WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)
CIVIL LAW
12th December, 2004
Time: 03 hours Max. Marks 100
All Questions are compulsory and all questions carry equal marks.
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- Write short notes on
- a) Leave to sue b) Representative suit
- c) Locus standi d) Material alteration
- What are the precautions to be taken for recording a compromise in which a minor plaintiff or defendant is a party? Explain.
- How a lease of immovable property is determined? What is the period of notice of termination of a lease of immovable property for agricultural or manufacturing purposes?
Define vested interest and contingent interest in a property.
- Whether a document compulsorily registered but not registered can be admitted in evidence, and if so for what purposes?
- What are the basic principles governing the grant of Temporary Injunctions? Elaborate the said principles and explain that when injunction can be granted to restrain encashment of unconditional bank guarantee?
- b) Can mandatory injunction on an interlocutory application be granted? State the principles and circumstances?
- c) Whether the court has inherent Jurisdiction to grant an injunction? If, so when such inherent jurisdiction can be exercised?
- What are the essential allegations which a plaintiff must be alleged and proved before a decree for specific performance of an agreement can be granted in his favour?
- What are the essential conditions for the application of the doctrine of part performance embodied in S.53A of TP Act? Explain who can avail the benefit of the doctrine and for what purpose?
- When does a suit abate and what is the effect of the abatement?
What difference does it make if any of the parties die after hearing?
Does partition suit abate on the death of a sole plaintiff? What are the options open to the defendant in such a case when the legal representatives of the deceased plaintiff do not take any steps?
- What is the mode of proof of will?
- What are the distinguishing features between estoppel and resjudicata – elaborate quoting the relevant provisions.
WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)
CRIMINAL LAW
12th December 2004
Time: 03 hours Max. Marks 100
All Questions are compulsory and all questions carry equal marks.
- A minor issues a Cheque in the discharge of a liability and it was dishonored, whether he is liable to be prosecuted under S.138 of the Negotiable Instruments Act.
- What is the purpose of framing a charge? What are the matters to be borne in mind in the matter? Highlight the provisions concerned in the Cr.P.C.
- Write a short note of the following:
- a) Hostile witness b) Refreshing memory
- c) Dying declaration d) Hearsay evidence e) Public documents.
- What are the essential ingredients to constitute offence u/S.138 of Negotiable Instruments Act?
- a) State briefly the Difference between theft and extortion
- b) State briefly the Difference between Robbery and Dacoity
- How information of commission of the cognizable offence is registered by the police? Is there any remedy to the person aggrieved by the refusal on the part of the police to record the information?
- When is a case said to be committed to the Court of Session? What must the magistrate do while committing the case to the Court of Session?
- Is the offence of criminal breach of trust by public servant or by Banker triable by the court of Magistrate of the First Class? Can the magistrate impose a sentence of life imprisonment?
- When is Magistrate said to take Cognizance of offence? What are the options left with Magistrate:-
- a) Upon receipt of a complaint made to him
- b) Upon receipt of police report
- c) After cognizance is taken
- d) On receipt of the complaint by a Public
- What are essentials of Dying Declaration and mode of recording it? What are the precautions magistrates shall take while recording dying declaration?