Contract mid sem

### Q1.

**A. All contracts are agreements, but all agreements are not contracts. Do you agree to the above
statement? Explain in context with the essential elements of a contract under the Indian Contract Act,
1872.**

Yes, I agree with the statement. Not all agreements are contracts, but all contracts are agreements. To
better understand this, we need to look at the definition of a contract under Section 2(h) of the Indian
Contract Act, 1872. It defines a contract as “an agreement enforceable by law.”

An **agreement** is simply the meeting of minds between two or more parties, where one party
makes a proposal or offer and the other party accepts it. However, not every agreement becomes a
contract. For an agreement to become a **contract**, it must fulfill certain essential elements:

1. **Offer and Acceptance**: One party must make an offer, and the other must accept it.

2. **Intention to Create Legal Relations**: The parties must intend to create a legally binding
relationship.

3. **Consideration**: There must be something of value exchanged between the parties, such as
money, goods, or services.

4. **Capacity to Contract**: Both parties must be of legal age and sound mind.

5. **Free Consent**: The agreement must be made without coercion, fraud, misrepresentation, or
undue influence.

6. **Legality of Object**: The object or purpose of the contract must be lawful.

7. **Possibility of Performance**: The terms of the contract must be capable of being performed.

If any of these elements are missing, the agreement will not be a contract.
---

**B. What is meant by the "doctrine of undue influence" in contract law and how does it affect the
validity of contracts?**

The **doctrine of undue influence** refers to a situation where one party uses their position of power
or authority to exert pressure on the other party, which leads to an unfair agreement. This could involve
a person in a dominant position (e.g., a parent, guardian, or employer) influencing a weaker party (e.g.,
a child, employee, or dependent) to enter into a contract that is not in their best interest.

Under Section 16 of the Indian Contract Act, a contract is said to be induced by undue influence if the
consent of the party is obtained by taking advantage of their position of trust or authority. If a contract
is entered into under undue influence, it can be **voidable** at the option of the influenced party.

For example, if a person in a position of authority forces an employee to sign a contract with terms
unfavorable to the employee, the employee may challenge the contract based on undue influence.

---

**C. Explain the term Contingent contract with reference to the Indian Contract Act, 1872 with the help
of examples. Also, discuss the rules relating to the enforcement of a contingent contract.**

A **contingent contract** is defined under Section 31 of the Indian Contract Act as a contract whose
performance depends on the occurrence of a specific event, which may or may not happen. The event
must be uncertain and cannot be under the control of the parties involved.

**Example of a contingent contract**:

- A promises to pay B ₹10,000 if it rains tomorrow. This is a contingent contract because the payment
depends on the event of rain occurring.
### Rules relating to the enforcement of contingent contracts:

1. **Uncertainty of the event**: The event must be uncertain and not within the control of either party.

2. **Non-performance of the event**: If the event does not happen, the contract does not have to be
performed.

3. **Immediate performance on happening of the event**: If the event happens, the contract must be
performed immediately.

For instance, in the above example, if it rains tomorrow, the contract becomes enforceable, and A must
pay ₹10,000 to B.

---

**D. Explain the following statements in the light of provisions of Indian Contract Act, 1872:**

**i. Agreements made out of love and affection are valid agreements.**

Under Section 25 of the Indian Contract Act, an agreement made out of love and affection may be valid
if it is **made without consideration** and is **written** and **registered**. Typically, agreements
without consideration are not enforceable, but in certain circumstances (such as love and affection
between family members), they may be valid if these conditions are met.

For example, if a father promises to give his property to his son out of love and affection, and the
agreement is written and registered, it could be enforceable.

**ii. Promise to pay a time-barred debt cannot be enforced.**

A promise to pay a debt that has become **time-barred** (i.e., the period within which the debt must
be legally enforced has expired) is not enforceable under the **Limitation Act, 1963**. However, if the
debtor voluntarily acknowledges the debt or promises to pay it, the promise is enforceable **if the
promise is made in writing**.

For example, if a person owes ₹10,000 and the debt is time-barred, but the person later promises to
repay it in writing, the promise is enforceable under law.

---

### Q2.

**A. Concept of minor's agreement and how the Indian Contract Act, 1872 deals with the same.**

Under Section 11 of the Indian Contract Act, a **minor** (a person under 18 years of age) is not
competent to enter into a contract. Any contract made by a minor is **void ab initio**, meaning it is not
valid from the start.

However, there are exceptions where minors can be involved in agreements:

1. **Beneficial Contracts**: If a minor enters into a contract that is for his or her benefit (like a contract
of employment or apprenticeship), it may be enforceable.

2. **Ratification**: A contract made by a minor cannot be ratified once the minor attains majority.

For example, if a minor buys goods from a shopkeeper, the minor can refuse to pay, and the contract
will not be enforceable.

---
**B. Standard form of contracts and explain real-life examples where you come across the standard
form of contracts.**

A **standard form contract** (also called a **contract of adhesion**) is a pre-prepared contract where
the terms are set by one party, and the other party has little or no ability to negotiate the terms. These
are commonly used in situations where a large number of contracts are entered into by consumers or
businesses.

Examples include:

- **Insurance policies**: The terms and conditions are set by the insurance company, and the buyer
either agrees to the terms or does not purchase the insurance.

- **Software licenses**: The terms of use and licensing agreements for software are usually non-
negotiable and must be accepted by the user to use the software.

---

**C. Implications of contracts that are tainted with fraud.**

A contract that is tainted with **fraud** is considered **voidable** at the option of the party whose
consent was obtained by fraudulent means. Under Section 17 of the Indian Contract Act, fraud occurs
when one party intentionally deceives the other to induce them to enter into a contract.

**Implications** of a contract tainted with fraud:

1. **Voidable contract**: The deceived party can either **affirm** or **disaffirm** the contract.

2. **Compensation**: The defrauded party can claim compensation for any loss suffered due to the
fraud.

3. **Restitution**: The deceived party can ask for restitution of any benefit gained by the fraudulent
party.
For example, if a person sells a car to another by misrepresenting the car's condition, the buyer can
cancel the contract and seek compensation for any loss.

---

### Q3. Short Questions

**1. P offers to sell his car to Q for ₹50,000. Q says he will think about it and get back to P later. Is there
a valid contract between P and Q?**

No, there is no valid contract between P and Q. For a contract to be formed, Q must accept P's offer.
Since Q has only said that he will think about it and get back to P later, this is not an acceptance.

**2. X and Y agree to a contract for the sale of illegal drugs. What is the status of this agreement under
contract law?**

The agreement is **void** because it involves an illegal object. Under Section 23 of the Indian Contract
Act, contracts that have an unlawful object or consideration are void.

**3. A contracts with B to sell his house, but B was misled about the house's condition. Can B avoid the
contract?**

Yes, B can avoid the contract. If B was misled about the house's condition due to misrepresentation
(false statement made by A), the contract can be **rescinded** by B.

**4. M offers to sell his painting to N and later revokes the offer before N accepts. Is M's revocation of
the offer valid?**

Yes, M’s revocation is valid. An offer can be revoked anytime before it is accepted by the other party.
**5. A forces B to sign a contract under threat of violence. What is the status of the contract?**

The contract is **voidable** at B's option, as it is made under **coercion** (Section 15). Coercion
includes threats of violence, and contracts made under coercion are not enforceable.

**6. S offers T to sell his mixer grinder for ₹1000. T asks S that he is ready to buy the mixer grinder but at
₹800. Is it a valid offer? What kind of offer is this?**

No, it is not a valid offer. This is a **counteroffer**,

Special contract mid sem

### Q1.

#### A. Define the Contract of Guarantee and explain in detail the rights of Surety as per the Indian
Contract Act, 1872.

**Contract of Guarantee:**

A contract of guarantee is an agreement between three parties where one party (the surety) agrees to
be responsible for the debt or obligation of another party (the principal debtor) to a third party (the
creditor), in case the principal debtor fails to perform or pay as per the agreement. It is governed under
Sections 126 to 147 of the Indian Contract Act, 1872.

**Rights of Surety:**

1. **Right of Subrogation (Section 140):**

After paying the debt of the principal debtor, the surety has the right to step into the shoes of the
creditor and claim the amount from the principal debtor. This right allows the surety to recover from the
principal debtor any money they paid on their behalf.

2. **Right to Indemnity (Section 145):**

The surety has the right to be indemnified by the principal debtor for any loss they may suffer because
of the guarantee. This means the principal debtor must reimburse the surety for any payment made to
the creditor.

3. **Right to Set-off:**

If the principal debtor has any money due from the creditor, the surety can claim to set-off any
amount they paid from such dues.

4. **Right to Demand Payment from Principal Debtor:**

 If the surety has paid the debt to the creditor, they have the right to demand the amount from the
principal debtor.

5. **Right to Information (Section 148):**

The surety has the right to be informed by the creditor if the principal debtor makes any changes to
the terms of the original contract, or if the creditor releases the principal debtor from liability.

#### B. Briefly explain the four main types of partnerships recognized under the Indian Partnership Act,
1932. How do these types affect the liability of partners?

**Types of Partnerships:**

1. **General Partnership:**

In a general partnership, all partners share equal responsibility for managing the business and are
jointly and severally liable for the debts and obligations of the partnership. This means that if the firm
cannot pay its debts, any partner can be held personally liable for the full amount.

2. **Limited Partnership:**

A limited partnership consists of at least one general partner and one limited partner. The general
partner manages the business and has unlimited liability, while the limited partner’s liability is restricted
to the amount they have invested in the partnership.

3. **Partnership at Will:**

A partnership at will is one where the partnership continues indefinitely unless a partner decides to
dissolve it by giving notice. Partners have the freedom to exit the partnership at any time without
needing a specific cause.

4. **Particular Partnership:**

A particular partnership is formed for a specific purpose or for a specific duration. It ends when the
purpose is achieved or the duration expires.
**Effect on Liability:**

- In a **general partnership**, all partners are personally liable for business debts.

- In a **limited partnership**, only the general partner has unlimited liability, while the limited partner's
liability is limited to their investment.

- In a **partnership at will**, liability is the same as in a general partnership.

- In a **particular partnership**, liability ends once the specified purpose or duration is completed, but
during the partnership’s existence, all partners share liability.

#### C. Explain the concept of a Contract of Indemnity and discuss the rights and duties of the
Indemnifier under Indemnity.

**Contract of Indemnity:**

A contract of indemnity is an agreement where one party (the indemnifier) promises to compensate
another party (the indemnity holder) for any loss or damage suffered due to a specified event or action.
It is governed by Sections 124 and 125 of the Indian Contract Act, 1872.

**Rights of the Indemnifier:**

1. **Right of Recourse:**

The indemnifier has the right to recover the amount paid for indemnifying the loss, from the person
who caused the loss, if the indemnifier has paid it on behalf of another party.

2. **Right to Claim Reimbursement:**

The indemnifier can claim reimbursement from the indemnity holder if the indemnity holder has
already been compensated for the loss.

**Duties of the Indemnifier:**

1. **Duty to Compensate for Loss:**

 The indemnifier must compensate the indemnity holder for any loss or damage suffered due to the
event covered by the indemnity agreement.

2. **Duty to Act in Good Faith:**

The indemnifier must ensure that the indemnity contract is clear, fair, and executed in good faith.

#### D. Describe five key relationships between partners under the Indian Partnership Act, 1932, and
how they affect the functioning of the partnership.

1. **Relationship of Mutual Agency (Section 19):**

Each partner acts as an agent for the partnership and for other partners. This means that any act or
decision made by one partner binds the other partners, provided it is in the course of the business.

2. **Fiduciary Relationship (Section 16):**

Partners must act in good faith and not put their own interests above the partnership's interests. They
owe a duty of loyalty and honesty towards each other.

3. **Joint Liability (Section 25):**

Partners are jointly liable for the debts of the partnership. If one partner cannot pay their share, the
others may be required to cover the shortfall.

4. **Duty to Share Profits and Losses (Section 13):**

Partners must share profits and losses equally unless otherwise agreed upon in the partnership deed.
This ensures fairness in the partnership’s operations.

5. **Right to Inspect and Copy Partnership Books (Section 15):**

Each partner has the right to access and inspect the partnership’s accounts, records, and books,
ensuring transparency in the functioning of the partnership.
---

### Q2.

#### A. Explain the concept of 'Mutual Agency', with relevant section.

**Mutual Agency (Section 19 of the Indian Partnership Act, 1932):**

Mutual agency means that each partner in a partnership is both an agent and a principal. This means
that any partner can bind the other partners by acting within the scope of the partnership business. The
actions or decisions made by one partner can legally affect the entire partnership, as long as it is in the
course of the business.

For example, if one partner signs a contract on behalf of the partnership, the other partners are bound
by it, even if they were not directly involved in the decision.

#### B. Discharge of Surety from Liability by Invalidation of the Contract

A surety may be discharged from their liability if the contract of guarantee becomes invalid due to
various reasons:

1. **Material Alteration:**

If the terms of the original contract between the creditor and the principal debtor are altered without
the consent of the surety, the surety is discharged from liability.

2. **Failure of Consideration:**

If the consideration for the contract fails, the surety is not liable to pay.

3. **Revocation of Guarantee:**
 If the guarantee is revoked or the principal debtor is released from liability by the creditor, the surety
is discharged.

#### C. Revocation of Continuing Guarantee

A continuing guarantee can be revoked by the surety at any time. However, it does not affect past
transactions that were guaranteed before the revocation. For example, if a surety revokes their
guarantee for future transactions, they are no longer liable for debts incurred after the revocation but
will remain liable for past debts.

---

### Q3. True or False with reason.

#### 1. **A partner can bind the firm by an act in an emergency to protect it from loss even if it exceeds
their authority under Section 22 of the Indian Partnership Act, 1932.**

**True.**

Under Section 22, a partner can bind the firm in an emergency situation, even if the act exceeds their
usual authority, provided it is done to protect the firm from loss. The firm is still bound by such acts.

#### 2. **A surety remains liable for transactions even if the contract of guarantee is materially altered
without their consent.**

**False.**

As per Section 133 of the Indian Contract Act, if a contract of guarantee is materially altered without the
consent of the surety, the surety is discharged from liability.
#### 3. **In every contract of guarantee, there is an implied promise by the principal debtor to
indemnify the surety.**

**True.**

There is an implied promise by the principal debtor to indemnify the surety for any loss they may suffer
if the surety has to pay the debt of the principal debtor.

#### 4. **If a partner in a firm misappropriates the firm's funds, the other partners are jointly and
severally liable to make good the loss under Section 25 of the Indian Partnership Act, 1932.**

**True.**

Under Section 25, if a partner misappropriates the firm's funds, the other partners are jointly and
severally liable to make good the loss caused by such actions.

#### 5. **The bailee is entitled to any compensation for the expenses and trouble taken to keep the
goods safe and find the owner, as per Section 169 of Indian Contract Act, 1872.**

**True.**

Section 169 of the Indian Contract Act, 1872, provides that the bailee is entitled to compensation for any
trouble or expense incurred in keeping the goods safe or returning them to the owner.

#### 6. **The bailee must use the goods only for the authorized purpose under the contract of
Bailment.**

**True.**

The bailee must use the goods strictly for the purpose specified in the contract of bailment. If the bailee
uses the goods for any other purpose, they may be liable for any loss or damage.
Constitutional Law I mid sem

### Q1

#### A. **Discuss in detail how Article 21 of the Constitution of India has expanded its ambit in 75 years
of its origin.**

Article 21 of the Indian Constitution guarantees the **Right to Life and Personal Liberty** and states:
*"No person shall be deprived of his life or personal liberty except according to procedure established
by law."* Over the last 75 years, the interpretation of this Article has evolved, expanding its scope
significantly through judicial activism.

Initially, the meaning of *life and personal liberty* was understood narrowly, focusing on physical
protection from harm. However, in landmark rulings, the **Supreme Court** expanded its scope to
include various rights that are essential for a dignified life. Some of the key developments include:

- **Maneka Gandhi v. Union of India (1978):** This case widened the interpretation of *'life and
personal liberty'* by asserting that the procedure established by law should be fair, just, and
reasonable. It expanded the right to include not just physical safety but also other fundamental rights,
such as freedom of movement and protection from arbitrary actions.

- **Right to Education (2002):** The Supreme Court ruled that the right to life includes the right to
education under Article 21, interpreting it as a means to improve the quality of life.

- **Right to Health (Parmanand Katara v. Union of India, 1989):** The Court recognized that access to
emergency medical care is a component of the right to life.

- **Right to Live with Human Dignity (Francis Coralie Mullin v. Union Territory of Delhi, 1981):** The
Court held that the right to life is not just about survival but also the right to live with dignity, ensuring
access to essential needs like food, water, and shelter.
- **Right to Privacy (K.S. Puttaswamy v. Union of India, 2017):** The Supreme Court held that the right
to privacy is a fundamental right under Article 21, marking a major development in its interpretation.

Thus, over time, the scope of Article 21 has expanded to cover a wide range of rights that ensure the
individual’s right to a life of dignity and liberty.

#### B. **Discuss the important salient features of the Constitution of India that contribute towards the
smooth functioning of Indian democracy.**

The **Constitution of India** has several features that facilitate the smooth functioning of Indian
democracy. Some of the key features include:

1. **Federal Structure with Unitary Bias:** India is a **federal** state, but the Constitution allows for a
strong central government. This balance helps manage the country's diversity while ensuring national
unity.

2. **Separation of Powers:** The Constitution divides the powers between the **Executive, Legislature,
and Judiciary**, ensuring checks and balances. This separation helps prevent the abuse of power by any
one branch.

3. **Independent Judiciary:** The **Judiciary** in India is independent of the Legislature and

Executive. It acts as a guardian of the Constitution and protects fundamental rights, ensuring that the
government follows the law.

4. **Fundamental Rights and Duties:** The **Fundamental Rights** protect the basic liberties of the
people, and the **Fundamental Duties** help in building a responsible and accountable citizenry.

5. **Secularism:** The Constitution establishes India as a **secular** state, ensuring that the
government does not favor any religion. This ensures equality and freedom of belief for all citizens.
6. **Universal Adult Franchise:** Every citizen, irrespective of gender, caste, or religion, has the **right
to vote**. This ensures that all people have a voice in the democratic process.

7. **Single Citizenship:** India has **single citizenship**, meaning citizens are governed by the same
set of laws and enjoy equal rights, irrespective of which state they belong to.

8. **A Parliamentary System of Government:** The system is designed to ensure a close relationship
between the **Executive and Legislature**, and the government is accountable to the people through
the Parliament.

9. **Emergency Provisions:** The Constitution allows the **President of India** to declare a national,
state, or financial emergency in case of threats to the country’s sovereignty, integrity, or stability,
ensuring quick action during crises.

10. **Directive Principles of State Policy:** These are guidelines for the government to implement
welfare policies, promoting social and economic justice.

These features collectively ensure a stable, inclusive, and fair democratic system, accommodating the
diverse needs of India’s population.

#### C. **The State shall not deny to any person equal protection of Law and Equality before the Law –
Discuss it with Judicial approach.**

The principle of **Equality before the Law** is enshrined in **Article 14** of the Indian Constitution,
which prohibits discrimination by the State. The **Supreme Court** of India has interpreted this Article
in various landmark cases, contributing significantly to the judicial approach to equality.

1. **Equality Before Law:** This principle means that **every person**, regardless of their status, is
treated equally by the law. No one is above the law, and the law applies equally to all.
2. **Equal Protection of the Law:** This principle ensures that laws are enforced equally across all
individuals, but it also recognizes that not all individuals or groups are the same. Therefore, laws may
differentiate between groups based on reasonable grounds, as long as the differentiation does not
amount to discrimination.

Key judicial developments:

- **State of West Bengal v. Anwar Ali Sarkar (1952):** The Supreme Court held that laws cannot be
discriminatory in their application and must apply uniformly.

- **Maneka Gandhi v. Union of India (1978):** The Court held that while **Article 14** guarantees
equality, it also ensures that the procedure established by law is reasonable and just.

- **Indra Sawhney v. Union of India (1992):** The Supreme Court upheld **reservation** for backward
classes, recognizing that **affirmative action** is a form of positive discrimination to achieve
substantive equality.

Thus, judicial interpretation of **Article 14** has balanced the principle of equality with the practical
realities of ensuring justice for all, especially for marginalized and vulnerable groups.

#### D. **Explain the Morley-Minto Reforms and their impact on the Constitutional development in
India.**

The **Morley-Minto Reforms** were introduced in **1909** by the British Government in response to
growing discontent in India. These reforms marked a significant step towards constitutional
development in India and laid the foundation for future political changes.

Key Features of the Morley-Minto Reforms:

- **Separate Electorates for Muslims:** This was the most significant feature, as it allowed Muslims to
elect their own representatives to legislative bodies, effectively introducing **communal
representation**.

- **Increased Representation:** The reforms increased the number of seats for Indians in the legislative
councils, though the majority still remained with the British.

- **Executive Councils:** The reforms allowed for a greater number of Indians to be appointed to
executive councils, giving them more influence in the governance process.

Impact:

- **Communal Divide:** The separate electorates system sowed the seeds of **communalism** in
Indian politics, leading to a division between Hindus and Muslims. This led to demands for a separate
state for Muslims, which eventually culminated in the creation of Pakistan.

- **Increased Political Participation:** The reforms gave **Indian elites** more influence in
governance, contributing to the growth of political awareness and movements for self-rule.

- **Foundation for Further Reforms:** The Morley-Minto reforms paved the way for further reforms
such as the **Government of India Act 1919** and the eventual demand for **full independence**.

The Morley-Minto Reforms were thus an important step in the gradual process of political reform in
India, although they did not satisfy Indian demands for self-rule and representation.

---

### Q2

#### A. **A note on the Preamble.**

The **Preamble** of the Constitution of India serves as an introductory statement that outlines the
objectives and principles upon which the Constitution is based. It reflects the vision and goals of the
Constitution. The Preamble declares that the Constitution is:

- **Sovereign**: India is free to govern itself without external interference.

- **Socialist**: The state seeks to promote social and economic equality and remove disparities.

- **Secular**: There is no state religion, and all religions are treated equally.

- **Democratic**: India is a democracy, where the people hold the ultimate power.

- **Republic**: The head of state is elected, not a hereditary monarch.

- **Justice**: The Preamble emphasizes social, economic, and political justice.

- **Liberty, Equality, Fraternity**: The Preamble commits to providing liberty of thought, expression,
belief, faith, and worship, equality of status and opportunity, and fraternity, ensuring dignity of the
individual and unity of the nation.

The Preamble thus encapsulates the spirit and ideals of the Constitution.

#### B. **Freedom of Speech and Expression is a Fundamental Right of the Citizen of India coupled with
reasonable restrictions – Discuss.**

**Article 19(1)(a)** of the Indian Constitution guarantees the **right to freedom of speech and
expression** to all citizens. However, this right is not absolute and comes with **reasonable
restrictions** as outlined in **Article 19(2)**, which allows the government to impose restrictions on
this right in the following circumstances:

- **Security of the State**

- **Public Order**

- **Decency or Morality**

- **Contempt of Court**
- **Defamation**

- **Incitement to an offense**

The Supreme Court has consistently upheld the importance of this freedom while balancing it with the
need to protect public interests. Key cases include:

- **S. Rangarajan v. P. Jagjivan Ram (1989):** The Court emphasized that freedom of speech and
expression should be

used responsibly and may be restricted if it threatens public order.

- **Indian Express Newspapers v. Union of India (1985):** The Court held that **freedom of speech**
cannot be curtailed unless it violates public interest, and any restrictions must be clear and reasonable.

#### C. **The Constitution of India protects the convicts for any offense – Discuss in detail.**

The Constitution of India offers several protections to individuals, including those convicted of crimes.
Some key provisions that protect the rights of convicts include:

- **Article 21**: As discussed earlier, it ensures **protection of life and personal liberty**. Even a
convict cannot be deprived of his or her life or personal liberty except by due process of law.

- **Article 22**: Protects individuals, including convicts, from **arbitrary arrest and detention**. This
article provides the right to be informed of the reasons for arrest and to consult a legal practitioner.

- **Article 39A**: Guarantees **free legal aid** to ensure that no person is denied justice due to
economic or social constraints, including convicts.
- **Article 72 and Article 161**: These articles provide for **presidential** and **governor's
pardons**, respectively, allowing for mercy petitions for convicts.

These provisions ensure that convicts are treated with dignity and that their basic human rights are not
violated, even while they serve their sentences.

---

### Q3: Multiple Choice Questions

1. **The Simla Deputation which was led by ............ met Lord Minto in 1906, they demanded that rights
of separate electorates should be given to the Muslims.**

**Answer: b. Aga Khan**

2. **In which case did the Supreme Court state that devotion cannot be subjected to gender
discrimination?**

**Answer: a. Indian Young Lawyer's Association & Ors. v. State of Kerala & Ors.**

3. **Article 12 of the Constitution of India states that the State includes:**

**Answer: d. All of the above**

4. **The idea of the Preamble has been borrowed from the Constitution of the:**

**Answer: b. USA**
5. **In which year was the term socialist, secular, and integrity added to the Preamble of the
Constitution?**

**Answer: b. 1976**

6. **In the case of Synthetic & Chemicals Ltd. v. the State of Uttar Pradesh, the Supreme Court decided
that the word... means that the state has the authority to do everything within the restrictions given by
the Constitution.**

**Answer: a. Sovereign**
Constitutional Law- II mid sem

### Question 1

#### A. Discuss in detail the election procedure of President of India while explaining relevant Articles
related to it under Constitution of India.

The procedure for electing the President of India is laid down in **Article 54**, **Article 55**, and the
**Presidential Election Rules, 1961**.

- **Article 54**: This article specifies the method of election of the President. The President is elected
by an **Electoral College** consisting of:

1. **Elected Members of both Houses of Parliament** (Lok Sabha and Rajya Sabha).

2. **Elected Members of the Legislative Assemblies** (Vidhan Sabhas) of States and Union Territories.

- **Article 55**: This article outlines the manner of election of the President, ensuring it is done through
a **system of proportional representation** by means of **single transferable vote**. The election is
conducted by a **secret ballot**.

- **Method of Voting**:

- Each voter’s vote is weighted based on the population of the state they represent, ensuring that
larger states don’t dominate the voting process. This system is designed to ensure equal representation
of states and Union Territories in the election of the President.

- The votes are counted using a **single transferable vote** system, where each voter ranks
candidates in order of preference.

- **Quorum and Majority**:

- A **simple majority** of the total votes is required for a candidate to win.

 - If no candidate wins an absolute majority, then the candidate with the least votes is eliminated, and
their votes are transferred according to the preferences until a candidate achieves the majority.

#### B. Explain in detail the composition and functioning of Lok Sabha and Rajya Sabha.

- **Lok Sabha (House of the People)**:

- **Composition**: The Lok Sabha is the lower house of Parliament, consisting of **545 members**.
Of these, **543 are directly elected** by the people of India from various constituencies, and **2
members** are nominated by the President from the Anglo-Indian community (although this provision
has been abolished by the 104th Constitutional Amendment in 2019).

- **Term**: The Lok Sabha has a **5-year term**, but it can be dissolved earlier by the President.

- **Functioning**: The Lok Sabha has the power to pass laws, scrutinize the executive, and discuss
important national issues. The Prime Minister and the Council of Ministers are collectively responsible to
the Lok Sabha.

- **Rajya Sabha (Council of States)**:

- **Composition**: The Rajya Sabha is the upper house, consisting of **250 members**. Of these,
**238 are elected by the elected members of the State Legislative Assemblies** and members of the
Legislative Council (through proportional representation), and **12 are nominated** by the President
for their expertise in various fields like literature, science, art, and social service.

- **Term**: Members of the Rajya Sabha have a term of **6 years**, and one-third of its members
retire every two years.

- **Functioning**: The Rajya Sabha primarily acts as a revising chamber and cannot initiate or amend
money bills. However, it can delay legislation and suggest amendments. It also has a role in overseeing
the executive, approving laws, and ensuring balanced representation of states in the legislative process.

#### C. Explain the origin and development of the doctrine of pleasure in India based on Articles 310
and 311 of the Constitution of India.

- The **Doctrine of Pleasure** is rooted in **Article 310** of the Constitution of India, which states
that:
 - **“Except as otherwise provided by this Constitution, a person holding a civil post shall hold office
during the pleasure of the President or the Governor.”**

- This means that a civil servant can be dismissed or removed from office at any time by the President
or the Governor without any specific cause or reason.

- **Article 311** provides some exceptions to the Doctrine of Pleasure by granting protection to
government employees:

- **No government employee** can be dismissed or removed by an authority lower than that which
appointed him.

- The employee must be given an opportunity to be heard in case of dismissal or removal.

- The Doctrine of Pleasure originated from British colonial rule, where the Crown (British monarchy) had
the power to remove anyone from service "at pleasure" as a prerogative. In India, this was adopted
under Articles 310 and 311 but with modifications for some protections.

#### D. Discuss in detail the legislative procedure of making a bill into Act/Law under Indian
Parliamentary structure. Write Short Notes.

The legislative process in India is governed by the **Indian Constitution** and involves the following
steps:

1. **Introduction of the Bill**: A bill can be introduced either in the Lok Sabha or Rajya Sabha. The bill
can be introduced by a government minister or a private member (non-government member).

2. **First Reading**: The bill is introduced, and its title and objectives are read out. No debate happens
at this stage.

3. **Second Reading**: This is the main stage of the debate. The general principles of the bill are
discussed, and a vote is taken to decide if the bill should proceed further.
4. **Committee Stage**: The bill is sent to a **parliamentary committee** (usually the **Select
Committee** or **Joint Committee**), where it is examined in detail, and suggestions are made for
amendments.

5. **Report Stage**: The committee reports its findings to the House, and the members discuss the
suggested amendments.

6. **Third Reading**: The final version of the bill is debated. Members can only discuss the final version
of the bill and cannot suggest amendments at this stage.

7. **Rajya Sabha or Lok Sabha Approval**: After passing the bill in one House, it is sent to the other
House for consideration. If the other House passes the bill, it proceeds to the next stage.

8. **Presidential Assent**: If both Houses pass the bill, it is sent to the President for assent. The
President can:

- **Give assent**: The bill becomes an Act.

- **Withhold assent**: The bill is rejected.

- **Return the bill** (except Money Bills) for reconsideration.

Once the bill gets the President’s assent, it becomes a law and is published in the **Official Gazette**.

### Question 2

#### A. Discuss the importance of the landmark judgment N.B. Khare v. Election Commission (1957) and
the Amendment it introduced in the Constitution.

The **N.B. Khare v. Election Commission (1957)** case is significant because it dealt with the **power
of the Election Commission** in relation to the conduct of elections and the power of the President to
issue orders regarding disqualification of candidates.
- The case arose when **N.B. Khare**, a candidate, challenged the Election Commission’s decision
regarding the eligibility of certain candidates under the Representation of the People Act.

- The Supreme Court held that the Election Commission’s power to disqualify a candidate for corrupt
practices or electoral offenses was part of its **discretionary powers**. The case also highlighted the
relationship between the **President’s powers** and the **Election Commission’s autonomy**.

The **Constitutional Amendment** following this case clarified the **powers and scope** of the
Election Commission and its role in conducting free and fair elections.

#### B. Ravi, a police officer, was dismissed for alleged misconduct but later won his appeal and was
reinstated in the services. He now seeks payment for the salary lost during his dismissal. The
government denies his claim, citing removal under the doctrine of pleasure does not attract any claim
on arrears. Analyze whether Ravi can claim the arrears of his salary based on the doctrine of pleasure
and landmark Supreme Court judgment.

Ravi's claim for arrears of salary depends on the application of the **Doctrine of Pleasure** and the
protection offered under **Article 311** of the Constitution.

- The **Doctrine of Pleasure** states that an employee can be dismissed or removed from service at the
pleasure of the President or Governor.

- However, **Article 311(2)** ensures that a civil servant cannot be dismissed without being given a
chance to show cause, and **if he is reinstated** after an appeal, he is entitled to the back pay for the
period during which he was wrongfully dismissed.

In this case, since Ravi was **reinstated** after his dismissal, he is entitled to **arrears of salary** for
the period of his wrongful dismissal, unless there is a specific provision in his service rules that denies
this right.

#### C. Impeachment procedure of President in India.

The **impeachment procedure** for the President is laid out in **Article 61** of the Constitution of
India.

1. **Grounds for Impeachment**: The President can be impeached for violation of the
**Constitution**.

2. **Initiation of Proceedings**: The impeachment motion must be introduced in either House of

Parliament (Lok Sabha or Rajya Sabha).

3. **Approval of Motion**: The motion must be signed by at least **one-fourth of the total members**
of the House.

4. **First House**: The motion must be passed by a **two-thirds majority** of the members present
and voting.

5. **Second House**: The motion is then sent to the other House, where it must be passed by a **two-
thirds majority** of the members present and voting.

6. **President's Removal**: If both Houses pass the motion, the President is removed from office.

### Question 3 (True or False)

#### A. An impeachment is a quasi- judicial procedure leading to the removal of a high public official like
the President of India on the grounds of the violation of the Constitution of India.

- **True**.

Impeachment is a constitutional procedure aimed at removing the President for violating the
Constitution.

#### B. Suspensive veto is where the President may take no action on the bill passed by the legislature.

- **False**. A **Suspensive Veto** means the President can return a bill for reconsideration, but he
cannot indefinitely take no action.

#### C. Governor cannot be transferred on the orders of President.

- **False**. The Governor can be transferred or removed by the President at any time.

#### D. Indian Councils Act of 1909, based on Morley-Minto Reforms, for the first time, introduced both
representative as well as popular features.

- **True**. The Indian Councils Act of 1909 introduced elected representatives alongside appointed
members for the first time.

#### E. Vidhan Parishad is present in all states of India.

- **False**. Only a few states (Bihar, Karnataka, Maharashtra, Telangana, and West Bengal) have a
Vidhan Parishad (Legislative Council).

#### F. Only a citizen of India can contest general elections in India.

- **True**. A candidate must be a citizen of India to contest in general elections.

Law of crime mid sem

**Q1.**

**A. A commits the offence of theft in the house of B. Can A be convicted under Section 303 of
Bharatiya Nyaya Sanhita, state the reason and also refer the relevant case laws**

**Answer:**

No, A cannot be convicted under Section 303 of the **Bharatiya Nyaya Sanhita (Indian Penal Code,
1860)** for committing theft in the house of B. Section 303 specifically deals with the punishment for
murder committed by a person who is under a life sentence. It does not apply to theft or property
crimes.

For theft, the relevant section would be **Section 378 of the IPC**, which defines theft and provides
the punishment for it under Section 379.

**Relevant Case Laws:**

1. *R v. Wilde* (1860) - A case which clarified the difference between theft and other crimes.

2. *State v. Ram Singh* - This case distinguishes the punishment for theft and other property-related
crimes under the IPC.

---

**B. Discuss in brief about various offences related to Army, Navy, and Airforce under the Bharatiya
Nyaya Sanhita.**

**Answer:**
Offences related to the Army, Navy, and Airforce are defined under **Sections 131 to 140 of the
Bharatiya Nyaya Sanhita (IPC)**. These sections focus on offences that specifically involve military
personnel, and include:

1. **Section 131:** "Commencing war against the Government of India" – Covers the offence of waging
or attempting to wage war against the state.

2. **Section 132:** "Abetment of mutiny" – Concerned with inciting or encouraging military mutiny.

3. **Section 133 to 140:** These sections address offences like desertion, mutiny, and disobedience of
orders by military personnel.

These laws are stricter for service members to maintain discipline and ensure national security.

---

**C. In what circumstances can a country exercise extra-territorial jurisdiction? Discuss where Extra
Jurisdiction applied.**

**Answer:**

Extra-territorial jurisdiction allows a country to exercise authority beyond its own borders under certain
conditions, such as:

1. **National Interest or Security:** A country can assert jurisdiction if the crime threatens its national
security, even if it occurs outside its borders (e.g., terrorism).

2. **Nationality Principle:** If the accused or the victim is a national of the country, it can claim
jurisdiction (e.g., a crime committed by an Indian citizen abroad).

3. **Protective Principle:** A country can assert jurisdiction if the crime directly affects its interests or
security (e.g., economic crimes, cybercrimes).
**Example:**

- *United States v. Alvarez-Machain* (1992) – The U.S. exercised extra-territorial jurisdiction to capture
a Mexican national accused of drug-related crimes.

- **Section 188 of the IPC** also addresses offences committed outside India by Indian nationals,
extending jurisdiction to Indian courts.

---

**D. Explain "Nothing is an offence which is done by a person who is bound by law to do it." With
relevant illustrations.**

**Answer:**

This principle refers to **Section 76 of the Indian Penal Code**, which provides that an act committed
by a person who is legally bound to perform it is not an offence. It reflects the idea that a person acting
in accordance with their legal duty cannot be held criminally responsible for their actions.

**Illustrations:**

1. **Police Officer:** A police officer who uses force to arrest a criminal is not committing an offence,
even if the use of force causes harm, as it is part of their duty to uphold the law.

2. **Parent's Duty:** A parent disciplining their child within reasonable limits (e.g., minor physical
punishment) may not be held liable if it is done as part of their legal responsibility to guide their child.

---

**Q2.**
**A. Discuss in detail about Criminal Misappropriation of Property and Criminal Breach of Trust**

**Answer:**

1. **Criminal Misappropriation of Property (Section 403, IPC):**

This occurs when a person dishonestly takes possession of someone else's property, intending to use it
for their own benefit. The property is not legally transferred, and the accused does not have the right to
dispose of it.

**Example:** A person finds a lost wallet and keeps it for themselves, knowing it belongs to someone
else, without attempting to return it.

2. **Criminal Breach of Trust (Section 405, IPC):**

A criminal breach of trust occurs when a person entrusted with property or money dishonestly
misuses or converts it for their own use. It involves the violation of trust by the person to whom the
property was lawfully entrusted.

**Example:** A person working as an accountant takes money from the company’s account for
personal use, breaching the trust placed in them by the company.

---

**B. Define the circumstances under which an agreement between two or more persons is considered a
criminal conduct with Examples.**

**Answer:**

An agreement between two or more persons is considered criminal when it involves the commission of
a crime or conspiracy to commit a crime. Such agreements are punishable under **Section 120A
(Criminal Conspiracy)** of the IPC.
**Examples of Criminal Agreements:**

1. **Conspiracy to Commit Murder:** A person agreeing with others to murder someone is committing
a criminal act.

2. **Conspiracy to Commit Theft:** If two individuals agree to steal, they are guilty of conspiracy, even
if the theft is not yet committed.

---

**C. Explain in detail the stages of crime under the Bharatiya Nyaya Sanhita.**

**Answer:**

The stages of crime are:

1. **Intention (Mens Rea):** This is the mental state or the intention to commit a crime.

- **Example:** A person plans to steal but has not yet taken any steps toward the act.

2. **Preparation:** This involves steps taken to carry out the crime but is not yet an attempt.

- **Example:** Buying a weapon to commit a robbery.

3. **Attempt:** When a person takes steps to commit a crime but fails to complete it.

- **Example:** A person tries to break into a house but is caught before they can steal anything.

4. **Commission:** The crime is successfully carried out, and the criminal act is completed.

---
**Q3. Multiple Choice Questions**

**A. Dacoity is punishable**

**Answer:** (a) When five or more persons assemble for the purpose of committing dacoity.

**B. Which sections of Bharatiya Nyaya Sanhita provide offences relating to the army, navy, and
airforce?**

**Answer:** (c) Sections 131 to 140

**C. The term mens rea is defined as**

**Answer:** (c) A guilty mind

**D. Which of the following options defines an abettor?**

**Answer:** (b) A person who instigates the commission of an offence

**E. A obtains property from Z by saying "Your child is in the hand of my gang and will be put to death
unless you send us ten thousand rupees." A has committed?**

**Answer:** (a) Extortion

**F. X is an owner of a property, and he owes some money to Y. X has not been able to pay the due, and
Y forcibly took possession of his property against his will to pressurize him into paying up his debts.**

**Answer:** (c) Y is guilty of theft

Law of tort

### Q1.

#### A. Explain the concept of vicarious liability in tort law. Discuss its nature and scope, providing
relevant case laws to illustrate your points.

**Vicarious liability** refers to a situation where one person is held liable for the torts (wrongful acts)
committed by another person, even though the first person may not have committed the tort
themselves. Typically, vicarious liability applies in an employer-employee relationship, where the
employer is held liable for the wrongful acts of an employee that occur during the course of their
employment.

**Nature and Scope of Vicarious Liability:**

1. **Nature:** Vicarious liability is based on the idea that an employer should be responsible for the
actions of employees while they are carrying out their duties. This liability does not require the
employer to be at fault or have committed the tort themselves.

2. **Scope:** The employer is usually liable only for acts committed within the scope of employment. If
the employee acts outside their job duties (e.g., committing a personal act), the employer may not be
liable.

**Relevant Case Law:**

- **Lister v. Hesley Hall Ltd (2001)**: The House of Lords held that an employer could be vicariously
liable for the sexual abuse committed by an employee (a warden) at a school. The employer was found
to be liable because the wrongful act (abuse) was closely connected with the employee's duties.
- **Bolam v. Friern Hospital Management Committee (1957)**: The court ruled that an employer could
be vicariously liable for the acts of a medical professional (a doctor) when the act is in line with accepted
medical practices.

#### B. Define defamation under tort law. Differentiate between libel and slander, and discuss the
defences available to an individual accused of defamation.

**Defamation** is the act of making false and damaging statements about another person that harm
their reputation. A defamation claim can be made when someone publishes or broadcasts statements
that damage another's reputation.

**Difference Between Libel and Slander:**

- **Libel** refers to defamation in a **permanent form**, such as written statements, printed media,
or broadcasted media. Since libelous statements are more permanent, the law treats them as more
serious.

- **Slander** refers to defamation in a **temporary form**, such as spoken words or gestures. Slander
generally involves verbal communication, and its damage is often less lasting than libel.

**Defenses to Defamation:**

1. **Truth**: If the statement made is true, it is not defamatory, even if it damages the reputation of
the person.

2. **Privilege**: Certain statements made in specific circumstances are protected, even if they are
defamatory (e.g., statements made in court or in Parliament).

3. **Fair Comment**: A person may make an opinion or comment about a public figure, provided it is
not made with malicious intent and is based on facts.

4. **Consent**: If the person has consented to the publication of the defamatory statement, no
defamation claim can be brought.

5. **Innocent Dissemination**: A publisher who is not aware of the defamatory content and did not
intend to harm may use this defense.
#### C. Discuss the different types of torts.

Torts are civil wrongs that can result in the injured party seeking a remedy, typically in the form of
damages. There are several types of torts:

1. **Intentional Torts**: These occur when a person deliberately causes harm to another, such as:

- **Battery**: The intentional touching or harm to another person without consent.

- **Assault**: An intentional act that causes the victim to fear imminent harm.

- **False Imprisonment**: Unlawfully restraining someone against their will.

2. **Negligence**: Occurs when a person fails to exercise reasonable care, leading to harm. Common
examples include car accidents, medical malpractice, and slip-and-fall incidents.

3. **Strict Liability**: In some cases, a person can be held liable for harm even if they were not
negligent or intended to cause harm. An example is a manufacturer being held liable for defective
products.

4. **Nuisance**: Interference with a person's use or enjoyment of their property, such as noise,
pollution, or unpleasant odors.

5. **Defamation**: As discussed above, defamation occurs when false statements are made to harm
someone's reputation.

6. **Trespass**: Involves interference with someone's person, property, or land.

#### D. Discuss the tort of trespass to a person, including assault, battery, and false imprisonment. How
do these differ from one another?
- **Assault**: This is an act that causes the victim to fear immediate physical harm. It does not require
physical contact. For example, if someone raises a fist to punch another person, and the other person
believes they are about to be hit, this is assault.

- **Battery**: Battery involves actual physical contact or harm. It occurs when one person intentionally
makes harmful or offensive contact with another without consent. For example, hitting someone with a
fist.

- **False Imprisonment**: False imprisonment occurs when a person is unlawfully restrained or

confined without their consent. For instance, locking someone in a room against their will constitutes
false imprisonment.

The key difference between assault and battery is that assault involves a threat or fear of harm, whereas
battery involves actual physical contact. False imprisonment is about unlawful restraint, not harm.

---

### Q2.

#### A. Explain the legal principle of "Injuria Sine Damnum" with examples. How does it differ from
"Damnum Sine Injuria"? Illustrate with case laws.

- **Injuria Sine Damnum** refers to a situation where there is a legal injury, but no actual loss or
damage. It is a violation of a legal right, even though no harm was caused. For example, **Ashby v.
White (1703)**, where a voter was wrongfully prevented from voting in an election. Although he
suffered no actual damage, the legal injury to his right to vote was enough to claim a remedy.

- **Damnum Sine Injuria** refers to a situation where there is actual harm or damage, but no violation
of a legal right. For example, if someone builds a structure that blocks your view, you may suffer damage
(e.g., loss of view), but no legal injury occurred, so no remedy is available.
#### B. Explain the general principles of liability in torts.

The general principles of liability in tort law are:

1. **Wrongful Act**: The defendant must have committed a wrongful act or omission.

2. **Fault**: The defendant must be at fault, either intentionally (e.g., in an intentional tort) or
negligently.

3. **Causation**: There must be a direct link between the defendant's actions and the harm suffered by
the claimant.

4. **Damage**: The claimant must have suffered actual damage, whether physical, financial, or
reputational.

#### C. Elaborate on the principle of strict liability in the law of torts. Discuss the evolution of this
principle through landmark cases like Rylands v. Fletcher.

**Strict liability** is a principle where a defendant is held liable for harm caused by their actions, even if
they were not negligent or at fault. This type of liability is often applied in cases involving inherently
dangerous activities.

**Rylands v. Fletcher (1868)** is a landmark case where the House of Lords established the principle of
strict liability in torts. The defendant, Rylands, built a reservoir on his land, which broke and flooded the
neighboring land of Fletcher. The court held that Rylands was strictly liable for the damage caused, even
though he had not been negligent in constructing the reservoir. The key takeaway from the case was
that individuals who engage in dangerous activities must take responsibility for any harm caused by
those activities.

---

### Q3. Multiple Choice Questions

**A.** The term "Injuria Sine Damnum" refers to:

**2. Injury without any damage.**

**B.** Which of the following is not typically covered under vicarious liability?

**3. Actions of independent contractors.**

**C.** 'Slander' refers to:

**2. Oral defamation.**

**D.** Which of the following is not considered an element of a tort?

**3. Motive.**

**E.** The principle "ubi jus ibi remedium" means:

**1. A right must be accompanied by a remedy.**

**F.** Contributory negligence:

**1. Bars recovery if the plaintiff is partially at fault.**

**G.** Strict liability is imposed in cases where:

**3. The defendant is held liable regardless of fault.**

**H.** Composite negligence refers to:

**1. The negligence of multiple parties contributing to the harm.**

**I.** Private nuisance involves:

**2. Interference with an individual's enjoyment of their property.**

**J.** Which of the following best defines a tort?

**2. A civil wrong for which a remedy is available through a lawsuit.**