Delhi Judicial Services 2017: Delhi Judicial Service Main Examination (Written), all papers
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DELHI JUDICIAL SERVICE MAIN EXAMINATION
(WRITTEN) - 2018
GENERAL KNOWLEDGE AND LANGUAGE
Time Allowed: 3 Hours Max Marks: 250
Inst ructions:
1. Pl ease read the questions carefull y and answer them as directed.
2. All questions are com pulsory, unl ess speci fi ed.
3. You are all owed 15 min utes time befo re the examinat ion begi ns, during
which you should read the question paper and, if you wish, highli ght and/or
make notes on the question paper. However, you are not allowed, under any
ci rcumstances, to open the answer sheet and start writing during this time.
4. Criteria for evaluation will inc lude but w ill not be li mi ted to th e range of
voca bulary, the employme nt of vocabulary for precise ex pression, cohesive
presentatio n of ideas and concise articul ation of views.
PART A - GENERAL KNOWLEDGE
1. Wri te in about 200 words on any six of the fo llowing:
I. Pri vati zat ion of higher educat ion in India
II. The Rohi ngya Crisis
III. The effe cts of protecti onism on globa l economy
I V. China's Belt and Road Ini ti ative - deve lopment or debt trap?
v. Discuss the impact of Brex it on the iss ue of immi gration.
VI. Discuss the relationshi p between social security and State surveillance.
VI I. Discuss the relevance of j ustice in th e age of post truth poli tics.
VIII. Is the pol iticization of religion correct?
IX . Is histo ri cal rev isionism an ideological apparatus in the hand s of the
State?
x. Social media an d democracy
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XI. The moral crisis of the modem economy
X II . Celebrity Culture
(10 marks x 6 = 60 marks)
2. Answer the follow ing in a sentence:
I. What is a GI tag?
11. Who is Kyllian Mbappe?
11 1. What is aurora borealis?
IV. What is Je suis Charlie?
V. What is # me too moveme nt?
VI. Who won the Women's US Open Tennis Champ ionship 2018?
VI I. What is Hammurabi' s Code?
VII I. In which city Karnakhya temple is located?
IX. Whi ch singer was awarded the Nobel Prize for literature in 20 16?
x. Name the pe rson who is currently walking the migration route of
huma ns out of Africa.
XI. In which city is the "Wailing Wall" located?
XLI. Why is the film " Village Rockstars U in news?
X\1 1. Whi ch region of Ukraine has been occupied by Ru ssia si nce 2014?
XIV. \Vhat is Point Nemo?
XV. Who was Iqbal Bano?
XVI. Who wrote the book Thinking, Fasl and Slow?
XVI I. Who composed the famous musical composition "Moonlight
Sonata"?
XVII I. Which dance form is Pandit Birju Maharaj associated with?
XIX. Whi ch Indian athlete won a gold medal in a track event at the IAAF
World U 20 Championship 20 18?
XX. Whose novel is the fi lm " Parmeeta" based on?
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XXI. Name the mathematica l sequence in which every number after the
first two is the Slim ofthe two preceding ones.
XXII. What does carle blanche mean?
XX11I. Which author wrote these famou s lines: "We are such stuff as
dreams are made on, and our little life is rounded with a sleep."
XXIV. Who was Captain Lakshmi Sehgal?
xxv. Who was the first woman j udge of the Supreme Court of India?
XXV I. Name the Indian musical instrument that consists of a set of watcr-
filled c ups that are struck with bamboo sti cks.
XXVII. Which famous lawyer ti tled his autobiography, uBefore Memory
Fades: An Autob iography"?
XXV III. Which phi losopher wrote, "Man is born free, and everywhe re he is
in chains".
XX IX. Who wrote th e story "Toba Tek Singh"?
xxx. Name the Russian double age nt who was poisoned by a mili tary
grade nerve agent in UK in March 2018?
XXXI. Who is the current prime minister of New Zealand?
XXXII. Name two persons appointed by the Government as the Comm ittee
of Management/Board of MIs. lnfrastructu re Leas ing & Financial
Services Ltd.
XXXll1. What is the name of fonne r Ch ief Justice of Bangladesh Supreme
Court who is li ving in Un ited States of America and is said to have
sought asylum?
XXXIV. Who is the Ch ief Minister of Kerala?
xxxv. Name the former Prime Mini ster of Ma laysia. who was arrested and
is out on bai l?
XXXVI. Name the Managing Director ofGitanja li Gems Ltd.
XXXVII . In wh ich city are the 2020 Olympics go ing to be held?
XXXV Ill. Who is the recipient of the UN Champions of the Earth Award, the
highest env ironmenta l honour of the UN?
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XX XI X. Who was the first Judge to have been appointed to the Supreme
Court of Ind ia directly fro m th e Bar?
xl. Why are 6'" and 9'" August, 1945, remembered?
( I mark x 40 = 40 marks)
PART B - Language
1. Read the fo llow ing passage about the contemporary issue relating to Aadhaar.
The passage refers to reasons refl ecting one point of view. Frame your counter
arguments (without being judgmental) in about 250 words:
"Aadhaar perpetuates double standards in the way, Aadhaar is imposed
o n the poor and the pri vileged. The mi ddle class is largely off the hook,
except for the compu lsory linkage wi th PAN cards. The poor, however,
arc left where they were - exposed to the ordea l of Aadhaar seeding and
authenticati on for every social benefit, however tiny.
The tall claims of what might be called the coalit ion of Aadhaar
champ ions (COACH) - - - - is largely an offshoot of the so ftware
industry, whi ch has considerable power in lndia. Its open ambition is to
usc Aadhaar as a 'platform ' to build wide-ranging applications. Most of
these applications have nothing to do with we lfare schemes. 0 doubt
some COAC H leaders beli eve in good faith that Aadhaar empowers the
poor, but ultimate ly, the profit moti ve looms large. In this and other
ways, the COACH is shot through with conflicts of interest. In fact, it is a
startli ng example of corporate in vasion of publi c policy, with business
consultants packing government committees, draft ing laws, harvesting
lucrative c-ontracts and orchestrating Aadhaar 's public relati ons.
Pred ictably, the COACH went into over-d ri ve after the Aadhaar
judgment, with instant ed itorials aimed at sett ing the f:ramework of public
debate. This propaganda technique has paid off, ever since Aadhaar was
so ld as a 'voluntary facility'. More recently, the COACH managed to
frame th e Aadhaar debate as a trade-off between welfare and privacy, and
then downpJayed the privacy concerns. This framework hides the fac t
that the welfare gains from Aadhaar are not clear in the first place."
(40 marks)
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2. Prepare a precis of the following passage in about 150 words:
" It may be asked why a specifica lly sociological perspective on law is
justifi ed and what such a perspective implies. In one sense law and
sociology as forms of professional practice are similar in scope yet wholly
opposed in method and aims. Law as a scholarly professional practice is
concerned with elaboration of the practical an of government through
rul es. Its concern is prescriptive and technical. Sociology is concerned
wi th the scienti fic study of soc ial phenomena. Its concern is ex planatory
and de scripti ve. The lawyer is essentially a person of affai rs entru sted
with part of the apparatus of regulation of social relations. The soc iologist
remains a relatively uncommitted observer.
Yet both law and sociology are concerned wi th the whole range of
significant fo rms o f social relationships. And in practice the criteri a
determining wh ich re lationships are significant are often simi lar, deri ving
from the same cu ltura l assumpti ons or conceptions of pol icy relevance.
Thus, law and sociology share a fundamentally similar subj ect matter.
Law is a practical craft of systemic control of social relations and
insti tutions. Sociology is the scientific enterprise that seeks systematic
knowledge of them. Sociology is concerned with values, in teraction
patterns, and ideologies that underlie the basic structural arrangements in
a society, many of which are embodied in law as substanti ve rules. Both
sociology and law are concern ed with norms, rules that prescribe the
appropriate behaviollf for people in a given situation. The study of
conflict and conflict resol ution arc central in both disc iplines. Both
sociology and law are concerned with the nature of legiti mate authority,
the mechanisms of social contro l, issues of civil rights. power
arrangements, and the relationships between public and private spheres."
(30 marks)
3. Tran slate th e given extract into Hindi:
"Rural li fe was portrayed in a vari ety of ways in the past. For example,
Bimal Roy ' s Do Bigha Zameen, a 1950s film , is a moving account of a
poor peasant strugg ling as a rickshaw~puller in the harsh environs of a
metropolis to enable his family in his village to survive. The film begi ns
with a song in praise of the rain gods, but when the monsoon fa ils, the
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protagonist of the film has no choice but to seek work in the city in order
to payoff his debt to the money lender. If films such as Mireh Masala
and Nishanl vividly portray exploitation in rural India, other films such as
Manoj Kumar's Upkaar glorify the vi llage, the agricu ltura lists, and the
rural way of life in general. In these visions of arcadia, the village is a
homogenous community with a thriving moral economy.
The city is where the undesirables li ve with their crass and immoral
ways; it is the home of the black marketer and the swindler. Villagers do
not drink , smoke or play the fool in nightclu bs as city people do. Khat/ey
Sikke and Ada/at are two other films that advanced a sim ilar message.
Lagoon, the mega hi t of 2002, also depicted the village as a community,
where everybody pulled as one against the extOitioni st demands of British
administrators in co lonial times. The departure from earlier 'rural' film s
was that it presented the upper crust with sympathy and did not criticize
urban life. A clear signal or changing tastes!"
(40 marks)
4. Translate the given extract into English :
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(40 marks)
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DELHI JUDICIAL SERVICE MAIN EXAMINATION
(WRITTEN) - 201 8
T ime Allowed : 3 Hours M ll X Mllrks : 200
Instru ctions:
I. Please read the questi ons carefully and answer them as directed.
2. All questi ons are compulsory, unless specified.
3. You are all owed 15 mi nutes tim e befo re th e exam ination begin s, during
whi ch you should read the questi on paper and, if you wish, highlight and/or
make notes on the quest ion paper. However, you are not allowed. under any
circumstances, to open the answer sheet and start wri ting during this time.
4. Support each of your answers with reasons, relevant legal provisions and
legal principles. Length of the answer wou ld not determine the marks.
C RI M INA L LAW
I. Answer any tcn questions:
iJ Relevance and evidenti ary va lue of extra judi c ial confession not made (Q a
Police Officer.
ii) Obj ect and evide ntiary value of inq uest report.
iii) Relevance and effect of abse nce of name of the accused In the First
Information Report.
iv) Im porta nce, re levance and evidentiary value of police diaries In criminal
trial.
v) Legal effect and evidentiary value of simultaneous or j oint disclosure
statement made by two or more acc used.
vi) Relevance and legal effect of fai lure/absence of motive in murder cases.
vi i) Relevance and legal e ffec t offa il ure to recove r dead body (corpus delicti) in
murder cases.
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vii i) Theory oflast seen in the company of the deceased.
IX) Re levance and evidentiary value of good and bad character evidence.
xl Discuss whether a criminal court can compel an accused to admi t and deny
documents even when the accused prefers to mai ntain silence and states that
he would neither ad mit no r deny the documents.
xi) Marking of a docum ent as Exh ibit, proof and evi dentiary val ue of a
document in a criminal trial.
xii) Whether pre-trial Test Identificati on Parade conducted befo re a Metropolitan
Magistrate is evidence and its relevance in a case triab le before th e Sessions
Court.
xii i) Whether court can discard and disbelieve post-mortem report and rely upon
ocular statement of eye-wi tnesses? If yes, when and in which
circumstan ces?
xiv ) Law of compensation to the victim who has suffered an injury at the hands
of the convicted accused.
( 10 marks x 10 = 100 marks)
2. tn Pu/ukuri KOllayya v. King Emperor AIR 1947 PC 67, it was observed as
under:
"S. 27, which is not artist ically worded, provides an exception
to the proh ibition imposed by the preceding sectio n and enables
certain statements made by a person in police custody to be
proved. The condition necessary to bring the section into
operation is th at the di scovery of a fact in consequence of
information received fro m a person accused of any offence in
the custody of a Police officer must be depo sed to, and
thereupo n so much of the information as relates distinctly to the
fact thereby discovered may be proved. The section seems to be
based on the view that if a fact is actuall y d iscovered in
consequence of information gi ven, so me guarantee is afforded
thereby that the informat ion was tru e, and accordingly can be
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safely allowed to be given in evidence; but clearly the ex tent of
the information admi ssible must depend on the exact nature of
the fact di scovered to which such lnfo rrnation is required to
re late. Norma ll y the section is brought into operation when a
pe rson in police custody produces from some place of
concealment so me obj ect, such as a dead body, a weapon, or
ornam ents, said to be connected with the crime of whi ch the
informant is accused. Mr. Mcgaw, for the Crown, has argued
th at in such a case the I'fact discovered" is the physical obj ect
produced, and that any information which relates di stinctly to
that object can be proved. Upon this view informat ion g iven by
a person th at the body produ ced is that of a person murdered by
hi m, th at th e weapon produced is the one used by him in the
com missio n of a murd er, or that the ornaments produced were
stole n in a dacoity would all be adm issible. If thi s be the effect
of S. 27, li ttle substance would remain in the ban imposed by
the two precedi ng sec tions on confessions made to the pol ice,
or by perso ns in police custody. That ban was presumably
inspired by the fear of the legislature that a person unde r pol ice
infl uence might be induced to confess by the exercise of undue
pressure. But if all that is required to lift the ban be the
incl usion in the confession of infonnation, relatin g to an object
su bsequently produced, it seems reasonable to su ppose th at th e
pursuasive powe rs of th e pol ice wi ll prove equal to the
occasio n, and that in practice th e ban wi ll lose its effect. On
normal pri nciples of construction their Lordships think th at the
proviso to S. 26. added by S. 27. should not be he ld to null ify
the substance of the section. In the ir Lordships' view it is
fallacious to treat the "fact discove red" within the section as
equi va lent to the obj ect produced; the fact di scovered embraces
the place from wh ich the object is produced and the knowledge
of the accused as to th is, and the information g iven must relate
di stinctly to th is fact. Information as to past user, or the past
history, of the obj ect prod uced is not related to its di scovery in
the sen ing in which it is discovered. LnfOlmation suppl ied by a
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person in custody that "1 wil l produce a knife concealed in the
roof of my house" does 110 t lead to the discovery of a knife;
knives were discove red many years ago. It leads to the
discovery of th e fact th at a knife is concealed in the hOllse of
the infOlmant to his knowledge, an d if the kn ife is proved to
have been used in the co mmissio n of the offence, the fact
discovered is very relevant. But i f to the statement th e words be
added "with whi ch I stabbed A" th ese words are inadmiss ible
sin ce they do not relate to the di scovery of the knife in th e
house afthe infolmant."
Elucidate and explain the legal effect of the aforesaid quotati on with
examples. In terms of your reasoning, please examine the following
statement of th e acclised and indicate the portions which are adm issible o r
not ad missib le under Section 27 of the Indian Evidence Act.
"State ment made by the accused Inala Sydayya on being
arrested. Abou t 14 days ago, I, Kotayya and people af my party
lay in wa it for Sivayya and others at about sunset time at the
corner of Pulipad tank. We, all beat Boddupati Chi nna Sivayya
and Subbayya, to death. The remain ing persons, Pullayya,
Kotayya and Narayana ran away. Dondapati Ramayya who was
in our party received blows on his hands. He had a spear in hi s
hands. He gave it to me then. I hid it and my stick in the rick of
Venkatanarasu in the village. [ will show if you come. We did
all th is at the instigation of Pulu kuri Kotayya."
(20 marks)
3 . •A' li vi ng in a resettlement colony had put his bucket under the water tap in
the ga/i for filling water. '8 ', who resided nearby and was present there from
before, fe lt aggrieved and so he threw the bucket of •A'. A fight ensued
between 'A' and '8 ' . On hearing noi se, many persons livin g in the
neighbourhood assembled and tried to separate' A ' and ' 8 '. ' C\ the brother
of '8 ' arrived at the spot and picked up a stone lying nearby and threw it
towards 'A'. The slone hit 'A' on his arm and he fell down. While fa ll ing,
'A' hit his head agai nst a concrete boundary wall and blood started oozing
from hi s head. 'A' was taken to the hospita l where he died after two days.
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The post-mortem report attrib utes injury on the head of ' A' as the cause of
death.
Decide w hether accused 'C' is guilty of havi ng co mmitted an offence
of murder under Section 302 of the Indian Penal Code or culpable ho mi cide
not amounti ng to murder under Section 304 of the Indian Penal Code or an
offence under Section 307 of the Indian Penal Code or any o ther lesse r
offence under the lndian Penal Code.
(30 marks)
4. Distingu ish between "common intention" and "common o bject". Ifa person
is charged under Sectio n 302/ 149 of the Indian Pena l Code, can he be
convicted under Section 302/34 of the Indian Penal Code?
( 10 marks)
5. Explain and e lucidate the difference between kid napping and kidnapping for
ransom? Is the di ffe rence justified?
(10 marks)
6. Exp lai n the difference between cri min al co nspiracy and abetment?
(10 marks)
7. A dying declarati on is a weak type of evidence as the accused does not get
an opportuni ty to cross examine the witness. Cri tica ll y examine.
(10 marks)
8. (i) What is the purpose of examination of an accused under Section 313
of the Code of Crimi na l Procedure?
(ii) What is th e effect of not putting an incriminating evidence in such
examination? What are the remedies before an Appellate Court?
(10 marks)
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DELHI JUDICIAL SERVICE MAIN EXAMINATION
(WRITTE N) - 2018
Time Allowed : 3 Hours Max Marks: 200
In structions:
1. Please read the quest ions carefully and answer them as directed.
2. All questi ons are compulsory, unless specifi ed.
3. You are all owed 15 minutes time before the examination begins, duri ng
which you should read the quest ion paper and, if you wish, highl ight and/or
make notes on the questi on pape r. However, you are not allowed, under any
ci rcumstances, to open the answer sheet and start writing during thi s ti me.
4. Support eac h of your answers with reasons, relevant legal provisions and
legal principles.
C IVIL LAW-I
I. Answer any two questions:
3. When and in which cases princ iple of vicarious liability can be
in voked by the pJaintiffsuing underthe Law of Torts?
b. What are the princ iples app licable to detenn ine negligence, if any, on
the part of a professional (Docto r, Lawyer, Chartered Accountant)
towards his client?
c. "The King can do no wrong". Exp lain this principle in the Indian
co ntext of sove reign immun ity and acts of the State.
( 10 marks x 2 ~ 20 marks)
2. 'A' an d ' 8 ' entered into an oral contract as per which seller 'A' was to
supply 5,000 tennis balls of yellow colour within 10 days for Rs. 10,000/- to
buyer 'S '. 'A' supplied whi te colour tennis balls within the said period
instead of yellow colour tennis balls. which deli ve lY was made to the
gatekeeper at the shop of '8 ' as ' 8 ' was out of station on the said date. '8 \
on return inspects the balls after two weeks, and notices that balls were of
wh ite colour, though the contract was fo r supply of yellow colo ur balls. 's'
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does not in form or talk to 'A' but intimates his Bank not to honour the post
dated cheque given by him. The post dated cheque issued by 'B' to 'N gets
dishonoured. In the meanwhile, another person 'e' approaches'S' and the
wh ite balls supplied by 'A' are sold by 'B' to 'c' at a mutually agreed price
of Rs. 15,000/-. 'A' files a suit for recovery against 'B' for the price as
agreed i.e. Rs. 10,000/-. ' 8' contests the said suit on the ground that the
balls supplied were not as per the agreed contractual terms, and therefore, he
is not li able. He al so pleads and leads evidence to show that the market price
of white colour balls was lower than the market price of yellow colour balls.
'A' submits that '8' has sold the white balls and made profit ofRs. 5,0001-.
Examine with reference to the provisions of law appli cable and
decide.
(20 marks)
3. Elucidate with examples difference between 'damages', 'liquidated
damages' and 'penalty' under the Indian Contract Act.
(15 marks)
4. A forfeiture clause in the employment contract provides that "if a person
engages in a competing business/service within two years period after
leaving the company, the outstanding incentive amount due to him can be
forfeited".
Whether the clause is enforceable or is vio lative of Section 27 of the
Indian Contract Act?
(10 marks)
5. 'A' enters into a contract with 'B', an interior decorator. 'B ' has promised
to execute a turnkey project wh ich includes design and su pply of furniture
and furnishings for Rs. 20,00,0001-. 'A' pays '8 ' Rs. 1,00,000/- in advance.
'B' dies with in one week after he has received advance payment of
Rs. 1,00,000/-, without furnishing drawing, furn iture etc.
What are the remedies avai lable to 'A' under the Indian Contract Act
and law of succession? Whether legal representatives of'S' are liable to
perform the promise made by 'B'?
(10 marks)
6. 'A' promises 'B' to drop a prosecution which he has instituted against 'B'
for robbery and 'B' promises to restore the value of the things taken.
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Whether the agreement is valid unde r the Indian Contract Act? What
wo uld happen if the settlement is arri ved before the Med iation CentrefLok
Adala!?
(5 marks)
7. What are the principles governlng grant of anti-suit injunction? Can an
lndian COUIt grant ant i-sui t injunct ion for proceedingS/suit pending in a
foreign court?
(10 marks)
8. A !enan!, on 01.01.201 8 is forcibly witho ut consent dispossessed by his
land lord. On 0 1.08.20 18, th e tenant on coming to know that the landlord
may induct a third person as a tenant fil es a suit for declaration that he is the
lawful tenant and also prays fo r inj unction restraining the land lord from
inducting a fresh tenant.
Decide whether the suit can be decreed in tenns of the prayers?
(7 marks)
9. Can ' A', a plaintiff, sue for specific performance of sale of shares ofa public
listed company? Examine with reference to provisions of the Specific Relief
Act and decide whether you will decree this suit for specific performance?
(8 marks)
10. 'A', ' 8 ' and 'c' are partners in the registered partnership firm 'B&B' . In
the year 2000, partners ' B' and 'C' bring into the stock of th e firm two
immovable properties. In 2018, disputes arise amongst th e partners. Partner
' A' files a su it for partition of the two immovable properties brought into the
stock of the fi rm by partners ' B' and 'C'.
Decide whether yo u will grant the prayer fo r partition of immovable
properties.
(5 marks)
I I. 'X', ' Y' and ' Z' are partners in the firm, 'M/s. Best Tailors'. 'Y' goes to the
Court and compromises the suit fo r recovery of damages filed by 'A' against
the partnership firm, 'Mis. Best Tailors'.
Can 'Y' compromise the matter? Decide with reference to relevant
provisions of law.
(5 marks)
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12.'A', 'B' and 'C' fonn a partnership firm [o r construction ofa four-storeyed
building on a plot of land. There is a stipulation in the palt nership deed that
profits wi ll be di stributed when the construction is complete and till then
each partner will get Rs. 20,0001- per month. After laying roof of the first
floor, di sputes arise between the partners.
Whether' A' can file a suit for dissolution of partnership claim ing that
the partnership is ' Partnership at Wi ll ' ? Decide.
( 10 marks)
13.'A' a Hindu ma le by a Will g rants life interest in hi s se lf acqu ired
immovable property to his wife '8 " with restriction and bar on '8' s ri ght to
sell, tran sfer and mortgage the property. The Will furt her stipulates that on
' B 's death, the property will be inherited by 'C', his nephew and not by his
children. 'A' died in 1968. ' B', during her lifetime in 2017, sells the
property for con sideration to her children. 'C' files a su it challenging the
sa id trans fer by '8 ' to her children and the sale deed.
Discuss the provisions un de r the law of success ion app licable and
decide the contesti ng claims.
(IS marks)
14 . When and in which cases, on the death of a Hindu male on or after the
enactmen t of the Hindu Succession Act, hi s immovable property or interest
in immovable property wi ll partly or wholly devolve by survivorship upon
surviv ing members of the coparcenary.
(7 marks)
IS. On death of her husband, widow 'A' and her daughter inheri t the
immovab le property under the Hindu S uccession Act. After death of her
husband, wido w ' A' by a regi stered adoption deed adopts'S' as her son.
She dies intestate. Decide whether the property of the deceased husband as
inheri ted by the Hindu widow 'A ' wou ld be also inherited by '8' being the
adopted son.
(5 marks)
16. Write short notes on any two of the following:
a. Tri ple Talaq
b. Mutawalli
c. Nikah Halala
(5 marks)
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17.Write short notes on anyone of the following:
a. What is the difference between Valid (Sahih), Irregul ar (Fasid) and
Void (BaM) marriage in Mohammadan Law?
b. What are the essentials to the validity of Hiba or Gift in
Mohammadan Law?
(5 marks)
18.'W', a Hindu wife, fil es a divorce petition under Section 13( 1)(i) of the
Hindu Marriage Act against ' H' her husband. On 31.08.2009, the petition is
allowed. In an appea l by ' H' to the High Court, the operation of the
judgment and the decree dated 3 1.08.2009 is stayed on 20. 11 .2009. During
the pendency of the appeal, the matter is referred to the Mediation Centre.
'W' and 'H' reach a settlement and 'H' opt to wit hdraw the appeal in tenns
of thei r settlement dated 15. 10.20 11. As per settl ement dated 15.10.2011,
' H' fil es an application within 30 days to withdraw the appeal. On
20. 12 .2011 , the High Court dismisses the appeal in terms of the settlement.
In the meantime, on 06.12.2011 , 'H' marries 'X'. Discord emerges between
' H' and 'X'. Within one year, i.e. on 06. 11.2012, 'X' files a petition under
Section I I of the Hindu Marriage Act to declare the marriage null and vo id
being violative of Section 5(i) of the Hindu Marriage Act. 'X' pleads
ignorance about the settlement between 'W' and 'H'. Decide.
( 15 marks)
19. Whether decree under Section 9 of the Hindu Marriage Act for Restitution
of Conj ugal Ri ghts is usefu l and relevant for any of the parties to the
marriage in the absence of effective provisions fo r its enfo rcement?
Comment
(8 marks)
20. What are the principles and law of inheritance of tenancy on death of a
tenant under the Delhi Rent Control Act?
(7 marks)
21. Whether a co-owner can alone, wi thout impleading other co-owners and
without th ei r consent, fi le an eviction petition under Section 14( 1)(e) of the
Delhi Rent Control Act?
(8 marks)
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,
DELm JUDICIAL SERVICE MAIN EXAMINATION
(WRITTEN) - 2018
Time Allowed: 3 Hours Max Marks: 200
Instructions:
1. Please read the questi ons carefull y and answer them as directed.
2. All questio ns are compulsory, unless speci fi ed.
3. Yo u are all owed 15 min utes time be fore the examinati o n begins, d uring
wh ich you should read the question paper and, if you w ish, hi ghl ight andlo r
make notes on the question paper. However, you are not allowed, und er any
ci rcumstances, lO o pen the answer sheet and start w riting during th is time.
4. Support each o f your answers w ith reasons, relevant lega l provisions and
lega l principles.
CIVIL LAW - II
l. Before you is a petition fo r review. The review petitioner ' A' was onc of the
defendants in a suit for partition filed by his brother '8 ', 'A' did not come
to contest th e suit. A prel imin ary dec ree defining th e shares of the parties
was passed on 3 1. 12.2009. Thereafter, 'B' app lied for a fi na l decree for
parti tion by metes & bounds. ' A' was pursu ing a probate case sett ing up a
Will from his fa the r, the common ancestor of the parties. During the
proceed ings fo r the final decree. 'A ' on 0 1. 12.20 10 files the rev iew peti tion,
now under considel'ation, on the fo llowing groun d:
"Since the probate case was pending, 'A' was advised. there was no
gain in contesting the suit for partition an d hence he did not contest
the suit. Now that he has obta ined probate of the Will of hi s fath er on
0 1.09.2009, he has been adv ised to seek revi ew of th e pre liminaty
decree as the shares of the parties as per the Will arc quite d ifferent
from the shares declared by the preliminary decree. T he prelim inary
decree is an erro r and so the same be reviewed by exercise of the
court's inherent power."
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Text of page 18
'.
Along with the review petition, 'A' also fil es an applicati on for
condoni ng the delay stati ng that during th e period of Dece mber 2009 and
December 2010, he remained sick for several months and could not seek
legal advise at the appropriate time. He also pleads that apart from court's
power for rev iew, he has also invoked the inherent power o f the court for
which there is no limitation.
'8 ' on being served with a notice [rom the Court opposes the prayer
fo r review as well as the prayer for condonation o f delay.
Decide:-
(i) What is the period ofl imitation for fi l.ing a review petition?
(i i) Has' A' made out sufficient ground for condo ning the delay in fi ling
the review petition?
(ii i) Can the Court consider the review petition in exerc ise of its inherent
power?
(iv) Assuming that you condone the de lay, how w ill you decide the review
petition and on what grounds?
[Note: Probate is a process for prov ing the va lidity of a Will]
(50 marks)
2. On 01.01.20 18, the plaint iff files a suit for recovery of Rs. 20,00,0001·
allegi ng that on 01.01.201 4, he had paid the defend ant a sum of Rs.
1,80,00,0001- aga inst wh ich the defe ndant till 01.06.20 14 has suppl ied goods
wo rth Rs. 1,60,00,000/- only. The plaintiff also a lleges that the defendant
acknowledged the dues by writi ng a letter on 0 1.0 1.20 16, whereby a fresh
period o f lim itation commenced with effect from 01.01.2016. The defendant
adm its hav ing written the letter but disputes that it was an acknowledgement
of debt. The letter is as unde r:
"On checking our accounts we find th at you did pay us Rs.
1,80,00, 0001- aga inst which we have al ready del ive red goods wO lth
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Text of page 19
Rs. 1,60,00,0001-. However, nothing is payable to yo u since you owe
a sum of Rs. 30,00,0001- towards the rent of the godown used by you
for storing the goods sold to yo u."
State/Decide:-
(i) The prov is ions whi ch the plaintiff can rely upon for seeking extensio n
of the peri od o f limi tation? What are the minimum primary
mandatory condi tion s for applicati on o f those provisions?
(i i) Whether the suit is within limi tation?
(20 marks)
3 . 'X' sues 'Y' for partItIon and posseSSlOn of the suit property which was
owned by their father 'Z' . 'V' disputes that 'X' was a son of 'z' since 'X'
was born fi ve month s after the disso lution of marriage of 'Z' and his w ife,
who was the mother of both the parties.
State/Decide:-
(i) What is the law regarding presumpti on of legitimacy?
(ii) On what grounds, the legi timacy of 'X' can be cha llenged?
(iii) Will you allow an application filed by 'Y' for DNA test to prove that
'X' is not the real brother o f 'Y '?
(iv) Distinguish between 'may presume', 'shall presum e' and 'conclusive
proof .
(40 marks)
4. The plaintiff has filed a suit for recove ry of Rs. 50,0001- aga inst the
de fendant alleging that the defendant had taken a loan from the plaintiff and
the principal amount together with interest now comes to Rs. 50,0001-.
Whi le presenti ng the plaint the plainti ff mak es an application praying that
si multaneously with th e summons, an o rder of attac hment of the de fendan t's
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I
property, being an urban piece of land, be al so issued. For the prayer for
attachment, the plainti ff makes the foll owing allegati ons:
a. T he defendant is not a man of means
b. He owns a plot of land within the jurisdiction of the court.
c. The plot of land owned by the defendant is the onl y property from
which the amount of the decree, when passed, can be recovered and i f
the defendant sells away the plot, there will be no means of recovering
the decretal amount.
Decide:
(i) Will you all ow the appl ication for issuance a fan order of attachment?
(ii) Assuming that you decide to issue an order of anachment. Prepare a
draft order.
(i ii ) The Court has passed an o rder of attachmen t before judgment.
Subsequently, the suit is decreed. Before the plainti fElde cree- holder
applies for execution, the defendant/judgment-debtor se lls the attached
property. What remedy does th e pla inti ff/decree -ho lder have?
(30 marks)
S. Plaint iff 'K' sues the defendant 'M ' for specific perfonnance of an
agreement to sell. ' K' produces and proves the agreement which is a
registered document, saying that 'M' having received Rs. 40 ,0001- toward s
part payment of the suit property has fa il ed and neglected to execute the
actua l sale deed when ' K ' offe red the balance price, being Rs. 10,0001- and
requested ' M ' to execute and register the sale deed. ' M ' does not di spute his
signature on the agreement produced by ' K· . However,' M ' pleads that the
doc ument was executed under undue influence as ' M ' had borrowed money
fro m 'K' fo r the treatment of his father requiri ng an open heart surgery and
being unable to pay back the loan on repeated dema nd s, o n the d irection of
' K', ' M ' had executed the agreement on the understandi ng that the
agreement would be cancelled when 'M ' pays the dues under the loan whi ch
he is willing to pay now. Further ' M' pleads that the amount still due under
the loan agreement was Rs.9,OOO/- only wh il e the actual value of the suit
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property was not less than Rs. 70,000/-. ' M ' al so produces documents ofthe
loan transaction and the demand letters fro m 'K'. ' M ' also pleads that ' K '
committed fraud by giving him a fal se assurance that the document would
never be acted upo n and wou ld be returned to ' M'.
Decide:
(i) Is the plea of 'M' hit by Section 92 of the Indian Ev idence Act?
(i i) Suppose the court allows the defendant to prove the defence, how are
the parties to share the burden of proof?
(iii) (a) Does an agreement to sell under law require registration?
(b) What is the evidentiary value of an unregistered document which
by law is required to be reg istered?
(30 marks)
6. Answer each question in about 150 words:-
(i) Distin gui sh between order, judgment and decree. Does an appeal lie
against an o rder of inj unction passed under Order XXXIX Ru le t
epC?
(ii) What is meant by the terms ' interrogatori es' , 'discovery' and
'productio n'? How do these processes help in adjud ication of
di sputes in civil cases?
(iii) Di stingui sh between the concepts of res j udicata and relinquishment
of a part of a claim.
(30 marks)
Page 5 0f 5Official key not published for this paper.
Page 1 of 21
Source: High Court of Delhi. Question paper published by High Court of Delhi.