2013Paper IIQ3(a)Section A
Question 154
Assault is an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant." Comment and distinguish between assault and battery. 20.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2013, Paper II, Q3(a), source page 78.
Direct link to this question2013Paper IIQ3(b)Section A
Question 155
X sends an e-mail to Y containing defamatory matters against him. The e-mail is received by Y who deletes it after reading. Is X liable for publication? Refer to relevant case law. 15.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2013, Paper II, Q3(b), source page 78.
Direct link to this question2013Paper IIQ3(c)Section A
Question 156
X, while driving car, suddenly became unconscious and fell back in his seat. The car became uncontrolled, it hit and killed Y. discuss the liability of X. 15.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2013, Paper II, Q3(c), source page 78.
Direct link to this question2013Paper IIQ4(a)Section A
Question 157
Plea bargaining, which was considered unconstitutional, illegal and tending to encourage complaint, collusion and pollution of the pure punt of justice, is now a part of sentencing under the Indian Criminal Law." Comment 25.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2013, Paper II, Q4(a), source page 78.
Direct link to this question2013Paper IIQ4(b)Section A
Question 158
Q refused to marry her boyfriend P, resulting into P's depression. Mr. R, a friend of P, suggested him to take revenge with an intention that P will come out of shock. R provided with a bottle of liquid believing it as acid. P mistook X to be Q in darkens and threw it on her (X) causing rashes on the face of X, which later resulted into serious injuries. The investigations revealed that it was not acid but was a concentrate of fungicide. Decide the liability of P and R in the case, keeping in mind that defence which may be available to P and R. 25.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2013, Paper II, Q4(b), source page 78.
Direct link to this question2012Paper IIQ1(a)Section A
Question 159
Culpable homicide is the genus and murder is species, and that all murders are culpable homicide but not vice versa." Discuss in the light of legal provisions and some decided cases.
Homicide and Defences
Source reference: UPSC Law Optional 2012, Paper II, Q1(a), source page 65.
Direct link to this question2012Paper IIQ1(b)Section A
Question 160
The recent Criminal Law (Amendment Bill, 2011 seeks to replace 'rape' by the term 'sexual assault' in the IPC and intends to made rape a gender-neutral offence in the country." Examine whether this is appropriate.
Offences Against Women and Children
Source reference: UPSC Law Optional 2012, Paper II, Q1(b), source page 65.
Direct link to this question2012Paper IIQ1(c)Section A
Question 161
The expression 'good faith' has a definite identity in the Indian Penal Code." Discuss.
General Principles of Criminal Liability
Source reference: UPSC Law Optional 2012, Paper II, Q1(c), source page 65.
Direct link to this question2012Paper IIQ1(d)Section A
Question 162
The defendant had been carrying cargo in a lorry for the plaintiff: On the way there was heavy rainfall. The cargo was damaged by seepage due to rainwater rising from below, while it had been securely protected by the defendant by tarpaulin from above. The flash flood on the highway had stranded hundreds of lorries including that of the defendant, and the water level on the highway rose above tyres and up to the level of the platform which resulted in the see page. However, the plaintiff claimed heavy damages from the defendant on the ground of negligence or want of due care. Discuss whether the defendant can have any defence in this case.
Negligence and Duty of CareTort Remedies and Damages
Source reference: UPSC Law Optional 2012, Paper II, Q1(d), source page 65.
Direct link to this question2012Paper IIQ1(e)Section A
Question 163
The principle of 'res ipsa loquitur' is an exception to the rule that it is for the plaintiff to prove negligence of the defendant. Discuss with reference to some cases.
Negligence and Duty of Care
Source reference: UPSC Law Optional 2012, Paper II, Q1(e), source page 65.
Direct link to this question2012Paper IIQ2(a)Section A
Question 164
Explain the essentials of malicious prosecution. What are the grounds on which plaintiff can claim damages?
Tort Remedies and Damages
Source reference: UPSC Law Optional 2012, Paper II, Q2(a), source page 67.
Direct link to this question2012Paper IIQ2(b)Section A
Question 165
Mr. X himself was driving a car and when he was hit by a mail train. The car was smashed and Mr. X was seriously injured, and died in hospital. In an action by the window against the Union of India, as owner of the Railway, it was contended that the level crossing was unmanned and the gates were open. This constituted negligence on the part of the railway. Further it was contended that there was no contributory negligence on the part of Mr. X, the deceased, as he could not have a look at the railway line from a distance as his view was obstructed by some trees, etc., nor could he hear the sound of the coming mail train while he was in the car with the engine running and the windscreen closed. Decide the case giving your reasons.
Negligence and Duty of Care
Source reference: UPSC Law Optional 2012, Paper II, Q2(b), source page 67.
Direct link to this question2012Paper IIQ3(a)Section A
Question 166
It is possible to support an action for nuisance as well as of negligence on the same set of facts, however, there are certain points of distinction between the two." Discuss.
Negligence and Duty of CareNuisance and Property Interference
Source reference: UPSC Law Optional 2012, Paper II, Q3(a), source page 69.
Direct link to this question2012Paper IIQ3(b)Section A
Question 167
The accused (appellant) was separated from his wife. She was living with her father. The accused was keeping their youngest child with someone else. During the noon of a day, his wife took away the child from that someone. The accused, on hearing this, reached his father-in-law's place and quarreled. Later in the evening of the same day, the accused stabbed his father-in-law and he died. Discuss in the light of legal provisions whether the accused would have any lawful defence in this case.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2012, Paper II, Q3(b), source page 69.
Direct link to this question2012Paper IIQ3(c)Section A
Question 168
The plaintiff was insured with the defendant against loss by theft. The plaintiff advertised a watch and a ring for sale and in response, he received a telephone call from someone who expressed interest. He called, agreed to pay the asked price and made payment by a building society cheque and took delivery of the times. The cheque was dishonoured. For the articles so last, a claim was presented to the insurer under the theft policy. The insurer refused to pay anything. Explain the rights, if any, available to the plaintiff under the circumstances.
Consumer and Professional Liability
Source reference: UPSC Law Optional 2012, Paper II, Q3(c), source page 69.
Direct link to this question2012Paper IIQ4(a)Section A
Question 169
There may be an element of abetment in a conspiracy but conspiracy is something more than an abetment." Discuss with illustrations.
General Principles of Criminal Liability
Source reference: UPSC Law Optional 2012, Paper II, Q4(a), source page 71.
Direct link to this question2012Paper IIQ4(b)Section A
Question 170
The accused, one of the two joint owners of a shop, put her lock on the shop which was let out by another joint owner without the consent. The tenant charged the accused with the offence of wrongful restraint in that he was prevented by the lock from entering into the shop. Discuss in the light of legal provisions whether the accused has committed the offence of wrongful restraint.
Property, Document and Financial Offences
Source reference: UPSC Law Optional 2012, Paper II, Q4(b), source page 71.
Direct link to this question2011Paper IIQ1(a)Section A
Question 171
The Indian Penal Code gives protection to one who does an act in good faith for the benefit of another." Discuss.
General Principles of Criminal Liability
Source reference: UPSC Law Optional 2011, Paper II, Q1(a), source page 53.
Direct link to this question2011Paper IIQ1(b)Section A
Question 172
The Indian Penal Code extends protection to acts done by misfortune under certain circumstances." Discuss.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q1(b), source page 53.
Direct link to this question2011Paper IIQ1(c)Section A
Question 173
Tort is concerned with the allocation on prevention of losses which are bound to occur in society." Discuss.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q1(c), source page 53.
Direct link to this question2011Paper IIQ1(d)Section A
Question 174
Before a person can recover for loss which he suffered from another person's act, it must be shown that his case falls within the class of actionable wrongs." Discuss.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q1(d), source page 53.
Direct link to this question2011Paper IIQ2(a)Section A
Question 175
Merely doing certain acts that would bring the Government established by law into hatred or contempt is not the decisive ingredient of Sedition." Discuss. Also state the view of Law Commission of India about reforms of this provision.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q2(a), source page 52.
Direct link to this question2011Paper IIQ2(b)Section A
Question 176
'A' with the intention of bringing "Hashish", a prohibited drug in India, stealthily brought in his bag a cover believing that it contains "hashish" while coming from Bangladesh to India. While trying to sell the same to 'B' a dispute regarding its price arose. B grudgingly informed the police who opened the bag. It was found that it was a harmless snuff power and not hashish. Discuss the liability of A.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q2(b), source page 52.
Direct link to this question2011Paper IIQ3(a)Section A
Question 177
It would be wrong to perceive nudity and sex as essentially obscene, indecent or immoral. Sex and obscenity are not always synonymous." In the light of the above statement elaborate the position of obscenity as an offence in India.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q3(a), source page 54.
Direct link to this question2011Paper IIQ3(b)Section A
Question 178
An army Jawan X who was away from his home for the last two years, requested his senior Y for leave, which Y refused. Annoyed at this, X fired two shots at Y, one shot hitting Y beneath the knee of the right leg as a result of which he fell down. X fired another shot which hit Y at the upper left arm. Y died after then days. Discuss the liability of X.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q3(b), source page 54.
Direct link to this question2011Paper IIQ4(a)Section A
Question 179
The defendant must not only owe the plaintiff a duty of a care, he must be in breach of it." In the light of the above statement examine as to how would the court find out as to whether there is a breach of a duty on the part of the defendant or not. Refer to case law.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2011, Paper II, Q4(a), source page 57.
Direct link to this question2011Paper IIQ4(b)Section A
Question 180
With the enactment and implementation of the Consumer Protection Act, 1986, a new consumer jurisprudence has developed in India." Elaborate.
Consumer and Professional Liability
Source reference: UPSC Law Optional 2011, Paper II, Q4(b), source page 57.
Direct link to this question2010Paper IIQ1(a)Section A
Question 181
Distinguish common intention from abetment and criminal conspiracy.
General Principles of Criminal Liability
Source reference: UPSC Law Optional 2010, Paper II, Q1(a), source page 41.
Direct link to this question2010Paper IIQ1(b)Section A
Question 182
Under the Indian Penal Code there is no right of private defence in which there is time to have recourse to the protection of public authorities." Examine.
Homicide and Defences
Source reference: UPSC Law Optional 2010, Paper II, Q1(b), source page 41.
Direct link to this question2010Paper IIQ1(c)Section A
Question 183
Defence of 'Volenti-non-fit injuria' is not available when the rescuer is injured in an act of recurring" Discuss.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2010, Paper II, Q1(c), source page 41.
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