Question 1

"The 'Right of Reputation' is acknowledged as an inherent personal right of every person." Discuss the statement in the light of Law of Defamation in India.

Accepted Answer

1. Core Legal Answer & Context: The statement that the 'Right of Reputation' is an inherent personal right is profoundly true and well-established in Indian jurisprudence. While not explicitly enumerated as a fundamental right in the Constitution, the Supreme Court of India has consistently interpreted it as an integral facet of the 'Right to Life and Personal Liberty' guaranteed under Article 21. Reputation is considered essential for a dignified existence and is a valuable asset that contributes to an individual's social standing and well-being. The Law of Defamation in India, encompassing both civil and criminal aspects, serves as the primary legal mechanism to protect this inherent right against unwarranted attacks. 2. Relevant Statutes and Sections: Article 21 of the Constitution of India: "No person shall be deprived of his life or personal liberty except according to procedure established by law." The right to reputation has been read into this article by judicial interpretation. Article 19(1)(a) of the Constitution of India: Guarantees the right to freedom of speech and expression. However, this right is subject to reasonable restrictions under Article 19(2), including those imposed in the interests of "defamation." Section 499, Indian Penal Code, 1860: Defines defamation. It states that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person. It also lists ten exceptions where an imputation, even if harmful, is not considered defamation (e.g., truth for public good, fair comment, public conduct of public servants). Section 500, Indian Penal Code, 1860: Prescribes punishment for defamation, which can extend to two years imprisonment, or fine, or both. Civil Law of Torts: Governed by common law principles, it allo

Question 2

"The provisions of Section 149 of the IPC, 1860 relate to the question of offence while Section 34 is a question of evidence.” Give reasons for the statement.

Accepted Answer

1. Core Legal Answer & Context: The statement accurately distinguishes between Section 34 and Section 149 of the Indian Penal Code (IPC), 1860. While both sections deal with constructive or vicarious liability, making multiple individuals responsible for a criminal act, their fundamental nature and application differ significantly. Section 34 is a rule of evidence that attributes the act of one to all who share a common intention, whereas Section 149 creates a substantive offence by making membership in an unlawful assembly with a common object punishable, and also extends liability for acts done in furtherance of that common object. 2. Relevant Statutes and Sections: Section 34, Indian Penal Code, 1860: "Acts done by several persons in furtherance of common intention.—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." Section 149, Indian Penal Code, 1860: "Every member of unlawful assembly guilty of offence committed in prosecution of common object.—If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence." 3. 1-2 Important Landmark Cases: Mahbub Shah v. Emperor (1945) (Privy Council): This case is pivotal for understanding Section 34. The Privy Council clarified that 'common intention' implies a pre-arranged plan and a prior meeting of minds. It emphasized that Section 34 does not create a distinct offence but merely lays down a principle of constructive liability, making each participant liable for the criminal act as if they had done it alone, provided there was a shared intention. Willie (William) Slaney v. State of M.P. (1956): The Supr

Question 3

How is the rule of 'absolute liability' different from 'strict liability'? Cite the relevant judgements.

Accepted Answer

1. Core Legal Answer & Context: The rules of strict liability and absolute liability are both doctrines that impose liability without fault, meaning a defendant can be held responsible for harm even if they were not negligent. However, absolute liability, a concept developed in India, is a more stringent form of liability than strict liability, which originated in English common law. The primary difference lies in the availability of defences. Strict Liability (Rule in Rylands v. Fletcher): This rule, established in England, holds a person liable for damage caused by the escape of a dangerous thing from their land, even if they were not negligent. The essential conditions are: Dangerous Thing: Something likely to cause mischief if it escapes. Escape: The thing must escape from the defendant's land. Non-natural Use of Land: The accumulation of the dangerous thing must be for a non-natural use of the land. Damage: The escape must cause damage. Crucially, strict liability allows for several defences, such as Act of God, act of a third party, plaintiff's own default, consent of the plaintiff, and statutory authority. Thus, it is 'strict' but not 'absolute' because these exceptions can negate liability. Absolute Liability (Rule in M.C. Mehta v. Union of India): This rule was propounded by the Supreme Court of India in response to industrial disasters, recognizing the inadequacy of strict liability in the context of hazardous industries in a developing country. It holds that if an enterprise is engaged in a hazardous or inherently dangerous activity and causes harm to anyone due to an accident in the course of carrying on such activity, the enterprise is absolutely and non-delegably liable to compensate all those who are affected by the accident. The most significant feature of absolute liability is that no defences are available to the enterprise. The enterprise cannot escape liability by proving that it took all reasonable care and that the harm occurred without any neg

Question 4

What do you understand by an 'unlawful assembly'? Discuss the circumstances when a lawful assembly becomes unlawful. Support your answer with suitable illustrations.

Accepted Answer

1. Core Legal Answer & Context: An 'unlawful assembly' is a specific legal concept defined under the Indian Penal Code (IPC), 1860, which criminalizes the gathering of a certain number of people with a prohibited common object. It is not merely any gathering that causes inconvenience, but one that aims to achieve an illegal purpose through collective action. The law recognizes that collective action can pose a greater threat to public order and safety than individual acts, hence the specific provisions. 2. Relevant Statutes and Sections: Section 141, Indian Penal Code, 1860: Defines an 'unlawful assembly'. An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is— 1. To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or 2. To resist the execution of any law, or of any legal process; or 3. To commit any mischief or criminal trespass, or other offence; or 4. By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or 5. By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Section 142, IPC: Defines being a member of an unlawful assembly. Section 143, IPC: Prescribes punishment for being a member of an unlawful assembly. Circumstances when a lawful assembly becomes unlawful: Section 141 explicitly states, "An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly." This means that an assembly that initially gathered for

Question 5

The 'State Liability' under the Law of Tort has undergone metamorphosis. Explain with the help of case laws.

Accepted Answer

1. Core Legal Answer & Context: State liability in tort in India has indeed undergone a significant metamorphosis, evolving from a position of near-absolute sovereign immunity to one where the state is increasingly held liable for the tortious acts of its servants. Historically, the doctrine of sovereign immunity, inherited from English common law and enshrined in the Government of India Act, 1858 (and later 1935), protected the state from liability for acts done in the exercise of sovereign functions. This meant that if a government servant committed a tort while performing a sovereign function (e.g., maintaining law and order, defence), the state could not be sued for damages. However, for acts performed in non-sovereign or commercial functions, the state could be held liable. Over time, judicial activism, particularly by the Supreme Court of India, has progressively eroded this distinction, especially in the context of a welfare state and the protection of fundamental rights. The courts have emphasized that the state, like any other employer, should be responsible for the acts of its employees, and that the archaic doctrine of sovereign immunity is incompatible with modern constitutional jurisprudence and the principles of a democratic republic. 2. Relevant Statutes and Sections: Article 300 of the Constitution of India: Deals with suits and proceedings by or against the Government of India and the Governments of States. It states that the Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or be sued by the name of the State, in relation to their respective affairs, in like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted. This article essentially carried forward the position under the Government of India Act, 1935, which in turn referred to the position under the Government of India Ac

Question 6

"The consent of victim negates the offence of rape." How far will it be true in case it is obtained by the offender on the false promise of marriage?

Accepted Answer

1. Core Legal Answer & Context: The statement "The consent of victim negates the offence of rape" is fundamentally true, as the absence of free, voluntary, and unequivocal consent is the cornerstone of the offence of rape under Indian law. However, the crucial qualification lies in the nature and validity of that consent. Consent obtained under a 'misconception of fact' or 'fraud' is not considered valid consent. The question of consent obtained on a false promise of marriage falls squarely into this complex area, where courts must discern whether the promise was genuinely intended or merely a fraudulent inducement for sexual intercourse. 2. Relevant Statutes and Sections: Section 375, Indian Penal Code, 1860 (Rape): Defines rape. It specifies that a man commits rape if he has sexual intercourse with a woman under circumstances falling under any of the seven descriptions, the most relevant here being "against her will" or "without her consent." The explanation to Section 375 clarifies that "consent" means an unequivocal voluntary agreement when the woman, by words, gestures or any form of communication, communicates willingness to participate in the specific sexual act. It also states that mere submission does not amount to consent. Section 90, Indian Penal Code, 1860 (Consent known to be given under fear or misconception): This section is critical. It states that "A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception." 3. 1-2 Important Landmark Cases: Uday v. State of Karnataka (2003): This case initially held a conservative view. The Supreme Court ruled that a mere false promise of marriage would not vitiate consent unless it was shown that the consent was obtained by misrepresentation of fact or by putting the woman

Question 7

(c) भारतीय दण्ड संहिता, 1860 की धाराएँ 326-A और 326-B की प्रभावशीलता का विश्लेषण कीजिये। लक्ष्मी बनाम भारत संघ के मामले, 2015 में भारत के सर्वोच्च न्यायालय ने क्या अतिरिक्त सुझाव दिये हैं?

Accepted Answer

1. Core Legal Answer & Context: Sections 326-A and 326-B were introduced into the Indian Penal Code (IPC) in 2013, specifically to address the heinous crime of acid attacks, following widespread public outcry and judicial intervention. Section 326-A penalizes voluntarily causing grievous hurt by the use of acid, prescribing a minimum punishment of ten years imprisonment, extendable to life imprisonment, along with a fine. Section 326-B penalizes voluntarily throwing or attempting to throw acid, or administering acid, with the intention of causing grievous hurt, prescribing a minimum of five years imprisonment, extendable to seven years, and a fine. These sections have significantly enhanced the punitive framework for acid attacks, making them non-bailable and cognizable offenses. Their effectiveness lies in providing a strong deterrent and ensuring severe punishment for perpetrators, thereby acknowledging the extreme physical and psychological trauma inflicted on victims. However, challenges remain in their implementation, including the easy availability of acid, difficulties in securing convictions, and the need for comprehensive victim support. 2. Relevant Statutes and Sections: Indian Penal Code, 1860: Section 326-A: Voluntarily causing grievous hurt by use of acid, etc. Section 326-B: Voluntarily throwing or attempting to throw acid. Code of Criminal Procedure, 1973: Relevant for victim compensation schemes and trial procedures. 3. Important Landmark Cases: Laxmi v. Union of India (2014) 4 SCC 427 and subsequent orders in 2015: This is the pivotal case. The Supreme Court, in its initial judgment in 2013 and subsequent orders in 2015, issued comprehensive guidelines to address acid attacks, going beyond mere penal provisions. The key suggestions and directives included: Regulation of Acid Sale: Strict regulation of over-the-counter sale of acid, requiring sellers to obtain a license, maintain a register of sales (including buyer's name, address, and quantity sold

Question 8

(d) How far has Section 7-A of the Protection of Civil Rights Act, 1955 been effective to control untouchability in India?

Accepted Answer

1. Core Legal Answer & Context: The Protection of Civil Rights Act, 1955 (PCR Act), was enacted to give effect to Article 17 of the Indian Constitution, which abolished 'Untouchability' and forbade its practice in any form. Section 7-A of the PCR Act specifically deals with the punishment for compelling a person to do any act on the ground of untouchability. It criminalizes acts like compelling a person to do manual scavenging, dispose of carcasses, or any other similar degrading act. While the PCR Act, including Section 7-A, was a significant legislative step towards eradicating untouchability, its effectiveness in completely controlling the practice has been limited. The Act aimed to provide legal teeth against discrimination, but the deeply entrenched social prejudices and systemic nature of untouchability posed significant challenges to its full implementation. 2. Relevant Statutes and Sections: The Constitution of India, Article 17: Abolishes 'Untouchability' and forbids its practice in any form. The enforcement of any disability arising out of 'Untouchability' shall be an offence punishable in accordance with law. Protection of Civil Rights Act, 1955: Section 7-A: Punishes compelling a person to do any act on the ground of untouchability, or insulting or attempting to insult a member of a Scheduled Caste on the ground of untouchability. Other sections (e.g., Sections 3, 4, 5, 6) penalize various forms of discrimination based on untouchability, such as denying access to public places, services, or religious institutions. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This subsequent legislation was enacted to address the limitations of the PCR Act and provide more stringent measures against atrocities and discrimination faced by SCs and STs. 3. Important Landmark Cases: State of Karnataka v. Appa Balu Ingale (AIR 1993 SC 1126): The Supreme Court upheld the constitutional validity of the PCR Act, emphasizing that the Act was a legisl

Question 9

(a) "The existence of mens rea along with commission of actus reus makes the act an offence." Explain.

Accepted Answer

1. Core Legal Answer & Context: The statement encapsulates the fundamental principle of criminal law, often expressed by the maxim "actus non facit reum nisi mens sit rea" – an act does not make a person guilty unless the mind is also guilty. For an act to constitute a crime, two essential elements must generally coexist: actus reus (the guilty act) and mens rea (the guilty mind or mental state). Actus reus refers to the physical act or omission that forms the crime, including its consequences and the surrounding circumstances. It must be a voluntary act. Mens rea, on the other hand, refers to the mental state of the accused at the time of committing the actus reus. It can take various forms such as intention, knowledge, recklessness, or negligence, depending on the specific offense. The requirement of both elements ensures that only those who voluntarily commit a prohibited act with a culpable mental state are held criminally liable, distinguishing accidental harm from intentional wrongdoing. Exceptions exist in strict liability offenses, where mens rea is not required. 2. Relevant Statutes and Sections: While the Indian Penal Code (IPC), 1860, does not explicitly define mens rea as a general principle, its presence is implicitly woven into the definitions of most offenses. Sections like 34 (common intention), 35 (criminal knowledge), 36 (effect caused partly by act and partly by omission), 39 (voluntarily), and specific terms like 'intentionally,' 'knowingly,' 'fraudulently,' 'dishonestly,' 'maliciously,' 'negligently,' or 'recklessly' used in various sections (e.g., murder under Section 300, grievous hurt under Section 320) illustrate the requirement of a guilty mind. For instance, Section 300 defines murder based on specific intentions or knowledge. 3. Important Landmark Cases: State of Maharashtra v. M.H. George (1964 AIR 665): This landmark Indian Supreme Court case dealt with the necessity of mens rea in statutory offenses. While it acknowledged that the legi

Question 10

(e) The Right of Private Defence is based on the cardinal principle that it is the primary duty of man to help himself, but this right is not absolute. Explain.

Accepted Answer

1. Core Legal Answer & Context: The right of private defence is a fundamental human right recognized in criminal law, allowing an individual to protect their own body and property, or the body and property of another person, against an aggressor. It is rooted in the cardinal principle that it is a person's primary duty to help themselves when faced with an imminent threat, especially when there is no immediate recourse to public authorities. This right acknowledges that the state cannot always provide instantaneous protection. However, this right is not absolute; it is subject to strict limitations and conditions to prevent its misuse as a license for aggression, vigilantism, or excessive force. The law seeks to strike a balance between individual self-preservation and the maintenance of public order. 2. Relevant Statutes and Sections: The Indian Penal Code, 1860, comprehensively deals with the right of private defence under Sections 96 to 106 (Chapter IV, General Exceptions): Section 96: States that nothing is an offence which is done in the exercise of the right of private defence. Section 97: Extends the right to defence of one's own body and property, and the body and property of any other person. Section 99: Crucially outlines the restrictions on this right. It states that there is no right of private defence against an act of a public servant acting in good faith, or against an act where there is time to have recourse to the protection of public authorities. Most importantly, it mandates that the harm inflicted must not be more than is necessary for the purpose of defence. Section 100: Specifies the circumstances under which the right of private defence of the body extends to causing death (e.g., apprehension of death, grievous hurt, rape, kidnapping, wrongful confinement). Section 103: Specifies when the right of private defence of property extends to causing death (e.g., robbery, house-breaking by night, mischief by fire). Section 106: Deals with the right o

Question 11

(b) What are the remedies available under the Law of Tort other than damages? Discuss by citing suitable illustrations.

Accepted Answer

1. Core Legal Answer & Context: While monetary compensation (damages) is the most common remedy in tort law, it is not the only one. Other remedies aim to prevent further harm, restore the status quo, or compel specific actions. These non-damages remedies are crucial for addressing situations where monetary compensation alone would be inadequate or where the primary goal is to stop an ongoing wrong. They provide flexibility to the courts in ensuring justice and protecting rights. 2. Relevant Statutes and Sections: The primary statute governing non-damages remedies in India is the Specific Relief Act, 1963. Key sections include: Sections 36-42: Deal with Injunctions. An injunction is a judicial order restraining a person from doing or continuing to do a particular act (prohibitory injunction) or compelling them to do a particular act (mandatory injunction). They can be temporary (interlocutory) or perpetual. Sections 5-8: Deal with Recovery of Possession of Property. These sections allow a person dispossessed of immovable or movable property to recover its possession through legal action, rather than just seeking damages for the dispossession. Section 9: Deals with Specific Performance of Contracts, though primarily a contract law remedy, it can sometimes be relevant in torts where a specific action is required to rectify a tortious wrong (e.g., compelling a party to remove an obstruction causing nuisance). 3. Important Landmark Cases: M.C. Mehta v. Union of India (Oleum Gas Leak Case) (AIR 1987 SC 1086): While famous for establishing absolute liability, the Supreme Court also issued directions for the closure of the hazardous industry and the establishment of safety measures, which are akin to mandatory injunctions aimed at preventing future harm. This illustrates the court's power to issue preventive and corrective orders beyond mere compensation. Gujarat Bottling Co. Ltd. v. Coca Cola Co. (AIR 1995 SC 2372): This case laid down the principles for granting interim

Question 12

Discuss the implications of the High Level Committee (known as T. S. R. Subramanian Committee) Report, 2014 for review of environment-related laws in India.

Accepted Answer

Core Legal Answer & Context: The T. S. R. Subramanian Committee, a High-Level Committee (HLC) constituted by the Ministry of Environment, Forests and Climate Change (MoEFCC) in August 2014, was tasked with reviewing India's major environmental laws. Its mandate was to assess the efficacy of existing environmental legislation and recommend amendments to bring them in line with current needs, particularly concerning project clearances and environmental governance. The report, submitted in November 2014, generated significant debate and controversy due to its far-reaching recommendations. Relevant Statutes and Sections: The committee reviewed the following key environmental laws: 1. Environment (Protection) Act, 1986 (EPA) 2. Forest (Conservation) Act, 1980 (FCA) 3. Wildlife (Protection) Act, 1972 (WPA) 4. Water (Prevention and Control of Pollution) Act, 1974 (Water Act) 5. Air (Prevention and Control of Pollution) Act, 1981 (Air Act) Implications/Recommendations of the Report: The HLC report's implications were largely seen as a move towards diluting environmental regulations in favor of economic development. Key recommendations and their implications included: 1. Dilution of Environmental Regulations: The overarching implication was a perceived weakening of environmental protection. Critics argued that the report prioritized 'ease of doing business' over environmental safeguards, potentially leading to increased environmental degradation. 2. New Umbrella Laws: The report proposed replacing the existing five major environmental laws with two new umbrella laws: the Environmental Laws (Management) Act (ELMA) and the Environmental Laws (Appellate Tribunal) Act (ELATA). ELMA was intended to consolidate and streamline environmental clearances, while ELATA would establish a dedicated appellate body. This implied a significant restructuring of India's environmental governance framework. 3. Establishment of New Regulatory Bodies: The report recommended the creation of a Natio

Question 13

“Tortious liability arises from breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by an action for unliquidated damages." Comment.

Accepted Answer

Core Legal Answer & Context: The statement accurately encapsulates the fundamental characteristics of tortious liability, distinguishing it from other branches of law like contract law. Tort law deals with civil wrongs that cause a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. The essence lies in a legally imposed duty, a breach of that duty, and resulting unliquidated damages. Relevant Statutes and Sections: Tort law in India is largely uncodified, primarily based on common law principles and judicial precedents. Therefore, there are no specific statutes or sections that define tortious liability in this general manner. However, specific torts (e.g., negligence, defamation, nuisance) are recognized and enforced through judicial pronouncements. Important Landmark Cases: 1. Donoghue v. Stevenson (1932): This seminal House of Lords case established the modern concept of negligence and the 'neighbour principle'. Lord Atkin famously stated that one must take reasonable care to avoid acts or omissions which one can reasonably foresee would be likely to injure one's neighbour. This case perfectly illustrates a duty 'fixed by law' and owed 'towards persons generally'. 2. Rylands v. Fletcher (1868): This case established the principle of strict liability for the escape of dangerous things from one's land, further demonstrating a duty imposed by law, irrespective of fault, to prevent harm to others. Commentary on the Statement: 1. "Tortious liability arises from breach of duty primarily fixed by the law": Unlike contractual duties, which arise from agreements between specific parties, duties in tort are imposed by the general law. These are duties owed to society at large, or to a class of persons, to refrain from certain conduct that could cause harm. For instance, every driver has a legal duty of care to other road users, and every person has a duty not to defame another. This duty is not created by agreement but

Question 14

Summarize the law relating to 'attempt to suicide' in India. How far has the Mental Healthcare Act, 2017 added new dimensions to the law of attempt to suicide in India?

Accepted Answer

Core Legal Answer & Context: Historically, 'attempt to suicide' was a criminal offense under Section 309 of the Indian Penal Code (IPC), 1860, punishable with simple imprisonment for up to one year or a fine, or both. This provision was often criticized for punishing individuals who were already in distress and needed help rather than legal retribution. The rationale behind its criminalization was rooted in the sanctity of life and the state's role as parens patriae. Relevant Statutes and Sections: 1. Section 309, Indian Penal Code, 1860: "Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both." 2. Section 115, Mental Healthcare Act, 2017 (MHCA 2017): "Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, with a view to reduce the risk of recurrence of attempt to commit suicide." Important Landmark Cases: 1. P. Rathinam v. Union of India (1994): The Supreme Court initially struck down Section 309 IPC as unconstitutional, holding that the 'right to life' under Article 21 of the Constitution implicitly included a 'right to die'. 2. Gian Kaur v. State of Punjab (1996): A larger bench of the Supreme Court overruled P. Rathinam, upholding the constitutional validity of Section 309 IPC. The Court distinguished between the 'right to die' and the 'right to life', stating that the right to life does not include the right to terminate life, and that Section 309 serves a legitimate state interest in preserving life. New Dimensions by MHCA 2017: The Mental Healthcare Act, 2017, introduced a

Question 15

Outline the legal framework for the protection of online consumers provided under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.

Accepted Answer

Core Legal Answer & Context: The rapid growth of e-commerce necessitated a robust legal framework to protect online consumers, who face unique challenges compared to traditional offline transactions. The Consumer Protection Act, 2019 (CPA 2019), which replaced the Consumer Protection Act, 1986, explicitly brought e-commerce transactions within its ambit. This was further strengthened by the Consumer Protection (E-Commerce) Rules, 2020, which provide specific regulations for e-commerce entities and sellers. Relevant Statutes and Sections: 1. Consumer Protection Act, 2019 (CPA 2019): This Act defines 'consumer' to include persons who buy goods or avail services online. It establishes consumer rights, addresses unfair trade practices, and introduces product liability for e-commerce. Key provisions include definitions of 'e-commerce', 'electronic service provider', and 'unfair trade practices' that cover online activities. 2. Consumer Protection (E-Commerce) Rules, 2020: These rules are framed under the CPA 2019 and specifically govern e-commerce entities, including marketplace e-commerce entities and inventory e-commerce entities, as well as sellers on these platforms. Legal Framework and Key Protections: Under CPA 2019: Broadened Definition of 'Consumer': Includes transactions conducted through offline or online modes, electronic means, teleshopping, direct selling, or multi-level marketing. Consumer Rights: Enshrines six consumer rights, including the right to be informed, right to choose, right to safety, right to be heard, right to seek redressal, and right to consumer education, applicable to online purchases. Unfair Trade Practices: Expands the definition to cover online misleading advertisements, refusal to accept returns, non-issuance of proper bills, and other deceptive practices prevalent in e-commerce. Product Liability: Holds manufacturers, service providers, and sellers (including online sellers) liable for defective products or deficient services, even if

Question 16

"All the contracts are agreements, but all the agreements are not contracts." Elucidate the statement.

Accepted Answer

Core Legal Answer & Context: This statement is a fundamental principle of contract law, highlighting the distinction between a mere agreement and a legally enforceable contract. While every contract necessarily originates from an agreement, not all agreements possess the legal enforceability required to be classified as contracts. This distinction is crucial for understanding the scope and limitations of contractual obligations. Relevant Statutes and Sections: 1. Section 2(e), Indian Contract Act, 1872: Defines an 'agreement' as "every promise and every set of promises forming the consideration for each other." 2. Section 2(h), Indian Contract Act, 1872: Defines a 'contract' as "an agreement enforceable by law." 3. Section 10, Indian Contract Act, 1872: Lays down the essential elements for an agreement to become a contract: "All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void." Elucidation of the Statement: 1. All contracts are agreements: For an agreement to mature into a contract, it must first satisfy the basic definition of an agreement. An agreement is formed when there is a proposal (offer) by one party and its acceptance by another, resulting in a 'consensus ad idem' (meeting of minds) on the same thing in the same sense. Without an agreement, there can be no contract. Thus, the existence of an agreement is a prerequisite for a contract. 2. But all agreements are not contracts: This is the more critical part of the statement. An agreement becomes a contract only if it is 'enforceable by law'. This enforceability depends on the fulfillment of certain essential conditions, primarily outlined in Section 10 of the Indian Contract Act, 1872, and supplemented by common law principles. If an agreement lacks any of these essentials, it remains a mere agreement and does not acquire the legal status of a contract. The key

Question 17

Discuss the quasi-criminal nature of Section 138 of the Negotiable Instruments Act, 1881.

Accepted Answer

Core Legal Answer & Context: Section 138 of the Negotiable Instruments Act, 1881 (NI Act), deals with the dishonour of cheques. It is often described as 'quasi-criminal' because it imposes criminal liability (imprisonment or fine) for what is essentially a civil wrong – the failure to honour a financial commitment. This unique blend of civil and criminal characteristics aims to enhance the credibility of cheques as a reliable mode of payment and promote financial discipline in commercial transactions. Relevant Statutes and Sections: 1. Section 138, Negotiable Instruments Act, 1881: "Dishonour of cheque for insufficiency, etc., of funds in the account. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both." 2. Sections 139, 140, 141, 142, 143, 147, NI Act: These sections deal with presumptions, defences, cognizance of offenses, summary trials, and compounding of offenses, further illustrating the quasi-criminal nature. Discussion of Quasi-Criminal Nature: 1. Criminal Sanction for a Civil Wrong: The primary purpose of a cheque is to facilitate commercial transactions. Its dishonour is fundamentally a breach of a civil obligation (debt or liability). However, Section 138 criminalizes this breach, imposing penalties like imprisonment and substantial fines. This is a departure from p

Question 18

Elaborate the conditions and warranties provided under the Sale of Goods Act, 1930.

Accepted Answer

Core Legal Answer & Context: The Sale of Goods Act, 1930 (SOGA), governs contracts for the sale of goods in India. A crucial aspect of these contracts involves 'conditions' and 'warranties', which are stipulations that define the rights and liabilities of the buyer and seller regarding the quality, fitness, and other attributes of the goods. The distinction between a condition and a warranty is vital because their breach leads to different legal consequences for the aggrieved party. Relevant Statutes and Sections: 1. Section 12, Sale of Goods Act, 1930: Defines 'condition' and 'warranty'. 2. Section 13, Sale of Goods Act, 1930: Deals with when a condition may be treated as a warranty. 3. Sections 14, 15, 16, 17, Sale of Goods Act, 1930: Enumerate implied conditions and warranties. Elaboration of Conditions and Warranties: A. Condition (Section 12(2)): Definition: A condition is a stipulation essential to the main purpose of the contract. Its breach goes to the very root of the contract, making the contract fundamentally different from what was agreed upon. Consequence of Breach: If a condition is breached, the aggrieved party (buyer) has the right to repudiate the contract (treat it as void), reject the goods, and claim damages for the breach. The buyer can also choose to waive the condition and treat the breach as a breach of warranty (Section 13). Examples of Implied Conditions (imposed by law unless excluded by contract): 1. Condition as to Title (Section 14(a)): In a contract of sale, there is an implied condition that the seller has the right to sell the goods (or will have the right at the time property is to pass). If the seller's title is defective, the buyer can reject the goods and recover the full price. 2. Condition as to Description (Section 15): Where goods are sold by description, there is an implied condition that the goods shall correspond with the description. If the goods do not match the description, the buyer can reject them. 3. Condition as to

Question 19

"The quotation from a work which has already been lawfully made available to the public does not constitute infringement of copyright." Comment.

Accepted Answer

Core Legal Answer & Context: This statement refers to a crucial exception to copyright infringement known as 'fair dealing' or 'fair use' in copyright law. Copyright law grants exclusive rights to creators over their original literary, dramatic, musical, and artistic works. However, these rights are not absolute. Exceptions are carved out to balance the rights of copyright holders with the public interest in promoting creativity, education, research, and freedom of expression. Quoting from a publicly available work, under specific circumstances, falls within this exception. Relevant Statutes and Sections: 1. Section 52, Copyright Act, 1957: This section enumerates various acts that do not constitute an infringement of copyright. Specifically, Section 52(1)(a) is relevant: "(a) a fair dealing with any work, not being a computer programme, for the purposes of— (i) private use, including research; (ii) criticism or review, whether of that work or of any other work; or (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public." Commentary on the Statement: 1. Copyright Protection: Copyright protects the expression of ideas, not the ideas themselves. It grants the owner exclusive rights to reproduce, publish, perform, adapt, and translate their work. Unauthorized use of these rights constitutes infringement. 2. The 'Fair Dealing' Exception: The statement is largely accurate due to the 'fair dealing' doctrine enshrined in Section 52 of the Copyright Act, 1957. This doctrine permits the use of copyrighted material without the owner's permission for certain specified purposes, provided the use is 'fair'. The underlying principle is to prevent copyright from stifling creativity, scholarship, and public discourse. 3. Conditions for 'Fair Dealing' (Quotation): Lawfully Made Available: The work from which the quotation is taken must have been lawfully made available to the public. This means the original work itself is n

Question 20

"The liability of a surety is coextensive with principal debtor, unless it is otherwise provided in the contract." Elucidate the statement by narrating the circumstances under which a surety is discharged from his liability.

Accepted Answer

Core Legal Answer & Context: This statement is a fundamental principle governing the contract of guarantee, as enshrined in the Indian Contract Act, 1872. A contract of guarantee involves three parties: the principal debtor (who incurs the debt), the creditor (to whom the debt is owed), and the surety (who guarantees the debt). The phrase "coextensive with principal debtor" means that the surety's liability is exactly the same in scope and extent as that of the principal debtor. The caveat "unless it is otherwise provided in the contract" allows parties to modify this co-extensiveness through specific contractual terms. Relevant Statutes and Sections: 1. Section 126, Indian Contract Act, 1872: Defines a 'contract of guarantee', 'surety', 'principal debtor', and 'creditor'. 2. Section 128, Indian Contract Act, 1872: States, "The liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract." 3. Sections 133-139, 141, 142-144, Indian Contract Act, 1872: Detail the various circumstances under which a surety may be discharged from liability. Elucidation of Co-extensive Liability (Section 128): 'Co-extensive' implies that the surety is liable for all that the principal debtor is liable for. This means: Immediate Liability: Upon the principal debtor's default, the surety's liability arises immediately. The creditor is not obligated to first exhaust remedies against the principal debtor (e.g., sue the principal debtor or realize security from them) before proceeding against the surety, unless the contract specifically stipulates such a condition. Same Extent: The surety's liability cannot be greater than that of the principal debtor. If the principal debtor's liability is reduced (e.g., by part payment or a court order), the surety's liability is also reduced proportionally. Joint and Several: The creditor can sue the principal debtor, the surety, or both simultaneously. The liability is often considered joint an

Question 21

What do you mean by 'abuse of dominance' and 'abusive conduct' prohibited under the Competition Act, 2002?

Accepted Answer

Core Legal Answer & Context: The Competition Act, 2002, is India's primary legislation to prevent practices having an adverse effect on competition, promote and sustain competition in markets, protect the interests of consumers, and ensure freedom of trade. One of its key prohibitions is against the 'abuse of dominant position'. The Act does not prohibit an enterprise from holding a dominant position; rather, it prohibits the 'abuse' of such a position, which can harm competition and consumer welfare. Relevant Statutes and Sections: 1. Section 4, Competition Act, 2002: Prohibits any enterprise or group from abusing its dominant position. 2. Explanation (a) to Section 4: Defines 'dominant position'. 3. Section 19(4), Competition Act, 2002: Lists factors to be considered by the Competition Commission of India (CCI) while inquiring whether an enterprise enjoys a dominant position. 4. Section 2(r), Competition Act, 2002: Defines 'relevant market', which is crucial for determining dominance. Meaning of 'Dominant Position': As per Explanation (a) to Section 4, a 'dominant position' refers to a position of strength enjoyed by an enterprise in the relevant market in India which enables it to: Operate independently of competitive forces prevailing in the relevant market; or Affect its competitors or consumers or the relevant market in its favour. To determine if an enterprise holds a dominant position, the Competition Commission of India (CCI) considers various factors listed in Section 19(4), including: Market share of the enterprise. Size and resources of the enterprise. Size and importance of competitors. Economic power of the enterprise, including commercial advantages. Vertical integration of the enterprise. Entry barriers in the market. Countervailing buying power of consumers. Market structure and size of the market. Meaning of 'Abusive Conduct' (Prohibited under Section 4): The Competition Act does not penalize dominance itself, but rather the conduct that constitute

Question 22

"An agreement without consideration is void." Is there any exception to it? Discuss by giving suitable illustrations.

Accepted Answer

1. Core Legal Answer & Context: In contract law, 'consideration' is a fundamental element, often described as the 'price' for which the promise of the other is bought. It signifies something of value, moving from the promisee to the promisor, which can be an act, abstinence, or a promise. The general rule, as enshrined in the Indian Contract Act, 1872, is that an agreement made without consideration is void (nudum pactum). This principle ensures that only serious and deliberate promises, intended to create legal obligations, are enforceable. However, the Act itself carves out several exceptions where an agreement, despite lacking consideration, remains valid and enforceable. 2. Relevant Statutes and Sections: - Section 2(d) of the Indian Contract Act, 1872: Defines consideration as: "When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise." - Section 25 of the Indian Contract Act, 1872: States the general rule that an agreement made without consideration is void, but then lists the following exceptions: a. Agreement made on account of natural love and affection: An agreement made without consideration is valid if it is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other. (Illustration: A, for natural love and affection, promises to give his son, B, Rs. 1,000. A puts his promise to B in writing and registers it. This is a valid contract). b. Promise to compensate for past voluntary service: A promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do. (Illustration: A finds B's

Question 23

What are the essentials of an agency? How is an agency created and terminated under the Indian Contract Act, 1872?

Accepted Answer

1. Core Legal Answer & Context: An agency is a legal relationship where one person (the agent) acts on behalf of another (the principal) in dealings with third parties. The agent's actions, within the scope of their authority, bind the principal. The core idea is that 'he who acts through another acts himself' (qui facit per alium facit per se). This relationship is crucial in commerce, allowing individuals and organizations to expand their operational reach. The Indian Contract Act, 1872, governs the principles of agency. Essentials of an Agency: Principal and Agent: There must be two parties – a principal who delegates authority and an agent who acts on that authority. Capacity of Principal: The principal must be competent to contract (i.e., of sound mind, majority age, and not disqualified by law) as per Section 183. Capacity of Agent: An agent need not be competent to contract (e.g., a minor can be an agent), but they must be of sound mind to understand the nature of their duties (Section 184). However, they are not personally liable to the principal. Intention to Create Legal Relations: Both parties must intend to create a legal relationship of agency. Authority: The agent must have authority (express or implied) to act on behalf of the principal. No Consideration Required: As per Section 185, no consideration is necessary to create an agency. 2. Relevant Statutes and Sections: Indian Contract Act, 1872 (Chapter X - Of Agency, Sections 182-238) Creation of Agency: Section 182 (Definition): Defines 'agent' and 'principal'. Section 186 (Authority may be express or implied): Agency can be created by express agreement (oral or written) or by implication. Section 187 (Definitions of express and implied authority): Express Agency: Created by words spoken or written (e.g., power of attorney). Implied Agency: Arises from the conduct of the parties, circumstances of the case, or the relationship between them. This includes: Agency by Estoppel (Section 237): When a perso

Question 24

"Time is an essence of the contract." What are the remedies available to the aggrieved party in case of non-fulfilment of obligation within the stipulated time?

Accepted Answer

1. Core Legal Answer & Context: When 'time is of the essence' in a contract, it means that timely performance of the contractual obligations is considered a fundamental condition. Failure to perform within the stipulated time constitutes a breach of a fundamental term, entitling the aggrieved party to repudiate the contract and claim damages. This concept is critical in commercial transactions where delays can have significant financial implications. Conversely, if time is not of the essence, a delay merely gives rise to a claim for damages, but the contract remains enforceable, and the defaulting party may still perform within a reasonable time. 2. Relevant Statutes and Sections: Section 55 of the Indian Contract Act, 1872, specifically deals with the effect of failure to perform at a fixed time, in contracts where time is essential: First Paragraph: "When a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract." Second Paragraph: "If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by reason of such failure; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure." Third Paragraph: "If, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so." Remedies

Question 25

"The Information Technology Act, 2000 aimed at e-commerce development, but failed to satisfy growth-building traders and consumer confidence." Comment.

Accepted Answer

1. Core Legal Answer & Context: The Information Technology Act, 2000 (IT Act), was a pioneering legislation in India, primarily aimed at providing legal recognition to electronic transactions, digital signatures, and electronic records, thereby facilitating e-commerce and e-governance. Its objective was to create a legal framework that would foster the growth of the digital economy, encourage online businesses, and instill confidence among consumers. While it laid the foundational legal infrastructure, its effectiveness in fully satisfying growth-building traders and consumer confidence has been a subject of debate and evolution. Initially, the IT Act successfully provided legal validity to electronic contracts and digital signatures, which was crucial for the nascent e-commerce sector. It also introduced provisions for cybercrimes, aiming to deter malicious activities and protect online users. However, several limitations emerged over time. For traders, the Act's provisions on data protection, liability for intermediaries, and dispute resolution mechanisms were often perceived as inadequate or complex. The lack of a robust data protection law (until recent developments) and the evolving nature of cyber threats meant that businesses faced uncertainties regarding data security and compliance. For consumers, confidence was hampered by issues such as the prevalence of cyber fraud, phishing, and the perceived difficulty in seeking redressal for online grievances. The enforcement machinery and judicial capacity to handle complex cyber cases also posed challenges, leading to a gap between the law's intent and its practical impact. 2. Relevant Statutes and Sections: - Information Technology Act, 2000 (as amended by IT (Amendment) Act, 2008): Key sections include those related to legal recognition of electronic records (Sections 4-5), digital signatures (Sections 3, 15), attribution and acknowledgment of electronic records (Sections 11-13), cybercrimes (Sections 65-74), and

Question 26

State the circumstances of supervening impossibility and frustration of contract in the light of the decided cases.

Accepted Answer

1. Core Legal Answer & Context: The doctrine of frustration of contract, rooted in the principle of supervening impossibility, provides a mechanism for discharging a contract when unforeseen events make its performance impossible or radically different from what was originally contemplated. This doctrine is an exception to the general rule that parties must perform their contractual obligations or pay damages for breach. Supervening impossibility refers to an event occurring after the contract's formation that renders performance impossible or unlawful, without the fault of either party. The Indian Contract Act, 1872, addresses this under Section 56. 2. Relevant Statutes and Sections: Section 56 of the Indian Contract Act, 1872, deals with agreements to do impossible acts. It states that an agreement to do an act impossible in itself is void. Crucially, it also provides that a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. This section embodies the doctrine of frustration. 3. Important Landmark Cases: - Satyabrata Ghose v. Mugneeram Bangur & Co. (1954): The Supreme Court of India held that Section 56 is not exhaustive and does not apply only to cases of physical impossibility. It extends to cases where the object of the contract has been frustrated, or where performance has become commercially impossible or impracticable. The Court emphasized that the impossibility must be 'supervening' and not self-induced. The test is whether the change of circumstances is so fundamental as to be regarded by law as striking at the root of the contract. - Ganga Saran v. Firm Ram Charan Ram Gopal (1952): This case reiterated that the doctrine of frustration applies when the performance of the contract becomes impossible due to an unforeseen event beyond the control of the parties. It clarified that mere difficulty or unpr

Question 27

Dwell on the concept of emergency arbitration in providing expeditious relief in India.

Accepted Answer

1. Core Legal Answer & Context: Emergency arbitration refers to a mechanism within the arbitration framework that allows a party to seek urgent interim relief from an emergency arbitrator before the constitution of the main arbitral tribunal. Its primary objective is to provide expeditious relief, preventing irreparable harm or preserving the status quo, especially in time-sensitive commercial disputes. This mechanism is crucial in India's arbitration landscape, which increasingly emphasizes efficiency and party autonomy. While not explicitly defined in the Arbitration and Conciliation Act, 1996 (as amended), its enforceability and recognition have been significantly shaped by judicial pronouncements and institutional rules. 2. Relevant Statutes and Sections: While the Arbitration and Conciliation Act, 1996, does not explicitly mention 'emergency arbitration,' Section 17 empowers the arbitral tribunal (once constituted) to grant interim measures. Section 9 allows parties to approach a court for interim measures before or during arbitral proceedings, or at any time after the making of the arbitral award but before it is enforced. The enforceability of emergency awards, particularly those rendered in foreign-seated arbitrations, has been a point of contention, often relying on the interpretation of 'arbitral award' under the Act and the New York Convention. 3. Important Landmark Cases: The most significant landmark case is Amazon.com NV Investment Holdings LLC v. Future Retail Limited & Ors. (2021). The Supreme Court of India, in this case, unequivocally upheld the enforceability of an emergency arbitrator's award passed in a foreign-seated arbitration (SIAC rules) in India. The Court held that an emergency arbitrator's award is an order under Section 17(1) of the Arbitration Act, 1996, and is enforceable under Section 17(2) of the Act. This judgment provided much-needed clarity and legitimacy to emergency arbitration in India, reinforcing its role in providing swift

Question 28

Discuss the ambit and scope of Section 3(d) of the Patent Act, 1970 in the context of the Novartis Case, 2013.

Accepted Answer

1. Core Legal Answer & Context: Section 3(d) of the Indian Patents Act, 1970, is a crucial provision designed to prevent 'evergreening' of patents, particularly in the pharmaceutical sector. Evergreening refers to the practice of extending the patent life of a drug by making minor modifications to an existing patented compound, without significantly enhancing its therapeutic efficacy. The ambit and scope of Section 3(d) are to ensure that only genuine inventions, representing a significant therapeutic advancement, are granted patents, thereby balancing innovation with public health access to affordable medicines. It specifically states that the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance, or the mere discovery of any new property or new use for a known process, substance or machine, or the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant, is not an invention. 2. Relevant Statutes and Sections: Section 3(d) of the Indian Patents Act, 1970 (as amended in 2005): "The following are not inventions within the meaning of this Act: ... (d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known process, substance or machine unless such known process results in a new product or employs at least one new reactant." 3. Important Landmark Cases: Novartis AG v. Union of India & Ors. (2013): This is the seminal case that defined the scope and interpretation of Section 3(d). Novartis, a Swiss pharmaceutical company, sought a patent for the beta-crystalline form of Imatinib Mesylate, marketed as 'Glivec,' a cancer drug. This was a modified version of Imatinib, for which a patent had already been granted in the US. Novartis argued that the beta-crystalline form had impr

law optional 2022 paper II solved

28 Questions Available

law optional 2022 paper II solved

28 Questions Available

Question 1: "The 'Right of Reputation' is acknowledged as an inherent personal right of every person." Discuss the statement in the light of Law of Defamation in

Question 2: "The provisions of Section 149 of the IPC, 1860 relate to the question of offence while Section 34 is a question of evidence.” Give reasons for the st

Question 3: How is the rule of 'absolute liability' different from 'strict liability'? Cite the relevant judgements.

Question 4: What do you understand by an 'unlawful assembly'? Discuss the circumstances when a lawful assembly becomes unlawful. Support your answer with suitable

Question 5: The 'State Liability' under the Law of Tort has undergone metamorphosis. Explain with the help of case laws.

Question 6: "The consent of victim negates the offence of rape." How far will it be true in case it is obtained by the offender on the false promise of marriage?

Question 8: (d) How far has Section 7-A of the Protection of Civil Rights Act, 1955 been effective to control untouchability in India?

Question 9: (a) "The existence of mens rea along with commission of actus reus makes the act an offence." Explain.

Question 10: (e) The Right of Private Defence is based on the cardinal principle that it is the primary duty of man to help himself, but this right is not absolute

Question 11: (b) What are the remedies available under the Law of Tort other than damages? Discuss by citing suitable illustrations.

Question 12: Discuss the implications of the High Level Committee (known as T. S. R. Subramanian Committee) Report, 2014 for review of environment-related laws in

Question 13: “Tortious liability arises from breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by an

Question 14: Summarize the law relating to 'attempt to suicide' in India. How far has the Mental Healthcare Act, 2017 added new dimensions to the law of attempt to

Question 15: Outline the legal framework for the protection of online consumers provided under the Consumer Protection Act, 2019 and the Consumer Protection (E-Com

Question 16: "All the contracts are agreements, but all the agreements are not contracts." Elucidate the statement.

Question 17: Discuss the quasi-criminal nature of Section 138 of the Negotiable Instruments Act, 1881.

Question 18: Elaborate the conditions and warranties provided under the Sale of Goods Act, 1930.

Question 19: "The quotation from a work which has already been lawfully made available to the public does not constitute infringement of copyright." Comment.

Question 20: "The liability of a surety is coextensive with principal debtor, unless it is otherwise provided in the contract." Elucidate the statement by narratin

Question 21: What do you mean by 'abuse of dominance' and 'abusive conduct' prohibited under the Competition Act, 2002?

Question 22: "An agreement without consideration is void." Is there any exception to it? Discuss by giving suitable illustrations.

Question 23: What are the essentials of an agency? How is an agency created and terminated under the Indian Contract Act, 1872?

Question 24: "Time is an essence of the contract." What are the remedies available to the aggrieved party in case of non-fulfilment of obligation within the stipul

Question 25: "The Information Technology Act, 2000 aimed at e-commerce development, but failed to satisfy growth-building traders and consumer confidence." Comment

Question 26: State the circumstances of supervening impossibility and frustration of contract in the light of the decided cases.

Question 27: Dwell on the concept of emergency arbitration in providing expeditious relief in India.

Question 28: Discuss the ambit and scope of Section 3(d) of the Patent Act, 1970 in the context of the Novartis Case, 2013.