Rajasthan Judicial Service Model Interview Questions and Answers!
PART – ‘A’
Q.1. What do you understand by “mesne profits”?
Ans. Profits and interest received by a person in wrongful possession of certain property are called ‘mesne profits’. [Section 2 (12), Civil Procedure Code, 1908]
Q.2. What is meant by “ex-parte”?
Ans. In spite of due service of summons on the defendant, he does not appear in the Court, then in his absence, the plaintiff is heard. [Order 9, Civil Procedure Code, 1908]
Q.3. What is difference between decree and order?
Ans. Decree:
1. Passed only in suits.
2. Final adjudication of rights and liabilities.
3. Every order is not appealable.
4. Only one decree (final or preliminary) may be passed in a suit.
5. Second appeal may lie. [Sec. 2(2), Civil Procedure Code, 1908]
Order:
1. Passed in suits and also in other legal proceedings.
2. May or may not be final adjudication of rights and liabilities.
3. Every decree is appealable.
4. Several orders may be passed in a suit.
5. No second appeal lies. [Sec. 2(14), Civil Procedure Code, 1908]
Q.4. What do you understand by “caveat”?
Ans. When an application is expected to be made or has been made in a suit/proceeding, or to be instituted in Court, any person claiming right to be heard, may lodge a “caveat”. [Section 148-A, Civil Procedure Code, 1908]
Q.5. What is difference between next friend and guardian ad litem?
Ans. Minor or insane plaintiff will bring the suit through his next friend, whereas, such defendant will defend it through his guardian ad litem. [Order 32 Rules 1 and 3, Civil Procedure Code, 1908]
Q.6. Narrate two consequences resulting from breach of a temporary injunction.
Ans. In case of disobedience or breach of temporary injunction, guilty person’s property may be attached; or (ii) he may be detained in civil prison upto three months. [Order 39 Rule 2-A, Civil Procedure Code, 1908]
Q.7. What is meant by “fast track Court”?
Ans. While exercising the same jurisdiction to which class the Court belongs, it is expected to dispose of more cases in comparison to other ordinary Courts.
Q.9. What is “abatement of suit”?
Ans. When, on the death of a party, there remains no right to sue, it is called abatement of suit. [Order 22 Rule 1, Civil Procedure Code, 1908]
Q.10. What language is used in the summons being sent to the defendant?
Ans. Language of the Court, i.e., Hindi, English or local language.
Language of the summons will be as may be prescribed by rules in force in that State. [Section 28, Civil Procedure Code, 1908]
Q.11. What do you understand by “standard rent”?
Ans. Rent of premises, which is fixed by any authority under the Rent Control Law for the time being in force. [Rajasthan Rent Control Act, 2001]
Q.12. What is the provision relating to powers of the Court to fulfill the deficiency of the court-Fees?
Ans. Where prescribed legal court-fees for any document has not been paid wholly or partly as per prevalent law, the Court may, in its discretion, at any stage, allow the concerned party to pay the requisite court-fees. On such payment, it shall have the same effect and force as if it had been paid in the first instance. [Section 149, Civil Procedure Code, 1908]
Q.13. Whether a foreign child may be adopted by a citizen of India?
Ans. A foreign Hindu child may be adopted by a Hindu citizen of India. [Hindu Law]
Q.14. In what circumstances, a Court can exercise its pecuniary jurisdiction?
Ans. Save as is otherwise expressly provided, nothing shall give any Court jurisdiction over the limits of its ordinary pecuniary jurisdiction. [Section 6, Civil Procedure Code, 1908]
Q.15. What is difference between tort and crime?
Ans. Tort:
1. Plaintiff is awarded damages/compensation.
2. Tort is against a person or group thereof.
3. Suit is filed in a civil Court by the aggrieved person.
4. Amount of the compensation is given to the injured/aggrieved person.
Crime:
1. Punishment is inflicted on accused.
2. Crime is against the society as a whole.
3. Prosecution is initiated in a criminal Court by the State.
4. Amount of fine is deposited in the Government treasury. [Law of Torts]
Part ‘B’
Q.16. What do you understand by “Sapinda relationship”?
Ans. “Sapinda relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned who is to be counted as the first generation. [Section 3(0, Hindu Marriage Act, 1955]
Marriage may be solemmized between any two Hindus if the parties are not “Sapindas” of each other, unless custom and usage of both parties to marriage permit it. [Section 5 (v), Hindu Marriage Act, 1955]
Q.17. What is meant by “Iddat’?
Ans. “Iddat’ is such intervening period upto which a divorced or widow Muslim woman is bound to wait before marrying with any other man.
The object of Iddat is to ascertain whether the woman is pregnant or not; and to get rid of the suspicion which might arise regarding paternity of the child who born after dissolution of the marriage.
Iddat is such a period, completion of which makes the new marriage valid.-Justice Mehmood. [Muslim Law]
Q.18. Narrate the representative/vicarious liability of the Government/State.
Ans. General Principle of law is that a person is liable for his own acts. But there are certain exceptions, under which a person is held vicariously liable for the acts of other persons. The master is vicariously liable for the torts of his servants committed during the course of his employment. If the acts of the servants do not come within the ambit of ‘sovereign act of the State’, the Government/State will be held vicariously liable for the acts of its servants just like other ordinary master or employer. [Law of Torts]
Q.19. What is difference between reference and review?
Ans. Reference:
1. Reference can only be made when case is pending in subordinate Court.
2. Reference is always made to the High Court.
3. In reference, opinion is sought as to the validity of any provision of law. [Sec. 113, Civil Procedure Code, 1908]
Review:
1. Review can only be made after deciding the case.
2. Review is always made by that very Court which had passed decree, judgment or order.
3. Review is made to correct the mistakes relating to fact or procedure. [Sec. 114, Civil Procedure Code, 1908]
Q.20. What do you understood by “Shikmi”?
Ans. “Shikmi”, i.e., a “Sub-tenant” shall mean a person in any part of the State by whatever name designated, who holds agricultural land from the tenant thereof including a Malik or a tenant holding from a land owner and by whom rent is or but for a contract, express or implied, would be, payable.
It means that the land and rights over land do not belong to him in original. [Section 5 (41), Rajasthan Tenancy Act, 1955]
Q.21. What is difference between ‘lease’ and ‘licence’?
Ans. Lease:
1. ‘Lease is defined under section 105, Transfer of Property Act, 1882.
2. Period is necessary.
3. If its period is one year or more, its registration is compulsory.
4. Its termination can be according to Section 111, Transfer of Property Act, 1882. [Sec. 105, Transfer of Property Act, 1882]
Licence:
1. ‘Licence’ is defined under Section 52, Indian Easement Act, 1882.
2. Period is not necessary.
3. Registration is not compulsory.
4. It may be terminated at any time. [Section 52, Indian Easement Act, 1882]
Q.22. Explain the doctrine of part-performance?
Ans. When any person contracts to transfer his immoveable property for consideration to any person by writing signed by him, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract, then the transferor shall be debarred from enforcing right against transferee or file a suit on the ground of non-registration of deed etc.
Provided nothing shall affect the right of a transferee for consideration who has no notice of the contract of the part-performance thereof. [Section 53-A, Transfer of Property Act, 1882]
Q.23. What is meant by “duty to take care”?
Ans. In a suit under law of torts regarding ‘negligence’, it is incumbent on the plaintiff to prove (together with other points) that the defendant had ‘duty to care’, and it was a case of breach of such duty by the defendant. If the defendant committed breach of legal duty, then only plaintiff can initiate legal proceedings against him. The defendant can only be held liable when, in the same circumstances, an ordinary prudent man could have reasonably foreseen the likely injury. If the defendant takes care as an ordinary prudent man, he does not commit breach of duty. [Law of Torts]
Q.24. When an application for permanent alimony may be made?
Ans. Application for permanent alimony or maintenance may be made before the competent Court by the wife or husband against the respondent claiming gross sum or monthly/periodical sum. While considering the income, conduct and other property of the parties and circumstances of the case, the Court may, on such application, pass appropriate order at the time of passing any decree or at any time subsequent thereto.
If the Court is satisfied as to change of circumstances (eg., re-marriage or extramarital sexual intercourse etc.), at the instance of either party, it may vary, modify or rescind its order. [Section 25, Hindu Marriage Act, 1955]
Q.25. Where petitions relating to the marriage among Hindu shall be presented?
Ans. Such petition shall be presented to the District Court (or family Court, where such Court has been established) within local limits of its ordinary original civil jurisdiction—
(i) marriage was solemnized; or
(ii) residence of respondent at the time of presentation of the petition; or
(iii) parties to the marriage last resided together; or
(iv) in case wife is petitioner, her residence at the time of presentation of petition; or
(v) the petitioner is residing at the time of presentation of petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends or has not been heard of as being alive for seven years or more by those persons who would naturally have heard of him if he were alive. [Section 19, Hindu Marriage Act, 1955]
Part ‘C’
Q.26. When amendment of pleadings may be made?
Ans. Before its judgment, the Court may allow amendment of the pleadings.
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
The Court may allow any amendment of the pleadings before its judgment, if:
(1) such amendment does not change the basic nature of the suit;
(2) such amendment is just and necessary;
(3) it has not been sought only with the object to delay the disposal of the case;
(4) it stops the multiplicity of proceedings;
(5) such amendment is necessary for the purpose of determining the real questions in controversy between the parties; and
(6) the delay may be compensated by awarding the costs. [Order 6 Rule 17, Civil Procedure Code, 1908]
Q.27. Explain various modes of service of summons, which may be adopted by the Courts?
Ans. It is an order made by the Court directing a person to appear before such Court.
Modes of service of summons are as under:
(1) Personal or direct service.
(2) Service on agent or any adult member of the family, who is residing with him.
(3) Service by affixing a copy of summons on some conspicuous part of the house.
(4) Service by post or by such courier service approved by the High Court; by Fax or Email.
Since, a servant is not considered to be a member of the family, service on him is not a sufficient legal service.
(5) Substituted service—Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof on some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.
Where the Court orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain. [Order 5 Rules 9 to 20, Civil Procedure Code, 1908]
Q.28. A Muslim husband, in an intoxicated state, gives divorce to his wife by utterance of “Talaq” three times. Then, seven days thereafter, he marries her again. Describe the validity of such marriage.
Ans. Ordinarily, when the dissolution of marriage is made by a Muslim husband, it is called “Talaq”, which can be oral or by a written Talaqnama. A sane and major person can give Talaq to his wife.
But, a Muslim husband, even in an intoxicated state, by uttering word “Talaq” three times, may give divorce to his wife, if it has been done voluntarily by him. From that very moment, the “Talaq” is irrevocable and effective.
Under the Muslim Law, after seven days of the Talaq, if the very husband marries again the same woman, this act cannot be said to be a valid re-marriage.
After “Talaq”, a divorced wife can only re-marry “another person” after expiry of the period of “Iddat”. Then, that woman, after obtaining “Talaq” from that ‘another person’ and then after completing the ‘Iddat’ period of that marriage, can only re-marry her former husband.
In a matter relating to right of re-marriage after ‘ Talaq’ between both the parties, the Privy Council, in Rasheed Ahmed vs. Anisha Khatoon, AIR 1932 P.C. 25, laid down that there cannot be re-marriage between both the parties after their ‘Talaq’. Even if both the parties want to re-marry then it is necessary that the wife should first marry another man and then obtain “Talaq” from him. [Muslim Law]
Q.29. Under the Right to Information Act, 2005, by whom, how and what type of information may be obtained?
Ans. Under Section 3, Right to Information Act, 2005, all citizens shall have the right to information.
According to Section 2 (f), “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public “authority under any other law for the time being in force.
Under Section 6 of the Act, a person, desirous to obtain any information, shall make a written request or through electronic means in English or Hindi or in the official language of the area, accompanying the prescribed fee, to the Central Public Information Officer or State Public Information Officer; or the Central Assistant Public Information Officer or the State Assistant Public Officer, as the case may be.
Under Section 8, such officer shall not be bound to give the following information to any citizen, when it pertains to—
(i) sovereignty and integrity of India, security, strategic, scientific or economic interests of the State, relations with foreign State or leading to incitement of an offence;
(ii) expressly forbidden to be published by any Court or whose disclosure may constitute contempt of Court;
(iii) privileges of the Parliament or the Legislative Assemblies;
(iv) human life and safety;
(v) process of investigation or prosecution of offenders;
(vi) cabinet papers, etc;
(vii) personal and fiduciary relationship involving larger public interests; and
(viii) commercial and trade secrets in the larger social interests.
[Sections 2(f), 3, 6 and 8, Right to Information Act, 2005]
Q.30. While defining “void agreement” and “voidable agreement”, distinguish between them, with examples.
Ans. An agreement not enforceable by law is said to be void.
Example: An agreement entered into by a minor person comes within the ambit of a “void agreement”.
Whereas, an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other party or parties, is a “voidable contract”.
If the consent for a contract has been caused by coercion, undue influence, fraud or misrepresentation, it is voidable at the option of that party whose consent was obtained by those modes.
Example – ‘A’, intending to deceive ‘B’, falsely represents that 500 mounds of indigo are made annually at A’s factory, and thereby induces ‘B’ to buy the factory. The contract is voidable at the opinion of ‘B’.
Void Contract:
1. Void contract is ab initio void and ineffective from its very beginning.
2. It is not necessary to get it declared void by the Court by filing a suit, because it is void ab initio.
3. If after a contract, any act becomes illegal or impossible, the contract automatically becomes void.
Voidable Contract:
1. Voidable contract remains valid till it is declared void by the Court.
2. Voidable contract becomes void when the aggrieved party gets it declared to be void by filing a suit in the Court.
3. Without order of the Court, a voidable contract does not automatically become void.
[Sections 2(g), 2(i), 19, 19-A and 56, Indian Contract Act, 1872]
Q.31. Which are the various consumer disputes redressal agencies under the Consumer Protection Act? Where appeals may be preferred?
Ans. Under the Consumer Protection Act, 1986, the following agencies shall be established for redressal of consumer disputes:
(a) a Consumer Disputes Redressal Forum to be known as the “District Forum” established by the State Government in each distinct of the State by notification. Provided that the State Government may, establish more than one District Forum in a district;
(b) a Consumer Disputes Redressal Commission to be known as the “State Commission” established by the State Government in the State by notification; and
(c) a “National Consumer Disputes Redressal Commission” established by the Central Government by notification.
From the judgments/orders of the District Forums, appeals shall be preferred to the State Commission; and from the judgments/orders of State Commissions, appeals shall lie before the National Commission. [Sections 9 and 19, Consumer Protection Act, 1986]
Q.32. Define “actionable claims”. How are they transferred?
Ans. “Actionable claim” means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.
In other words, “actionable claim” is an unsecured debt or a claim of beneficial interest in movable property, which is not in possession of the claimant, and for which the Civil Courts recognise as affording grounds for relief.
The transfer of an actionable claim, whether with or without consideration, shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee whether such notice of the transfer be given or not.
The transferee of an actionable claim may, upon the aforesaid execution of such instrument, sue or institute proceedings in his own name, without obtaining the transferor’s consent to such suit or proceeding, without making him a party thereto. [Sections 3 and 130, Transfer of Property Act, 1882]