Law CSS Paper I 2008

Time allowed: Part-I 30 Minutes MAXIMUM MARKS:20
Part-II 2 Hours & 30 Minutes MAXIMUM MARKS:80

i: First attempt PART –I (MCQ) on separate Answer sheet which shall be taken back after 30 minutes
ii: Overwriting/cutting of the options/answers will not be given credit.

Q.1. Select the best option/answer and fill in the appropriate box on the Answer Sheet. (20)

i. The concept of Res-judicata is available in:
(a) section 9 (b) section 11 (c) section12 (d) none of these

ii. In cases wherein the subject-matter is more than 30 lacs appeal against appellate decree lies before:
(a) District court (b) High court (c) Supreme court (d) Any of these

iii- review can be filed before:
(a)same court of original jurisdiction (b) district court (c) High court (d) Supreme court

iv- defendant is the person who:
(a) files a suit (b) delays a suit (c) defends a suit (d) none of these

v- Appeal against decree is available on the ground of:
(a) Questions of fact (b) Questions of law (c) Mixed questions of law and fact (d) All of these

vi- A suit means:
(a) Any criminal proceeding in a court of law (b) A cause of action (c) Any civil proceeding, being part of a plaint (d) None of these

vii- Revisional jurisdiction is available to:
(a) District court (b) High court in its original jurisdiction (c) Supreme court (d) None of these

viii- Agency contract is created by:
(a) express agreement (b) implied agreement (c) ratification (d) all of these

ix- Pledge is a:
(a) contract of bailment (b) contract of indemnity (c) contract of agency (d) none of these

x- these are the contracts wherein there is ni need of consideration :
(a) agreement to compensate past voluntary services (b) agreement to time barred debt (c) none of these (d) in both (a) & (b)

xi- all the agreements are contracts:
(a) if they are on stamp paper (b) if they are made by the free consent of the parties (c) if they are registered (d) none of these

xii- under the effect of fraud the contract would be:
(a) voidable (b) void (c) unenforceable (d) none of these

xiii- Tort(word) is derived from the:
(a) latin language (b) greek language (c) French language (d) English language

xiv- how many constitutes of torts are stated by legal thinkers:
(a) 3 (b) 4 (c) 5 (d) None of these

xv- Rylands vs. Fletcher case was about:
(a) negligence (b) nuisance (c) strict liability (d) none of these

xvi- libel and slander are kinds of:
(a) damnum sine injuria (b) defamation (c) discharge of torts (d) none of these

xvii- assault and battery are kinds of :
(a) trespass to person (b) malicious prosecution (c) force majeure (d) none of these

xviii- any thing done to hurt or annoyance of the lands and not amounting to trespass is termed as:
(a) negligence (b) Nuisance (c) Malicious prosecution (d) All of these

xix- incorporeal rights include:
(a) easements (b) trade marks (c) patent and copy right (d) all of these

xx- when license and authority is given to hurt , doing the same it becomes:
(a) trespass ab initio (b) injuria sine damnum (c) Volenti non fit injuria (d) None of these

(i) Part-II is to be attempted on the separate Answer Book.
(ii) Attempt only FIVE questions from PART II selecting at least ONE question from each section, all questions carry EQUAL marks.
(iii) Extra attempt of any question or any part of the attempted question will not be considered.

Section-I (civil procedure civil)

Q2. write an exhaustive summary on the particulars that should be contained in a plaint (order 7 rule 1 CPC) (16)

Q3. write a detailed note on concept of jurisdiction with reference to (Section 9): ( 16)
(a) subject matter jurisdiction (b) pecuniary jurisdiction (c) territorial jurisdiction (d) inherent jurisdiction (e) original jurisdiction

Q4. Explain the difference between first and second appeal against decree. State the distinguishing features. (16)

Section II (the Contract Act)
Q5.critically evaluate the remedies available to a party who discovers that a Contract has been founded on a misrepresentation. (16)

Q6.Explain and discuss the essentials of a valid contract? (16)

Q7. Explain any FOUR of the following terms: (16)
(a) novation (b) severability (c) force majeure (d) waiver (e) confidential information (f) indemnity

Section III (Law of Torts)
Q8. what are the essentials of the Tort of negligence. Highlight the standard of care in the context of duty of care? (16)

Q9. Write short notes on: (16)
(a) defenses in torts (b) ubi jus Ibi remedium (c) injuria sine damnum

Q10. what do you understand by trespass to person? In line with the case law, discuss false imprisonment.