Odisha Judiciary — Mains 2016

Discuss the inter-relationship of Fundamental Rights, Directive Principles of State Policy and Fundamental Duties.

Compare and contrast between the positions of President and Governors in India. What is the meaning of pleasure doctrine as contained in Article. 156 (Term of Office of Governor) ?

What special rights are available to the ‘minorities’ under Article 30(1) of the Constitution of India ? Whether Union of India can establish an University exclusively for ‘Minority’ students ?

“The anti-discriminatory provisions contained under Articles 14 to 16 includes the right not to be discriminated against on the grounds of sexual orientation and gender.” Explain with reference to National Legal Services Authority v Union of India (2014) 5 SCC 438.

Right to know is included in right to speech and expression. Discuss with reference to case law.

Explain the ‘Right to Freedom of Religion’ as provided under the Constitution of India. Explain the restrictions on Freedom of Religion.

Explain what do you mean by right-duty relationship. What is peculiar in right-duty relationship in Human Rights ?

The ‘Natural Law’ theories reflect a perpetual quest for absolute justice. Elucidate.

“Possession is nine-tenths of ownership.” Discuss.

“The concept of personality is wider than the concept of humanity.” Discuss. Differentiate between the realist theory and fictions theory of corporate personality.

“International law is vanishing point of jurisprudence.” Explain.

“The movement of progressive societies has hitherto been a movement from status to contract.” In the light of this observation discuss the contribution of Maine.

(a) “An offer need not be made to an ascertained person, but no contract can arise until it has been accepted by an ascertained person.” Discuss. (b) ‘Mere silence is not fraud.’ Explain.

(a) “Initial impossibility renders an agreement void and subsequent impossibility renders a contract void.” Discuss. (b) A vacates the house without the payment of electricity bill. Consequently electricity is disconnected from the power house, B the successor tenant deposits the arrears of electricity bill and brings a suit for its recovery. Will he succeed ?

(a) “Surety’s liability is co-extensive with that of Principal Debtor.” Explain. (b) B owes a debt to C of which A is the surety. The debt becomes payable. C does not sue B for the debt. Is A discharged from his liability?

(a) Explain the difference between a sale and agreement to sell. When does an agreement to sell become a sale? (b) The defendant agreed to sell at certain rate 200 kgs. of Potato which were to grow on the defendant’s field, suddenly the entire crop was destroyed by a disease. Discuss the position of defendant legally.

‘The buyer acquires no better title to the goods than the seller.’ Discuss and point out the exceptions.

(a) When does a seller become an unpaid seller ? What are his rights ? (b) Write note on “Passing of Property”.

(a) Define Partnership and discuss its essentials. (b) Can minor become partner?

Discuss the nature of non-partnership interests £s provided under the Indian Partnership Act.

(a) Discuss the law relating to ‘Partner by holding-out’. (b) State the disadvantages of non-registered firm. SECTION – D

(a) “Every Cheque is a Bill of Exchange but every Bill of Exchange is not a Cheque.” Comment. (b) What do you mean by Negotiability ? Make the difference between negotiability and assignability.

(a) Explain the term holder and distinguish it from a holder-in-due course. (b) A is the payee of an order instrument. A endorses it in favour of B. C steals that instrument and forges B’s signature and makes an endorsement in his own (C’s) favour. C then endorses to D who takes it for consideration and without having sufficient causes to believe that any defect existed in the title of C, Is D a holder-in-due course ?

(a) What do you mean by dishonour of cheques? Is dishonour of cheque for insufficiency of fund in the account an offence ? Explain. (b) What do you mean by crossing of cheque ? State the law relating to the payment of crossed and uncrossed cheques.

What is the scope and significance of Right to Private Defence ?

Explain the different types of offence against the state.

Examine the objective and salient features of the Juvenile Justice Act, 1986 as amended till date. Do you think that in the wake of Nirbhaya incident, the age reduction for application of Juvenile Justice Act is justified ? Give a reasoned answer.

Rajani, a seventeen year old girl, allowed her teacher to have sexual intercourse with her because he told her that he will give her very poor grades unless she allows sexual favours. On coming to Know of this, her parents lodged a complaint against him on charges of rape. Will he be liable for the same ? What other charges could be made ? Discuss the legal position with the help of case law.

Write a critical note on the ethical and legal dilemmas associated with capital punishment.

Write notes on the following: (a) Extortion (b) Grievous Hurt (c) Public Nuisance (d) Fabrication of Evidence (e) Section 498A of L P. C.

What are the essential elements of vicarious liability ? Illustrate with case law.

Discuss, in detail, the tort of malicious prosecution.

What are the different defences available against tortuous liability?

An ardent fan of a popular movie star wanted to garland a huge cut out of his hero. He climbed up the 50 feet wooden cut out and while trying to garland he fell off and died on the spot. His family members filed a case claiming compensation from the owner of the theatre in whose premises the cut out was placed. Advise the owner regarding the defence available to him and illustrate it with case law.

Explain the concept of remoteness of damages.

Write notes on the following: (a) Passing off (b) Ryland Vs Fletcher (c) Contributory Negligence (d) False imprisonment (e) Kinds of damages

‘Hindu Marriage is a sacrament, not a contract.’ Discuss this statement in the background of the Hindu Marriage Act, 1955. How far do you agree with the view that revolutionary changes effected by this Act? Explain.

Explain the concept of ‘Joint Hindu Family’ and ‘Coparcenary’. Is there any change into these concepts after enactment of the Hindu Succession (Amendment) Act, 2005 ? Explain also the power of coparcener to alienate his coparcenary interest in Mitakshara Coparcenary.

In the light of recent Supreme Court decisions, explain the provisions of Section 13-B under the Hindu Marriage Act, 1955. Can a decree of divorce based on mutual consent be granted by the court even before the statutory period of six months ? If yes, by which court and under what circumstances ?

Who is natural guardian of a ward ? What are the rights of a natural guardian under the Hindu Minority and Guardianship Act, 1956 ? Can he alienate the property of a minor ? Explain.

What do you understand by ‘pious obligation1 of a son with regard to discharge the debt of his father ? Discuss. Do you agree with the view that this theory has been diluted by the Hindu Succession (Amendment) Act, 2005 ? Explain.

What are the disqualifications for the heir to inherit the property underthe Hindu Succession Act, 1956 ? Discuss and explain also the provisions of the Hindu Succession Act, 1956 regarding the succession of Male Hindu Dying intestate.

“Quran is the first source of Muslim Law but it is not a complete legal code.” While discussing the Quran as a source of Muslim Law also discuss the other primary sources of Sunni and Shia Law.

It is said that under Muslim Law any husband, who is of sound mind and has attained puberty, may divorce his wife, whenever he may wish. Discuss the husband’s right to divorce his wife.

Whether Dower is a sale price of a Muslim wife or a restriction on unlimited power of a Muslim male to pronounce Talak or it is being given as a token of respect ? Discuss.

Define Waqf and discuss its characteristics. Can a Muslim create Waqf for the repair and maintenance of a Mandir (Hindu Temple) ?

What are the essential conditions for a valid will under Muslim Law ? Discuss the limitations under the Muslim Law on power of making valid will.

Write explanatory notes on any two of the following: (a) Right of pre-emption (b) Right of representation (c) Parentage (d) Conversion and Apostasy

(a) “Though the Transfer of Property Act, 1882 deals with transfer inter vivos, yet an interest may be created in favour of an unborn person.” Discuss. (b) What is the meaning of right of redemption ? Who can exercise this right ? Can this right be curtailed by an agreement between the parties ? Explain it.

(a) ‘The foundation of Doctrine of Election is that no one can approbate and reprobate at the same time.” Discuss with illustrations. (b) “Right of part performance can be exercised as a shield and not as a sword.” Explain it.

(a) Discuss the characteristics of different kinds of mortgages envisaged by Section 58 of the Transfer of Property Act, 1882. (b) What is the distinction among a mortgage, a hypothecation and a pledge ? Explain.

(a) State the essential elements of a valid lease. How is a lease created ? (b) Discuss the doctrine of subrogation. What kinds of subrogations are recognised by the Transfer of Property Act ?

(a) “Justice demands that a person wrongfully dispossessed of property shall recover it.” Explain how is the Specific Relief Act, 1963 operating for this purpose. (b) What are the main points of difference between an action for possession under Section 6 of the Specific Relief Act and recovery of possession based on the tittle ?

Discuss the general principles on the basis of which the courts have been granting the relief of specific performance of contracts. Also enumerate the contracts which cannot be specifically enforced.

(a) What are the essential conditions for obtaining declaratory decree under Section 34 of the Specific Relief Act, 1963 ? (b) Will a suit for declaration lie in the following cases? (i) A suit that P is a legitimate son (ii) A suit by first wife to declare her husband’s second marriage void (iii) A suit for correct date of birth (iv) A suit seeking mere claim of title without possession

Explain the general principles on the basis of which temporary injunction is granted. Also discuss various kinds of injunction as provided under Specific Relief Act. State under what conditions can an injunction be refused by the court?

“The Limitation Act bars the remedy and not the right but equitable considerations are out of place in any provision of law limiting the period of filing the suits of legal proceedings.” Elaborate the statement.

(a) Explain the term’ sufficient cause’ under Section 5 of the Limitation Act, 1963. (b) “Once the time has begun to run no subsequent disability or inability to sue can stop it.” Explain the above rule and state the exception, if any, to this general rule.

Discuss under what circumstances a fresh period of limitation shall be computed under the Limitation Act, 1963. Refer to decided cases.

In the light of ‘computation of period of limitation’ under the Limitation Act, 1963 discuss the following: (i) Exclusion of time in legal proceeding (ii) Exclusion of time of proceeding bonafide in court without jurisdiction (iii) Effect of death on or before the accrual of the right to sue (iv) Effect of fraud or mistake

An FIR was lodged against certain journalists of a national TV channel that they had demanded money from the company of a rival national TV channel for not telecasting its alleged involvement in the scam of the allocation of coal blocks by the Union Government. The Police Officer conducting the investigation searched the studios of both the channels, recovered several recordings, had the recordings containing the voice of the journalists typed out and asked the witnesses to such recordings, to sign these. Further, with the consent of the journalists he organized a voice test by the Central Forensic Science Laboratory. For the voice test he asked the journalists to read out from a script containing sentences from the recordings inculpating them. Comment on the legality of the search, the signing by the witnesses to the recordings and the nature of the voice test?

(a) Can a substantial amendment to a criminal complaint on the basis of subsequent events be allowed by a court ? Discuss the law on such an amendment in the light of the latest judgement of the Supreme Court? (b) What are the contents of a plea bargaining application and how does a court ensure that the application is voluntary?

In the case of a person arrested without a warrant, why are the following orders of a Magistrate, legal or illegal; explain in short. (a) Authorising the person’s custody by the police on his first production before him by electronic video linkage. (b) Authorising detention of the person in judicial custody for a total period of fifty days, where the investigation relates to an offence punishable with death, life imprisonment or a minimum jail sentence of ten years. (c) Ordering stoppage of further invetigation into a summons case in which investigation has not been completed within six months of the arrest of the accused. (d) Ordering a woman accused, of less than eighteen years, produced before him, to police custody. (e) Ordering police custody of an accused without stating reasons.

(a) What is an extra judicial confession and how is it treated as evidence by a court. Discuss with relevant Supreme Court judgments ? (b) Can a Magistrate take cognizance of an offence on his own knowledge and if so, does he have a duty towards the accused before taking evidence? SECTION-B (The Code of Civil Procedure, 1908)

Why are the following legal or illegal ? Explain. (a) Mesne profits of property include the profits received by a person in wrongful possession of property due to improvements made by such a person to the property. (b) A preventively detained person, whose evidence is material in a suit, cannot be ordered by a court to be produced for giving evidence. (c) Cause of action is very piece of evidence which is necessary to prove each fact in support of the right to the judgement of the court. (d) Share in a corporation does not include debentures. (e) In the absence of any specific contrary provision in the Civil Procedure Code, the recovery of rent by a landholder of agricultural land from the produce of such land cannot be had under the remedy provided by the local law.

(a) What are the conditions for a court to state a case and refer it to the High Court ? (b) When does an appeal lie to the Supreme Court from a civil proceeding of a High Court? (c) State the categories of cases in which a High Court is prohibited from exercising its revisional power.

(a) State the particulars that must be contained in a plaint generally and in suits for money and immovable property specifically. (b) A suit is dismissed for non compliance with an order for discovery of documents. Explain, whether a minor plaintiff in the suit can bring a fresh suit for the same cause of action as in the dismissed suit. (c) A dies intestate and indebt to B. C takes out administration to A’s effects and B buys part of the effects from C. In a suitforthe purchase money by C against B, B claims a set off of the debt against the purchase price. Decide the validity of his claim. (d) What are the conditions for a valid counter claim to be entertained by a court ? (e) What are the rules of a plaint or a written statement which apply to claim for a set off or a counterclaim ?

(a) Describe the plaint particulars, the procedure for the appearance of the defendant and for the defendant to defend the suit, in a summary suit. 10 (b) The recording of a finding as to the existence of a triable issue can be said to be the backbone of the entire procedure under Order XXXVII, Comment with relevant Supreme Court Judgments. SECTION – C (The Indian Evidence Act, 1872)

Why are the following propositions legal or illegal; discuss in short. (a) Evidence may be given of any fact. (b) A fact in issue is any fact arising in a case. (c) Oral evidence means any statement made by a witness. (d) Presumption of facts as raised in the various clauses of Section 114 of the Indian Evidence Act, 1872, is evidenced by itself. (e) The court can presume that the originator of an electronic message was the person who sent the message to the addressee.

What is a chance witness, what should be the court’s approach to the testimony of such a witness and whether the conduct of such a witness subsequent to the incident in question can be taken into consideration by the court ? Analyse with reference to Supreme Court judgments.

In a dowry death case, the key prosecution witness was not confronted with his written statement, recorded by the Police under Section 161 Cr. P. C. His statement marked for the purpose of contradiction, was not read out to the Investigating Officer. Discuss, with reference to relevant Supreme Court judgments, whether the court can look into the written statement of the witness for discrediting his testimony and the prosecution version ?

(a) The term “hostile”, “adverse”, or “unfavourable” witnesses are alien to the Indian Evidence Act, since they are all terms of English law. State the difference(s), if any, between the Indian and English law in terms of Sections 154 and 155 of the Indian Evidence Act, 1872. (b) Under the Indian Evidence Act, 1872, what is the difference, if any, between taking judicial notice of facts under Sections 57 and 56, on the one hand, and presumption by the court of the existence of certain facts under Section 114?