Question 1

In all robbery, there is either theft or extortion. Explain.

Accepted Answer

1. Core Legal Answer & Context: Robbery, as defined under the Indian Penal Code (IPC), is an aggravated form of either theft or extortion. It is not a standalone offense in the sense that it must necessarily incorporate the elements of one of these two primary offenses, along with additional aggravating circumstances. The essence of robbery lies in the use or threat of immediate violence to facilitate the commission of theft or extortion. This means that if the core act does not qualify as either theft or extortion, it cannot be classified as robbery, regardless of the violence involved. The law recognizes that when violence or the threat of violence is employed to achieve the objective of taking property, the crime becomes more heinous and warrants a higher degree of punishment, hence the creation of the offense of robbery. 2. Relevant Statutes and Sections: - Indian Penal Code, 1860 (IPC): - Section 390 (Robbery): This section explicitly states the conditions under which theft or extortion becomes robbery: - Theft is Robbery: If, in order to commit theft, or in committing theft, or in carrying away or attempting to carry away property obtained by theft, the offender voluntarily causes or attempts to cause to any person death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint. - Extortion is Robbery: If the offender, at the time of committing extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or instant wrongful restraint, and thereby induces the person so put in fear then and there to deliver up the thing extorted. - Section 378 (Theft): Defines theft as dishonestly taking any movable property out of the possession of any person without that person's consent. - Section 383 (Extortion): Defines extortion as intentionally putting any person in fear of any injury to that person or to any other, and thereby dishonestly inducin

Question 2

The object of the Protection of Civil Rights Act, 1955 is to abolish untouchability." Discuss.

Accepted Answer

1. Core Legal Answer & Context: The Protection of Civil Rights Act, 1955 (PCRA), formerly known as the Untouchability (Offences) Act, 1955, was enacted with the explicit and primary objective of abolishing 'untouchability' and enforcing the fundamental right enshrined in Article 17 of the Constitution of India. Untouchability, a deeply entrenched social evil, historically subjected certain communities to severe discrimination, degradation, and denial of basic human rights and dignity. The PCRA aims to eradicate this practice by making its observance in any form a punishable offense. It seeks to provide legal teeth to the constitutional mandate, ensuring that those who practice or preach untouchability face legal consequences, thereby promoting social equality and justice. 2. Relevant Statutes and Sections: - Constitution of India: - Article 17: "Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law. This article is the foundational constitutional provision that the PCRA seeks to implement. - Protection of Civil Rights Act, 1955 (PCRA): - Preamble: States its objective as "to prescribe punishment for the preaching and practice of 'Untouchability' and for any matter connected therewith." - Section 3: Punishes preventing a person from entering a place of public worship or from worshipping therein. - Section 4: Punishes enforcing any disability on grounds of untouchability, such as denial of access to shops, public restaurants, hotels, public entertainment, use of wells, tanks, roads, public conveyances, etc. - Section 5: Punishes refusing admission to hospitals or educational institutions. - Section 6: Punishes refusing to sell goods or render services. - Section 7: Punishes other offenses arising out of "untouchability," including compelling a person to do any scavenging or sweeping or to remove any carcass or to flay any animal or

Question 3

Law of torts is said to be a development of the maxim 'Ubi jus ibi remedium'." Discuss the statement.

Accepted Answer

1. Core Legal Answer & Context: The maxim 'Ubi jus ibi remedium' is a fundamental principle of law, particularly central to the development and philosophy of the law of torts. It translates to "where there is a right, there is a remedy." This statement encapsulates the idea that if a person has a legally recognized right, and that right is infringed, the law must provide a means for redress or compensation. The law of torts, which deals with civil wrongs that cause harm or injury to another person, has largely evolved around this maxim. Unlike contract law (where remedies are for breach of agreement) or criminal law (where the state punishes offenses), tort law focuses on providing a remedy to the injured party for the violation of their common law rights, such as the right to bodily integrity, reputation, property, or freedom from nuisance. The maxim ensures that no wrong goes unredressed, fostering justice and accountability for civil wrongs. 2. Relevant Statutes and Sections: - The maxim 'Ubi jus ibi remedium' is a common law principle and is not codified in a specific statute in India. However, its spirit permeates various legal provisions and judicial pronouncements. - Code of Civil Procedure, 1908 (CPC): While not directly codifying the maxim, the CPC provides the procedural framework for seeking remedies in civil courts for various wrongs, including torts, thereby giving practical effect to the maxim. - Specific Relief Act, 1963: This Act deals with specific forms of remedies like injunctions, specific performance, and declaratory decrees, which are often sought in cases where rights are infringed, aligning with the spirit of providing a remedy. 3. Important Landmark Cases: - Ashby v. White (1703): This is the seminal English case that firmly established the maxim 'Ubi jus ibi remedium'. The plaintiff was wrongfully prevented from voting, even though his preferred candidate won. The court held that a legal right (the right to vote) had been infringed, and the

Question 4

Explain 'necessity' as a defence for the liability of tort and also mention the classes of necessity.

Accepted Answer

1. Core Legal Answer & Context: 'Necessity' is a common law defense in tort law that allows a defendant to escape liability for an act that would otherwise be tortious, on the grounds that the act was necessary to prevent a greater harm. The defense is based on the principle that the law permits an individual to infringe upon the rights of another if such infringement is essential to avert a more significant danger, either to themselves, others, or property. The act must be reasonable, proportionate to the threat, and the harm prevented must be greater than the harm caused. It is an exception to the general rule that one is liable for their wrongful acts, acknowledging that in certain exigent circumstances, a lesser evil may be chosen to prevent a greater one. However, the defense is not absolute and is subject to strict scrutiny regarding the imminence of the danger and the reasonableness of the defendant's actions. 2. Relevant Statutes and Sections: - Necessity is primarily a common law defense and is not codified in specific statutes in India. However, its principles are recognized and applied by courts. - Analogous principles can be found in criminal law under the 'General Exceptions' of the Indian Penal Code, such as: - Section 81 (Act likely to cause harm, but done without criminal intent, and to prevent other harm): While this is a criminal law provision, it embodies the same underlying principle of choosing a lesser evil to prevent a greater one, which is central to the defense of necessity in torts. 3. Important Landmark Cases: - Cope v. Sharpe (No. 2) (1912): This English case is a classic example of private necessity. A gamekeeper set fire to heather on a moor to create a firebreak to prevent a larger fire from spreading to his master's property. The court held that his actions were justified by necessity, as they were reasonably necessary to protect property from imminent danger, and the harm caused (burning heather) was less than the harm prevented (des

Question 5

Discuss the different forms to outrage the modesty of a woman which have been made punishable in the Indian Penal Code through the Criminal Law (Amendment) Act, 2013.

Accepted Answer

1. Core Legal Answer & Context: The Criminal Law (Amendment) Act, 2013, enacted in the aftermath of the horrific Nirbhaya gang-rape case, brought about significant and far-reaching changes to the Indian Penal Code (IPC) concerning offenses against women. A primary focus of this amendment was to broaden the scope of acts that constitute 'outraging the modesty of a woman' and to introduce new offenses to address emerging forms of gender-based violence and harassment. Prior to 2013, Section 354 IPC broadly covered assault or criminal force with intent to outrage modesty. The amendment recognized that modesty could be outraged through various non-physical means and that new forms of harassment, such as stalking and voyeurism, required specific criminalization. The Act aimed to provide more robust legal protection to women, deter offenders, and ensure that a wider range of acts that violate a woman's dignity and privacy are adequately punished. 2. Relevant Statutes and Sections: - Indian Penal Code, 1860 (IPC), as amended by the Criminal Law (Amendment) Act, 2013: - Section 354 (Assault or criminal force to woman with intent to outrage her modesty): This section was retained but its scope was implicitly broadened by the introduction of new specific offenses. The punishment was also enhanced. - Section 354A (Sexual harassment and punishment for sexual harassment): This new section criminalizes various forms of sexual harassment, including physical contact and advances involving unwelcome and explicit sexual overtures, a demand or request for sexual favours, showing pornography against the will of a woman, or making sexually coloured remarks. - Section 354B (Assault or use of criminal force to woman with intent to disrobe): This new section specifically targets acts where a man assaults or uses criminal force to any woman or abets such act with the intention of disrobing her or compelling her to be naked. - Section 354C (Voyeurism): This new section criminalizes the act of

Question 6

Law recognizes that 'mistake' must be in good faith." In this backdrop, explain the defence of 'mistake' contained under General Exceptions of the Penal Code.

Accepted Answer

1. Core Legal Answer & Context: The defense of 'mistake' under the Indian Penal Code (IPC) is a crucial general exception that negates criminal liability. It operates on the principle that an act done under a bona fide mistake of fact, which the actor honestly believes to be true, should not be punished as a crime. The law recognizes that for a criminal act, there must generally be both 'actus reus' (guilty act) and 'mens rea' (guilty mind). A genuine mistake of fact, made in good faith, can negate the 'mens rea' required for an offense. It is imperative that the mistake is one of fact, not of law, as ignorance of the law is generally not an excuse ('ignorantia juris non excusat'). Furthermore, the mistake must be reasonable and made with due care and caution, reflecting the 'good faith' requirement. Good faith implies an honest intention, even if there is some negligence, but it must not be a mere pretense or a cover for a malicious act. 2. Relevant Statutes and Sections: - Indian Penal Code, 1860 (IPC): - Section 76: "Act done by a person bound, or by mistake of fact believing himself bound, by law." This section protects a person who, by reason of a mistake of fact and not by reason of a mistake of law, in good faith believes himself to be bound by law to do a certain act. - Section 79: "Act done by a person justified, or by mistake of fact believing himself justified, by law." This section protects a person who, by reason of a mistake of fact and not by reason of a mistake of law, in good faith believes himself to be justified by law in doing a certain act. - Section 52: Defines 'Good Faith' as "Nothing is said to be done or believed in 'good faith' which is done or believed without due care and attention." 3. Important Landmark Cases: - State of Orissa v. Bhagaban Barik (1987): This case illustrates the application of Section 76. A police officer, acting under a mistaken belief that he was bound by law to arrest a person, was acquitted because his mistake was o

Question 7

Section 34 is incorporated in the Indian Penal Code to deal with the cases where it is very difficult to distinguish precisely the part taken by each individual in criminal act." While examining the rationality of this Section, support the answer with the help of decided cases.

Accepted Answer

1. Core Legal Answer & Context: Section 34 of the Indian Penal Code (IPC) embodies the principle of 'common intention' and is a crucial provision for dealing with cases of joint liability in criminal acts. It states that "When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone." The rationality behind this section is precisely as stated: to address situations where multiple individuals participate in a criminal act with a shared objective, making it difficult, if not impossible, to precisely ascertain the specific role or contribution of each individual to the final outcome. Without such a provision, many perpetrators of collective crimes could escape justice by simply denying their direct involvement in the fatal or injurious act, even if they were part of the common design. Section 34 ensures that all participants in a pre-arranged plan, who act in furtherance of a common intention, are held equally responsible, thereby preventing a breakdown of justice in complex criminal conspiracies and group offenses. 2. Relevant Statutes and Sections: - Indian Penal Code, 1860 (IPC): - Section 34: "Acts done by several persons in furtherance of common intention." This is the sole relevant section for this question. 3. Important Landmark Cases: - Barendra Kumar Ghosh v. King Emperor (1925) (Privy Council): This is the locus classicus for Section 34. The accused, Barendra Kumar Ghosh, was part of a group that attempted to rob a post office. While his accomplices fired shots, killing the postmaster, Ghosh merely stood guard outside. The Privy Council upheld his conviction under Section 302 read with Section 34, famously stating, "They also serve who stand and wait." This case established that active participation, even if not directly causing the death, is sufficient if it is in furtherance of a common intention. It underscored the rationality that

Question 8

Mention the defences of tort of defamation and also discuss whether exceptions given under the Indian Penal Code, 1860 for the offence of defamation may be claimed as additional grounds by the defendant.

Accepted Answer

1. Core Legal Answer & Context: Defamation, in tort law, is the publication of a false and defamatory statement concerning another person without lawful justification, which tends to lower their reputation in the estimation of right-thinking members of society. The primary defences available to a defendant in a civil suit for defamation are: Justification (Truth): This is the most complete defence. If the defendant can prove that the defamatory statement is substantially true, the action for defamation will fail. The law presumes that a person's reputation is not harmed by the publication of true statements, however damaging they may be. Fair Comment: This defence applies to statements of opinion on matters of public interest. For this defence to succeed, the comment must: Be a comment, not a statement of fact. Be on a matter of public interest. Be based on true facts. Be an honest expression of opinion (not malicious). Be one that a fair-minded person could honestly hold. Privilege: This defence protects statements made on certain occasions, recognizing that in some contexts, the public interest in free speech outweighs the individual's right to reputation. Absolute Privilege: Provides complete immunity from defamation suits, regardless of malice. It applies to statements made in parliamentary proceedings, judicial proceedings, and official communications between high officers of state. Qualified Privilege: Protects statements made without malice on occasions where the person making the statement has a legal, moral, or social duty to make it, and the person to whom it is made has a corresponding interest in receiving it (e.g., character references, reports of public meetings, statements made in self-defence). This defence is defeated if malice (improper motive) is proven. Consent: If the plaintiff consented to the publication of the defamatory statement, they cannot later sue for defamation. Apology/Offer of Amends: While not a complete defence, a prompt and full a

Question 9

"Consumer Protection Councils also play a very important role in consumer protection." Examine the statement and elaborate the objects, composition and functions of the Central, State and District Consumer Protection Councils.

Accepted Answer

1. Core Legal Answer & Context: The statement that Consumer Protection Councils play a very important role in consumer protection is accurate. These councils, established at the Central, State, and District levels under the Consumer Protection Act, 2019, are crucial advisory bodies. Unlike the adjudicatory commissions (District, State, National Commissions), the Councils do not handle individual consumer complaints directly. Instead, their role is broader and more proactive: to promote and protect the rights of consumers through policy advocacy, awareness, and education. Objects of the Councils: The primary object of these Councils is to promote and protect the rights of consumers. These rights, as enshrined in the Consumer Protection Act, include: The right to be protected against the marketing of goods and services which are hazardous to life and property. The right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services. The right to be assured, wherever possible, access to a variety of goods and services at competitive prices. The right to be heard and to be assured that consumer's interests will receive due consideration at appropriate fora. The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers. The right to consumer education. Composition: Central Consumer Protection Council (CCPC): Chaired by the Union Minister in charge of Consumer Affairs. It comprises various official and non-official members representing diverse interests, including consumer organizations, women, farmers, traders, industry, and government departments, ensuring a broad perspective on consumer issues. State Consumer Protection Council (SCPC): Chaired by the Minister in charge of Consumer Affairs in the State Government. Its composition mirrors that of the CCPC at the state level, including official and non-official members from various sectors within the state. Distric

Question 10

"In order to constitute criminal attempt, the act caused must be proximate to the intended result." Explain the observation with the help of decided case law.

Accepted Answer

1. Core Legal Answer & Context: The observation that "in order to constitute criminal attempt, the act caused must be proximate to the intended result" is a fundamental principle in criminal law. An 'attempt' is an inchoate (incomplete) crime, meaning it is a step towards the commission of another crime. It involves two essential elements: (1) an intention to commit a particular crime, and (2) an overt act towards its commission. The 'proximity test' is crucial for distinguishing a mere 'preparation' (which is generally not punishable) from an 'attempt' (which is punishable). Criminal acts typically pass through four stages: 1. Intention: The mental resolve to commit a crime. 2. Preparation: Arranging the means or measures necessary for the commission of the crime. 3. Attempt: The direct movement towards the commission of the crime after preparations are made. 4. Commission: The successful completion of the crime. The law generally punishes only the stage of 'attempt' and 'commission'. The proximity test helps determine when an act has crossed the line from preparation to attempt. The act must be sufficiently close to the completion of the intended crime; it must be an act that is 'immediately connected with the commission of the offence' and not merely preparatory. It should be an act that, if not interrupted by external factors, would naturally lead to the commission of the offence. Various tests have been proposed to determine proximity: Locus Poenitentiae (Place of Repentance): If the accused has done all that is necessary on their part to commit the crime, and only an external factor prevents completion, it's an attempt. If they can still change their mind without external intervention, it's preparation. Last Proximate Act: This test suggests that the act must be the last act required from the accused's side to complete the crime. This is often considered too narrow. Unequivocality Test: The act must unequivocally point to the commission of the intended crime.

Question 11

Explaining the concept of 'no liability', mention the Indian Acts in which this concept has been incorporated.

Accepted Answer

1. Core Legal Answer & Context: The concept of 'no liability' refers to legal provisions or principles that exempt an individual or entity from legal responsibility for an act or omission that would otherwise attract liability. This exemption can arise from various sources, including statutory immunities, common law defences, or specific policy considerations. In the context of 'Indian Acts', 'no liability' primarily refers to statutory provisions that grant immunity or limit liability for certain actions, often performed by public servants or authorities in good faith while discharging their official duties. This concept is crucial for enabling public functionaries to perform their duties without constant fear of litigation, thereby protecting public interest. However, it is often balanced with provisions for accountability, especially in cases of mala fide actions or gross negligence. Key aspects of 'no liability' in Indian Acts: Statutory Immunity for Good Faith Actions: Many Indian statutes include clauses stating that no suit, prosecution, or other legal proceeding shall lie against the government or any officer/employee for anything which is done or intended to be done in good faith under the Act or any rule/order made thereunder. This protects honest mistakes or actions taken in the public interest. Sovereign Immunity (Historical Context): Historically, the concept of sovereign immunity (the State cannot be sued without its consent for acts done in its sovereign capacity) provided a broad 'no liability' shield. While its scope has been significantly curtailed by Indian courts, especially for tortious acts of state servants, its remnants still influence certain areas of law. Specific Immunities: Certain acts grant specific immunities to particular classes of individuals or entities due to the sensitive nature of their work. 2. Relevant Statutes and Sections (incorporating 'no liability' or limited liability): Judicial Officers Protection Act, 1850: This Act pr

Question 12

"There is a very thin but fine and subtle distinction between culpable homicide and murder. The difference lies merely in the different degrees of probability of death ensuing." Discuss the statement and refer to decided cases.

Accepted Answer

1. Core Legal Answer & Context: The statement accurately captures the essence of the distinction between culpable homicide and murder under the Indian Penal Code (IPC), 1860. Both involve the unlawful causing of death, but murder is a graver form of culpable homicide. The key differentiator lies in the degree of intention or knowledge with which the act causing death is committed, which directly correlates to the 'degree of probability of death ensuing'. All murders are culpable homicides, but not all culpable homicides are murders. Culpable Homicide (Section 299 IPC): Defined as causing death by doing an act with: (a) the intention of causing death, or (b) the intention of causing such bodily injury as is likely to cause death, or (c) the knowledge that the act is likely to cause death. The term 'likely' here implies a probability, but not a certainty or a high degree of certainty. Murder (Section 300 IPC): This section elevates certain forms of culpable homicide to murder when the intention or knowledge is of a higher degree. An act causing death is murder if done with: (1) the intention of causing death, or (2) the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or (3) the intention of causing bodily injury sufficient in the ordinary course of nature to cause death, or (4) the knowledge that the act is so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death, and without any excuse for incurring the risk. The distinction hinges on the intensity of the mens rea. For instance, 'likely to cause death' (S.299) is a lower threshold than 'sufficient in the ordinary course of nature to cause death' (S.300, Clause 3) or 'must in all probability cause death' (S.300, Clause 4). The latter phrases denote a much higher degree of certainty or probability of death. Section 300 also provides five exceptions where an act that would

Question 13

When is principal not liable for the torts committed by his servant? Discuss.

Accepted Answer

1. Core Legal Answer & Context: Under the doctrine of vicarious liability, a principal (master) is generally held liable for the torts committed by their servant (employee) if those torts are committed 'in the course of employment'. This principle, known as respondeat superior, holds the master responsible even if they were not personally at fault. However, this liability is not absolute, and there are specific circumstances when a principal will not be held liable for the torts of their servant. Not a Servant: The principal is generally not liable if the person committing the tort is an independent contractor, not a servant. An independent contractor works under a contract for services, while a servant works under a contract of service, with the principal having control over the manner of work. Exceptions exist if the duty is non-delegable or the principal authorized the tort. Act Outside the Course of Employment: This is the most significant exception. A principal is not liable if the servant commits a tort while acting outside the scope or course of their employment. This includes: Frolic and Detour: If the servant deviates significantly from their assigned duties for their own personal reasons (a 'frolic'), the principal is not liable. A minor deviation (a 'detour') might still fall within the scope, but a complete abandonment of duty for personal ends absolves the principal. Express Prohibition: If the principal expressly prohibited the act, liability may still attach if the act was done for the principal's benefit or within the general scope of employment. However, if the prohibition fundamentally alters the nature of the act, taking it entirely outside the scope of employment, the principal may not be liable. Independent Malice or Personal Vengeance: If the servant commits a tort purely out of personal malice, spite, or vengeance, unrelated to their duties or the principal's business, the principal is generally not liable. Criminal Acts: While a principal can

Question 14

When, under the law of torts even using reasonable care, is a person liable for the tort of negligence? Discuss.

Accepted Answer

1. Core Legal Answer & Context: While the tort of negligence typically requires a breach of a duty of care due to a failure to exercise reasonable care, there are specific circumstances where liability can arise even if reasonable care has been exercised. These situations generally fall under the umbrella of strict liability, absolute liability, or vicarious liability, and sometimes specific statutory provisions. The underlying principle in such cases shifts from fault-based liability to a policy of risk distribution, victim compensation, or holding parties responsible for inherently dangerous activities or the actions of those under their control. Strict Liability (Rule in Rylands v. Fletcher): A person who, for their own purposes, brings on their land and collects and keeps there anything likely to do mischief if it escapes, must keep it at their peril, and is prima facie answerable for all damage which is the natural consequence of its escape. This liability is imposed irrespective of any fault or negligence on the part of the defendant, provided the use of land is non-natural and the thing is dangerous. Absolute Liability: Developed in India, this is an even stricter form of liability. If an enterprise is engaged in a hazardous or inherently dangerous activity and harm results from an accident in the operation of such activity, the enterprise is absolutely and non-delegably liable to compensate all those who are affected by the accident. Unlike strict liability, no exceptions (like 'act of God' or 'escape') are available. Vicarious Liability: A person can be held liable for the tortious acts of another, even if they themselves exercised reasonable care. The most common example is the master-servant relationship, where an employer is liable for the torts committed by their employee in the course of employment. The employer's own reasonable care in hiring or supervising does not negate this liability. Statutory Liability: Certain statutes impose liability regardle

Question 15

5. (b) "Public policy is like an 'unruly horse' which cannot be controlled easily." Explain the statement and mention the agreements which are against public policy.

Accepted Answer

1. Core Legal Answer & Context: The statement "Public policy is like an 'unruly horse' which cannot be controlled easily" is a famous dictum by Justice Burrough in Richardson v. Mellish (1824). It highlights the inherent difficulty in defining and applying the concept of 'public policy' in law. Public policy refers to the principles and standards that are considered to be fundamental to the well-being of society. Agreements that are deemed to be against public policy are considered void because they are injurious to the public good or contravene established governmental policy. The 'unruly horse' metaphor suggests that public policy is a vague, subjective, and ever-evolving concept. Judges, when invoking public policy, must be cautious not to impose their personal moral views, as this could lead to arbitrary decisions and uncertainty in the law. The scope of public policy is not static; it changes with societal norms, economic conditions, and legislative intent, making it challenging to confine within rigid boundaries. Agreements which are against public policy are considered void under contract law. Some common categories of such agreements include: Agreements in Restraint of Trade (Section 27): Contracts that unduly restrict a person from carrying on a lawful profession, trade, or business are generally void. Reasonable restraints, such as those in partnership agreements or sale of goodwill, may be valid. Agreements in Restraint of Marriage (Section 26): Agreements that prevent a person from marrying or marrying a particular person are void, as they are against the freedom of marriage. Agreements in Restraint of Legal Proceedings (Section 28): Contracts that restrict a party from enforcing their rights through ordinary legal proceedings or that limit the time within which they can do so are void. Exceptions exist for arbitration agreements. Agreements for Stifling Prosecution: Agreements made to drop a criminal prosecution in exchange for a consideration are void,

Question 16

6. (a) Discuss the constitution, jurisdiction, powers and authority of National Green Tribunal. How far has it been successful in achieving its objectives? Explain with the help of recent cases.

Accepted Answer

1. Core Legal Answer & Context: The National Green Tribunal (NGT) was established in India under the National Green Tribunal Act, 2010, as a specialized judicial body for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. Its creation was a significant step towards environmental justice, fulfilling India's commitment to environmental protection under Article 21 of the Constitution (right to a healthy environment). Constitution: The NGT consists of a Chairperson, Judicial Members, and Expert Members. The Chairperson is a retired Judge of the Supreme Court or a Chief Justice of a High Court. Judicial Members are retired High Court Judges, and Expert Members are individuals with a minimum of 15 years of experience in environmental protection, policy, or science. This composition ensures a blend of legal expertise and scientific knowledge. The Principal Bench of the NGT is located in New Delhi, with zonal benches established in Bhopal, Pune, Kolkata, and Chennai to ensure wider accessibility. Jurisdiction: The NGT has original jurisdiction over all civil cases where a substantial question relating to the environment (including enforcement of any legal right relating to the environment) arises. This includes cases involving specific environmental laws listed in Schedule I of the Act: 1. The Water (Prevention and Control of Pollution) Act, 1974 2. The Water (Prevention and Control of Pollution) Cess Act, 1977 3. The Forest (Conservation) Act, 1980 4. The Air (Prevention and Control of Pollution) Act, 1981 5. The Environment (Protection) Act, 1986 6. The Public Liability Insurance Act, 1991 7. The Biological Diversity Act, 2002 It also has appellate jurisdiction to hear appeals against orders/decisions of various environmental authorities. Powers and Authority: Adjudicatory Powers: The NGT can pass orders, awards, and directions for environmental protection, including restraining activit

Question 17

6. (b) "Revocation of proposal is death of the proposal." Explain the statement and mention the manners of revocation.

Accepted Answer

1. Core Legal Answer & Context: The statement "Revocation of proposal is death of the proposal" succinctly captures a fundamental principle of contract law: an offer (or proposal) does not create a legal obligation until it is accepted. Before acceptance, the proposer (offeror) has the right to withdraw or revoke their proposal. Once a proposal is effectively revoked, it ceases to exist, meaning it can no longer be accepted by the offeree to form a binding contract. In essence, the potential for a contract, which existed while the proposal was open, is extinguished, hence its 'death'. This principle ensures that parties are not indefinitely bound by their offers and can change their minds before a mutual agreement is reached. Manners of Revocation (Section 6, Indian Contract Act, 1872): The Indian Contract Act, 1872, specifies several ways in which a proposal can be revoked: By the Communication of Notice of Revocation (Section 6(1)): The most direct way to revoke a proposal is for the proposer to communicate their intention to withdraw the offer to the offeree. The revocation is complete as against the proposer when it is put into a course of transmission to the offeree, so as to be out of the power of the proposer. It is complete as against the offeree when it comes to their knowledge (Section 4). This means the offeree must actually be aware of the revocation for it to be effective against them. By Lapse of Time (Section 6(2)): If a time limit is prescribed in the proposal for its acceptance, and that time expires without the proposal being accepted, the proposal is automatically revoked. If no time limit is prescribed, the proposal is revoked by the lapse of a 'reasonable time' without communication of acceptance. What constitutes a 'reasonable time' depends on the nature of the contract, the subject matter, and the circumstances of the case. By Failure of the Acceptor to Fulfill a Condition Precedent (Section 6(3)): If the proposal specifies a condition that mu

Question 18

5. (a) "Minority can only be claimed as a shield but not as a sword." Explain the statement and mention the situations when a minor is liable under the law of contract.

Accepted Answer

1. Core Legal Answer & Context: The statement "Minority can only be claimed as a shield but not as a sword" encapsulates a fundamental principle of contract law concerning minors: the law protects minors from contractual liability, but they cannot use their minority to defraud others or enforce contracts that are not to their benefit while simultaneously disclaiming their own obligations. An agreement with a minor is generally void ab initio, meaning it is void from the very beginning and has no legal effect. This doctrine, established to safeguard minors from exploitation due to their presumed lack of maturity and judgment, prevents them from being bound by contracts. The 'shield' aspect means a minor can always plead minority to escape liability under a contract. The 'sword' aspect implies that a minor cannot use their minority to actively gain an advantage or enforce a contract against an adult while simultaneously repudiating their own part of the agreement. For instance, a minor cannot misrepresent their age to obtain a loan and then use minority as a defense to avoid repayment, while still keeping the money. However, there are specific situations where a minor can be held liable or where contracts involving minors are enforceable: Contracts for Necessaries (Section 68, Indian Contract Act, 1872): If a person supplies necessaries suited to the minor's condition in life, the minor's estate is liable to reimburse the supplier. 'Necessaries' include not just basic needs but also things essential for the minor's reasonable comfort and social standing. The minor himself is not personally liable, but his property can be attached. Contracts by Guardian for Minor's Benefit: A contract entered into by a minor's guardian on behalf of the minor, for the minor's benefit, and within the guardian's authority, can be enforced by or against the minor, provided it is for the minor's welfare and within the guardian's powers. Minor as Beneficiary/Promisee: A minor can be a benefi

Question 19

5. (c) "Right to stoppage of goods in transit starts when right to lien ends." Discuss.

Accepted Answer

1. Core Legal Answer & Context: This statement accurately describes the sequential nature and relationship between two crucial rights of an unpaid seller under the Sale of Goods Act: the right of lien and the right of stoppage in transit. Both rights are remedies available to an unpaid seller to secure payment for goods sold, but they operate at different stages of the goods' journey. Seller's Lien (Sections 47-49, Sale of Goods Act, 1930): The right of lien allows an unpaid seller to retain possession of the goods until the full price is paid. This right is available when the seller is in possession of the goods. The seller can exercise this right if the goods have been sold without any stipulation as to credit, or if they have been sold on credit but the term of credit has expired, or if the buyer becomes insolvent. The lien is a possessory right; once the seller parts with possession, the lien is generally lost. Right of Stoppage in Transit (Sections 50-52, Sale of Goods Act, 1930): This right arises when the seller has already parted with possession of the goods, and they are in the course of transit to the buyer, but the buyer has become insolvent. In such a scenario, the unpaid seller can resume possession of the goods, as long as they are still with a carrier or other bailee for the purpose of transmission to the buyer, and retain them until payment or tender of the price. The right of stoppage in transit is essentially an extension of the right of lien, allowing the seller to regain a possessory right over the goods even after dispatch. The Relationship: The critical point is that the right of stoppage in transit commences precisely when the right of lien ends. When an unpaid seller delivers the goods to a carrier for transmission to the buyer, the seller's physical possession ceases, and consequently, the right of lien is lost (Section 49(1)(a)). At this very moment, if the buyer becomes insolvent, the right of stoppage in transit becomes available to the s

Question 20

5. (d) Discuss the various defences which can be pleaded by the defendant in an action for infringement of copyright under the Copyright Act, 1957.

Accepted Answer

1. Core Legal Answer & Context: In an action for infringement of copyright under the Copyright Act, 1957, a defendant can raise several defenses to challenge the plaintiff's claim. These defenses aim to demonstrate that either no copyright exists, the defendant's actions do not constitute infringement, or the plaintiff is not entitled to relief. Understanding these defenses is crucial for both copyright holders and those accused of infringement. Key defenses include: No Copyright Exists: The defendant may argue that the work in question is not eligible for copyright protection (e.g., it lacks originality, is a mere idea, or is not fixed in a tangible medium). Copyright protects the expression of ideas, not the ideas themselves. Plaintiff is Not the Copyright Owner: The defendant can contend that the plaintiff does not hold the copyright to the work, either because it belongs to someone else, or it is in the public domain. No Infringement (Independent Creation): The defendant can prove that their work was created independently and not copied from the plaintiff's work. Mere similarity is not enough; there must be evidence of copying. If the defendant can show they arrived at a similar result through their own efforts, there is no infringement. Lack of Substantial Similarity: Even if copying is proven, the defendant might argue that the copied portion is not 'substantial' enough to constitute infringement. The test is whether a lay observer would recognize the defendant's work as having been taken from the plaintiff's work. Fair Dealing (Section 52): This is one of the most significant defenses. The Act provides specific exceptions where certain uses of copyrighted material do not constitute infringement. These include: Use for private or personal use, including research. Criticism or review of the work or any other work. Reporting of current events (e.g., in a newspaper, magazine, or broadcast). Use in connection with judicial proceedings or legislative proceedings. R

Question 21

5. (e) When does the infringement of trademark occur? Discuss the essentials of infringement of trademark. Write down the acts not constituting infringement of registered trademark.

Accepted Answer

1. Core Legal Answer & Context: Trademark infringement occurs when an unauthorized party uses a mark that is identical or deceptively similar to a registered trademark, in relation to goods or services for which the mark is registered, or similar goods/services, in a manner that is likely to cause confusion among the public. The primary purpose of trademark law is to protect consumers from confusion about the source of goods or services and to protect the goodwill and reputation of the trademark owner. Essentials of Trademark Infringement (Section 29, Trademarks Act, 1999): For an action of trademark infringement to succeed, the following elements must generally be established: Registered Trademark: The plaintiff must own a validly registered trademark. Infringement actions are typically available only for registered marks, whereas passing off actions protect unregistered marks. Use by Unauthorized Person: The defendant must be using the mark in the course of trade without the permission or license of the registered proprietor. Identical or Deceptively Similar Mark: The defendant's mark must be either identical to the registered trademark or so similar that it is likely to deceive or cause confusion among the public. The test for deceptive similarity is often based on whether an ordinary prudent consumer would be confused. In Relation to Goods or Services: The defendant's use of the mark must be in relation to goods or services that are either identical to those for which the trademark is registered, or similar goods/services. If the goods/services are identical and the marks are identical, infringement is presumed. If the goods/services are similar and the marks are identical or similar, there must be a likelihood of confusion. Likelihood of Confusion: The use of the mark by the defendant must be likely to cause confusion in the minds of the public, leading them to believe that there is an association between the defendant's goods/services and those of the register

Question 22

Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by the parties? Discuss.

Accepted Answer

1. Core Legal Answer & Context: Under the Indian Contract Act, 1872 (ICA), a contract is deemed to be entered into when all the essential elements for a valid contract are present and fulfilled by the parties. The formation of a contract is fundamentally based on the principle of 'consensus ad idem' – a meeting of the minds – where parties agree upon the same thing in the same sense. This involves a clear offer from one party and an unequivocal acceptance of that offer by the other party, communicated effectively. The ICA outlines several prerequisites that must be satisfied for an agreement to become a legally enforceable contract. If any of these elements are missing, the agreement may be void, voidable, or merely an unenforceable agreement, but not a valid contract. 2. Relevant Statutes and Sections: Indian Contract Act, 1872: Section 2(h): Defines a contract as "an agreement enforceable by law." Section 2(e): Defines an agreement as "every promise and every set of promises, forming the consideration for each other." Section 2(a): Defines 'proposal' (offer). Section 2(b): Defines 'acceptance' and 'promise'. Section 2(d): Defines 'consideration'. Section 10: Lays down the essential elements of a valid contract: Agreement: There must be an offer and its acceptance. Free Consent: The consent of the parties must be free, not caused by coercion, undue influence, fraud, misrepresentation, or mistake (Sections 13-22). Competency of Parties: Parties must be competent to contract (e.g., of majority age, sound mind, not disqualified by law) (Section 11). Lawful Consideration: There must be a lawful consideration for the agreement (Section 2(d), 23-25). Lawful Object: The object of the agreement must be lawful (Section 23). Not expressly declared void: The agreement must not be one that is expressly declared to be void by the Act (e.g., agreements in restraint of marriage, trade, or legal proceedings) (Sections 26-30). Section 3: Communication of offer, acceptance, and revo

Question 23

"An invention has to satisfy certain conditions in order to get a patent." Examine critically the statement.

Accepted Answer

1. Core Legal Answer & Context: The statement is unequivocally true. An invention, to be granted a patent, must satisfy stringent statutory conditions. A patent grants a temporary monopoly right to the inventor, preventing others from making, using, selling, or importing the invention without permission. To justify this exclusive right, the invention must represent a genuine advancement in technology and contribute to the public good. These conditions ensure that only truly innovative and useful creations are protected, balancing the inventor's rights with public access to knowledge and fostering further innovation. Critically examining the statement involves understanding these conditions and their rationale. The primary conditions are novelty, inventive step (non-obviousness), and industrial applicability (utility). Additionally, the invention must not fall under the categories of non-patentable subject matter. 2. Relevant Statutes and Sections: The Patents Act, 1970 (as amended): Section 2(1)(j): Defines 'invention' as a new product or process involving an inventive step and capable of industrial application. Section 2(1)(ja): Defines 'inventive step' as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. Section 2(1)(l): Defines 'new invention' as any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or is not part of the state of the art. Section 2(1)(ac): Defines 'capable of industrial application' as the invention is capable of being made or used in an industry. Section 3: Lists what are not inventions (non-patentable subject matter). This includes: Frivolous inventions or those contrary to

Question 24

"Notwithstanding transparency of governance, certain informations have been exempted from disclosure under the Right to Information Act, 2005." Discuss the relevant provisions and limitations on disclosure of information.

Accepted Answer

1. Core Legal Answer & Context: The Right to Information (RTI) Act, 2005, is a landmark legislation aimed at promoting transparency and accountability in governance by empowering citizens to access information held by public authorities. However, the Act recognizes that absolute transparency is neither feasible nor desirable, as it could compromise national security, privacy, commercial interests, or the effective functioning of government. Therefore, the Act provides specific exemptions and limitations on the disclosure of information, striking a balance between the public's right to know and other legitimate public and private interests. These exemptions are not absolute and are subject to a 'public interest override' in many cases. This means that even if information falls under an exempt category, it may still be disclosed if the public interest in disclosure outweighs the harm protected by the exemption. The Act also mandates proactive disclosure of certain information by public authorities, reducing the need for individual requests. 2. Relevant Statutes and Sections: Right to Information Act, 2005: Section 8(1): This is the primary section listing various categories of information exempt from disclosure. Key exemptions include: Information prejudicially affecting the sovereignty and integrity of India, security, strategic, scientific or economic interests of the State, relation with foreign State or leading to incitement of an offence (Section 8(1)(a)). Information forbidden to be published by any court or tribunal or the disclosure of which may constitute contempt of court (Section 8(1)(b)). Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature (Section 8(1)(c)). Commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such

Question 25

"Public interest litigation has played a very crucial role in protection of environment in India." Elucidate and illustrate with the help of decided cases.

Accepted Answer

1. Core Legal Answer & Context: Public Interest Litigation (PIL) has emerged as a powerful tool in India's legal landscape, particularly in the realm of environmental protection. Traditionally, legal standing (locus standi) required an aggrieved party to demonstrate direct harm. However, the Indian judiciary, through judicial activism, relaxed this rule for PIL, allowing any public-spirited individual or organization to approach the courts on behalf of those whose rights are violated or where public interest is at stake. This relaxation proved crucial for environmental issues, as environmental degradation often affects a large, unorganized, and voiceless population, or causes diffuse harm that no single individual can claim as direct injury. PIL has enabled courts to intervene proactively in matters of pollution, deforestation, conservation of natural resources, and enforcement of environmental laws. It has transformed environmental jurisprudence by establishing principles like the 'polluter pays principle', 'precautionary principle', and 'sustainable development', which are now integral to environmental governance in India. Through PIL, the judiciary has compelled the executive to enforce environmental regulations, shut down polluting industries, protect forests, and ensure public health, thereby playing a 'crucial role' in safeguarding the environment. 2. Relevant Statutes and Sections: Constitution of India: Article 21: Right to life and personal liberty, interpreted to include the right to a clean and healthy environment. Article 32: Right to move the Supreme Court for enforcement of fundamental rights. Article 226: Power of High Courts to issue writs for enforcement of fundamental rights and for any other purpose. Article 48A: Directive Principle of State Policy, obliging the State to protect and improve the environment and safeguard forests and wildlife. Article 51A(g): Fundamental Duty of every citizen to protect and improve the natural environment. Environme

Question 26

Explain 'holder' and 'holder in due course', and distinguish between the two. Also discuss their rights.

Accepted Answer

1. Core Legal Answer & Context: In the context of negotiable instruments, a 'holder' is any person entitled in his own name to the possession of the instrument and to receive or recover the amount due thereon from the parties liable. This includes a payee or endorsee in possession of the instrument, or the bearer thereof. A 'holder in due course' (HDC) is a more privileged status. An HDC is a person who for consideration became the possessor of a promissory note, bill of exchange, or cheque if payable to bearer, or the payee or endorsee thereof if payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title. Distinction: Consideration: A holder may or may not have given consideration for the instrument, whereas an HDC must have acquired the instrument for valuable consideration. Good Faith & Notice: A holder may have knowledge of defects in the title of the transferor or prior parties. An HDC must acquire the instrument in good faith, without notice of any defect in the title of the transferor or any prior party, and without having sufficient cause to believe that any defect existed. Maturity: An HDC must acquire the instrument before its maturity. A holder can acquire it at any time. Rights: Rights of a Holder: A holder can sue on the instrument in his own name and receive payment. However, his title is subject to the equities and defects of title of prior parties. He cannot enforce the instrument against a prior party if that party has a valid defense against the transferor. Rights of a Holder in Due Course: An HDC enjoys a superior position. He takes the instrument free from all defects of title of prior parties and free from personal defenses available to prior parties among themselves. His title is indefeasible. He can sue all prior parties to the instrument. Every prior party to a negotiable instrument is liable thereon to a h

Question 27

How far is the Competition Act, 2002 an improvement over the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) with respect to 'abuse of dominant position'? Discuss and explain the relevant statutory provisions.

Accepted Answer

1. Core Legal Answer & Context: The Competition Act, 2002 (CA, 2002) represents a significant paradigm shift and a substantial improvement over its predecessor, the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act), particularly concerning the regulation of 'abuse of dominant position'. The MRTP Act was primarily based on a 'command and control' approach, focusing on curbing monopolies and restrictive trade practices based on the size of enterprises. It aimed to prevent concentration of economic power and regulate monopolistic and restrictive trade practices, often through a pre-entry regulatory framework. In contrast, the CA, 2002, adopts a modern, pro-market, and ex-post approach. It focuses on promoting and sustaining competition in markets, protecting consumer interests, and ensuring freedom of trade. Regarding 'abuse of dominant position', the CA, 2002, shifts the focus from the existence of dominance (which is not per se illegal) to the abuse of that dominance. It is a conduct-based legislation, penalizing anti-competitive behavior rather than market structure. Improvements of CA, 2002 over MRTP Act regarding Abuse of Dominance: Shift from Size to Conduct: MRTP Act was concerned with large undertakings and their potential to become monopolies. CA, 2002, does not prohibit dominance but prohibits its abuse. This is a crucial conceptual difference. Clearer Definition of Dominance and Abuse: The CA, 2002, provides a more precise definition of 'dominant position' and enumerates specific types of abusive conduct, offering greater clarity and predictability. Focus on 'Effect': The CA, 2002, emphasizes the 'appreciable adverse effect on competition' (AAEC) as a criterion for determining anti-competitive practices, including abuse of dominance. The MRTP Act lacked such a clear economic effects-based analysis. Modern Regulatory Body: The Competition Commission of India (CCI) and the Competition Appellate Tribunal (COMPAT, now NCLAT) are specialized bodies

Question 28

"Section 74 of the Indian Contract Act, 1872 has cut down the most troublesome knot of Common Law doctrine of awarding damages." Discuss the statement.

Accepted Answer

1. Core Legal Answer & Context: The statement accurately reflects the transformative impact of Section 74 of the Indian Contract Act, 1872 (ICA) on the common law doctrine concerning liquidated damages and penalties. Under English common law, a crucial distinction was drawn between 'liquidated damages' (a genuine pre-estimate of loss, enforceable) and a 'penalty' (a sum stipulated in terrorem to compel performance, not enforceable beyond actual loss). Courts had to engage in a complex and often subjective exercise to determine if a clause was a penalty or liquidated damages, leading to considerable litigation and uncertainty. Section 74 of the ICA simplifies this by providing that if a contract stipulates a sum to be paid in case of breach, or a penalty, the party complaining of the breach is entitled to receive from the party who has broken the contract 'reasonable compensation' not exceeding the amount so named or stipulated. This provision effectively abolishes the common law distinction between liquidated damages and penalties. The Indian law does not require the court to determine whether the sum stipulated is a genuine pre-estimate of damages or a penalty. Instead, it mandates the award of reasonable compensation, which cannot exceed the sum stipulated in the contract. This 'cuts down the troublesome knot' by removing the need for courts to classify the clause. The focus shifts from the label or nature of the clause to the actual loss suffered and the reasonableness of the compensation, capped by the contractual stipulation. This approach provides greater certainty and reduces judicial discretion in interpreting such clauses. 2. Relevant Statutes and Sections: Indian Contract Act, 1872: Section 73: Deals with compensation for loss or damage caused by breach of contract, laying down the general principles for assessing damages. Section 74: Specifically addresses compensation for breach of contract where a penalty is stipulated for or liquidated damages are name

Law optional 2017 Paper II

28 Questions Available

Law optional 2017 Paper II

28 Questions Available

Question 1: In all robbery, there is either theft or extortion. Explain.

Question 2: The object of the Protection of Civil Rights Act, 1955 is to abolish untouchability." Discuss.

Question 3: Law of torts is said to be a development of the maxim 'Ubi jus ibi remedium'." Discuss the statement.

Question 4: Explain 'necessity' as a defence for the liability of tort and also mention the classes of necessity.

Question 5: Discuss the different forms to outrage the modesty of a woman which have been made punishable in the Indian Penal Code through the Criminal Law (Amend

Question 6: Law recognizes that 'mistake' must be in good faith." In this backdrop, explain the defence of 'mistake' contained under General Exceptions of the Pen

Question 7: Section 34 is incorporated in the Indian Penal Code to deal with the cases where it is very difficult to distinguish precisely the part taken by each

Question 8: Mention the defences of tort of defamation and also discuss whether exceptions given under the Indian Penal Code, 1860 for the offence of defamation m

Question 9: "Consumer Protection Councils also play a very important role in consumer protection." Examine the statement and elaborate the objects, composition an

Question 10: "In order to constitute criminal attempt, the act caused must be proximate to the intended result." Explain the observation with the help of decided c

Question 11: Explaining the concept of 'no liability', mention the Indian Acts in which this concept has been incorporated.

Question 12: "There is a very thin but fine and subtle distinction between culpable homicide and murder. The difference lies merely in the different degrees of pro

Question 13: When is principal not liable for the torts committed by his servant? Discuss.

Question 14: When, under the law of torts even using reasonable care, is a person liable for the tort of negligence? Discuss.

Question 15: 5. (b) "Public policy is like an 'unruly horse' which cannot be controlled easily." Explain the statement and mention the agreements which are against

Question 16: 6. (a) Discuss the constitution, jurisdiction, powers and authority of National Green Tribunal. How far has it been successful in achieving its object

Question 17: 6. (b) "Revocation of proposal is death of the proposal." Explain the statement and mention the manners of revocation.

Question 18: 5. (a) "Minority can only be claimed as a shield but not as a sword." Explain the statement and mention the situations when a minor is liable under th

Question 19: 5. (c) "Right to stoppage of goods in transit starts when right to lien ends." Discuss.

Question 20: 5. (d) Discuss the various defences which can be pleaded by the defendant in an action for infringement of copyright under the Copyright Act, 1957.

Question 21: 5. (e) When does the infringement of trademark occur? Discuss the essentials of infringement of trademark. Write down the acts not constituting infrin

Question 22: Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by the parties? Discuss.

Question 23: "An invention has to satisfy certain conditions in order to get a patent." Examine critically the statement.

Question 24: "Notwithstanding transparency of governance, certain informations have been exempted from disclosure under the Right to Information Act, 2005." Discus

Question 25: "Public interest litigation has played a very crucial role in protection of environment in India." Elucidate and illustrate with the help of decided c

Question 26: Explain 'holder' and 'holder in due course', and distinguish between the two. Also discuss their rights.

Question 27: How far is the Competition Act, 2002 an improvement over the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) with respect to 'ab

Question 28: "Section 74 of the Indian Contract Act, 1872 has cut down the most troublesome knot of Common Law doctrine of awarding damages." Discuss the statement