Haryana Mains 1999 Paper 1

Sample questions from Haryana Mains 1999 Paper 1

The first 10 questions of this Haryana Judiciary (HCS-JB) Mains paper.

1. Q1. (a) Discuss the statement that an executing court cannot go behind the decree. What are the questions that may be determined by the court executing the decree? (b) What do you understand by the pecuniary jurisdiction of a court? Will a court be competent to hear a suit exceeding its limits if the parties to the suit have given their consent? (c) Discuss the powers of the court to grant temporary injunction.

2. Q1. किसी एक विषय पर तीन सौ शब्दों में निबन्ध लिखिए:- (25 अंक) (क) भारत की स्वतन्त्रता के 50 वर्ष : उपलब्धियाँ और असफलताएँ। (ख) पर्यावरण प्रदूषण : समस्या और समाधान। (ग) विश्व शान्ति और भारत। (घ) वर्तमान शिक्षा प्रणाली। (ङ) होनहार विरवान के होत चीकने पात। (च) राष्ट्रभाषा हिन्दी। (छ) भ्रष्टाचार: समस्याएँ और समाधान।

3. Q1. (a) Discuss the concept, meaning and scope of ‘Partition’ under Mitakshara and Dayabhaga Schools. Further examine the rights of a minor coparcener to claim Partition. Decide with reference to case law on the subject: (b) A Hindu male died in 1987, leaving behind the following sets of heirs. Divide his property:— (i) Son (S), Daughter (DD), Father (F), Grand-Son's Widow (SSW). (ii) Daughter (D), Mother (M), Widow (W), Son's Widow (SW), and Father (F). (iii) Brother (B), Son's Daughter's Son (SDS) and Daughter's Son's Son (DSS).

4. Q1. (a) Explain ‘Common intention’ as used in section 34 of the Indian Penal Code. Refer some leading cases. (b) Four accused A, B, C and D tried to forcibly stack their bundles of grains in front of R's enclosure. R objected because the land belonged to him. A and B assaulted him with kicks and fists. C and D who were armed with lathis gave lathi blows on the head of R. R died as a result of injuries caused by lathis. A, B, C and D are tried under section 302 read with section 34 I.P.C. Decide the case. Give reasons for your answer.

5. Q1. अनुराग 2. प्रत्यक्ष 3. विशाल 4. चेतन 5. पराधीन 6. विधि 7. प्रवृति 8. यश

6. Q2. (a) Explain constructive res judicata. (b) Who is an indigent person? What is the mode of instituting suits by such person? (c) Can revision be filed against an order of a court disallowing an important question put to a witness? (d) A files a suit against B for possession of House-X on the ground that the house belonged to deceased C, who made a will of the house in his favour. A fails to prove the will. Hence, his suit is dismissed. Now, A files a fresh suit for getting the house against B on the new ground, not taken in the previous suit, that he being the nearest heir of C is entitled to get the house. Is this suit maintainable?

7. Q2. किन्हीं पाँच शब्दों के विपरीतार्थक शब्द लिखिए:- (5 अंक)

8. Q2. The real brothers Hukam Singh and Sukh Ram and Sukhram's Son Chhidda constituted a Joint Hindu Family governed by the Beneras School of Mitakshara law under which a Coparcener without obtaining the consent of the other Coparcener was not competent to sell his undivided share for his own benefit. Hukum Singh died in the year 1952 and his widow Krishna Devi on 15.11.1956 sold 1/2 share in the family house and shop to Gauri Shanker. Sukhram and Chhidda filed a suit which was contested upto the Supreme Court of India. Discuss the following and refer recent case law. (i) Whether the sale deed is liable to be cancelled. (ii) Whether the Hindu Widow's right in the property of the Joint Hindu Family became larger than her deceased husband's. (iii) Whether the Hindu Widow Krishana Devi continued to have only a limited interest. (iv) Whether the Hindu Widow Krishana Devi had already become absolute owner.

9. Q2. (a) Distinguish between the offences of abetment of an offence and criminal conspiracy. (b) What offence has been committed in the following cases: (i) A instigates a child B to poison C and provides poison for the purpose. B by mistake, puts the poison on D's plate, which happened to be on the side of C's plate. D takes the food and dies. (ii) A instigates B to shoot C. B goes to C's house with a gun but finding C's car standing unattended, steals the car instead of shooting him.

10. Q3. (a) 'Unless a right of appeal is clearly given, by statute, it does not exist', Comment. Can an appellate court reverse a decree on the ground of misjoinder of parties? (b) Does the Code of Civil Procedure make any provision for preventing courts of concurrent jurisdiction from trying at the same time two parallel suits in respect of the same matter in issue? If so, what? Discuss. (c) A transport company has its head office at Chandigarh and branch offices at Chennai, Jaipur and Mumbai. A dispute cropped up between Sam and the company in respect of a transaction made through Chennai office. Sam files a suit in respect of this dispute against the company in a court at Jaipur. How will the court decide?

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