Thursday, September 22, 2011

Any Questions ???

Model Papers are being posted for aspirants to practice for main exam once a week. If anyone is not able to find answer to any of the questions, then let me know.

I'll try to post answer to those questions, but might take sometime.

All the best.


  1. what is the standard book to be followed for answers to these questions. please advice sir.

  2. what are the important topics to concentrate in hindu succession act. plz advice sir.

  3. There is no standard book to follow for answers to questions asked in previous JCJ exams.

    Material I am following for preparation:

    1. Judicial Services Handbook by Dr. Zaheeruddin, Gogia Law Agency Publication.
    2. A Guide to Judicial Services Examination by Vishnu Sharma, ALT Publication - This book has all the questions asked in the previous exams, BUT I am personally not satisfied with the style of answers so i have to look for answers in other material.
    3. Judicial Services Material by Padala Rama Reddi
    4. Coaching Material

    For most of the answers I am relying on Zaheeruddin Material and Coaching material.

    Regarding important topics to concentrate in Minor Acts and local laws -

    I am not sure what Acts will be included in syllabus for Written Exams. I am waiting for Exam date to be released and along with that the syllabus will also be released.

  4. thank you sir. what about the latest case laws.

  5. Check the latest case laws on

  6. Please help me with the answers for the questions 7b model paper 1 and 8b in model paper 2

  7. Model Paper I
    Q 7 (b). What principles are applied in dealing with application for grant of an order of injunction; and in injuction to restrain encashment of unconditional bank guarantee.

    Principles to grant Injunction:
    1. It is the discretion of the court and equitable relief.
    2. Should exercise Discretion, reasonably, judiciously on sound legal principles.

    Before granting injunction Court must satisfy following conditions:
    1. There must be a prima facie case.
    2. Court must satisfy that bonafide dispute was raised by the plaintiff.
    3. Court can come to the conclusion or decision by referring following documents:
    (a) Plaint;
    (b) Documents and
    {c) Affidavits
    4. If not granted he will suffer irreparable injury i.e. which cannot be adequately compensated by damages.
    5. Balance of convenience is there in favour of a party.

    Grant of Injunction for encashment of Bank Guarantee:
    In Adani Exports Ltd. Vs Marketing Service Incorporated and Others, 2005, observed that courts ought not to grant injunction to restrain encashment of bank guarantee or letter of credit Except
    a) In case of fraud, and
    b) Irretrievable damage.
    If the plaintiff is prima facie able to establish that the case comes within the above two exceptions temporary injunction under O.39 R.1 of the Code can be issued.

    Model Paper II
    Q 8(b). Can a person charged for an offense u/s 324 IPC and convicted for Sec 326 IPC? Is offense u/s 379 compoundable?
    As per Section 222 (1) CrPC, When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, thought he was not charged with it.
    In the given problem, the facts are that a person was charged u/s 324, for which punishment prescribed in Imprisonment for 3 years of fine or both. Whereas the punishment for offence u/s 326 is Imprisonment for life or for 10 years and fine. Thus, conviction u/s 326 is not sutainable.
    Compoundable offences are those which are essentially of private nature and relatively not quite serious. Offence u/s 379 is compoundable only with the permission of the Court under section 320(2) CrPC, provided the value of property does not exceed Rs. 250.

  8. Thank you so much sir, Thanks for your effort and time taken to help us.

    U gave me the answers in no time, Thanks again.

  9. Q 3(b) Distinguish between liquidated damages and penalty. How far this distinction affects the amount of compensation and breach of contract.

    i) Liquidated damages are the amount assessed on the basis of actual or probable loss both the parties payable in the event of breach; while in case of penalty, it is not based on actual or probable loss but is provided to prevent a party from committing a breach.
    ii) Liquidated damages is imposed by way of compensation but penalty is imposed by way of punishment.

    Courts in England usually allow liquidated damages without any regard to the actual loss sustained ad treat penalty clause as Invalid.
    But under the Indian Law, Section 74 ICA, does not recognize ant difference between liquidated damages and penalty. The courts are required to allow reasonable compensation so as to cover the actual loss sustained, not exceeding the amount so mentioned in the contract.

  10. Thank You Very much SIR, Your spending your valuable time for us.

  11. Model paper III
    1. (a) What is meant by committal to Court of Sessions? What are the procedural requirements to be complied with while passing an order of committal?

    Certain offences are exclusively tiable by Court of Sessions, but such court cannot take conizance of these offences directly. It can deal with such a case when the same is committed to it by a Magistrate taking cognizance of such an offence.

    According to Section 209 CRPC, when accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by Court of Sessions, he shall

    (a) supply the copies of FIR, S. 161 statements and other documents relating to the case to the accused as per S. 207 or S. 208 CrPC
    (b) subject to the provisions relating to bail, remand the accused to custody during and until the conclusion of trial.
    (c) send to that court the record of the case and documents and articles, if any, which are to be produced in evidence.
    (d) notify the public prosecutor of the commencement of the case to the Court of Sessions.

    5. (a) When and under what circumstances a Civil Court can vacate ad interim ex parte injunction granted to the plaintiff.

    7. How cognizance of an offence is taken by Magistrate? When can the Magistrate direct the Police to register the offence?

    10. (a) What will be the effect if a cheque is issued for a time barred debt and its dishonor?
    (b) Whether a complaint with regard to dishonor of a cheque is not maintainable on the ground that the accused had already filed an insolvency petition?
    kindly reply

  13. Am pursuing LLB second year am very interesting jcj exam how to prepare pls give instructions pls

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  15. as salam o alaikum sir, sir please help a student of law final year and i need your help, i need your guidence for the pre., mains and also for the interview examination of andhra am unawre from andhra's judiciary syllabus and all as am not from andhra, m doing law from Aligarh Muslim University. sir please help me mail id is inshallah you wll hlp me...