Paper I

PUNJAB CIVIL SERVICES (SUPERIOR JUDICIAL)
EXAMINATION, 2008
PAPER 1 – 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. 1 (a)  Distinguish between:                         (5 Marks)
(i)  Admission and Confession.                      
(ii)  Fact in Issue and relevant fact.                 (5 Marks)
1    (b)  A deed of gift by D in favour of his daughter M for life provided that the property should go to her male issue, and in default, to D's sons.  One of D's two sons induce a purchaser to buy his sister's property and the same deed was attested by the other son.  M dies without leaving any male issue and D's son filed a suit to recover the property from the purchaser.  State giving reasons, whether the plea of estoppels would be available to the defendant against the plaintiff?                             ( 10 Marks)
1    (c)  "Men may lie but documents will not".  Critically examine this statement in the light of the rule excluding oral evidence by documentary evidence under the Indian Evidence Act.    
(10 Marks)

Q.  II  (a)  Elucidate the principles which govern the gratnting of perpetual injunction by the Court.
(10 Marks)
II  (b)  What are the defences open to a defendant in his suit for specific performance of a contract?
(10 Marks)
II  (c)  (i)  What is the rationale behind possessory remedies under the Specific Relief Act, 1963?
(5 Marks)
(ii)  State the enforceability of the contract wherein A contracts to write a book for B.  He writes the book but refuses to assign the copyright and handover the manuscript to B, who then sues A to specific performance.                             (5 Marks)

Q.  III  (a)  Elucidate the principles of 'lis pendens' as incorporated in section 52 of the Transfer of Property Act, 1882.  Does it apply to involuntary sales like Court auction? (10 Marks)
III  (b)  'A' files a suit for specific performance of a contract against 'B' in respect of a house owned by 'B'.  The Trial Court and the First Appellate Court dismiss the suit.  Before a second appeal before the High Court is filed and stay granted.  'B' sells the house to 'C'.  Would the principle of 'lis pendens' apply?
(10 Marks)
III  (c)  A made a gift of a house to B with whom he had past illicit cohabitation.  Is it valid?  Will it make any difference if A's connection with B is adulterous?             (10 Marks)

Q.  IV  (a)  Discuss the limitations of the exercise of the right of private defence.
(10 Marks)
IV  (b)  Distinguish between:                          
(i)    Cheating and Forgery.                     (5 Marks)
(ii)    Kidnapping and abduction.                 (5 Marks)
IV(c)(i)  A let loose the complainant's cattle at night from a cattle pen and draw them to the pound with the object of sharing with the pound keeper the fee to be paid by the complainant for release of cattle.  What offence, if any, has been committed by A?             (5 Marks)
(ii)   A and B were not on good terms with C.  On the suggestion of B, A caused grievous hurt to C, as a consequence of which he died.  What are the liabilities, if any, of A and B?
(5 Marks)

Q.V  (a)  Distinguish between:
(i)  Review and Revision under C.P.C.                 (5 Marks)
(ii)  1st Appeal and 2nd Appeal under C.P.C.             (5 Marks)
V (b)(ii)  Nine Akali Sikhs sue for removal of the Mahant of a religious institution.  The suit is dismissed on the ground that the Institution is a Hindu Dera and not a Sikh Gurudwara.  Subsequently and after the passing of the Sikh Gurudwara Act, 1925, 64 Sikhs sue for declaration that the Institution is a Sikh Gurdwara.  Is the suit barred by resjudicata?  Discuss.             (5 Marks)
V  (c)  (i)  Distinguish between the rule of res-judicata and estoppels.
(5 Marks)
(ii)  A court allows the plaintiff to withdraw the suit filed by him with the liberty to bring a fresh suit on the same cause of action.  The defendant challenges the validity of the order in the fresh suit so instituted.  Decide.                             (5 Marks)

Q.  VI  (a)  What are the broader principles regarding grant of bail in criminal cases.  Can bail be demanded as a matter of right?                         (10 Marks)
VI  (b)  (i)  Madan lodges a complaint that his wife Ganga had been defamed by the imputation of unchastity to her.  Can Ganga lawfully compound the offence without consent of Madan?  Give Reasons.
(5 Marks) 
(ii) More than two years ago, A was sentenced to death but the sentence has not been executed so far.  A moves the court that his death sentence be commuted to imprisonment for life as there was undue delay in the execution of death sentence.  Decide.             (5 Marks)
VI  (c)  Distinguish between:  -
(i)    Acquittal and Discharge.                 (5 Marks)
(ii)    Enquiry and Investigation.                 (5 Marks)

Q. VII  (a)  Distinguish between:
(i)  Void and Voidable marriages.                 (5 Marks)
(ii)  Divorce and Judicial Separation.                 (5 Marks)
VII  (b)  (i)  C married S in March, 1969.  Three children were born to them from this wedlock.  C underwent Vasectomy operation on January 8, 1976.  Thereafter, C and S lived together as wife and husband.  On August 30, 1978,  S gave birth to another child.  C seeks divorce from S on the ground of adultery. Decide.                             (5 Marks)
VII  (b)  (ii)  A, resident of Patiala, marries a girl in services at Ludhiana.  After seven years of marriage A asks his wife to leave the job and join him at Patiala.  On refusal by the wife, he files a suit for restitution of conjugal rights.  the defence set-up is that the respondent has never denied the right to the husband and she is still prepared to honour her obligations as his wife but the husband has no right in law to force her to give up the job and join him at Patiala.  Decide giving reason (5 Marks)
VII  (c)  (i)  Explain the concept of "Desertion" as a ground of matrimonial relief under the Hindu Marriage Act.                                 (5 Marks)
(ii)  P was the wife of X.  Two months after the death of X, she marries Y.  Five months after the marriage, a son Z is born to P.  Who is legally the father of Z?         (5 Marks)
Q.  VIII  (a)  Explain the concept of "Personal Necessity" under the East Punjab Urban Rent Restriction Act, 1949.                                 (10 Marks)
(b)  What is the relationship between the quantity of contraband involved and punishment under the Narcotic Drugs and Psychotropic Substances Act, 1985?             (10 Marks)
(c)  Discuss the factors to be considered in the assessment of market value of the land under the Land Acquisition Act, 1894.                             (10 Marks)
(d)  (i)  Elucidate the law relating to testimony of child witness.         (5 Marks)
(ii)  A, a client says to B, an Advocate, "I wish to obtain possession of property by use of a forged deed on which, I request you to sue."  Is this communication protected?         (5 Marks)