Saturday, September 24, 2011

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - IV

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - IV

1. (a) Can mandatory injunction on an interlocutory application be granted? State principles and circumstances.
(b) What are the presumptions relating to Negotiable Instrument.

2. Distinguish between
(a) Lease, License and Easement
(b) Vested Interest, Contingent Interest and Conditional transfer.

3. (a) What is the limitation period for executing
(i) money decree
(ii) decree for mandatory injunction
(iii) decree for perpetual prohibitory injunction.
(b) Distinguish between liquidated damages and penalty. How far this distinction affects the amount of compensation and breach of contract.

4. (a) Interpleader suit
(b) Garnishee
(c) Caveat
(d) Misjoinder of cause of action

5. (a) Explain the provision in the Section 89 of CPC.
(b) Explain the principle of restitution as envisaged in section 144 of CPC.

6. (a) Refreshing memory
(b) Hostile witness
(c) Document
(d) Facts in Issue

7. (a) Defamation under IPC and its exceptions.
(b) Distinguish between Murder and Culpable Homicide.

8. (a) What is the maximum period for which an under trial prisoner can be detained?
(b) Can a sub inspector who gets information that arrack is being distilled in a house, enter, search and seize the same at night without informing the Excise Officials and without warrant from a Magistrate? Precautions and procedure to be followed by him.

9. Explain Order of maintenance of wives, children and parents.

10. (a) Police report
(b) Transfer Intervivos
(c) Material Alteration
(d) S. 313 statement

6 comments:

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

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  2. check the answers in comments under Topic "Any Questions???"

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  3. Please help me with the answers for the Question 3b in Model Papers IV

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  4. 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.

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