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WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)

8^th November, 2015

Time: 03 hours                                                         Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

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PART-A

1.a) In a contested suit in City Civil Court, Hyderabad, Plaintiff has led and closed evidence. Defendant failed to lead evidence in spite of opportunities. Hence the defendant’s evidence was closed. The court heard arguments of the plaintiff and decreed the suit on merits. What is the nature of decree, whether ex parte or contested? Explain.  (3 Marks)

1. b) What is the remedy available to the defendant? (2 Marks)

2. a) A registered lease of a building under the Transfer of Property Act original term expired. Whether the tenant can claim oral renewal? Explain. (2 ½ Marks)
3. b) The tenancy of a mortgage, whether such tenancy survives on redemption of the mortgage? (2 ½ Marks)

3. a) Explain when a license is not revocable by grantor (2 Marks)
4. b) A filed a suit for specific performance of an agreement of sale against ‘B’. Pending the said suit, the defendant/owner transferred by a registered sale deed the suit schedule property to ‘C’ who got impleaded as defendant no.2. ‘C’ (defendant no.2) seeks to file a written statement by raising several defenses, not pleaded by ‘B’ (defendant no.1). Whether ‘C’ (defendant no.2) can be allowed to plead new grounds of defense? Explain. (2 Marks)

4. Explain the following:
5. a) Rule against perpetuity with its exceptions (3 Marks)
6. b) Condition restraining alienations with exceptions (3 Marks)

5. a) Briefly narrate the postulates of S.29A of the Hindu Succession Act,1956. (3 Marks)
6. b) A, the daughter of B, who is the head of a joint Hindu family was married after 5/9/1988 i.e., the commencement of S.29A of the Hindu Succession Act. She brought an action seeking partition again B and her brothers C and D. The defence of the defendants is that partition took place among them on 6/10/1984. Whether A is entitled to a decree for partition? Your answer must be supported by reasons. (3 marks)

6. Whether failure on part of the tenant in paying the rents on the ground that he entered into an oral agreement of sale with owner of the property to purchase the same would amount to wilful default on the part of the tenant in payment of rents under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 and whether he is liable to be evicted straight away on that ground?

7. Elaborate on and discuss in detail the disqualifications of heirs under the Hindu Succession Act, 1956 and Explain what will happen if there are no qualified heirs to inherit the property of the deceased. (4 marks)
8. Explain the concept of the agency under the Indian Contract Act, 1872 with reference to how an agency may be created and terminated. (5 Marks)

Or

1. a) K, the Hindu widow of R, Hindu himself, sold a house to N in January 1954 though there was no legal necessity. S, the reversionary of R , file a suit challenging the said sale and sought a declaration of his title over the said house. During the pendency of the suit, the Hindu contested by N that K became full owner of the said house as the Hindu Succession Act, 1956 had come into force by the date K died and hence, the sale by her in his favour is protected. What is the legal position? Discuss (3 marks)

2010. b) P married X in 1976 and had B, a son by her. P then married Y in 1986, while still married to and during the lifetime of X, and had C a daughter by her. P died intestate in 2010. Would Y and or C have any right in law to inherit a share in ‘P’s property? P, X, B, Y and C are all Hindus. Explain. (2 Marks)

PART-B

1. a)Distinguish between Common object and Common Intention

or Difference between House Trespass and Criminal trespass.

(3 marks)

1. b) State briefly the Difference between theft and extortion

or State briefly the Difference between Robbery and Dacoity

(3 marks)

2. a) When can the court invoke the burden of proof under S.106 of the Indian Evidence Act? Or
3. b) In your own words, narrate two exceptions to S.300 of the IPC showing as to when culpable homicide is not murder (4 marks)

3) a) Is imposition of fine, while convicting the accused for an offence punishable under S.302 IPC and sentencing him to death, mandatory and if so under what provisions of law? (3 marks)

1. b) Which is the proper court having territorial jurisdiction for filing a private complaint about an offence under S.138 of the Negotiable instruments Act?

4. a) Whether a person below 18 years at the time of the incident can claim benefit of the Juvenile Justice (Care & Protection of children) Act, 2007 any time? (2 marks)
5. b) Wife filed a petition under S.125 of the Cr.P.C for maintenance against her husband and she has been awarded maintenance of Rs.10,000 per month as against her claim for Rs.50,000/- per month. Wife subsequently, files an application under S.20 of the Protection of women from Domestic violence Act, 2005, seeking monetary relief by stating that the maintenance awarded under S.125 Cr.P.C is meager. Having been awarded the maintenance under S.125 Cr.P.C is the wife’s claim for the same under the Protection of women from Domestic violence Act, 2005, maintainable?

5 a) Whether wife can file a petition under the Protection of women from Domestic violence Act, 2005, complaining of domestic violence occurred before the commencement of the Act and when she was not residing with her husband at the time of coming into force of the said Act?

1. b) Is deprivation of financial resources a ground for filing a petition under the Protection of women from Domestic violence Act, 2005? (3 marks)

6. Define the following offences indicating the relevant provisions in the IPC and punishment prescribed, therefore: (6 marks)
7. a) Voluntarily causing grievous hurt by use of acid
8. b) Sexual harassment
9. c) Stalking

7. a) What is the punishment for a person previously convicted of an offence under S.376 or S.376A or S.376 D of the IPC and is subsequently convicted of an offence punishable under any of the said sections? Or
8. b) State the instances when the right of private defense of property extends to causing death? Or
9. c) Define ‘Criminal conspiracy’? what is the punishment prescribed for ‘Criminal conspiracy’ under the IPC?

8. Define the following offenses mentioning relevant provisions and state the punishment prescribed thereof:
9. a) Dishonest misappropriation of property possessed by deceased person at the time of his death (3 marks) or
10. b) Dishonestly receiving property stolen in the commission of a dacoity
11. c) Mischief by fire or explosive substance with intent to destroy the house, etc.