PREVIOUS MAINS EXAM QUESTION PAPERS

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

CIVIL LAW

28th October, 2007

Time: 03 hours                                                          Max. Marks 100

All Questions are compulsory and all questions carry equal marks.

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  1. Write a Judgment briefly sating reasons w.r.t the material supplied besides framing issues

 

  1. What are the methods of alternate dispute resolution? Write an essay on settlement of disputes outside the court w.r.t to S.89 CPC.

 

  1. a) It is the quality of the evidence and not the quantity. Which provision of law enacts this rule and what is the purpose and significance? Explain briefly.
  2. b) What is meant by proved, disproved and not proved? What is rule enacted in these definitions and what is its significance?

 

  1. Write a note on the following:
  2. a) Presumptions b) Pledge and Quasi contracts
  3. c) Vested interest and contingent interest
  4. d) Equitable mortgage/mortgage by deposit of title deeds.

 

  1. Explain with illustrations the concepts of set off and counterclaim and distinguish them.

 

  1. a) What is the limitation period for executing a- i) money decree ii) Decree for mandatory injunction and iii) decree for a perpetual prohibitory injunction.
  2. b) Name some of the documents, which are compulsorily registrable according to the Transfer of Property Act, 1882 and the Registration Act,1908 and state within what time a document compulsorily registrable can be presented for registration, from the date of its execution.

 

  1. What are the cardinal and other recognized principles governing the discretionary powers of the court while granting and refusing to grant temporary injunctions?

 

  1. Hearsay evidence is not admissible. What are the six exceptions to the said rule? Elucidate.

 

  1. a) What are the restrictions placed on the power of a court in ordering attachment of salary and allowances of a judgment debtor who is not a government servant?
  2. b) What are the properties which cannot be transferred according to the provisions of the T.P.Act, 1882?

 

10.a) Explain the doctrine of election. Whether it is enacted in the Indian succession Act, 1925 also and if so in what context? Quote, the provisions.

  1. b) What is an ex parte decree? What are the criteria for setting aside an ex parte decree passed in a suit filed under Order 36 CPC and suits filed under the other provisions of CPC?

 

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