HARYANA (ADJ) Paper-III 2011

HARYANA SUPERIOR JUDICIAL SERVICES (MAIN WRITTEN EXAMINATION), 2011

LAW PAPER-III

Time Allowed:3 Hours Max. Marks- 200

Note: (i) Answer all questions.

(ii) All question carry equal marks. However, the marks carried by each part in a  question have been indicated against that part.

1. (a). In Zee Telefilms Ltd. v. Union of India (2005), the Supreme Court observed that in Article 12 the term "other authorities" was introduced at the time of framing of the Constitution with a limited objective of granting judicial review of actions of such authorities which are created under statute and which discharge state functions. Trace the judicial interpretation of Article 12.                                                       (20 Marks)

(b) What do you understand by the colourable exercise of the legislative power? Discuss. (10 Marks)

(c) The State education rules provide for compulsory singing of National Anthem in Schools every morning. 'A' a student whose religion, it is alleged, does not permit singing in praise of anyone, other than God, refuses to sing but stands in respect when National Anthem is sung. The School Authorities expel 'A' for violating the Rules. Write the grounds on which the expulsion can be challenged, if any               (10 Marks)

2. (a) What do you understand by the principle of res-judicata? Discuss the essential conditions of the doctrine of res-judicata. Whether it applies to co-defendants? Refer to case law (20 Marks)

(b) Satnam Singh files a suit for partition against his father and brothers. The suit is resisted on the ground that there is already a partition in the family through an unregistered family settlement. The document is tendered in evidence but the plaintiff raises an objection to its reception on the ground that it is unstamped and unregistered. How would you proceed? (10 Marks)

(c) 'A' claims a sum of money as due to him from 'X' or 'Y'. The suit is decreed partly against 'X' and partly against 'Y', "X' appeals and 'Y' does not. Whether the Appellate Court can discharge 'X', making 'Y' liable for the whole amount?                                                 (10 Marks)

3. (a) X is the owner of a drive-in-theatre wherein cinema films are exhibited. As per law of the State, where an auditorium is also provided in a drive-in-theatre premises, persons other than those desiring to view the cinema while sitting in motor cars can "also" be admitted. The person who is admitted to view the film is required to pay Rs.300/- but a person sitting in his car in the auditorium is further required to pay Rs.200/- more. The challenge to the levy (Rs.200/-) is on the ground that the vehicle is not a person entertained and, therefore, the levy is ultra vires (not as per List II of Schedule VII to the Constitution of India). The State contends that the word "entertainment" is wide enough to comprehend in it the luxury or comfort with which a person entertains in the theatre himself.

Apply the most relevant rule of interpretation and discuss the rule also with the help of case law.                                            (20 Marks)

(b) The rule laid down in Heydon's case in England as far back as 1584 is a sound rule of construction of statutes and is equally applicable to the construction of statutes in India. Discuss the rule with reference to decided cases.                                                         (10 Marks)

(c) Section 5 of the Maternity Benefits Act, 1961, makes the employer liable for the payment of maternity benefit at the rate of average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and six weeks immediately following that day. The point in dispute was whether Sundays being wageless holiday should be excluded from purview of Section 5? Discuss the rule of construction to be applied in this case and give a reasoned judgment.                                                                                  (10 Marks)

4. (a) The Sociological School considers law as a social phenomenon and examines law in relation to Society. It takes a fundamental functional view of law in the writings of Roscoe Pound, who propounded the theory of Social Engineering and balancing of social interests. Elaborate.

(20 Marks)

(b) Second Administrative Reforms Commission which submitted its Report in 2007, favours the constitution of the National Judicial Council (NJC) as a positive development in the direction of ensuring accountability but feels the need that NJC should be broad based with enhanced powers. Elucidate. (10 Marks)

(c) The Principal of a local school invites you to inaugurate a legal literacy club proposed to be set up at the school. You ask the Principal if there is any case in relation to the School pending in any Court. He explains that there was a suit in the Court of Jr. Division subordinate to your Court at the instance of a member of the School Committee challenging the election of office bearers, but the case was later dismissed as withdrawn. There is no suit pending now. What are the ethical issues involved?

(10 Marks)

5. (a) The inherent powers of the Court are in addition to the powers specifically conferred on the Court by the Code of Civil Procedure. Whether they are complimentary to those powers and the Court is free to exercise them for the ends of justice or to prevent the abuse of the process of the Court? Discuss.                                                                                                                                                         (20 Marks)

(b) 'A' is a tradesman in Kolkata. 'B' carries on business in Mumbai. 'B' by his agent in Kolkata buys goods of 'A' and requests 'A' to deliver them to Golden-Indian Railway Company in Kolkata. 'A' delivers the goods accordingly in Kolkata. In a dispute for the price of goods, where 'A' can sue 'B'? Discuss the relevant provision of the Civil Procedure Code and decide.                                                                      (20 Marks)