Haryana Mains 2011

Sample questions from Haryana Mains 2011

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

1. Q1. . (a) What is the difference between res sub judice in Section 10 and res judicata in Section 11 of the Code of Civil Procedure, 1908? (10) (b) What causes of action can be joined without the leave of the court, to a suit for recovery of immovable property? (10) (c) 'A' agrees to sell and deliver to 'B' 500 Kgs. of sugar at the rate of Rs. 50 per kg. on date 'X'. On the same day he agrees to sell and deliver to 'C' a like quantity of sugar at the same rate on the same date. Can 'B' & 'C' join together as plaintiffs in one suit against 'A' and if not, then why not? (10) (d) What are the powers given by Section 94 to a civil court for preventing the ends of justice from being defeated? (10)

2. Q1. They still think that women are inferior ___ men. (a) To (b) Than (c) From (d) With

3. Q1. . (a) Two Hindus got married in a temple. Several years and after the birth of three children, they got the marriage registered under the Special Marriage Act. A year later, the husband claims that certain ceremonies were not performed and hence the marriage was void. Decide, after giving arguments for both the sides. (10) (b) What are the de-merits of testamentary disposition of property? While answering, keep in mind particularly the rights of vulnerable persons in the family. (10) (c) A wife becomes pregnant through artificial insemination using the husband’s sperm without his permission. Husband and wife have severe disabilities. The child is not met in two years. The child is born with severe disabilities. Husband denies the child to be his. Decide. (10) [Scan unclear — verify against source: this scenario (Q.1(c)) has some overlapping/duplicated phrasing in the scan — please verify the exact wording against the original]

4. Q1. . (a) Mohan was an Engineer by profession. He was a bachelor and had lost his parents in an accident when he was a small child. In 1995, Mohan met with a terrible accident, a car crash, in which his legs were stuck in the debris. He had lost consciousness also. After a great deal of effort, doctors managed to extricate him from the debris, but he remained in a coma. There was no improvement in his condition till March 2005. The doctors treating him were in a fix as to whether they should turn off his life support system. On April 10, 2005, a young girl was admitted to the hospital in which Mohan was being treated. She had multiple organ failure and required an urgent kidney and liver transplant. Mohan was known to be an activist who, before his accident, fought for the cause of organ transplantation. He had even received awards for his work in encouraging people to donate their kidneys and eyes. The doctors (a team of eight) took a decision to remove one of Mohan’s kidneys and a part of his liver and transplant it into the young girl. After the surgery was completed, Mohan miraculously regained consciousness. He sought to prosecute the doctors who operated on him and contended that the doctors were, inter alia, guilty of various offences under the Indian Penal Code. Address the following issues: (i) Mohan seeks to prosecute the doctors under Section 379 of IPC. He also seeks to prosecute them under Sections 392 and 395 of IPC. Will he succeed? Give reasons. (10) (ii) Can the doctors take up necessity as a defence? Give cogent reasons. (10) (b) Samaresh was a student of the National Institute of Epidemiology. One day, after completing his term examination, he decided to go to a local pub and have a drink. By the time he returned from the pub, he was highly intoxicated, and in that state of intoxication, he entered the room of his neighbour in the hostel and set his mattress on fire. He was later tried and convicted for offences under Sections 436 and 447 of the Indian Penal Code. He wants to plead intoxication as a defence. Advise him on the present law along with contemporary judicial reasoning. (10) (c) Explain the offence of criminal conspiracy. How is it punishable? Distinguish between abetment and conspiracy. (10)

5. Q1. Write an essay on any one of the following topics in 1000–1100 words. (i) Multi-National Companies (MNCs): Saviours or Saboteurs (ii) Nuclear Winter and its Repercussions (iii) Right to Information — Boon or Bane (iv) Misinterpretation and Misuse of Freedom in India (v) When Money Speaks, Truth is Silent? (100)

6. Q1. Does the passage consider the Japanese sword as merely a weapon?

7. Q1. निम्नलिखित गद्यांश का हिंदी में अनुवाद कीजिए: There are two basic lessons of Indian history. First, our people have always taken their moral standards from their rulers: the people have arisen to great heights when they have basked in the glow of noble kings or leaders. Corruption destroyed not by abasement, poverty poses a far smaller threat. So far from giving the moral leadership which the people are yearning and waiting for, our politicians are only occupied in maintaining a system which is poisoned by collective bad faith and polluted by individual avarice. They are served by deception and craftiness, instead of vision and imagination. The caption of a famous cartoon, “The world is neither flat nor round — it is crooked”, aptly sums up the world of Indian politics. In modern India, Machiavelli would have remained unemployed on account of his naïvete. Our ministers look with austere disfavour upon any attempt to depict the reality. They find something indecent in the naked truth. They wax eloquent on the Bihar Press Bill. They represent the blessings of the government they represent. It is interesting to recall that eloquence flourished most in Rome when public affairs were in the worst condition.

8. Q2. (अ) निम्नलिखित गद्यांश की सरल हिंदी भाषा में व्याख्या कीजिए: समाज शास्त्र में सभ्यता और संस्कृति के विषय में अनेक विद्वानों की भिन्न-भिन्न परिभाषाएं दी गई हैं। कुछ विद्वानों का मत है कि सभ्यता और संस्कृति एक ही वस्तु के दो पहलू हैं, जबकि कुछ विद्वान इन्हें भिन्न मानते हैं। संस्कृति स्थिर एवं स्थायी तत्व है जबकि सभ्यता निरंतर परिवर्तनशील है। मानवीय गुणों से ही किसी समाज को सुसंस्कृत कहा जाता है। [Scan unclear — verify against source: this vyakhya passage (Q.2अ) is genuinely difficult to read in the scan — the above is a reasonable reconstruction of the sense, but please verify the exact Hindi wording against the original before publishing] (ब) निम्नलिखित पद्यांशों की व्याख्या कीजिए: विपति में धीरज धरें, सुख में सब संग रहें। राग-रंग में भी न होवें पावें। खान-पान में सम रखें चित्त में थें। कह गिरधर कविराय, सो नर मरे न टारो। विपति, विफलता में दु:ख न टारो। घटे न मेल कभी, भिन्नता रखें। [Scan unclear — verify against source: this poetry passage (Q.2ब, kundaliyan attributed to Giridhar) is reconstructed from a partly legible scan — please verify against the original before publishing]

9. Q2. . (a) Calculate the shares of X’s heirs, assuming he had only HUF property, when he died on 1.1.2000 leaving a widow, a mother, a step mother, two sons, two married daughters, ten grandchildren of a predeceased son and the other predeceased daughter, and the children of a predeceased son and a predeceased daughter married in 1990 (each having a son and a daughter). Give reasons for inclusions, exclusions and quantum of shares. What is the nature of the property in the hands of each heir? X has left behind considerable debts also. Who should pay these debts? These are his debts:— To workers — Rs. 30,000/- To temple priests for ceremonies — Rs. 10,000/- To local shopkeeper for groceries — Rs. 3,000/- To local liquor shop — Rs. 5,000/- In the light of this, how far does Mitakshara law play a role in Hindu Law? (20) (b) What is the status of Rita in the following cases: (i) Nita and Rita are twins. Rita was born 15 minutes later than Nita. They were both adopted by a childless Hindu couple through an adoption agency. Forty years later Nita asserts that Rita had no claims to their parents’ property. (10) (ii) Rita was adopted by a childless Hindu woman. After the death of her parents, the woman converted to Christianity. (10) (c) Two Hindus marry and have a son. The husband converts to Islam and marries a Muslim girl. They have a daughter. In 2001 the husband dies. The son denies the claims of the daughter and her mother. Is the child legitimate? (10)

10. Q2. Make sentences using the following words: (i) Reticent (ii) Desolate (iii) Circumspect (iv) Volition (v) Gratuitous (vi) Exodus (vii) Investiture (viii) Inculcate (ix) Omnibus (x) Maverick (25)

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