Rajasthan Judicial Service Main Exam Short and Long Questions and Answers

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Rajasthan Judicial
Service Main Exam
Short and Long
Questions and
Answers
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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]
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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]

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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
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(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;

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(vi) Pre-sanction is necessary in

Government suits;

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(vii) Exclusion of time spent in bona

fide legal proceedings in a Court
having
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(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.
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Q.10.By clicking
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“complaint”
mean under the Rajasthan Right
of Hearing
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Accept
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]

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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;
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Legislative
Assembly
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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
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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”
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to the use 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.
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performance
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by joint
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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.
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legal aid or his
counsel shall
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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
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you consent
possession
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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
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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
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to the
relief, but does not make end of the
right. But Accept
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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
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property or the interest of a to
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member
of a tarwad, tavazhi, illom, kutumba
or kavaru Accept
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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.
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wife mercilessly. Following acts of the
husband come
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“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.
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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,
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Q.30. As per Section 10 of the
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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. hasonbecome
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files the aforesaid petition after the to the use of ALL the cookies.
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)
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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
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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?
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although,
technically, all the essential elements
of a contract
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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.
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Act,
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my personal

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
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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
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my personal or more persons
claim
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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]
Plaint for Interpleader Suit
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
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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
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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……………….
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aged…………… years, by
caste……………….
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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………………….,
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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.
JUDGMENT:
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
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gents you the most relevant
respectively to experience by remembering your preferences and
wear
Do not sell and take
my personal off the
ready-made
information.
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.”
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The plaintiff to givepleaded
further you the most relevant
that this experience by remembering your preferences and
news
Do not sell was false,
my personal wrong
and
information.
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
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in theonCentral
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Jail, you the most relevant experience by remembering your preferences and
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.
Issue No. 2:—
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.
sd/-
District Judge,…………….
Judgment signed and pronounced in

the open
Court today the (date) sd /-
Seal of Court District

Judge,………………
Q.37.
We use cookies onWrite short
our website to givenote on
you the the
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repeat visits. By clicking
following:— “Accept”, you consent to the use of ALL the cookies.
(A) The concept

Cookie Settings Accept 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
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Under Article
Cookie Settings Accept226 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,
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you the most relevant
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
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calling the matter from the
subordinate
Cookie Settings Courts, in which they
Accept
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
theByState,
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consent to the use of ALL the cookies.
and it will adversely affect the
personal freedom.
Cookie Settings Accept 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.
repeat visits.
EveryBy clicking
person “Accept”,
who youis aconsent
member to theofuse of ALL the cookies.
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
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prove himself to be innocent. Under
this right, Accept
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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.
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Rajasthan Judicial Service Main

Q.1. Can Parliament make a law

Ans. Parliament can make a law

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Q.2. What are the elements of a

Ans. Where a suit is instituted by

Q.3. A minor who was admitted

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Q.4. What is “Continuous

Ans. “Continuous easement” is one

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Ans. A landlord may let out the

Q.6. What is the purpose for

Ans. The purpose for which the

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Q.7. Which are the sub-sects of

Ans. Under the Muslim Law,

(iii) Hanbali; and

(iv) Shefai. [Muslim Law]

Q.8. State briefly the law relating

Ans. The time in the legal

(i) The Courts

(iii) The plaintiff is an insane or idiot;

(iv) Amongst several plaintiffs, one is

(v) Suit is against the trustees and

Write With Confidence

(vi) Pre-sanction is necessary in

Write With Confidence

(vii) Exclusion of time spent in bona

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(ix) Exclusion of time spent in an

(x) Effect of fraud or mistake;

(xi) It is legally necessary to give a

(xii) Effect of legally written

(xiii) Defendant is out of India; and

(xiv) Person’s death on or before the

Q.9. Name the Act, enacted to

Ans. Rajasthan Guaranteed Delivery

Write With Confidence

Q.11. What is composition of

Ans. A Panchayat Samiti shall

(i) directly elected members from

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(iv) elected members of the

(v) Vikas Adhikari. [Sections 13, 28

Q.12. To whom the power of

Ans. To the State Government.

Q.13. What is the remedy

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Q.14. What does the expression

Ans. “Judicial matter” is that

Q.15. Explain the maxim “res

Q.16. Whether second appeal

Ans. No. But nothing shall affect or

Q.17. In the absence of the

Ans. In the absence of the District

Q.18. Which of the “abuses” are

Q.19. Mention the consequences

Ans. If a marriage has been

Q.20. Examine validity of a

Ans. A marriage with a woman

absence of express agreement to the