No.

of printed pages: 10

Class XII
Legal Studies (074)
Post Mid Term Exam 2024-25
Set A

Maximum Marks: 80 Time Allowed: 3 Hours

General Instructions:
 All questions are compulsory
 Do not change the order of the questions. Either attempt from 1-40 or 40-1.
 Attempt all parts of the question together.
 Do not leave any question unanswered.
 Tabulate the differences with proper basis for differences.

SECTION A

1. If through a newspaper article, it comes to the notice of the National Commission for 1
Protection of Child Rights (NCPCR) that grave deprivation and violations of child rights
have taken place at a particular orphanage, then does the NCPCR has any power to take
any action?

a. It can take suo moto notice of the matter.

b. It can take action only if a complaint is filed.
c. It cannot act on the basis of a newspaper article.
d. It can act only if a police complaint is filed.

2. Smith, is a law graduate in the UK, who, after completing his law degree, completes the 1
Bar Vocational Course (BVC) and then seeks a “pupillage”. Which category of legal
professionals does Smith belong to?

a. Barrister
b. Solicitor
c. Advocate
d. Attorney

3. Anil Gopal Swamy has been appointed to a legal office in India under Article 76 of the 1
Constitution. He enjoys all the privileges and immunities available to a Member of
Parliament. Identify the position held by Anil Gopal Swamy.

a. Chief Justice of India

b. Advocate General
c. Attorney General

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 d. Solicitor General

4. Match the legal professionals with their capacity to practice in courts 1

Category Feature

i Advocate A Ex officio member of the Bar Council

ii Senior Advocate B Only these advocates are entitled to file any matter
or document before the Supreme Court.

iii Advocate on Record C entitled to practice in all courts of India including

the Supreme Court.

iv Attorney General D not entitled to file a vakalatnama in any court or

tribunal, or accept instructions to draft pleading or
affidavits.

a. i. A, ii. B, iii. C, iv. D

b. i. B, ii. A, iii. D, iv. C
c. i. C, ii. D, iii. B, iv. A
d. i. B, ii. D, iii. C, iv. A

5. Assertion: State must respect all the legal rights that are owed to a person and confirm 1
to the norms of fairness, liberty etc.

Reason: Independence of judiciary is vital for the respect of due-process of law

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

6. Assertion (A): ‘Ambulance Chasing’ is not representative of professional practice in 1

India.

Reason (R): ‘Ambulance Chasers’ are a class of lawyers who solicit business by lurking
around hospitals or by ads in newspapers and Yellow Pages with toll-free numbers and
“free” consultations.

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

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 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

7. Which of the following is true regarding the "capacity to contract"? 1

a. Only minors are considered capable of entering into a contract
b. A person who is intoxicated or of unsound mind cannot legally enter into a valid
contract
c. Any individual of any age can enter into a valid contract as long as it is written
d. Corporations are always incapable of entering into a contract

8. Which of the following scenarios best illustrates the value of copyright protection for a 1
business?
a. A publishing company wants to prevent others from copying and selling their books
without permission.
b. A restaurant wishes to safeguard its unique cooking process for a signature dish.
c. A tech startup aims to protect the name and logo of their app from being used by
competitors.
d. A furniture designer seeks to ensure that their original chair designs are not replicated
by other manufacturers.

9. Ravi, a car manufacturer, sold a batch of cars to a dealership. One of the cars, a luxury 1
model, was found to have a defect in its braking system that had not been noticed during
quality control. The defect made the brakes fail unexpectedly during a test drive by a
potential buyer, causing the car to crash into a wall. The buyer was injured and sued
Ravi for the damages. Ravi claims that the defect was unforeseeable and that he cannot
be held responsible for the accident.
Which of the following elements must be proven by the injured party (buyer) in order
to successfully sue Ravi?

a. That Ravi had the intent to cause harm

b. That Ravi was aware of the defect before the sale
c. That Ravi owed a duty of care, breached that duty, and caused harm
d. That Ravi was the sole cause of the accident

10. Justice Mehta was appointed as a judge of the Bombay High Court in 2018. In 2021, he 1
was assigned to serve as the President of the State Human Rights Commission for a
period of two years. In 2024, Justice Mehta expresses interest in being considered for
appointment to the Supreme Court. Is he eligible?
a. Yes, because he will have completed five years as a judge of the High Court in 2024.
b. No, because his seniority must be considered before applying.

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 c. No, because the requirement of holding the office continuously for five years has not
been met.
d. No, because he must serve as a High Court judge for at least ten years.

11. Three partners—Arjun, Leela, and Vikram—co-founded a luxury fashion brand. As the 1
brand gained international attention, disagreements surfaced regarding the company’s
expansion strategy and ownership stakes. Arjun believes in aggressive global
expansion, while Leela prefers consolidating the brand in existing markets first. Vikram,
on the other hand, wants to bring in private investors, which Arjun and Leela strongly
oppose. The disagreements have led to frequent deadlocks in board meetings, severely
affecting company decisions. The partners wish to resolve these issues without harming
their business relationships and ideally, without a binding decision being imposed upon
them.
Which ADR method is most suitable for resolving these issues?
a. Arbitration, to allow a neutral third party to make a binding decision.
b. Mediation, to facilitate a collaborative discussion with the help of a neutral third
party.
c. Lok Adalat, to allow a quick and inexpensive resolution.
d. Adjudication, to ensure a binding decision is reached quickly to avoid further
business disruption.

12. Assertion (A): The doctrine of basic structure limits the amending power of Parliament 1
under Article 368 of the Constitution of India, thereby ensuring that certain fundamental
principles remain inviolable.
Reason (R): The judiciary has recognized specific features—such as the supremacy of
the Constitution, separation of powers, and federalism—as essential to the basic
structure, restricting Parliament’s ability to alter these elements even with a
constitutional amendment.

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

13. Statement 1: The Central Pollution Control Board (CPCB) mandates regular monitoring 1
of air and water quality to ensure environmental sustainability and public health.

Statement 2: Imposing stricter standards on industrial effluents and emissions is one of

the CPCB's key methods to combat environmental pollution.
a. Both Statement 1 and Statement 2 are true
b. Both Statement 1 and Statement 2 are false

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 c. Statement 1 is true but Statement 2 is false
d. Statement 1 is false but Statement 2 is true

14. Rohit had a debt of ₹50,000 that he owed to Suresh. Due to financial difficulties, Rohit 1
was unable to pay the full amount and requested Suresh to accept ₹30,000 as a final
settlement. Suresh agreed and accepted the reduced amount.
In this scenario, Suresh’s act of accepting ₹30,000 as a final settlement of the debt owed
by Rohit is an example of:
a. Merger
b. Waiver
c. Remission
d. Novation

15. Rohan, a professional shot put player, throws his iron ball at Ravi, intending to injure 1
him. However, Ravi ducks and escapes getting hurt. Identify the tort in the above
situation.
a. Battery
b. Assault
c. Battery and assault
d. No liability, as Ravi didn’t get injured

16. Assertion (A): Legal services in India are primarily available through private legal 1
practitioners and are often inaccessible to economically disadvantaged individuals.

Reason (R): The Legal Services Authorities Act of 1987 was introduced to bridge this
gap by providing free legal aid to the underprivileged, and it empowers various legal
authorities to offer assistance in civil, criminal, and family matters.

Identify the correct option:

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

17. Raju has been left an amount of Rs one lakh by a distant relative. With this amount Raju 1
wants to start a business of small electronic items in his village. He has no knowledge
of legal processes and no legal advisors. In this scenario what is the best form of
business that he should start?
a) sole proprietorship
b) Partnership

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 c) limited liability partnership
d) one person company

18. In the context of arbitration under the Arbitration and Conciliation Act, 1996, an 1
arbitration award is:

a. Binding only on the parties involved in the dispute and enforceable only with their
consent.
b. A recommendation made by the arbitrator, which is not legally binding.
c. Final and binding on the parties, and can be enforced like a court decree, unless set
aside by a court.
d. A decision that can be appealed to a higher arbitration panel.

19. The Universal Declaration of Human Rights (UDHR), adopted by the United Nations 1
General Assembly in 1948, primarily aims to:

a. Establish a legally binding treaty for member states to follow.

b. Promote economic cooperation between countries.
c. Set out common standards of human rights and freedoms for all people, regardless
of nationality.
d. Provide a framework for international trade and commerce.

20. A group of students from a minority community in a school in India argues that the 1
medium of instruction used by the school is disadvantaging them, as it is not their
mother tongue. They claim that their right to conserve their culture and language is
being violated, as they are unable to preserve their linguistic heritage through the
medium of education.
Which of the following statements best explains the legal position in this scenario?

a. The right to education guarantees that individuals must be taught in their mother
tongue to preserve their culture.
b. Minorities have the right to conserve their distinct language, script, and culture, but
this does not extend to choosing the medium of instruction in educational institutions.
c. Minorities are entitled to be educated in their mother tongue at all educational
institutions across the country.
d. The right to preserve culture and language only applies in the context of religious
practices, not education.

SECTION B

21. In the state of Maharashtra, a prominent government officer, Mr. Ravi Joshi, was 2
accused of corruption and misuse of power by a social activist. The allegations included
taking bribes for awarding government contracts. Despite the evidence, the state

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 government failed to take any action, and Mr. Joshi continued to hold his position. The
social activist approached the Maharashtra Lokayukta seeking an inquiry into the
matter. The Lokayukta, after reviewing the complaint, directed an investigation into Mr.
Joshi’s actions. However, the state government refused to cooperate, claiming that the
Lokayukta did not have the jurisdiction to investigate the issue involving a senior officer
under its direct control.
Does the Lokayukta have the jurisdiction to investigate allegations against Mr. Ravi
Joshi? Explain stating the provisions under the Lokpal and Lokayuktas Act, 2013.

22. Mr. Swami is a qualified Lawyer practising since 1990 in High Court of Delhi and in 2
the Supreme Court of India. He is having special knowledge and expertise in the field
of Civil and Criminal Laws. While appearing in a courtroom he usually dresses in black
and white, wear a white band around his neck and a black gown having flaps on the
shoulders.
On 18 November 2024, Mr. Mehta directly approached and appointed Mr. Swami as his
advocate, to file an appeal in the Delhi High Court against the decision of District Court.
Mr. Swami accepted Rs. 1 lakh in cash as his consultation charges. On 19 November,
2024 i.e. on the very next day, without wasting any time Mr. Swami started drafting
pleadings as 29 November, 2024 was the last day to file the appeal.
a) Mr. Swami comes under which category of legal practitioner as recognized by the
Advocates Act, 1961?
b) Give reason to your answer whether the conduct of Mr. Swami is justified as per the
provisions of the Advocates Act, 1961?

23. In the state of Punjab, a local law firm filed a petition before the Supreme Court of India, 2
challenging a newly enacted state law that they claimed was in violation of the
Constitution. The law in question imposed heavy restrictions on the practice of law by
foreign lawyers and law firms in the state, which the petitioners argued infringed on
their rights under Articles 19 (1)(g) and 14 of the Constitution. The law firm contended
that the state legislature did not have the authority to regulate the practice of law at this
level, as it was a matter of national concern.

The Punjab government, on the other hand, argued that the matter fell under the state’s
jurisdiction, as the law primarily concerned the regulation of professionals practicing
within the state and did not extend beyond its boundaries.

Does the Supreme Court have jurisdiction to hear the case in this situation? Explain
the grounds on which the case may fall under the Supreme Court’s jurisdiction.

24. Article 19 of the Indian Constitution prescribes and protects various freedoms to all its 2
citizens. Are these Freedoms absolute? On what grounds can the Freedoms of the
citizens be restricted?

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25. Amit entered into a contract with Deepak to purchase a vintage car for ₹10,00,000. The 2
contract specified that the car would be delivered within 30 days after the agreement
was signed. Deepak, however, failed to deliver the car even after 40 days had passed.
Amit, in response, decided to cancel the contract and demanded a refund of the advance
payment of ₹2,00,000 that he had made. Deepak did not respond to Amit’s demand and
claimed that he had been facing supply issues with the car's parts and could not fulfill
the order.
1. Has Deepak committed a breach of contract? Explain giving reason.
2. What legal remedies are available to Amit in this situation?

26. Differentiate between Criminal defamation and civil defamation. 2

27. “In 2009, Section 377 of the Indian Penal Code, 1860 was declared invalid and 2
unconstitutional by the Delhi High Court to protect rights to privacy, non-
discrimination, and liberty of lesbian, gay, bisexual and trans gender people. But in
2013, the Supreme Court reversed the High Court's decision.”
Apoorva and Kiran were convicted under Section 377 in the year 2011. Stating the
relevant Constitutional provision, explain if the conviction can be upheld in law.

28. Rajeev Kumar was on trial for the murder of his wife, Neelam. Neelam was an avid 2
gardener and often used a particular type of pesticide that contained harmful chemicals.
One evening, Neelam became ill, and Rajeev, in an attempt to help her, mistakenly gave
her a dose of pesticide instead of medicine. Neelam accidentally consumed the pesticide
and died. Terrified, Rajeev, along with his close friend Vikas, disposed of her body by
dumping it in a remote forest area. While in police custody, Rajeev confided in a fellow
prisoner about the tragic incident and admitted that the death was unintentional.
i. Will the statement made by Rajeev to the fellow prisoner be considered a confession
or an admission? Explain your reasoning.
ii. How would the nature of this statement impact the case during the trial?

SECTION C

29. In a small village, a large factory owned by ABC Ltd. produces hazardous chemicals. 3
The factory has a large storage tank containing dangerous chemicals used in the
manufacturing process. One night, due to a symbiotic reaction within the stored
chemical, the storage tank ruptures, and a chemical spill occurs, contaminating the
nearby river. As a result, several villagers suffer from severe health issues due to the
toxic chemicals in the water. The spill also destroys agricultural land, causing loss of
crops and damage to the ecosystem.
The villagers decide to file a lawsuit against ABC Ltd. for the damages caused by the
chemical spill, even though the company had taken all possible precautions and
complied with safety regulations.
i. Discuss , giving reason, whether ABC Ltd. can be held liable under strict liability?

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 ii. State the essential elements to be proved to make the company liable for the loss.
iii. What defense is available with ABC Ltd.?

30. “These bodies were established by the Legal Services Authorities (Amendment) Act, 3
2002, for settling disputes concerning public utility services at pre litigation stage”
a. Identify the institution being talked about in the above lines.
b. Enlist any four services covered under Public Utility Services?

31. Is international law considered weak? Provide reasons to support your answer. 3

32. Machal Lalung was 23 when he was arrested. A resident of Chuburi village of Morigaon 3
district of Assam, Machal was charged of causing grievous injuries. He was found
mentally too unstable to stand trial and was sent as under trial to Lok Priya Gopinath
Bordoloi Mental Hospital in Tejpur for treatment. Machal was treated successfully and
doctors wrote twice to jail authorities in 1967 and 1996 that he was fit to stand trial. But
no one paid any attention. Machal Lalung remained in “judicial custody.’’ Machal
Lalung was released in July 2005 with the efforts of a quasi judicial body came to the
rescue . He spent 54 years under custody during which his case never came up for
hearing.
a. Identify the rights of Machal Lalung, if any, that have been violated?
b. Which quasi judicial body helped in the release of Machal?
c. What other remedy was available to Machal Lalung?

33. a. Which agreement and treaty obligate India to liberalize its legal profession? 3
b. Explain the differing views taken by various High Courts regarding the
liberalization of the legal profession in India.

34. In an adversarial dispute resolution model, the knowledge and experience of a judge is 3
not fully utilized. Justify the above statement.

35. In a small town near a river, multiple plastic factories have been releasing untreated 3
waste into the river, causing significant environmental pollution and health issues
among the local residents. A social worker files a petition in the High Court, arguing
that the residents are unable to approach the court due to lack of resources and
requesting that the court take action to stop the pollution and provide relief to the
affected communities.

a. Identify and explain the type of legal action taken by the social worker.
b. How does this legal action help protect the environment and public health, even when
affected individuals may not directly approach the court?

36. Xena Corporation has developed a unique formula for a cleaning solution that is highly 3
effective and formula is shared with only a few trusted chemists in the production team

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 within the company. The formula is not patented, as Xena Corporation fears that filing
a patent might lead to disclosure. However, one of their employees, Y, leaves the
company and takes the formula to a competitor, Zeox Corporation, which then uses the
formula to develop and market a similar product.

A few months later, Xena Corporation realizes what has happened and files a lawsuit
against both Y and Zeox Corporation, claiming that their intellectual property has been
misappropriated. At the same time, Zeox Corporation decides to file a patent for the
formula, claiming it as their own invention.
a. Can X Corporation seek legal protection for the misappropriation of its intellectual
property? Justify your answer based on the nature of intellectual property
misappropriated.
b. Analyze whether Z Corporation is eligible to file a patent for the formula. Explain
why or why not, considering the principles for granting patent.

SECTION D

37. Alex, a seasoned software developer, has been successfully running his software 5
development business as a sole proprietorship for the past three years. As his client base (3+2)
expands and he takes on larger projects, he begins to consider the advantages of
transitioning his business into a One Person Company (OPC).
a. What specific benefits can Alex gain by converting his sole proprietorship into an
OPC? b. How does the OPC structure alter his personal liability, and what safeguards
does it provide for his personal assets?

38. Explain the elements of Customary International Law. Give the stance of ICJ regarding 5
the elements of customary international law in the North Sea Continental Shelf case. (2+2+1)
Why is International customary law the most disputed source of international law?

39. How is the panel of lawyers to provide free legal aid constituted under NALSA 5
Regulations 2010? What is the role of Senior Advocates in the panel? (4+1)

40. Anu owns a piece of land and enters into a contract to sell it to Bela. However, before 5
completing the sale, Anu becomes involved in a legal dispute with Chitra, her sister, (3+2)
over the ownership of this land. Despite the ongoing case, Anu proceeds to transfer the
land to Bela. Unaware of this, Deepak, her nephew, later receives a gift of another
property from Anu but discovers that, according to Anu’s will, he is required to pay Rs.
10,000 a month for the upkeep of Anu’s minor daughter if he wants to gifted property.
A. Explain whether the transfer of land to Bela is valid despite the ongoing dispute with
Chitra.
B. Analyze Deepak’s position with regards to the gifted property from Anu.

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