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HIMACHAL PRADESH JUDICIARY EXAM, 2019

CIVIL LAW – I

Time: 3 hours Maximum Marks: 200

PART A

1. (a) Describe the features of a ‘Judgment’ as culmination of a civil suit supposed to be disposing of the
matters in issue conclusively. Also underscore the foundational perspective to be possessed by a judge
for writing a judgment Marks 10
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(b) The Supreme Court of Indian in Canara Bank vs. NG Subbaraya Setty, decided on 20 April, 2018
observed; Marks 10

“In the present case, a belated review petition was filed after arguments were heared and judgment
reserved by the appellate Court. Would this Court have to await the outcome of the said review petition
before deciding whether the judgment is res judicata?”

Elucidate the main procedural issue involved in the matter as reflected by this observation in its possible
facets and attempt a well reasoned resolution of the issue in the light of the law and judicial precedent.

(c) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the
matter alleged to be libelous is true, and the circumstances are such that it is probably true in each case,
or in neither. A obtains a decree against C for damages on the grounds that C failed to make out his
justification. Whether the fact will be relevant as between B and C also. Explain in the light of the
relevant provision of the Indian Evidence Act, 1872 explaining its rationale as well. Marks 10

(d) The question is whether a given letter is in the handwriting of A, a merchant in London. B is a
merchant in Calcutta, who has written letters addressed to A and received letters purporting to be written
by him. C, is B’s Clerk whose duty was to examine and file B’s correspondence. D is B’s broker, to
whom B habitually submitted the letters purporting to be written by A for the purpose of advising him
thereon. B, C or D never saw A write. Can the opinions of B, C and D on the question whether the letter
is in the handwriting of A be relevant? Refer to relevant provisions of the Indian Evidence Act, 1872 in
support of your answer. Marks 10

2. (a) “Under Order 22 Rule 10 CPC, when there has been an assignment or devolution of interest during
the pendency of the suit, the suit may, by leave of the court, be continued by or against person to or upon
whom such interest has been assigned or developed and this entitles the person who has acquired an
interest in the subject matter of the litigation by an assignment or creation or devolution of interest pendent lite
or suitor or any other person interested, to apply to the court for leave to continue the suit. When the plaintiff
assigns/ transfers the suit during the pendency of the suit, the assignee is entitled to be brought on record
and continue the suit. Order 22 Rule 10 CPC enables only continuance of the suit by the leave of the Court. It
is the duty of the court to decide whether leave is to be granted or not to the person or to the assignee to
continue the suit.” Elaborate and illustrate the principle with reference to the judicial trends, especially
judgment of the Supreme Court of India in Life Insurance Corporation of India vs. Sanjeev Builders (Pvt.) Ltd.
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(decided on 24 October, 2017) Marks 12

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 (b) Respond to the following with reason and judicial authority:- (Marks 08)

(i) No appeal can lie against an order of stay under Section 10 of CPC.

(ii) An application for revision can lie against an order of stay under Section 10 of CPC.

(c) “Where evidence offered comes within the meaning of its definition, the court act on it and need not
concern itself with method by which the evidence in question was obtained”. [Pushpadevi M. Jatia vs.
M.L. Wadhwan, SC 1987]. A confession made to a police officer was used in evidence in
departmental proceeding. [Kuldip Singh vs. State of Punjab SC 1996]. But, where search and seizure
was conducted by not observing the protective provision of Section 50 of the NDPS Act, 1985, the
seizure was held to be not proper and, therefore, not capable of creating presumption of wrongful
possession. It was not admissible evidence by itself for proof of unlawful Possession State of Punjab
vs. Baldev Singh, SC 1999 Analyze critically the positions taken by court in these cases and in the
light of these judicial renderings give a synthetic position that can deemed to have evolved out of
them. Marks 15

(d) The rules of proof in civil and criminal cases are generally the same. But point out some differences
which must be noted in the process of dealing with cases of civil and criminal nature. Marks 5

PART-B

3. (a) Courts in India exercise jurisdiction both in equity and as well as law, but exercise equity jurisdiction
subject to the provision of law. [Shiv Kumar Sharma vs. Santosh Kumari, AIR 2008 SC 171] Mitigate this
conundrum by logical indulgences. (Marks 07)

(b) Underline the judicially evolved guideline and legislative processes which can be held to have defined
the scope and ambit of the discretion of the courts in not enforcing contractual transactions under the Specific
Relief Act, 1963? Illustrate with practical examples. (Marks 07)

(c) The Central Council, a representative body of ABC (a religious denomination) passed a resolution
proposing the merger of the group with XYZ (another denomination of he same religion) to have a
common management of the affairs of the religious places of two group. Some members of ABC
question the resolution and want to bring a civil suit to stop the proposed merger. What basic
requirements will be necessary for them to file a suit on the matter? Decide the forum for filing the suit
and draft the necessary pleadings for bringing the suit on both sides. (Marks 16)

(d) In health care camp irreversible damage was caused to the eyes of a patient operated upon in the
camp. Help the victim by drafting necessary pleadings required for claiming damages and to make a
plea for payment of exemplary costs to him. (Marks 16)

4. (a) (i) ‘A’ deposits a box of jewels with ‘B’ as his agent ‘C’ alleges that jewels were wrongly obtained from
him by ‘A’ and claims them from ‘B’.

In another situation, ‘A’ deposits a box of jewels with ‘B’ as his agent. He writes to ‘C’ for the purpose
of making the jewels a security for a debt due from himself to ‘C’. ‘A’ afterwards alleges that ‘C’s debit is
satisfied, ‘C’ alleges the contrary. Both claim jewels from ‘B’.

Can ‘B’ institute an inter-pleader suit against ‘A’ and ‘C’? (Marks 10)

(ii) On the basis of facts and circumstances draft necessary pleadings for institution of inter-pleader suit/s
by ‘B’ as may be required in the given circumstances. (Marks 10)

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 (b) Give a concise, lucid and axiomatic version of the process of execution of decrees under the Code of
Civil Procedure, 1908. (Marks 10)

(c) “The penal provisions under the Indian Stamp Act, 1899 as applied in the State of Himachal Pradesh
are largely outdated, disproportionate and inappropriate.” Comment critically. (Marks 10)

5. (a) Evaluate the operative and enforcement mechanism provided under the Indian Stamp Act, 1899, as
applied in the State of Himachal Pradesh taking not of its workability in the changing administrative and
business patterns in India after 1955. (Marks 10)

(b) Given an enumerative but summarized critique of the legislative efforts made by significant
amendments of the Code of Civil Procedure, 1908 and any other related procedural law during the previous
two decades to make justice delivery earnest. (Marks 10)

(c) Give a cogent exposition of the nature, functions and powers of the Subordinate Civil Courts
established and regulated under the Himachal Pradesh Courts Act, 1976. (Marks 10)

(d) Define the qualities of a successful mediator in civil matters. (Marks 10)

6. (a) “Any” information contained in an electronic record which is printed on a paper, stored, recorded or
copied in optical or magnetic media produced by a computer shall be deemed to be also a document, if the
conditions mentioned [in the law] are satisfied in relation to the information and computer in question and shall
be admissible in any proceedings, without further proof or production of the original, as evidence or any
contents of the original or of any fact stated therein of which direct evidence would be admissible. Locate the
relevant section and examine the statement analyzing with reference to relevant provisions of the Indian
Evidence Act, 1872 along with the conditions specified in those provisions. (Marks 10)

(b) What are perpetual injunctions? Discus the provisions of the SRA related to perpetual injunctions.
(Marks 10)

(c) Given an appraisal of the provisions of the SRA, 1963 about rectification of instruments. (Marks 10)

(d) Illustrate the expression ‘balance of convenience’ for the purpose of grant of temporary injunctions
with reference to case law. (Marks 10)

7. (a) A agreed to sell a house to B for Rs. 16 Lacs and an amount of Rs. 02 lacs was paid by B to A. After a
promise by B to A to pay him remaining amount in few days A put B in possession of the house and also
completed the paper work. B failed to keep his commitment. On the basis of these facts–

(i) What remedy, if any, is available to A under the SRA, 1963?

(ii) Prepare necessary document/s for seeking relief to A under the SRA, 1963. (Marks 16)

(b) Give rational account of the provisions of Civil Procedure Code related to discovery and inspection of
documents. (Marks 08)

(c) Describe the provisions of Order XLV of the CPC dealing with Appeals to the Supreme Court.
(Marks 08)

(d) As mentioned in Section 57 of the Indian Evidence Act, enumerate and illustrate the facts of which
Court must take judicial notice. (Marks 08)

8. (a) Portray comprehensively the provisions of Order V of the CPC dealing with the “Issue and service of
summons”. (Marks 10)

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 (b) “facts showing the existence of any state of mind such as intention, knowledge, good faith,
negligence, rashness, showing the existence of any state of body or bodily feeling are relevant, when the
existence of any such state of mind or body or bodily feeling, is in issue or relevant.”

Explain and exemplify this statement with the help of illustrations and judicial decisions. (Marks 10)

(c) Give an exhaustive view of the motivations and practical purposes for the amendments incorporated
in the SRA, 1963 in 2018. (Marks 10)

(d) Given an appraisal and critical view of the provisions (Marks 10)

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 HIMACHAL PRADESH JUDICIARY EXAM, 2019

CIVIL LAW – II

Time: 3 hours Maximum Marks: 200

Note: Question Nos. 1 and 8 are compulsory. Attempt three more questions from the rest. In all five
questions are to be answered. Write legibly quoting provisions of law and relevant case law. Each
part of the question must be answered in sequence in the same continuation. Give reasons for your
answer.

1. With the help of decided case, discuss the following:

(a) A and B are husband and wife. A son C, is born to them in the years, 1945. C has got some
separate property of his own. A is the natural guardian of property and person of C. A dies in year, 1958
leaving his widow and his minor son C. Before his death, A executed a will and thereby he appointed his
brother D as the guardian of C. After his death, a dispute arose between B and D about guardianship of C.
Decide. 10 Marks

(b) A, a lawyer practicing in Delhi went to Singapore with his wife B during the court vacation. There
she became sick and was unable to return to Delhi. A consequentially promised orally to send her an
allowance of Rs. 20,000/- per month till she recovered and joined him. A filed to make the payment. She sent
a legal notice to A threatening to sue him. Could A be made liable. Discuss with relevant case laws.

10 Marks

(c) A sells his plot of land with a small hut thereon to B by an unregistered sale deed. B took formal
delivery of possession and constructed a two room house thereon. A sold the same land to C under a
registered sale deed on receipt of cash consideration and put him in formal possession. The sale deed in
favour of B recited that from the date of sale, B would possess the land as an absolute owner. B filed a suit
against C. Decide referring to Section 54 of the TPA and judicial decisions. 10 Marks

(d) A is a landlord and B is his tenant. A terminates the tenancy of B by way of a notice. Later B dies
leaving behind the following:-

(i) His spouse who was staying in her parental home after a decree of judicial separation and was also
holding a government job.

(ii) His married son C, who was having his job in another town and was living there with his wife and two
children. They used to visit B for festivals.

(iii) B’s second son D who was studying and staying in hostel.

(iv) B’s young unmarried daughter was staying with B.

(v) B’s parents.

Who out of the above will succeed to the tenancy. Refer to statutory provisions of the Himachal Pradesh
Urban Rent Control Act, 1987 (HPURCA) and decided cases? 10 Marks
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2. (a) Mr. P, Karta of a Joint Hindu family died in 1971 leaving behind him five sons and their respective
families. PS being the eldest son, became the Karta of the joint family. Y is the eldest daughter of PS. As time
passed all the five sons also died. Later one of the son X of the younger brother of PS declared himself as the
Karta by virtue of being the eldest male member of the family. This claim of X was challenged by Y that after
death of her father and her uncles, she being the senior most member of the Joint Hindu family, is entitled to
be the Karta of the family. Decide, in the light of recent developments of Hindu Law. (Marks 14)

(b) ‘A’, a minor girl aged 13 years was married off by her parents to B, who is aged 21 years. A was not
ready to get married as she wanted to pursue her studies. Hence A was not happy in this marriage. Later, her
friend’s father who is a lawyer advised her to seek divorce. Discuss the provision of the Hindu Marriage Act,
1955 under which A can claim divorce from B. Also refer to all the grounds available to a wife for claiming
divorce? (Marks 13)

(c) In a case between P and Q judgment was passed on 10-07-2002. (the decree prepared on 25-07-
2002). P is preparing to file an appeal. Hence an application for certified copy was made by P on 11.07.2002
and the certified copy was ready on 01-08-2002 and delivery of certified copy was taken on 05-08-2002 by P.
Taking consideration the time required for filing an appeal, which period should be excluded under Section
12, from the time required for filing an appeal under the Limitation Act, 1963? Discuss referring to decided
cases. (Marks 13)

3. X, a person of 17 years of age by fraudulently misrepresenting himself to be of 19 years, agreed to sell a

plot of land to Y for Rs. 10 lacs and took an advance of Rs. 2 lakhs from Y at the time of registration of sale
deed was within 90 days from the date of agreement to sell. X later refused to execute and register the sale
deed. Y filed a suit for specific performance of contract or refund of advance paid. Analyze the legal position
of a minor’s contract. Discuss the statutory provisions and refer to decided cases. (Marks 14)

(b) A, an old lady, granted an estate to her daughter B, with the condition that B should pay an annuity of
Rs. 5000/- to A’s brother, C. On the same day, B made a promise vis-à-vis an agreement with her uncle C
that she would pay the annuity as directed by her mother, A. Later B refused to pay the annuity on the ground
that her uncle C had not given any consideration, he cannot claim the money as a matter of right. C sues B
for breach of contract. Decide giving reasons. Also refer to decided cases. (Marks 13)

(c) A sells property to B for Rs. 5 lakhs. The sale is subject to a mortgage encumbrance which was
believed to be of Rs. 2 lakhs. After the sale, it is discovered that the mortgage was invalid, so that B has got
complete ownership for Rs. 5 lakhs. A then sues B to recover Rs. 2 lakhs as part of his purchase money.
Decide about the fate of A’s suit with reasons. Discuss in the light of the provisions of Section 55 of the TPA,
1882. (Marks 13)

4. (a) Discuss how the Hindu Succession, Act, 1956 revolutionized the concept of Women’s property from
‘Women’s Limited Estate’ to ‘Absolute Ownership’ over all her property, considered to be a step in the
direction of gender justice. Referring to the relevant provisions of the 2005 Amendment Act, can we say that
Hindu Women have been totally empowered as far as their right to property is concerned’? (Marks 10)

(b) A was in the business of selling cars which he kept on his farm. His uncle B came for a trip and visited
his farm. A took him around and showed him the cars. B returned to his place and three days later sent a
letter said, “If I do not hear from you about that black car, I shall consider it as mine for Rs. 17,00,000/-” A
did not reply back but instructed his manager not to put that black car for auction as it had already been sold
to his uncle B. The manager followed the instructions diligently, as a result all the cars except that black car
were sold. But B never came forward to make payment for that black car. A sues B to enforce the contract.
Would A succeed? Decide.

Discuss the rules regarding the communication of acceptance and revocation. (Marks 10)

(c) A is a landlord (a lawyer) and B is a tenant in respect of a residential building. A has a son X who is to
get married as well as he has just finished his LLB and wants to start practice. A files a petition for eviction
against B, on the ground that A requires the building (i) for his own use as his family has grown, (ii) for X’s
marriage, (iii) for use as an office by his son X who intends to start practice. Decide referring to relevant
provisions of the Himachal Pradesh Urban Rent Control Act, 1987 (HPURCA) and decided cases.

(Marks 13)

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 5. (a) What is a contingent contract? When is it enforceable? A agrees to pay B Rs. 10,000/- if B repairs
his car. Is this a contingent contract? Explain with the help of legal provisions and decided cases.
(Marks 14)

(b) A (husband) and (wife) were highly qualified and both were gainfully employed in different towns i.e. A
was employed in his home town, whereas B was employed out of that place. Unfortunately A was not so well
employed as B was and thus B was getting higher salary than A. B proposed to A that he should resign and
stay with her. On the other hand, A asked her to resign and live with him. A misunderstanding resulted on this
issue. A filed a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. Decide
referring to the developments in the concept of ‘matrimonial home’ under Hindu Law. (Marks 13)

(c) A, a landlord had determined the tenancy of his tenant B by way of a notice dated 07-07-1997.
Thereafter, B continued in possession without payment of rent. Later, A went abroad and could not return for
a number of years. A returned to India on 15.02.1999. After coming back to India, A was bedridden for a few
months. Thereafter, A consulted his lawyer and filed a suit for possession against B on 17-11-1999. Decide
referring to relevant provisions of the Limitation Act, 1963 and decided cases. (Marks 13)

6. (a) The landlord A issued a ‘notice to quit’ under section 106 of the TPA on 25-11-1962 calling upon the
tenant B to vacate the tenanted house in the month of October, 1962 otherwise the tenant would be treated
as trespasser from 01-11-1962 in respect of the said house. Is the notice to quit valid section 106 of TPA?
Decide referring to decided cases. (Marks 14)

(b) What are the kinds of mortgages under the TPA, 1882? Explain referring to relevant legal provisions.
(Marks 13)

(c) The plaintiff bank alleged that on defendant’s request on 07-11-1997, it remitted an amount of Rs.
14,22,070/- to the defendant. The mistake was alleged to be detected on 09-12-1983, but no debit entry was
made even on that date. Further, the bank filed a suit for recovery of the amount in the month of March, 1985.
Moreover, the remittance was for a sum of Rs. 14,22,070/- whereas the defendant had only a sum of Rs.
1,00,000/- in its account on that date. Decide whether the plaintiff bank was diligent enough to be entitled to
the benefit of Section 17(c) of the Limitation Act, 1963. (Marks 13)

7. (a) Whether the delay in the following cases be condoned by the court on the ground of ‘sufficient cause’
under Section 5 of the Limitation Act, 1963?

(i) The plaintiff X was a rustic and illiterate villager residing in remote village. He had appointed a counsel
residing at a far off place and the Court was situated at a dismissed in default due to non-appearance. There
was a communication gap between him and his counsel and a delay of about 3 years took place in filing an
application under Order IX, rule 9, CPC for condonation of delay. (Marks 07)

(ii) The substitution application for brining on record the legal representatives of X was filed 3 years after the
death of the death of the plaintiff X, and application for condonation of delay was filed 7 years thereafter. The
reason for the delay given by the applicant was that her husband who was practicing on the criminal side did
not know about the requirements of civil law. (Marks 07)

(b) A (lessor) entered into a deed of lease with B (lessee). It was stipulated that the lease would be for 10
years. In the first instance with an option to B to renew the same as long as desired. Before the expiry of the
period of 10 years from the date of commencement of the lease, B wrote to A informing about his intention to
renew the lease. A refused to comply with the request. B filed a suit for specific performance of the covenant
in the lease for renewal. A contended that the condition relating to renewal was hit by Section 14 of the
Transfer of Property Act, 1882. Decide referring to relevant provision and decided cases. Marks 13

(c) In a case, plaint was presented in a Court having no jurisdiction. The Court ordered the plaint to be
returned for presentation to the proper Court. The plaintiff took the plaint back after expiry of 4 months from
the date of the order. Whether the Court can condone the period of 4 months under Section 14 of the
Limitation Act, 1963? Decide. (Marks 10)

8. (a) With the help of relevant provision of the Himachal Pradesh Urban Rent Control Act, 1987
(HPURCA) and decided cases, explain the following:- (Marks 14)

1. Deposit of rent by the tenant.

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 2. Determination of fair rent.

3. Institution and disposal of applications.

(b) Who is a ‘specified landlord’? Discuss the ‘Right to recover immediate possession of premises
accruing to certain persons’ under the Himachal Pradesh Urban Rent Control Act, 1987 (HPURCA).
(Marks 13)

(c) Discuss the special procedure for the disposal of applications for eviction on the ground of bona fide
requirement under Section 14 and 15 of the Himachal Pradesh Urban Rent Control Act, 1987 (HPURCA)
(Marks 13)

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 HIMACHAL PRADESH JUDICIARY EXAM, 2019

CRIMINAL LAW-III

Time: 3 hours Maximum Marks: 200

Note: Attempt five questions in all. Question No.s 1 and 2 under Part A are compulsory questions..
Attempt three more questions from Part B and Part C selecting at least one question from each part.
Each question carries 40 marks. Write legibly quoting provisions of law and relevant case law. Each
part of the question must be answered in sequence in the same continuation. Give reasons for your
answer.

PART-A

1. (a) (i) Where A sees a person preparing for a crime and does not inform the authorities, is he liable for
any offence under the IPC. Elaborate with the help of decided cases. (5 Marks)

(ii) Certain persons suddenly made an attack on the accused in order to cut his crops. The accused
having no time to make a complaint to the police resisted the attack and inflicted a wound with a piece of
bamboo resulting in the death of a person from the aggressor’s party. Discuss the liability of accused with the
help of decided cases. 5 marks

(b) (i) A with the intention of causing Z to be convicted of a criminal conspiracy, writes letter in imitation of
Z’s handwriting purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in
a place which he knows that the officers of the police are likely to search. What offence has ‘A’ committed?
Explain with the help of decided cases. 5 marks

(ii) A plastic surgeon performed the plastic surgery of a patient to remove his nose definancy but the
patient died during the operation. Is the doctor liable for the death of the patient under the Indian Penal Code?
5 marks

(c) (i) The accused habitually visited prostitutes where one day he happened to meet a sixteen
years old married girl leading a prostitute’s life. The accused brought her to live with him without the
knowledge of her husband. Has the accused committed any offence under the IPC? Explain with the help of
decided cases. 5 marks

(ii) The accused was the Branch Manager of the complainant company who was occupying the
flat allotted to him by the company. In his transfer elsewhere, he was asked to vacate the flat which he did not
despite several notices by the company. The company, therefore, instituted criminal proceedings against him.
Is he liable for any offence under the IPC? 5 marks

(d) (i) A shopkeeper says to B, who manages his business –– “Sell nothing to Z unless he pays you
ready money, for I have no opinion of his honesty.” Is a liable for making such statement against Z? Explain
with the help of case law. 5 marks

(ii) A Police Inspector (accused) invited his subordinate (deceased) to have a drink with him in
his room. When they were drunk, the nephew of the deceased came and called him for dinner. As the
deceased got up to leave the room, the accused got annoyed and started abusing the deceased. When the
deceased objected to this, the accused drew up his service revolver and fired two shots which caused the
death. Discuss the criminal liability of the accused. Elaborated with the help of case law. 5 marks

2. (a) (i) Objective behind inclusion of Section 50A in the CrPC 5 Marks

(ii) Discuss the scope and objective of Section 357A, 357B and 357C of the CrPC 5 marks

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 (b) (i) The right to Appeal is a Statutory Right. Explain with the help of case law. 5 marks

(ii) Explain Plea Bargaining as provided in CrPC and its relevancy in the modern time.
5 marks

(c) (i) Explain the procedure of Trial before a Court of Session under the CrPC 5 marks

(ii) What is a charge? Form of charges and scope and objective behind Joinder of charges.

5 marks

(d) (i) The FIR under section 154 CrPC is not to be an encyclopedia. Explain with help of case law.
5 marks

(ii) Explain the CrPC provisions regarding conditional order for removal of Public Nuisance.
5 marks

PART B

3. (a) Discuss With the help of decided cases the offence by companies under the provisions of the
Negotiable Instruments Act, 1881. 10 marks

(b) Explain with the help of decided cases, the dishonor of cheque for insufficiency etc. of funds in the
account. 10 marks

(c) (i) What is the procedure envisaged under the Negotiable Instrument Act, 1881 for taking
cognizance by the Court in case of offences committed under Section 138 of the Negotiable Instrument Act,
1881. 10 marks

(d) Discuss with the help of decided cases the presumption in favour of holder of a cheque under
Section 139 of the Negotiable Instruments Act, 1881. 10 marks

4. (a) (i) Explain briefly the power to grant Licenses, permits and passes under the Himachal Pradesh
Excise Act, 2011.

(ii) Explain the meaning of the following terms as provided in the Himachal Pradesh Excise Act,
2011?

(a) Brewery

(b) Molasses 5 Marks

(b) (i) Discuss briefly the prohibition on import, export or transport of liquor under the Himachal
Pradesh Excise Act, 2011. 5 marks

(ii) Explain briefly the provisions relating to Appeal and Revision under the Himachal Pradesh Excise
Act, 2011. 5 marks

(c) (i) Discuss the penalty for unlawful production manufacture, possession, import, export, transport,
sale etc. of liquor under the Himachal Pradesh Excise Act, 2011 5 marks

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 (ii) Discuss the penalty for consumption of liquor in a chemist shop under the H.P. Excise Act 2011?
5 marks

(d) (i) Discuss the provisions relating to confiscation of articles under the Himachal Pradesh Excise Act,
2011? 5 marks

(ii) Explain the prohibition with regard to possession of liquor under the HP Excise Act, 2011.

5 marks

PART- C

5. (a) Explain and illustrate the meaning of the following terms under the Wild Life (Protection) Act, 1972:-

(i) Weapon

(ii) Uncured trophy

(iii) “Livestock”

(iv) Land 10 Marks

(b) Explain the Constitution Powers and Functions of the National Tiger Conservation Authority under the
Wildlife (Protection) Act 1972. 10 Marks

(c) What are the prohibition on trade or commerce in trophies, animal articles etc. derived from certain
animals under the Wildlife (Protection) Act, 1972? 10 marks

(d) Discuss the circumstances in which hunting of wild animals may be permitted. Is there a provision for
special purpose to grant of permit? Explain. 10 marks

6. (a) Explain the Constitution, Powers and Functions of the Central Zoo Authority. Also discuss the
provision relating to Recognition of zoos and Acquisition of animals by a zoo under the Wildlife (Protection)
Act, 1972. 5 marks

(b) Write brief notes on the following as provided under the Wildlife (Protection) Act, 1972:-
10 marks

(i) Declaration of sanctuary

(ii) Protection of specified plants

(c) Discuss the Constitution and Powers of The Tiger and other endangered Species Crime Control
Bureau under the Wildlife (Protection) Act, 1972. 10 marks

(d) Explain the Tiger Conservation Plan and also the Alteration and de-notification of tiger reserves under the
Wildlife (Protection) Act, 1972.

7. (a) Explain and illustrate the following terms defined under the Indian Forest Act, 1927:

(i) “Forest Produce”

(ii) “Timber”

(iii) “Cattle”

(iv) “Forest Officer” 10 Marks

(v) Protected Forest

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 (b) Discuss in detail the power to Reserve Forest under the Indian Forest Act, 1927. Also discuss the
power of a Forest Settlement Officer. 10 Marks

(c) Describe the provisions relating to protected forests under the Indian Forest Act, 1927.

10 marks

(d) Discuss the provision with regard to control of Timber and other forest produce in transit under the
Indian Forest Act, 1927. 10 marks

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 HIMACHAL PRADESH JUDICIARY EXAM, 2019

ENGLISH

Time: 3 hours Maximum Marks: 150

Q.No. 1 Write an essay of 1100-1200 words on any one topic out of the following three topics:-
100 marks

(a) Social Media: Its Charms and Hazards

(b) Economic Prosperity vis-à-vis Environmental Conservation.

(c) Education sans Ethics: Virtually Implausible

Q.No. 2 Translate the following passage into English:- 50 marks

fdlh Hkh laLd`fr ds mnxe ds fo"k; esa tkuus vkSj le>us esa yksdFkk dk cgqr egRo gSA yksdFkk,a os
dFkk,a gSa tks lfn;ksa ls ,d ih<+h ls nwljh ih<+h vkSj nwljh ih<+h ls rhljh ih<+h ds lrr deZ esa izokfgr
gksrh pyh vk jgh gSA ;s izokg ml le; ls vkjEHk gksrk gS ftl le; ls euq"; us vius vuqHkoksa dYiukvksa
,oa fopkjksa dk ijLij vknku&iznku izkjaHk fd;kA
vkfnoklh leqnk;ksa esa yksddFkkvksa dk tks :i vkt Hkh fon~;eku gS og yksddFkkvksa ds ml :i ds
lokZf/kd fudV gS tks fopkjksa ds laizs"k.k vkSj xzg.k dh izfØ;k vkjaHk gksus ds le; jgk gksxkA yksddFkkvksa
esa euq"; ds tUe] i`Foh ds fuekZ.k] nsork ds O;ogkj] Hkwr&izsr] jk{kl vkfn ls ysdj yksdO;ogkj ls tqM+h
dFkk,a fufgr gSA yksddFkkvksa dk ewy mís’; ek= euksjatu ugha jgk] blds ek/;e ls vuqHkkoksa dk
vknku&iznku] ekuork dh f’k{kk] ln~deZ dk egRo rFkk vuqfpr deZ ls nwj jgus dk lans’k fn;k tkrk jgk
gSA blfy, bu dFkkvksa esa Hkwr&izsr ds Hk; dh dYiuk vkSj fofHkUu izdkj ds feFkd fon~;eku gSaA ftlls
euq"; ,sls dk;Z u djsa ftlls mls {kfr igqapsA bls euq";rk ds fo:n~/k dk;Z djus okykas ds fy, vkfnoklh
lalkj dh Hkksyh&Hkkyh psrokuh dgk tk ldrk gSaA
Hkkjr esa vusd vkfnoklh tkfr;ka vkt Hkh viuh ekSfyd ekU;rkvksa] jhfr fjoktksa o yksddFkkvksa ds lkFk
thou ;kiu dj jgh gSaA fdUrq le; vkSj lekt esa ifjorZu ds Øe esa ;s vkfnoklh tutkfr;ka Hkh
/khjs&/khjs viuh okfpd /kjksgjksa dks [kksus yxh gSaA vr% le; jgrs vkfnoklh yksd dFkkvksa dh bu /kjksgjksa
dks lgst ysuk vR;ar vko’;d gSA ;s dFkk,a gekjs fy, mruh gh egRoiw.kZ gSa ftruh fd dksbZ iqjkrkfRod
/kjksgj D;ksafd buesa thou ds vuqHkoksa ,oa dYiukvksa dks fcuk fdlh d`f=erk ds izLrqr fd;k tkrk gSA ;s
izokg dgha ljLorh unh dh Hkkafr yqIr u gks tk, blfy, bUgs lgst ysuk vko’;d gSaA

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 Himachal Pradesh Judicial Services
Main Examination- 2019
Hindi
Time: 03 hours Maximum Marks: 100

The choice which rational men would make in this hypothetical situation of equal liberty,
assuming for the present that this choice problem has a solution, determines the principles of justice.
Among the essential features of this situation is that no one knows his place in society, his class
position or social status, nor does anyone know his fortune in the distribution of natural assets and
abilities, his intelligence, strength, and the like. I shall even assume that the parties do not know their
conceptions of the good or their special psychological propensities. The principles of justice are
chosen behind a veil of ignorance. This ensures that no one is advantaged or disadvantaged in the
choice of principles by the outcome of natural chance or the contingency of social circumstances.
Since all are similarly situated and no one is able to design principles to favor his particular
condition, the principles of justice are the result of a fair agreement or bargain.

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