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

5^th August 2012

Time: 03 hours                                                           Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

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PART-A

1.Write a brief note on the following:

1. a) Does the Indian Penal Code extend to extra-territorial offences? Explain.
2. b) State the contents of judgment?
3. c) Which provision of the code of Criminal Procedure deals with anticipatory bail? Which Court is empowered to grant anticipatory bail?
4. d) How the period of limitation shall commence in relation to an offender? (2 Marks each)

2. (a) What are the offences relating to marriage under the Indian Penal Code ? Explain.

(b) What are the ingredients of Section 498-A of IPC? Explain

(4 marks each)

3. (a) Explain the effect of non-appearance or death of complaint in the trial of summons case?

( b) What is the effect of the non-examination of the approver?

(4 marks each)

4. (a) Explain the purport of Section 89 I.P.C. including the exceptions to the exception contained therein?

(b)’A’ has enmity with his neighbor ‘B’ and is in sound mental condition.  He has an altercation with ‘B’ on a particular day.  On the next day, he consumed alcohol and assaulted ‘B’.  In the course of prosecution, an exception was pleaded on behalf of ‘A’. Explain whether ‘A’ is liable to be punished for causing injury to ‘B’, and furnish reasons in support of your conclusions? (4 marks each)

5. Explain the following:

(a) Mistake of fact and mistake of law.

(b) Define burden of proof and explain it with reference to civil and criminal cases.                                            (4 marks each)

6. (a) What is a test identification parade and under what provision of law it is relevant and when it is necessary? Whether any rules prescribe the procedure for conducting a test identification parade and, if so, what is the procedure?

(b) Briefly, write about the procedure prescribed for trial of warrant cases instituted otherwise than on police reports quoting the provisions. Whether a summons case can be tried as a warrant case? Give reasons for your answer.      (4 marks each)

7. (a) What action the Executive Magistrate has to take when he is satisfied from the report of a police Officer or upon other information that a dispute is likely to cause a breach of peace concerning any land or water or the boundaries thereof within his local jurisdiction?

(b) A and B are quarreling with each other over a petty issue. In the meanwhile, C intervened and tried to pacify them.  B dealt a knife blow on A, who managed to escape and ultimately the knife blow landed on the chest of C resulting in his instantaneous death.  What is the offence committed by B? Explain with reference to the relevant provisions of the Indian Penal Code

PART-B

Answer the following:

1. a) Does power of Attorney require registration? Explain.
2. b) What are the documents, registration of which is compulsory and optional?
3. c) What is pleading? Distinguish between plaint and written statement.
4. d) What remedies are available to the plaintiff when there are numerous persons claiming a same interest in the subject-matter of the suit? (2 marks each)

2. (a) Explain the terms primary evidence and secondary evidence Discuss the circumstances under which secondary evidence may be allowed?

(b)What are the facts of which evidence need not be given?

(c) What is the procedure when a witness lets down the party who calls him as a witness?

(d) When are admissions irrelevant?

(2 marks each)

3. (a) What are the duties of bailee and bailor under the Indian Contract Act?

(b) Discuss the following in brief:

(i) Unlawful agreement

(ii) Guarantee and indemnity.                                   (4 marks each)

4. ‘A’ entered into an agreement to purchase an item of immovable property with ‘B’ against the total consideration of Rs. Ten Lakhs, he paid six lakhs, on the date of the agreement. Six months later, he filed a suit for specific performance of the agreement of sale. Pleading that “B” did not execute the sale deed inspite of repeated demands.  In his written statement, ‘B’ raised a plea that ‘A’ did not mention in his plaint that he i.e., ‘A’ is ready and willing to pay the balance of consideration.  This is found to be correct.  In the course of evidence, ‘A’ deposes that he has necessary funds to pay for ‘B’.  Explain whether the suit can be decreed or not and state reasons in support of your conclusion?                         (8 marks)

5. Answer the following:

(a) Discuss the grounds on which a landlord can seek eviction of a tenant under the provisions of the A.P. Buildings (Lease, Rent, and Eviction) Control Act, 1960.

(b) Explain the period of limitation as defined under the Limitation Act of 1953 and discuss the scope and ambit of S.5 of the said Act.

6. (a) What is judgment? What is a decree? How a judgment of Small Cause Court should be written and how a judgment of other Court should be written according to the code of Civil Procedure. Explain

(b) What should be the contents of a decree for recovery of immovable property?  Whether a Judge who has succeeded the Judge in a Court who passed the decree can sign it?  Explain with reference to provisions.

7. (a) What is the procedure contemplated for the appearance of the defendant in summary suits under Order XXXVII of the Code of Civil Procedure?

(b) What is lis pendense? Explain with reference to the relevant provisions in the Transfer of Property Act, 1882 and give one illustration.                                                  (4 marks each)