Jr. Civil judge written exam dated: 19^th february 2017

Conducted by high court of judicature: Hyderabad.

            Time: 03 hours                                                                            Max. Marks 80

Part-A consits of Eight questions and Part-B consists of Eight questions. Answer Five questions from Part-A and Five questions from Part-B, question no.8 in part A & B is compulsory.

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PART-A

1.(a) What are the provisions of CPC not extended to Provincial small cause courts? (4M)

(b) Explain the following: (i) Precepts (ii) Constructive Resjudicata (4 Marks)

2(a)Whether there are any special provisions for recovery of possession of premises owned by members of armed forces, employees of State and Central government and widows under the A.P.Building (Lease, Rent, and Eviction) Control Act, Explain?

(b) What is an increase in the fair rent, fixed under S.4 of A.P.Building (Lease, Rent, and Eviction) Control Act, permissible as per the provisions of the Act? (4 Marks)

3(a) Define Transfer of Property? What Property may be transferred and what are the exceptions? b) How can payments be appropriated in the following cases

(i) Where debt to be discharge is indicated?

(ii) Where debt to be discharged is not indicated?

(iii) Where neither party appropriates?

4 (a) What is meant attested? Explain the procedure to prove compulsorily attestable documents under the Indian Evidence Act and the Indian Succession Act?  (4 marks)

(b) Define “Onerous Gift”. Explain the circumstances when a gift can be revoked?

5(a) When can an injunction be refused under Specific relief Act 1963? (4 Marks)

(b) What is meant by “anti-suit” injunction and when can such injunction be granted or refused? (4 Marks)

6(a)Define Easement, Easement by necessity and Quasi Easements? (4 Marks)

(b) How is an easement by Prescription acquired? (4 marks)

(c) What Rights cannot be acquired by Prescription? (2 marks)

7 (a) What are the properties exempted from the application of the Hindu Succession Act, 1956? (4 marks)

(b) Explain the mode of execution of the following decree with to the relevant provisions of CPC 1908? (4 Marks)

1. i) Specific Performance
2. ii) Permanent Injunction

iii) Restitution of Conjugal rights

8. A the owner of vacant Land (property), settled the same in favour of B Municipal corporation by executing a registered settlement deed with absolute rights but directed B to use the property for establishing Urdu girls High School and run the same, if B fails to use the property as directed by A. A is entitled to recover possession of the same.

As B failed to establish and run Urdu girls High School in the property settled a filed suit against B for recovery of possession of the property in view of the specific condition in settlement deed.

B filed written statement contending that a school is being run in the property though not Urdu girls High School and the property is being used for official purposes only. It was further contended that A is not entitled to recover possession as the transfer is with the absolute right, and the direction to use the property is invalid.

Both parties adduced evidence in support to their specific pleas

Is A entiled to recover possession of property in view of violation of the direction in the settlement deed?

Write Judgment with reasons  (8 Marks)

PART-B

1. Define Domestic relationship and Domestic Violence with reference to specific provisions of the Protection of Women from Domestic Violence,2005 (8 Marks)

2 (a) Explain briefly the special provisions as to evidence relating to electronic records, and the procedure to be followed to admit such electronic records in evidence under the provisions of the Indian Evidence Act 1872 (4 Marks)

(b) What includes secondary evidence and when secondary evidence relating to documents may be permitted under the provisions of the Indian Evidence Act,1872 (4 Marks)

3. Explain the procedure to be followed by the Magistrate as per the Criminal rules of Practise and Circular orders

a) To record dying declaration of injured

b) To conduct test identification parade of suspect

c) To conduct Identification of property (8 Marks)

4. Write a short note on the following:

a) Abetement b) Criminal Conspiracy c) Grievous Hurt d) Affray      (8 Marks)

5. Write a note on Charges, contents of Charge and the effect of errors or omissions which have occasioned in framing a charge? (8 Marks)

6. Explain the procedure to be followed in summary trials with reference to the provisions of Cr.P.C,1973 (8 Marks)

7. Explain briefly the general exceptions enumerated under the IPC? (8 Marks)

8. A borrowed an amount of Rs.10,00,000/- (Ten Lacs only) for the business purpose from B and executed a promissory note in faovur of B on 13/7/16 agreeing to repay the same together with interest @1`2% per annum either B or to his order as and when demanded.

Inspite of demands made by B, A didn’t discharge the debt due to B but issued a blank signed Cheque dated:12/12/2016 for Rs.2,00,000/- (Two Lacs only). B after filling the blanks in the cheque presented for collection with collecting bank. Before the presentation of a cheque for collection A addressed a letter to his banker to Stop payment. In view of direction, the baker dishonored the cheque with return memo on the ground of instructions to stop payment. Within one-month after receipt of the cheque return memo dishonoring the cheque, B issued notice demanding A to make payment of amounts covered by the cheque to the address of A by registered post but the notice was returned with endorsement ‘not claimed’. Thereupon B filed a complaint with in time for the offense punishable under S.138 N.I Act.

A raised the following defenses:

a)Issue of blank signed cheques is not valid

1. b) It was not issued to discharge any part or whole of the legally enforceable debt
2. c) Dishnour of cheque on account of Stop payment instructions would not amount to an offense punishable under S.138 N.I Act.
3. d) No notice as required under S.138 of Act was served, while admitting the address on the registered cover to be the correct address, he, however, contained that the complaint liable to be dismissed.

During trial B examined himself as PW1, the scribe of Promissory note and the manager of the payee bank were examined as PW2 & PW3 respectively. B marked the pronote, the cheque dishonour memo, the office copy of the legal notice and returned registered demand notice as exhibits P1 to P6. He proved the execution of pro-note, issue of the cheque, dishonour of cheque with return memo, demand by registered notice and failure to pay the amount covered by the cheque.

After completion of complainant’s evidence, A was examine dunderS.313 Cr.P.C he reported no evidence

Is A liable for punishment for the offense punishable under S.138 N.I Act?

Write Judgment with reasons (8 Marks).

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PALSAR

JR.CIVIL JUDGE (SCREENING EXAM)

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