Haryana Mains 2013 Paper 1

Sample questions from Haryana Mains 2013 Paper 1

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

1. Q1. . (a) The utility of a retracted confession hinges primarily on the judiciousness of the court. Respond with reasons to the statement by referring to the judicial approach towards retracted confessions. (15) (b) The judicial policy in relation to appreciating circumstantial evidence is but an exercise in logical precautions. Respond to the statement. (15) (c) Sarita works in a call centre where she has to work in odd hours. She reaches the office around 10.00 p.m. every night and gets back home around 6.00 a.m. in the morning. Her office has arranged for transport service so that she and other colleagues like her can be safely picked up and dropped back. On 01.03.2012, she received a call at around 3.30 a.m. from her home that her mother is seriously ill. Though the transport service would have taken her back around 5.30 a.m., Sarita decided to leave at once and borrowed a two wheeler from a friend for the same purpose. On her way back home from office, she was confronted by a gang of drunk hooligans who were mostly lonely, she was severely beaten up and ravished by them in their car and then threw her off on the road. Her colleagues spotted her when they were getting back from office around 5.50 a.m. They were horrified at the scene of a bleeding Sarita lying helplessly on the road. They picked her up and took her to the hospital. Some of her colleagues suggested that Sarita must first go to the police but Sarita did not want to register a complaint fearing a protracted legal proceedings which would put her to public humiliation. She mentioned the identity of one of the perpetrators as Rajesh who works in the office opposite to the call centre. In the hospital, Sarita breathed her last around 6.00 p.m. the same evening. Enraged at the whole event, couple of her friends informed the police of the incident pursuant to which Rajesh was apprehended and sent for trial. (i) Under which provisions of the Indian Evidence Act, the statements made by Sarita to her colleagues in the car may be relevant? (ii) Under which provision of the Indian Evidence Act, the statements made by Sarita to her colleagues in the car will not be relevant? (20)

2. Q1. . (a) The decisions of the foreign courts in the scheme of CPC are treated with respect but not as sacrosanct. Elaborate on the statement, supporting it with case law. (15) (b) The constitutional spirit of Public Interest Litigation is also present in the scheme of CPC, though in a restricted sense. Respond to the statement by referring to the relevant provisions and case law. (15) (c) 'A' files a suit against 'B' for breach of contract by 'B'. The suit is dismissed for default of appearance. Decide if the decision of the court dismissing the suit qualifies as a Decree. Give reasons for your answer. (10)

3. Q1. निम्नलिखित गद्यांश का हिंदी में अनुवाद कीजिए: The voice had to be listened to, not only on account of its form but for the matter which it delivered. It gave a message to the country that it needed greatly. It brought to the realization of the common people a message about the realization of their politics with their duty to concern themselves with their affairs. The common people were made to take an interest in the manner in which they were governed, in the taxes they paid, in the return they got from those taxes. This interest in public affairs—politics as you may call it, was to be the concern no longer of the highly educated but of the many poor, the propertyless, the workingman in town and country. Politics was not to be the concern of a small aristocracy of intellect or property of the masses. And with the change in the subjects of politics that voice brought about also a change in the objects of politics. Till then politics had busied itself mainly with the machinery of government towards making its personnel more and more native, with proposals for a better distribution of political power, with protests against the sins of omission and of commission of the administration. (20)

4. Q1. . (a) Respond to the following fact-situations by applying relevant Statutes of Hindu law and citing case-law wherever required: (i) Kanika married Sanjeet in 2001 and they were living with the latter’s parents. In 2004, Sanjeet died in a car accident. After his death, Kanika was denied financial support and share in the ancestral property by her in-laws. Since Kanika’s parents were not economically well off and had to support their son’s education as well, Kanika did not want to burden them with her problems. What are the rights available to Kanika in Hindu law for her maintenance? (10) (ii) Aanchal and Basant, both Hindus, got married to each other in 2001. In 2005, Basant converted to Islam and married a Christian lady named Veronica without dissolving his first marriage. Draw up a line of argument for Aanchal if she wishes to sue Basant. (10) (b) Respond to the following fact-situations by applying relevant provisions of the Hindu Marriage Act, 1955 and citing case-law wherever required:— (i) Prakhar and Aaradhya have been living together at Gurgaon for 6 years now. In January this year, they had a violent fight. Aaradhya was hit hard by Prakhar as a result of which, she sustained injuries. After they broke up, Aaradhya sued Prakhar for maintenance, among other things. Discuss the parameters that need to be satisfied for claiming maintenance in this regard and decide whether Aaradhya is entitled to maintenance in the light of latest judicial pronouncements in this domain. (10) (ii) Krishna and Kajal married each other in 2010. Kajal was 16 years old when she got married and Krishna was 25. Despite repeated attempts by Krishna to consummate the marriage with his wife, the couple failed to do so because of Kajal’s strong resistance and unwillingness. After three years of marriage, Krishna sought termination of the marriage. Medical records revealed that Kajal was a perfectly normal woman biologically and that her resistance to intercourse is only psychological. What are the remedies available under the Hindu Marriage Act, 1955 if Krishna wants to terminate his marriage with Kajal? (10) (iii) Sujoy Chatterjee and Momita Banerjee got married in 2000. At the time of marriage, Momita was not aware of the fact that Sujoy was suffering from Schizophrenia and that his illness was acute. When she got to know of it within two months of her marriage, she was disappointed. She decided to continue with the marriage hoping for things to get better in future. Five years later, she approached the court claiming divorce on the ground of Fraud. Against this background, discuss the concept of Fraud and decide whether Momita is entitled to a relief on this ground. (15) What other options are available to Momita under the Hindu Marriage Act, 1955 if she wishes to terminate her marriage with Sujoy. (10)

5. Q1. Write an essay on any one of the following topics in 1000–1100 words. (i) In this fast moving world, why some people still prefer a bicycle. (ii) An indeterminate sentence is worse than death. (iii) Dangerous love of credit cards. (iv) Old order changeth yielding place to the new. (v) O! Lord don’t put me to examination. (vi) Judicial Activism: Bane or Boon? (100)

6. Q2. . (a) 'A' files a suit against 'B' for evicting 'B' from a piece of land. 'B' puts up the contention that no notice was given to 'B' for eviction and that the land being 'X' land, he cannot be evicted. The court dismissed the suit on the basis of the fact that notice was not given to evict. The court also concludes that the subject land is not 'X' land. Subsequent to this, 'A' gives a notice to 'B' asking him to evict the land and, on the failure of 'B' to comply, institutes a suit against him. In the suit, 'B' seeks to contend that the land being 'X' land, he cannot be evicted. Decide if the second suit by 'A' is barred by Res Judicata, dealing therein the contentions to be raised by 'B' in this suit that it is so barred. (20) (b) The rules in relation to rejection of a plaint are based as much on substantive grounds as on procedural reasons. Elaborate. (10) (c) (i) What are the conditions necessary for granting a claim of set-off? (5) (ii) What is the difference between a necessary Party and a Proper Party? (5)

7. Q2. . (a) ‘Regulating the nature of interaction between the accused and the police authorities is at the crux of a developed criminal justice system.’ Elaborate on the statement by referring to the guidelines laid down in the case of Joginder Kumar v. State of U.P., AIR 1994 SC 1349. (15) (b) “The area covered by Article 20(3) of the constitution and Section 161(2) of the Criminal Procedure Code is substantially the same. So much so, parliamentary expansion apart, Section 161(2) is a terminological gloss on the constitutional clause.” Respond to the statement made by the Supreme Court of India in Nandini Satpathy v. Dani (P.L.) and Another, AIR 1978 SC 1025 and comment on the limits on the power of the police to interrogate and on the meaning of the term ‘accused’. (20) (c) Unlike the scheme in Plea Bargaining, the procedure for withdrawal from prosecution does not afford the ‘victim’ a participatory position. Critically analyse the statement. (15)

8. Q2. Make sentences using the following words:— (i) Oblivious (ii) Inexplicable (iii) Despise (iv) Celibacy (v) Avaricious (vi) Impregnable (vii) Regicide (viii) Circumnavigate (ix) Ingenious (x) Alacrity (20)

9. Q2. (अ) निम्नलिखित पद्यांशों की व्याख्या कीजिए: (क) ऊभी मन न भए दस बीसा। इंद्री सिथिल भई केसव संग, गदरपो कालरधे ईसा। आसा लोभ रहति तन खासा, जावाबी कोटि बरोसा। तुम तो सखा सुंदर के, सकल जोग के ईसा। सूर स्याम सखा को नंद-नंदन बिनु और नहीं जाय सिना। (ख) श्रीवामा मुरि अंग बचायो, गदरपो कालरधे ईसा। धाई मही तब फेंट स्याम की, देह न मेरी गंद मांगाई। और सखा जनि मोंकी जानो, मोसो दीने बने हरि गंवाई। जानि-बूझी तुम सब हंसत परस्पर, अब सखा बनी भली करी गंवाई। सूर सखा सब हंसत परस्पर, भली करी गंवाई। [Scan unclear — verify against source: this poetry passage (Q.2अ, a Surdas pada) is reconstructed from a heavily degraded scan — please verify the exact Hindi wording against the original before publishing]

10. Q2. . (a) Trace the history from the Shah Bano judgment which led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Discuss the issues in relation to the constitutionality of this Act as raised before the Supreme Court in Danial Latifi and Another v. Union of India, AIR 2001 SC 3958. (15) (b) In Abdul Kadir v. Salima (1886) 8 All 149, Justice Mahmood stated, “Marriage among Muslims is not a sacrament but purely a civil contract.” On the other hand, another noted scholar of Muslim Law, Abdul Rahim, states that marriage among Muslims is both an Ibadat (devotional act) as well as muamlat (dealings among men). In the light of these statements, discuss the exact nature of Nikah, pointing out its essential features and referring to case-law wherever required. (15) (c) Analyse the concept of Will in Islam and explain the means by which a valid Wasiyat can be revoked. Highlight the requirements and the extent to which testamentary disposition of property among Muslims can be exercised. Also reveal the difference between the Shias and Sunnis with respect to the Law of Wills. (15)

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