Paper 1

HARYANA SUPERIOR JUDICIAL SERVICES EXAMINATION, 2008
PAPER I – LAW (CORE SUBJECTS)

Time:  Three Hours                                                                                                                                                                                                                                                 Maximum Marks: 250

Note:  Attempt all questions (alongwith parts and sub-parts) in the same order in which they are given in this question paper.

Marks are indicated against each question.
Answers should be precise and to the point.
No extra answer sheet shall be provided.
Refer to the relevant case-law wherever required.

Q.I  (a)  How would you prove the following documents under the Indian Evidence Act?
(i)  A Will of which the attesting witnesses are dead.
(ii)  A registered sale deed.
(iii)  A document which is thiry years old.
I  (b)  A institutes a suit for possession of the property on the basis of a sale deed in his favour.  However, he does not produce the sale deed in his evidence.  Can the possession be granted to him on the basis of other evidence on record?                         (8 Marks)
I  (c)  A send a notice to B through registered post at his correct address informing him that the cheque issued by him has been dishonoured and asks him to make the payment within 15 days from the receipt of the notice.  B, at the trial, states that he had not received the notice.  Can the court presume that the notice had been delivered to B?  And can b be stopped from raising this contention?
(8 Marks)
I  (d)  A produces a certified copy of the Will contending that he has lost the original Will without any declaration about the date or the approximate period of the loss.  Can the certified copy of the Will and his testimony in that behalf be accepted as sufficient evidence by the court?     (8 Marks)

Q.  II  (a)  A is in possession of a piece of land.  B files a suit seeking decree for declaration of the title of the land in his name.  However, B does not seek further relief of possession of the land.  Is B's suit for mere declaration of title maintainable under the Specific relief Act?         (6 Marks)
II  (b)  A had given his building to B on rent.  B opened his office in that building.  B shifted his office to some other place due to fire in that building.  However at the time of his shifting, his lease had already expired.  B files a suit for possession of the building under the Act on the ground that the lease was renewable and that he had to shift his office only because of fire in the building.  Will the court restore the possession of the building to B?                         (8 Marks)
II  (c)  A serving Colonel in Army is due to retire on 31-03-2009 from Govt.  Service (after one year).  His only house is in occupation of an adamant tenant.  He consulted a lawyer requesting him to initiate speedy summary procedure for evicting him, so as to shift to his house before his retirement, who, however, advised him to file the case within one year after his retirement.  In the light of this predicament suggest if any protection in available to him under the Haryana urban (Control of Rent and Evicting) Act, 1973.                                 (8 Marks)
II   (d)  A landlord loses his case in the High Court, which upturns the judgments of the courts below ordering eviction of his tenant on account of sub-letting.  After reading the judgment of the High Court in details, the landlord found that the High Court had misinterpreted several judgments of the Hon'ble Spreme Court of India, due to which he is advised to file a review petition in the High Court pointing out an error apparent on record.    
The tenant however raises an objection on the maintainability of review petition under the Haryana Rent Act, by citing the provision of section 14 thereof, where the orders attaining finality could not be reopened.  Moreover, he contends that a review petition is a statutory remedy, and the Haryana Rent Act nowhere provides the remedy of review, hence the review was not maintainable.  In the light of this situation, discuss the maintainability of the review petition in the High Court.     (8 Marks)

Q.  III  (a)  Capital punishment can be awarded to a guilty person in rarest of rare case.  What are the cardinal questions that you would like to address while awarding death sentence to a murderer in the light of the decisions of the Apex Court?                     (6 Marks)
III (b)  (i)  Accused 'X' his bottle filled with some liquid on the head of Z, but there was no evidence to show whether that liquid was kerosene or petrol.  The other accused 'Y' threw lighted lamp from a distance causing fire to Z, who died on the spot.  This act of throwing lighted lamp was random and resorted to at the spur of moment.  For what offences 'X' and 'Y' are respectively liable?  Are they liable for one and the same offence?                            
(ii)  A scuffle took place between 'X' and 'Y'.  During the scuffle, 'X' picked up a knife that fell down from the hands of 'Y'.  The grappling however still continued and 'Y' caught hold of the neck of 'X' and, thus, began to strangulate him.  'X' then loosing his self control gave two blows of knife to Y, who died.  Is 'X' entitled to get the benefit of the provisions of right to defence, if so, give reasons?
(8 Marks)
III  (c)  (i)  Is 'test identification parade' evidence receivable?  Discuss briefly in the light of the statement that 'section 9 of the Evidence Act is a second exception to the general rule that evidence of collateral facts is not usually receivable.'
(ii)  Is trial with the aid of video conferencing permissible under the provisions of the Evidence Act?
(8 Marks)
III  (d)  (i)  Discuss the evidentiary value of D.N.A. profiling of an accused.
(ii)  It is true that if a person making a dying declaration chances to survive, his statement is inadmissible as a dying declaration under section 32.  But could it be relied upon or used for the purpose of contradictions etc.,  under other provisions of the Evidence Act?     (8 Marks)

Q.  IV  (a)  (i)  Critically analyze the provision of Code of Criminal procedure relating to examination of an accused by a registered medical practitioner.                
(ii)  Can an accused released on bail be ordered to undergo a medical test?
(6 Marks) 
IV  (b)  (i)  Discuss the provisions of Code of Criminal Procedure relating to the maintenance to wife with special reference to amendment made by the Code of Criminal Procedure (Amendment) Act, 2001.
(ii)  Are following persons entitled to maintenance under the Code:
(i)    divorced wife.
(ii)    wife of a void marriage.
(iii)    father from his married daughter.             (8 Marks)
IV  (c)  (i)  Explain briefly the procedure to be adopted by the police upon seizure of property.
(ii)  In case of rival claims to vehicle by the financer and the registered owner of the vehicle, to whom the court should return the vehicle?                     (8 Marks)
IV  (d)  An accused in a case under section 308 of IPC seeks permission of the court to enter into a compromise with the complaint.  In support of his request he submits an affidavit of the complaint to this effect.  Can such permission be granted under the provisions of Cr. P.C.?
(8 Marks)

Q.  V  (a)  Market value of the land is said to the principal factor for determining the payable compensation for compulsory acquisition of land under the Land acquisition Act of 1894.  However, if the definite material for determining the market value either in the shape of similar lands in the neighbourhood at or about the date of notification under section 4(1) of the Act or otherwise is not available, what other evidence in the form of 'positive and negative factors,'  as spelled out by the Apex Court in various decisions, is available as determinant of market value?  Discuss.
(15 Marks)
V  (b)  A dealer of the Hindustan petroleum took on lease some premises for a period of ten years.  On the expiry of lease period, the landlord refused to review the lease.  After giving notice to quit, he filed a suit for eviction of his tenant.  However, the tenant continued in possession of the suit property and paid the rent regularly.  The landlord accepted the rent under protest.  He also made it clear that the money being paid by the tenant would be adjusted against the damages which the tenant is liable to pay for wrongful possession of the suit property.  Under the circumstances, the tenant took the plea that he has become 'tenant by holding over' under section 116 of the Transfer of Property Act, 1882, inasmuch as the rent is being accepted by the landlord.  Decide whether tenant would succeed.
(15 Marks)

Q.  VI  (a)  When can temporary injunction be granted by the Civil Court?  Is this power discretionary?
(8 Marks) 
(b)  What is a representative suit?  By whom and under which circumstances can such a suit be filed?
(8 Marks)
(c)  Distinguish between Appeal, Revision, Review and Reference.     (8 Marks)
(d)  The second appellate court is said to have the requisite jurisdiction to interfere with the concurrent findings of the both the courts below under section 100 of CPC if the case involves a substantial question of law.  Discuss what is 'question of law' and show how it is different from 'substantial question of law' for the purpose of invoking jurisdiction of the second appellate court under section 100 of the CPC.
(12 Marks)

Q.  VII  (a)  (i)  Briefly discuss the principle of irretrievable breakdown of marriage?
(ii)  What is the objective of three judge bench decision of the Supreme Court in Naveen Kohli v. Neelu Kohli, AIR 2006 SC 1675, in recommending the introduction of the breakdown principle as a ground of divorce into the Hindu Marriage Act, 1955.                 (10 Marks)
(b)  (i)  What are the legal bars (the matrimonial bars) under the Hindu Marriage Act, 1955?
(ii)  How do these bars assist the court in the resolution of marital conflict problems?
(c)  A husband applied for divorce on ground of cruelty of his wife.  The Trial Court found that the incidents demonstrated by the husband in his testimony fell within the purview of petty quibbles that happen in day-to-day married life.  finding that the withdrawal by the husband from the society fo the wife was unreasonable, the court granted the decree of restitution of conjugal rights in favour of wife.  Husband did not resume cohabitation with her.  After a period of one year, he moved the court for divorce under section 13(1A) of the Hindu Marriage Act, 1955.  The wife resisted the petition by invoking the provisions of section 23(1)(a) of the said Act. Decide the case.     (14 Marks)

Q.  VIII (a)  When an empowered officer or a duly authorized officer, acting on prior information, is about to search a person under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985:
(i)  Is it imperative for him to inform the person concerned of his rights under the Act?
(ii)  Is it necessary for him to provide the information in writing?
(iii) Will failure to inform the person concerned would cause any prejudice to an accused?
(iv)   Will the search made without informing the person of rights vitiate the trial.
(v)   Will it render the recovery of the illicit suspect and vitiate the conviction and sentence of the accused where the conviction has been recorded only on the basis of the possession of the illicit article recovered from his person?
(b)  Discuss whether a Magistrate can allow/disallow the following requests of the Police under the relevant provisions of Cr. P.C.
(i)  Request to take hair sample of the accused.
(ii)  Request to get the signatures of the accused.
(iii)  Request for subjecting the accused to narco-analysis.         (12 Marks)