PREVIOUS MAINS EXAM QUESTION PAPERS

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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  1. Write a Judgment briefly stating reasons w.r.t the material supplied besides framing issues

 

  1. 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.

 

  1. a) What are the powers of the civil court in incidental and supplemental proceedings.
  2. b) What are the principles regarding exclusion of jurisdiction of the civil court?

 

  1. a)When can a trial of a stay the suit on the ground that another suit previously instituted is pending?
  2. b) What is meant by constructive resjudicata?

 

  1. a) What is the burden of proof?
  2. b) In a civil case, when the character of any person is relevant?
  3. c) Expert evidence is not always binding on the court. Write a brief note on this.
  4. d) When transfer of property may be made orally?

 

  1. 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.

 

 

  1. Write short notes on the following:
  2. a) Feeding the grant by estoppel b) Estoppel of tenant
  3. c) Secondary evidence d) Necessary party and proper party

 

  1. 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.
  2. b) Under what circumstances the court can strike out pleading.

 

  1. Once a mortgage is always a mortgage. Explain

 

  1. 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.

 

 

  1. Write your judgment briefly stating reasons with reference to the material supplied herewith (FIR, Charge-sheet, and Evidence).

 

  1. a) What is meant by ‘taking cognizance’ by Magistrate? What are the options and limitations imposed while taking cognizance?
  2. b) How confessional statements are recorded by a Magistrate? What precautions must the magistrate take before the recording of confessional statement?

 

  1. Distinguish between:
  2. a) Common object and Common Intention
  3. b) Abetment and Criminal Conspiracy
  4. c) Theft and Extortion
  5. d) Admissions and Confession

 

  1. 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?

  1. 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?

  1. 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?

  1. b) Can an accused person examine himself as a witness?
  2. c) Explain the salient features and distinguish the procedure to be followed in a trial of warrant case from a Summons case.

 

  1. Write a short note on
  2. a) Hearsay evidence
  3. b) Public document
  4. c) Public servant
  5. d) Hostile witness.

 

  1. Whether a Criminal court can review its own Judgment or order after it is signed? Explain.

 

  1. 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.

 

  1. No confession made to a police officer shall be proved against a person accused of any offence. Elucidate?

 

  1. Write a Short note on whether conviction can be based on the uncorroborated testimony of:
  2. a) An accomplice
  3. b) Approver
  4. c) Prosecutrix
  5. d) Child witness.

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