Class XII

Sample Question Paper 2022-23

Legal Studies (Code 074)

MARKING SCHEME

S.No. SECTION A Marks

1. Rahul cleared his five year integrated program in B.A. LL.B five years ago. When can 1
he start practicing as an advocate? App/5

a. Rahul can practice as an advocate as he has cleared B.A. LL.B exam.

b. Rahul can practice as advocate if he clears All India Bar Examination.
c. Rahul can practice law only after he does LL.M, as he cleared his LL.B five
years ago.
d. Rahul can practice law after training with a senior Advocate- on- Records
(AOR) for one year.

Ans. b. Rahul can practice as advocate if he clears All India Bar Examination 1

2. Whose services can be availed for by the Chairman of the legal services institution in 1
cases of great public importance and where serious threats to life and liberty of the U/6
applicant exists?

a. Advocate -on- Record

b. Solicitor General
c. Senior Advocate
d. Retired Judge

Ans. c. Senior Advocate 1

3. In what method of Alternate Dispute Resolution, the third party facilitates discussion 1
but does not enter the arena of dispute either as a judge or a conciliator? U/3

a. Conciliation
b. Mediation
c. Arbitration
d. Negotiation

Ans. b. Mediation 1

4. Four nations, India, USA, United Kingdom and France enter into an international trade 1
treaty. The Indian delegation provisionally consented to the treaty as the final consent App/7
will follow once the Indian Parliament votes in favour of the said treaty. Which method
of consent is being followed by the Indian delegation?

1
 a. Consent by signature
b. Consent by exchange of instruments
c. Consent by ratification
d. No consent is required

Ans. c. Consent by ratification 1

5. Rohit, aged 13 years and Kartik, aged 20 years entered into a sale agreement wherein 1
Rohit agreed to sell his farmhouse to Kartik for Rs. 5,00,000. After execution of the sale App/3
agreement, Rohit avoided the agreement of sale stating that the farmhouse is involved in
a litigation pending before the Hon’ble Delhi High Court and he cannot transfer the
farmhouse. Aggrieved by this, Rohit and Kartik agreed to appoint a mediator to resolve
their dispute. Given the dispute, which of the following statement is correct?

a. The dispute can be referred to arbitration as contractual disputes are best suited for
arbitration.
b. The dispute cannot be referred to mediation as claims against minors are excluded
from the scope of mediation.
c. The dispute can be referred to mediation as property disputes are best suited for
mediation.
d. The dispute cannot be referred to mediation as the property is lis pendens.

Ans. b. The dispute cannot be referred to mediation as claims against minors are excluded 1
from the scope of mediation.

6. Assertion(A): The salaries and allowances of judges are fixed and not subject to vote 1
of the legislature. AEC/1

Reason(R): Independence of judges is crucial to ensure independence of judiciary.

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 and 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

Ans. a. Both Assertion (A) and Reason (R) are true and Reason (R) is the correct 1
explanation of Assertion (A)

2
7. Situation 1: A boy is sinking in the swimming pool of a resort. A man who is standing 1
beside the pool does not make any attempt to save this boy. App/2
Situation 2: A lifeguard on duty at a resort. A boy is sinking in the swimming pool of a
resort. He does not make any attempt to save the boy sinking in the pool.

Which of the following statements describes both the situations?

a. In both the situations there is actus reas though mens rea is missing
b. In both the situations none can be held liable for criminal omission.
c. Situation 1 shows moral omission, whereas Situation 2 shows illegal omission.
d. The act of not doing anything does not accrue any criminal liability as actus rea
is not there.
Ans. c. Situation 1 shows moral omission, whereas Situation 2 shows illegal omission. 1

8. Aman, a lawyer was suspended as he breached the rules laid down by the Bar Council 1
of India. From the options given below, what misconduct may have led to his App/5
suspension?

a. He charged contingency fee from his client in a land dispute.

b. He negotiated with the opposite party through the opposing advocate.
c. He refused to represent client who insisted on adopting unfair means.
d. He refused to appear in a matter where he was the witness.

Ans. a. He charged contingency fee from his client in a land dispute. 1

9. Match the Articles with the corresponding Fundamental Rights 1

K/4
Column 1 Column II

A. Articles 14-18 i. Right to Freedom

B. Articles 19-22 ii. Cultural and Educational Rights

C. Articles 23-24 iii. Right to Equality

D. Articles 25-28 iv. Right against Exploitation

E. Articles 29-30 v. Right to Freedom of Religion

a. A(i), B(ii), C(iii), D(iv), E(v)

b. A(iv), B(i), C(ii), D (v), E(iii)
c. A(iii), B(i), C(iv), D(v), E(ii)
d. A(ii), B(iii), C(v), D(i), E(iv)

Ans. c. A(iii), B(i), C(iv), D(v), E(ii) 1

3
10. International law is based on consent-based governance as states are not obliged to 1
abide by it, unless they expressly consent to a particular course of conduct. What is the U/7
exception to the above rule of consent requirement?

a. Ergaomnes
b. Jus cogens
c. Stare decisis
d. Treaties
Ans. b. Jus cogens 1

11. Statement 1 : The intentional tort of battery occurs when the defendant causes the 1
touching of the claimant with the intent to cause harm or offense. App/2
Statement 2 : . The act of touching doesn't necessarily have to be done with defendant's
hand always.

a. Both Statement 1 and Statement 2 are correct

b. Both Statement 1 and Statement 2 are incorrect
c. Statement 1 is correct but Statement 2 is incorrect
d. Statement 1 is incorrect but Statement 2 is correct

Ans. a. Both Statement 1 and Statement 2 are correct 1

12. Which court in India can designate an advocate as a Senior Advocate? 1
K/5
a. High Court only
b. Supreme Court only
c. Supreme Court or any of the High Courts
d. District Court only

Ans. c. Supreme Court or any of the High Courts 1

13. Jatin, a resident of Sompur was visiting the neighbouring city of Malikgarh, where he 1
was prevented from entering a public park by the local authority as he did not belong to App/4
Malikgarh. Which fundamental right of Jatin has been violated?

a. Article 14
b. Article 15
c. Article 17
d. Article 32

Ans. b. Article 15 1

14. Assertion (A): When the defendant carries out or keeps an unusually hazardous situation 1
or activity on his or her building premises or involves in an activity that offers an AEC/2
inevitable danger of injury to the claimant or his or her property, the defendant could be
responsible for the damage caused.

4
 Reason (R): The liability arises due to the violation of the principle established under
Donoghue v. Stevenson.

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 and 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.

Ans. c. Assertion (A) is true but Reason (R) is false. 1

15. Given below are the different stages in the development of the legal aid movement in 1
India. Arrange them chronologically. App/6

1. Article 39A of the Constitution was inserted by the 42nd Amendment Act of the
Indian Constitution.
2. The Committee on National Implementation of Legal Aid was constituted with
Justice Bhagwati as its head.
3. The Union Government initiated the national legal aid scheme which faced
financial shortages and died a natural death.
4. The Union Government constituted a committee under the chairmanship of Justice
Krishna Iyer to develop a legal aid scheme for states.

a. 1,2,3,4
b. 1,3,2,4
c. 3,4,1,2
b. 4,3,2,1

Ans. c. 3,4,1,2 1

Read the excerpt from a decided case of Lalman Shukla v. Gauri Dutt and answer the questions from Q.16-
Q.20. that follow: (App/2)

Section 4 of the Indian Contract Act states that the communication of a proposal is complete when it comes
to the knowledge of the person to whom it is made. In Lalman case the defendant’s nephew absconded from
home. The plaintiff who was defendant’s servant was sent to search for the missing boy. After the plaintiff
had left in search of the boy, the defendant issued handbills announcing a reward of Rs. 501 to anyone who
might find out the boy. The plaintiff who was unaware of this reward, was successful in searching the boy.
When he came to know of the reward, which had been announced in his absence, he brought an action against
the defendant to claim this reward. It was held that since the plaintiff was ignorant of the offer of reward, his
act of bringing the lost boy did not amount to the acceptance of the offer and therefore he was not entitled to
claim the reward.

16. Identify the nature of the offer made in the case given above. 1
a. Legal offer
b. Specific offer

5
 c. General Offer
d. It was not an offer for Lalman

Ans. c. General Offer 1

17. What is the first step in the formation of a contract? 1

a. Acceptance
b. Intention
c. Offer
d. Consideration

Ans. c. Offer 1

18. When is the communication of offer complete? 1

a. when it is accepted
b. when it has a consideration
c. when it comes to the knowledge of the person to whom it is made.
d. when the person to whom it is made has capacity to enter into a valid contract.

Ans. c. when it comes to the knowledge of the person to whom it is made. 1

19. What happens when an offer is accepted? 1

a. Contract
b. agreement
c. legal relationship
d. proposal

Ans. b. agreement 1

20. How is this judgement contradictory to the Carlill v. Carbolic Smokeball Company 1
Case?
a. No intention to enter into legal relationship
b. The need for acceptance of the offer was emphasized
c. Knowledge of the offer is important
d. there was intention to enter into legal relationship

Ans. b. The need for acceptance of the offer was emphasized 1

SECTION B

21. Neha and Rani are good friends and have also completed a degree in law. As fresh 2
graduates, Neha is keen to contribute in policy making and Rani wants to specialise in App/5
commercial and economic laws. Mention the fields that they can specialise in.

Ans. Neha- can apply for LAMP 1+1

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 Rani-Transactional Law

22. Is legal aid in criminal trial a privilege or a duty of the magistrate? Analyze, giving the 2
related legal provisions and decided case law. U/6

Ans. Section 340(1) of the Code of Criminal Procedure, 1898, provided that if a man was 1+1
charged with an offence punishable with death, the court could provide him with a
counsel upon his request.

In Tara Singh v. State(1951 AIR 441), it was interpreted as a privilege rather than a
than the duty of the magistrate.

Section 304(1) provides that: In a trial before the sessions judge, if the accused has not
sufficient means to engage a pleader, the court should assign a pleader for his defense
at the expense of the State.
So, under present day scenario, it is the duty of the court.

OR
22. Maneka Gandhi v. Union of India provided clarity on what procedure established by 2
law meant under Article 21 of the Indian Constitution. Explain the observation of the U/6
court in context with adversarial system of justice dispensation in India.

Ans. In the adversarial system, the fairness requires legal representation. Creation of equal 2
opportunity for accessing the courts is a dimension of the equality clause in Article 14.
Denial of opportunities in public employment or education to different classes is not the
only occasion when considerations about retaining equality go missing; the inadequacy
of the legal system to provide an effective forum to the indigent in another.

23. The violent clash between the security forces of Aramgarh and Minapur has brought 2
back the focus on disputes between states over the border, which claimed lives of six App/1
Aramgarh police personnel and injured dozens of others. The government informed the
Parliament that there were a total of seven inter-state border disputes at present in the
country.
Which institution is authorized to resolve such disputes? Mention the Constitutional
provision under which it can intervene.

Ans. Supreme Court of India. 2

Original Jurisdiction under Article 131of the constitution.

24. Raman and Mohit entered into a contract where Raman promises to supply 20 bags of 2
sugar to Mohit, a sweet shop proprietor, on 5th September 2021. The sugar was to be App/2
supplied by 15th September 2021. The mode of transport available to their places is
roadways only. A landslide happened on 7th September 2021 and the connecting road
was completely damaged and could not be repaired within 15 days . Raman offered to
supply the sugar by 25th September 2021. Mohit refused to accept the sugar. Raman filed
a claim for Rs. 10,000 on Mohit for refusal of the order.
a. Identify the mode of discharge of this contract?

7
 b. What remedy is available to Raman?

Ans. a. Discharge by impossibility of performance. 2

b. Raman cannot claim any damages as the contract was discharged due to
impossibility of performance.

25. India is expected to liberalise the legal sector under the General Agreement on Trade and 2
Services (GATS) and other free trade agreements. AEC/5
In light of this, evaluate the judgement of Bombay and Madras High Courts.

Ans. Bombay HC- Foreign firms could not be allowed to set up liaison offices in India. 1+1
Madras HC- Foreign lawyers can practice in India on a fly in and fly out basis.

26. How has the Judiciary limited the power conferred on the Parliament by Article 368 of 2
the Indian Constitution? AEC/1

Ans. Article 368 confers power to the Parliament to amend the Constitution: Article 13(2) 2
limits Parliament's amending authority in matters of fundamental rights. In order to
overcome this restriction, in 1971, the Parliament adopted the 24th Amendment to the
Constitution altering Articles 13 and 368 in a way that allowed itself with unlimited
powers of amendments including authority to amend the fundamental rights provisions.
The landmark 1973 Supreme Court case of Keshavanda Bharathi v. State of Kerala
discussed the question about the unlimited constitutional amendment powers of the
Parliament and established the doctrine of the basic structure or feature of the
constitution.

27. ‘The prosecution in a criminal trial must meet quite high standards and it is not enough 2
for the prosecution to only assert that the accused has committed the offence.’ App/2
Comment with reasons.

Ans. Most accused persons do not lead defence evidence in India. One of the major reasons 2
for this is that in India, the burden is cast on the prosecution to prove the offence and the
degree of proof required in a criminal trial is "proof beyond reasonable doubt".
The judge must be convinced beyond reasonable doubt that it was in fact the accused
who committed the offence.

28. The constant tussle between the executive and judiciary over the appointment of judges 2
led to the development of a new system for appointment of judges. U/1
a. Identify the system.
b. Why does this system invokes scepticism?

Ans. a. Collegium System 1+1

b. The collegium system is not constitutionally mandated.

8
 OR
28. Covid Pandemic has brought a paradigm shift in the way people perceived information 2
technology. Schools and colleges all adopted online mode. This gave rise to instances U/1
of cybercrimes. Cyber bullying, body shaming, hacking, stalking became very
common. The cases of suicide among teenagers increased. The concern was raised in
the parliament as well. The President of India also sought the advice of the Supreme
Court on the issue.
a. Under which jurisdiction can the President seek the opinion of the Supreme Court?
b. On what grounds can the Supreme Court refuse to provide its opinion?

Ans. i. Advisory jurisdiction, Presidential Reference 1+1

ii. If it is socio-economic or political in nature.

SECTION C
29. Rohit has a Saving Bank Account with Zono Bank. Being an employee of TTS Co. 3
Ltd., his salary and other allowances were being directly credited to his account with App/3
the bank. He alleged that the bank had issued a cheque-book without his knowledge to
someone else and had passed cheques which were not drawn by him. The total amount
so fraudulently withdrawn from his account amounted to Rs.100,000/-.
a. Identify the agency he can approach for the redressal of his grievance.
b. State its functions.

Ans. a) Chief Vigilance Officer/ Ombudsman can be approached by Rohit for redressal of 3
his grievance.

b) Functions of Chief Vigilance Officer include:

i) To investigate complaints and attempt to resolve them, usually through
recommendations (binding or not) or mediation.
ii) To identify systemic issues leading to poor service or breaches of people's rights.

30. Monali has set up a legal firm in partnership with Pranoy. They have engaged Creative 3
Web Designers to create a web page for their firm. U/5
a. Enlist the information that can be put up by them on the internet.
b. Whose permission is to be taken by Monali and Pranoy for publishing any
information in public domain?

Ans. -Name of the firm 2.5

-Contact details
-Areas of practice +
-Details of enrolment with bar
-Professional and Academic qualifications

Bar council of India 0.5

31. Mr. Mahavir is physically and mentally harassed by his son and daughter in law and 3
wishes to file a case against them under the Indian Penal Code. He is a senior citizen and App/6

9
 runs a small tea stall for his survival. He approaches Delhi district legal services authority
for help.
a. What kind of help can be provided by the Delhi district legal services authority?
b. Will Delhi district legal services authority be able to help Mr. Mahavir? Give reason
for your answer.

Ans. a. i. Pre litigation services 3

ii. Post litigation services

b. Delhi district legal services authority be able to help Mr. Mahavir only if he can
satisfy the authority that his income is less than Rs. 9000 per annum. Otherwise there is
no provision for legal aid for senior citizens.

32. In the given scenarios, how can international law be applied in domestic legislation in 3
India? State the relevant case laws. AEC/7

a. India is a party to an international agreement to stop taking out oil from particular
species of trees to prevent forest fires. This restricts the right of trade of certain
villagers.

b. India is a party to international convention relating to discrimination against women.

Indian courts created legally binding obligations regarding sexual harassment.

c. In this case, the Supreme Court held that India had ratified conventions regarding
the protection of children and this placed an obligation on the State Government to
implement these principles.

Ans. a. Indian parliament needs to pass a domestic legislation. 3

Case-Magan Bhai Patel V. UOI

b. Indian courts used the provisions of CEDAW (Convention on elimination of all

forms of discrimination against women) to create legally binding obligations regarding
sexual harassment.
Case-Vishaka V. State of Rajasthan

c. The Supreme Court held that India had ratified conventions regarding the protection
of children and this placed an obligation on the State Government to implement these
principles. This was a case in which there were no contradictory laws and as they were
supplementing the law already in force the court held that the treaty could be applied
directly to Indian law.
Case- Barse v Secretary Children's Aid Society

33. Article 21 of the Indian Constitution provides that a person can be deprived of his or 3
her 'right to life or personal liberty' only by procedure established by law. Elucidate the AEC/4
above statement with the help of an example.

10
Ans. Article 21 states that- No person shall be deprived of his life or personal liberty except 3
according to the procedure established by law.
The second part of the article describes how one's right to life and personal liberty can
be taken away. A person can be deprived of his or her 'right to life or personal liberty'
only by a procedure established by law. This means that any law that limits or takes away
one's right to life and personal liberty must contain a procedure that is fair and reasonable
and not arbitrary.
For example, the Indian Penal Code prescribes death penalty for certain crimes. This
involves established procedures like, (1) death penalty is awarded only in 'rarest of rare'
cases, (2) there should not be any delay in executing the prisoner waiting in death row.
(3) Also, Indian Penal Code allows for appeal where the wait period is longer than five
years.

34. In the famous 1987 case of M.C. Mehta v. Shri Ram Foods and Fertilizer Industries, 3
Justice of India P.N Bhagwati developed a new principle evolving from the concept of App/2
strict liability.
a. Identify the new principle.
b. Against whom is the principle applicable?
c. Under what conditions can this principle be applied?

Ans. a. Absolute Liability 3

b. enterprise, which is engaged in a hazardous or inherently dangerous industry, which

poses a potential threat to the health and safety of the persons working in the factory and
residing in the surrounding areas.

c. on account of hazardous or inherently dangerous activity in which it is engaged must

be conducted with the highest standards of safety and if any harm is done on account of
such activity, the enterprise must be absolutely liable to compensate for such harm and
it should be no answer to the enterprise to say that it had taken all reasonable care and
that the harm occurred without any negligence on its part.

35. The concept of Independence and Impartiality of Indian Judiciary must be studied in 3
conjunction as they aim at achieving the same goal of maintaining judicial integrity in AEC/1
the democratic process of the country. Comment.
Ans. The independence of judiciary is ensured and maintained by the Constitution. The theory 3
of 'constituent mechanism' of independence of judiciary defines judiciary's independence
in terms of the independence of its judges. Independence of judiciary and impartiality of
judges exist as two distinct concepts- the former referring to the institution, and the latter
referring to its constituent actors. The concept of impartiality of judges can be understood
within the broad framework of independence of judiciary. These concepts must be
studied in conjunction as they aim at achieving the same goal of maintaining judicial
integrity in the democratic process of the country.

36. Identify the provision of legal aid under the Indian Constitution? What does the 3
judgment of M.H. Hoskot v. State of Maharashtra state about the legal aid services in K/6
India?

11
Ans. The 1976 amendment of the Constitution inserted Article 39-A in the Constitution 3
entrusts the State with the responsibility to secure that the operation of the legal system
promotes justice, on a basis of equal opportunity. Also, the State shall provide free legal
aid, by suitable legislation or schemes or in any way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other disabilities.

In the M H Hoskot case, the court observed: Judicial justice, with procedural intricacies,
legal submissions and critical examination of evidence, leans upon professional
expertise; a failure of equal justice under the law is on the cards where such supportive
skills is absent for one side.

OR
36. Explain legal aid in context of social justice and human rights in India. 3
K/6
Ans. In order to do social justice to them and to make human rights meaningful, legal aid
becomes essential. The Human Rights which cannot be enforced due to poverty are
meaningless and worthless. A right to access to justice is sine-qua-non for social justice.
The access to justice itself is one of the most basic human rights, and without it, the
realization of many other human rights may become difficult. Indeed, the right to assess
to justice or Legal Aid is evolved by judicial creativity for the benevolence of poor
persons. Now, neither is it possible nor is it proper to isolate the right to legal aid from
range of human right. The right to legal aid enables accomplishment of these human
rights and makes them worthwhile for the poor masses in the world.

SECTION D
37. A matter relating to right to fisheries over high seas arose between two neighboring 5
countries of Travia and Gistonia. The matter is pending before the International Court of App/7
Justice (ICJ).
a. State the most authoritative source of international law.
b. Explain the jurisdiction of International Court of Justice (ICJ).
c. Mention any other two dispute resolution mechanisms available to Travia and
Gistonia.

Ans. a. Article 38(1) of the Statute of International Court of Justice 1+3+1

b.The court may have jurisdiction to decide cases in which the parties agree to appear
before the court, on their own behest, and agree to be bound by the decision of the ICJ.
The court may also be a forum if provided for in a treaty between parties and in certain
cases it is compulsory to refer to the court with regards to certain disputes. The court
may also give advisory opinions under Articles 65-68 of the Statute of the ICJ to
countries. These are not binding but are merely referrals to the ICJ to understand the
point of law on the matter.

c. Treaties often employ mediation, arbitration and other such dispute resolution
mechanisms to arrive at an agreeable decision.

12
38. Describe the evolution of Right to Education from a policy goal to a Fundamental 5
Right. U/4

Ans. a) Prior to 2002, the Indian Constitution considered elementary education for children 5
between age six and fourteen as a policy goal provision in the Directive Principles of
State Policy.
b) In 1992-93, however, the Supreme Court affirmed that depriving one from education
amounts to depriving one's right to life.
c) The elementary education was raised to the status of fundamental right from that of
a policy goal (directive principles) and hence enforceable.
d) In 2002, Article 21A providing the right to elementary education was created as a
fundamental right.
e) Article 21A states that-´The State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may, by law,
determine.’ This article provides for right to education to all between the age of six
and fourteen and obligates State to implement this.

OR
38. a. Differentiate between fundamental Rights and Directive Principles of state policy an 5
any three grounds. U/4
b. How can the status of Directive Principles of State Policy be changed? Explain with
the help of an example.

Ans. a. 3+1+1
Basis Fundamental rights Directive Principles of state
policy
Meaning Basic rights guaranteed by the Guiding principles of governance
Constitution to all the citizens for the State
Nature Political and civil in nature Socio- economic in nature
Enforceability Enforceable under Art. 32,226 in Not enforceable.
case of any violation

b. Supreme Court has raised the status of many provisions of directive principles to that
of fundamental right by suggesting they violate one's right to life (Art. 21).
Elementary education for children between age six and fourteen was a policy goal
provision in the Directive Principles of State Policy, which the Supreme Court raised to
the status of fundamental right affirming that depriving one from education amounts to
depriving one's right to life (Art. 21 Fundamental Right). Accordingly, right to
education for ages six to fourteen is now part of the fundamental rights chapter, refer to
the earlier discussion.
Other prominent example is the right to livelihood, which is a directive principle often
read with right to life as fundamental right. Supreme Court has often directed State to
rehabilitate slum dwellers whenever they are evicted on grounds of encroachments.

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 Eviction without rehabilitation closer to their work place amounts to violation of their
right to livelihood and in turn the right to life.

39. ‘The concept of Lok Adalat is an innovative Indian contribution to the global legal 5
jurisprudence.’ Comment on the statement. U/3
Ans. i. A Lok Adalat has jurisdiction to settle any matter pending before any court, as well 5
as matters at pre-litigative stage.
ii. Lok Adalat works on the principle of participation, accommodation, fairness,
voluntariness, neighbourliness, transparency, efficiency and lack of animosity.
iii.There is no court fee and even if the case is already filed in the regular court, the fee
paid will be refunded if the dispute is settled at the Lok Adalat.
iv. There is no strict application of the procedural laws and the disputing parties can
directly interact with the judges.
v. The decision of Lok Adalat is binding on the parties and its order is capable of
execution through legal process

OR
39. In Konkan Railways Corp. Ltd. v. Mehul Construction Co. the Hon’ble Supreme Court 5
affirmed that the Arbitration and Conciliation Act, 1996 was introduced in order to attract U/3
the 'international mercantile community'.
Analyse the affirmation of the court.

Ans. Articles 51 and 253 of the Indian Constitution specifically states that the State shall 5
endeavor to 'foster respect for international law and treaty obligations in the dealings of
organized peoples with one another'
The Indian Arbitration and Conciliation Act of 1996 is modelled on the UNCITRAL
model law.
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. Similarly companies can maintain their
commercial reputation, as they can prevent the general public or their customers from
discovering the details of their on-going legal disputes.

40. Explain the objectives that are widely accepted for enforcement of criminal law. 5
K/1
Ans. Retribution - If a criminal has done a wrong towards a person or property he needs to 5
be given a penalty in a manner which balances out the wrong done.

Deterrence - Criminal acts are penalized so as to deter individuals from repeating it or

even entering into it in the first place.

Incapacitation -The objective of this theory is to segregate the criminals from the rest
of the society.

14
 Rehabilitation - Aims at transforming an offender into a valuable member of society.
Its primary goal is to prevent further offense by convincing the offender that their
conduct was wrong.

Restoration - The goal is to repair, through state authority, any injury inflicted upon
the victim by the offender.

OR
40. Who can transfer a property? Explain the ways in which an immovable property can be 5
transferred. K/1

Ans Any person who is competent to contract (person above 18 years of age, having sound 1+4
mind and not disqualified by any law in force) and authorized to dispose off property
viz., owner of the property or any person authorized to sell the property, can make a
transfer.

1. Sale means a transfer of ownership (right to possess something) of the property in

exchange for a price (money) [Section 54 of the TPA]. Seller is the person who transfers
the property and buyer is the person to whom the property is transferred. The
consideration in a sale is usually money.

2. Lease- Lease is a transfer of right to enjoy a property for a specific period of time in
consideration for a price. Lessor is the person who lets out the property for lease or
transferor, and lessee is the person to whom the property is leased or the transferee in a
lease. The lessee can also sub-let the lease and the relation between the lessee and the
sub-lessee will be that of lessor and lessee.

3. Exchange- When two persons transfer ownership of one thing for the ownership of
another, it is called exchange [Section 118 of the TPA]. Transfer of property by exchange
can be made only by way of sale. The rights and liabilities of the parties to exchange
shall be that of the rights and liabilities of the buyer to the extent of receiving and that of
the seller to the extent of giving.

4. Gift- A transfer of ownership of property that is made voluntarily and without

consideration is called Gift [Section 122 of the TPA]. If the donee (the person to whom
gift is made) expires before accepting the gift, it becomes void.

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