Odisha Judiciary Previous Year Question Papers PDF Download [Prelims & Mains]

Overview: The Odisha Judiciary Mains examination for the post of Civil Judge is structured into several distinct papers, each covering a specific legal area or language proficiency. Practise these past year questions to know how to write in the mains examination to score well. 

If you want to ace Odisha Judiciary Mains exam, you are at the right place. As success in the Odisha Judiciary Mains examination requires more than rote memorization; it demands strategic conceptual clarity and the ability to articulate complex legal principles comprehensively. This detailed Q&A guide breaks down the core concepts tested, ensuring your preparation is laser-focused on the areas most valued by the examiners. 

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Odisha Judiciary Mains Examination: Paper Breakdown 

The examination consists of seven papers, totaling a maximum of 1050 marks. The Mains examination includes 5 papers - 2 compulsory and 3 optional subjects. Candidates are required to choose 3 optional subjects from 5 available options. Each paper is generally assigned a maximum of 150 marks. 

Paper Number	Subject	Maximum Marks	Time Allowed
Paper I - Compulsary	General English	150 Marks	2.5 Hours
Paper II - Compulsary	Jurisprudence & Constitution of India	150 Marks	3 Hours
Paper III - Optional	Law of Crime and Law of Torts	150 Marks	3 Hours
Paper IV - Optional	Law of Contract	150 Marks	3 Hours
Paper V - Optional	Law of Property	150 Marks	3 Hours
Paper VI - Optional	Personal Law	150 Marks	3 Hours
Paper VII - Optional	Procedural Laws	150 Marks	3 Hours

Key Components within the Odisha Judiciary Mains Papers: 

While all papers are worth 150 marks, the structure of Paper I (General English) is a bit different in its time allocation and components: 

Paper I (General English): This paper requires candidates to undertake various tasks, including:  

• Translation from Odia into English (25 Marks). 
• Translation from English into Odia (25 Marks). 
• Writing a short essay (about 150 words) on a selection of topics (50 Marks). 
• Making a precis of a passage (about 100 words) (25 Marks). 
• Reading a passage and answering questions (25 Marks). 

Law Papers (Papers II to VII): These papers are generally structured to require candidates to attempt six questions, usually selecting three from Section A and three from Section B, with questions being of equal value (typically 25 marks each or a combination totaling 25 marks per question slot). Papers IV, V, and VII often have additional sections (C and D) requiring specific question selection quotas. 

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Previous Year Constitutional Law & Jurisprudence questions in Odisha Judiciary Mains (Paper II) 

The Odisha Judiciary Mains places a huge emphasis on the philosophy of law, constitutional balance, and fundamental legal concepts. Practise these past year’s paper questions to do well in the examination: 

1. Constitutional Balance and Rights

Q. Explain the scope and content of freedom of speech and expression guaranteed under the Constitution. Do you think that this freedom includes Right to Information also?

Freedom of speech and expression is guaranteed under the Constitution. The scope is broad, covering not just verbal communication but any medium by which an individual communicates their ideas, beliefs, and opinions. While the source does not explicitly state that the Right to Information is included in this freedom, in the context of judicial interpretation, the right to speak includes the right to know, making the relationship crucial for a comprehensive answer.

Q. The Constitution should be so interpreted as not to disturb the harmonious relationship between the Fundamental Rights and Directive Principles of State Policy (DPSP). Explain this relation.

This question relates to the dynamic equilibrium required between Part III (Fundamental Rights) and Part IV (DPSP) of the Constitution. Although the DPSP are explicitly "not Justiciable", they are considered "fundamental in the governance of the country". The judiciary has often interpreted the Fundamental Rights (which are justiciable) in light of the socio-economic goals enshrined in the DPSP (such as those concerning social justice and economic parity) to ensure that the harmonious relationship between the two is maintained. Interpretation should seek to advance the goals of social welfare (DPSP) without arbitrarily infringing upon individual liberty (Fundamental Rights).

Q. Explain the procedure to amend the Constitution. Also, explain the importance of the basic structure doctrine in the amendment of the Constitution.

The procedure for amending the Constitution is a critical topic. The source notes that Parliament has powers to amend "any part of the Constitution". However, the power to amend is limited by the Basic Structure Doctrine. This doctrine ensures that Parliament cannot use its amending power to destroy or alter the fundamental, essential features of the Constitution (the Basic Structure). This doctrine is a key judicial limitation on the otherwise sweeping power of amendment.

2. Foundational Jurisprudence Questions in Odisha Judiciary Mains

Q. Examine the concept of Possession and Ownership. Also, explain the difference between possession and ownership.

Both Possession and Ownership are fundamental legal concepts. Possession is often described as the physical control over an object (corpus) combined with the intention to exclude others (animus). Ownership, conversely, denotes the aggregate of rights recognized by law (e.g., the right to possess, use, alienate, destroy).

Difference: Though possession is sometimes considered "very near to ownership," it is fundamentally not ownership. A person can have possession without being the owner (e.g., a tenant or bailee), and an owner may temporarily lose possession (e.g., property stolen or leased) while retaining title. 

Q. What is meant by vicarious liability? Explain with illustrative cases when the state is vicariously liable for tortious acts of its servants.

Vicarious liability means one person is held responsible for the tortious acts of another. This typically applies to a master for the wrongful acts of their servant, provided the act was committed in the course of employment. The master is generally liable even if the act was expressly forbidden, as long as it falls within the scope of the servant's job.

The question of State liability for torts committed by its servants is crucial. Historically, the State claimed sovereign immunity. However, modern interpretations, supported by "leading cases," delineate the limitations and scope of State liability. Generally, the State is liable for commercial or non-sovereign functions but often retains immunity for acts performed in the exercise of sovereign functions. 

Law of Crime & Law of Torts (Paper III) 

This section in Odisha Judiciary Mains exam focuses on distinctions, exceptions, and foundational doctrines in substantive law. 

1. Law of Crimes (BNS)

Q. "Every murder is culpable homicide but every culpable homicide is not murder." Explain, keeping in mind the scheme of the Penal Code in dealing with the two offences.

This classic distinction addresses the varying degrees of gravity in causing death. Culpable homicide refers to the generic offense of causing death with the intention or knowledge specified under the Penal Code. Murder is the gravest form of culpable homicide, committed under specific, severe conditions (e.g., intention to cause death, intention to cause dangerous bodily injury known to be likely to cause death, or lack of excuse). The scheme of the Code places culpable homicide as the broader category, and then carves out murder by removing acts that fall under the specific exceptions (e.g., grave and sudden provocation, right of private defense exceeded).

Q. Discuss the stages of a crime with particular reference to the law relating to attempt under the Indian Penal Code.

A crime typically progresses through four stages: Intention, Preparation, Attempt, and Commission.

Intention: The mental desire to commit the act. 

Preparation: Making arrangements or collecting tools for the crime. Preparation is generally not punishable. 

Attempt: The direct movement towards the commission of the offense after preparation has been made. Attempt is usually punishable. 

Commission: The successful completion of the intended crime. 

The equivocality test is sometimes used to determine whether preparation has matured into a punishable attempt. The difference between preparation and attempt lies in how close the act is to completion; preparation is remote, while attempt is the immediate step taken towards the commission of the offence. 

Q. A attacks B. B has ample opportunity to save himself by running away from the scene. B, however, does not retreat and decides to defend himself. In the process, B causes injury to A. Was B validly exercising his right of private defence?

The right of private defence is a recognized exception to criminal liability. While the question suggests B had an opportunity to retreat, the right to private defence generally does not mandate retreat when a person is threatened. If B was genuinely acting to prevent injury to himself, he may be validly exercising his right, even if he did not retreat. The law emphasizes that the right of self-preservation takes precedence over the duty to flee.

2. Law of Torts

Q. Discuss 'strict liability' in the light of leading cases and distinguish it from the concept of 'absolute liability'.

• Strict Liability (Rylands v. Fletcher): This doctrine holds a person liable without proof of fault or negligence if they bring onto their land something dangerous that escapes and causes damage. The rule requires proof of three elements: (1) introduction of a dangerous thing, (2) escape, and (3) non-natural use of land. Strict liability allows for specific defenses (e.g., act of God, consent of the plaintiff). 
• Absolute Liability (M. C. Mehta v. Union of India): This principle, laid down by the Supreme Court, modifies the Rylands v. Fletcher rule in the context of hazardous industries in India. Absolute liability is stricter; it holds that an enterprise engaged in hazardous activity that causes harm is absolutely liable. Crucially, under absolute liability, no exceptions or defenses are permitted.

Q. Explain 'damnum sine injuria' and 'injuria sine damno' with the help of decided cases.

These are two maxims fundamental to Tort Law:

Damnum sine injuria (Damage without injury): Refers to cases where actual harm or loss (damnum) has occurred, but no legal right (injuria) of the plaintiff has been violated. Since no legal right is infringed, no action lies. 

Injuria sine damno (Injury without damage): Refers to cases where a legal right (injuria) has been infringed, but the plaintiff has suffered no actual, measurable loss (damnum). In these cases, an action still lies, recognizing the violation of the legal right (e.g., trespass, wrongful confinement, or voting rights interference). 

Questions on Civil & Commercial Statutes in Odisha Judiciary Mains Exam (Papers IV & V) 

1. Law of Contract & Commercial Law (Paper IV)

Q. Define 'consideration'. "No consideration no contract." Comment. Also, explain the doctrine of 'Privity of Contract' and give an account of the exceptions to the doctrine.

• Consideration: Consideration is an essential element, defined as something of value given or promised by one party to induce another to enter into a contract. The maxim "No consideration no contract" (or nudum pactum) reflects the rule that an agreement without consideration is void, subject to statutory exceptions (e.g., agreements based on natural love and affection, or promises to pay a time-barred debt). 
• Privity of Contract: This doctrine stipulates that only parties to a contract can sue or be sued on that contract. A stranger to the consideration may sue in India (unlike English law), but a stranger to the contract generally cannot. The sources require an account of exceptions to this doctrine, which often include trust, charge on specific property, marriage settlements, or cases where an outsider is deemed to be acting as an agent. 

Q. Explain the rule of caveat emptor and state how far it is modified by implied conditions.

The rule of caveat emptor means "let the buyer beware". Historically, it placed the entire risk and responsibility for the quality or fitness of goods on the buyer.

Modification by Implied Conditions (Sale of Goods Act): The rule is significantly modified by implied conditions which protect the buyer. These implied conditions create statutory exceptions where the seller is liable: 

Condition as to fitness for a particular purpose (if the buyer makes the purpose known to the seller). 

Condition as to merchantable quality. 

Condition as to sale by description or sample. 

Q. Dishonour of a cheque for want of funds is an offence under the Negotiable Instruments Act. Do you agree with this statement? Discuss.

The statement is generally agreed upon in law. Section 138 of the Negotiable Instruments Act deals with punishment for dishonour of cheques. The core requirement is that the cheque must be dishonored either due to insufficiency of funds or if the amount exceeds the arrangement with the bank. The provisions detailing the essential steps (presentation, notice, non-payment) must be strictly followed for the dishonour to constitute an offense leading to prosecution and punishment.

2. Law of Property (TPA, SRA, Limitation) (Paper V)

Q. Who is an 'Ostensible Owner'? Under what circumstances a transfer of immovable property by an Ostensible Owner is binding on the real owner.

An 'Ostensible Owner' is defined as a person who is not the real owner but has all the apparent indicia of ownership, leading third parties to believe they are the true proprietor.

A transfer by an ostensible owner is binding on the real owner under the principle of Doctrine of Equitable Estoppel (Section 41, TPA). The binding conditions are: 

The real owner must have consented or permitted the ostensible owner to hold themselves out as the owner. 

The transferee (buyer) must have acted in good faith, believing the transferor was the real owner. 

The transferee must have taken the transfer for consideration. 

Q. Explain the 'Right of Redemption' under the Transfer of Property Act, 1882. What is meant by "CLOG ON REDEMPTION"? When is it valid?

The Right of Redemption is a critical right of the mortgagor, allowing them to recover the mortgaged property upon payment of the mortgage money. This right subsists until it is extinguished by an act of the parties or by a court decree.

A "Clog on Redemption" refers to any stipulation inserted into a mortgage deed that tends to prevent or obstruct the mortgagor from exercising their right to redeem the property once the debt is paid. It is a fundamental principle in property law that the right to redemption cannot be taken away or limited by any collateral agreement at the time of the mortgage. Any such stipulation is generally void. The source asks when a clog is "valid," implying an exception, which usually occurs when a separate, independent covenant is made after the execution of the mortgage, or if the stipulation is not unconscionable or unfair. 

"It is difficult and undesirable to attempt to define the meaning of 'sufficient cause', it must be determined by the circumstances of the particular case." Discuss this statement with reference to the provisions of the Limitation Act, 1963.

This statement relates to Section 5 of the Limitation Act, 1963, which allows courts to extend the prescribed period of limitation for filing appeals or applications (but not suits) if the applicant satisfies the court that they had "sufficient cause" for not filing within the period.

Since the term 'sufficient cause' is not defined in the Act, its application is left to the discretion of the court, based on the specific "circumstances of the particular case". The judicial approach is generally pragmatic, focusing on whether the delay was due to negligence or lack of bona fides. The principles for extension under Section 5 require that the cause must be genuine and relate to an impediment beyond the party's control. 

Personal Law & Procedural Essentials in Odisha Judiciary Mains (Papers VI & VII) 

1. Personal Law (Paper VI)

Q. 'Judicial separation is half-way house between Restitution of Conjugal Rights and Divorce.' Comment.

This comment reflects the gradations of remedies available under the Hindu Marriage Act, 1955.

Restitution of Conjugal Rights (RCR): This remedy aims for the lowest level of separation, forcing estranged spouses to live together. 

Judicial Separation: This is the middle path. It does not dissolve the marriage but relieves the parties of the obligation to cohabit, allowing them to live apart. However, it keeps the marital bond intact. 

Divorce: This is the highest level of separation, resulting in the dissolution of the marriage. 

Judicial separation is deemed the "half-way house" because it allows parties time to rethink or potentially reconcile, and the grounds used for separation can usually be converted into grounds for divorce after a specified statutory period. 

Q. What is dower (Maher) in Muslim Law? Discuss the nature, amount, claim of Maher and Maher when payable.

Dower (Maher) is a crucial concept in Muslim Marriage.

• Definition: Dower is a sum of money or property that the wife is entitled to receive from her husband as an essential incident of the marriage contract. It is often emphasized that Maher is neither consideration nor dowry; it holds a unique position. 
• Nature: It is a debt owed by the husband to the wife. 
• Payment (When Payable): Dower can be:  
• Prompt Dower: Payable immediately upon demand by the wife. 
• Deferred Dower: Payable upon the dissolution of marriage (by death or divorce). 

A Muslim widow has the right to retain her husband's property in lieu of unpaid dower until the debt is satisfied, though this right does not confer ownership of the property upon her. 

2. Procedural Laws (Paper VII)

Q. Define the terms 'Information' and 'First Information Report' and compare them with the term 'Complaint'.

These terms delineate the ways criminal justice is set in motion:

Information: Any knowledge conveyed to a police officer regarding the commission of an offense. 

First Information Report (FIR): The specific "information" relating to the commission of a cognizable offense, reduced to writing under the Criminal Procedure Code. The value and use of the FIR are immense, as it sets the investigation into motion. 

Complaint: An allegation made orally or in writing to a Magistrate (not police) that some person has committed an offense, with a view that the Magistrate should take action. 

Comparison: An FIR deals only with cognizable offences reported to the police. A Complaint is made directly to a Magistrate and can relate to both cognizable or non-cognizable offenses. 

Q. "Bail is the rule whereas jail is an exception." Please justify this statement with the help of some of the prominent decided cases.

This maxim reflects the judicial philosophy regarding personal liberty under Article 21 of the Constitution.

• Justification: The statement confirms that detention (jail) pending trial should be the exception, reserved only for cases where the severity of the crime, the risk of absconding, or the potential for tampering with evidence necessitates it. The presumption of innocence dictates that freedom (bail) should be granted unless a compelling reason exists for denial. 
• Case Law: The justification must be supported by "prominent decided cases". While the specific cases are not detailed in the source, this question requires citing landmark judgments that solidify this fundamental right to liberty during the pre-trial phase (e.g., State of Rajasthan v. Balchand or Gurbaksh Singh Sibbia v. State of Punjab in the context of anticipatory bail). 

Q. An execution court can neither go behind the decree nor question its legality or correctness. Is there any exception to this rule? If so, what?

This is a foundational principle of the Code of Civil Procedure (CPC) regarding the powers of the Executing Court. Generally, the Executing Court must take the decree as it stands and proceed to implement it, without questioning whether the decree was correctly passed on facts or law.

Exception: An important exception exists. The executing court can go behind the decree if it finds that the court which passed the decree lacked inherent jurisdiction to do so. If the decree is a nullity (i.e., passed without subject matter or territorial jurisdiction), the executing court is empowered to refuse execution. 

Q. Discuss dying declaration and its evidentiary value.

A dying declaration is a statement made by a person as to the cause of their death, or as to the circumstances of the transaction that resulted in their death.

Evidentiary Value: It is a critical piece of evidence and is admissible as an exception to the rule against hearsay. If the dying declaration passes the "test of scrutiny," it can be relied upon as the sole basis of conviction. The "test of scrutiny" highlights the need to ensure the deceased was of sound mind, not influenced, and the statement was voluntary and trustworthy, given the declarant is unavailable for cross-examination. 

Key Takeaways for Odisha Judiciary Mains Preparation 

1. Procedural Depth: Questions demand detailed knowledge of the concept of law. 
2. Maxims and Doctrines: Be prepared to elucidate legal maxims with relevant case law. 
3. English Language Proficiency (Paper I): Consistent focus on Essay Writing, Precise writing, and Translation (Odia to English and English to Odia) remains a high-weightage component of the Odisha Judiciary Mains. 

Conclusion

The Odisha Judiciary Mains examination consistently demands not just broad knowledge but a high degree of conceptual clarity, strong analytical writing skills, and the ability to integrate case law into descriptive answers. Keep solving mocks and practice answer writing for scoring good in the exam. Best of luck for the exam!