WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)
CIVIL LAW
29th July 2007
Time: 03 hours Max. Marks 100
All Questions are compulsory and all questions carry equal marks.
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- Write a Judgment briefly stating reasons w.r.t the material supplied besides framing issues
- A executed promissory note in favour of B for an amount of one Lakh rupees on 1/1/2003 promising to pay B or order Rupees One Lakhs 30/6/2003. He didn’t pay the amount. B issued the notice demanding payment on 1/1/2007 and filed a suit for recovery of rupees one Lakh eighteen thousand which includes interest as on 1/7/2007 on the file of JCJ. A, defendant raised a plea that court of JCJ has no pecuniary jurisdiction and that the suit is barred by limitations. Write a brief note on the objections raised by the defendant.
- a) What are the powers of the civil court in incidental and supplemental proceedings.
- b) What are the principles regarding exclusion of jurisdiction of the civil court?
- a)When can a trial of a stay the suit on the ground that another suit previously instituted is pending?
- b) What is meant by constructive resjudicata?
- a) What is the burden of proof?
- b) In a civil case, when the character of any person is relevant?
- c) Expert evidence is not always binding on the court. Write a brief note on this.
- d) When transfer of property may be made orally?
- a) In a transfer of immovable property what are the rights and liabilities of the buyer.
Define Easement and explain dominant heritage and dominant owner and servient heritage and servient owner.
- Write short notes on the following:
- a) Feeding the grant by estoppel b) Estoppel of tenant
- c) Secondary evidence d) Necessary party and proper party
- a) If salary and allowances of the Judgment debtor who is a government servant are sought to be attached in execution of a money decree, what are the restrictions imposed by law on the power of the court.
- b) Under what circumstances the court can strike out pleading.
- Once a mortgage is always a mortgage. Explain
- Explain the provision in S.89 of the CPC.
WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)
CRIMINAL LAW
29th July 2007
Time: 03 hours Max. Marks 100
All Questions are compulsory and all questions carry equal marks.
- Write your judgment briefly stating reasons with reference to the material supplied herewith (FIR, Charge-sheet, and Evidence).
- a) What is meant by ‘taking cognizance’ by Magistrate? What are the options and limitations imposed while taking cognizance?
- b) How confessional statements are recorded by a Magistrate? What precautions must the magistrate take before the recording of confessional statement?
- Distinguish between:
- a) Common object and Common Intention
- b) Abetment and Criminal Conspiracy
- c) Theft and Extortion
- d) Admissions and Confession
- a)What are the safeguards to be adopted by the magistrate while conducting a test identification parade prepared by a Magistrate?
What is the probative value of the report of a test identification parade?
- b) What is Dying Declaration? What are the precautions magistrates shall take while recording dying declaration? When a dying declaration admissible in evidence?
5.a)What is the object and purpose of framing a charge? What are the factors to be considered while framing a charge?
- b) What is meant by committal to a Court of Session? What are the procedural requirements to be complied with while passing an order of committal?
6.a) What is the importance under S.313 Cr.P.C?
- b) Can an accused person examine himself as a witness?
- c) Explain the salient features and distinguish the procedure to be followed in a trial of warrant case from a Summons case.
- Write a short note on
- a) Hearsay evidence
- b) Public document
- c) Public servant
- d) Hostile witness.
- Whether a Criminal court can review its own Judgment or order after it is signed? Explain.
- A wife who is a resident of Hyderabad joined the husband at Pune immediately after marriage and lodged a complaint with the police at Hyderabad for the offences under S.498A, 406 IPC. Whether the courts at Hyderabad will have jurisdiction to try the said offences? Explain.
- No confession made to a police officer shall be proved against a person accused of any offence. Elucidate?
- Write a Short note on whether conviction can be based on the uncorroborated testimony of:
- a) An accomplice
- b) Approver
- c) Prosecutrix
- d) Child witness.