PREVIOUS MAINS EXAM QUESTION PAPERS

 

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

 

  1. Answer the following questions (4 marks each)
  2. a) What irregularities vitiate the criminal proceedings of the Court of the Judicial Magistrate of First Class?
  3. b) What irregularities do not vitiate the proceedings of the Court of the Judicial Magistrate of First Class?

 

  1. Describe the ingredients of the following offences (2 marks each)

a)Dowry death

b)Offence under Section 498A of the IPC

  1. c) Defamation

d)Criminal intimidation.

 

  1. Answer the following (4 marks each)
  2. a) Describe the procedure for the trial of warrant cases by a Magistrate with special reference to cases instituted on a police report.
  3. b) Write a brief note on plea bargaining.

 

  1. 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)

  1. 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.

 

  1. 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.

 

  1. Write a short note on any four of the following (2 marks each)

a)Criminal conspiracy

  1. b) Criminal trespass
  2. c) Criminal breach of trust
  3. d) Right of private defence

e)Dying declaration

  1. f) Extra-judicial confession

 

PART B

  1. Answer the following (2 marks each)

a)What is a ‘Bill of Exchange’? and “promissory note”

  1. 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?

  1. d) What is the meaning of “Prima facie case”?

 

  1. Answer the following (2 marks each)
  2. a) Explain the circumstances in which a Civil Court can review its judgment or order.
  3. b) In what circumstances can a judgment, decree or order be amended by the court?
  4. 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.
  5. d) Explain “compensatory costs”.

 

  1. Answer the following (2 marks each)

a)Explain “Easements of necessity” and “Quasi Easements”.

  1. b) Give an illustration of “easement of necessity”
  2. c) What is the difference between ‘license’ and ‘easement’?
  3. d) Enumerate two circumstances when a right of easement is extinguished

 

 

  1. Answer the following (2 marks each)
  2. a) What are the guiding principles for grant or refusal of a temporary injunction?
  3. b) What are the circumstances under which additional evidence at the appellate stage can be adduced?
  4. c) What is constructive res judicata?
  5. d) When can a receiver be appointed?

 

  1. Write a short note on any four of the following (2 marks each)
  2. a) Novation
  3. b) Quantum meruit
  4. c) Non-gratuitous
  5. d) Continuing guarantee
  6. e) Mistake of fact.

 

  1. 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)

 

  1. 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)

 

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