JCJ (MAINS) MODEL EXAM BY AILU, AUGUST 2009

Answer all questions.

1. (a) State the particulars that shall be endorsed on a document admitted in a suit and the endorsements on a rejected document. State the rules relating to return of rejected documents and admitted documents.
(b) Explain the power of the court in compelling the attendance of a witness. Whether the court has the power to summon a stranger as witness in a suit? When a witness can be ordered to attend in person to give evidence?

2. (a) State the law relating to computation of limitation period as provided under sections 1 to 15 of limitation act, 1963. How does the limitation period differ from prescribed period?
(b) Explain the scope and application of ‘Doctrine of lis pendens’. How does it differ from res subjudice?

3. (a) What is Dying Declaration? State the evidentiary value of it. What is the procedure to be followed by the Magistrate at the time of recording such dying declaration/
(b) What is the evidentiary value of Judicial Confessions and Extra Judicial Confessions? Bring out the differences between Confessions & Admissions.

4. (a)What is Charge? What are the contents of it?
(b) What is the procedure to be followed by the court when there is alteration or addition to any charge?
(c ) State the persons who may be charged jointly.

5. (a) State the circumstances under which the accused person can be called as a witness.
(b) Whether a Magistrate can proceed with the trial of a case in the absence of the accused? If so, under what circumstances?
(c ) In the above case, is there any difference where the accused in represented by an advocate and where he is not represented by the advocate?

6. Explain:
(a) Criminal Conspiracy (c) Abetment
(b) Joint Liability (d) Common Object

7. Distinguish between:
(a) Culpable homicide and Murder (c) Kidnapping and Abduction
(b) Assault and Criminal Force (d) Wrongful restraint and Wrongful Confinement

8. (a) Explain the principle of ‘res judicata’. Bring out the differences between ‘res judicata’ and ‘estoppel’. Whether res judicata applies to suits decreed Ex-parte?
(b)State the cases where the court can order for:
(i) Arrest before judgment, and (ii) Attachment of property before judgment

9. (a) State the documents of which registration is compulsory and optional.
(b) What is meant by endorsement of an instrument? Explain the rules relating to it. What are various kinds of endorsement?

10. Explain:
(a) Contingent Contract (ii) Wagering Agreement
(c ) Easement by Necessity (iv) Easement by Prescription

JCJ (MAINS) MODEL EXAM CONDUCTED BY AILU

Answer All Questions 8 Marks Each

1. (a) Under what circumstances a court can reject a document produced before the court ? Is it mandate to make an endorsement of the rejection? State the cases where an admitted document may be returned.
(b) What is the consequence of non-appearance of both parties when the suit is called on hearing ? What remedy is available to the plaintiff whose suit has been dismissed for default of his appearance ? What are the remedies available to the defendant when a suit is decreed ex-parte ?

2. (a) What is meant by an 'Issue'? State the material upon which the court frame the issues ? Whether court can examine witnesses before frame of issues? Whether the court has power to amend and strike out issues ?
(b) What is meant by Pleadings ? Under what circumstance pleadings can be amended and when such amendment can be refused ? Whether the court can strikeout the Pleadings ?

3. Explain :
(a) Arbitration
(b) Easement
(c ) Contract of guarantee
(d) Void and Voidable marriages

4 (a) Bring out the differences between 'Lease' and 'License'
(b) State the cases where a perpetual injunction is granted. What are the cases where an injunction cannot be granted ? Whether the court can grant an injunction to enforce a Negative agreement ?

5. (a) What is meant by execution of document in several parts ? What constitutes primary evidence of such a document and against whom ?
(b) Distinguish between Acquittal' and 'Discharge'. In a trial of warrant case after framing charges can the accused be discharged or not. Explain.

6. (a) Briefly explain the significance of 'general Exceptions' Provided under I.P.C.
{b) What is meant by 'taking cognizance' by a Magistrate ? What are the limitations on the power of the court to take cognizance ?

7. What is meant by 'confession' ? What is the evidentiary value of confessional statements ? What are the Precautions to-be taken by Magistrate at the time of recording confession ?

8. (a) Whether an offence under Sec - 138 N.I. Act is Compoundable ? What are the directions of the Supreme court regarding such compounding ?
(b) Briefly explain law relating to 'Dying Declaration' ? After recording of the dying declaration if such person survives, what is the evidentiary value of such dying declaration ?

9. (a) When is a case said to be committed to the court of session ? What must the magistrate do while committing the case to the court of session ?
(b) Briefly explain differences between Sec-34 I.P.C. and Sec-149 I.P.C.

10. Explain :
(a) Impounding of an instrument
(b) Willful default
(c ) Equitable mortgage
(d) Contingent Contract

ASST. PUBLIC PROSECUTOR – MOCK TEST

Dear Aspirants of APP posts,

APP Mock Test - Paper I
Questions with Answer Key posted on
http://publicprosecutorexam.blogspot.com

... All the best.