Rajasthan Judicial Service Main Exam Short and Long Questions and Answers!
PART-A
Q.1. Can Parliament make a law which has extra territorial operation? Whether validity of such law can be questioned?
Ans. Parliament can make a law which has extra territorial operation. Validity of such law can be questioned before a competent Court. [Articles 137 and 246, Constitution of India]
Q.2. What are the elements of a “representative suit” under the Code of Civil Procedure, 1908?
Ans. Where a suit is instituted by one or more persons on behalf of all or numerous persons having the same interest in one suit, it is called “representative suit”. [Order 1, Rule 8, Civil Procedure Code, 1908]
Q.3. A minor who was admitted to the benefits of partnership in a firm, became major. He did not give public notice of his election within the prescribed time. What will be the consequences of this failure under the Indian Partnership Act, 1932?
Ans. If such minor who did not give public notice of his election within the prescribed time after becoming major, then, on expiration of the aforesaid period of six months, he will become the partner of that firm. [Section 30(5), Proviso, Indian Partnership Act, 1932]
Q.4. What is “Continuous easement” under the Indian Easement Act, 1882?
Ans. “Continuous easement” is one whose enjoyment is, or may be, continual without the act of man. [Section 5, Indian Easements Act, 1882]
Q.5. What is a “limited period tenancy” under the Rajasthan Rent Control Act, 2001?
Ans. A landlord may let out the premises for residential purposes for a limited period not exceeding three years. [Section 8, Rajasthan Rent Control Act, 2001]
Q.6. What is the purpose for which specific relief is granted under the Specific Relief Act, 1963?
Ans. The purpose for which the Specific Relief Act, 1963 has been legislated is to stop, prevent and restrain the breach of contracts and torts and to give effective legal remedy thereof. [Object and purpose of the Specific Relief Act, 1963]
Q.7. Which are the sub-sects of the Sunni Sect under Muslim Law?
Ans. Under the Muslim Law, sub-sects of the Sunni Sect are as under:—
(i) Hanafi;
(ii) Maliki;
(iii) Hanbali; and
(iv) Shefai. [Muslim Law]
Q.8. State briefly the law relating to exclusion of time in legal proceedings under the Limitation Act, 1963.
Ans. The time in the legal proceedings under the Limitation Act, 1963, may be excluded when:—
(i) The Courts are closed on the last date of instituting a suit;
(ii) The plaintiff is a minor;
(iii) The plaintiff is an insane or idiot;
(iv) Amongst several plaintiffs, one is legally disabled;
(v) Suit is against the trustees and their representatives;
(vi) Pre-sanction is necessary in Government suits;
(vii) Exclusion of time spent in bona fide legal proceedings in a Court having no jurisdiction;
(viii) Exclusion of time spent in legal proceedings;
(ix) Exclusion of time spent in an application filed to institute a suit in forma pauperis for obtaining permission to file the suit as such;
(x) Effect of fraud or mistake;
(xi) It is legally necessary to give a notice;
(xii) Effect of legally written acknowledgment;
(xiii) Defendant is out of India; and
(xiv) Person’s death on or before the accrual of right to bring a suit, etc. [Sections 4, 6, 8, 10 to 18, Limitation Act, 1963]
Q.9. Name the Act, enacted to provide for the delivery of certain services to the people of the State of Rajasthan by public authority within stipulated time-limits and for matters connected therewith and incidental thereto.
Ans. Rajasthan Guaranteed Delivery of Public Services Act, 2011.
Q.10. What does “complaint” mean under the Rajasthan Right of Hearing Act, 2012?
Ans. “Complaint” means any application made by a citizen or a group of citizens to a Public Hearing Officer for seeking any benefit or relief relating to any policy, programme or scheme run in the State by the State Government or the Central Government or in respect of failure or delay in providing such benefit or relief. [Section 2(a), Rajasthan Right to Hearing Act, 2012]
Q.11. What is composition of Panchayat Samiti under the Rajasthan Panchayati Raj Act, 1994?
Ans. A Panchayat Samiti shall consist of:—
(i) directly elected members from territorial constituencies;
(ii) members of the Legislative Assembly of the State representing such territorial constituencies;
(iii) chairpersons of all the Panchayats falling within the Panchayat Samiti;
(iv) elected members of the Panchayat Samiti shall choose two members respectively as Pradhan and Up-Pradhan; and
(v) Vikas Adhikari. [Sections 13, 28 and 55, Rajasthan Panchayati Raj Act, 1994]
Q.12. To whom the power of revision and review the record of a Panchayati Raj Institution and any order passed therein as per Section 97 of the Rajasthan Panchayati Raj Act, 1994 is available?
Ans. To the State Government. [Section 97, Rajasthan Panchayati Raj Act, 1994]
Q.13. What is the remedy available under the Rajasthan Municipalities Act, 2009 to challenge an order passed by the District Judge on the petition presented under Section 31 of the Act aforesaid?
Ans. An appeal shall lie to the High Court from an order made by the District Judge on the petition presented under Section 31 within 30 days from date of the order. [Section 32, Rajasthan Municipalities Act, 2009]
Q.14. What does the expression “judicial matter” means under the Rajasthan Land Revenue Act, 1956?
Ans. “Judicial matter” is that proceeding wherein the Revenue Courts/Officers determine the rights and liabilities of its parties, which includes orders, appeals, revisions and references. [Section 23 r/w. Schedule I, Rajasthan Land Revenue Act, 1956]
Q.15. Explain the maxim “res ipsa loquitur”?
Ans. The thing speaks of itself. E.g.—site-plan and site-report. [Indian Evidence Act, 1872]
Q.16. Whether second appeal can be preferred against an order passed in appeal under the Arbitration and Conciliation Act, 1996?
Ans. No. But nothing shall affect or end any right to prefer an appeal to the Supreme Court. [Section 37, Arbitration and Conciliation Act, 1996]
Q.17. In the absence of the District Judge an Additional District Judge, exercising powers of the District Judge passes an interim order. What is the position of such order-under the General Rules (Civil), 1986?
Ans. In the absence of the District Judge an Additional District Judge, exercising powers of the District Judge may pass any interim order in urgent civil cases’ files, which shall be put up before the District Judge for final order on his return. [Rule 20, General Rules (Civil), 1986]
Q.18. Which of the “abuses” are included within “domestic violence” under the Protection of Women from Domestic Violence Act, 2005?
Ans. For the purpose of “domestic violence”, the following “abuses” are included: — (i) Physical; (ii) Sexual; (iii) Verbal or Emotional; and (iv) Economic abuses. [Section 3, Protection of Women from Domestic Violence Act, 2005]
Q.19. Mention the consequences of violation of the essential conditions under Section 5 of the Hindu Marriage Act, 1955.
Ans. If a marriage has been solemnized in violation of the essential conditions of Section 5(i), (iv) and (v), it shall be null and void; if it is in violation of Section 5(ii), it shall be voidable; and in violation of Section 5(iii), it shall be valid. [Sections 5 r/w. 11 and 12′, Hindu Marriage Act, 1955]
Q.20. Examine validity of a marriage with a woman undergoing iddat.
Ans. A marriage with a woman undergoing iddat is Fasid (Irregular). (Muslim Law)
PART-B
Q.21. What is the law relating to performance of contract by joint promisors under the Indian Contract Act, 1872?
Ans. When two or more persons make a joint promise, the promise may, in the _______________
absence of express agreement to the contrary, compel any one or more of such promisors to perform the whole of the promise. [Section 43, Indian Contract Act, 1872]
Q.22. Explain the concept of “Precept” under the Code of Civil Procedure, 1908.
Ans. When upon the application of the decree-holder, the Court which passed the decree issues an order to any other competent Court to execute such decree by attaching any property belonging to the Judgment-debtor, it is called “precept”. [Section 46, Civil Procedure Code, 1908]
Q.23. What facilities are available under Rule 198 of the General Rules (Civil), 1986 to an indigent person under legal aid?
Ans. The person who has been provided with legal aid or his counsel shall be entitled to get copies of the following documents free of costs:—
(i) (a) Copies of documents filed with the plaint if such person is a defendant;
(b) Certified copies of pleadings, statements, documents, judgment, orders etc., may also be supplied free of cost on priority basis to the Legal Aid Committees of the Supreme Court, High Court or District Courts if any application may be received in this behalf.
(ii) If such person is a plaintiff, copies of documents, which are the basis of written- statement; and
(iii) The copies of other documents considered to be material or relevant by the Court.
The person who has been provided with legal aid or his counsel, shall be entitled to inspect record of the case free of charge according to the rules relating to the inspection of records. [Rule 198, General Rules (Civil), 1986]
Q.24. Explain the provisions relating to recovery of possession of a specific movable and immovable property under the Specific Relief Act, 1963.
Ans. I. Recovery of immovable property:—A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908.
If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
No suit under this section shall be brought:—
(a) after the expiry of six months from the date of dispossession; or
(b) against the Government.
II. Recovery of movable property:—A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. [Sections 5, 6 and 7, Specific Relief Act, 1963]
Q.25. “Limitation extinguishes the remedy, but not the right”. Explain the statement.
Ans. The period of limitation provided in the law of limitation prohibits to get the relief, but it does not mean that after expiry of the period of limitation, the plaintiff is not entitled to get that relief out of Court.
Example: – According to the law of limitation, even after the expiry of the limitation period. A will be a debtor of ‘B’. If ‘A’ repays the amount of his debt to ‘B’ out of Court, then, ‘B’ is definitely entitled to receive this amount, even though it is time-barred. ‘A’ is not entitled to get this amount back from ‘B’.
It is noteworthy that the law of limitation is only a procedural law, which can neither create rights and liabilities nor can it put an end of the same.
After expiry of limitation-period, it only ends relief through the Court.
Law of limitation only makes end of the relief through Courts by filing suits. If right of a person can be exercised through any mode otherwise than by filing a suit, then the law of limitation does not prohibit him to exercise his right.
Law of limitation only makes end to relief, but does not make end of the right. But the right of the person remains intact. [Limitation Act, 1963]
Q.26. Mention the significant changes introduced in the Hindu Succession Act, 1956 by way of the Hindu Succession (Amendment) Act, 2005.
Ans. (i) While substituting Section 6 of the Hindu Succession Act, 1956 in the Amendment Act of 2005, amending “devolution of interest in coparcenary property”, daughters were conferred with full rights and liabilities from their birth equal to sons.
(ii) By amendment of Section 30 of the Principal Act of 1955, in the Amendment Act of 2005, the following provisions were substituted —
Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus.
Explanation.—The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illiom, kutumba or kavaru shall, notwithstanding anything contained in this Act, or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this section.
(iii) Certain heirs were added by amendment in Class I heirs of the Schedule.
(iv) Section 4(2) of the Hindu Succession Act, 1956, which was relating to overriding effect of this Act, was omitted by the Amendment Act of 2005.
(v) Section 23 of the Hindu Succession Act, 1956 was regarding limited rights of partition of dwelling houses of female heirs, and Section 24 was regarding certain widows re-marrying not to inherit as widows. These provisions have been omitted by the Amendment Act of 2005.
Q.27. What do you understand by “cruelty by the husband” under the Dissolution of Muslim Marriage Act, 1939?
Ans. If the husband behaves with the wife mercilessly. Following acts of the husband come within the purview of “cruelty” — Husband often beats his wife; he compels his wife to lead immoral life; the husband remains in the company of notorious women, prohibits her to follow the religion; in case of husband having more than one wives he inter se behaves them discriminately; or he expends or disposes of her property etc. [Muslim Law]
Q.28. ‘A’ transfers his property to ‘B’ for life and thereafter to his unborn son for life. Whether transfer of property to unborn person is valid under the Transfer of Property Act, 1882? Explain with reason.
Ans. In this question, since no absolute and whole of the interest in the property has been transferred in favour of the unborn son and merely a life-interest has been created in his favour, therefore, no interest will be created for the benefit of the unborn person.
Under Section 5, Transfer of Property Act, 1882, transfer of property may be made by the living persons to the living persons. Whereas Section 13 is its exception.
No direct transfer of property may be effected in favour of an unborn child. Such transfer may be through a living person.
In such circumstances —
(i) The living person will get only life interest in that property;
(ii) Whereas the unborn child will get absolute and full interest in the property, and not merely life-interest; and
(iii) The birth of the unborn child should be before the death of the living person. [Section 13, Transfer of Property Act, 1882]
Q.29. A tenant has been illegally dispossessed by the landlord. Advise him about the remedy available under the Rajasthan Rent Control Act, 2001.
Ans. If any tenant is dispossessed by landlord from the rented premises without his consent otherwise than by due process of law, he may within thirty days from the date of knowledge of such dispossession, file a petition before the Rent Tribunal for restoration of possession thereof. [Section 11, Rajasthan Rent Control Act, 2001]
Q.30. As per Section 10 of the Rajasthan Rent Control Act, 2001, what are the rights of a landlord to recover immediate possession of a residential premises?
Ans. A landlord shall be entitled to recover immediate possession of a residential premises, and he has right to file a petition before the Rent Tribunal to get such relief, if he —
a. is or was a member of any armed forces or paramilitary forces of the Union and aforesaid petition is filed within one year prior to or subsequent to the date of retirement, release or discharge, or within a period of one year from the date of commencement of this Act, whichever is later;
b. is or was an employee of the Central Government or the State Government or local bodies or State owned corporations and files the aforesaid petition within a period of one year prior to or subsequent to the date of his retirement or within a period of one year from the date of commencement of this Act, whichever is later;
c. has become a senior citizen and files the aforesaid petition after the expiry of three years from the date of letting out of premises. [Section 10, Rajasthan Rent Control Act, 2001]
PART-C
Q.31. State the conditions under the Constitution of India where under Parliament has power to make laws on subjects given in the State List.
Ans. (1) In the interest of the nation, if the Council of States declares by resolution supported by not less than two-thirds of the members present and voting that it is expedient and necessary that Parliament should make laws regarding any matter of the State List, it shall be lawful for the Parliament to make laws while the resolution remains in force. [Article 249]
(2) Parliament shall, while Proclamation of Emergency is in operation, have power to make laws regarding any matter enumerated in the State List. [Article 250]
(3) The Parliament is empowered to legislate regarding any matter of the State List for two or more States by their consent. [Article 252]
(4) Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. [Article 253]
(5) Due to failure of the constitutional machinery in the States, if the President, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament. |Article 356]
In the aforesaid exceptional circumstances, the legislative power of the Union is extended and in consequence thereof, the Parliament of the Union gets power to legislate on the subject-matters of the List of State Legislature and the powers of the State Legislative Assembly to make the law is suspended.
Q.32. State the conditions under the Transfer of Property Act, 1882 where under a lease stands terminated.
Ans. According to Section 111, Transfer of Property Act, 1882, the determination of lease happens by the following modes:—
(1) By efflux of time-limit.
(2) On happening of the event, when it is limited on the condition of happening of a certain event.
(3) On happening of the event, when on the happening of a certain event the interest of the lessor is determined.
(4) When the interest of the lessor and the lessee in the whole of the property vested at the same time in one person in the same right
(5) By surrender
(6) By forfeiture
(7) By expiration of notice.
Q.33. Which are the provisions of the Indian Contract Act, where under “Quasi Contractual” relations are recognised?
Ans. In quasi contracts, although, technically, all the essential elements of a contract do not exit, yet keeping in view the liabilities accruing in the contracts due to special relations, they have been kept within the ambit of legally enforceable contracts just like ordinary contracts.
According to the Indian Contract Act, the following contracts have been kept within the category of quasi contracts:—
(1) Claim for necessaries supplied to person incapable of contracting, or on his account;
(2) Reimbursement of person paying money due by another, in payment of which he is interested;
(3) Obligation of person enjoying benefit of non-gratuitous act; Right to get the property back or receive compensation;
(4) Responsibility of finder of goods;
(5) Liability of person to whom money is paid, or thing delivered, by mistake or under coercion, must repay or return it.
(6) This right can only be enforced against certain specified persons. [Sections 68 to 72, Indian Contract Act, 1872]
Q.34. What are the provisions relating to compensation and monetary reliefs to the aggrieved person under the Protection of Women from Domestic Violence Act, 2005?
Ans. Under the Protection of Women from Domestic Violence Act, 2005, a Judicial Magistrate of the First-Class or a Metropolitan Magistrate, may pass, apart from several other orders, monetary order and compensation order also in favour of the aggrieved woman or victim person and against the respondent, which are described as under:—
Monetary reliefs.—The Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to the.—
(a) loss of earnings;
(b) medical expenses;
(c) loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) maintenance for the aggrieved person as well as her children.
The monetary reliefs should be reasonable and sufficient.
Compensation orders.—The Magistrate may on an application being made by the aggrieved person, pass on order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.
This compensation is in addition to punishment. [Section 20 and 22, Protection of Women from Domestic Violence Act, 2005]
Q.35. What are the features of an “interpleader suit”? Write a plaint for interpleader suit on imaginary facts.
Ans. Interpleader suit, in fact, is not a dispute between plaintiff and defendant, but it is a dispute between the defendants inter se, because they adversely plead against each other, whereas the plaintiff has no interest.
Where two or more persons claim adversely to one another the same debts, money or other movable or immovable property, from another person, who claims no interest therein, except charges or costs; there is no collusion between the parties; and the plaintiff is ready to pay or deliver it to the rightful claimant, such person may institute an interpleader suit against all the claimants.
When any other suit is pending from before wherein rights and liabilities of the parties may be adjudicated, then such suit cannot be filed. [Section 88 and Order 35, C.P.C., 1908]
Court of the…………….. Judge,………….. (Raj.)
Civil Original Case No……………/2014.
AB son of OP, by caste………. aged……….. years, resident of…………. Plaintiff
versus
(1) CD son of QR, by caste………….. aged………… years, resident of.
(2) EF son of ST, by caste…………….. aged……………. years, resident of………….Defendants.
Interpleader Suit
The plaintiff prays as under:—
(1) Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the property for [safe-keeping].
(2) The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.]
(3) The defendant E.F. also claims the same [under an order of G.H. transferring the same to him.]
(4) The plaintiff is ignorant of the respective rights of the defendants.
(5) He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.
(6) The suit is not brought by collusion with either of the defendants.
(7) That the cause of action accrued to the plaintiff on………………. (date), therefore, the suit is within limitation.
(8) That keeping in view territorial and financial facts, this suit is within the jurisdiction of this Honourable Court.
(9) That on the valuation of the suit amounting to Rs………….., Court-fee of Rs………… is being paid.
(10) It is therefore prayed by the plaintiff.—
(1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;
(2) that they be required to interplead together concerning their claims to the said property;
(3) that some person be authorised to receive the said property pending such litigation;
(4) that upon delivering the same to such person the plaintiff be discharged from all liability to either of the defendants in relation thereto.
sd/- sd/-
Advocate for the Plaintiff Plaintiff
Verification
I, plaintiff………………. S/o…………… aged…………… years, by caste………………. resident of…………………………. do hereby verify that paras Nos. 1 to 6 of the plaint are correct as per my personal knowledge and belief; and paras Nos. 7 to 9, which are based on legal advice, are also correct. Prayer too is correct.
Place……………. Sd/-
Date………. Plaintiff
Q.36. A suit was instituted for damages on the basis of defamation but the plaintiff failed to prove his case. On imaginary facts write a judgment in this matter.
Ans. Court of the District Judge, Jodhpur (Raj.)
Name of the Presiding Officer……………, R.H.J.S.
Civil Original Case No…………/2011.
‘B’ S/o………………, by caste…………..
aged…………………. resident of……………….. Jodhpur (Raj.). ………….. Plaintiff
versus
‘A’ S/o ………………. by caste……………., aged…………………., Editor, Publisher,
Distributor and Printer, “Dainik Prakash Punj”, Address………………., Jodhpur (Raj.). ………….. Defendant
Suit for Damages of Rs.5,25,000/- on the basis of Defamation.
Present:—
Shri……………., Advocate, for the plaintiff.
Shri……………., Advocate, for the defendant.
Dated…………. 2014.
On…………. (date) the plaintiff filed a suit against the defendant for recovery of damages of Rs.5,25,000/- based, on defamation. Brief facts pleaded in the plaint are that the plaintiff is a reputed businessman dealing in wholesale and retail ready-made garments, both for ladies and gents. Plaintiff is the sole-proprietor of firm M/s…………… His name and his firm’s name are famous in whole of Rajasthan and in the local market and people call him the King of readymade Garments. In his air-conditioned showroom, there are two underground separate dressing rooms for ladies and gents respectively to wear and take off the ready-made garments which they are intending to purchase. In his show-room, there remains crowd of customers. The defendant is a distributor, editor, publisher and printer of a daily newspaper, namely, “Dainik Prakash Punji” from Jodhpur (Raj.). On………. (date), ‘A’ defendant edited, printed, published, sold and distributed the following news against ‘B’ plaintiff on column……………of page………. of his aforesaid newspaper, which has been marked as Ex.P.1, (which was enclosed as Annexure-1 with the plaint). This newspaper is distributed in near about all of the Hindi-speaking provinces of India. Language of the relevant news is as under:—
“On……………… (date), the S.H.O. of Police-Station,……………… Jodhpur, produced accused ‘B’ for remand before the Judicial Magistrate of the First Class, Jodhpur, for Judicial Custody remand in a rape case punishable under Section 376, IPC. After hearing both the parties, the aforesaid Magistrate which granting the judicial custody remand, ordered to send accused ‘B’ behind the bars and lodged him in the Central Jail, Jodhpur.”
The plaintiff further pleaded that this news was false, wrong and defamatory, whose wide publication defamed the plaintiff. Due to his defamation, the plaintiff has claimed Rs.5,25,000/- as damages with costs of the suit from the defendant.
In his written-statement, the defendant admitted that he printed, edited, published and distributed the aforesaid news. But he further pleaded that he had published this news, for which he had right under Constitution. This news was quite true, bona fide and correct. He has not only the right, but duty also, to bring the crimes and their accused persons to the notice of the general public. Therefore, the suit of the plaintiff be dismissed with costs.
On the basis of pleadings of the parties, the following issues were framed:—
(1) Whether the defendant, by publishing false, wrong and defamatory news in his newspaper “Daily Prakash Punj” dated………….., defamed the plaintiff?
(Plaintiff)
(2) Whether the defendant had rightfully and truly published the news in question?
(Defendant)
(3) Relief.
Issue No. 1:—
Burden to prove this issue is on the plaintiff. P.W. 1 plaintiff ‘B’, in his cross-examination, has admitted this fact that on………… (date), the S.H.O., Police-Station . ………….. Jodhpur, produced the plaintiff for remand before the Judicial Magistrate of the First Class, Jodhpur, for Judicial custody remand in a rape case punishable under Section 376, IPC. P.W.I plaintiff ‘B’ further admitted that though he moved an application for bail before the Magistrate, but it was rejected. Then after hearing both the parties, judicial custody remand was granted for ‘B’ and he was ordered to be sent in the Central Jail, Jodhpur.
D.W. 2……… is Dean, Faculty of Law,……….. University, Jodhpur, whereas D.W. 3………… is a leading criminal. Lawyer of the Rajasthan High Court, who, in my opinion, are experts of law. Both of these witnesses clarified in their statements that grant of judicial custody remand and rejection of bail application of the accused mean that the accused ‘B’ (Plaintiff) was to be sent and lodged in the Central Jail, Jodhpur.
There is no prohibition for a newspaper to use idioms and phrases.
It is undisputed that the above news was edited, published and distributed by the defendant; and while granting judicial custody remand, plaintiff was ordered to be sent to the Central Jail, Jodhpur.
In my opinion, if any person is sent in Jail, though on “judicial custody remand”, it may be printed and published in the newspaper that the accused was sent behind the bars and lodged in the jail. To use the idiomatic language by media is quite lawful and constitutional, rather it makes the language more intelligible and interesting. It was never printed and published that the accused was convicted, sentenced and punished and sent to jail. In judicial custody remand the accused is definitely sent to jail, i.e., behind bars and lodged there.
Hence, it is concluded that the news in question was quite true and correct; and it was never baseless, incorrect, false, defamatory or exaggeration.
Therefore, this issue is decided in favour of the defendant and against the plaintiff.
Under Article 19 of the Indian Constitution, every citizen has been conferred with fundamental right of freedom of speech and expression, which includes “freedom of press”. No person can be prohibited to publish correct, true and bona fide news.
Consequently, this issue is decided in favour of the defendant and against the plaintiff.
Issue No. 3:—
Plaintiff has totally, failed to prove his case by his oral and documentary evidence. Therefore, suit of the plaintiff is dismissed with costs. Decree-sheet be prepared accordingly.
District Judge,…………….
Judgment signed and pronounced in the open
Court today the (date) sd /-
Seal of Court District Judge,………………
Q.37. Write short note on the following:—
(A) The concept of equality in the Constitution of India.
(B) Power of the High Courts to issue writs, directions and orders.
(C) The concept of separation of powers in the Constitution of India.
(D) The doctrine of pleasure and concept of reasonable opportunity of hearing in the Constitution of India.
Ans. (A) Concept of equality in the Constitution of India:—
In the Constitution of India, the concept of equality has been inspired mainly from “Rule of Law” of the English Constitution and partly from “due process of law” of the American Constitution.
Under Article 14 of our Constitution, the State shall not deny to any person equality before the law or the equal protection of the law within the territory of India.
The meaning of equal protection of the law is that in equal circumstances equal law shall be applicable to every person and he shall be behaved equally.
Within the territory of India no person shall be denied from equality before the law or equal protection of the law.
The term “Equal protection of the law” is sub-principle of “equality before the law”. They are co-related to each other and, in fact, both the terms have the same meaning.
For example: Legislation made for the benefit of the women, children, poor and members of Scheduled Castes/Tribes.
Fundamental right of equality includes:—
(1) Equality before the law and equal protection of the law (Article 14)
(2) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15)
(3) Equality of opportunity in matter of public employment (Article 16)
(4) Abolition of untouchability (Article 17)
(5) Abolition of titles (Article 18).
(B) Power of the High Courts to issue writs, directions and orders:—
Under Article 226 of the Constitution of India, notwithstanding anything in Article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including, in appropriate cases, any Government, within those territories, directions, orders, writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari or any of them for the enforcement of any of the rights conferred by Part III and for any other purposes.
Note:—In the Constitution of India, the following five categories of writs have been described:—
(1) Habeas Corpus.—Its object is to enquire into the matter relating to illegal detention and to release such detained person immediately. Such writ may be issued against the authority and also the private person. Such writ-petition may be presented by the friend, relative or social-service institution/worker.
It is not necessary that the detained person should be presented in the Court, when there is apprehension of absconding or abduction of that person. It is sufficient to explain as to why the person was detained and/or convicted. (Kanu Sanyal vs. State/District Magistrate, (1974).
(2) Mandamus.—The object of this writ is to compel a public authority to perform his public duty and to stop the unlawful acts. This writ cannot be issued against the private persons and institutions for compelling them to perform their duties.
Such writ cannot be issued against any public authority compelling him to do his discretionary act, e.g., he cannot be compelled to increase the dearness allowance.
Apart from the affected persons, such writ may be presented by a social-service institution also, which includes public interest petition.
(3) Prohibition.—When a subordinate Court has been trying or hearing any matter beyond its jurisdiction, then by issuing such writ, further proceeding of the matter is stayed.
(4) Certiorari.—When judgments are passed by the subordinate Courts beyond their jurisdiction, error of law is committed, or the principles of natural justice are not followed, then such errors are corrected. After calling the matter from the subordinate Courts, in which they have allegedly committed errors of law or judicial mistakes in their judgments, then, with the object to correct such mistakes, after due hearing of the matter, such writ may be issued.
(5) Quo warranto.—Its object is that the person, who is unlawfully holding a certain public office, be asked as to by which authority or on what ground he has been holding certain office? Such petition may be filed by the affected person or the institution.
(C) The Concept of Separation of Powers in the Constitution of India:—
In the eighteen century, for the concept of separation of powers, main credit goes to Mentesque, whose impact was on the formation of the American Constitution.
The object of this concept is that the functions and powers of the Legislature, the Executive and the Judiciary of the Country/State should be kept separate from each other.
The main object of its principle is that if all the aforesaid powers are conferred to a sole or single body of the State, then it will be a monopolist and it will adversely affect the personal freedom. In India also, this principle has been followed. Here, the Executive power vests in the President of India and in the Provinces/States, Governors have been empowered with Executive power; the Parliament has been empowered with the Legislative powers and in the same way the Provincial Legislative Assemblies have also been empowered to exercise the Legislative powers; and the Judicial Power vests in the Supreme Court, High Courts and their subordinate Courts.
In the aforesaid three wings, there are separate persons. By such separation, there remains mutual, “check and balance” and it controls and prevents arbitrariness. In India, free and impartial Judiciary is considered to be a special feature of our constitution, because here the principle of separation of powers has been adopted.
(D) (i) Doctrine of Pleasure:—
Every person who is a member of Defence Service or a member of Civil Service of the Union or all-India Service holds his post as per pleasure of the President of India.
Every person who is a member of Civil Service of the State holds his post as per pleasure of the Governor of that State.
The doctrine of pleasure is checked and governed by Article 311 of the Constitution of India.
(ii) Concept of reasonable opportunity of hearing:—
The Concept of reasonable opportunity of hearing is a subject-matter of administrative law and constitutional law. It is a main principle of natural justice that before initiating any proceeding or inflicting any punishment to the person concerned, he should be provided with “reasonable opportunity of hearing”. Before his hearing, the person concerned should be served with notice and given show-cause-notice; and then his statement should be recorded and he or his representative should be given reasonable opportunity of producing evidence in his defence and also reasonable opportunity of hearing.
Under Article 311 of the Indian Constitution, the affected person should be given reasonable opportunity so that he may deny the charge or plead not guilty and may prove himself to be innocent. Under this right, in the defence, production of evidence/documents, submission of reply, cross-examination of witnesses etc. before the competent Officer/Court/Tribunal/Authority, and advancing of arguments are included.
If the principles of this doctrine are not complied with, then the relevant order may be set aside.