PREVIOUS MAINS EXAM QUESTION PAPERS

 

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

CIVIL LAW

29th June 2008

 

Time: 03 hours                                                          Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

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  1. a)Explain the following:
  2. i) Interim injunction and mandatory injunction
  3. ii) Court Commissioner and Court receiver

iii) Undue influence and coercion

  1. iv) Locus Standi v) Forum non Convenience

 

1.b) Vikram entered into a contract with Bhat for delivery of goods upon certain conditions. The contract was reduced to writing. One of the clauses in the contract mention that Bhat paid Vikram the price of other goods contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other goods. Whether the evidence is admissible or not?

  1. (c) ‘After amendment of CPC, the parties to the suit, as of right cannot file documents at the stage of framing all the issues’.

Whether the above statement is correct or not? Give reasons in brief in support of the answer and explain at what stages parties can file their respective documents.

  1. (d) Vachala residing in Hyderabad publishes in Visakhapatnam a statement, defamatory to Neethimantha. When legal opinion was sought, Neethimantha was advised that he can sue either in Hyderabad or Visakhapatnam.

Whether advice given to Neethimantha is correct or not? Give reasons, in brief, keeping in view Section 19 of Code of Civil Procedure, 1908.

 

  1. (a) What is the mode of proof of a document required by law to be attested as contemplated under the Indian Evidence Act?

(b) When and under what circumstances the evidence of expert is relevant. Whether the opinion of an expert is binding on the Court? Explain with examples.

 

 

  1. Estoppel is not res judicata, but res judicata is estoppel by the record. Write a detailed note on this comment with reference to provisions in Code of Civil Procedure, 1908 and Evidence Act, 1872.

 

  1. (a) Define ‘Promissory Note’.

(b) An instrument contained the following words:

“I promise to pay ‘B’ Rs.500 and all other sums which shall be due to him“.  Whether the above instrument is Promissory Note or not, and Why?

 

  1. (a) When the suit is dismissed for default, what are the remedies available to the plaintiff?

(b) When a Civil Court can pass an order of attachment before Judgment and how such power has to be exercised?

 

  1. Write short notes on the following.

(a)  Section 35A of CPC, 1908.

(b)  Suspension or revocation of gift.

(c)  Definition of the sale of immovable property.

(d) Adverse possession.

 

  1. Write a detailed note: (a) If the Judgment debtor has no means to pay the amounts, the Court cannot order his arrest in execution of a money decree. (b) What are the methods of acquisition of Easement?

 

  1. (a) What are the nature of liabilities under the Contracts of Indemnity and Guarantee.

(b) What are the properties which are not liable to attachment and sale in execution of decree?

 

  1. When and under what circumstances a civil Court can vacate ad interim ex parte injunction granted to the plaintiff. Write giving examples.

 

  1. Write short notes on the following

(a)    Inherent power of the Court.

(b)    Amendment of Judgments, Decrees or Orders.

(c)    Enlargement of time.               (d)    Section 89 of CPC, 1908.

 

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