) EXAM2 O 1A

CS (M
Si. No. F-DTN-M-MBXB

LAW

Paper—II

Time Allowed : Three Hours Maximum Marks : 300

INSTRUCTIONS

Each question is printed both in Hindi and in English.

Answers must be written in the medium specified in the
Admission Certificate issued to you, which must be stated
clearly on the cover of the answer-book in the space
provided for the purpose. No marks will be given for the
answers written in a medium other than that specified in
the Admission Certificate.
Candidates should attempt Question Nos. 1 and 5 which
are compulsory, and any three of the remaining questions
selecting at least one question from each Section.
The number of marks carried by each question is indicated
at the end of the question.
Important Note : Whenever a question is being attempted,
all its parts/sub-parts must be attempted contiguously. This
means that before moving on to the next question to be
attempted, candidates must finish attempting all parts/
sub-parts of the previous question attempted. This is to be
strictly followed.
Pages left blank in the answer-book are to be clearly struck
out in ink. Any answers that follow pages left blank may not
be given credit.

ZW ki : Tn Tif -Fgt 1 41.11( TEE sin-tri* fkg. 7 tatif t I

 Section—A

1. Answer the following. (Answer to each part

must not exceed 150 words.) Support your
answer with the help of legal provisions and
decided cases : 12x5=60

(a) "Culpable homicide is the genus and

murder is species, and that all murders
are culpable homicide but not vice
versa." Discuss in the light of legal
provisions and some decided cases.

(b) "The recent Criminal Law (Amendment)

Bill, 2011 seeks to replace 'rape' by the
term 'sexual assault' in the IPC and
intends to make rape a gender-neutral
offence in the country." Examine
whether this is appropriate.

(c) "The expression 'good faith' has a

definite identity in the Indian Penal
Code." Discuss.

(d) The defendant had been carrying cargo

in a lorry for the plaintiff. On the way
there was heavy rainfall. The cargo was
damaged by seepage due to rainwater
rising from below, while it had been
securely protected by the defendant by
tarpaulin from above. The flash flood on
the highway had stranded hundreds of
lorries including that of the defendant,
and the water level on the highway rose
above tyres and up to the level of the
platform which resulted in the seepage.

F-DTN-M-MBXB/ 14 2
 1. -14-I * .irft tr-A71 (srA-* IAA *I ark 150 71.- 1
5iir al) Fa 3E1W-t71 at -5,:icf
3/47113/4f (16ricif Tl 3Ttr4 alit tkm : 12x5=60

() -3-TPRTIti3/4 HI.1 ti• tT atit 4t

f* TPA — awcurtr* HI Iaag1 a1 frjr 1-Req
TRTT @cif!" kk* 3A-4;t4 Tu
-iry-id 3/4743/4 sr*p-r -r.{1*(1
-4R1

(5) "61c-r * a-nAuk*fak (+1 )tt4) kA , 2011

3/4T 3ITYTTI ITTO Tio A 'oclicenik' * P-T7 of
'AfTr3/4 Tgf@T' YID. TUT 3-111 slcilcchlk

-uzni alfrutT w4r 44r ti" 4tion trkg f*

551 zrg Trrjrqd tl

(TT) "i4ice4i4r `NTma'f

i Arrtzr Hirai 4 kch
fdr
iaff fr-c-r4 t 1" -citif *"17R1

(5) ai41* fcet Z3/4 tf11114 cfr 71 MI

u-{4 4 nt atuf wof* thAl-r a3 srrAardl 4
fatgrd aikr s>gt1lal u ci)k AT Okra *-t
fezrr 2r1, 441-,Tio * -11,4 tl d.,(At *
*Rut ftmq Fl e3Wf TRH 2r11 MirTri 1:r(
31-13/4P: all 4 A*-41 k44
4124T, 3R1-
671 3r4F2IT 4 31n1 ec44 tl ilch Rif
211 1 U-
414111 zief- 17 TRIa 3/4 amt 4 •ft-3/4-6 3/4(
414 dm 71 fr& zn, kA4 rer, ftwra prri
tke3/

F-DTN-M-MBXB/ 14 3 [ P.T.O.
 However, the plaintiff claimed heavy
damages from the defendant on the
ground of negligence or want of due
care. Discuss whether the defendant
can have any defence in this case.

(e) "The principle of cres ipsa loquitur' is an

exception to the rule that it is for the
plaintiff to prove negligence of the
defendant." Discuss with reference to
some cases.

2. (a) Explain the essentials of malicious

prosecution. What are the grounds on
which plaintiff can claim damages? 30

(b) Mr. X himself was driving a car and

when he was passing through a railway
level crossing, his car was hit by a mail
train. The car was smashed and Mr. X
was seriously injured, and died in
hospital. In an action by the widow
against the Union of India, as owner of
the Railway, it was contended that the
level crossing was unmanned and the
gates were open. This constituted
negligence on the part of the Railway.
Further it was contended that there was
no contributory negligence on the part
of Mr. X, the deceased, as he could not
have a look at the railway line from a
distance as his view was obstructed by
some trees, etc., nor could he hear the
sound of the coming mail train while he
was in the car with the engine running
and the windscreen closed. Decide the
case giving your reasons. 30

F-DTN-M-MBXB/ 14 4
 1-1)k In, a1dT 4 N111 n ar 4T1-1ct
Traiar ***a* 311 WAIR %It T+71Tt 3F 411
Il3/43/41aaf A-1=‘ f* *Ea lifthzucrl 1ttrX414
ch.li straw tl RT*It araar 4-4
"kcrti smug (ta err fit) 3T fm-4-r P1114
aT4ara t f* srPraiqq- l ACTT fir4 4,44 dT
wr 61crr ti" **TT 6cIR-11
F ‘14 DR 11.11 tri3/4g

tackui alfwirag *1114.111711) X131 PTE

alt 13/44 3TRITn DR WIETth 3/4T 41113/4T 4414-11 t? 30
Pro x +i4 *R -acrtr ttt rr aTlt as 1-- *
-

AaF TraTft tl 314 *Tr ar, aTr- t 3TT 31 t4 A~

a4 4 dEw TfR *-R -1gN14 x 31
'16 3U * 341111 a-WM@ 4 f4tT4- um'
wrfr urka *r fab- fawar
41M TRI3/41 11 14, f:icr SIT f*
4114 -4f r2#t*fF *
atri 31?faiT 3/41 1164 6)clf WTI 4143/4 ann cici) f3/43/4
f* &fmo x1 * *)1
*mu 40 2ft WI* *TR* cikr au* v,r
t1,141 3/4 411&41 V9 n 11A1 R-et
nchr, at 3/47-4It 114 3/4 i•14 1c14
RffS'I-3/413/411 3/4614 * *Rut cm( 4 *a 7
3uat 44 aTrara ,ef -qa eichr 2111
4141 31, a1tf4 *MI WO 4,k1 7,ci Y'cl
*afaR 30

F-DTN-M-MBXB/ 14 5 [ P.T.O.
 3. (a) "It is possible to support an action for
nuisance as well as of negligence on the
same set of facts, however, there are
certain points of distinction between the
two." Discuss. 20

(b) The accused (appellant) was separated

from his wife. She was living with her
father. The accused was keeping their
youngest child with someone else.
During the noon of a day, his wife took
away the child from that someone. The
accused, on hearing this, reached his
father-in-law's place and quarrelled.
Later in the evening of the same day,
the accused and his father-in-law
happened to meet at a marketplace.
They again quarrelled, grappled with
each other. Both fell down. In the heat
of passion thus generated, the accused
stabbed his father-in-law and he died.
Discuss in the light of legal provisions
whether the accused would have any
lawful defence in this case. 20

(c) The plaintiff was insured with the

defendant against loss by theft. The
plaintiff advertised a watch and a ring
for sale and in response, he received a
telephone call from someone who
expressed interest. He called, agreed to
pay the asked price and made payment
by a building society cheque and took
delivery of the items. The cheque was

F-DTN-M-MBXB/ 14 6
 3. () Th2za pm LAft 3/4 *zAarr 3/4
Rv 1f1 f3/44t wrfAJ 3/47 with AnTa t;
cht <-1-A 3/4 fa 13/44 3/4 -3/4ufaylQ f3/4
ti" itiffrr—A71 20

3/4193/4 (a1tfro-12f) 3/4A-41 t;rt iig-3/4 Tgri WT i

*4 RIM TTTW r Ter 2fii aTIA 3174
Ac44 w1Z c=13/4 -Wt AT 3/4 Amkti 7 3/41 kst,
r;iT zufr tr3/41.NA Wil 3R f3/4-At &rr3/4 A
3/474 Arn wft Tazr IAA to 3/4193/4
3/4A4 +-v 3/4 'ET( EIPT affi ciV I E414 A a-Ai 1- .4 ft
FIPT aTr9-th3TfiT a* *t tl)ch A Az
fcht u I <1-il -fta
-PR At a kA tr-cr \sihr ft 'Rill A, 3/4193/4 4
+it( 3A3/41 44(-1 111 few
atr-47A1
- 3/4 smrp-r A itif frr7 3/4Err ,3/4A
3/4193/4 3/4 1TM f fart.74 slaw' 6 I 20

(A) cll , 5C-3/43/4-4 3/4 'TM a1ft 3/4 giu 6i f4 3/4

tAr3/47A-rili4143/4A:gtatRktbaAplftf3/4fr
3/4 f3/4Jrcr4 fgri 'au fairy. ft 3/4-f3-/4-3/4
13/4-At Tl kob 2414;14 mitt WIT N6f4 allTt hfa
obi@ f3/4m, Alt frAd 3m cm4 Ai
tl~{f 311 •a2A A<1 ft frwd kiEh 31'44 TthrfTca doh
361tr37,Tit NClalT$T .rd.ziT lab 3-177
3/47 f-Q2if Trzrri smA A Tr Kt 3/413/41*

F—DTN—M—MBXB/ 14 7 P.T.O.
 dishonoured. For the articles so lost,
a claim was presented to the insurer
under the theft policy. The insurer
refused to pay anything. Explain the
rights, if any, available to the plaintiff
under the circumstances. 20

4. (a) "There may be an element of abetment

in a conspiracy but conspiracy is
something more than an abetment."
Discuss with illustrations. 20

(b) The accused, one of the two joint

owners of a shop, put her lock on the
shop which was let out by another joint
owner without her consent. The tenant
charged the accused with the offence of
wrongful restraint in that he was
prevented by the lock from entering
into the shop. Discuss in the light of
legal provisions whether the accused
has committed the offence of wrongful
restraint. 20

(c) A contractor was given cement for

construction work by the Minor
Irrigation Department of a State
Government under a specific agreement
that he would return unused cement
but instead of doing so, he sold the
cement to outsiders. Mentioning
relevant legal provision, discuss what
offence, if any, is committed by the
contractor. 20

F-DTN-M-MBXB/14 8
 •

a-¤111-11 i a1tfr4 mill-114m femurkch 4N1 4PT

cilAybdi 4 Tugft agT th4,4 1
4,111 AtcPCRAI aim 114 *1 4Aws-t1
3TRIM-R, WE 7I 20

4. (T) "Wi7 4 TaTIM *T *)ffc1 I H*cif %,

tr-qR 7-51-kur Tl wu *-f T-* 1" aCWai 3R7 Tl

aaf 4W4R I 20

(TI) 344s*, is) s-th-R * it Eurr9-4 A A

i*R 1T clic< sie -Rey, 1c,R4 s-th-R l Tr2 Us*
a*
Arr--- 4 zA--thl Tffi:A*1-1( f-th-TR u>;afatrf
VI I f.htiv,ik 4 *fAs-*- W IT-414 ardntT * 3T7itT
*I MIN i II 1, $ki4 f* 1 ,r-th4 ma * aRr
* 4t* srA-F thk4 ilthr Ann factr*
* Actor A -oar f* wzrr afirs* uslET
31-ErotT f-th-Ar 3121M -Iet I 20

01) \TT t*—CR *). (Fref Ht=h1( * fasmr

gRr -ftErivr-thitf * rt,t feRib cbtit

3Ttit4 -FT W<R 3-131 iTff E aimg it,

T1144 Rm 'Pill Af
-*7 *(t * *AIM, .*4
wrAft Ml I. #PIZ stRiflith fart
avo-u 3--A-R cz0 thil a I*
our ai-Eruq, fa al, f rr tI 20

F-DTN-M-MBXB/ 14 9 [ P.T.O.
 Section—B

5. Answer the following. (Answer to each part

must not exceed 150 words.) Support your
answer with legal provisions and decided
cases : 12x5=60

(a) "Undue influence is said to be a subtle

species of fraud whereby mastery is
obtained over the mind of the victim
by insidious approaches and seductive
artifices." Explain.

(b) "Quasi-contract consists of the

contractual obligation which is entered
upon not because the parties have
consented to it, but because law does
not allow a person to have unjustified
benefit at the cost of other party."
Explain the real basis of quasi-contracts
with legal provisions and illustrations.

(c) Explain with illustrations when may a

principal unilaterally cancel an agency
relation without incurring liability for
breach of contract.

(d) Discuss the law regarding dishonour of

cheque for insufficiency, etc., of funds
in the account.

(e) What are the advantages and

disadvantages of Alternative Dispute
Resolution System?

F-DTN-M-MBXB/ 14 10
 tsluS31.

I77 I (51- %MT M-1 4x1k 150

5.1-444,5c1 it( tr
61-ir a1 u) RANT
3/4 aim 3144 3-K- t1 : 12x5=60

() "33-trcEr3/4 sm-ra 3/41 *He. 3/41 kon kk-4 x1171t7 c4 f

'rdr%,fiaiu tftta 3/4 TR ER 3/4-cra-Tuf

-4-4-Aut sm:r
-3/4z4 3/4 am 1
11 f-ffm
'tint t I" WE *tr-
A71

(u) "kiricichif ) a Tt.zrdr

WrfriF *th --d-zr far \sticif

ra tRil 3/4 Ail Tr-eTA *Rut A-
f3/4 3/47-t-4 f3/4711 34- 1 3/4 +tti ur f3/44t i a&
s:rm-lui -TIT -3/41 3T-ITA
3/41 31-- adl t 1" few*
-
34-on-41 3tR Taw +.iRicprithatr -3/4
+c:Pich 34RTR 3/41 ptg *rNRI

(0T) T4-r-atin 3/4 Ern W 3/41-ftq f3/4 cord* ma

-3/4-d-1-4rt
-4F 3/4 atrwur
TriTt.T 3/41 kcbtRitzt toT tI

(Er) -iar 4 -NW1 31-76g-d-r 3i-A 3/4 fc:IR

3t-4-(7 3/4 -R117-v -44 ITT -cif 3/4"rt-
1 A- 1

faarz wimp sratrd1 *r -arli-tr4d

3/4zrr-amt?

F-DTN-M-MBXB/ 14 11 [ P.T.O.
 6. (a) irrational distrust of all standard
form contracts would be as dangerous
as a facile acceptance and enforcement
of these contracts." Discuss. 30

(b) Briefly explain the meaning, scope

and applicability of the doctrine of
frustration under the law of contract. 30

7. (a) Under what circumstances 'breach of

condition' may be treated as 'breach of
warranty' under the Sale of Goods Act?
Discuss. 30

(b) "Public interest litigation is not in the

nature of adversary litigation but it is a
challenge and opportunity to the
Government and its officers to make
basic human rights meaningful to the
deprived and vulnerable sections of
community to assure them social and
economic justice which is the signature
tune of our Constitution." Discuss. 30

8. (a) "During high publicity court cases, the

media are often accused of provoking an
atmosphere of public hysteria akin to a
lynch mob which not only makes a fair
trial nearly impossible but means that
regardless of the result of the trial the
accused will not be able to live the rest
of his life without intense public
scrutiny." How would you reconcile
the "freedom of the press" and the

F-DTN-M-MBXB/ 14 12
 6. () "84 imich Ttfaar3Tl 1 fdda, yia;T 3dt tr
mat ch el ft f• f4a-ir 4fa-
- crail tt H6,4
ft-t- sra-A ilia 1" -cia A-ftR 30

(1!t) TAT rafiT 3Tt.fh fa4,c-fichvir

trftRT dI al *r 4 TcrE
tf--A71 30

7. () et,r tiftrpfazil aTtft, Hirr fawr ai-Rifizrq

'110 Th-f 1-1111
Haar t? reaf tf-
Am 30

(m) "Mla, f6cf ArdllEft klilal

-tt wet t, q231-g kikchit al 411 3t;r- aiftwrftql

atrT 3Taui sKiq
Trglazr 4raff S fc-R Hl ie4
aTRIThiff MAI aiii-arg 0-116, .317 qii? art HMI**
aTrfik -arm amamq wgrft
ki %TR ti" aar *'1171 30

,
8. () ‘3<of 7-
41T s-11+41e14 7E11 kl-1 el 7,
31M-17, dz at 7{ 5104 7d'i 97T
3 Hie 1101014,uf aft3.13-*74arr algltl4Ul far
'liar t, 4 3/4-d. ash faartur al wpm aTunTa
aarZa rt, of Nfrwr Hdc14 Zrg 6)dr
aakur rettirm aft 614 l 14- 4 Ift
31-9-91 71-Ef kidiqr fair
mkrm 1" am art `ark aT

F-DTN-M-MBXB/ 14 13 [ P.T.O.
 "individual's right to privacy and right to
a fair trial"? Do you think that trial by
media amounts to "contempt of court"
and needs to be punished? 20

(b) A television was displayed on a Web site

owned by XYZ Distributors for sale at
a price of r 79.99. Hundreds of
customers ordered the television but the
retailer refused to fill the orders on the
ground that they had been incorrectly
priced by mistake. The correct price was
r 7,999. Explain the liability, if any,
arising out of the above-mentioned
communications. Give reasons. 20

(c) In a contract between A and B, security

deposit was taken by A from B to ensure
due performance of the contract. B
committed default in performance
though no actual loss had arisen.
A forfeited the deposit for fault of B.
B claimed that forfeiture of deposit is
not valid in law. How would you decide?
Give reasons. 20

F-DTN-M-MBXB/ 14 14
 •

• fliciciT air 311t1T7 aT1t 3faa faawrr a r aTfir*-4'

41,0r f*-4 s3411TRIT4 Wilt? Trir mrck faa4
ti4 gio idWiTT '-laicalH4 TT aTT:T17' *T *1ft
411
-
4 3TIM Tcr- rcis 3/4-4 *t aTraFTTai
20

XYZ k-1.,ote. 44cor > 1,ch as 1:117 q

✓ 79.99 1 °1-2:M IR -F4

- .
-Rurtrr Trzni 751 4 mitt
cq -c4-11ret TEE aTitTR W ailth ITT ch1
11 feir 2c-1141,til rrru IL@ 4
Uric( fz T 1T %ft' kigt ATTU r 7,999 *I
3-cre-th 45110 tf tgi al4 =nor T-Rrm, 4R
-4
*rr- 1 *Kul tr-
A-qi 20

(TO A B FAT 4, Fir-44T * (.11-qct 1TT-

07
q-C7-4ff * I i A 4 B 11 Aid*
2.11 I B 4 trr-
d4 to, znCTRI ml cIR-circlet
61F-T-IbillA B .41 ti,a, -1Z-R k6r
+1111-16101 fORTT B 4 <NI --za -FT 74r •wr
“4446kur feu A Au -Ief 1 344 1-+-4 9-+-R
R,44T-111? go(ur srw 1f 1 20

***

F-DTN-M-MBXB/ 14 15 JS3-1000
 F—DTN—M—MBXB

*14
3174-1TW-11

TITRI Eit4 TFIT : 300

3
lird* SIR a4t3fM 414 4 m77 ft i

vR7 ant dtff Tutzm # 1 7s1 arreq, ftfrwr 3-

42g 347V 5077-ra
fi-47 7747 t, “77 TiTtzfrf FIF 3-aN 3r-g??1W pt-gg 17-(
aiPa ?WE F2117 Vt a-47 4i.fr arfev 37477-r a Vt rtrurg
37 f7f~di
c al j f -, 7 dv< rrt
>i 1 1 fical

3P th9eif 1 atk 5 Sof gi 4141744 4 4 37* sus 4 m-4-4-w7

kw 37R 1-4-7 We
- 3774 t 3c-ft a

rr-)w37.R* (.044- ffaiw37Raiff4fq7gi

qeff4 W an-aziwtlw 3# *fit TRwaffri7fr ff4-

TA AR ?Pit 9uffipi7-1.77777 * ant F721-21791 TAW 312f zi7 t
3i70 37R wr drg )754 fad 3mi ctq4 t1Te 14-
04 37F * trsff
liF17/37-31F11* 3WT WWI et WO Fr 40 *7 Th-Wi 4 37177 ‘trWq/

dr/<-yeff 4zirt **Fri mi. Fie Ft7 4 ode erwv uT- t

gtr pi* n Ivanti * ,3iT 17. 4itt, eRT what gi

Note : English version of the Instructions is printed

on the front cover of this question paper.