HCS Mains Optional Paper 2014: Law Frontier IAS
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HCS Mains Law Optional Paper 2014
Time : 3 Hours M.M.: 150
Note i) Attempt five questions. All questions carry equal marks. Question number 1 is compulsory. Answer any two questions from part I and two questions from part II. The Parts of the same questions must be answered together and must not be interposed between answers to other questions.
ii) In case of any discrepancy in the English and Hindi versions. English version will be taken as final.
Q1. Write critical notes on any four of following with the help of decided cases: (4x7.5=30)
a) Definition and nature of contract of sale under the Sales of Goods Act, 1930
b) The law relating to bouncing of cheques for insufficiency of funds in the accounts
c) Discuss the provision relating to admissibility of secondary evidence under the Indian Evidence Act.
d) Principle of absolute liability under the Law of Torts
e) Discuss the ingredients that lead to the formation of contract under the Indian Contract Act, 1872
f) What is the distinction between 'Commutation' under section 55 of IPC, 1860, and 'Remission' under section 433 of CrPC, 1973?
Part - I
Q2. Article 13 is a protective provision as it gives teeth to the Fundamental Rights and makes them justiciable. lt is a protective provision and an index of the importance & preference that the framers of the constitution made. In the light above statements discuss Article l3 and its importance with the help of case laws. Analysis of this. (30)
Q3. What do you mean by intervention as a lawful recourse to force? Discuss in detail, the various kinds of intervention. Also explain, as to whether the United States-led coalition forces were justified in invading Iraq on the grounds of humanitarian intervention? (30)
Q4. Article l4 forbids class legislation, however, it does not forbid reasonable classification of pennons, objects & transactions by the legislature for the purpose of achieving specific ends. Discuss the concept of "reasonable classification" and substantiate your answer with the help of various case laws. (30)
Part - II
Q5. In the words of Sir Frederick Pollock, there are "the rules of immunity which limit the rules of liability" in the Law of Torts. Discuss these justifications on defenses from civil liability in detail. (30)
Q6. Discuss the provision relating to the "dying declaration" under the Law of Evidence. What happens when there are more than one dying declarations of the same person? Also discuss the legal principles governing a dying declaration as summed up by the Supreme Court in Satbir vs. Govt. of (NCT of Delhi),2010. (30)
Q7. What are the essential ingredients of culpable homicide as per section 299 of the Indian Penal Code? Also, explain the term "whoever causes death" under section 299 of IPC with the help of case laws. (30)