Chapter-wise Q&A | CS Executive — Paper 1, Group 1 | ICSI New Syllabus
Q. Natural law says that certain rights are inherent by virtue of human nature and can be understood universally through human reason. Explain. (June, 21 – 5 Marks)
Q. The Charters of the several High Courts established by the British Government has laid down the rule to decide a case where the law on a matter is silent. Explain with the help of Supreme Court of India’s view in similar situation. (Dec 22 – 5 Marks)
Q. ‘Justice, Equity and Good Conscience’ is the main Secondary Source of Indian Law. Explain it. (Dec, 20 – 5 Marks)
Q. ‘‘All customs cannot be accepted as sources of law, nor can all customs be recognized and enforced by the courts.’’ Discuss the essential tests for customs to be recognized as valid sources of law. (Dec, 21 – 8 Marks)
Q. What are the essential conditions of a valid custom ? Discuss. Explain any four. (June, 21 – 4 Marks)
Q. ‘A custom will be valid and will have binding force only if it fulfills certain essential conditions.’ Elucidate. (Dec 23 - 5 marks)
Q. Define and distinguish between declaratory and persuasive precedents. (June, 22 – 4 Marks)
Q. Judicial precedents are an important source of law. Discuss various kinds of precedents. (Dec, 24 – 5 Marks)
Q. The sovereign power of making laws should be wielded, not to guarantee the selfish desires of individuals, but consciously to secure the common good. Critically examine this statement of Bentham. (June, 22 – 5 Marks)
Q. Jeremy Bentham claimed that nature has placed the man under the command of two sovereigns. He also stated that every law may be considered in eight different respects. Elucidate the statements. (June, 24 – 5 Marks)
Q. Critically examine Roscoe Pound’s theory of interests. (June, 19 – 5 Marks)
Q. “Law is a theory of social engineering, which means balance between the competing interests in society.” Discuss Roscoe Pound’s classification of interests. (June, 25 – 5 Marks)
Q. Describe Austin’s “Command Theory of Law” under analytical school. (Dec, 21 – 4 Marks)
Q. Define the concept of Kelson’s ‘Pure Theory of Law’ under Analytical School. (Dec, 21 – 5 Marks)
Q. According to Kelsen, law is a ‘‘normative science’’. Explain. (June 23 – 4 marks)
Q. In India a statute or law is valid because it derives its legal authority from being duly passed by the Parliament and receiving the accent of the President, the Parliament and the President, derive their authority from a norm i.e., the Constitution. From where does the Constitution derive its validity ? Explain. Which theory of law is based on a pyramidical structure of hierarchy of norms that derive their validity from the basic norm ? Elucidate. (June, 24 – 5 Marks)
Q. Examine how far the essentials of federal polity is incorporated in Indian Constitution. (June, 22 – 5 Marks)
Q. Discuss the test laid down by the Supreme Court of India to determine the entity of “State”, whether it is ‘instrumentality or agency of State’. (Dec, 18 -5 Marks)
Q. Explain the test laid down by the Supreme Court of India for determining whether an entity is an instrumentality or agency of the state. (Dec 22 – 5 Marks)
Q. “Any law which is inconsistent with the fundamental rights is void ‘to the extent of inconsistency’ and it is not necessary to strike down the whole Act as invalid, if only a part is invalid.” Discuss. (June, 21 – 4 Marks)
Q. Discuss the ‘Doctrine of Eclipse’ under the Constitution of India. (Dec, 20 – 5 Marks)
Q. ‘A’ a state in the Union of India made provisions for district-wise distribution of seats in state medical colleges on the basis of population of a district to the population of the state. Decide the validity of this classification with the help of relevant case law. (June, 22 – 5 Marks)
Q. ‘‘Article 16 of the Indian Constitution guarantees equal opportunity to all citizens of India in matters related to public employment. However, there are certain exceptions of the Article 16’’. Explain the reservation policy in India. (Dec, 21 – 4 Marks)
Q. Article 19(1)(g) of the Constitution of India provides that all citizens shall have the right to practice any profession, or to carry on any occupation, trade or Business. Explain. (Dec, 20 – 8 Marks)
Q. ‘Trade, commerce and intercourse throughout the territory of India shall be free.’’ Critically examine this statement with reference to Indian Constitution. (June 23 – 5 Marks)
Q. Explain the freedom of association under the Constitution of India. What reasonable restrictions have been imposed on this freedom under Article 19 of the Constitution of India ? (June, 19 – 5 Marks)
Q. “Article 20 of the Constitution of India guarantees protection against self- incrimination”. Explain briefly. (Dec, 18 – 4 Marks)
Q. Discuss the principle of protection against compulsion of self-incrimination embodies Article 20(3) of the Constitution of India with the help of judicial decisions. (June 23 – 4 marks)
Q. Mahendra is an accused in a high-profile murder case. The investigating authorities want to conduct a narco-analysis test without his consent to obtain evidence. Mahendra’s advocate argues that the use of this test violates his fundamental rights. With reference to Selvi v. State of Karnataka, AIR 2010 SC 1974, discuss as to whether the use of narco-analysis test on Mahendra, without his consent, constitutes a violation of his fundamental rights. Is this right available to all persons ? (Dec, 24 – 5 Marks)
Q. State the justifiable grounds for Parliament and State Legislature to pass law of preventive detention and briefly explain safeguards against such preventive detention laws. (Dec 22 – 4 Marks)
Q. Vijay, an accused, committed an offence of dacoity in 2015. At that time dacoity was punishable with imprisonment of 10 years. In 2016 during his trial, a law was passed which made dacoity punishable with life imprisonment. Which penalty would be applicable on accused Vijay? Discuss the answer with reference to Article 20(1) of the Indian Constitution. (June, 21 – 5 Marks)
Q. Discuss ‘the procedure established by law’ under Article 21 of the Constitution of India with decided case laws. (Dec, 18 – 8 Marks)
Q. Briefly describe the Fundamental Rights against exploitation under Constitution of India. (Dec, 21 – 5 Marks)
Q. “Under the Indian Constitution, Parliament is empowered to make law even on the subjects enumerated in the State List”. Discuss the power of Parliament to make Laws on State List. (June, 21 - 4 Marks)
Q. Raj has been wrongfully detained in custody by Yogesh, a police officer. What remedy is available to Raj’s family in such a case under Indian Constitution ? Discuss. (June, 25 – 5 Marks)
Q. Write a short note on writ of ‘Quo Warranto’. (Dec, 19 – 4 Marks)
Q. The Municipal Corporation of Indore has a legal obligation to provide clean drinking water to its residents as per the Madhya Pradesh Municipal Corporation Act, 1956. However, for the past six months, the residents of Ward 12 have been complaining about the lack of clean drinking water supply. Despite repeated complaints to the municipal authorities, no action has been taken to rectify the situation.
Q. Explain in brief the relationship between the statute of Limitation and Writs under the Constitution. (June 23 - 4 marks)
Q. Rajasthan Legislature passed a law restricting the use of sound amplifiers. The law was challenged on the ground that it deals with a matter which falls in entry 81 of List-I under the Constitution of India which reads :
Q. Discuss the fundamental duties as enumerated in Article 51A of the Constitution of India. Can it be enforced through writs ? Give reasons. (June, 22 – 8 Marks)
Q. In the latest decision, Supreme Court of India in the case Satender Kumar Anil vs. Central Bureau of Investigation and Ors (2022) took note of the continuous seeking bail after filing final report on a wrong interpretation of Section 170 of the Code of Criminal Procedure (Cr.P.C.) and thus made an endeavor to categorize the types of offenses to be used as guidelines for the future. It issued directions for the investigating agencies and also for the courts, however it cleared that these directions may be subject to State amendments. Is right to bail is on touchstone of Article 21 of Indian Constitution? State the direction issued under this case. (Dec 23 - 5 marks)
Q. Indian Constitution is considered as federal Constitution. There is distribution of powers between Union and States regarding enactment of Laws. Both authorities are independent of each other.
Q. The distribution of powers is an essential feature of federalism. The object for which a federal State is formed involves a division of authority between the National Government and the separate States. The tendency of federalism to limit the actions of the Government and to split up the strength of the States, is specially noticeable, because it forms the essential distinction between a federal system and a unitary system of Government. A Federal Constitution establishes the dual polity with the Union at the Centre and the States at a periphery, each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. That one is not subordinate to the other in its own field, the authority of one is to co-ordinate with that of the other. In fact, the basic principle of federalism is that the legislative, executive and financial authority is divided between the Centre and States, not by any law passed by the Centre but by the Constitution itself. This is what Indian Constitution does.
Q. In the interpretation of a statute a Judge must not alter the material of which it is woven, but he can and should iron out the creases. Comment. (Dec 22 – 4 Marks)
Q. Explain the object of interpretation. What is the function of the court in interpretation? (June 23 – 4 marks)
Q. Explain Heydon’s rule of Interpretation of Statute. (June, 22 – 4 Marks)
Q. Express mention of one thing implies the exclusion of another. Discuss under the interpretation of statutes. (June, 24 – 5 Marks)
Q. Describe the ‘‘Rule of Reasonable Construction’’ under the Interpretation of Statutes. (Dec, 19 – 5 Marks)
Q. Explain the ‘‘Rule of Beneficial Construction’’. (June, 19 – 4 marks)
Q. The rule of Ejusdem generis must be applied with great caution. Critically examine the merits and demerits of this rule. (June, 22 – 4 Marks)
Q. What is presumption ? When is it needed and not needed for interpretation ? (Dec 22 – 8 Marks)
Q. If the intention of the legislature is not clear, there are number of presumptions. Explain any four presumptions. (June, 21 – 4 Marks)
Q. Explain the ‘mischief rule’ under the Interpretation of Statutes. (Dec, 18 – 4 marks)
Q. What principle of statutory interpretation shall be applied by the Courts when there is conflict between General provision and Special provision? (Dec 23 - 5 marks)
Q. Where in an enactment, there are two provisions which cannot be reconciled, they should be so interpreted that, if possible, the effect may be given to both. Explain this statement. (June 23 - 4 marks)
Q. Explain the role of ‘Preamble’ as internal aid in interpretation of statute. Though the preamble cannot be used to defect the enacting clause of a statute, it has been treated to be a key for the interpretation of the statute. Examine. (Dec, 19 – 4 Marks)
Q. Describe the role of ‘interpretation or definition clause’ in statutes. (Dec, 21 – 5 Marks)
Q. Discuss the importance of ‘Illustrations’ for interpretation of statutes. (June, 21 – 4 Marks)
Q. What are ‘External Aids’ in the interpretation of statutes? Briefly describe any two external aids in the interpretation of statutes. (Dec, 21 – 4 Marks)
Q. Discuss the aim and objects of the General Clauses Act,
1897. (June, 21 – 4 Marks)
Ans. The General Clauses Act, 1897 is a consolidating
statute that combines the provisions of the General Clauses Acts of 1868
and 1887. Its primary aim is to provide a uniform framework for the
interpretation of words and legal principles used in Central Acts and
Regulations. The key aims and objectives are as follows:
Q. If the date of enactment is not specified under the legislation, when does it come into force? Cite the relevant provision of the General Clauses Act, 1897. (June 23 - 4 marks)
Q. Where any Central Legislation or any regulation enacted after the commencement of the General Clauses Act, 1897 repeals any Act, what shall not be affected by such repeal? (Dec, 19 – 4 Marks)
Q. Discuss the effect of repeal under Section 6 of General Clauses Act, 1897. (Dec 22 – 5 Marks)
Q. Discuss the effect of repeal under the General Clauses Act, 1897. The Bharatiya Nyaya Sanhita (BNS), 2023, which came into effect on July 1, 2024, repealed the Indian Penal Code (IPC), 1860, as the primary criminal law in India. What is the legal consequence of offences committed under the IPC, before July 1, 2024 ? (June, 25 – 5 Marks)
Q. Explain the provisions applicable to making of rules or bye-laws after previous publication under Section 23 of General Clauses Act. (Dec 22 – 4 Marks)
Q. Explain the provisions as to offences punishable under two or more enactments under Section 26 of the General Clauses Act, 1897. (Dec, 21 – 4 Marks)
Q. Explain the ‘Rule of Harmonious Construction’ for interpretation under General Clause Act, 1897. (Dec.18, 4 Marks)
Q. Briefly explain the ‘Purposive Rule of Interpretation’ under the General Clauses Act, 1897. (Dec, 19 – 4 marks)
Q. Shikha is accused of committing fraud by submitting false documents to obtain a loan from a bank. Her actions constitute an offence under both the Indian Penal Code (IPC) and the Banking Regulation Act. The prosecution initiates legal proceedings against Shikha under both enactments. Explain whether Shikha can be punished twice for the same offense under the IPC and the Banking Regulation Act, with regards to the provisions of the General Clauses Act, 1897 ? What are the provisions mentioned in the Act with regards to the computation of time ? (Dec, 24 – 5 Marks)
Q. Administrative law is the by-product of ever increasing functions of the Governments. Now, States have no longer policies limited to maintaining internal order and external threats. Examine. (June, 21 – 4 Marks)
Q. Do you consider that there is no antithesis between effective government and controlling the exercise of administrative powers? (Dec 22 – 4 Marks)
Q. What are the principal sources of Administrative Law in India ? Explain in brief. (Dec, 20 – 4 Marks) (Dec, 24 -5 Marks) (New Syllabus)
Q. Rule of law was developed by British Jurist A.V. Dicey, which he gave in his book ‘‘Rule of Law’’. Discuss. (Dec, 24 – 5 Marks)
Q. The biggest check over administrative action is the power of judicial review. Elaborate. (Dec 22 - 4 marks)
Q. Examine the necessity of administrative discretion. (June, 22 -4 Marks)
Q. Under what circumstances the decision exercised by administrative authorities are treated as abuse of discretion ? Explain any four. (Dec, 19 -4 Marks)
Q. ‘No law can clothe administrative action with a complete finality even if the law says so, for the courts always examine the ambit and even the mode of its exercise to check its conformity with fundamental rights.’ In the light of the statement discuss the judicial review at the stage of exercise of administrative discretion. (Dec 23 - 5 marks)
Q. Explain the rule of ‘nemo judex in causa sua’ under Administrative Law. (Dec, 20 – 4 Marks)
Q. Explain in brief doctrine of ‘Nemo Judex in Causa Sua’. (June, 19 -4 Marks)
Q. ‘‘A judge is supposed to be indifferent to the parties to the controversy. He cannot act as a judge of a case in which he himself has some interest either pecuniary or otherwise as it affords the strongest proof against neutrality.’’ Elucidate. (June 23 - 4 marks)
Q. A pharmaceutical company, Moon Pharma Ltd., filed a patent infringement lawsuit against a small Biotech startup, Deep Ltd. The case was heard by Judge M, who held significant shares in the Moon Pharma Ltd. Judge M ruled in favour of Moon Pharma Ltd. Should Judge M have abstained himself from the case on the basis of principle of Natural Justice ? Elaborate. (Dec, 24 - 5 marks each)
Q. Explain in brief ‘Audi Alterum Partem Rule’ under the Administrative law. (Dec, 18 – 4 marks)
Q. “The court have always insisted that the administrative agencies must follow minimum of fair procedure, i.e., Principal of Natural Justice”. Under what circumstances can the right to a fair hearing and the rule against bias be lawfully excluded ? (June, 25 – 5 Marks)
Q. What do you mean by Judicial Precedents? Also read the following statements. Determine and explain what kind of precedent it is:
Q. Discuss the main feature of Statutory Corporation under Administrative Law. (June, 21 – 5 Marks)
Q. ‘‘To constitute a tort, there must be a wrongful act and legal damages’’. Explain. (June, 21 – 4 Marks)
Q. Explain with suitable examples that legal damage is neither identical with actual damage nor is it necessarily pecuniary. (Dec 22 - 4 marks)
Q. Distinguish between ‘Damnum Sine Injuria’ and ‘Injuria Sine Damnum’ under the law relating to Torts. (Dec, 18 – 4 Marks)
Q. Explain the Latin maxims ‘damnum sine injuria’ and ‘injuria sine damnum’. (Dec, 21 – 4 Marks)
Q. Water supply to A’s mill was disrupted due to B’s digging of his well. This resulted in the cutting of the water supply to the A’s mill, due to which it was shut down. A filed a suit for damages against B in a court of law. Decide and give reasons for your conclusions. (June, 24 – 5 Marks)
Q. Discuss the ‘Rule of Strict Liability’ under the Law of Torts. (Dec, 18 – 4 Marks)
Q. Explain the exceptions to the rule of strict liability under Law of Torts. (June, 22 – 4 Marks)
Q. Discussing the case of Rylands Vs. Fletcher, state the rule of strict or absolute liability. Reyansh owns a large, well-maintained dog, which is kept in a secure kennel in Reyansh’s backyard. The kennel has a gate which is generally locked and a high fence to ensure that the dog does not escape. One day, Vedant, a neighbour, climbs over the fence and opens the kennel gate, allowing the dog to run free. The dog then bites Kartik, another neighbour, who was walking by. Kartik files a suit for damages against Reyansh under the law of torts. Is Reyansh liable for damages under the rule of strict liability ? (Dec, 24 – 5 Marks)
Q. Critically examine the applicability of liability rule in the tort applied in cases of enterprises engaged in a hazardous industry in India. (June, 22 – 8 Marks)
Q. The managing clerk of a firm of solicitors, while acting in the ordinary course of business committed fraud, against a lady client by fraudulently inducing her to sign documents transferring her property to him. He had done so without the knowledge of his Principal. Explain whether the Principal will be liable ? (June, 21 – 4 Marks)
Q. Discuss the position of vicarious liability of an employer for an independent contractor. What are the conditions when an employer is liable and when he is not liable? (June 23 – 5 Marks)
Q. Anil and Amit are two partners of a firm. Anil, while ordinarily dealing with another firm, bribed that firm’s clerk to divulge secret relating to the other firm where that clerk was working. In this case, who shall be liable—whether both the Partners i.e. Anil and Amit or only Anil ? Explain. (Dec, 19 – 4 Marks)
Q. The defendants were a partnership firm consisting of two partners, Ramesh and Mahesh. Ramesh was taking care of the functioning of the firm and Mahesh was a sleeping partner. Ramesh acting within the scope of his authority, bribed the clerk of the plaintiff’s company and induced him to commit a breach of contract with the plaintiff and divulge some of the secret important information of the plaintiff’s company. The plaintiff suffered losses. This act of Ramesh was done without Mahesh’s knowledge. Plaintiff sued both the partners. Discuss whether the plaintiff would succeed. (June, 25 – 5 Marks)
Q. Explain the liability of master for the act of his servant under the law of torts. (Dec, 21 – 5 Marks)
Q. John who had his account in a private bank went to bank to deposit the cash. While he was entering into the bank alongside cash box of the bank was also being carried inside, the security guard in a haste ended up firing John thereby killing him. Mrs. Maria, wife of Mr. John claims that bank is vicariously accountable for the incidence, but the bank argues that it had not given the permission to employee to fire. Is the argument of bank correct? Decide. (Dec 23 - 5 marks)
Q. Swaraj an employer of ABC Company Ltd., appointed Rakesh as an independent contractor. Discuss under what circumstances Swaraj would be liable for the fault of Rakesh. (Dec, 18 – 5 Marks)
Q. Discuss the vicarious or tortious liability of state for the act of his servant. Refer relevant Judgements. (June, 19 – 4 Marks)
Q. Distinguish between Battery and Assault as enumerated under the Law of Torts. (Dec, 20 – 4 Marks)
Q. Describe the concept of False Imprisonment under Law of Torts. Cite case law in support of your answer. (Dec, 21 – 5 Marks)
Q. Discuss briefly ‘‘Malicious Prosecution’’ and its essential elements under the law relating to Torts. (Dec, 19 – 4 Marks)
Q. Ravi had a longstanding grudge against Govind. Out of spite, Ravi had falsely accused Govind of theft. Based on Ravi’s false report, criminal proceedings were initiated against Govind. During the trial, the court found that the allegations were baseless and subsequently acquitted Govind. After the acquittal, what remedy does Govind have against Ravi under the law of tort ? Discuss in detail. (Dec, 24 – 5 Marks)
Q. What remedies can be sought under the Law of Torts ? (Dec, 18 – 4 Marks)
Q. State the remedies available in tort other than an action for unliquidated damages. (Dec 22 – 4 Marks)
Q. Discuss any four Extra Judicial Remedies under Law of Torts. (Dec, 20 – 4 Marks)
Q. The liability of the Government can either be contractual or tortious. The Constitution of India allows the central and the state government to enter into contracts under Article 299 of the Constitution of India.
Q. In reference to the above statements, answer the following questions :
Q. How ‘Decree’ is defined under Section 2(2) of the Civil Procedure Code, 1908 and mention essentials of a Decree. (Dec, 20 – 4 Marks)
Q. X filed a suit to recover possession of a movable property against Y. During the hearing, X alleged that Y may dispose of the property to his benefit. If you are a presiding officer of a court how you will decide the case ? Give reasons for your conclusions. (June, 24 – 5 Marks)
Q. It is well settled law that for grant of temporary injunction, three factors have to be satisfied, which are prima facie case, balance of convenience and irreparable loss. Discuss. (Dec, 21 – 4 Marks)
Q. Discuss the doctrine of ‘Res Sub Judice’ under Section 10 of Civil Procedure Code, 1908. (Dec, 18 – 5 marks)
Q. Discuss the provision of Civil Procedure Code, 1908 which prevents multiplicity of suits in respect of same cause of action. (Dec, 21 – 4 Marks)
Q. Explain the difference if any, in between ‘Res Judicata’ and ‘Res Sub-Judice’. (June, 19 – 4 marks)
Q. Whether in case of consent and compromise decree in between parties, principle of Res Judicata shall apply ? Discuss. (June, 21 – 4 Marks) or
Q. A filed a suit against B in 2019, claiming that B had wrongfully evicted him from a property. The court in its judgment in 2021, ruled in favor of B, stating that the eviction was lawful and dismissed A’s claim. In 2023, A files a new suit against B on the same grounds, seeking to reopen the case. B argues that the new suit is barred under the Civil Procedure Code, 1908. Discuss. What are the requirements necessary for the applicability of the principles of res judicata ? (Dec, 24 – 5 Marks)
Q. Discuss the provisions relating to place of suing under section 16 of the Code of Civil Procedure, 1908. (Dec, 21 – 4 Marks)
Q. Elaborate the provisions of Civil Procedure Code, 1908 regarding suits by or against minors and what will be the impact after minor attains the age of majority? (Dec, 20 – 8 Marks)
Q. Ram filed a suit for recovery of certain sum against Raj who was a minor. Later, an ex-parte decree was passed against Raj. In execution of decree, the house of Raj was sold to Prabhu and sale certificate was also issued in favour of Prabhu. However, Raj continued living in the house and later on died, leaving no legal heir, and the property by escheat, passed to the State. Prabhu filed for possession of the house. Discuss the legality of Prabhu’s claim to the possession of the house. (June, 25 – 5 Marks)
Q. ‘Explain provisions of summary procedure’ including leave to defend under Civil Procedure Code. (June, 19 – 4 Marks)
Q. Discuss the remedies available to the defendant when an ex-parte decree is passed against him. (June, 22 – 4 Marks)
Q. Explain substituted mode of service of summons and its effect. (Dec 22 – 5 Marks)
Q. Explain the limitations under Civil Procedure Code that every suit shall be instituted in a court within the local limit of whose jurisdiction the defendant actually resides or carries on business. (Dec 22 - 4 marks)
Q. Distinguish between Ratio decidendi and Obiter dicta. What are the rules governing binding force of judicial precedents? Discuss. (June 23 - 4 marks)
Q. ‘‘Reference and Review are various remedies provided under the Civil Procedure Code, 1908 to cater to different situations.’’ Explain. (June 23 - 4 marks)
Q. Differentiate between rule of res judicata and res subjudice. (June 23 - 4 marks)
Q. Referring to Civil Procedure Code, 1908, answer the following:
Q. ‘In civil suits sometimes Court allows the defendants claims to set-off against the plaintiff demand any ascertained sum of money legally recoverable by him from plaintiff.’ In light of the statement discuss whether in India distinction between Legal and Equitable set-off is recognized? (Dec 23 - 5 marks)
Q. Define ‘Complaint’ under the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dec, 20 – 4 Marks)
Q. Distinguish between cognizable and non-cognizable offence under the Bharatiya Nagarik Suraksha Sanhita, 2023. (June, 19 – 5 Marks)
Q. Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enumerates the different categories of cases in which a police officer may arrest a person without an order from a Magistrate and without a warrant. Explain any five Categories of such cases. (Dec, 20 – 5 Marks) or
Q. What is meant by a summons under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 ? Discuss the provisions relating to the service of summons on corporate bodies, firms, and societies. (June, 25 – 5 Marks)
Q. Explain the procedure given in Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for publication of proclamation regarding absconding persons. (Dec, 21 – 4 Marks)
Q. Discuss the provisions relating to information to the police and their power to investigate in cognizable and non-cognizable cases under the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dec, 19 – 8 Marks)
Q. Discuss in brief the power of the court to try offences under Bharatiya Nyaya Sanhita, 2023 and any other law as laid down in Bharatiya Nagarik Suraksha Sanhita, 2023. (June, 22 – 5 Marks)
Q. What are the remedies under Bharatiya Nagarik Suraksha Sanhita, 2023, where a warrant remains unexecuted? (Dec 22 - 4 marks)
Q. Discuss the grounds under which the Court at the time of passing sentence on accused person, order him to execute a bond for keeping peace to such period and when such a bond so executed shall become void? (Dec 22 - 4 marks)
Q. The classical view of that ‘no mens rea, no crime’ has long been eroded. Elaborate. (Dec 22 - 4 marks)
Q. In which offences can a case be tried summarily under Section 283 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)? (Dec, 24 – 5 Marks)
Q. What are the duties of a police officer while making an arrest under Section 36 and the right of an arrested person under Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023.? (June, 22 – 4 Marks)
Q. (i) A puts bait for dogs in his pocket and induces Z’s dog to follow it. A dishonestly takes the dog out of Z’s possession without Z’s consent. Explain the offence committed by A under the Bharatiya Nyaya Sanhita, 2023. What is the punishment for the offence committed ?
Q. Anand could not clear his Civil Services interview, yet he falsely pretended that he had cleared it. He intentionally deceived Param and dishonestly induced him to provide goods on credit, despite having no intention to pay for them. Discuss the offence committed by Anand under the Bharatiya Nyaya Sanhita, 2023. (June, 25 – 5 Marks)
Q. A person was accused of theft involving stolen property valued at less than five thousand rupees. He was a first-time offender, and the property was recovered. Discuss the punishment prescribed for such an offence under the Bharatiya Nyaya Sanhita, 2023. What other offences are covered under this type of punishment ? (June, 25 – 5 Marks)
Q. There were two contracts–one between the principal and contractor and another between contractor and sub-contractor. On completion of work, the sub-contractor demanded money for the completion of work and on non-payment filed a criminal complaint alleging that the contractor having received the payment from the principal had misappropriated the money. What kind of offense has been committed by the contractor ? Also, define and elucidate the essential ingredients of criminal misappropriation of property. (June, 24 – 5 Marks)
Q. A is accused of forging B’s signature on a gift deed of property. The prosecution relies on the opinion of a handwriting expert, who confirms that the signature is forged. Discuss the relevancy of the opinion of a handwriting expert under the Bharatiya Sakshya Adhiniyam, 2023. (June, 25 – 5 Marks)
Q. Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the term ‘Evidence’. Explain it. (Dec, 20 – 4 Marks)
Q. Oral evidence must be direct in all cases. Explain this statement. (Dec 22 - 4 marks)
Q. Distinguish between ‘Primary Evidence’ and ‘Secondary Evidence’, under the Bharatiya Sakshya Adhiniyam, 2023. (Dec, 20 – 4 Marks)
Q. State the physical and psychological fact with suitable examples as enumerated in Bharatiya Sakshya Adhiniyam, 2023. (June, 22 – 4 Marks)
Q. ‘A’ is accused of the murder of ‘B’ by beating him. Discuss the rule of relevancy of fact of the statement said or done by ‘A’ or, ‘B’ or the bystanders at the beating, or so shortly before or after it. (Dec, 21 – 4 Marks)
Q. The ‘Privileged Communications’ are based on Public Policy and a witness cannot be compelled to answer the same during the evidence in the Court or before any other authority. Explain in brief. (June, 19 – 5 Marks)
Q. All facts logically relevant are not legally relevant. Narrate. (Dec 22 - 4 marks)
Q. What is Professional Communications ? In a case Ramesh, a client, says to Ashwin, his Advocate, ‘‘I stole a bike and I whish you to defend me’’ Ashwin refused to plead his case. Later on Ashwin gives evidence against Ramesh about this communication. Is this communication protected from disclosure under the Bharatiya Sakshya Adhiniyam, 2023? Explain. (Dec, 21 – 4 Marks)
Q. How far confession differs from admission as defined in Bharatiya Sakshya Adhiniyam, 2023? (June, 22 – 4 Marks)
Q. ‘‘Every confession must be an admission but every admission may not amount to a confession.’’ Examine this statement. (June 23 – 4 marks)
Q. Extra-Judicial confession was made before a witness who was a close relative of accused and the testamony of said witness was reliable and truthful. Examine the relevancy of this confession. (June, 21 – 4 Marks)
Q. ‘Confession caused by inducement, threat or promise is irrelevant’. Explain briefly. (June, 19 – 4 Marks)
Q. Discuss with reasons the following under the Bharatiya Sakshya Adhiniyam, 2023:
Q. Explain the special provisions as to Evidence relating to Electronic Record under the provisions of the Bharatiya Sakshya Adhiniyam, 2023. (Dec,19 – 4 Marks)
Q. When the opinion of any person is relevant except experts under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)? (June, 21 – 4 Marks)
Q. Opinion of experts under section 45 of the Bharatiya Sakshya Adhiniyam, 2023. (June, 19 – 4 Marks)
Q. ‘‘The general rule is that opinion of a witness on a question whether of fact or law, is irrelevant’’. However, there are some exceptions to this general rule. Explain. (Dec, 24 – 5 Marks)
Q. The students of Patra University appeared in an examination under a special scheme, and their results were declared but the degree of successful students was not issued as the University decided to further examine the students on the additional subject. Can the University do so? Discuss the relevant rule of evidence. (June 23 – 5 Marks)
Q. The decision of a Court allowing a suit which had been instituted after the period prescribed is not vitiated for want of jurisdiction. Discuss it in the light of provisions under section 3 relating to Bar of Limitation under Limitation Act, 1963. (June, 21 – 4 Marks)
Q. Is Section 3 of the Limitation Act, 1963 mandatory in nature ? Discuss. (June 23 - 4 marks)
Q. ‘‘The Law of limitation bars the remedy in a Court of law only when the period of limitation has expired, but it does not extinguish the right.’’ Elucidate the statement. Whether court can Suo moto take note of the question of limitation? (June, 24 – 5 Marks)
Q. The test of ‘Sufficient Cause’ is purely an individualistic test, under the Limitation Act, 1963. Clarify. (Dec, 20 – 4 Marks)
Q. Discuss the doctrine of sufficient cause under the Limitation Act, 1963. (June, 25 – 5 Marks)
Q. Explain the importance of ‘time requisite for obtaining a copy’ under Limitation Act, 1963 with the help of case law. (June, 22 – 4 Marks)
Q. Discuss the provisions relating to persons under legal disability under the Limitation Act, 1963. (Dec, 19 – 4 Marks)
Q. Under Limitation Act, 1963 the limitation period for filling a particular suit is 3 years. When the limitation period commenced Akash was minor of age 13 years. Due to his legal disability, he couldn’t institute the suit. Decide with reasons whether Akash can file suit on cessation of the minority? (Dec 23 - 5 marks)
Q. What happens when there is a joint entitlement of filing a suit or application ? (Dec, 24 – 5 Marks)
Q. Explain the meaning of continuous running of time under Section 9 of Limitation Act with exceptions and applicability. (Dec 22 - 4 marks)
Q. Manoj died on 3rd August, 2016 before a right to institute a suit accrued, leaving behind a minor son of the age of 15 years. Decide the time from where the period of limitation shall be calculated under Limitation Act, 1963. (Dec. 18 – 4 Marks)
Q. What is the effect of acknowledgement on the period of limitation under the section 18 of the Limitation Act, 1963 ? Explain. (June, 21 & June,19 – 4 Marks)
Q. Describe in brief the provisions of Section 19 of the Limitation Act, 1963 regarding the effect of payment on account of debt or of interest on legacy. (Dec, 20 – 4 Marks)
Q. What is maximum and minimum period of limitation prescribed by Limitation Act, 1963 and also state that in which kind of suits it is provided ? (Dec, 21 – 4 Marks)
Q. Name the kind of suits for which period of limitation prescribed by the Limitation Act is 30 years and 12 years respectively. (Dec 22 - 4 marks)
Q6. What is the time period of limitation for compensation in defamation? (Dec 23 – 3 marks)
Q. When the date was not fixed by the parties for the performance of a specific act, then how the court will compute the limitation period ? When does the limitation period start for filing a suit ? Decide with the help of the case laws. (June, 24 – 5 Marks)
Q. What is meant by Alternative Dispute Resolution (ADR)? Which are the areas in which ADR works? (Jun,16-5 marks, Old syllabus)
Q. ‘‘Alternative Dispute Resolution is not an alternative to the court system but only meant to supplement the same aiming on less lawyering’’. Comment. (Dec, 21 – 4 Marks)
Q. Does the Alternate Dispute Resolution (ADR) processes provide procedural flexibility of a conventional trial ? Explain. (Jun,17-5 marks, Old syllabus)
Q. What is meant by 'arbitration agreement' under the Arbitration and Conciliation Act, 1996 ? Should the arbitration agreement be in writing and whether jurisdiction of civil court is barred ? (Dec,15-5 marks, Old syllabus)
Q. Explain the basic features of Arbitral Award under the Arbitration and Conciliation Act, 1996. (June, 19 and June, 23 – 4 Marks)
Q. State the form and contents of Arbitral award. (June, 22 – 4 Marks)
Q. Elaborate the provisions of Section 32 of Arbitration and Conciliation Act, 1996 regarding the termination of arbitral proceedings. (Dec, 20 – 4 Marks) (June, 24 – 5 Marks)
Q. Distinguish between Arbitration and Conciliation under the Arbitration and Conciliation Act, 1996. (June, 19 – 4 Marks)
Q. “A party may, before or during arbitral proceedings, or at any time after the making of the arbitral award but before its enforcement under Section 36, apply to the court for interim measures under Section 9(1) of the Arbitration and Conciliation Act, 1996.” Discuss. (June, 25 – 5 Marks)
Q. Discuss in brief the provisions for challenging the arbitrator under the Arbitration and Conciliation Act, 1996. (Dec, 18 – 8 Marks)
Q. Explain the interim measures of protection for which a party during the arbitral proceedings may apply to the arbitral tribunal under section 17(1) of Arbitration and Conciliation Act, 1996. (June, 21 – 4 Marks)
Q. State the provisions of Section 25 in Arbitration and Conciliation Act, 1996 regarding default of a party. (Dec, 20 – 4 Marks)
Q. Explain the grounds for setting aside of an Arbitral Award under the Arbitration and Conciliation Act, 1996. (Dec, 19 – 4 Marks) (Dec 23 - 5 marks)
Q. The enforcement of Foreign Award is subject to certain conditions. Explain this statement. (Dec 22 - 4 marks)
Q. Discuss the grounds on which a party, against whom a foreign award is invoked, may oppose its enforcement under Section 48 of the Arbitration and Conciliation Act, 1996. (June, 25 – 5 Marks)
Q. Throw light on the role of a Conciliator in a Conciliation Proceeding under the Arbitration and Conciliation Act, 1996. In what manner a Conciliation Proceeding may be terminated? (June 23 – 5 Marks)
Q. What is the procedure for the commencement of conciliation proceedings under the Arbitration and Conciliation Act, 1996? How many conciliators can be there in these proceedings? (Dec 23 - 5 marks)
Q. State the reason and purpose of Arbitration and Conciliation (Amendment) Act, 2015 passed by the Parliament. (Dec 22 - 4 marks)
Q. Explain briefly the terms 'conciliation' and 'mediation'. (Dec,16-3 marks, Old syllabus)
Q. What is the difference between ‘Conciliation and Mediation’
Q. Explain the provisions regarding the appointment of Conciliator under Arbitration and Conciliation Act, 1996. State the role of the Conciliator to settle the dispute. (Dec,17-5 marks, Old syllabus)
Q. What is meant by ‘Arbitral Award’ ? State the ingredients of an arbitral award under the Arbitration and Conciliation Act, 1996. (Dec,18-8 marks, Old syllabus)
Q. What are various types of mediation and enumerate the distinction between Arbitration and Mediation. (June, 24 – 5 Marks)
Q. Define the term ‘mediation’ and ‘mediator’ under The Mediation Act, 2023. Distinguish between arbitration and mediation. (Dec, 24 – 5 Marks)
Q. Discuss the provisions regarding the appointment of arbitrators under the Arbitration and Conciliation Act, 1996.(Jun,17-7 marks, Old syllabus)
Q. The appellant entered into an agreement with the respondent for the sale of 40,000 WMT (Wet Metric Tonne) of Iron Ore Pellets. Dispute arose between the parties regarding the price and payment terms and the appellant did not deliver the goods to the respondent. The respondent claimed for damages and the appellant denied any liability. Clause 18 of the agreement between the parties contains an arbitration clause. The respondent invoked the arbitration clause and the appellant did not agree for the appointment of the arbitrator. Hence, the respondent filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 before the Madras High Court. The Madras High Court vide impugned order appointed a former judge of the Madras High Court as the sole arbitrator. The appellant preferred the appeal to the Supreme Court. Decide whether the Madras High Court has justified in appointing the arbitrator. Give your reasons. (June, 24 – 5 Marks)
Q. What is Conciliation ? Bring out some differences between Arbitration and Conciliation. (Jun,18-3 marks, Old syllabus)
Q. Distinguish between the following :
Q. Distinguish between the following :
Q. Distinguish between English mortgage and Mortgage by conditional sale. (June, 21 – 4 Marks) (Dec, 21 – 3 Marks)
Q. Neelam had a property situated in Prayagraj. She was in urgent need of money for business purposes and therefore approached the creditor, showed her documents and borrowed money. She delivered the title deed in the city of Lucknow. Is this a valid mortgage ? Discuss in detail the requisites for this kind of mortgage. (June, 25 – 5 Marks)
Q. X gives to Y property worth only `5,000 and adds a condition that Y should sell property for `75,000 and not below that amount, this condition will at once become invalid for no one will buy the property which is only worth `5,000 for `75,000 Similarly X gives property to Y worth `75,000 and stipulates that if Y wants to sell the property he should sell it to Z for `2,000. Decide with help of case law whether it is an absolute restraint under law relating to Transfer of Property Act, 1882. (Dec, 20 – 4 Marks)
Q. Rajan made a gift of a house to his son, Ravi, with the condition that if Ravi decides to sell the house during the lifetime of Rajan’s wife, she should have the option to purchase it for `10,000, even though the market value of the house is set at ` 10,00,000. Decide the validity of this transfer under the Transfer of Property Act, 1882. Would your answer be the same if Rajan, instead of the above condition, imposed a condition that Ravi will not alienate the property outside the family ? When are absolute restraints valid ? (Dec, 24 – 5 Marks)
Q. A and B are litigating in a count of law over property X and during the pendency of the suit, A transfers the property X to C. The suit ends in B’s favour. Decide, who shall be entitled for property X under the provisions of the Transfer of Property Act, 1882 ? (Dec,19- 4 marks)
Q. “Nothing new should be introduced in a pending litigation”, is a well-known concept of property law. Critically evaluate this concept.
Q. A and B are litigating in a Court of law over property X and during the pendency of the suit, A transfers the property X to C. The suit ends in B’s favour. Decide whether C can claim property from B. Give reasons for your answer. (June, 24 – 5 Marks)
Q. Right conferred by section 53-A of the Transfer of Property Act, 1882 is available to defend and to protect possession but does not create any title? Comment. (Dec, 20 – 3 Marks) or
Q. Discuss briefly the ‘doctrine of part-performance’, which is embodied in Section 53A of the Transfer of Property Act, 1882.
Q. A contract for the sale of land has been entered into between A and B. The transferee has paid the price entering into possession and is willing to carry out his contractual obligations. As registration has not been effected, A the transferor, seeks to evict B from the land. Can he do so ? Explain. (Dec,18- 4 marks)
Q. A gifts ` one lakh to B, reserving right to take back ` ten thousand out of that at his desire with B’s assent. Decide the validity of this gift in the light of relevant provisions of law. (Dec, 21 – 4 Marks)
Q. Sachin made an unconditional gift of property to Amit but continued in possession of gifted property. Sachin revoked the gift deed transferred it to Naresh. Amit wants to recover possession from Naresh. Discuss it in the light of provisions of Transfer of Property Act, 1882 whether Naresh can withhold the gifted property? (June,19- 4 marks)
Q. Describe the essential conditions required for transfer for benefit of unborn person. (Dec,16- 5 marks, Old Syllabus)
Q. Tarun has two properties, Property-X and Property-Y. He sells his Property-Y to Jolly and puts a condition that Jolly should not construct more than one storey on Property-Y so that Property-X, which he retains, shall have good light and free air. Whether the condition imposed by Tarun is 'valid' under the Transfer of Property Act, 1882 ? Give reasons. (Dec,16- 3 marks, Old Syllabus)
Q. X has two properties, property ‘A’ and property ‘B’. He sells his property ‘A’ to Y and puts a condition that Y should not construct more than one storey on property ‘A’, so that property ‘B’, which he retains, shall have good light and free air. Ascertain, whether condition imposed by X is valid under the Transfer of Property Act, 1882 ? (Dec, 19- 3 marks, Old Syllabus)
Q. Explain the meaning of 'Usufructuary Mortgage' as given under the Transfer of Property Act, 1882. (Dec,17- 3 marks, Old Syllabus)
Q. Differentiate between ‘Reversion’ and ‘Remainder’, under the law relating to the Transfer of Property Act, 1882. (Dec,18- 3 marks, Old Syllabus)
Q. A transfers his property to B, worth rupees two lakh and by the same instrument asks B to transfer the property for rupees one lakh to C. If B does not accept the same, the property will revert to A. But before B exercises his option, A dies. Decide, whether C can claim the right in the given property. (Dec, 19- 5 marks, Old Syllabus)
Q. Enumerate the properties which cannot be transferred under the provisions of the Transfer of Property Act, 1882. (Jun, 16- 5 marks, Old Syllabus)
Q. Distinguish between 'moveable property' and 'immoveable property'. (Jun, 16- 5 marks, Old Syllabus)
Q. What do you understand by 'crystallisation of floating charge' under the Transfer of Property Act, 1882 ? (Jun, 16- 5 marks, Old Syllabus)
Q. "Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed, for which he may move to the court." Comment. (Jun, 16- 5 marks, Old Syllabus)
Q. What is meant by 'onerous gift' ? (Jun, 16- 4 marks, Old Syllabus)
Q. If the gift of an immoveable property is accepted but not registered, does it amount to a valid gift ? Give reasons. (Jun, 16- 3 marks, Old Syllabus)
Q. Define the term ‘Puisne Mortgage’. (Jun, 18- 3 marks, Old Syllabus)
Q. A contract for the sale of land has been entered into between Vishal and Akash. Akash, the transferee, has paid the price entering into possession and is willing to carry out his contractual obligations. As registration has not been effected Vishal, the transferor, seeks to evict Akash from the land. Whether Vishal can do so ? Give reasons in support of your answer. (June, 21 – 4 Marks)
Q. Write in brief, about the doctrine of election as given under the Transfer of Property Act, 1882. (Jun, 19- 5 marks, Old Syllabus)
Q. Amit who is Hindu, provided in partition between him and his three sons in the partition deed that if any one of his sons wants to sell his share, he should not sell it to a stranger, rather he should sell it to his brother at Rs. 1000 only. Examine the validity of condition imposed in partition deed under provisions contained in Transfer of Property Act, 1882. (Dec, 23 – 4 Marks)
Q. Samantha is gifted a house by her father with the condition that she must transfer a paddy field to her sister. Is this transfer valid ? Explain as per provisions contained in Transfer of Property Act, 1882. (Dec, 23 - 3 Marks)
Q. Distinguish between the following
Q. A and B are litigating in a Court of law over property X and during the pendency of the suit, A transfers the property X to C. The suit ends in B’s favour. Decide whether C can claim property from B. Give reasons for your answer. (June, 24 – 5 Marks)
Q. Enumerate any four kind of properties which cannot be transferred under the Transfer of Property Act, 1882. (June, 23 – 3 Marks)
Q. Distinguish between the following:
Q. Distinguish between the following :
Q. Distinguish the following :
Q. What do you mean by lease under the Transfer of Property Act, 1882 ? Discuss the duties of the lessee ? (Dec, 24 – 5 Marks)
Q. In the case Reliance Petrochemicals Limited V. Indian Express Newspapers, 1989 AIR 90 the Supreme Court observed that Article 21 includes the right to know. The Supreme Court held that the right to know is a necessary ingredient of participatory democracy. Elucidate the statement and explain the objectives of the Right to Information Act, 2005. (June, 24 – 5 Marks)
Q. In R. P. Ltd. Vs. Indian Express Newspapers, the Supreme Court read into Article 21 – the right to know. Discusss how right to know is related to Right to Information under The Right of Information Act, 2005. (June, 21 – 4 Marks)
Q. State any four obligations of Public Authority prescribed under Section 4(1)(b) of the Right to Information Act, 2005. (Dec, 20 – 4 Marks)
Q. Section 4 of the Right to Information Act, 2005 has entrusted certain obligations on the public authorities. Discuss any eight obligations. (Dec 22 – 4 Marks)
Q. Right to Information Act, 2005 specifies the manner in which requests may be made by a citizen to the authority for obtaining the information. Discuss. (Dec 23 - 5 marks)
Q. A public authority received an RTI application demanding information about strategically placed troops and related information when the country was at war with one of its neighbouring countries. The authority denied its disclosure as it belonged to a category which was exempted under the Right to Information Act, 2005. Discuss whether the authority could deny such information with reference to the relevant provisions of the Act? (Dec, 24 – 5 Marks)
Q. State the types of information, other than those exempted information in Section 8, a public authority is not under an obligation to furnish to an applicant under Right to Information Act, 2005. (June, 22 – 4 Marks)
Q. Section 20 of the Right to Information Act, 2005 deals with the penalties imposed on a Public Information Officer (PIO). Explain. (Dec, 20 – 4 Marks)
Q. Discuss in brief the composition and the powers of Central Information Commission (CIC) given under the Right to Information Act, 2005. (Dec, 18 – 4 Marks)
Q. Discuss the term of office and conditions of service of Chief Information Commissioner and Information Commissioner under the Right to Information Act, 2005. (Dec, 21 – 4 Marks)
Q. Sohan Singh, aged sixty-two, was working as an Information Commissioner. In the midst of his tenure, after serving one year as an Information Commissioner, he was appointed as the Chief Information Commissioner. Discuss in detail, whether he can be appointed as the Chief Information Commissioner, and explain the terms of office of the Central Information Commission under the Right to Information Act, 2005. (June, 25 – 5 Marks)
Q. What are the appellate authorities and time limit to file an appeal against the decision under the Right to Information Act, 2005? (June 23 - 4 marks) or
Q. Explain the three fundamental provisions to which the Information Technology Act, 2000 is made applicable. (Dec 22 - 4 marks)
Q. Discuss the documents or transactions to which the Information Technology Act, 2000 does not apply. (Dec, 20 – 4 Marks) (Dec, 19 – 4 Marks)
Q. Discuss the types and importance of document or transactions mentioned in the first schedule of Information Technology Act, 2000. (Dec 22 – 4 Marks)
Q. Explain ‘Digital Signature’ and ‘Electronic Signature’ under the Information Technology Act, 2000. (Dec, 18 - 4 marks)
Q. Define digital signature and electronic signature certificate. Elucidate the procedure for obtaining the electronic signature certificate. (June, 24 – 5 Marks)
Q. Information Technology Act, 2000 provides legal framework for electronic governance by giving recognition to electronic records and digital signature. Often digital signature is considered as synonym of electronic signature under the Act. Is it correct to consider both as same? Discuss. (Dec 23 - 5 marks)
Q. Discuss the provisions of Sections 14 and 15 of Information Technology Act, 2000, on secure electronic records. (Dec, 20 – 4 Marks)
Q. List any eight (8) acts done without permission of the owner under the Information Technology Act, 2000 that makes a person liable to pay damages by way of compensation. (June 23 – 4 marks)
Q. If any person dishonestly or fraudulently does any act under section 43 of Information Technology Act, 2000 without the permission of the owner or any other person, who is incharge of a computer, computer system network, he shall be punished. What is the punishment for this offence ? In brief, discuss the offences listed in The IT Act relating to computer and computer system network. (June, 19 - 4 marks each)
Q. Elaborate the offences relating to computers and connected matters therein. (June, 21- 4 Marks)
Q. State the penalty provisions for failure to furnish information, return and to maintain records under the Information Technology Act, 2000. (June 23 - 4 marks)
Q. Discuss the liability of Corporate body for data protection under Information Technology Act, 2000. (Dec, 18 - 4 marks each)
Q. What is the liability of network service provider for contravention of Information Technology Act, 2000 ? (Dec, 21 – 4 Marks) (June, 22 – 4 Marks)
Q. Does Section 79 of Information Technology Act, 2000 as originally enacted deal with effect of other laws or not? Answer in light of recent decision by Supreme Court of India in the case of Google India Private Ltd. vs. Vishaka Industries and Ors. (2019). (Dec 23 - 5 marks)
Q. Does Section 79 of Information Technology Act, 2000 as originally enacted deal with effect of other laws or not? Answer in light of recent decision by Supreme Court of India in the case of Google India Private Ltd. vs. Vishaka Industries and Ors. (2019). (Dec 23 - 5 marks)
Q. What is the purpose of the Digital Personal Data Protection Act, 2023. What are the key provisions under Section 3 regarding the applicability and non-applicability of the Act to the processing of digital personal data ?
Q. “An information provider is a person, who provides information to a body corporate and, under these rules, has certain rights over sensitive personal information. Such information cannot be collected without the provider’s consent.” What restrictions do the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011— commonly known as the SPDI Rules—place on body corporates to protect individuals’ privacy ? (June, 25 – 5 Marks)
Q. Consideration is one of the essential elements of a valid contract. The requirement of consideration stems from the policy of extending the arm of the law to the enforcement of mutual promises of parties. A mere promise is not enforceable at law. For example, if A promises to make a gift of ` 500 to B, and subsequently changes his mind, B cannot succeed against A for breach of promise, as B has not given anything in return. It is only when a promise is made for something in return from the promisee, that such promise can be enforced by law against the promisor. This something in return is the consideration for the promise.
Q. Ram employed in Mumbai promised to pay `8,000 per month to his wife Sunita. She was living in Delhi. On receiving information that she has become unfaithful to him, Ram stopped the payment of `8,000 to Sunita. Sunita approaches to file a case against Ram. Advise her with reference to the Indian Contract Act, 1872. (June,19- 4 marks)
Q. In pandemic of Covid 19 a drug company made an offer by advertisement, a reward of `10,000 to anyone suffering from Covid after using their drug in prescribed manner. Mrs. Romila having taken the drug as per prescription could not be cured. She claimed for the money. Will she succeed? (June, 22 – 4 Marks)
Q. The ABZ company offered by an advertisement, a reward of `1,000 to anyone who contacted influenza after using smoke ball in the specified manner. Amita used the smoke ball in the specified manner, but was attacked by influenza. She filed the suit against ABZ company and claimed the reward. Decide whether the suit is maintainable. (Dec, 18- 4 marks)
Q. Avanti, took out motor car insurance from Healthy Trip Insurance Company. A cheque was issued under a contract of insurance of motorcar by the insured for the payment of premium of the policy. However, the cheque was dishonoured for want of funds in the account. Meanwhile the car met with an accident and badly damaged, killing the insured owner. The claim for insured amount was repudiated by the company.
Q. Amit’s son absconded. He sent Suresh, his servant in search of the boy. When Suresh had left, Amit, by hand bills, offered to pay `5,001 to anyone finding his son. Suresh found the son and after coming to know about the offer, claimed the amount. Examine the validity of claim raised by Suresh. (Dec, 20 – 4 Marks)
Q. A advertises in the newspaper that he will pay ` 1,000 to any one who brings to him his lost son. B without knowing of this reward finds A’s lost son and restore him to A. Can B claim for the reward under the provisions of the Indian Contract Act, 1872 ? (Dec,19- 4 marks)
Q. F, for natural love and affection, promises to give her daughter D `1,00,000. But after some time F refuses to fullfil his promise. Advice D what she should do ? (Dec, 21 – 4 Marks)
Q. Distinguish between the following :
Q. A puts M as apprentice to B, and gives a guarantee to B for his fidelity. B promises on his part that he will, at least once a month, see M make up the cash. B omits to see this done as promised and M embezzles. State whether A is liable to B under the Indian Contract Act, 1872? (June, 21 – 3 Marks)
Q. Discuss the concept of ignorantia juris non excusat. (Dec, 16- 5 marks, old Syllabus)
Q. Distinguish between the following :
Q. No consideration, no contract; subject to certain exceptions." Explain briefly. (Dec,15 - 3 marks, Old Syllabus)
Q. What is meant by 'privity of contract' ? Discuss briefly the exceptions to privity of contract. (Dec,15- 5 marks, Old Syllabus)
Q. X and Y are husband and wife, respectively. X, by a registered document, after referring to quarrels and disagreement between himself and his wife Y, promised to pay his wife, a sum of money for her maintenance and separate residence. Whether this document is a contract enforceable by law ? Give reasons with reference to decided case law, if any. (Dec, 15- 5 marks, Old Syllabus)
Q. State the difference in rules of making offer and acceptance when the mode of making the same varies from post to telephone and e-mail as governed by the Information Technology Act, 2000. (Dec, 15- 3 marks, Old Syllabus)
Q. A young boy ran away from his father's home. His father issued a pamphlet offering a reward of `5 lakh to anybody who would bring the boy home. Arun saw the boy at a railway station and sent an e-mail to the boy's father.
Q. A agreed to supply B certain goods to be produced from Indonesia. The goods could not be produced due to riots and civil disturbances in Indonesia. Decide, whether the non-performance of the contract may be excused ? (Dec, 17- 3 marks, Old Syllabus)
Q. A undertook to sell a plot of land to B but before the plot could be developed, war broke out and the land was temporarily requisitioned by the Government. A offered to return earnest money to B in cancellation of the contract. B did not accept and sued A for specific performance. A pleaded discharge by frustration. Decide and provide for your conclusions. (June, 24 – 5 Marks)
Q. Mr. X in consideration that Mr. Y will employ Mr. Z in collecting the rent of Zamindari, promises to Mr. B to be responsible to the amount of ` 10,000 for the due collection and payment by Mr. Z of these rents. Decide, whether it is a contract of guarantee ? Which type of guarantee it is ? When such guarantee may be revoked. (Dec, 17- 5 marks, Old Syllabus)
Q. When a contract becomes void, under the Indian Contract Act, 1872? (Dec, 18- 3 marks, Old Syllabus)
Q. ‘X’, the father of a boy of marriageable age and ‘Y’ the father of a girl, who was to be married to boy, agreed that each of them shall pay a sum of money to the boy who was to take up the new responsibilities of married life. After the demise of both the contracting parties, the boy (husband) sued the executors of his father- in- law upon the agreement between his father-in-law and his father.
Q. What do you mean by the doctrine of ‘Quantum Meruit’ under Indian Contract Act, 1872 ? State the circumstances under which this doctrine may be applied. (Dec, 19- 5 marks, Old Syllabus)
Q. How does a valid contract get discharged by impossibility of performance ? (Jun, 16- 5 marks, Old Syllabus)
Q. Every agreement in which anyone is restrained from exercising a lawful profession, trade or business of any kind is, to that extent, void." Discuss. (Jun, 16- 5 marks, Old Syllabus)
Q. Rakesh entered into a bond with a company to serve for a period of five years. As per the terms of the bond, if Rakesh leaves the job earlier, and joins a competitor within five years, he would be liable to pay damage. After receiving necessary training, Rakesh left the job within the stipulated period and joined a competitor. The former employer filed a suit for damages against him. Is this agreement valid under the Indian Contract Act, 1872 ? Discuss. (June, 25 – 5 Marks)
Q. What is meant by contracts "uberrimae fidei" ? Which contracts are in general may be treated as contracts "uberrimae fidei" ? (Jun, 17- 5 marks, Old Syllabus)
Q. A invites B to stay with him during winter vacation at his residence. B accepts the invitation and informs A accordingly. When B reaches A’s house, he finds it locked and he has to stay in a hotel. Can B claim damages from A ? (Jun, 17- 3 marks, Old Syllabus)
Q. Aman hired a room in a hotel and paid a week's rent in advance. After registering, he went up to occupy the room. Aman found a notice on the wall that "The proprietor will not be responsible for articles lost or stolen, unless handed over to the manager of the hotel for safe custody." Owing to the negligence ofthe hotel staff, a thief gained access to the room and stole some goods of Aman. State whether the proprietor of the hotel is liable for the loss caused to Aman ? State also which tlpe of contract it is? (Jun, 17- 5 marks, Old Syllabus)
Q. “Contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to the contract”. Critically analyze this statement. (Jun, 18- 5 marks, Old Syllabus)
Q. John, who is a known minor, fraudulently overstates his age and takes delivery of a motor car after executing a promissory note in favour of the dealer for its price. He does not knowingly honour his promissory note; that is to say he does not pay the price of the said motor car. What is the remedy available to the motor car dealer in the above situation ? Advise. (Jun, 18- 5 marks, Old Syllabus)
Q. Gamaxo Ltd. offered a reward of `10,000 by advertisement to anyone who infected influenza after using their smoke ball in the specified manner. Mrs. Upma uses smoke ball in the specified manner, but still infected by influenza. She claims the reward. Decide the case with the help of leading decided case laws and related sections of the Indian Contract Act, 1872. (Jun, 18- 5 marks, Old Syllabus)
Q. What are the obligations of finder of lost goods ? Explain briefly with reference to Indian Contract Act, 1872. (Jun, 18- 5 marks, Old Syllabus)
Q. Aamir the owner of a boat, contracts with Bhavesh to take a cargo of jute to Aligarh for sale at that place, starting on a specified day. The boat owing to some unfortunate reasons, could not start at the time appointed, and hence the arrival of the cargo at Aligarh is delayed beyond the specified contracted time. After that date and before the arrival of the cargo, the price of the jute falls. Discuss in detail the remedy available to Bhavesh. (June, 25 – 5 Marks)
Q. Shyam Jewels, one of Mumbai’s biggest jewelry stores, contract with Gold leaf Wholesalers in electronic form. Gold leaf specializes in High-quality Gold and Diamond Jewelry. Under the contract, the gold leaf was supposed to provide jewelry amounting to ` 25 lakh on credit to Shyam Jewels, with payment due in 90 days. To fulfill this financial obligation, X, the friend of owner of Shyam Jewels, signed a personal guarantee and Y, business partner of Shyam Jewels secured the transaction with a lien on his expensive car. Upon receiving the consignment, Shyam Jewels defaulted on its payment obligations within the stipulated period. Despite multiple legal notices, the payment remained due, which entitles the aggrieved party to compensation for loss or damage caused by this act.
Q. Ratan Properties Pvt. Ltd. is developing a residential site in Jodhpur. Aryansh purchases a plot of 5000 square feet. Before the plot could be developed, war breaks out and the residential site is requisitioned by Government of India for war purposes for temporary period. Ratan Properties Pvt. Ltd, claims impossibility to deliver plot to Aryansh. Examine the claim under the Indian Contract Act, 1872. (Dec,23 – 5 Marks)
Q. Malti is the daughter of Harish who has divided all the assets among his two sons Dhruv and Tarun with the condition that some provision must be made for the marriage of Malti. Later the brothers refuse to contribute towards the marriage of Malti on the pretext that there is absence of privity of contract between Malti and the two brothers. Will Malti succeed ? Discuss as per the provisions of Indian Contract Act, 1872. (Dec, 23 – 4 Marks)
Q. Distinguish between the following :
Q. A tendered to supply goods to B up to ₹ 50,000 for a period of one year. B ordered the goods up to ₹ 30,000 only. A wants to sue B for breach of contract as order did not come up to the amount expected. Discuss with reasons whether A can sue B under The Indian Contract Act, 1872.
Q. C agrees to appoint B as his clerk to sell goods at a yearly salary upon A’s becoming surety to C for B for his conduct of duly accounting for money received by him as such clerk. Afterwards, without A’s knowledge or consent, C and B agree that B should be paid commission on the goods to be sold by him and not by a fixed salary. B later misappropriated funds. Discuss the liability of A. (June, 23 – 4 Marks)
Q. Srajan, a minor fraudulently overstates his age and takes delivery of a motor car after executing a promissory note in favour of the trader for its price. Give your suggestion to trader for remedy in this situation. (Dec, 22 -4 Marks)
Q. Distinguish between the following :
Q. Distinguish the following :
Q. Raman borrows ₹ 5,000 from Boman and promises to pay ₹ 10,000, if he fails to pay on a stipulated date. Is on Raman’s failure to repay on stipulated date, Boman is entitled to recover 10,000 from Raman ? Examine the validity of claim of stipulated damages. (June, 22 – 3 Marks)
Q. The Government has notified an order under an appropriate Statue in the month of September, 2022 that no one shall buy or sell a particular explosive chemical except under license obtained by the specified authority. Tarun applied in October 2022 and has obtained a license to buy it and was keenly looking for person who had license to sell it. Brju who has no license to sell, represents to Tarun that he has license to sell and induces Tarun to enter into a contract for the sale of a certain quantity of explosive chemical. On January 12, 2023 Tarun pays Brju ₹ 50,000 as earnest money. After few days Tarun learns through one of friend that Brju has no license to sell. Tarun gives a call to Brju to find the truth, Brju convinces Tarun that he shall obtain the license within reasonable time i.e. before due date of delivery but he failed to obtain it. Can Tarun recover advance payment paid to Brju ? Answer with reasons and legal provisions. (Dec 23 - 5 marks) (New Syllabus)
Q. Arun, a husband enters into a registered agreement with his wife Radha, to pay his earnings to her. Is it a valid contract? Will the answer be different if the husband by a registered document, after referring to quarrels and disagreement between himself and his wife, promises to pay his wife a sum of money for her maintenance and separate residence. (Dec 23 - 5 marks) (New Syllabus)
Q. What do you mean by joint venture or foreign collaboration agreements ? State the factors to be kept in mind while drafting foreign collaboration agreements. (Dec, 24 – 5 Marks)
Q. What are essentials of promissory note? (Dec, 20 – 3 Marks)
Q. Distinguish between the following :
Q. Distinguish between the following :
Q. Distinguish between the following :
Q. Distinguish between the following :
Q. Whether a person who has obtained possession of an instrument by theft, or under a forged endorsement is a holder under the Negotiable Instrument Act, 1881? Discuss.
Q. A bill is endorsed, ‘‘Pay A or order’’. A endorses it in blank, and it comes into the hands of B, who simply delivers it to C, C forges B’s endorsement and transfers it to D. Whether D can claim payment ? Decide while giving reasons for your answer. (June, 24 – 5 Marks)
Q. A draws and B accepts the bill payable to C or order. C endorses the bill to D and D to E, who is ‘holder in due course’. Decide from whom E can recover the amount under the Negotiable Instrument Act, 1881 ? (June,19- 4 marks)
Q. What is Endorsement under the Negotiable Instruments Act, 1881? Name the various types of Endorsements. (Dec, 23 – 3 Marks)
Q. What is crossing of a cheque ? (Dec, 22 – 4 Marks)
Q. Distinguish the following :
Q. Chapter XVII of the Negotiable Instruments Act, 1881, provides for penalties in case of dishonour of certain cheques for insufficiencies of funds in the accounts. Sections 138 to 147 deal with these aspects.
Q. Neeresh draws a cheque of ₹ 50,000 on his own account payable to Gukesh, but he only has ₹ 20,000 in his account. Gukesh presents the same to the bank with in the time allowed. Cheque got bounced due to insufficiency of funds in Neeresh’s account. Discuss the remedy available to Gukesh under the Negotiable Instruments Act, 1881, and what are the requirements which have to be complied with under section 138 of the said Act, before initiating action. (June, 25 – 5 Marks)
Q. What do you understand by National Electronic Funds Transfer (NEFT) ? State the advantage of NEFT. (Dec, 24 – 5 Marks)