The HPSC ADA Subject Knowledge Test 2023 was conducted to assess candidates’ conceptual understanding, analytical ability, and knowledge of core legal subjects relevant to the post of Assistant District Attorney. The descriptive paper consisted of 18 questions covering Contract Law, Sale of Goods, Partnership Law, Criminal Law and Hindu Law. Candidates were required to attempt any 15 questions within three hours, with emphasis on statutory provisions, legal principles, judicial precedents, and the practical application of law.
HPSC ADA Subject Knowledge Test 2023
Time Allowed : 3 Hours
Maximum Marks: 150
Question Paper Specific Instructions
(Please read each of the following instructions carefully before attempting questions)
- There are eighteen (18) questions in all.
- Candidate has to attempt any fifteen (15) questions in all.
- Marks assigned to each question/part are given against it.
- Word limit in questions, wherever specified should be adhered to.
- Attempts of questions shall be counted sequential order. Unless struck off, attempt of a question shall be counted even if attempted partly. Any page or portion of the page left blank in the question-cum-answer booklet must be clearly struck off.
- No extra/additional sheet will be provided.
- Answer must be written in the authorized medium. No marks will be given for answers written in a medium other than the authorized one.
Question 1
Distinguish between privity of contract and privity of consideration. Up to what extent the rule of Tweddle v. Atkinson has been applied by Indian Courts since Privy Council times? What are exceptions to the privity of contract? Elucidate your answer with help of case laws.
Question 2
Explain the principle of discharge of contract on the various grounds of frustration. What are main theories that have been put forward to explain the juridical basis of the doctrine of frustration? Elucidate your answer with help of case law.
Question 3
Explain the nature and scope of rule of Caveat emptor relating to sale of goods. What are the exceptions to the above rule that has been statutorily and judicially recognised to protect the purchaser of the goods in view of the global dimensions of trade and business?
Question 4
What are rights of unpaid seller against the goods? Under what circumstances the unpaid seller may exercise the right of lien over the goods? Under what cases the unpaid seller of goods right to lien comes to an end? Substantiate your answer with help of case law.
Question 5
“The person sharing the profits of the business do not always incur the liability of partners unless the real relations between them is that of partners.” Critically examine with help of case law.
Question 6
Explain the principle of doctrine of holding out of partnership firm. What will be scope of application of doctrine of holding out in cases of tortious liability, retired partners and liability of legal representatives or the estate of deceased partners if the firm is not dissolved and remaining partners continued the business of firm in old names? Substantiate your answer with help of case law.
Question 7
Define Attempt and distinguish it from preparation. To constitute the attempt, the act done must be the penultimate act towards the commission of offence or the completion of offence must be prevented by circumstances beyond the control of the offender? Explain with the help of relevant provisions and judicial pronouncements.
Question 8
Distinction between culpable homicide and murder depends on the degree of intention and knowledge with which the death is caused. Whether, the liability is determined on the basis of facts and circumstances considering the nature of weapon used in the act.? Explain with the help of relevant provisions and decided cases.
Question 9
Distinguish between legal and medical insanity under Indian Penal Code. Up to what extent the plea of irresistible impulse, partial delusion and insanity brought by drunkenness will be considered as an excuse for criminal liability? Substantiate your answer with help of case law.
Question 10
What do you mean by the term arrest? Discuss the circumstances in which the arrest of a person becomes necessary. Do you think that the provisions giving somewhat unlimited power to the police to arrest without warrant is just fair and reasonable? Explain.
Question 11
Explain the meaning of investigation. On receiving information as to the commission of cognizable offence what is the investigating procedure to be followed by the officer in-charge of police station? In what way the evidentiary value of F.I.R. is greater than that of any statement recorded by the police in the course of investigation? Discuss.
Question 12
What is “anticipatory bail”? Under what circumstances can such bail be granted? What principles should the court follow while cancelling a bail? Can a bail granted by the Session Court be cancelled by the High Court? Explain with the help of relevant provisions and case laws.
Question 13
A verdict against a man suing in one capacity will not stop him when he sues in another distinct capacity. In light of the above statement, discuss the conditions which are required to constitute, Res Judicata. Substantiate your answer with the help of case laws.
Question 14
‘Unless a right of appeal is clearly given by the statute, it does not exist.’ Referring to the above statement, discuss the grounds of the First and Second Appeal with help of case law.
Question 15
What do you mean by confession? Can a confession of an accused in the police custody to anyone else be proved against him? Under what circumstances the fact discovered by the police because of the information given by the accused in police custody is proved against the accused? Also, explain the situation when a confession made by one accused can be used against co-accused? Discuss with help of relevant provisions and decided cases.
Question 16
What do you mean by dying declaration? What are the reasons of its admissibility? Explain the conditions when a dying declaration be admissible under the Indian evidence Act,1872. Also, highlight the evidentiary value of it.
Question 17
Critically examine the judicial approach regarding the constitutionality of Section 9 of Hindu Marriage Act. How the issue of restitution of conjugal rights have been addressed by the Court in case of working women? What are the grounds which have been considered as valid considerations and what have been considered as unreasonable excuse for withdrawing from the society of another spouse? Substantiate your answer with help of case law.
Question 18
“In order to constitute desertion factum of separation and animus deserendi should continue during the entire statutory period immediately preceding the presentation of petition.” Critically examine with the help of case law and judicial guidelines.
Important Link
Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams