Thursday, December 29, 2011

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

8 comments:

  1. kindly can u post the answer or relevant provisions for qstn 1.b and qstn no.5.

    ReplyDelete
  2. 1(b):
    power of the court in compelling the attendance of a witness - Refer Section 32 CPC

    Whether the court has the power to summon a stranger as witness in a suit? - Refer Order 16 Rule 14

    hen a witness can be ordered to attend in person to give evidence? - Refer Order 16 Rule 19

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  3. 5. (a) State the circumstances under which the accused person can be called as a witness

    Answer: Section 315 CrPC: Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
    Provided that-
    (a) He shall not be called as a witness except on his own request in writing;
    (b) His failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.

    (b) Whether a Magistrate can proceed with the trial of a case in the absence of the accused? If so, under what circumstances?
    Answer: Refer Section 273, 299 CrPC

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  4. what is the answer to qstn 5.c. kindly post the answer.

    ReplyDelete
  5. b) What is the evidentiary value of Judicial Confessions and Extra Judicial Confessions? Bring out the differences between Confessions & Admissions.

    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?

    ReplyDelete
  6. 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?
    kindly reply

    ReplyDelete
  7. Ravindra, It won't be possible for me to type answers for the questions at this point of time. Kindly email me your mobile number at jmb6280@yahoo.com. I will help you on phone.

    ReplyDelete