CS Executive June 2025 Question Paper Jurisprudence, Interpretation and General Laws

FOR CS EXECUTIVE EXAM PREPARATION

CS Executive 2025
Question Paper ·
Jurisprudence,
Interpretation and
General Laws
EXAM YEAR TYPE

CS Executive 2025 Question Paper
SUBJECT DATE

Jurisprudence, Interpretation and General Laws June 2025

Notes · Sample Papers · Previous Year Papers · Mock Tests

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NEW SYLLABUS
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Roll No. .....................................

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Time allowed : 3 hours
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Maximum marks : 100
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Total number of printed pagesl : 11
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Total number of questions : 6
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NOTE : Answer ALL Questions.

1. (a) The distribution of powers is an essential feature of federalism. The object for which

a federal State is formed involves a division of authority between the National Government

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and the separate States. The tendency of federalism to limit the actions of the Government

and to split up the strength of the .States, is specially noticeable, because it forms
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l a s a federal system and a unitary system of Government.
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the essential distinction between

A Federal Constitution establishes the dual polity with the Union at the Centre and

the States at a periphery, each endowed with sovereign powers to be exercised in

the field assigned to them respectively by the Constitution. That one is not subordinate

to the other in its own field, the authority of one is to co-ordinate with that of

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the other. In fact, the basic principle of federalism is that the legislative, executive
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and financial authority is divided between the Centre and States,

s em passed by the Centre but by the Constitution itself. Thisla
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is what Indian Constitution

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The Constitution of India makes two-fold distribution of legislative powers—(I) with

respect to territory; and (2) with respect to subject matter.

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As regards territory, Article 245(1) provides that subject to the provisions of this

Constitution, Parliament may make laws for the whole or any part of the territory

of India. According to clause (2) of Article 245, a law made by Parliament shall

not be deemed to be invalid on the ground that it has extra-territorial operation, i.e.,

takes effect outside the territory of India.

Our Constitution-makers have followed the Canadian scheme opting for a strong Centre.

However, they added one more List—the Concurrent List. The Government of India

Act, 1935, introduced a scheme of three-fold enumeration, viz., Federal, Provincial

and Concurrent.

The present Constitution adopts the method followed by the Government of India

Act, 1935, and divides the powers between the Union and the States in three Lists—

Union List, the State List and the Concurrent List.

Article 246 is related to subject-matter of law-making power of Parliament and State

Legislatures. Parliament has exclusive power to make laws with respect to any of

the matters enumerated in List-I in the Seventh Schedule. Parliament, subject to clause

(I) and Legislature to any State, have power to make laws with respect to any of

the matters enumerated in List-III in the Seventh Schedule. Subject to clauses (1)

and (2), the Legislature of any State has exclusive power to make laws for such

State or any part thereof with respect to any of the matters enumerated in List II

in the Seventh Schedule. However, our Constitution makes a few exceptions to this

general rule by authorising Parliament to make law even on the subjects enumerated

in the State List.

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As it is seen that the powers between the Centre and States are divided and they

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co and questions constantly arise whether a particular subject falls in stheem
cannot make laws outside their allotted subjects. It is also true that a scientific division

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emof one or the other government. This duty in the federal Constitution isglvested
is not possible

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lain the Supreme Court of India. The Supreme Court has evolved various aprinciples
sphere

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a of interpretation in order to determine the respective power of the Union and the
States under the three Lists.

In reference to the above statements answer the following questions :

(i) ‘It is almost a universal rule in all the Constitutions, where distribution of legislative

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powers is provided, that in the concurrent field the Central law prevails, if
it conflicts with a State law.’ .However, our Constitution recognizes an exception
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to this general or universal

(2 marks)

(ii) A newspaper was published and printed at Bangalore in Karnataka State. It
contained crossword puzzles and engaged in prize competitions. It had wide
circulation in the State of Maharashtra and most of its activities such as the
standing invitations, the filling up of the forms and the payment of money took

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.law on the ground
place within that State. The State of Maharashtra imposed a tax on the

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newspaper. The publishers challenged the validity of the m
e matter falling beyond
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that it was invalid in so far as it covered a subject
the territory of that State, because the paper awas published in another State.
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Discuss the validity of the actions of the State of Maharashtra referring to
the case law.

(2 marks)

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(iii) On a particular item included in the State List, the States of Haryana and
Rajasthan requested the Parliament to make laws for them on that particular
subject. Discuss the legality of this statement referring to the relevant Article
of the Constitution of India. What happens, if any of the consenting States
later makes a law on that particular subject.

(2 marks)

(iv) Discuss the principle of harmonious construction in the interpretation of legislative
lists under the Indian Constitution.

(2 marks)

(v) If it is necessary or expedient in the national interest that Parliament should
make a law on a matter enumerated in the State List, can Parliament do
so ? Explain.

(2 marks)

(b) Shyam Jewels, one of Mumbai’s biggest jewelry stores, contract with Gold leaf
Wholesalers in electronic form. Gold leaf specializes in High-quality Gold and Diamond
Jewelry. Under the contract, the gold leaf was supposed to provide jewelry amounting
to ` 25 lakh on credit to Shyam Jewels, with payment due in 90 days. To fulfill
this financial obligation, X, the friend of owner of Shyam Jewels, signed a personal
guarantee and Y, business partner of Shyam Jewels secured the transaction with a
lien on his expensive car. Upon receiving the consignment, Shyam Jewels defaulted
on its payment obligations within the stipulated period. Despite multiple legal notices,
the payment remained due, which entitles the aggrieved party to compensation for
loss or damage caused by this act.

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As X had provided a personal guarantee, Gold Leaf Wholesalers initiated recovery

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proceedings against him. There is an agreement in which a surety undertakes liability
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in the event

s luxury car had been pledged as security for the debt. Upon default, Goldla
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l exercised its statutory right, which empowers the Gold Leaf to sell the pledged
Y’s Leaf

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a after providing reasonable notice to the Y. The proceeds from the sale were appropriated
towards the outstanding liability.

During the course of legal proceedings, it was ascertained that Shyam Jewels had
engaged A, as an agent to procure jewelry from Gold Leaf.

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The commercial transaction between Shyam Jewels and Gold Leaf falls within the

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ambit of the Sale of Goods Act, 1930, as it involved the transfer of ownership of

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consideration.

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In view of the above details,

(i) Discuss the liability of X, as a guarantor.

(2 marks)

(ii) Can Gold Leaf sell the luxury car of Y and appropriate the proceeds toward
the outstanding liability ? Discuss the rights of a pawnee.
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(iii) Under which provisions of the Sale of Goods Act, 1930, Gold Leaf can initiate

las legal actions for recovery of price and damages ?
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(iv) Under what circumstances an agent can be held personally liable ?

(3 marks)

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2. (a) Anand could not clear his Civil Services interview, yet he falsely pretended that he

had cleared it. He intentionally deceived Param and dishonestly induced him to provide

goods on credit, despite having no intention to pay for them. Discuss the offence

committed by Anand under the Bharatiya Nyaya Sanhita, 2023.

(5 marks)

(b) Ram filed a suit for recovery of certain sum against Raj who was a minor. Later,

an ex-parte decree was passed against Raj. In execution of decree, the house of

Raj was sold to Prabhu and sale certificate was also issued in favour of Prabhu.

However, Raj continued living in the house and later on died, leaving no legal heir,

and the property by escheat, passed to the State. Prabhu filed for possession of

the house. Discuss the legality of Prabhu’s claim to the possession of the house.

(5 marks)

(c) Aman contracts to sell to Bharat, 50 bighas of land situated in his village, for

` 1,00,000. It, however, turned out that only 25 bighas of land belonged to Aman.

Here 25 bighas are substantial part of the contract. The general principle under Section

12 of the Specific Relief Act, 1963 is that, except as otherwise hereinafter provided

in this section, the Court shall not direct the specific performance, then what are

the reliefs available to the parties of this contract ? Discuss.

(5 marks)

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3. (a) Rakesh entered into a bond with a company to serve for a period of five years.

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As per the terms of the bond, if Rakesh leaves the job earlier, and joins a competitor
within fiveoyears, he would be liable to pay damage. After receiving necessary training,
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em left the job within the stipulated period and joined a competitor. Thegformer
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laemployer filed a suit for damages against him. Is this agreement valid under athe Indian
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a Contract Act, 1872 ? Discuss.
(5 marks)

(b) Neelam had a property situated in Prayagraj. She was in urgent need of money for
business purposes and therefore approached the creditor, showed her documents and

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borrowed money. She delivered the title deed in the city of Lucknow. Is this a valid

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mortgage ? Discuss in detail the requisites for this kind of mortgage.

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(5 marks)

(c)
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Neeresh draws a cheque of ` 50,000 on his own account payable to Gukesh, but
he only has ` 20,000 in his account. Gukesh presents the same to the bank with
in the time allowed. Cheque got bounced due to insufficiency of funds in Neeresh’s
account. Discuss the remedy available to Gukesh under the Negotiable Instruments
Act, 1881, and what are the requirements which have to be complied with under

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section 138 of the said Act, before initiating action.

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Attempt all parts of either Q. No. 4 or Q. No. 4A

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A is accused of forging B’s signature on a gift deed of property. The prosecution

a relies on the opinion of a handwriting expert, who confirms that the signature is forged.
Discuss the relevancy of the opinion of a handwriting expert under the Bharatiya Sakshya
Adhiniyam, 2023.

(5 marks)
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(b) Raj has been wrongfully detained in custody by Yogesh, a police officer. What remedy
is available to Raj’s family in such a case under Indian Constitution ? Discuss.

(5 marks)

(c) Sohan Singh, aged sixty-two, was working as an Information Commissioner. In the
midst of his tenure, after serving one year as an Information Commissioner, he was
appointed as the Chief Information Commissioner. Discuss in detail, whether he can
be appointed as the Chief Information Commissioner, and explain the terms of office
of the Central Information Commission under the Right to Information Act, 2005.

(5 marks)

OR (Alternate question to Q. No. 4)

4A. (i) “The court have always insisted that the administrative agencies must follow minimum
of fair procedure, i.e., Principal of Natural Justice”. Under what circumstances can
the right to a fair hearing and the rule against bias be lawfully excluded ?

(5 marks)

(ii) What powers does the Collector have to stamp impounded instruments under the
Indian Stamp Act, 1899 ? Discuss the procedure involved and legal implications of
such stamping.

(5 marks)

(iii) “A party may, before or during arbitral proceedings, or at any time after the making
of the arbitral award but before its enforcement under Section 36, apply to the court
for interim measures under Section 9(1) of the Arbitration and Conciliation Act, 1996.”
Discuss.

(5 marks)
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5. (a) Discuss the effect of repeal under the General Clauses Act, 1897. The Bharatiya

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Nyaya Sanhita (BNS), 2023, which came into effect on July 1, 2024, repealed the

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e consequence of offences committed under the IPC, before July 1, 2024a
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Indian Penal Code (IPC), 1860, as the primary criminal law in India. What is the

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legal

a (5 marks)

(b) What is meant by a summons under the Bharatiya Nagarik Suraksha Sanhita (BNSS),

2023 ? Discuss the provisions relating to the service of summons on corporate bodies,

firms, and societies.

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(5 marks)

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(c) A person was accused of theft involving
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rupees. He was a first-timel offender, and the property was recovered. Discuss the
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punishment prescribed for such an offence under the Bharatiya Nyaya Sanhita, 2023.

What other offences are covered under this type of punishment ?

(5 marks)

Attempt all parts of either Q. No. 6 or Q. No. 6A

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6. (a) Anil inspects a hot water bottle at a chemist’s shop and enquires whether it will

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stand boiling water. Anil was told that it will stand hot water but not boiling water

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and then he buys it. The moment Anil puts hot water into the bottle, it bursts causing

a him an injury. Discuss with the help of relevant provisions whether Anil has any remedy

against the chemist ?

(5 marks)

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(b) Aamir the owner of a boat, contracts with Bhavesh to take a cargo of jute to Aligarh

for sale at that place, starting on a specified day. The boat owing to some unfortunate

reasons, could not start at the time appointed, and hence the arrival of the cargo

at Aligarh is delayed beyond the specified contracted time. After that date and before

the arrival of the cargo, the price of the jute falls. Discuss in detail the remedy available

to Bhavesh.

(5 marks)

(c) Ahmed, Raheem, and Sameer were joint-owners of a truck, and possession of the

said truck was with Raheem. Sudhir purchased the truck from Raheem without knowing

that Ahmed and Sameer were also co-owners of the truck. Will Sudhir get a good

title ? Discuss in the light of the provisions of the Sale of Goods Act, 1930.

(5 marks)

(d) The defendants were a partnership firm consisting of two partners, Ramesh and Mahesh.

Ramesh was taking care of the functioning of the firm and Mahesh was a sleeping

partner. Ramesh acting within the scope of his authority, bribed the clerk of the plaintiff’s

company and induced him to commit a breach of contract with the plaintiff and divulge

some of the secret important information of the plaintiff’s company. The plaintiff suffered

losses. This act of Ramesh was done without Mahesh’s knowledge. Plaintiff sued both

the partners. Discuss whether the plaintiff would succeed.

(5 marks)

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OR (Alternate question to Q. No. 6)

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6.A. (i) “Law is a theory of social engineering, which means balance between the

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competing interests in society.” Discuss Roscoe Pound’s classification of interests.

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a (ii) Discuss the doctrine of sufficient cause under the Limitation Act, 1963.
(5 marks)

(5 marks)

(iii) “An information provider is a person, who provides information to a body

corporate and, under these rules, has certain rights over sensitive personal

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information. Such information cannot be collected without the provider’s consent.”

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What restrictions do the Information Technology (Reasonable Security Practices

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and Procedures and Sensitive

commonly knowngas the SPDI Rules—place on body corporates to protect
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individuals’ privacy ?

(5 marks)

(iv) Discuss the grounds on which a party, against whom a foreign award is invoked,

may oppose its enforcement under Section 48 of the Arbitration and Conciliation

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Act, 1996.

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