UTTARAKHAND HIGHER JUDICIAL SERVICE EXAMINATlON-2012

Paper no. 1

Maximum marks-too Time: 2 hours.

Note: (i) All questions are compulsory.(ii) The candidate has a choice to answer the question either in Hindi or in

English except question no. 6, 7 & 9, which can only be answered inEnglish and question no. 8, which can only be answered in Hindi.

*******PART ONE

(Current Affairs, Indian Legal History, Legal Maxims, Medical Jurisprudence, BasicComputer Operation, Legal Phraseology)

Q.l. Explain briefly any seven of the following legal maxims/ legal phraseology:-

7x2=14 Marks.

(i) Falsus in uno falsus in omnibus.

(ii) Actus curiae neminem gravabit.

(iii) Injuria non execusat injuriam.

(iv) Res Ipsa loquitur.

(v) Volenti non fit injuria.

(vi) Pari materia.

(vii) Mutatis mutandis.

(viii) Non obstante clause.

(ix) Stare decisis.

(x) Doctrine of bias.

(xi) Persona designata.

(xii) Quid pro quo.

Q.2. Privy Council made significant contribution in the evolution of modern Indian

Legal system. Critically analyse. 10 Marks.

Q.3. (a)

(b)

(c)

(d)

What do you understand by booting a computer?

Distinguish between LAN and WAN.

What do you understand by URL?

What is cyber crime? Cite any two examples. 4x2= 8 Marks.

2

Q.4. The Government is considering a number of measures to tackle corruption and

has introduced the Lok Pal Bill 20 II, Judicial" Standards and Accountability

Bill 20 I0 and Disclosure and Protection of Persons Making the Disclosure Bill

2010, commonly known as the Whistieblower's Bill.

Give your opinion on the aforesaid bills.

Q.5. Attempt any two of the following:

10 Marks.

4x2= 8 Marks.

(a) State the differences between antemortem and post mortem injuries.

(b) State the types of violent asphyxia.

(c) Give four medicolegal use of DNA Finger Printing.

(d) Name some factors responsible for drug abuse.

PART TWO

Q. 6. Write an essay in English on anyone of the following topics :-

(i) No man is a judge of his own cause.

(ii) The need of discipline in judiciary.

Q.7. Write a precis in English of the following passage:-

15 Marks.

15 Marks.

We must insist that free oratory is only the beginning of free speech; it isnot the end, but a means to an end. The end is to find the truth. Thepractical justification of civil liberty is not that the examination of opinion isone of the necessities of man. For experience tells us that it is only whenfreedom of opinion becomes the compulsion to debate that the seed whichour forefathers planted has produced its fruit. When that is understood,freedom will be cherished not because it is a vent for our opinions butbecause it is the surest method of correcting them.

The unexamined life, said Socrates, 'is unfit to be lived by man'. This isthe virtue of liberty, and the ground on which we may best justifY our beliefin it, that it tolerates error in order to serve the truth. When more men arebrought face to face with their opponents, forced to listen and learn andmend their ideas, they cease to be children and savages and begin to livelike civilized men. Then only is freedom a reality, when men may voicetheir opinions because they must examine their opinions.

The only reason for dwelling on all this is that if we are to preservedemocracy we must understand its principles. And the principle whichdistinguishes it from all other forms of government is that in a democracythe opposition not only is tolerated as constitutional but must be maintainedbecause it is in fact indispensable.

The democratic system cannot be operated without effective opposition.For, in making the great experiment of governing people by consent ratherthan by coercion, it is not sufficient that the party in power should have a

majority. It is just a necessary that the party in power should never outragethe minority. That means that it must listen to the minority and be moved bythe criticisms of the minority.

Q. 8. Translate the following passage into Hindi.

Delav in FrR

10 Marks.

First information report forms vital part of criminal investigationsystem which sets it into motion in order to detect the crime and toapprehend the offenders. Prompt registration always hold good andstrengthens the complainant's version, on the other hand delay may befatal if not properly explained. In the case in hand there is three daysdelay in lodging the HR. Alleged date of incident when the deceasedsuffered injuries is 28.05.2007 and offence was complained on30.05.2007. Although complainant states that since he was busy inperforming last rites, thereby could not inform the matter immediately.Though delay in lodging FIR may not by itself be fatal to the case of theprosecution but that court of fact has to consider, in the light of thetotality of the evidence, whether the delay adversely affects the case ofthe prosecution. That is a matter of appreciation of evidence. In State vs.Bhawar AiR 2004 SC 4660 the Hon'ble Apex Court held that it is truethat promptness makes the FIR more dependable. But, why the Courtswould be too fastidious when there is some delay in lodging FIR,especially when there is no doubt about the incident, unless of course,the delay is likely to corrode the credibility of the prosecution case.

Q. 9. Translate the following passage into English:- 10 Marks.

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