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

CIVIL LAW

4^th January, 2004

Time: 03 hours                                                           Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

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1. Write a brief notes on
2. a) Cause of action b) Misjoinder of cause of action
3. c) Misjoinder and non-joinder of parties d) Representative suit.

2. 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?

3. What are the basic principles governing grants of the temporary injunction? Elaborate those principles. Explain that when can injunction be granted to restrain encashment of unconditional bank guarantee?

4. Explain the following?
5. a) What is meant by the abatement of the suit?
6. b) What is the effect of the abatement?
7. c) What difference does it make if any of the parties dies after the hearing? d) Does partition suit abate on the death of a sole plaintiff?

5. What is an easement? Explain briefly-

a)Essential Characteristics of an easement

1. b) The methods of acquisition of easement

6. What are the essential allegations which a plaintiff must allege and prove before a decree for specific performance of an agreement can be granted in his favour?

7. What are the essential conditions for the application of the doctrine of part performance embodied in S.53A of Transfer of Property Act? Explain who can avail the benefit of the doctrine and for what purpose?

8. Write brief note on:-
9. a) Rule of estoppel b) Estoppel by record or Judgment
10. c) Estoppel by deed d) Estoppel in Pais or estoppel by conduct

9. Exceptions to the hearsay rule embodied in IEA

10. What consequences ensue on dishnoour of a cheque for insufficiency of funds in the account of the drawer? Write a brief note on the relevant provisions of the Negotiable Instrument Act.

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

CRIMINAL LAW

4^th January 2004

Time: 03 hours                                                         Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

1. Narrate the principles of law relating to the offence punishable under S.498A?

2. a) State briefly the Difference between theft and extortion
3. b) State briefly the Difference between Robbery and Dacoity
4. c) Distinguish between Common object and Common Intention
5. d) The difference between House Trespass and Criminal trespass.

3. Write a short note of the following:
4. a) Hostile witness b) Refreshing memory
5. c) Dying declaration d) Hearsay evidence e) Public documents.

4. How confessional statements are recorded by a Magistrate? What precautions must the magistrate take before the recording of confessional statement?

5. What is the probative value of the following and whether conviction can be sustained on the basis of any one of them and if so, under what circumstances:-
6. a) Evidence of Child, b) Evidence of Prosecutrix, c) Medical evidence.

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

7. What is the mode of contradicting previous statements in writing? Write a brief note.

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

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

10. Proceedings under Section 125 of the Cr.P.C.1973 are in the nature of the claim of a civil right of a wife, children and parents upon any person having sufficient means to maintain-Comment?