WRITTEN EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGES (JR.DIVISION)
8th January, 2012
Time: 03 hours Max. Marks 100
All Questions are compulsory and all questions carry equal marks.
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PART-A
- Answer the following questions (4 marks each)
- a) What irregularities vitiate the criminal proceedings of the Court of the Judicial Magistrate of First Class?
- b) What irregularities do not vitiate the proceedings of the Court of the Judicial Magistrate of First Class?
- Describe the ingredients of the following offences (2 marks each)
a)Dowry death
b)Offence under Section 498A of the IPC
- c) Defamation
d)Criminal intimidation.
- Answer the following (4 marks each)
- a) Describe the procedure for the trial of warrant cases by a Magistrate with special reference to cases instituted on a police report.
- b) Write a brief note on plea bargaining.
- Explain the following (2 marks each)
a)Victim compensation scheme
b)The power of the State Government under S.432, 433 of Cr.P.C.
c The difference between “Bail Bond” and “Surety Bond” (2 marks)
- d) The exceptions, if any, to the proposition that a Judge or Magistrate shall not try any a Criminal case in which he is a party or is personally interested.
- Write a brief note on the probative value of the following
(2 marks each)
a)Injured Witness. b)Hostile Witness.
c)Partisan Witness. d) Accomplice.
6.Write a brief note on the following (4 marks each)
a)What is the evidentiary value of the testimony of an approver? b)Can a conviction be based solely on the testimony of an approver? Give reasons.
- Write a short note on any four of the following (2 marks each)
a)Criminal conspiracy
- b) Criminal trespass
- c) Criminal breach of trust
- d) Right of private defence
e)Dying declaration
- f) Extra-judicial confession
PART B
- Answer the following (2 marks each)
a)What is a ‘Bill of Exchange’? and “promissory note”
- b) Define “Negotiable Instrument” and “Promissory note”
c)When can a defendant be called upon to furnish security for appearance and security for protection of property?
- d) What is the meaning of “Prima facie case”?
- Answer the following (2 marks each)
- a) Explain the circumstances in which a Civil Court can review its judgment or order.
- b) In what circumstances can a judgment, decree or order be amended by the court?
- c) A suit filed by ‘X’ against ‘Y’ is dismissed. The appeal by ‘X’ is also dismissed. One year thereafter in other similar proceedings, the Supreme Court delivered a judgment in favour of the plaintiff. Can ‘X’ ask the trial Court to review it’s judgment? Give brief reasons for your answer.
- d) Explain “compensatory costs”.
- Answer the following (2 marks each)
a)Explain “Easements of necessity” and “Quasi Easements”.
- b) Give an illustration of “easement of necessity”
- c) What is the difference between ‘license’ and ‘easement’?
- d) Enumerate two circumstances when a right of easement is extinguished
- Answer the following (2 marks each)
- a) What are the guiding principles for grant or refusal of a temporary injunction?
- b) What are the circumstances under which additional evidence at the appellate stage can be adduced?
- c) What is constructive res judicata?
- d) When can a receiver be appointed?
- Write a short note on any four of the following (2 marks each)
- a) Novation
- b) Quantum meruit
- c) Non-gratuitous
- d) Continuing guarantee
- e) Mistake of fact.
- A filed a suit against B for specific performance of an agreement of sale dated 1.3.2009 in respect of the suit schedule property. C who is a third party to the suit proceedings filed an application under Order I Rule 10 of the C.P.C for this impleaded as defendant No.2 claiming that he acquired title and possession under a gift deed executed by D. It is also claimed by C that he filed a suit for injunction against B in respect of the suit schedule property and the same was decreed ex parte on 5.11.2012. It is also contended that neither A nor B is in possession and the suit agreement is fabricated. Whether C is entitled to the impleaded? Give reasons for your answer. (8 marks)
- A is a pharmaceutical company carrying on business in manufacture and distribution of its goods at Hyderabad. A appointed B as a distributor of its products and to that effect an agreement was entered into between A and B at Hyderabad. Pursuant to the said agreement, stocks were supplied to B at Hyderabad against the payments made by B. Subsequently certain disputes arose between A and B and therefore B demanded the repayment of amounts made by him together with interest. Since A refused, B filed a suit for recovery of the said amounts in the Court at Hyderabad. Though the entire cause of action arose at Hyderabad, A raised an objection to the jurisdiction of the Court on the basis of a specific clause in the agreement that “the agreement is subject to Pune jurisdiction”. Whether the suit in the Court at Hyderabad is maintainable? Give reasons for your answer. (8 marks)