Saturday, October 1, 2011

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - V

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - V

1. Write an essay on Plea Bargaining.

2. (a) Explain the principles of double jeopardy with reference to the relevant provision.
(b) Give reasons as to whether an application for maintenance lies or not, by a married daughter from her father when husband has not been heard of for 7 years preceding the making of application and who cannot maintain herself.

3. (a) Whether criminal court can review its own judgement or order after it is signed? Explain?
(b) Write a short note on the language and contents of judgement of a Criminal Court.

4. (a) Explain the difference between motive, intention, preparation and attempt.
(b) In what circumstances is preparation to commit an offence is punishment? Indicate the punishment provided for such offences of preparation.

5. (a) What is the mode of proof of a document, required by law to be attested, as contemplated under Evidence Act? How does it differ with the mode and manner of proof of a Will?
(b) Comment on Probative value of
(i) Evidence of Prosecutrix
(ii) Approver
(iii) Medical evidence
(iv) Dumb witness

6. (a) What are the grounds on which judgement debtor ordered to be arrested can be released?
(b) Distinguish between Set Off and Counter Claim

7. (a) Whether Public Limited Company can be an Indigent Person? Elucidate?
(b) Describe the procedure for filing a caveat and the effect of filing it.

8. What is the distinction between a mortgage, hypothecation, pledge and floating charge?

9. Write short notes on
(a) Servitude
(b) Quasi - Necessity easement
(c) Assignment
(d) Bonafide transferee

10. (a) Noting and Protest.
(b) Payment in due course
(c) Continuous running of time
(d) Continuing breaches and torts.

9 comments:

  1. what is the answer of For questions 2(a) and 7(a)in the Model paper V

    ReplyDelete
  2. 2. (a) Explain the principles of double jeopardy with reference to the relevant provision.

    For Answer, Refer Section 300 CrPC

    7. (a) Whether Public Limited Company can be an Indigent Person? Elucidate?

    A suit instituted by a person claiming to be an indigent is termed as a suit 'in forma pauperis'. The word 'person' applies not only to natural persons but also to all other persons juristic or otherwise who are capable of bringing a suit. A partnership firm is a person within the meaning of that expression and sue as Pauper. However, the property which is the subject matter of the suit cannnot be taken into consideration to grant leave to sue in forma pauperis.

    But held in Bharat Abhyudoy Cotton Mills Ltd vs Maharajadhiraj, Kameshwar Singh and Others that word 'person' in Order 33 Rule 1 does not include a limited company incorporated under Indian Companies Act and hence cannot sue or appeal as Pauper. It is also found in the said case that an application was made by the company to sue as pauper without previously going into liquidation.

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  3. b) Give reasons as to whether an application for maintenance lies or not, by a married daughter from her father when husband has not been heard of for 7 years preceding the making of application and who cannot maintain herself.
    (b) In what circumstances is preparation to commit an offence is punishment? Indicate the punishment provided for such offences of preparation.
    kindly suggest answer for the above questions

    ReplyDelete
  4. Year of the case law posted in 7(a) questions

    ReplyDelete
  5. 2 (b) Give reasons as to whether an application for maintenance lies or not, by a married daughter from her father when husband has not been heard of for 7 years preceding the making of application and who cannot maintain herself.

    According to S. 125(b) CrPC, a minor child being legitimate or illegitimate who is unable to maintain itself can claim maintenance from father. Similarly, a minor married daughter may claim maintenance from her father when her husband is not possessed on sufficient means and until she becomes major. But, a major married daughter is wholly debarred from getting the benefits as the responsibility of maintaining her will be on her husband. Even a widowed daughter cannot claim maintenance from her father.

    Thus in the absence of any provision in law, the married daughter cannot claim maintenance from her father on account of her husband's dissapperance for seven years.

    4 (b) In what circumstances is preparation to commit an offence is punishment? Indicate the punishment provided for such offences of preparation.

    Refer Sections mentioned below in IPC

    i. S. 122
    ii. S. 126
    iii. S. 233 to S. 235
    iv. S. 255 to S. 257
    v. S. 399

    ReplyDelete
  6. For case law posted in 7(a) question - refer http://www.indiankanoon.org/doc/1718386/

    Bharat Abhyudoy Cotton Mills Ltd. vs Maharajadhiraj Sir Kameswar ... on 30 June, 1938
    Equivalent citations: AIR 1938 Cal 745

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  7. Sir, what is the proper way of answering to be followed in the mains

    ReplyDelete
  8. The proper answer to the above query can be given by senior aspirant who have gone through mains and qualified for interview.

    Can anyone help with this?

    ReplyDelete