Guideline Answer For ICSI Dec 2024 Question Paper by ICSI LIVE UPDATE for CS Executive & CS Professional : Therajpicz
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1. (a) According to Salmond, “law is the body of principles, which are recognized and applied by the State in the administration of justice. The purpose of law is the deliverance of justice to the people.” Discuss.
Answer:
Salmond's definition of law emphasizes that law is a collection of principles recognized and enforced by the State to ensure justice. According to Salmond, the primary purpose of law is to deliver justice to the people. This means that law is not just a set of rules but a mechanism to maintain order, resolve disputes, and protect the rights of individuals.
Recognition by the State: Law is not just any rule but one that is recognized and enforced by the State. This means that the State has the authority to create, interpret, and enforce laws.
Administration of Justice: The ultimate goal of law is to ensure justice. This involves fairness, equality, and the protection of rights. The State uses law as a tool to resolve conflicts and maintain social order.
Deliverance of Justice: The purpose of law is not just to punish wrongdoers but to ensure that justice is served to all individuals. This includes protecting the innocent, punishing the guilty, and ensuring that everyone is treated equally under the law.
In summary, Salmond's definition highlights the role of the State in creating and enforcing laws to ensure justice and maintain social order.
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1. (b) Suraj owned a mining company and had a lease of 99 years for exploiting coal from the coal blocks of the State B. His lease was cancelled by the revenue minister under the provisions of one of the applicable Laws of the State. Suraj had a past record of rivalry with the minister, as he had fought elections against him few years back. The minister too had filed a case against him of defamation in the past. Discuss the rule, which attracts this situation, and whether the cancellation order can become vitiated in law.
Answer:
This situation involves the principle of bias and mala fide (bad faith) in administrative decisions. The rule that attracts this situation is the Rule Against Bias, which is a fundamental principle of natural justice. According to this rule, any decision made by an authority must be free from personal bias or prejudice.
Bias: In this case, the revenue minister had a personal rivalry with Suraj, as they had fought elections against each other, and the minister had also filed a defamation case against Suraj. This indicates a potential personal bias against Suraj.
Mala Fide: If Suraj can prove that the cancellation of his lease was motivated by the minister's personal vendetta rather than legitimate reasons, the cancellation order could be considered mala fide.
Vitiated in Law: If the court finds that the cancellation order was influenced by bias or mala fide intentions, the order can be declared vitiated (invalid) in law. This means that the order would be set aside, and Suraj's lease would be reinstated.
In conclusion, the cancellation order can be challenged on the grounds of bias and mala fide, and if proven, the order can be declared invalid.
1. (c) In light of the “Satender Kumar Antil vs Central Bureau of Investigation and Ors”, enumerate the directions issued by the Supreme Court of India for investigating agencies and also for the courts.
Answer:
In the case of Satender Kumar Antil vs Central Bureau of Investigation and Ors, the Supreme Court of India issued several important directions to investigating agencies and courts to ensure that the process of investigation and trial is fair and efficient. Some of the key directions include:
Timely Investigation: Investigating agencies must complete their investigations within a reasonable time frame to avoid unnecessary delays in the trial process.
Avoiding Unnecessary Arrests: The court emphasized that arrests should not be made mechanically. Investigating agencies must follow the guidelines laid down in Arnesh Kumar vs State of Bihar (2014), which state that arrests should only be made when absolutely necessary.
Bail Provisions: The court reiterated that bail should be the rule, and jail should be the exception. Courts should consider granting bail, especially in cases where the accused is not likely to flee or tamper with evidence.
Speedy Trials: Courts must ensure that trials are conducted expeditiously to avoid prolonged incarceration of the accused.
Compliance with Legal Provisions: Investigating agencies and courts must strictly comply with the provisions of the Code of Criminal Procedure (CrPC) and other relevant laws to ensure that the rights of the accused are protected.
These directions aim to balance the interests of justice and the rights of the accused, ensuring that the legal process is fair and efficient.
1. (d) A owes B a sum of ₹ 10,000. A sells a property to B, the consideration being ₹ 5,000 and the release of the previous debt of ₹ 10,000. What amount of stamp duty to be paid under the Indian Stamp Act, 1899? Answer with reasons.
Answer:
Under the Indian Stamp Act, 1899, stamp duty is payable on instruments (documents) that transfer property or create obligations. In this case, A is selling a property to B, and the consideration for the sale is ₹ 5,000 and the release of a previous debt of ₹ 10,000.
Total Consideration: The total consideration for the sale is ₹ 5,000 (cash) + ₹ 10,000 (release of debt) = ₹ 15,000.
Stamp Duty: Stamp duty is calculated based on the total consideration. The rate of stamp duty varies from state to state, but it is generally a percentage of the total consideration.
Therefore, the stamp duty payable will be calculated on the total consideration of ₹ 15,000, as per the applicable stamp duty rates in the relevant state.
2. (a) ‘All documents relating to the matters in issue in the possession or power of any adversary can be inspected by means of discovery by documents.’ Discuss under the Code of Civil Procedure, 1908. When can a party refuse to produce the documents for inspection?
Answer:
Under the Code of Civil Procedure, 1908 (CPC), the process of discovery by documents allows a party to inspect documents that are in the possession or power of the other party and are relevant to the case. This is governed by Order XI of the CPC.
Discovery by Documents: A party can request the court to order the other party to produce documents that are relevant to the case. This ensures transparency and helps both parties prepare their cases effectively.
Refusal to Produce Documents: A party can refuse to produce documents for inspection under certain circumstances, such as:
Privileged Documents: Documents that are protected by legal privilege, such as communications between a lawyer and client, cannot be disclosed.
Irrelevant Documents: If the documents are not relevant to the case, the party can refuse to produce them.
Confidential Documents: Documents that contain confidential information, such as trade secrets, may be protected from disclosure.
In summary, while discovery by documents is an important tool in civil litigation, parties can refuse to produce documents if they are privileged, irrelevant, or confidential.
2. (b) If provisions to any offense, is punishable under two or more enactments, then in what manner offender will be prosecuted and punished by the court? Explain under the General Clauses Act, 1897.
Answer:
Under Section 26 of the General Clauses Act, 1897, if an act or omission constitutes an offense under two or more enactments, the offender can be prosecuted and punished under either or any of those enactments. However, the offender cannot be punished twice for the same offense.
Prosecution: The offender can be prosecuted under any of the applicable enactments. The choice of enactment usually depends on which law provides a more appropriate or severe penalty.
Punishment: The court can impose a punishment under any of the applicable laws, but the offender cannot be punished twice for the same act or omission. This is in line with the principle of double jeopardy, which prevents a person from being tried or punished twice for the same offense.
In conclusion, the offender can be prosecuted under any applicable law, but they cannot be punished more than once for the same offense.
2. (c) R was standing outside his house. Suddenly Victor came and pointed a loaded gun at him. Discuss the kind of wrong committed by Victor. What would be your answer, if Victor had struck him from behind?
Answer:
In this scenario, Victor has committed the tort of assault by pointing a loaded gun at R. Assault is defined as an intentional act that causes another person to apprehend immediate harmful or offensive contact.
Assault: By pointing a loaded gun at R, Victor has created a reasonable apprehension in R's mind that he is about to be harmed. This constitutes assault, even if Victor did not physically harm R.
Battery: If Victor had struck R from behind, this would constitute battery, which is the intentional and harmful or offensive touching of another person without their consent. Battery involves actual physical contact, whereas assault involves the threat of such contact.
In summary, Victor committed assault by pointing the gun at R, and if he had struck R, it would have been battery.
2. (d) State the provisions related to the use of armed forces, to disperse unlawful assembly under the Criminal Procedure Code, 1973.
Answer:
Under Section 130 of the Criminal Procedure Code (CrPC), 1973, the use of armed forces to disperse an unlawful assembly is governed by the following provisions:
Unlawful Assembly: An assembly of five or more persons is considered unlawful if its common object is to commit violence or disturb public peace.
Use of Armed Forces: If a magistrate determines that an unlawful assembly cannot be dispersed by other means, they may request the assistance of the armed forces.
Procedure: The magistrate must issue a written order to the officer in charge of the armed forces, specifying the nature of the assistance required.
Use of Force: The armed forces are authorized to use necessary force to disperse the assembly, but the force used must be proportionate to the threat posed by the assembly.
In summary, the CrPC allows for the use of armed forces to disperse an unlawful assembly, but only when necessary and under the direction of a magistrate.
3. (a) Z was manufacturing articles locally and putting counterfeit mark on them of a celebrated manufacturer, X. He sold those articles to A, making him believe that the articles were made by X. Explain with the help of relevant provisions about the offence committed by Z, under the Indian Penal Code, 1860.
Answer:
Z has committed the offense of counterfeiting under Section 28 of the Indian Penal Code (IPC), 1860. Counterfeiting involves making or selling goods with a false trademark to deceive others into believing that the goods are genuine.
Counterfeit Mark: By putting a counterfeit mark of a celebrated manufacturer (X) on his locally manufactured articles, Z has deceived A into believing that the articles were made by X.
Offense: Under Section 486 of the IPC, selling or possessing goods with a counterfeit trademark is punishable with imprisonment and/or a fine.
Deception: Z's actions constitute fraud, as he intentionally deceived A into purchasing counterfeit goods.
In conclusion, Z has committed the offense of counterfeiting under the IPC, and he can be prosecuted and punished accordingly.
3. (b) Discuss the time limit, if any, for registration under the Registration Act, 1908, in the following:
Answer:
Under the Registration Act, 1908, the time limit for registering documents varies depending on the type of document:
Documents Executed in India: Documents must be presented for registration within four months from the date of execution.
Documents Executed Outside India: Documents executed outside India must be presented for registration within four months after they are received in India.
Documents Executed by Several Persons at Different Times: If a document is executed by several persons at different times, it must be presented for registration within four months from the date of each execution.
Lease of High Value: A lease of high value that is neither from year to year, nor for any term exceeding one year, nor reserving a yearly rent, must be registered within four months from the date of execution.
In summary, the general time limit for registration under the Registration Act is four months from the date of execution.
3. (c) ‘Section 20 of the Right to Information Act, 2005, imposes stringent penalty on a Public Information Officer (PIO), for failing to provide information’. Elaborate.
Answer:
Section 20 of the Right to Information (RTI) Act, 2005 imposes penalties on Public Information Officers (PIOs) who fail to provide information within the stipulated time frame or who provide incomplete or misleading information.
Penalty: If a PIO fails to provide information within 30 days (or 48 hours in case of life or liberty), they can be fined ₹ 250 per day, up to a maximum of ₹ 25,000.
Disciplinary Action: In addition to the fine, the PIO may also face disciplinary action under the service rules applicable to them.
Intentional Delay or Denial: If the PIO intentionally delays or denies information, they can be held liable for penalties.
In conclusion, Section 20 of the RTI Act ensures accountability by imposing stringent penalties on PIOs who fail to comply with the provisions of the Act.
3. (d) Enumerate the documents or transactions, to which the Information Technology Act, 2000, will not apply.
Answer:
The Information Technology (IT) Act, 2000 does not apply to certain documents or transactions, as specified under Section 1(4) of the Act. These include:
Negotiable Instruments: Documents such as promissory notes, bills of exchange, and cheques are excluded from the purview of the IT Act.
Power of Attorney: Documents that create a power of attorney are not covered by the IT Act.
Trust Deeds: Documents related to the creation of trusts are excluded.
Will and Testament: Wills and codicils are not covered by the IT Act.
Real Estate Transactions: Documents related to the sale or transfer of immovable property are excluded.
In summary, the IT Act does not apply to certain traditional documents and transactions that require physical execution and verification.
4. (a) Discuss the constitutional provisions related to State monopoly.
Answer:
The Constitution of India allows for State monopoly in certain sectors under Article 19(6). This provision permits the State to create monopolies in specific industries or sectors for the public good.
Public Interest: The State can create monopolies in industries that are essential for the public interest, such as defense, railways, and atomic energy.
Restriction on Trade: Article 19(6) allows the State to impose reasonable restrictions on the right to carry on trade or business, including the creation of State monopolies.
Compensation: If the State takes over a private enterprise, it must provide fair compensation to the owners.
In conclusion, the Constitution allows for State monopolies in certain sectors to ensure public welfare and national interest.
4. (b) Discuss, as to when the opinion of any other person is also relevant, in addition to the opinion of experts, under the Indian Evidence Act, 1872.
Answer:
Under the Indian Evidence Act, 1872, the opinion of any person, in addition to experts, can be relevant in certain circumstances:
Opinion of Non-Experts: The opinion of non-experts can be relevant when it pertains to facts that are within their knowledge or experience. For example, the opinion of a layperson about the handwriting of a person they know well can be relevant.
Opinion on Relationship: The opinion of a person about the existence of a relationship, such as marriage or parentage, can be relevant if they have personal knowledge of the facts.
Opinion on General Custom or Right: The opinion of a person about the existence of a general custom or right can be relevant if they have knowledge of the custom or right.
In summary, the opinion of non-experts can be relevant in certain situations, especially when it pertains to facts within their knowledge or experience.
4. (c) Discuss the inherent powers of the High Court under the Criminal Procedure Code, 1973. What are the principles laid down by Supreme Court in the case of Madhu Limaye v. State of Maharashtra 1978 AIR 47, to govern the exercise of inherent jurisdiction of the High Court?
Answer:
Under Section 482 of the Criminal Procedure Code (CrPC), 1973, the High Court has inherent powers to make such orders as may be necessary to secure the ends of justice or to prevent abuse of the process of the court.
Inherent Powers: The High Court can quash criminal proceedings, issue orders to prevent abuse of process, or pass any other order necessary to ensure justice.
Madhu Limaye Case: In Madhu Limaye v. State of Maharashtra (1978), the Supreme Court laid down the following principles for the exercise of inherent powers:
The inherent powers should be used sparingly and only in exceptional cases.
The court should not interfere with the investigation process unless there is a clear abuse of process.
The court should ensure that the exercise of inherent powers does not override the specific provisions of the CrPC.
In conclusion, the High Court has wide inherent powers under Section 482 of the CrPC, but these powers must be exercised judiciously and in accordance with the principles laid down by the Supreme Court.
4. (d) Whether the High Court can entertain a petition under Article 226 of the Constitution of India, if an effective alternative remedy is available to the aggrieved person? Explain.
Answer:
Under Article 226 of the Constitution of India, the High Court has the power to issue writs for the enforcement of fundamental rights and for any other purpose. However, the availability of an effective alternative remedy is a factor that the High Court considers before entertaining a petition.
Alternative Remedy: If an effective alternative remedy is available, such as an appeal or revision, the High Court may refuse to entertain a writ petition. This is because the existence of an alternative remedy is generally a bar to the exercise of writ jurisdiction.
Exceptions: The High Court may still entertain a writ petition if:
The alternative remedy is not effective or adequate.
There is a violation of fundamental rights.
The case involves a question of law or public importance.
In conclusion, while the High Court can entertain a petition under Article 226 even if an alternative remedy is available, it will generally do so only in exceptional circumstances.
5. (a) What is Arbitration Council of India? What are the duties and functions of the Arbitration Council?
Answer:
The Arbitration Council of India (ACI) is a statutory body established under the Arbitration and Conciliation Act, 1996 (as amended in 2019). The ACI is responsible for promoting and regulating arbitration in India.
Duties and Functions:
Promotion of Arbitration: The ACI promotes arbitration as a preferred method of dispute resolution.
Accreditation of Arbitrators: The ACI accredits arbitrators and maintains a panel of qualified arbitrators.
Training and Education: The ACI provides training and education to arbitrators and other stakeholders.
Policy Recommendations: The ACI makes recommendations to the government on policy matters related to arbitration.
Monitoring and Evaluation: The ACI monitors the functioning of arbitration institutions and evaluates their performance.
In summary, the ACI plays a crucial role in promoting and regulating arbitration in India, ensuring that it is an effective and efficient method of dispute resolution.
5. (b) Enumerate in detail various significant stages of crime.
Answer:
The commission of a crime involves several stages, each of which is significant in the legal process:
Intention (Mens Rea): The first stage is the formation of the intention to commit a crime. This is known as mens rea or the guilty mind.
Preparation: The next stage is the preparation to commit the crime, such as acquiring tools or planning the act.
Attempt: The third stage is the attempt to commit the crime. Even if the crime is not completed, an attempt can still be punishable.
Commission: The fourth stage is the actual commission of the crime, where the criminal act is carried out.
Concealment: After the crime is committed, the offender may attempt to conceal the crime or destroy evidence.
Investigation: The crime is then investigated by law enforcement agencies to gather evidence and identify the offender.
Trial: The offender is tried in a court of law, where evidence is presented, and a verdict is reached.
Punishment: If the offender is found guilty, they are punished according to the law.
In conclusion, the stages of crime include intention, preparation, attempt, commission, concealment, investigation, trial, and punishment.
6. (a) Discuss the procedure, after registration of documents, relating to land under The Registration Act, 1908.
Answer:
After the registration of documents relating to land under the Registration Act, 1908, the following procedure is followed:
Endorsement: Once a document is registered, the registering officer endorses it with a certificate of registration, which includes the date, time, and place of registration.
Indexing: The document is then indexed in the register maintained by the registering officer. This index helps in the easy retrieval of the document in the future.
Return of Document: The registered document is returned to the person who presented it for registration, along with the endorsement.
Preservation: The registering officer preserves a copy of the document in the records of the registration office.
Effect of Registration: Registration gives the document legal validity and makes it admissible as evidence in court. It also provides public notice of the transaction.
In summary, after registration, the document is endorsed, indexed, returned to the parties, and preserved in the registration office, giving it legal validity.
6. (b) Discuss the provisions related to revision under the Code of Civil Procedure 1908.
Answer:
Under the Code of Civil Procedure (CPC), 1908, the revision power is granted to the High Court under Section 115. This power allows the High Court to revise orders passed by subordinate courts in certain circumstances.
Scope of Revision: The High Court can revise an order if the subordinate court has:
Exercised jurisdiction not vested in it by law.
Failed to exercise jurisdiction so vested.
Acted in the exercise of its jurisdiction illegally or with material irregularity.
Limitations: The High Court cannot revise orders on questions of fact, and it can only interfere if there is a jurisdictional error or a material irregularity.
Discretion: The power of revision is discretionary, and the High Court may refuse to interfere if it finds that no substantial injustice has been caused.
In conclusion, the revision power under Section 115 of the CPC allows the High Court to correct jurisdictional errors and material irregularities in the orders of subordinate courts.
6. (c) Discuss the rules for apportionment of the consideration under Section 28 of The Indian Stamp Act 1899.
Answer:
Section 28 of the Indian Stamp Act, 1899 deals with the apportionment of consideration in cases where a single instrument covers multiple distinct matters or properties.
Apportionment: When a single instrument covers multiple matters or properties, the consideration must be apportioned among them. The stamp duty is then calculated based on the apportioned consideration for each matter or property.
Distinct Matters: If the instrument covers distinct matters, each matter is treated separately for the purpose of stamp duty.
Default Apportionment: If the parties do not apportion the consideration, the stamp duty is calculated based on the total consideration, and the highest rate applicable to any of the matters or properties is applied.
In summary, Section 28 requires the apportionment of consideration in cases where a single instrument covers multiple matters or properties, and the stamp duty is calculated accordingly.
6. (d) Ravi was having a printing press and was taking orders to print books or pamphlets or likewise. In an order for printing, he published a defamatory material in Kannada language. He was unaware of the matter in it, as the language was not known to him. He was charged with defamation. Analyse the case, with the help of relevant provisions, and decide whether Ravi is guilty of defamation, under the Indian Penal Code, 1860?
Answer:
Under Section 499 of the Indian Penal Code (IPC), 1860, defamation is defined as making or publishing any imputation concerning any person, intending to harm their reputation.
Knowledge of Content: For Ravi to be guilty of defamation, it must be proven that he had knowledge of the defamatory content. Since Ravi was unaware of the content (as he did not understand Kannada), he may not have had the intention to defame.
Negligence: However, if it can be proven that Ravi was negligent in not verifying the content before publishing, he could still be held liable.
Defense: Ravi can argue that he had no knowledge of the defamatory content and that he acted in good faith. If the court accepts this defense, he may not be held guilty of defamation.
In conclusion, Ravi may not be guilty of defamation if he can prove that he had no knowledge of the defamatory content and that he acted without any intention to harm the reputation of the person concerned.
6. (i) ‘The rule of ejusdem generis must be applied with great caution’. Discuss. What are the conditions that should exist before applying this rule of interpretation?
Answer:
The rule of ejusdem generis is a principle of statutory interpretation that states that when a general word follows specific words, the general word is interpreted to include only things of the same kind as the specific words.
Conditions for Application:
Specific Words: There must be a list of specific words followed by a general word.
Common Category: The specific words must belong to a common category or class.
General Word: The general word must be capable of being interpreted in the context of the specific words.
Caution: The rule must be applied with caution, as it is not always clear whether the specific words form a distinct category. The court must carefully analyze the context and purpose of the statute before applying the rule.
In conclusion, the rule of ejusdem generis is a useful tool for interpreting statutes, but it must be applied carefully and only when the specific conditions are met.
6. (ii) What do you mean by order under the Code of Civil Procedure, 1908? What are the orders under this Code, from which appeal lies?
Answer:
Under the Code of Civil Procedure (CPC), 1908, an order is a formal expression of a decision by a court that does not amount to a decree. Orders can be interlocutory (temporary) or final.
Appealable Orders: Certain orders are appealable under the CPC, including:
Order XXXIX: Orders related to temporary injunctions.
Order XLIII: Orders related to appointment of receivers, attachment of property, etc.
Order XLVII: Orders related to review of judgments.
Non-Appealable Orders: Some orders are not appealable but may be subject to revision by a higher court.
In summary, an order under the CPC is a formal decision by a court, and certain orders are appealable, while others are not.
6. (iii) What do you understand by the Rule of Law? Enumerate three major principles of the rule of law propounded by Dicey.
Answer:
The Rule of Law is a fundamental principle that ensures that all individuals and institutions are subject to and accountable under the law. It emphasizes equality before the law and the protection of individual rights.
Principles by Dicey:
Supremacy of Law: No one is above the law, and everyone is subject to the law, including the government.
Equality Before the Law: All individuals are equal before the law, and no one is entitled to special privileges.
Predominance of Legal Spirit: The rule of law is not just about legal rules but also about the spirit of justice and fairness that underlies the legal system.
In conclusion, the rule of law ensures that the legal system is fair, just, and accountable, and it is based on the principles of supremacy of law, equality before the law, and the predominance of legal spirit.
6. (iv) Elucidate the categories of information, that have been exempted from disclosure, under the Right to Information Act, 2005.
Answer:
Under Section 8 of the Right to Information (RTI) Act, 2005, certain categories of information are exempted from disclosure. These include:
National Security: Information that would prejudicially affect the sovereignty, integrity, or security of India.
Foreign Relations: Information that could harm relations with foreign states.
Confidential Information: Information received in confidence from a foreign government.
Law Enforcement: Information that would impede the process of investigation or prosecution of offenders.
Cabinet Papers: Information related to cabinet discussions and decisions.
Personal Information: Information that would cause an unwarranted invasion of privacy, unless the public interest justifies disclosure.
In summary, the RTI Act exempts certain categories of information from disclosure to protect national security, foreign relations, law enforcement, and individual privacy.
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