Students can access the CBSE Sample Papers for Class 12 Legal Studies with Solutions and marking scheme Set 1 will help students in understanding the difficulty level of the exam.
CBSE Sample Papers for Class 12 Legal Studies Set 1 with Solutions
General Inshructions :
- The Question Paper contains 4 sections – A, B, C and D.
- Section A contains 20 Multiple Choice Questions for 20 marks.
- Section B contains 8 short answer type questions for 2 marks each.
- Section C contains 8 questions for 3 marks each.
- Section D contains 4 long answer type questions for 5 marks each.
- Internal Choice is given in the Paper. There is no overall choice.
Tine : 3 hours
Max. Marks : 80
SECTION A
Question 1.
The National Commission for Protection of Child Rights (NCPCR) emphasises the principle of universality and inviolability of child rights for the protection of which category of children?
(a) All children in the 0 to 18 years age group.
(b) Most vulnerable children only.
(c) Only children in regions that are backward.
(d) Children belonging to certain communities or under certain circumstances.
Answer:
(a) All children in the 0 to 18 years age group.
Question 2.
John is a lawyer practicing law in his country. He wants to put up an advertisement to enhance his legal career. He finds out that he is forbidden to advertise on television, radio and in the cinemas but is permitted to advertise in print media. Which country is John practicing law in?
(a) Malaysia
(b) Singapore
(c) Hong Kong
(d) USA
Answer:
(c) Hong Kong
Question 3.
Identify the correct arrangement of the following in the ascending order of their hierarchy in civil jurisdiction.
(i) Principal Junior Civil Judge Court
(ii) Senior Civil Judge Courts
(iii) Munsiff Courts
(iv) Junior Civil Judge Court
Codes
(a) (iv), (i), (ii), (iii)
(a) (i), (ii), (iii), (iv)
(c) (ii), (iii), (iv), (i)
(d) (iii), (iv), (i), (ii)
Answer:
(d) (iii), (iv), (i), (ii)
Question 4.
Assertion (A) Justice Soumitra Sen resigned from his office before he reached the age of 62 .
Reason (R) Justice Soumitra Sen was impeached from his office.
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
Question 5.
‘A’ sells his garden as well as his house through one instrument to ‘B’. Whereas, ‘B’ wants to retain only the house and wants to cancel the transfer regarding the garden. Is it possible in law?
(a) Yes, as it is A’s property, he can decide how he wants to transfer it.
(b) Yes, ‘ B ‘ can do it as he is the buyer and ‘A’ has to adjust to his requirements.
(c) No, as ‘B’ cannot accept one property and reject another in the same document.
(d) No, as there is it will be difficult for ‘A’ to decide the price of the house alone.
Answer:
(c) No, as ‘B’ cannot accept one property and reject another in the same document.
Question 6.
Which of the following is not a criterion for setting aside the arbitral award?
(a) Arbitrator is biased.
(b) Improper appointment of arbitrator.
(c) Arbitrator has jurisdiction.
(d) Award against public policy.
Answer:
(c) Arbitrator has jurisdiction.
Question 7.
If the conviction can be based on the statement alone, it is , and where some supplementary evidence is needed to authorise a conviction, then it is
(a) confession, confession
(b) admission, testimony
(c) confession, admission
(d) testimony, admission
Answer:
(c) confession, admission
Question 8.
Ricasso was a painter who never sold even one of his paintings in his life. But after he died, his work became known as a new style of painting and was very sought after. Can Ricasso’s son and only heir claim copyright benefits for his father’s work?
(a) Yes, because he has inherited the rights of ownership from the original creator, his father.
(b) No, the rights belonged to Ricasso and ceased to exist after his death.
(c) Only the rightful legal representative of Ricasso can claim the rights.
(d) No, the rights devolve upon the state upon the death of the original artist.
Answer:
(a) Yes, because he has inherited the rights of ownership from the original creator, his father.
Question 9.
‘X’ enters into an agreement with ‘Y’ to share the profits by giving false assurance to public to get them a job in Singapore. The agreement is
(a) not enforceable as the agreement involves the fraudulent act of cheating.
(b) enforceable as an agreement to share profit is separate from the act of false assurance.
(c) enforceable as the parties are competent to contract.
(d) not enforceable as the agreement to share profit is separate from the act of false assurance.
Answer:
(a) not enforceable as the agreement involves the fraudulent act of cheating.
Question 10.
Assertion (A) The Attorney General is the first legal officer of the country.
Reason (R) The first Attorney General of India was M. C. Setalvad.
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
Question 11.
Match the decided cases with their judgements. (1)
| List I (Decided Case) | List II (Judgements) |
| A. Sukry Kurdepa v. Goondakull | 1. Whether trees can be regarded as movable or immovable depends upon the circumstances of the case. |
| B. Shantabai v. State of Bombay | 2. A sale of trees where they were cut and taken away was not that of immovable property. |
| C. Fatimabibi v. Arrfana Begum | 3. If a thing can change its place without any injury it is movable, otherwise immovable. |
| D. Marshall v. Green | 4. The fruit-bearing trees like Mango, Jackfruit, Jamun, etc. are not standing timber, and they are immovable properties. |
Codes
A B C D
(a) 1 3 2 4
(b) 2 4 3 1
(c) 3 1 4 2
(d) 4 2 1 3
Answer:
(c) 3 1 4 2
Question 12.
Choose one reason you would use to convince a private limited company trying to expand its business to convert to a public limited company.
(a) It is easier for the company to raise capital through the sale of shares to the public.
(b) It becomes more well-known.
(c) It gets regulated by the government.
(d) It becomes part of the Public Limited. Companies Association of India.
Answer:
(a) It is easier for the company to raise capital through the sale of shares to the public.
Question 13.
Consuming a product in line with the directions of the offer is a case of
(a) counter offer to claim reward
(b) cross offer that substitutes the original offer.
(c) acceptance by performing conditions of the offer.
(d) acceptance by performing conditions of one’s own choice.
Answer:
(c) acceptance by performing conditions of the offer.
Question 14.
Assertion (A) Ram, a 12 year old boy has the right to free education as all children between the age group of 6-14 years have a Fundamental Right to free and Compulsory Education.
Reason (R) Right to Education flows from Right to Life under Article 21.
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
Question 15.
A company wants to launch a new juice and distinguish itself from its competitors selling similar items. What kind of Intellectual Property right should it invoke to create a unique image for itself and distinguish itself from its competitors?
(a) Patent
(b) Copyright
(c) Trademark
(d) Trade secret
Answer:
(c) Trademark
Question 16.
Identify the type of mediation where a mediators act as guardian of the process, not content or the outcome. The parties in dispute control both what will be discussed and how their issues will be resolved. The mediator further provides a structure and agenda for the discussion.
(a) Evaluative mediation
(b) Facilitative mediation
(c) Transformative mediation
(d) Mediation with arbitration
Answer:
(b) Facilitative mediation
Question 17.
Assertion (A) Aroha, a student activist can’t be arrested or detained, without providing grounds for arrest under preventive detention laws.
Reason (R) Safeguards under Article 22 do not apply to persons arrested or detained under preventive detention laws.
Codes
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(d) Assertion (A) is false, but Reason (R) is true
Question 18.
In California, the responsibilities of regulating lawyers (admission, discipline, etc) with activities to support their members as a professional body lies with
(a) State Supreme Court
(b) Board of Bar Examiners
(c) Federal Court
(d) State Bar Association
Answer:
(d) State Bar Association
Question 19.
Under the recommendations of which committee was the Central Vigilance Commission set up?
(a) Venkatachaliah Committee
(b) Santhanam Committee
(c) Chandra Shekhar Committee
(d) Hanumant Rao Committee
Answer:
(b) Santhanam Committee
Question 20.
Raju wants to murder Ratna. He buys 20 tablets of a sleeping pill and keeps it in his drawer. He plans on administering it to Ratna the next day. Has Raju committed an offence?
(a) Yes, the intention of killing someone is terrible and is punishable.
(b) Yes, buying 20 tablets of sleeping pills constitutes an attempt to kill.
(c) No, intention and preparation alone do not give rise to any criminal liability.
(d) No, Ratna is evil and deserves to be killed.
Answer:
(c) No, intention and preparation alone do not give rise to any criminal liability.
SECTION B
Question 21.
Mr. Smith is a judge. During the court proceedings, he decides the manner in which evidence must be presented before the court and evaluates them. Identify the justice delivery mechanism to which Mr. Smith belongs. State two advantages of this system.
Answer:
The justice delivery mechanism to which Mr. Smith belongs is inquisitorial system.
The two advantages of an inquisitorial system are
(i) The system offers procedural efficiency as the active role of judges prevents delays and prolonged trials.
(ii) The system preserves equality between the parties as even the stronger party with more resources and expert lawyers may not be able to influence the judges.
Question 22.
Varsha, a law graduate who completed law from India, wants to practice law in New York. Advise her on the procedure to be followed in order to be eligible for practicing in New York. (2)
Answer:
In the USA, in order to be eligible for practicing law graduates need to meet all requirements, including writing the Bar Examination of a particular state. Students who have completed an LLM may qualify to sit for the bar exam in New York. The criteria for eligibility to take the bar examination are set by each States Bar Association.
Question 23.
Differentiate between the legal systems of India and Germany.
Or
Explain the role of the Supreme Court as an activist in the Indian judicial system.
Answer:
The difference between legal systems of India and Germany are
| India | Germany |
| Common Law Jurisdiction | Civil Law Jurisdiction |
| Adversarial system of justice dispensation | Inquisitorial system of justice dispensation |
Or
The Supreme Court as an activist in the Indian Judical System relaxed its locus standi (the right of a party to appear and be heard by a Court) and has permitted public spirited citizens and civil society organisations to approach the Court on behalf of the victims for better administration of justice. This has been possible through the judicial activism of the Supreme Court through Public Interest Litigation (Janhit Yachika).
Question 24.
A local factory owner has employed a 13 year boy, Bholu, in place of his father, who has fallen ill and wants Bholu to work to support the family’s income. Bholu had to drop out from school. Explain which, if any, Fundamental rights are being violated here. (2)
Answer:
Yes, Article 24 of Fundamental Right is prohibited in the case of Bholu as he is 13 years old boy. This article prohibits employment of children below the age of 14 years in factories, mining and other hazardous employment. Bholu has a Right to Education under Article 21 A. All children between the age group of 6-14 years have a Fundamental Right to Free and Compulsory Education.
Question 25.
Veer has a big farm house. He has tied up with Narula Tent House for hosting grand marriage and other functions. They give the rights to use the property to interested parties to hold their functions and parties. Identify the type of transfer. State any two features of such transfer. (2)
Answer:
Lease is the type of transfer in the above case.
The two features of lease transfer are
(i) The possession of the property transfers for a specific period.
(ii) The ownership of the property does not transfer.
Question 26.
A client has come to you alleging that his competing confectioner has stolen his jalebi recipe. As a legal advisor, advise whether the secret recipe of the jalebi can be classified as a trade secret?
Answer:
Yes, the secret recipe of the jalebi can be classified as a trade secret.
Trade secrets can include a wide range of confidential information that is important for the success and survival of a business. This information can be in the form of strategies, designs, client databases, formulas, programs, or any other confidential information that must be kept secret to maintain the competitive advantage of the business.
Question 27.
How are Human Rights and SDGs interlinked? Give an example.
Answer:
The Sustainable Development Goals (SDGs) and Human Rights are interlinked as over 90 per cent of the SDGs relate to human rights obligations. When a State makes progress towards achieving SDGs they move forward to fulfil their human rights obligations.
An example of SDG that is linked to Human Rights is Gender Equality SDG.
Question 28.
In India, the vehicle of LLP has gained a lot of traction during the last few years. This is evident from the fact that the number of active LLPs have risen to 2,13,014. There has been an annual growth of about 17 per cent in the number of LLPs incorporated during the fiscal year 2020-2021. State any three reasons why LLP is an advantageous form of business to set up for some businesses.
Answer:
Three reasons why LLP is an advantageous form of business to set up for some businesses are
(i) The terms and conditions of a LLP are based on a mutually agreed LLP agreement, providing greater flexibility and ease.
(ii) The cost of registering a LLP is lower than incorporating a public or private limited company.
(iii) There is no mandatory requirement for auditing accounts, and the LLP can raise funds from private equity investors and financial institutions.
SECTION C
Question 29.
Mr. A is an ambassador from Gosgoland who enters into an agreement with Mr. B in Delhi for the supply of 500 meters of silk cloth. The consignment is to be delivered by the first week of December, Mr. B fails to deliver the consignment. Mr. A initiates proceedings in Delhi for Breach of Contract against Mr. B. Decide if Mr. A will succeed. Elaborate on the reasons for the decision.
Or
A company brings out an orange cola in the market that is packaged in a bottle identical to the Cip-Kola bottle.
(a) Which form of Intellectual Property would protect Cip-Kola’s interests?
(b) What is the law governing the said protection in India?
(c) What are the characteristics of this type of Intellectual Property?
Answer:
In the given situation, Mr. A will not succeed in bringing a suit for Breach of Contract against Mr. B.
One of the essentials of a valid contract as mentioned under Section 10 ICA is that the parties must be competent to contract. The foreign sovereigns are incompetent to contract for being disqualified by law, as per the provisions of ICA. Therefore, any agreement between Mr. A and Mr. B cannot be a contract because of being entered into by a person disqualified by law.
Or
(a) Design Intellectual Property
(b) The Designs Act, 2000
(c) Design Intellectual Property refers to original and unique creations of the mind that can be used commercially. A design right protects the original and aesthetically unique appearance of a manufactured item, as long as it is new and not obvious. This type of patent only covers the ornamental aspects and does not extend to the functional or structural elements.
Question 30.
Ram Babu attempted suicide with his wife and two daughters by consuming poisoned food that was administered to the family by him. Unfortunately, he survived. Ram Babu is charged with an attempt at suicide and the murder of his wife and children. He is presented before the sessions court for trial. He does not have the resources to represent himself.
(a) According to the provision of Sections 11 and 12 of the Legal Services Authorities Act, 1987, who all are eligible to get legal aid? Does Ram Babu qualify for legal aid under the provisions?
(b) What alternate remedy is available with Ram Babu?
Answer:
(a) According to the provision of Sections 11 and 12 of the Legal Services Authorities Act, 1987 eligible party, to get legal aid under legal service authorities act are
(i) A member of a Scheduled Caste or Scheduled Tribe,
(ii) A victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution,
(iii) A women or a child,
(iv) A mentally ill or otherwise disabled person, (v) An industrial workman.
(b) Section 304(1)of CrPC, 1973 provides that: In a trial before the sessions judge, if the accused does not have sufficient means to engage a pleader, the court should assign a pleader for his defense at the expense of the State.
Question 31.
‘In 1946, the General Assembly of the United Nations, enacted the Statute of the ICJ which gave rise to the institution to render Justice at The Hague, Netherlands.’
(a) Identify the institution and who are its members.
(b) What is its role?
(c) Explain the jurisdiction of the institution.
Answer:
(a) The institution is the International Court of Juptice (ICJ), also known as the World Court. It is the principal judicial organ of the United Nations.
Under Article 93 of the United Nations Charter, all members of the UN are party to the statute of the ICJ by default and non-members may also become parties under this article.
(b) The ICJ settles legal disputes submitted to it by states in accordance with international law arid gives advisory opinions on international legal issues from UN bodies and agencies.
(c) The jurisdiction of ICJ is that the judgement by the ICJ is final, binding on the parties to a case and without appeal.
The ICJ has no enforcement powers, but if states don’t comply, the Security Council, the organ of the UN primarily responsible for maintaining peace and security, may take action.
Question 32.
What does NCPCR stand for and what are its aims and objectives?
Answer:
NCPCR stands for the National Commission for Protection of Child Rights.
The aims and objectives of NCPCR are that the commission’s mandate is to ensure that all laws, policies, programs and administrative systems conform to the vision of the rights of the child as enunciated in the Constitution of India as well as the United Nations Convention on the Rights of the Child. A child is defined as a person falling in the age group of 0 to 18 years.
NCPCR emphasises the principle of universality and inviolability of child rights and recognises the tone of urgency in all the child related policies of the country.
Question 33.
Compare the State Bar Councils with the Bar Council of India, giving any three functions of each.
Answer:
State Bar Council The Advocates Act, 1961 has created a State Bar Council in each State with the Advocate General of the State as an exofficio member, and 15-25 members elected for a period of five years.
The three functions of a State Bar Council are
(i) to admit persons as advocates on its roll;
(ii) to entertain and determine cases of misconduct against advocates on its roll;
(iii) to safe guard the rights, privileges and interest of advocates on its roll.
Bar Council of India The Bar Council of India performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.
The three functions of the Bar Council of India are
(i) To lay down the procedure to be followed by its disciplinary committee and the disciplinary committees of each State Bar Council. To safeguard the rights, privileges and interests of advocates.
(ii) To deal with and dispose of any matter which may be referred to it by a State Bar Council.
(iii) To promote legal education and to lay down standards of legal education. This is done in consultation with the Universities in India imparting legal education and the State Bar Councils.
Question 34.
With respect to India, answer the following questions.
(a) Identify the anti-corruption ombudsman in India and in the Indian States.
(b) State the composition and function of the anti-corruption ombudsman in India.
(c) Identify the Banking and Insurance Ombudsman in India and state its role.
Or
Two companies manufacturing health drinks had a dispute over manufacturing techniques. They want to resort to alternate dispute resolution to solve their dispute rather than going for traditional litigation.
(a) Suggest the most suited mechanism.
(b) Explain the procedure and compare the decision rendered under the suggested ADR mechanism and court order.
Answer:
(a) Lokpal (caretaker of people) is an anticorruption ombudsman in India. The Lokayukta (appointed by the people) is a similar anti-corruption ombudsman organisation in the Indian states.
(b) The Lokpal shall consist of a chairperson who has been a Chief Justice of India or is or has been a Judge of the Supreme Court or is an eminent judicial member of impeccable integrity and outstanding ability having special knowledge and expertise of not less than 25 years in matters relating to anti-corruption policy, public administration, vigilance or finance.
The legislation aims to combat acts of bribery and corruption of public-servants.
(c) The Government of India has designated several ombudsmen (sometimes called Chief Vigilance Officer (CVO)) for the redress of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations.
Or
(a) Arbitration is the most suited mechanism to solve the dispute rather than going for traditional litigation.
(b) The process of dispute resolution through arbitration is confidential, unlike the court proceedings which are open to the public. This feature of arbitration makes it popular especially for commercial disputes where business secrets revealed during the process of dispute resolution are protected and preserved. The decision rendered by an arbitrator is known as an arbitral award. Similar to a judgement given by a judge, the arbitral award is binding on the disputing parties. Once an arbitral award is rendered, it is recognised enforced akin to a court pronounced judgement or order. However, unlike a judgement rendered by a judge in the court the award does not hold precedential value for future arbitrations.
Question 35.
Aman was convicted under Section 302 of IPC for having committed the murder of his wife Ritu. The judgement of the trial court is based on the dying declarations made by Ritu to the police officer and Metropolitan Magistrate who visited the hospital later on. Can the accused Aman be convicted solely on the basis of the dying declaration given by his wife Ritu? Explain with the help of a relevant case.
Answer:
Dying Declaration is a legal concept that refers to the statement which is made by a dying person explaining the circumstances of his death. It is a statement by a person who is conscious and knows that death is imminent concerning what he believes to be the cause or circumstances of his death. It is also considered credible and trustworthy evidence based upon the general belief that most people who know that they are about to die “do not lie”. Hence, Aman can be convicted solely on the basis of the dying declaration given by his wife Ritu.
The propositions laid down by the Supreme Court in K.R. Reddy v. the Public Prosecutor SC 1976 AIR 1994 are as follows
The Court must be satisfied that the deceased was in a fit state of mind to make the statement after the deceased had a clear ‘ opportunity to observe and identify his assailants and that he was making the statement without any influence.
Once the Court is satisfied that the dying declaration is true and voluntary it can be sufficient to found the conviction even without any further verification.
Question 36.
‘A’ has litigation in determining the title of the property with ‘X’, though the possession of the property is with ‘A’. During this period, ‘A’ initiates a sale of the same property in favour of ‘B’.
(a) Can ‘X’ challenge this transfer? Give reason.
(b) What will be the status of ‘B’ in this transaction? Explain with the help of a decided case.
Answer:
(a) Yes, ‘X’ challenge the transfer of property as the transfer is made during the pending litigation.
(b) ‘B’ is a third party in the transaction. In the case of the SC observed that Section 52 of the Act does not declare a pendente lite transfer by a party to the suit as void or illegal, but only makes the pendente lite purchaser bound by the decision of the pending litigation. In the case of Hardev Singh v Gurmail Singh.
SECTION D
Question 37.
Answer the following.
(a) Explain the two major initiatives undertaken under the international scenario for the protection of the environment.
(b) Write any three functions of the Central Pollution Control Board constituted under the Water Prevention and Control of Pollution Act, 1973.
Or
A client has come to you for legal advice. He is looking to start a business. He is inclined to start a sole proprietorship firm. But on the other hand, he also has an interested investor who can come on as a partner.
(a) Discuss two advantages and disadvantages of each of the legal entities i.e. sole proprietorship and partnership.
(b) State the methods of dissolution of each of the legal entities i.e. sole proprietorship and partnership.
Answer:
(a) Two major initiatives undertaken under the international scenario for the protection of the environment are
(i) Rio Declaration The United Nations Conference on Environment and Development (UNCED), also known as the Earth Summit’ was held in Rio de Janerio, Brazil in 1992.
The objective of Rio ‘Earth Summit’ was to formulate a blueprint for global action on environment and development issues. It recognised that integrating and balancing the economic, social and environmental concerns in meeting our needs is vital for sustaining human life on the planet Earth.
(ii) Agenda 21 was one of the most daring programs calling for action strategies. It focussed on new methods of education, new ways of preserving natural resources and new ways of participating in a sustainable economy. The implementation of Agenda 21 was reaffirmed in the World Summit on Sustainable Development held in Johannesburg, in 2002.
Agenda 21 focuses on Community Participation as one of the major prerequisites for sustainable development.
(b) The three functions of the Central Pollution Control Board constituted under the Water Prevention and Control of Pollution Act of 1973 are
(i) Advise the Central Government on any matter concerning prevention and control of water and air pollution and improvement of the quality of air,
(ii) Plan and cause to be executed a nationwide program for the prevention, control or abatement of water and air pollution,
(iii) Coordinate the activities of the State Board and resolve disputes among them.
Or
(a) The two advantages of Sole Proprietorship
(i) Owner makes all decisions and is in complete control of the company.
(ii) The business does not pay separate taxes. All income passes directly to the owner and is taxed at the owners personal tax rate.
The two disadvantages of Sole Proprietorship are
(i) Unlimited liability if anything happens in the business.
(ii) Limited funds and resources.
The two advantages of Partnership axe
(i) Easy to establish (with the exception of developing a partnership agreement).
(ii) Separate legal status to give liability protection.
The two disadvantages of Partnership are
(i) Partners are jointly and individually liable for the actions of the other partners.
(ii) Profits must be shared with the partners.
(b) Methods of dissolution of sole proprietorship and partnership are
Sole proprietorship is dissolved as the business is owned and controlled by one person, death, insanity, imprisonment, physical / mental incapacity or bankruptcy will have a direct impact on the business and lead to its closure.
Partnership firm can be dissolved by way of compulsory dissolution or by way of agreement.
Question 38.
The heads and representatives of various nations including India met at an international conference, to come up with a resolution between the member countries regarding environmental protection. Indian representatives headed for consent subject to approval by the Indian Parliament. The Parliament, upon considering the matter, refused to give assent and thus the terms of the resolution were not implemented in India.
(a) Identify the mode of entering into the (5) treaty opted in the above scenario.
(b) Analyse the situation and explain when it would be binding on the Indian
representative to give assent to the resolution.
(c) If the above resolution affected the rights of Indian citizens, then how can such a treaty be implemented in India? Cite the relevant judgement.
Or
A dispute arose between three neighbouring nations Solera, Navratsia and Alkotsia regarding the ‘delimitation’ of the area of the continental shelf in the Gratsia Sea. Both Solera and Navratsia submitted their individual disputes with Alkotsia to the International Court of Justice. The case involved agreements amongst the three nations regarding the delimitation of areas, rich in oil and gas, of the continental shelf in the North Sea.
In the above dispute, explain the source/s and principles of international law that will be applied by the International Court of Justice (ICJ) in reaching a decision.
Answer:
(a) The mode of entering into the treaty is Consent by Ratification.
(b) In certain cases, treaties may be given force by way of sigr ures of representatives who have been given the full powers, i.e. authorization in writing from their state to be able to take decisions on its behalf.
(c) If a treaty or international agreement restricts the rights of the citizens or modifies the laws of the state, it would be required to have a legislative measure to be implemented in India.
For example, if India is a party to an international agreement to stop the killing of a species of turtle, it restricts the right to trade of certain fishermen by prohibiting killing of the turtle.
If this treaty is to be enforced in India, the Indian Parliament needs to pass a domestic legislation regarding prohibition of the killing of such turtle species.
Or
The sources and principles oi international law that will be applied by the International Court of Justice in the case of North Sea Continental Shelf are State practice (objective element) and opinion juris (subjective element). According to Article 38(1) (b) of the Statute of ICJ, both principles are essential pre-requisite for the formation of a customary law rule. In these cases, the Court explained the criteria necessary to establish State practice widespread and representative participation. It highlighted that the practices of those States whose interests were specially affected by the custom were especially relevant in the formation of customary law. It also held that uniform and consistent practice was necessary to demonstrate opinio juris. Opinio juris is the belief that State practice amounts to a legal obligation. The North Sea Continental Self Cases also dispelled the myth that duration of the practice (i.e. the number of years) was an essential factor in forming customary international law.
Question 39.
Why is legal aid important in the adversarial system of justice dispensation? Explain the relevance of 1973, 1976, 1980, 1987 in the development of legal services in the Indian judicial system.
Answer:
Legal aid means to give legal assistance to people with economic and other disability. Under adversarial system, the legal process is complex with many formalities and paper work and fees of the advocate. If there is no provision for free legal aid that would keep the people who cannot afford the legal assistance away from justice which can lead to unrest in the society.
The relevance of 1973, 1976, 1980, 1987 in the development of legal services in the Indian Judicial system are :
(i) In 1973, in the second phase, the Union Government constituted a committee under the chairmanship of Justice Krishna Iyer to develop a legal aid scheme for states. The committee devised a strategy in a decentralised mode with legal aid committees in every district, state and center. A committee on judicature was set up under the chairmanship of Justice P N Bhagwati to implement the legal aid scheme. This committee suggested legal aid camps and nyayalayas in rural areas and recommended the inclusion of free legal aid provisions in the Constitution.
(ii) In 1976, India ratified ICCPR and as a result Article 39A was inserted as DPSP in the Constitution that makes the state responsible to create new rules, laws and other legislations to provide free legal aid to people with economic and other disabilities.
(iii) In 1980, the Committee on National Implementation of Legal Aid was constituted with Justice Bhagwati as its head.
(iv) The Parliament enacted the Legal Services Authorities Act, 1987 to provide free legal aid to certain categories of citizens.
Question 40.
Explain the key differences between admission and confession.
Or
“A common misconception is that motive and intention are the same concepts when it comes to crime.” Consider the statement given above and explain the concept of ‘Intent’ and ‘Motive’ in terms of criminal law with the help of relevant case laws.
Answer:
The difference between confession and admission are –
| Confession | Admission |
| 1. Sections 24 to 30 of Indian Evidence Act deal with confession. A confession is only a species of admission. | 1. Sections 17 to 31 of Indian Evidence Act deal with admission. Since the provisions relating to confessions occur under the heading admission, it follows that the word admission is more comprehensive and includes a confession also. |
| 2. If a statement is made by a party charged with crime, in criminal proceedings it will be called confession. | 2. If a statement is made by a party in civil proceedings it will be called admission. |
| 3. Confession is a statement made by an accused person which is sought to be proved against him in criminal proceedings to establish the commission of an offence by him. | 3. The admission means voluntary acknowledgment of the existence or truth of a particular fact. |
| 4. If the confession made is free and voluntary then it may be accepted as conclusive proof of the matters confessed. | 4. Admissions are not conclusive proof as to the matters admitted. |
| 5. By virtue of the provision in Section 30 , the confession of an accused person is relevant against all his co-accused who are being tried with him for the same offence. | 5. In admission, statements of a co-plaintiff or those of a co-defendant are no evidence against the others. |
Or
Intent in criminal law means something that is done wilfully and not accidentally or mistakenly. The person doing the act is well aware of the consequences or the outcomes of his action or omission.
If the act which is prohibited (actus reus) is done wilfully, knowingly or with awareness of the resulting consequences then the same will cause liability in criminal law.Motive, on the other hand, is the ulterior objective behind doing an act. It is the driving force behind intention or commission of an act. The criminal law does not take into account motive in affixing criminal liability or in determining criminal culpability. This is the reason why the criminal law does not care whether one has stolen a loaf of bread to feed a starving person or stolen medicine to save someone’s life, as long as it is a prohibited act, done knowingly.
The case law related to intention is Re Sreerangayee Case (1973). In this case, the woman in sheer destitution and impoverishment attempted to kill herself after failing in all the ways to arrange for food for her starving children, but since she knowingly did a prohibitive act of attempting suicide, she was held guilty by the court.
The case law related to motive is the case of Nathuni Yadav and Ors vs State of Bihar and another (1997) In this case, the Court held that motive for doing a criminal act is generally a difficult area for prosecution. One cannot normally see into the mind of another. Motive is the emotion which impels a man to do a particular act.
The Court further stated that motive is a psychological phenomenon. The motive for an offence is not required to be necessarily proportionately grave to commit the grave offence. Therefore, establishing a sufficient motive for committing the offence is not a prerequisite for conviction.