Odisha Judicial Service Civil Judge – Law of Tort and Crime – 2013

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Odisha Judicial Service Civil Judge – Law of Tort and Crime – 2013 Question Paper

Total marks – 150 Duration – 3 hours

Section – A (Law of Crime)

1. When does an act amount to an attempt to commit a Crime? Is there any difference in this respect between General Section 511 of the IPC on the one hand and Section 307 IPC and Section 308 IPC on the other? If so explain with reasons.

2. A, a girl student with an age around 18 years and a month developed intimacy with B, a senior student aged about 20 years from the same college. B on the condition of total secrecy promised to marry her but persuaded her for abortion. Again on the second occasion, B impregnated A and got the child aborted. B however did not marry A even thereafter. A approaches you for your expert advice. Advise.

3. How under IPC ‘mistake of law’ is no defence but ‘mistake of fact’ is a good defence? What exemptions have been given by IPC to minors for an offence under General Exceptions?

4. What is culpable homicide? When does culpable homicide becomes murder? When culpable homicide not amounting murder?

5. Define and explain Theft. How is Theft different from Extortion? Under what circumstances Theft becomes Robbery? Distinguish Theft from Dacoity.

6. Write brief notes on the following :
(a) Self Defence
(b) Sedition
(c) Conspiracy
(d) Extortion
(e) Mens rea

Section – B (Law of Torts)

7. Tort is a civil wrong different from breach of contract and crime. Explain.

8. What constitute false imprisonment? Explain various defences available to a defendant in case of false imprisonment.

9. Who are joint-tort feasors ? Discuss the nature of joint-tort feasors of liability with the help of decided cases. What is the law regarding contribution amongst joint-tort feasors ?

10. What is the ratio decidendi of Rylands v. Flecture and M. C. Mehta v. Union of India (Oleum gas leakage) cases? How both cases are different from each other?

11. Is there any civil remedy available to the Client against Advocate under Consumer Protection Act, 1986, if the Advocate committed negligence, breach of trust, misappropriation and fraud? Discuss.

12. Write brief notes on the following :
(a) Ubi Jus Ibi Remedium
(b) Volenti Non Fit Injuria
(c) Defences to an action for Nuisance
(d) Defences to an action for Defamation
(e) Caveat Emptor to Caveat Venditor

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