Dear Aspirants, Mr. C.S Jeydev has secured AIR 5 in UPSC Law Optional Mains 2019, he is subscriber of our comprehensive plan ( Notes + Test Series + Current Affairs ) Plan. We are posting his mock test answer sheets ( evaluated copies ) for the benefit of fellow aspirants. Click the below Link to view the answer copyLink | https://www.lawxpertsmv.com/post/c-s-jeydev-air-5-upsc-law-optional-mains-mock-test-answer-sheets
ANSWER | Section 5 of SPECIFIC RELIEF ACT provides the following : A person entitled to the possession of specific immovable property may recover it in the manner provided by the Civil Procedure Code, 1908. What section 5 implies ? Section 5 provides a normal remedy for dispossessed person in case of immovable property. This remedy is available according to the procedure provided under CPC, 1908, i.e. by filing a suit. Need for section 5 | When immovable property is dispossessed, there is always a chance of resistance and violence because people try to take law in to their hands. Therefore, solution to process of dispossession has to be found. Essence of section 5 | This section deals with action for recovery of possession of specific immovable property based on title. Thumb rule of section 5 | Whoever proves a ‘better title’ is a person “entitled to possession”. The title may be on the basis of ownership or possession. Illustration | Suppose A enters into peaceful possession of land claiming it as his own although he might have no title to it, still he can sue another who has forcibly ousted him from possession and who has no better title to it, because A, although he has no legal title, has at least a possessory title. Immovable property | The term ‘immovable property’ is not defined under this Act, so, its definition can be derived from Section 3(26) of the General Clauses Act, 1897. Section 3(26) of General Clauses Act, 1897- immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. Limitation | Section 5 of SRA must be read with Articles 64, 65 of the Limitation Act, 1963. According to Burden of proof is on the defendant to prove that the suit is barred by Article 65 of the Limitation Act. Period of limitation to file suit under Section 5 is 12 years as provided under Article 64 and 65 of Limitation law.
The purpose and principle of the Charter of the United Nations is the guiding light of the UN framework. Article 1 and 2 states the Purpose and Principles of the UN respectively. The Purpose are as follows: 1. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples and to take measures to strengthen universal peace. 2. To develop friendly relations among nations based on the principle of equal rights and self-determination of peoples. 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms. 4. To be a centre for harmonizing the actions of nations in the attainment of these common ends. The Principles are like pathway towards achieving the goals set out in the purpose of the UN. They are as follows: 1. The Organization is based on the principle of the sovereign equality of all its Members. 2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter. 3. All Members shall settle their international disputes by peaceful means with our endangering international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. 6. The Organization shall ensure that non states members of the United Nations act in accordance with these Principles for the maintenance of international peace and security. 7. Interference in the internal affairs of the State is prohibited. This principle shall not prejudice the application of enforcement measures under Chapter Vll. The UN as a system got entangled in the hands of the permanent members of the United Nations Security Council and the United States by its huge financial contribution controls the important UN bodies in its own interest and not in the interest of the people. Thus, UN as a framework to promote and protect human rights fails miserable due to the vested interest. Moreover, the permanent members do not represent the geographical representation of all people but the powerful countries at the end of the world war II. Thus, the initial reform at the UN must be on financial budget to loosen the tight grip of western world and then to reform the power centre of the United Nations i.e. either remove the veto power or give veto powers to other countries which represents the changed world legal order.
QUESTION | A WTO member country “X” agrees with a non-member country “Y” to reduce the tariff on product “A” to 7 percent. Can the WTO members claim the same tariff level on like product “A” from country “X” ? How have the dispute settlement bodies defined the "like product” in Article I-1 of GATT? Importance of this question : International law question - 2020 UPSC QUESTION POSTED ON | 27.10.2021 MODEL ANSWER WILL BE POSTED ON | 28.10.2021 Answers can be written till 28.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click hereANSWER | This question can be divided into 2 Parts. PART 1 : ISSUE | Whether the tariff reduction given by one WTO member to a non-member of WTO, can be claimed by all other members of WTO. RELEVANT LEGAL PROVISIONS | · Article I:1 of GATT obligates that ‘any advantage, favour, privilege or immunity’ – given by 1 member to another – to any product – should be given to others. · If a Member grants an advantage to a non-Member, Article I:1 obliges the Member to grant that advantage also to all WTO Members. DISCUSSION ON THE ISSUE | BUT MFN principle is not strictly applicable for TARIFF REDUCTIONS/NEGOTIATIONS. TARIFF REDUCTION HAS A DIFFERENT PRINCIPLE : As the Article XXVIII bis of the GATT 1994 calls for ‘[tariff] negotiations on a reciprocal and mutually advantageous basis’. WORKING EXAMPLE | X wants Y to reduce tariff on corn, if Y reduces, then X should reduce the tariff on similarly/equivalent priced product. This is how the principle of reciprocity and mutual advantage works. Therefore, it can be agreed that outcome of tariff negotiation is based on (1) equivalent reduction of prices (2) political considerations. ANSWER TO PART 1 : Therefore, the Other WTO members can claim the same tariff level for Product ‘A’ from country ‘X’. But it is for the country ‘X’ to reduce the tariff to others, based on the ‘bound’ and ‘applied’ rates of tariff schedule prevailing on that time. PART 2 OF THE QUESTION : How the ‘like product’ is defined by WTO DSB. ANSWER TO PART 2 : LIKE PRODUCTS : As per MFN treatment - Article I:1 of the GATT 1994 prohibits discrimination between like products originating in, or destined for, different countries. MEANING : In EC- Asbestos case, WTO Appellate Body HELD that the dictionary meaning of ‘like’ suggests that ‘like products’ are products that share a number of identical or similar characteristics. FACTORS TO BE CONSIDERED : In determining “like products” under the first sentence of Article III: 2, the following four factors are considered: (1) the product’s properties, nature and quality, (2) the product’s end uses, (3) consumer tastes and habits, and (4) tariff classification
QUESTION| Write a short note on suits by Indigent persons. Under what circumstances court shall reject the application for permission to sue as an Indigent Person?Importance of this question : Important civil law mains question QUESTION POSTED ON | 27.10.2021 MODEL ANSWER WILL BE POSTED ON | 28.10.2021 Answers can be written till 28.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here How to answer this question? This question has two parts – make a side heading for each part so you cover all parts of the given question. In first part, discuss general provisions on how an indigent can file suit, Give the legal meaning of indigent person and what should be the contents of application of indigent.In second part discuss all the provisions of Rule 5 Order 33 stating the grounds of rejection of application. Answer | Order 33 of CPC provides the procedure for institution of a suit by an indigent person. The intent of the legislature to provide such rules was to enable the indigent (pauper) to file a suit without paying nay court fees. Indigent person: is one who is not possessed with sufficient means to pay the court fee in the suit or if no court fee is prescribed for any suit, he is not entitled to property worth Rs. 1000. Order 33 Rule 2 provides that indigent person can file a suit by making an application seeking permission of the court to apply as an indigent person. His application must include the following: a) all the particulars what are mentioned in the Plaint b) and all the movable or immovable properties of the indigent person with its estimate value c) signature and verification as provided under Rule 14, 15 of Order 6. The application must be presented in person unless the court has exempted it. Rejection of application- Order 33 Rule 5 It provides that the court will prima facie reject an application seeking permission of the court to apply as an indigent person in the following circumstances: a) if the application was not presented in the manner prescribed under Rule 2 and 3 of Order 33. b) If applicant is found not to be an indigent person. c) If the applicant fraudulently disposed of his property within two months before presentation of the application. d) If there is no cause of action. e) If applicant has entered into an agreement with any third party and in respect to subject matter of the suit wherein other party obtains interest. f) If the suit is barred by law.
Importance of this question : International law question - 2020 UPSC QUESTION POSTED ON | 25.10.2021 MODEL ANSWER WILL BE POSTED ON | 26.10.2021 Answers can be written till 26.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here STEP 1 : ACCREDITATION : · A representative with FULL POWERS [Art.7 VCLT] OR · authorised person [Subject to subsequent ratification of state] [Art. 8 VCLT] should be accredited by the state to conduct negotiations with another State or group of States for a specific treaty. STEP 2 : NEGOTIATIONS AND ADOPTION. All treaties are negotiated before adoption. A treaty is to be adopted at an international conference by a two-thirds majority of the States present and voting unless the same majority decides to apply a different rule. [Art.9(2) VCLT] STEP 3 : AUTHENTICATION, SIGNATURE AND EXCHANGE OF INSTRUMENTS. AUTHENTICATION : After adoption of treaty, authentication will be done. Authentication is to finalize the text of the treaty as definitive and authentic. If no authentication procedure is given, it will be done by signature, signature ad referendum or initialling by the representatives of the states. [Art.10 VCLT] · The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means. [Art.11 VCLT] · Initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed. [Art.12 VCLT] · Some treaties are made by an exchange of instruments. [Art.13 VCLT] STEP 4 : RATIFICATION : After signing, ratification is followed, whereby it is an approval by the competent authority of the State concerned. [Art.14 VCLT] STEP 5 : ACCESSIONS AND ADHESIONS. When a State has not signed a treaty, it can accede or adhere to it. Such accession or adhesion is only when the treaty provides for it. Accession or Adhesion is an act whereby a State establishes on an international plane its consent to be bound by a treaty. [Art.15] STEP 6 : ENTRY INTO FORCE : Article 24 of VCLT deals with entry into force of a treaty. States can negotiate that treaty may expressly or impliedly provide or agree in what manner the treaty is to enter into force. Article 110 of UN Charter provides that treaty shall come into force upon the deposit of ratification by a majority of the signatory States including the five permanent members of the Security Council. STEP 7 : REGISTRATION AND PUBLICATION : Article 80 of VCLT deals the rule of registration and publication of treaties. Such registration is done with Secretariat and published by it. An unregistered treaty may not be invoked before any organ of the UN. STEP 8 : APPLICATION AND ENFORCEMENT : Few treaties might require actual incorporation of the treaty provisions into the national laws of the States which are parties to the treaty and subsequent enforcement.
Importance of this question : CPC| Important mains question QUESTION POSTED ON | 25.10.2021 MODEL ANSWER WILL BE POSTED ON | 26.10.2021 Answers can be written till 26.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here How to answer this question? This question has two parts – make a side heading for each part so you cover all parts of the given question. In first part discuss the definition provided under CPC mentioning the relevant Section number. 2. In second part, discuss the provisions of Rule 4 of Order 3 of CPC. Start writing the answer with apt legal terminologies Answer: General Meaning of Pleader: ‘Pleader’ is a person who can plead before the court in any given matter. Relevant Provision: Section 2(15) of CPC, 1908 defines, the term ‘Pleader’ as any person entitled to appear and plead for another in court and includes an advocate, a Vakil and an attorney of a High Court. Primary provisions dealing with ‘Pleader’ are provided under Rules 1- 6 of Order III of CPC, 1908. Appointment of Pleader: Order 3, Rule 4 a) Person acts as a pleader for any person when he is appointed for that purpose by any person by document in writing signed by: · That person, or · His recognized agent, or · Some other person duly authorized by or under a power of attorney to make such appointment. b) Appointment of pleader shall be filed in court and it will remain in force: · Until determined by the client or pleader in writing with the leave of court, or · Until the death of pleader or client, or · Until all proceedings in the suit in regards to client end.
Importance of this question : RJS 2018 MAINS QUESTION QUESTION POSTED ON | 23.10.2021 MODEL ANSWER WILL BE POSTED ON | 24.10.2021 Answers can be written till 24.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click her Answer: Money Bill is defined under Article 110 of the Constitution of India, 1950. Meaning: Money Bill is a kind of Financial Bill but all financial bills are not Money Bills. The difference is that Money Bills are always introduced in Lok Sabha only. The bills which exclusively deal with financial matters enumerated under Article 110 are Money Bills, for example: a) Bill for imposition, abolition, remission, alteration or regulation of any tax. b) Appropriation of money outside Consolidated Fund of India One significant development in this regard made by the Supreme Court includes the judgment delivered by it in the case of Justice K.S Puttaswamy v. Union of India, (2018). In this case, the apex court by 4:1 majority upheld the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 as constitutional. It ruled that the Act empowers disenfranchised sections of society by providing them better access to fundamental entitlements, such as State subsidies. The Court held that the Act was competently passed by Parliament, even though it was passed as a Money Bill.
Importance of this question : Indian Penal Code Question QUESTION POSTED ON | 23.10.2021 MODEL ANSWER WILL BE POSTED ON | 24.10.2021 Answers can be written till 24.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here MISTAKE OF FACT AND LAW : Sections 76 and 79 of Chapter-IV (General Exceptions) of the Indian Penal Code, 1860 explain the provisions about “Mistake of Fact” and “Mistake of Law”. These provisions are based upon the common law maxim “Iqnorantia facti doth excusat; Ignorantia juris non excusat.” (Ignorance of fact is an excuse, but ignorance of law is not excused.) . Mistake of fact is a good defence in criminal law, which is explained in two Sections 76 and 79. Both of these Sections are included in General Exceptions (Chapter-IV). BOUND BY LAW : Section 76 of the IPC says that nothing is an offence which is done by a person who, is or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. EXAMPLES : (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. JUSTIFIED BY LAW : Section 79 which says that nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. EXAMPLES : A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. 1. FACTS SHOULD HAVE BEEN BELIEVED BY HIM : To avail the protection under section 76 and 79, the facts should have been believed by him. 2. ACT SHOULD BE REASONABLE : Mistaken act must be reasonable to avail the protection under section 76 and 79. 3. MISTAKE OF FACT, NOT MISTAKE OF LAW : A mistake which takes place when some fact which really exists is unknown; or some fact is supposed to exist which really does not exist. 4. GOOD FAITH : The words “good faith” means “the act done with due care and attention”. They also include the genuine belief of the person. The burden of proof lies upon the person who wants to take the shelter of good faith. Good faith is a question of fact. Section 57 of IPC says about good faith where essential ingredient is due care and attention . Even if a person is honest in his intentions, he is expected to act with due care and caution. The definition of good faith under the General Clauses Act is not applicable to an offence under the IPC Due care denotes the degree of reasonableness in the care sought to be exercised.In State of West Bengal v. Shew Mangal Singh, Supreme Court held that Due care and caution principle requires three factors, firstly, the nature of the act committed by the accused; secondly, its magnitude and importance, and thirdly, the facility a person has for the exercise of the care and attention.
Importance of this question : 2017 LAW OPTIONAL MAINS QUESTION POSTED ON | 21.10.2021 MODEL ANSWER WILL BE POSTED ON | 22.10.2021 Answers can be written till 22.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here SCOPE OF RIGHT OF ASYLUM UNDER INTERNATIONAL LAW : Asylum involves two elements: shelter and a degree of active protection. It may be either territorial asylum, granted by a state on its territory, or extra-territorial asylum, granted in consular premises, diplomatic missions, etc. DISCRETION OF THE STATE : A State can let an alien enter and remain in its territory even if his own State objects. When this is done, it is known to be as grant of asylum (or political asylum). This is complete discretion of the conferring state. Aliens have no ‘right’ of asylum, it is merely the right of a State to grant or refuse it. TERRITORIAL ASYLUM : Right to grant asylum emanates from the doctrine of territorial supremacy or an aspect of territorial sovereignty. This general view that every state has a right to grant territorial asylum subject to the provisions of any extradition treaty in force. Article 14, Universal Declaration of Human Rights 1948 provides that: 1. Everyone has the right to seek and enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. EXTRA-TERRIORIAL ASYLUM : States enjoy certain privileges and immunities in the territories of States in places such as their diplomatic missions in other States. As far as extra-territorial asylum is concerned, there exists no general right to grant diplomatic asylum. This point was confirmed by the ICJ in the Asylum case (1950). Exceptionally extra-territorial asylum may be granted: (a) as a temporary measure to individuals in physical danger; (b) where there is a binding local customary rule that diplomatic asylum is permissible; (c) under special treaty.