Prelims Jr.Civil Judge Exam by High court of Hyderabad on 12/07/2015

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Dear aspirant, 

PALSAR with the aid of its students from their memory could gather following questions asked in the exam. Apart from that it suggested safest answers and we claim no responsibility of their correctness and it is subject to decision of the High court.  This is only for educational purpose and for no other reason.

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Prelims Jr.Civil Judge Exam by High court of Hyderabad on 12/07/2015

1. S.72 of Contract Act deals with unjust enrichment
2. Court is under an obligation to apply S.10 of CPC. It is mandatory.
3. Adultery u/S.497 IPC is punishable is with five years imprisonment
4. Third days is the imprisonment for non-payment of maintenance u/S.125 Cr.P.C
5. Under Cr.P.C District & Sessions Judge has no power to quash the F.I.R.
6. 376 (d) : It is about rape on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or    S.376(g):–  commits rape during communal or sectarian violence.
7. Husband is not entitled to maintenance u/S.125 Cr.P.C.
8. The mother can acquire property of her daughter, who died intestate provided following are not there:   1) Sons, 2) Daughters or children of Sons and Daughters and 3) Husband.
9. S.191 IPC defines perjury (false evidence) and it is punishable u/S.193 IPC
10. An offence can be compounded provided it is listed u/S.320 Cr.P.C
11. S.38 of Specific relief Act sets out grounds for granting Perpetual injunction
12. S.31 Specific Relief Act talks about cancellation of instrument or decree.
13. Restitution of conjugal right petition can’t be allowed in favour of HIV patient
14. S.27 of limitation act talks about extinguishment of right in property upon expiry of limitation period.
15. The period for acquisition of Easement by way of prescription over government property is thirty years.
16. Time for issuing statutory notice in case of dishnonour of cheque is thirty days.
17. In a Suit for specific performance of contract plaint shall aver and prove readiness and willingness as per S.16(c) of the Specific Relief Act.
18. O.6 R.17 CPC- Amendment of pleadings can be allowed at any stage provided court comes to conclusion that despite exercise of due diligence the party could not have raised before commencement of trial.
19. There is no 1^st appeal against a claim whose value of subject matter is less than Rs.10,000/-
20. Suit has to be instituted in lowest court of pecuniary limits or lowest grade which has a competency to try – S.15 CPC.

21. A files a suit and was returned to comply with certain objections within 15 days but forgot to file within 15 days then the court to may permit for extension of time u/s. 148 of CPC.
22. Clerical and arithmetical errors can be carried out even after pronouncement of judgment (S.154 CPC).
23. Court has power to condone delay in appeals filed u/o 41.R 3A CPC.

24. In offences u/s 354 or 376 IPC, evidence of the character of the victim of or such person’s previous sexual experience with any other person is not relevant.
25. Accused Good character is relevant.
26. S.11 IEA- Facts which are inconsistent with fact is issue are relevant
27. Preparation is also punishable with respect to certain offences.
28. The punishment for attempt to commit offence is ½ of the punishment provided for that offence.
29. Rent control act is not applicable to rent exceeding Rs.3500/- Hence, for rent of Rs.4000/- it is not applicable.
30. Will must be in writing and attestation is mandatory. Registration is optional.
31. Plaint shall contain material facts but not evidence or law
32. Industrial disputes Act bars Jurisdiction of civil court.
33. As per Cr.P.C complaint can either oral or written to a magistrate. It shall not be to a police.
34. Extra-judicial confession is not substantive piece of evidence
35. A judgment passed by a court having no jurisdiction doesn’t operate as resjudicata
36. Inquest speaks about apparent cause of death.
37. Agent can’t appoint sub-agent unless expressly permitted.
38. O.I Rule.8 talks about representative suit.
39. Mutatis mutandis phrase meaning “the things being changed which need to be changed” or more simply “the necessary changes having been made”.
40. Unduly stamped document can be impounded by any public servant or court but not police officer.
41. Agent damaged the property of other in the course of his duties and in such case principal is liable.
42. Person dispossessed from immovable property must file a case within six months as per S.6 of the Specific relief Act.
43. Where in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence – U/s 319 Cr.P.C
44. S.138 is a Compoundable offence
45. Injury under IPC relate to: mind, body, reputation, property.
46. Inconsistent pleas can be raised in written statement
47. As per Rule.37 of Criminal rules of Practice one accused can represent the other accused.
48. Seven years boy committed an offence, he is exempted from criminal liability as S.82 IPC
49. A married B, later child ‘C’ was born to them. Thereafter marriage is declared as void, however, child remains to be Legitimate (S.16 Hindu Marriage Act,1955).
50. Will need not be registered
51. Third party exhibits are marked in X series.
52. A sold motor car to C. Registration is not required. It is a movable property.
53. In Mortgage registration and attestation are mandatory.
54. S.10(c) grounds for eviction under rent control Act – armed forces.
55. For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed, — 12 years
56. Section 5 of Limitation Act does not apply to – Provisions of O.XXI CPC.
57. The jurisdiction to decree specific performance is – Discretionary.
58. Hindu Marriage Act is not applicable to – Parsis
59. If either of the party to has marriage has spouse at the time of marriage, it is Void Marriage.
60. Marriage occurred due to fraud – Voidable
61. Cancer is not a ground for divorce.
62. Desertion for two years is a Ground for divorce.
63. Maintenance pendete lite and expenses of proceedings can be filed u/s 24 of HMA by   — Either wife or husband.
64. Judicial work can be done on holiday in exceptional circumstances with the consent of both the parties.
65. After conclusion of trial and arguments, the court came to know that court has no jurisdiction and in such case, Suit has to be returned to file before proper Court.
66. The fair copy of judgment required for record in the Court shall be prepared within five days.
67. Normally, in civil cases when judgment is reserved, it shall pronounce within thirty days.
68. Execution of probate of wills is Optional.
69. Execution of Perpetual injunction shall be under – O.21 Rule.32 CPC
70. Books of Accounts is not liable for attachment S.60 CPC.
71. As per S.80 CPC notice is mandatory to file a suit against the Government.
72. A suit to be filed by or against the Central Government Union Govt. represented by the Secretary to the government. .
73. Public interest litigation under CPC can be filed – U/s 91 CPC
74. A person files a suit for several reliefs but omits to seek to certain reliefs and as such subsequently, he is barred from claiming reliefs which were omitted.
75. Doctrine of “Non-Traverse”:- O.VIII Rule.3, 4 & 5 CPC.
76. Orders passed by the Civil Court u/O.21 R.97 are subject to Revision only.
77. Execution of mortgage deed may be at place where immovable property is situated.
78. The easement by prescription cannot be granted for Easement by utilizing ground water
79. Acquisition of easement by prescription – Twenty years
80. U/s. 10(3) of R.C.Act who can be put into possession – Land Lord
81. A contract which is not void generally – Valid Contract.
82. In a contract, though penalty is agreed, for breach of contract, court ahs discretion either to award such penalty or such reasonable compensation not exceeding the amount so fixed for.
83. M direct N to damage the house of C and M says he will indemnify for the consequences to N. N damages house of O. Then M is liable for damages to O
84. The liability of sureties is co-extensive with that of Principal Debtor (S.126 of Contract Act)
85. Novation means – Substitution of new contract with the old one
86. The agreement of sale is doesn’t create charge or interest over the immovable property. However, if the seller wrongfully declines to deliver the property, buyer has charge over the property to the extent of pre-paid purchase money.
87. Mortagor transfer his property with a condition that it shall be re-transferred after payment of due amount – English Mortgage.
88. Motive and preparation are – Relevant facts
89. If a document is required by law to be attested then atleast one attester shall testify
90. Attesstor need not know the contents of the documents.
91. A court has passed orders for permanent maintenance and filed a petition after 3 or 4 years to enhance maintenance. Whether it is maintainable – Yes
92. Police has no power to re-investigate the case after filing charge sheet.
93. The Magistrate can dispense with the personal attendance of the accused and permit him to appear by his pleader as per S.205 Cr.P.C.
94. The offence u/s 497 is compoundable with the permission of the Court.
95. The High court and sessions court has power of revision in Criminal cases.
96. A finds a key of Z’s house door, which Z had lost, and commits house trespass having opened the lock with key. – House breaking
97. Conviction can be given basing on sole testimony of dying declaration.
98. The court has to make copy of the judgement made available to the parties within five days of its pronouncement.

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