TASHI NAMGYAL ACADEMY
PRE- BOARD EXAMINATION, SESSION 2023-2024
LEGAL STUDIES {ELECTIVE -II}
CLASS - XII
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Maximum Marks: 70
Time Allowed: Three hours
(Candidates are allowed additional 15 minutes for only reading the paper.
They must NOT start writing during this time).
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Answer all questions in Section A, Section B and Section C.
Section A consists of objective / very short answer questions.
Section B consists of short answer questions.
Section C consists of long answer questions.
The intended marks for questions or parts of questions are given in brackets [ ].
SECTION A - 14 MARKS
Question 1 [14 x 1 =14]
(i) In the law of Contract, Consensus ad idem means: [1]
(a) To agree on same thing in same sense
(b) To agree on different thing in same sense
(c) To agree on different thing in different sense
(d) To agree on same thing in different sense
(ii) Article 39 A of the Constitution, inserted by the 42nd Amendment Act in 1976 provides
for___________ [1]
(iii) Lease of an immovable property involves two parties, namely, _____ and _______ [1]
(iv) Punishment for cheating as provided under Section 417 of IPC is ________ [1]
(v) A threatens to publish a defamatory libel concerning Z unless Z gives him money.
He thus induces Z to give him money. A has committed _________ [1]
1
(vi) Principle: Theft is Robbery if in order to committing the theft the offender for that end
voluntarily causes or attempt to cause to any person death or fear of instant hurt.
Facts: A meets Z and his child on the high way. A takes the child and threatens to fling it down
a cliff, unless Z delivers his wallet. Z, in consequence delivers his wallet. A after getting that
wallet moved away from the scene of the crime. Is A' guilty of any offence? [1]
(a) A is liable only for the offence of theft as he merely took the movable property of Z's
possession.
(b) A is liable for robbery as he used force against Z's child and Z handed over his wallet to him.
(c) A is not liable for robbery as he did not use force against Z and he only puts his son under
the fear of injury.
(d) A is not liable for any offence.
(vii) A State Government passed a law making it mandatory for all residents of the State to
pay a hefty 'pilgrimage tax' so as to aid the State in organizing a popular religious pilgrimage
in that State. The said pilgrimage is undertaken only by followers of religion 'X' and draws a
large number of followers of religion 'X' from all over the country to the state every year. In
the given situation, which of the following statements is correct? [1]
(a) The State Government's act is violative of the Constitution of India as it is not promoting
or maintaining religion 'X'.
(b) The State Government's act is not violative of the Constitution of India as it is not
promoting or maintaining religion 'X'.
(c) The State Government's act is violative of the Constitution of India as it is compelling
citizens to pay tax for promoting or maintaining religion 'X'.
(d) The State Government's act is not violative of the Constitution of India as it is a measure
to safeguard the health, safety and welfare of the pilgrims.
(viii) Which is not the correct statement? [1]
(a) If consent is obtained by coercion, the agreement is void.
(b) If a party is minor, the agreement is void.
(c) If the object of agreement is unlawful, the agreement is void.
(d) If the consideration of an agreement is unlawful, the agreement is void.
(ix) What does Quid pro quo signify in Contract law? [1]
(x) Identify the appropriate Article from the Constitution of India related to the
amendment of the status of ‘Right to Property’. [1]
(a) Article 19(f) Repealed and inserted in Article 300.
(b) Article 19 (e) Repealed and inserted in Article 300 A.
(c) Article 19(f) Repealed and inserted in Article 300 A.
(d) Article 19 (e) Repealed and inserted in Article 300.
2
(xi)A lady wishing to get a railway ticket finding a crowd at ticket window at station asked X
who was near window to get a ticket for her and handed him over money for same X took
money and instead of getting ticket ran away with money.
What offence has been committed by X? [1]
(a) No offence
(b) Offence of criminal breach of trust
(c) Offence of criminal misappropriation
(d) Offence of theft
(xii) Mr. A and Mr. B are parties to a contract of sale of goods. Upon breach of contractual
obligations by Mr. A, Mr. B filed a writ petition seeking a mandamus to compel Mr. A to
perform his obligations under the contract.
In the given situation, which of the following statements is true? [1]
(a) Writ of mandamus can be granted as it is a discretionary remedy.
(b) Writ of mandamus cannot be granted as there is no violation of fundamental right.
(c) Writ of mandamus cannot be granted as Mr. B's right under the contract is a private right.
(d) Writ of mandamus can be granted as there is no statutory duty imposed on Mr. A to fulfill
his contractual obligations.
(xiii) A Tribunal is a: [1]
(a) Judicial body
(b) Non-Judicial body
(c) Administrative body
(d) Quasi-Judicial body
(xiv) Which of the following is not a directive principle of State policy? [1]
(a) Uniform Civil Code for the citizens
(b) Organisation of village panchayats
(c) Organisation of agriculture and animal husbandry
(d) Uphold and protect the sovereignty, unity and integrity of India
SECTION B - 28 MARKS
Question 2 [4]
(i) Mention any two objectives of Legal Services Authorities Act 1987.
(ii) Discuss any two eligibility criteria for availing free legal aid as provided under
Legal Services Authorities Act, 1987.
3
Question 3
(i) Give any two points of distinction between Sale and Mortgage. [2]
(ii) Give the meaning of the following legal maxims relating to Criminal law.
(a) Doli incapax [½]
(b) De minimis non curat lex [½]
(c) Corpus delicti [½]
(d) Actus non-facit mens sit rea [½]
Question 4 Explain the stages of crime with examples. [4]
Question 5 "All contracts are agreements but all agreements are not contracts”.
Explain this statement with the help of a case law. [4]
Question 6 [4]
(i) Explain the Doctrine of Lis Pendens with illustration.
OR
(ii) Explain the Doctrine of Election with illustration.
Question 7
Define immovable property. Who is competent to transfer a property? [4]
Question 8 [4]
(i) Explain the differences between culpable homicide and murder with the help of
examples.
(ii) Name the two kinds of Defamation. What defences can the defendant take in the
case of defamation?
SECTION C – 28 MARKS
Question 9
(i) Rahul was employed by Royal Builders Ltd., a major construction company operating in the
private sector. One fine day, he was asked to resign from his job, on very flimsy grounds. Rahul
contended that the company had violated his fundamental rights and approached the Hon'ble
Supreme Court of India.
(i) Decide whether Rahul will succeed or not. Give reasons for your answer. [2]
(ii) How is the principle enumerated in ‘Injuria sine damnum’ different from ‘Damnum sine
injuria. Elucidate with help of case laws. [3]
(iii)What do you understand by inchoate crime? State the types of inchoate crime. [2]
4
Question 10
(i) Give any three benefits of ADR system. [3]
(ii) What are the essential elements to constitute a tort of negligence.
Explain with relevant examples. [4]
Question 11
(i) Give any three functions of National Human Rights Commission. [3]
(ii) Are the Fundamental Rights absolute? Give reason to justify your answer. [4]
Question 12 [7]
(i) Discuss the rule in Rylands v. Fletcher case. Explain how this rule is different from the
rule in M.C. Mehta v. Union of India case.
OR
What are the essential elements to constitute a valid contract. Discuss in detail.
