Rajasthan Judicial service District Judge Promotional Law Paper-I 2011 Question Paper

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Rajasthan Judicial service District Judge Promotional Law Paper-I 2011 Question Paper


Time : 2.00 Hours                  Maximum Marks : 120

Part A

Each question carries 1 mark (total marks for this part are 20)

1. Article 323-A of the Constitution of India empowers the Parliament to set up by law:
(A) Tribunals to resolve any dispute between two States
(B) Tribunals to adjudicate the matters relating to any tax
(C) Administrative Tribunals
(D) Tribunals to adjudicate industrial and labour disputes

2. Under which Article of the Constitution of India it is provided that ail the proceedings of the Supreme Court of India and in every High Court shall be in English language:
(A) 244
(B) 356
(C) 348
(D) 350

3. A petition for Special Leave to Appeal is filed in the Supreme Court of India under:
(A) Article 132 of the Constitution of India
(B) Article 134 of the Constitution of India
(C) Article 136 of the Constitution of India
(D) Article 14 of the Constitution of India

4. Under the Code of Civil Procedure, an appeal shall lie from which of the following orders?
(A) an order under Section 35
(B) an order under Section 35A
(C) an order under Section 35B
(D) none of the above

5. Under the Limitation Act, 1963, the period of limitation of twelve years for filing a suit by a Hindu governed by Mitakshara law to set aside his father’s alienation of ancestral property begins to run from the time:
(A) when the alienee takes possession of the property
(B) when alienation is made
(C) when the notice for filing suit is served
(D) when the notice for partition is served

6. Under the Rajasthan Court Fees and Suits Valuation Act, 1961, in any suit in which separate and distinct reliefs are sought based on the same cause of action, the plaint is chargeable with:
(A) a fee on the value of main relief
(B) highest of the fees leviable on the reliefs
(C) a fee on the aggregate value of all the reliefs
(D) fixed fees as per Schedule-II

7. Under the General Rules (Civil), 1986, the record of an original civil suit is arranged in four parts. The copy of any judgment and decree passed in appeal is placed in such record in:
(A) Part-A
(B) Part-B
(C) Part-C
(D) Part-D

8. Where there are co-sureties, a release by the creditor of one of them:
(A) does not discharge the others
(B) discharges the others
(C) is void
(D) is invalid

9. The power to appoint the sole arbitrator in international commercial arbitration is with:
(A) the Chief Justice of India or his designate
(B) the Chief Justice of High Court or his designate
(C) the High Court of the State
(D) International Arbitral Tribunal

10. Which of the following adoptions is not valid under the Hindu Adoptions & Maintenance Act, 1956?
(A) Adoption by a Hindu widow without authority from her deceased husband
(B) Adoption by an unmarried Hindu woman
(C) Adoption by a male Hindu without the consent of his living wife
(D) Adoption by a male Hindu without the consent of his living child

11. Under the Muslim Law, which of the following is not essential to the validity of a gift?
(A) making gift by way of a written instrument
(B) a declaration of gift by the donor
(C) an acceptance of the gift by or on behalf of the donee
(D) delivery of possession

12. Under the Rajasthan Panchayati Raj Act, 1994, special tax for community service may be imposed by:
(A) Panchayat
(B) Panchayat Samiti
(C) Zila Parishad
(D) None of the above

13. At least how many meetings of a Gram Sabha constituted as per Section 8-A of the Rajasthan Panchayati Raj Act, 1994 are to be held in a year:
(A) two
(B) three
(C) one
(D) four

14. The Rajasthan Panchayati Raj (Election) Rules, 1994 are framed by:
(A) the State Government
(B) the State Election Commission
(C) the High Court
(D) the Zila Parishad

15. Under the Rajasthan Municipalities Act, 2009, unless sooner dissolved, every Municipality shall continue for a term of five years from the date,
(A) appointed for its first meeting
(B) of declaration of the result of election
(C) appointed by the State Government
(D) appointed by the State Election Commission
16. When the settlement operations in any area are closed by notification under Section 142 of the Rajasthan Land Revenue Act, all applications then pending before the Settlement Officer shall, unless a permanent Settlement Officer shall have been appointed for such area, be:
(A) transferred to the Collector
(B) transferred to the Tehsildar
(C) adjourned sine die
(D) dismissed

17. The authority competent under Rajasthan Tenancy Act, 1955 to decide a dispute about ownership of a tree and a right to remove it is:
(A) Patwari
(B) Sadar Kanungo
(C) Tehsildar
(D) Sub-Divisional Officer

18. Under the Rajasthan Municipalities Act, 2009, the power to make rules for prescribing the manner of allotment of seats reserved for members of Scheduled Castes, Scheduled Tribes, the Backward Classes or for women is given to:
(A) the State Government
(B) the concerned Municipality
(C) the Chief Municipal Officer
(D) the State Election Commission

19. A, a tradesman leaves goods at B’s house by mistake. B uses the goods as his own. He is:
(A) bound to pay for the goods to A
(B) bound to inform A
(C) bound to deliver similar goods to A
(D) none of the above

20. Where an offence under the Environment (Protection) Act, 1986 has been committed by a Department of Government, who shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly?
(A) the Officer In charge
(B) the Head of the Department
(C) the officer who has received notice
(D) none of the above


1. Write Short Notes on:
(Answer any five – each carries 4 marks – answer should not exceed 75 words)
(i) “Duties of tenant and landlord” under the Rajasthan Rent Control Act.
(ii) Definition of “Public Officer” in the Code of Civil Procedure
(iii) “Agreements in restraint of trade”
(iv) “dissolution of marriage by agreement”
(v) “Municipal property”
(vi) “Acquisition of Easements by prescription”
(vii) “Discharge of Torts”
(viii) “Reopening of partition”

2. Explain the difference between:
(Answer any four – each carries 5 marks – answer should not exceed 100 words)
(i) “mesne profits of property” and “profits of business”
(ii) “patent” and “copyright”
(iii) “slander” and “libel”
(iv) “Void Marriage” and “Voidable Marriage”
(v) “Malicious Falsehood” and “Negligent Misstatement”
(vi) “Arbitration” and “Conciliation”
(vii) “Surety” and “Garnishee”
(viii) “transfer by true owner “ and “transfer by ostensible owner

3. “Right to Equality” is a golden thread in the fabric of the Constitution of India; but this right too is having exceptions.
Discuss the exceptions of the right to equality in the Constitution of India


As per Article 310 of the Constitution of India, every person who is member of civil service of a State or holds any civil post under a State, holds office during the pleasure of the Governor of the State.
Discuss the restrictions to the provision aforesaid.

4. Discuss and explain the difference in the nature and scope of the liability without fault under Section 140 and Section 163-A of the Motor Vehicles Act, 1988.


Explain the principles propounded by the Hon’ble Supreme Court in the case of United India Insurance Company Limited Versus Shila Dutta ; (2011)10 SCC 509 in regard to the rights of an insurer of the vehicle in the claim for compensation made under the Motor Vehicles Act,1988.

5. What disabilities affect a Muslim in inheriting property according to Shia and Sunni laws? Discuss.


Explain the important changes brought about by the Hindu Succession (Amendment) Act, 2005 in the principal enactment

6. The plaintiff has filed a suit in the Civil Court against her husband while alleging the acts of domestic violence against her by the defendant and has, inter alia, prayed for restrain order against the defendant-husband from dispossessing her from the house.
The defendant-husband has prayed for rejection of the plaint by moving an application under Order VII Rule 11 of the Code of Civil Procedure on the grounds that the suit is barred by law and in this case, the plaintiff-wife ought to have filed a complaint before the Magistrate under Section 18 of the Protection of Women from Domestic Violence Act.
The plaintiff opposes this application while contending that this suit is maintainable as per Section 26 of the said Act.
Draw an order with reasons on the application made by the defendant.

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