Sunday, December 25, 2011

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

8 comments:

  1. what is the answer to qstn 5.a. if possible can u post the the exact answer for it.

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  2. Kindly refer Explanation 1 of section 62 Evidence Act

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  3. 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.
    kindly reply

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  4. a) Whether an offence under Sec - 138 N.I. Act is Compoundable ? What are the directions of the Supreme court regarding such compounding ?
    kindly reply

    ReplyDelete
  5. This comment has been removed by the author.

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  6. Answer for 8(a):
    Whether an offence under Sec - 138 N.I. Act is Compoundable ? What are the directions of the Supreme court regarding such compounding ?

    In Damodar S. Prabhu v Sayed Babalal held on May 3, 2010, AIR 2010 CRLJ 2860 the Hon’ble Supreme Court has given certain guidelines relating to the offence of dishonour of cheque as follows :
    THE GUIDELINES
    “(i) In the circumstances, it is proposed as follows: (a) That directions can be given that the Writ of Summons be suitably modified making it clear to the accused that he could make an application for compounding of the offences at the first or second hearing of the case and that if such an application is made, compounding may be allowed by the court without imposing any costs on the accused.
    (b) If the accused does not make an application for compounding as aforesaid, then if an application for compounding is made before the Magistrate at a subsequent stage, compounding can be allowed subject to the condition that the accused will be required to pay 10% of the cheque amount to be deposited as a condition for compounding with the Legal Services Authority, or such authority as the Court deems fit.
    (c) Similarly, if the application for compounding is made before the Sessions Court or a High Court in revision or appeal, such compounding may be allowed on the condition that the accused pays 15% of the cheque amount by way of costs.
    (d) Finally, if the application for compounding is made before the Supreme Court, the figure would increase to 20% of the cheque amount.

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  7. 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.

    For Answer kindly refer bare Act - Order 13 Rules 3, 6, 9.

    ReplyDelete