Law Paper II

PUNJAB SUPERIOR JUDICIAL SERVICES (MAIN WRITTEN EXAMINATION), 2011

LAW PAPER-III

Time Allowed: 3 Hours Max. Marks- 200

Note: (i) Answer all questions.

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

1. (a) The Directive Principles of the State Policy contain the policy matters which can improve the life of a person or a group. Keeping this in view, evaluate the judicial decisions which have expanded the horizons of Articles 14 and 21 of the Constitution, to limitless boundaries. Is it a good use of constitutionalism? (20 Marks )

(b) "Secularism is neither anti-God nor pro-God. It eliminates God from the matters of State and ensures that no one shall be discriminated on the ground of religion." In the light of the above statement, discuss the true import of freedom of religion guaranteed under the Constitution of India.

(20 Marks)

2. (a) 'A' a Political party routs 'B', another political party in the general elections to Parliament. The Political Party 'B', does not get even a single Parliamentary seat in the nine States where it had the majority of seats in the State Assembly by virtue of an election in the past. The President dissolves the Assemblies of these States on the advice rendered by the 'A' Political Party's cabinet at the Centre. The nine States challenge the action before the Supreme Court. Will they succeed? Give reasons. (20 Marks)

(b) The trial Court after closing the evidence fixes the matter for argument, but the defendant did not appear and accordingly the trial Court passed an order in accordance with provisions of Order XVII Rule 2 Code of Civil Procedure and proceeded ex-parte against the defendant and fixed a date for hearing of the matter ex-parte. Thereafter, the trial Court heard the matter and decreed the suit. The defendant filed an application under Order IX Rule 13 CPC which was rejected by the trial Court on the ground that it was not maintainable. The revision under Section 115 CPC was also dismissed. What remedy is available to the defendant? (10 Marks)

(c) What do you mean by a foreign judgment? When is a foreign judgment not conclusive?Refer to case law. (10 Marks)

3. (a) Whether objections against the report of the Local Commissioner, appointed by the Court during the course of trial, are maintainable and what are the options available to discredit such report. (10 Marks)

(b) In execution of a decree for specific performance of the immovable property, B files objections on the ground that he has a prior agreement to sell in pursuance of which he is in possession. Whether such objections are maintainable? Discuss with provisions of law and the remedies available to the Objector against an order passed in such proceedings. (10 Marks)

(c) A money decree for the recovery of Rs.3.00 lacs (Rupees Three Lacs) is granted in favour of three plaintiffs A, B and C. C files execution for recovery of the entire amount. Whether such execution is maintainable? Discuss with provisions of law. (10 Marks)

(d) What is the distinction between Res-judicata, as defined under Section 11 CPC, Order 2 Rule 2 and Order 23 Rule 1 of the Code of Civil Procedure? (10 Marks)

4. (a) The principle of ejusdem-generis' is an important tool of interpretation, but it is one to be applied with care and caution and should not be pushed too far. Discuss and illustrate.

(20 Marks)

(b) In a case the question was how to construe the term 'Prize Competition' as defined in Section 2(d) of the Prize Competition Act, 1955, which defines it as "any competition in which prizes are offered for the solution of any puzzle based upon the building up arrangement, combination or permutation of letters, words or gigures." The question was whether in view of this definition, the Act applies to competitions which involve substantial 'skill' and are not in the nature of 'gambling'. Discuss the rule of construction to be applied to construe the term 'Prize Competition' and decide.

(20 Marks)

5. (a) With Kohler, Geny and Stammler the twentieth century saw the revival of natural law theories. Give reasons and point out how the modern theory of natural law treats law with variable context. (20 Marks)

(b) The Supreme Court of India in its Full Court Meeting held on May 7, 1997 unanimously adopted a Charter called the "Restatement of Values of Judicial Life" , generally known as Code of Conduct for Judges? Show your acquaintance with the Code. (10 Marks)

(c) The National Commission to review the working of the Constitution, 2002, recommended the establishment of National Judicial Commission in view of the need to preserve the independence of judiciary, Narrate in brief its salient features. (10 Marks)