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

Looking for Judicial Services Coaching?

You have come to the right place! We offer comprehensive online and postal study material for the Judicial Services exam for various states in India

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

             

Time : 2.00 Hours                  Maximum Marks : 120
Part A

1. Translate the following passage in English. (15 marks)
Click here for the question

2. Translate the following passage in Hindi. (15 marks)
In reading any judgment you must consider: what is the judge’s objective, and what means for achieving this is he proposing? His objective is to persuade you that his decision is justified; the method he uses is advocacy, just as much as those who appear before him. His argument appeals to the mind, to reason, to the senses and to emotion, to gain direction of your will. Ultimately the effect of the judgment will turn on whether or not you accept his argument.
In the nature of practical things men have to be persuaded to think and act in ascertain way. The person who reads intelligently and knows basic terms, propositions and arguments,’ will always be able to detect oratory and to spot passages that make an emotive or over-elaborate use of words. You yourself will look for reasoning, and assess whether it is either good or not, in relation to the material facts.
For the purpose of ‘fair criticism we need to consider, in broad terms, the questions, what does the judge want to prove? Whom does he want to convince? what special knowledge does he assume? what special language does he yse? Does he really know what he is talking about – enough to give a fair and balanced view of the situation? we recognize that a judge cannot suppose, guess, .hypothecate or estimate except under very carefully controlled circumstances, we are therefore entitled, to investigate his assumptions, starting from the position that there may always be a doubt whether they are reasonable or not, particularly in circumstances where historical facts prove elusive; or where there has been a condensation of the detailed evidence or information provided in the judgment, such that it is possible to argue what has been left out becomes critical.

Part – B

1. Write the precis of the following passage in Hindi with a suitable title.

2. Write the precis of the following passage in English with a suitable title.
The right to cross-examine belongs to an “adverse” party and a person who is not an “adverse” party should not be allowed to intervene in the proceedings and to take part in the cross-examination of the witnesses, when ‘two or more persons are tried on the same indictment and are separately defended, any witness called by. one of them may be cross- examined on behalf of the others, if he gives testimony tending to criminate them. The counsel, too, for the other prisoner’s are entitled in such case to rely upon his evidence.
A defendant may cross-examine a co-defendant or any other witness who has given evidence against him, and rely on such evidence, though there is no issue joined between them. And the same right exists between the respondent ‘and co-respondent in divorce case. The right of one accused or ^defendant- to cross-examine a witness produced by a co-accused or a co-defendant is based on the assumption that all evidence taken whether in examination-in-chief or in cross- examination, is common, and open to all the parties. Therefore, if evidence given by one party may be used for or against another party, the latter must have a right to cross-examine, where the defences of a co-respondent or co-defendant and the respondent or the defendant are identical, neither is entitled to cross- examine the other. It is only where the evidence of a co-defendant or a co-respondent is adverse to the defendant or the respondent that the defendant or respondent has the right to cross-examine, where some defendants support the plaintiff’s case, and others oppose it, the former should be ordered to cross- examine the plaintiff’s witness first, where the same witness is cross-examined on behalf of different parties and during the course of it he makes a statement damaging to the case of one of the parties who had already cross-examined him, the latter party 1s entitled to cross-examine the witness with reference to the statement so made.
In the trial of warrant cases, the accused after the charge has been read and explained, has the right to recall prosecution witnesses and to further cross- examine them, and he is entitled to do so even if he has entered on his defence, unless the Court considers that the purpose of the application to recall the prosecution witnesses at such a late stage is to vex, or to defeat or delay the ends of justice.

Looking for Judicial Services Coaching?

You have come to the right place! We offer comprehensive online and postal study material for the Judicial Services exam for various states in India