WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)

CIVIL LAW

14^th March 2004

Time: 03 hours                                                           Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

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1. Distinguish lease from licensee.

Explain and distinguish ‘tenancy by holding over’ and ‘Tenancy by Sufferance’.  What are the various modes by which lease can be terminated?

2. Define the ‘Contract of Guarantee’, Surety, Principal debtor and creditor. What is the nature of liabilities under contracts of Indemnity and Guarantee?

3. When the vendor fails to complete the sale, what are the remedies of the buyer?

4. What is the mode of proof of a document required by law to be attested? How does it differ from mode and manner proof of will?

5. The Law of limitation does not extinguish the right of a party but only prescribes a statutory period after which the remedy to enforce the right is barred. Explain proposition w.r.t the law relating to adverse possession.

6. Define Easement. What are the requirements for acquiring an easement by prescription?

7. a) What principles are applied in dealing with applications for grant of an order of injunction and in particular injunction to restrain encashment of unconditional bank guarantee?
8. b) Can mandatory injunction on an interlocutory application be granted? State the principles and circumstances?
9. c) Whether the court has inherent Jurisdiction to grant an injunction? If, so when can such inherent jurisdiction be exercised?

8. 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?

9. What do you understand by the territorial, pecuniary & inherent jurisdiction of the court? Elaborate and explain can there be a waiver of objection to territorial, pecuniary and inherent jurisdiction?

10. What is Bill of exchange? Is a Cheque Bill of exchange? Define Pro note and Negotiable Instrument? Who is a holder in due course?

WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)

CRIMINAL LAW

14^th March 2004

Time: 03 hours                                                        Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

1. State the procedure when the Judicial magistrate First Class cannot pass the sentence sufficiently severe and he is of the opinion that the accused ought to receive different kind from or more severe than that which such magistrate is empowered to inflict.

2. Define Public Servant as provided under the IPC.

3. What are the duties of the court when a person dumb or child is called as a witness to the court?

Explain the procedure for recording evidence of such witnesses and the evidentiary value of their testimony?

4. i) Can a person charged with an offence and put to trial be convicted for another offence? Illustrate the answer by an example.
5. ii) Explain the difference between discharge and acquittal?

iii) Can an accused be a witness in a case against him?

5. When is Magistrate said to take Cognizance of offence? What are the options left with Magistrate:-
6. a) Upon receipt of a complaint made to him
7. b) Upon receipt of police report
8. c) After cognizance is taken
9. d) On receipt of the complaint by a Public

6. a) State briefly the Difference between theft and extortion
7. b) State briefly the Difference between Robbery and Dacoity
8. c) Distinguish between Common object and Common Intention
9. d) The difference between House Trespass and Criminal trespass.

7. 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?

8. Can a sub-inspector of police who gets information that arrack is being distilled in a house, enter, search and seize the same at night without informing the excise officials and without warrant from a magistrate? If so, what are the precautions and procedural formalities that are to be followed to by him?

9. What are the Seven General Exceptions in Chapter IV of IPC? Illustrate.

10. What are essentials of Dying Declaration and mode of recording it? What are the precautions magistrates shall take while recording dying declaration?