Delhi Judicial Services 2022: Delhi Judicial Service Main Examination (Written), all papers
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DELHI JUDICIAL SERVICE EXAMINATION (WRITTEN) 2022
Duration: 3 nours Maximum Marks: 250
GENERAL LEGAL KNOWLEDGE AND LANGUAGE
Important Instructions
(i) Please read the questions carefully and answer them as directed.
(ii) All questions are compulsory, unless specified.
(iii) You are allowed 15 minutes time before the examination begins, during
which you should read the question paper and, if you wish, highlight
and/or make notes on the question paper. However, you are not allowed,
under any circumstances, to open the answer sheet and start writing
during this time.
(iv) The answer to each question should begin on afresh page.
(v) This paper is to test the candidate's awareness of general legal
knowledge and English language. Credit will be given for substance,
cohesive and concise presentation, articulation of views, ideas and
employment of appropriate vocabulary and expression.
*****
SECTION I
GENERAL LEGAL KNOWLEDGE
1. Write short notes in about 200 words on any s"ix of the following:
(i) The administration of GST and its benefits to the Central
Government.
(ii) The highlights of the recent Kamataka High Court's Hijab verdict.
(iii) The refugees problem and the provisions of international law.
(iv) The petition filed by Shah Bano and the significance of the verdict
and orders given by the Hon'ble Supreme Court in 1985.
(v) The Armed Forces (Special Powers) Act, 1958.
(vi) The Weapons' of Mass Destru~tion (Amendment) Bill, 2022.
(vii) The split verdict of the Delhi High Court on 11 th May 2022 on Marital
Rape and the two differing viewpoints of the judges.
(viii) The New Liquor Policy of the Delhi Government; the major changes
and what they mean for the vendors and consumers.
(6 x 10 mari{S = 60 Mar!{S)
2. Specify whether the following statements are True or False.
(i) The Kothari Commission was set up to make recommendations for the
safety and protection of children.
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/
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.,
(ii) Two of the major recommendations of the Justice Verma Committee
were - Police Reforms and Bill of Rights for Women.
(iii) The first woman Advocate of India was Anna Chandy.
(iv) In August 2020, Advocate Prashant Bhushan was fined Re 1/- by the
Supreme Court for criticizing the Supreme Court and the Judiciary.
(v) The 'FIR Aapke Dwar Yojana' has been launched by the Delhi Police.
(vi) Part III of the Constitution is described as the Magna Carta of India.
(vii) Article 21A prohibits religious instructions or any worship in
educational institutions maintained by the State. .
(viii) Quorum is the maximum number of members of a Legislature that
must be present to make the proceedings valid.
(ix) Soli J. Sorabjee had been appointed as Attorney General of India,
thrice.
(x) The first Federal Court of India was set up in Delhi in 1937.
(10 x 2 marks = 20 Marks)
3. Answer the following questions very briefly (in few words or in a
sentence).
(i) What is the issue dealt with in the Roe vs Wade judgement?
(ii) What was the Delhi Municipal Corporation Bill, passed by the Lok
Sabha in Apri12022?
(iii) In May 202?, what was the Supreme Court' s verdict regai'ding the
Covid-19 Vaccination and which Al1icle did it quote as the basis for
its ruling?
(iv) Name the two judges who were elevated to the Hon'ble Supreme
Court in May 2022.
(v) Where are the headquarters of the International Criminal Court
located?
(vi) Which two judges were responsible for introducing PIL in the judicial
system of India?
(vii) What was the Supreme C01ll1's order regarding the Sedition Law, as
pronounced on 11 th May 2022?
(viii) Who has authored the book, 'We, The People'?
(ix) Who has authored the book, 'My Tryst with Justice'?
(x) When is the National Law Day or Constitution Day observed in India?
(10 x 2 marks = 20 Marks)
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SECTION II
LANGUAGE
4. Write an essay in 500 words each on any two of the given topics:
(i) An education system divided by internet inequity during the Covid 19
Pandemic and its long-term impact on India's youth and economy.
(ii) Nothing is impossible if there is a political will.
(iii) The social media is making us asocial.
. (iv) There is no better test of excellence of a government than the efficacy of
its judicial system.
(v) In 2021, India slipped 28 places to rank 140th among 156 countries in the
World Economic Forum's Gender Gap Report 2021. What does this
mean for India and how can this gap be bridged?
(2 x 25 marks = 50 Marks)
5. Write a precis of the following passage in about 150 words with a
suitable title:
One of the issues that Ambedkar paid close attention to was that of power
and governance. He thought that governance must reflect sociological reality as
closely as possible, lest those wielding power to their advantage suppress the
excluded groups. Ambedkar spent a great deal of his time and energy in advancing
proposals for the purpose of stressing the need to respect justice and equity.
His commitment to democracy as the mode of governance was unwavering
but he argued that democracy needed to become a way of life. He developed some
interesting arguments on why parliamentary democracy was the most suitable form
of government for India and advocated feasible modes of representation and
franchise. His writings dwell extensively on such monumental issues as the
presidential versus parliamentary form of government, the relationship between the
executive and legislature, the role of the judiciary and judicial review,
constitutional bodies such as the Election Commission, the federal division of
powers, states in a federation, the role of the Governor, the Constitution and the
legislature, constitutional amendments, political parties and public opinion.
One of the domains that Ambedkar was engaged in very closely was civil
society, in terms of its operative dimension. He basically saw it as the conscience
keeper of the political sphere, determining the course of governance in the long
run. Civil society is the domain in which one has to struggle for human values. He
viewed religion as an important institution of civil society, which included other
institutions such as political parties, the press, educational institutions, unions and
associations. It is a contentious terrain of agreement and disputations resulting in
relatively stable zones of agreement. Religion can playa major role in deciding the
nature and stability of such agreement. Ambedkar's loathing for violence as a
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mode of constituting governmental authority or to settle issues in civil society was
to have far-reaching implications for constitutional democracy in India. However,
he emphasized the value of transformative interventions, and it is in his own
organization of associations and movements and educational institutions, his
writings on the need for social transformation, and eventually his conversion to
Buddhism, that Ambedkar's role can be seen.
(20 Marks)
6. Translate the given extract into Hindi:
Many laws seem to be created for the purpose of protecting people from
themselves. Some examples are age limits for off-road vehicles, seatbelt
requirements for cars, and wearing a helmet when riding a motorcycle. Opponents
of these laws feel that their rights are being restricted. If it doesn't hurt anyone
else, why should there be a law? But if they are harmed, it can cause them a lot of
pain and loss.
In another context, consider employees putting aside money for their
retirement in the Employees' Provident Fund. The Employees' Provident Fund
Organization (EPFO) can invest only up to 15% of investment in equity as per the
pattern of investment notified by the central government. This is to protect the
life's savings of employees although some may think otherwise.
It isn't easy to find the proper balance between individual rights and the
common good. Some people will think that the new law goes too far. Others may
complain that it doesn't go far enough. If it is too much, we can stand up and fight
it. Although we may not agree with every law, some minor inconveniencies are
part of living in our society.
(30 Marks)
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(30 Marks)
8. Fill in the blanks in the following passages / sentences, choosing the most
appropriate word/words from the given choices:-
Shridhar often (1) recants / reminisces / remanence about the time
he spent at the Santiniketan University sitting (2) at / under / in the
shade of a huge banyan tree, drinking tea (3) with / in / from his
favourite cup, while musing about the interesting lectures delivered by his brilliant
professors.
The judge could easily (4) look through / see through / see into the
culprit's sinister motives but the evidence put forth by the police was insufficient
to (5) exonerate / exculpate / indict him.
The journalist's description of the crime scene remained , (6) esoteric
/ convincing / dispassionate devoid of any bias or emotion.
I wanted to complete the assignment, but (7) am not having /
haven't had / hadn't time to do it today.
The Assistant Registrar did not _ _ _ _ (8) brought / bring / bought the files
to the office.
Reluctance to get vaccinated has been one of the _____ (9) reason / reasons
for the rise of Covid 19 cases in the world.
Neither of the two applicants _ _ _ _ (10) were / was suitable for the job.
(10 x 2 marks = 20 Marks)
*****
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DELHI JUDICIAL SERVICE EXAMINATION (WRITTEN) 2022
Duration: 3 hours Maximum Marks: 200
CIVIL LAW-I
Important Instructions
(i) Please read the questions carefully and answer them as directed.
(ii) You are allowed 15 minutes time before the examination begins, during
which you should read the question paper and, if you wish, highlight
and/or make notes on the question paper. However, you are not allowed,
under any circumstances, to open the answer sheet and start writing
during this time.
(iii) The answer to each question should begin on a fresh page.
(iv) Support each ofyour answers with reasons, relevant legal provisions and
principles and also relevant case laws.
(v) Even ifyou do not know the answer, it is advisable to attempt as much, as
the test is not only of the knowledge of law but also of analytical
reasoning.
*****
PART-I
Write short notes on any four out of the following six questions:
1. Whether a bequest of a property under a will would amount to transfer of
property under Section 5 of the Transfer of Property Act, 1882? Explain.
2. "Property in the goods and risk in respect of them go together". Are there any
exception to the principle? Explain with the help of case law.
3. What are the rights of an unpaid seller? Distinguish between the unpaid
seller's right of lien and right of stoppage in transit. Support your answer with
the help of examples.
4. What is heritable property under Muslim Law? Compare the same with Hindu
Law in reference to ancestral property of Joint Hindu Family.
5. An Owner of a plot of land is building a four storeyed house within the
jurisdiction of South Delhi Municipal Corporation (SDMC). During the
course of construction, the building is sealed in pursuance of the Orders
passed by the Commissioner, SDMC. The owner disputes it and states that the
construction is in accordance with the Building Bye-Laws and the building
plans sanctioned by SDMC. What are the remedies available to the Owner?
6. What are the different modes of Talaq under the Muslim Law? Which is
considered to be the best or a good Talaq?
(4 x 10 marks = 40 marks)
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PART-II
Attempt any two out of the following three questions:
7. Proof of loss is a sine qua non for claiming "liquidated damages". On proof of
damages, the person complaining of breach is entitled, whether or not actual
loss is proved only reasonable compensation not exceeding the amount so
named in the contract as liquidated damages or penalty. Explain with the help
of relevant case laws. Whether proof of actual loss is necessary in case of
public utility projects like construction of a road or a project related to
environmental protection? Discuss.
8. What are the broad principles governing grant of "anti-suit injunction"?
Explain with the help of relevant case laws.
9. Whether a property can be equitably mortgaged by depositing of documents
which may not be title deeds or registered documents of title but the
documents of allotment of land by a cooperative society or a local
government authority? Support your answer with the help of relevant
provisions of law and case laws.
(2 x 20 marks = 40 marks)
PART-III
Attempt any four out of the following six questions:
10. There is a double-storey shop in an up-market in Delhi which is let out by the
landlord 'L' to the tenant 'T' sometime in the year 1955 on a monthly rent of
INR 500/-. An eviction petition under Section 14(1)(b) of the Delhi Rent
Control Act, 1958 is filed by the landlord against the tenant on the ground that
the tenant has sub-let the property and/or parted with possession of part of the
premises by sub-letting a pmt of the first floor by letting out three small
cabins to three Medical Practitioners (MPs). The landlord alleged that the
three MPs had a separate MTNL connection in their cabins. Each of the three
cabins had a door which could be locked. A local commissioner was
appointed at the request of the landlord who stated in his report that at the
time of inspection the cabins were not having any doors but there was a
possibility of the doors having been fixed on the cabins. Landlord has
established the existence of separate MTNL connections in the name of three
MPs in the cabin.
During evidence, it is established by the tenant that the keys of the main
door/shutter always remained with him. It was he (the tenant) who used to
open the main shutter of the shop in the morning and close the same in the
evening. It was pleaded and established by the tenant that he was running a
chemist shop in the tenancy premises. The tenant alleged that the MPs have
been permitted to use the premises with his permission in order to promote
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the tenant's business of sale of medicines. The landlord has set up a case that
parting with possession of part of the premises on proved facts is established.
The tenant has submitted that since he has established his control over the
premises and the MPs could use the premises only with his permission after
he had opened the shop, there cannot be any question of parting with
posseSSIOn.
The Rent Controller dismissed the eviction petition holding that the MPs were
not in exclusive possession and the payment of rent by the alleged sub-tenants
was not established by the landlord.
The landlord has filed an appeal before the Rent Control Tribunal with the
averments that once presence of third persons was established, it was for the
tenant to prove that there was no monetary consideration. Decide the appeal
with the help of relevant case laws.
11. H marries W in the year 1996. Out of the wedlock a daughter D is born in the
year 1997. In the year 2014, W leaves matrimonial home along with D on the
ground that the husband has been treating her with cruelty. W is employed as
a teacher in a public school getting a salary of INR 50,0001- per month. Since
the time W left the matrimonial home, she is staying with her parents in a
DDA flat. In the year 2016, W files a petition under Section 18 read with
Section 20(3) of the Hindu Adoption & Maintenance Act, 1956 to claim
maintenance at the rate of INR 5,00,0001- per month for herself and daughter
D of the parties. D has studied engineering and during the pendency of the
maintenance petition, in the year 2020 she is engaged to a doctor working in a
reputed government hospital. An application is moved by W to claim
expenses for the marriage of the daughter amounting to INR 1.25 crores.
W has established that H who is 80% shareholder of a private limited
hospitality company (Bloom) is owning a resort with 5-star facilities and
having 52 cottages at Manali. Rest 20% shares in the company are held by
close family members of H. W has also established that H owns two high
valued cars including a BMW. The company Bloom also owns four luxury
cars. Bloom had a net profit of over INR 2 crores during the last 3 years and
over INR 1.5 crores during two previous years before that.
On facts, it is established before the Court that W was justified in leaving the
matrimonial home on account of physical abuse and cruelty meted out to her
by H. What are the relevant factors for determining the admissibility and
extent of maintenance to the wife and unmarried daughter? Whether the wife
is also entitled to any amount towards the marriage expenses of daughter D?
If so, how much? Decide with the help of relevant case laws.
12. An owner of a land executed an agreement to sell with X for a total sales
consideration of INR 56,0001- in the year 1986. X paid INR 25,0001- as part
of sales consideration at the time of execution of the agreement to sell. The
Sale Deed was agreed to be executed within 2 years. Meanwhile, at the
instance of the owner, the period of two years was extended twice. Last such
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extension was granted in the year 1991. A further sum of INR 15,0001- was
paid by X towards sales consideration at the time of second extension. At.that
time , balance sale consideration ofINR 16,0001- was also agreed to be paid at ·
the time of execution of the Sale Deed. However, in the year 1994, the owner
sold the land to P and also executed the Sale Deed despite receiving INR
400001- from X towards sales consideration. P is closely related to X and is
,
aware of the agreement to sell between the .owner and X. X files a suit for
specific performance against the owner as well as P. Both the trial court as
well as the first Appellate Court decreed the suit in favour of X, however, the
Second Appellate Court reversed the conCUlTent finding of the Courts below
on the ground that there was no specific averment in the plaint as required
under Section 16(c) of the Specific Relief Act, 1963 and that the relief of
specific performance is discretionary in nature. X approaches the Apex COUl1
stating that his readiness and willingness to perform his part of the contract
was writ large from the payment of the substantial pat1 of the sale
consideration and his conduct. Decide, taking into consideration the relevant
provisions of the Specific Relief Act, 1963 and the case laws.
13. Sohanlal owns a parking space adjacent to a 5-star hotel where Rohan parks
his car for a nominal fee. Rohan is issued a parking slip with an "owner's
risk" clause. Rohan's car is stolen from t~e parking space. Since the car is
insured, the insurance company settles Rohan's claim and in tum Rohan
executes a Power of Attorney (POA) and a letter of subrogation in favour of
the Insurance Company. They both file a suit against Sohanlal seeking
payment of the value of the car and compensation during the period Rohan
remained without a car. Discuss the liability of Sohanla!.
Would it make any difference if Rohan had given his car for valet parking to
the hotel staff who had ultimately parked it in the parking space owned by
Sohanla!. While handing over the car for valet parking, Rohan was handed
over a parking slip stating that the parking would be at the 'guest's own risk'.
The suit for recovery of value of the car and compensation is jointly filed by
the Insurance Company and Rohan against the Hote!' What would be the
liability, if any, of the hotel? Refer to the relevant case laws.
14. L an owner of agricultural land passed away in the year 1951. As the only son
of L, G inherited his entire property. G had three sons. In the year 1964, G
effected a partition by way of court decree and divided his property equally
amongst his three sons. G passed away on 15-07-1970. One ofG's son, being
D, had only one son viz., A, who was born in the year 1985 through his first
wife. D purportedly sold his entire share of property to H vide 2 registered
Sale Deeds dated 01-09-1999 for an ostensible sale consideration of INR
4,87,5001-. On 21-9-1999, the two Sale Deeds were sent by the Sub-Registrar
to the Collector for action under Section 47-A of the Stamp Act, 1999 as the
Sale Deeds were undervalued. Before the Collector, both D & H admitted that
no sale consideration was exchanged for the Sale Deeds and the amount was.
mentioned only for the purpose of registration. D got married to H in 1999
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and subsequently in the year 2000, the Collector held that the two Sale Deeds
were executed without any monetary transaction.
On becoming major, in the year 2004, A filed a suit against his father, D and
H for declaration that the suit property was coparcenary property -and hence
the two Sale Deeds executed by his father D in favour of H were illegal, null
and void. A also prayed for a permanent injunction restraining H from further
alienating, transferring or creating a charge over the property. During the
pendency of the suit, H sold the suit property to P vide a Sale Deed dated 30-
10-2007. In the year 2011, the suit was decreed in the favour of A. it was held
that the suit property was ancestral coparcenary property of D. H failed to
prove that D had sold the property for either legal necessity of the family or
for the benefit of the estate. Consequently, the Sale Deeds executed by D in
favour of H were declared illegal, null and void.
Now, H along with P has challenged this decision stating that A has no locus
to institute the suit, since the coparcenary property ceased to exist after G
partitioned the property between his three sons in 1964. A contention has also
been raised that A had no right to challenge the Sale Deeds executed in 1999
on the ground that the sale consideration had not been paid, since only the
executant i.e., D could have made such a challenge. Decide, whether the suit
property was coparcenary property or self-acquired property of D? What is
the validity of the Sale Deeds executed by D in favour of H in the year 1999
and the subsequent Sale Deed executed by H in the year 2007 in favour of P?
Refer to the relevant provisions and the case laws.
15. W, a Muslim purchased 2 plots of land in the year 1960 and constructed a
house on it. In the year 1967, the house (suit property) was mortgaged by W
in favour of J for a sum of INR 11,0001-. After 3 years of execution of
mortgage, not being able to pay to J, W executed a registered Sale Deed dated
21.12.l970 in favour of J for a consideration of INR 30,0001-. In the year
1978, S, son of W, filed a suit against J for declaration that the mortgage deed
dated 21.11.1967 and the Sale Deed dated 21.12.1970 in favour of J is void
and consequently sought cancellation of Sale Deed. In the alternative, S also
claimed for redemption of the mortgage, in case, the mortgage is held to be
valid. It is the case of S that the suit property was gifted to him by W through
an Oral Gift Deed dated 30.09.1970 and he was put in possession. On the very
same day, a Will was also executed by W in favour ofN (step-mother of S) in
respect of certain other properties which clearly mentions about the oral gift.
S also averred that the Sale Deed was executed by W under undue influence
and the consideration was also inadequate.
During evidence, it is established by J that W had sold the suit property for
consideration of INR 30,000 and executed the Sale Deed, post which, she had
continually exercised her ownership. In fact, based on the registered Sale
Deed, J had been filing eviction petitions against various tenants. One such
eviction suit was filed by J against Sand N also, which was decreed in her
favour and against Sand N. The appeal filed by Sand N against eviction
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order was also dismissed. J also averred that the suit for declaration was
barred by limitation. The suit property was mutated in the name of J after 4
years of execution of Sale Deed. During evidence, S had admitted the fact
regarding eviction order and mutation of J's name in the municipal records.
The Trial Court, thus, dismissed the suit for declaration holding that the
mortgage deed was legal and valid. It was also held that the Sale Deed was
executed onpayment of due consideration and cannot be assailed on the
ground of undue influence or inadequate consideration. The suit for
declaration was also found to be balTed by limitation. In regard to Will, the
Trial Court held that Will cannot be accepted since it does not bear the
signature of the scribe and was not registered.
The decision of the Trial Court was appealed by S. The First Appellate Court
rejected the findings and oveliurned th~ decision of the Trial Court. It was
held that there was no necessity for W to mortgage or sell the suit propeliy for
such inadequate consideration and J had failed to discharge the burden cast on
her of proving that the Sale Deed was validly executed. It was further held
that the Oral Gift and the Will have been duly proved. The High Court
affirmed the findings of the First Appellate Court. The High Court also held
that S is entitled to redeem the mortgage and directed him to pay INR
11,0001- for redemption of mortgage and also ordered delivery of
possession.Decide:
a. Whether the High Court and the First Appellate Court were right in
accepting the case of S that W orally gifted the suit property to him and
also executed the Will on 30.09.1970 in favour ofN and rejected the Sale
Deed dated 21.12.1970?
b. Whether the High Court was right in granting the alternative relief of
redemption of mortgage deed?
(4 x 30 marks = 120 marks)
*******
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DELHI JUDICIAL SERVICE EXAMINATION (WRITTEN) 2022
Duration: 3 hours Maximum Marks : 200
CIVIL LAW-II
Important Instructions
(i) Please read the questions carefully and answer them as directed.
(ii) You are allowed 15 minutes time before the examination begins, during
which you should read the question paper and, if you wish, highlight
and/(Jr make notes on the question paper. However, you are not allowed,
under any circumstances, to open the answer sheet and start writing
during this time.
(iii) The answer to each question should begin on a fresh page.
(iv) Support each ofyour answers with reasons, relevant legal provisions and
principles and also relevant case laws.
(v) Even ifyou do not know the answer, it is advisable to attempt as much, as
the test is not only of the knowledge of law but also of analytical
reasoning.
*****
PART-I
Write short notes on any four out of the following six questions:
1. Distinction between the action of infringement of trademark and action for
passing off.
2. The concept of Res judicata and estoppel.
3. What is the effect of non registration of a document which requires
compulsory registration under the Registration Act, 1908? Its effect and
implication on the continuity of proceedings before courts and tribunals.
4. Section 52 of the Copyright Act, 1957 provides for certain exceptions to
infringements of copyright and the said provision allows limited use of
copyrighted works without the permission of the copyright holder.
What are the acts which are not to be treated as infringement of copyright?
5. Discuss the principle and scope of Primary and Secondary evidence. Give
two examples of each.
6. Registration of trademarks subject to disclaimer and its effect. Explain
whether any remedy for injunction would still be available as per law.
(4 x 10 marks = 40 Marks)
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PART-II
Attempt any two out of the following three questions:
7. Explain when foreign judgments are not conclusive and under which
circumstances there could be a presumption as to a foreign judgment.
Quote relevant provision of law and give two examples.
8. Is the object of Section 9(1) (ii) (b) and Section 17(1) (ii) (b) of Arbitration
and Conciliation Act, 1996 similar to the object of Order XXXVIII Rule 5 of
the Code of Civil Procedure, 1908?
Please explain when and under what circumstances and situations, the comi
or Arbitral Tribunal can exercise its powers to pass orders in order to secure
the amount in dispute? Give two examples.
9. Explain the following -
"Principles on which Section 91 and Section 92 of the Indian Evidence
I
Act, 1872 are based and the difference between them. Please explain by
giving four illustrations."
(2 x 20 marks = 40 marks)
PART III
Attempt any four out of the following six questions:
10. The plaintiff filed a suit for recovery of amount against defendant in the year
2016 in Delhi Court. In his written statement, the defendant has taken the
objection about territorial jurisdiction. Despite the objection~ the plaintitl
continued'the suit. Issues were duly framed, including the issue of territorial
jurisdiction, evidence led and the suit was finally decreed in the year 2020.
At the first date of hearing of appeal, the plaintiff withdraws the suit to file a
fresh suit in the court having territorial jurisdiction in Mumbai. An objection
was raised by the defendant that the suit was now time barred. The period
spent by the plaintiff in the earlier suit cannot be excluded under Section 14
of the Limitation Act, 1963 as it was not prosecuted with due diligence and
in good faith.
Please discuss the law and give reasons as to whether the period spent
in the earlier suit can be excluded under Section 14(3) of the Limitation
Act, 1963 or is it the discretion of the court to exclude or not to exclude the
said period?
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Text of page 14
11. The plaintiff filed a suit for passing off of its trademark and for infringement
of the copyright. The defendant filed the written statement claiming four
years continuous use of the same mark and copyright within the knowledge
of the plaintiff. The defendant pleaded long delay, acquiescence and
estoppel in view of positive knowledge of such use by the plaintiff.
Admittedly, the defendant was working with the plaintiff. The defendant
was also unable to explain the reason why he had adopted a similar mark
and copyright.
Please discuss the law and decide the application for injunction giving
reasons as to whether the plaintiff is entitled for injunction or not?
12. 'A', who is the owner of property at Lajpat Nagar, New Delhi executed
agreement to sell on 25th January, 2017 with 'B' for a sale consideration for
sum of Rupees five crores'. 'B' paid ten percent as advance of sale
consideration to 'A'. The agreement to sell was neither stamped nor it was
registered under the Registration Act, 1908. The possession was never
transferred by the 'A' to 'B' at the time of execution of documents. After
expiry of two months, 'A' refused to sell the property to 'B' in view of
better offer received from 'C'. 'B' had no option but to tile the suit for
Specific Performance against' A' along with prayer for injunction and for
damages. The suit was strongly contested before Court by 'A' who also filed
an application under Order 7 Rule 11 (d) for rejection of plaint on the
ground that the suit was barred by law.
Please discuss the law and decide the application filed by 'A' for
rejection of suit as to whether suit is barred by law or not by giving reasons?
13. The plaintiff filed a suit for infringement of trademark and copyright against
the defendant in the City Civil Court, Hyderabad being suit no 238/88. The
Court dismissed the suit mainly on the ground that there was no
infringement. Thereafter, second suit no. 123 of 1992 including a fresh
prayer for the relief of passing off action was tiled. It was alleged in the
second suit that the same was being filed on the basis of fresh and recurring
cause of action. The defendant has denied any passing off and also alleged
that second suit is not maintainable and is barred by Order 2 Rule 2(3) of
Code of Civil Procedure, 1908. The plaintiff denied all averments of the
defendant and stated that it is not barred under Order 2 Rule 2 of CPC.
Please discuss the law and decide whether the second suit is barred
under Order 2 Rule 2(3) of Code of Civil Procedure, 1908 or not. Also
discuss as to whether it was a fresh and recurring cause of action and
whether the second suit is maintainable or not? Give reasons.
14. The claimant filed an application under Section 31 (6) of Arbitration and
Conciliation Act, 1996 for passing an interim award on the basis of
admission about the completion of work at the site made by the respondent
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Text of page 15
in the statement of defense. The prayer is opposed by the respondent stating
that there is no specific admission in the statement of defense. Now, the said
application has to be decided. Admittedly, as per the scheme of Section
31(6) of Arbitration and Conciliation Act, 1996, the com1s and Arbitral
Tribunal are empowered to pass interim awards on the basis of the facts and
admission made by the respondent. On the other hand, the provisions of
Order XII Rule 6 of the Code of Civil Procedure, 1908 require an
"unequivocal", "unconditional" and "unqualified " admission by the
concerned party.
In view of above facts, decide the application and explain the
distinction between the scope of section 31 (6) of Arbitration and
Conciliation Act, 1996 and Order XII Rule 6 of the Code of Civil Procedure,
1908.
15. 'A' is a well known author who had written a Hindi novel. 'B' is a director
of Hindi movies. 'A' assigned all rights pertaining to copyright in its novel
in favour of 'B', who intends to make a H.indi movie of the theme of the
novel. After completion of movie and before its release in theaters, 'A' filed
a suit for injunction and compensation against 'B'. The complaint of 'A'
was in respect of mutilation and distortion of the theme of novel. Such
details were provided to the court. 'B' denied all allegations. His defence
was that there were merely cosmetic changes in the theme of the novel as
per usual practice in the film industry. The controversy before the court was
the question of demarcating the boundaries of the rights of the author 'A'
despite assignment of copy right and that of a director of the film 'B' who
had spent huge sum for making the movie.
In view of the above facts, decide the application for injunction as to
whether 'B' has violated the moral right within the meaning of Section 57 of
the Copyright Act, 1957 and whether 'A' is entitled for injunction or not?
(4 x 30 marks = 120 marks)
*******
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DELHI JUDICIAL SERVICE EXAMINATION (WRITTEN) 2022
Duration: 3 hours Maximum Marks: 200
,
CRIMINAL LAW
Important Instructions
(i) Please read the questions carefully and answer them as directed.
(ii) You are allowed 15 minutes time before the examination begins,
during which you should read the question paper and, if you wish,
highlight and/or make notes on the question paper. However, you
are not allowed, under any circumstances, to open the answer sheet
and start writing during this time.
(iii) The answer to each question should begin on afresh page.
(iv) Support each ofyour answers with reasons, relevant legal provisions
and principles and also relevant case laws.
(v) Even if you do not know the answer, it is advisable to attempt as
much, as the test is not only of the knowledge of law but also of
analytical reasoning.
*****
PART-I
Write ShOli notes on any four out of the following six questions:
1. In a case involving two or more accused, is it permissible for the COUli
to record their joint statement under clause (b) of sub section (1) of
Section 313 of the Code of Criminal Procedure, 1973 to save its time?
2. When can the power under sub-section (1) of Section 319 of the Code
of Criminal Procedure, 1973 to add and summon an accused can be
exercised by the court?
3. Will the medical evidence in sexual offences favouring the accused
have any impact on the ocular testimony of the prosecutrix or other
material witness or evidence of a person to whom the prosecutrix
. immediately after the incident narrated the facts?
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Text of page 17
4. Is there any presumption of correctness attached to the confessional
statement recorded under section 164 of the Code of Criminal
Procedure, 1973 by the Magistrate?
5. Consideration for awarding sentence to a convict.
6. The legitimate expectations of a victim of crime from the State.
(4 x 10 marks = 40 Marks)
PART-II
Attempt any two out of the following three questions:
7. Can an accused be convicted on the sole uncorroborated testimony of an
accomplice. Explain.
8. Defence of alibi and the burden of proof. Explain.
9. Is there any requirement of issuing notice to an accused before arrest in
commission of cognizable offences. Elaborate.
(2 x 20 marks = 40 marks)
PART III
Attempt any four out of the following six questions:
. 10.The marriage of 'A' & 'B' was solemnised on 02.11.2016. The accused
was their immediate neighbour and wanted to marry 'A' and threatened
to kill her if she refuses. On 15.11.2016 at about 04.30 PM when 'A'
was sleeping, the accused entered her bed room with petrol in a Can and
threw petrol on her and set her on fire before running away.
'A' came out of her room crying engulfed in flames and upon hearing
her cries, her husband 'B'(PW1), who was on the terrace, came down
and extinguished the fire and took her to the LNJP Hospital. The
Medical Officer (PWlS) opined that she had suffered 100% burn
injuries. The 1.0. recorded her statement in the presence of PW IS. Later
on, PW15 declared the deceased fit to make statement when SDM
(PW19) also recorded her statement. Next day she succumbed to her
injuries.
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Text of page 18
The accused was arrested on the same day. On his disclosure to the La,
the accused got recovered the plastic Can and a photo of the deceased
from his home. On medical examination of the accused, he was also
found to have suffered fresh burn injuries on his both hands.
The accused contended that if the deceased had suffered 100% bum
injuries, she could not have put her left thumb impression on both the
dying declarations and in case of a female, only the right-hand thumb
impression is taken.
In his cross-examination, the La. explained that the right thumb and left
hand of the deceased were burnt but the left thumb was safe.
Discuss the criminality of the accused.
11. 'A' filed a criminal complaint uls 138 of the Negotiable Instrument
Act, 1881 against 'B' and her proprietary firm for dishonour of a
cheque dated 28.10.2016 of Rs. 1,92,0001- on "stop payment
instructions". The complainant alleged that he used to supply wooden
material to 'B' and the said cheque was given to him by 'B' for wooden
material purchased vide Invoice no. 344 dated 28.10.2016. 'A' filed a
copy of invoice bearing some cutting thereon.
'B' placed on record a copy of a letter dated 01.10.2016 addressed to
her banker to the effect that she lost her blank signed cheque in
Kasturba Market where she had gone to buy some goods and for stop
payment. She also filed a copy of the complaint lodged with the Police
after 23 days of having lost her cheque in Kasturba Market and having
given stop payment instructions to her banker.
At the time of framing notice uls 251 CrPC, 'B' replied that the cheque
was stolen by 'A' and she had no liability as she had already filed a
complaint to the police.
The accused also filed an application before the MM under section
145(2) of the NI Act that in September 2016, the complainant in her
absence used to come to her office for business purposes as they had
good business relations, and 'A' came to her office and stole the
cheque.
'B' appeared as a witness and testified that the cheque in question and
other cheques meant for payment to the suppliers by her family
members used to be kept at her residence-cum-office as she used to be
in the field most of the time. She admitted in her cross-examination that
she was having a running account with the complainant and had put the
date on the cheque in question.
Decide the criminal liability of the accused.
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Text of page 19
12.The marriage of 'A' and 'B' was perfonned on 05.10.2019. 'B' made a
telephonic call on 26.09.2021 at about 01.00 AM to his father-in-law
(PW1) and informed him that his wife 'A' had fallen sick and had to be
taken to hospital. PWI and his daughter-in-law (PW5) reached the
home of 'B' where they found 'A' in unconscious condition. They took
her to a nearby hospital where she was declared 'brought dead'.
PWI refused to give any statement to the La. as his son had gone
abroad.
M.a. (PWI5) who conducted the post mortem found that the deceased
suffered fracture nasal bone and injuries on her right temporal region
apart from nail marks and abrasions on her cheeks and lower pmi of the
back. He observed that the injuries were ante mortem in nature.
PWI and PW5 gave their respective statements to the La. two days
after the incident. An FIR uls 498A1304B/302IPC was registered
against the accused. As per the FSL report, the cause of death was 'due
to coma caused by craniocerebral injury (head injury)by means of hard
blunt and forceful impact upon head'.
The defence of the accused is that (i) PW 1 and PW2 gave their
. statement to the La. two days after the incident (ii) there was no
evidence of demand of dowry and causing cruelty to the deceased by
him (iii) no weapon of offence was recovered from his home (iv) no
motive was imputed to him (v) casualty card of the Hospital did not
mention any injury on the body of the deceased (vi) no guard w~s
deputed in the mortuary to protect the body prior to the post mortem
which was conducted after two days.
In his statement uls 313 Cr PC, he stated that his wife was sick being
anaemic and fell down from the bed and suffered injuries. He admitted
that he and the deceased were alone in the home on the night
intervening 26/27.09.2021.
Discuss the criminality of the accused.
13. An accident took place between a motorcycle and a Maruti car at about
10 AM on 18.03.2021. The motorcyclist(PWl) became unconscious
and a guard posted at a nearby Farm House brought him on the side of
the road and informed the police.
The motorcyclist was taken to a nearby Hospital in a PCR van. He was
found to have suffered fracture in his right leg and both the wrists of his
hands apart from other injuries all over the body. An FIR was registered
under section 279/337/338 IPC against the Car driver.
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Text of page 20
The motorcyclist (PWl) deposed that he was driving the motorcycle on
left side of the road and when he reached near the VM Farm, he found
that accused was driving his car at very high speed and loud music was
being played inside the car which was audible outside and his car
collided with his motorcycle. He lost his consciousness and when he
regained his consciousness after five ininutes, he noticed that he was
lying down on one side of the road after being brought by the guard of a
Farm House.
In his cross-examination, PW1 stated that the accused was driving the
car on the wrong side of the road, however, he admitted the site plan
prepared by the 1.0. (PW3) on his instructions to be correct.
The 10 testified that when he visited the site after receiving information
of the accident, he found the motorGycle parked on one side of the road
and car on the other side of the road and accordingly he prepared the
Site Plan. The 10 also got conducted the mechanical inspection of both
the vehicles. The mechanical engineer found both the vehicles were
damaged from front side.
Discuss the criminal liability of the accused.
14. On 10.06.2019 at about 2 AM, the complainant (PW2), aged about 14
years heard the loud screaming of her mother and came down to the
room of her mother from the first floor. She found that the accused had
caught hold of her mother and was pouring kerosene oil from a plastic
bottle on her. Suddenly he set her on fire with a match stick. PW2
started crying loudly upon which her uncle PW3 came there from his
nearby house. In the meantime, the deceased told PW2 that the accused
wanted her to sleep with him to have physical relations with her which
she refused. The accused fled away by jumping the wall.
The deceased was taken to the LNJP Hospital where the Medical
Officer (PW5) found that the deceased suffered 100% bum injuries but
was fit to make her statement. The deceased made similar statement to
PW5 that the accused wanted her to sleep with him to establish physical
relations and on her refusal, he poured kerosene oil on her and set her
on fire with the match stick. The deceased succumbed to her injuries
two days thereafter. PW2 and PW3 supported the case of the
prosecution.
The defence argued (i) the FSL report ruled out smell of kerosene oil
(ii) finger prints did not match with the accused (iii) PW2 did not state
to the 1.0. that the fire was extinguished by PW3 by putting a blanket
(iv) it was a case of suicide.
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Text of page 21
The accused did not explain in his statement uls 313 Cr P C as to how
he suffered burn injuries on his person as his MLC recorded fresh burn
lllJunes.
Discuss the criminality of the accused.
15. The complainant 'A' and the ' accused 'B' entered into a Loan
Agreement on 01.05.2017 whereby the complainant 'A' advanced a
loan of Rs. 2 lacs to the accused 'B' . The loan was to be repaid by 'B'
on or before 31.12.2018. The complainant 'A' demanded the return of
the loan amount in the third week of December 2018 and to discharge
his liability, the accused 'B' handed over a cheque of Rs. 2 Lacs dated
26.12.2018 to 'A'. The said cheque was dishonoured for insufficient
funds.
After giving notice to 'B', the complainant 'A' filed the complaint
under Section 138 of Negotiable Instruments Act, 1881.
The defence of the accused were: (i) 'A' had in fact advanced him loan
of Rs.l,76,0001- only and at the same time, he gave a blank signed
cheque to 'A' (ii) there was no subsisting liability against him (iii) he
had given the cheque to 'A' as security.
The recital of the Loan Agreement mentioned that 'A' had agreed to
give a loan ofRs. 2 lacs to 'B' on interest @ 2% per month. As per the
terms of the Loan Agreement, Rs.2 lacs included interest @ 2% per
month.
'A' admitted in his cross-examination that he had provided a loan to 'B'
by a cheque of Rs. 1,76,0001- and 'A' further voluntarily stated that he
had also paid cash amount ofRs. 24,0001- to the accused at that time.
Decide the complaint.
(4 x 30 marks = 120 marks)
*******
Page 6 of 6Official key not published for this paper.
Page 1 of 21
Source: High Court of Delhi. Question paper published by High Court of Delhi.