Paper I

PUNJAB & HARYANA HIGH COURT AT CHANDIGARH
Recruitment/ Promotion of Additional District Judges in Punjab
(Examination – 2010)
PAPER-I LAW (CORE SUBJECTS)
Time:  Three Hours                                                                                                                                                                                                                                              Maximum Marks: 250

NOTE:
1.    Attempt all questions (along with parts and sub-parts) in the same order in which they are given in this question paper.
2.    Marks are indicated against each question.
3.    Answers should be precise and to the point.
4.    No extra answer sheet shall be provided.
5.    Refer to the relevant case law wherever required.

QUESTIONS
1.    (a)  Elucidate the principles relating to the validity of 'dying declaration'.  Can such a declaration form sole basis of conviction?  (S. 32)                     (Marks: 10)
1.     (b) How much of information received from an accused in the custody of a police officer may be proved. (S. 27)                                 (Marks: 10)
1.    (c)  Discuss the rule relating to exclusion of oral evidence by documentary evidence as contained in Section 91 of the Evidence Act.                     (Marks: 10)
2.    (a)  'A' is in possession of a house but he is forcibly dispossessed by 'B', the owner of the house.  'A' files a suit under Section 6 and recovers the possession of the house.  Thereafter 'B' files a suit under Section 5 for the recovery of possession on the ground-that he is the owner of the property.  Will he succeed?  Discuss.                     (Marks: 10)
3.    (b)  Enumerate and explain the types of contracts which can be specifically enforced?
(Marks: 10) 
2.      (c)  'S' a classical singer contracts to sing for one year at Tagore Theater and not to sing anywhere else in Chandigarh.  Can the management to Tagore Theater seek injunction against 'S' restraining him from singing anywhere in Chandigarh?             (Marks: 10)
3.      (a)  Discuss the doctrine of res judicata.  Whether an erroneous decision on a question of law operates as res judicata between the parties?                 (Marks: 10)
3.      (b)  Can a new substantive question of law be raised in Regular Second Appeal under Section 100 of the code of Civil Procedure, 1908?  Elucidate your answer with the help of case law.
(Marks: 10)
3.     (c)  One 'D' after the death of his brother 'C', fraudulently secures thumb impression of the appellant (C's issueless widow) on a family partition by deceiving her.  'D' while effecting the alleged partition fraudulently convinced the appellant that she was putting her thumb impression for mutating the properties of her husband in her name.  Judgment and consent decree was made on the same day when plaint was filed, summons issued, written statement filed and evidence of both parties recorded.  The first Appellate Court dismissed the appeal against the judgment and consent decree.  The appellant wants to file a second appeal.  Advise her.                                     (Marks: 10)
4.      (a)  A Sikh family migrated from India and is settled in Canada.  They have also acquired the permanent Canadian citizenship.  While they were on their visit to India, selected a bride (Simran) for their son (Gurminder) who is also having Canadian citizenship.  Both of them got married in Punjab according to the Sikh Rites.  After marriage both of them applied for the registration of their marriage in Punjab itself under the Hindu Marriage Act, 1955.  The Registrar of Marriages raised the objection to the registration of marriage opining that the bridegroom (Gurminder) was a Canadian citizen.  Advise the Registrar on the applicability of the Hindu Marriage Act, 1955 in the instant case.                     (Marks: 10)
4.     (b)  'A', a Hindu boy marries 'B' who is the daughter of his mother's brother.  Is the marriage within spinda relationship or within the degree of prohibited relationship?  What is its effect on the validity of the marriage?                     (Marks: 10)
4.     (c)  'B', a boy of 30 years and 'G' a girl of 25 years declared in presence of villagers that they have accepted each other as husband and wife; and in future they shall be living as husband and wife.  The villagers including their family members accepted the relationship.  Subsequently all of them enjoyed the party.  They applied for the registration of their marriage to the village Gram Panchayat, which was registered.  After one year of marriage, 'B' started treating 'G' with cruelty and she approached the Court of law.  In written statement 'B' submitted that he never married 'G'.  Decide the effect of registration in the light of Section 8 of the Hindu Marriage Act, 1955.                         (Marks: 10)
5.     (a)  What is the procedure for acquisition of land in case of urgency?  In what circumstances enquiry under Section 5-A of the Land Acquisition Act, 1894, can be dispensed with and how Section 6 of the Act is made applicable thereafter.                 (Marks: 10)
5.     (b)  A notification under Section 4 of the Land Acquisition Act, 1894, is issued, objections under Section 5-A have been decided and declaration under Section 6 has also been published.  To develop the land for residential and commercial purposes, Delux Estate Private Limited enters into an agreement with the land owners and files an application for grant of licence in respect of the land for developing it as a residential colony and also to grant permission for change of land use.  Examine the validity of order releasing land from acquisition on the basis of collaboration agreement and support your answer with case law.                             (Marks: 10)
6.     (a)  Discuss the revisional jurisdiction of the High Court under the East Punjab Rent Restriction Act, 1949.                                 (Marks: 10)
6.     (b)  Explain nuisance as a ground for the eviction of the tenant under the East Punjab Rent Restriction Act, 1949.                             (Marks: 10)
6.      (c)  Who is a specified landlord?  Explain the summary procedure to be followed for deciding the eviction petition of the specified landlord.                 (Marks: 10)
7.     (a)  Discuss the doctrine of part-performance postulated by Section 53-A of the Transfer of Property Act, 1882.  Explain the reason why Section 53A is confined to protect the possession of the defendant even where his remedy to secure specific performance of the agreement has been barred by limitation.                                     (Marks: 10)
7.     (b)  'A' transfers his house to 'B' for life and after his death to the son of 'B'.  'B' has no son on the date of transfer.  Decide the validity of this transfer.             (Marks: 10)
8.     (a)  What are the various relevant considerations on the basis of which the Court makes a distinction between 'culpable homicide' and 'murder' under Section 299 and 300 IPC?  Discuss
(Marks: 10) 
8.     (b)  A's wife becomes a patient of depression because her husband has developed illicit physical relationship with another woman.  Is 'A' guilty of an offence under IPC?     (Marks: 10 )    
8.     (c)  A, through his mobile set, sends a vulgar message to his fellow girl student.  What offence 'a' has commotted?                             (Marks: 10)
8.     (d)  Explain "illicit traffic" in relation to Narcotic Drugs and Psychotropic Substances Act, 1985.                                         (Marks: 10)
9.     (a)  Explain the circumstances where a police officer may arrest a person without warrant.  Also discuss the rights of an arrested person in the light of Supreme Court judgment rendered in the case of D.K. basu v. State of West Bengal, AIR 1997 SC 610.         (Marks: 10)
9.     (b)  Examine the nature and scope of judicial discretion in granting bail.  How far do you agree that this discretion is unlimited?                         (Marks: 10)