Monday, May 7, 2012


Written Examination for Recruitment to the Posts of Civil Judge (Junior Division)  dated 8th January 2012

Answer any 5 questions from Part A (Criminal) and also from Part B (Civil)


1.      Answer the following questions (4 marks each)
(a)    What irregularities vitiate the criminal proceedings of the court of Judicial Magistrate of First Class?
(b)   What irregularities do not vitiate the criminal proceedings of the court of Judicial Magistrate of First Class?

2.      Describe the ingredients of the following offences (2 marks each)
(a)    Dowry death
(b)   Offences under section 498A IPC
(c)    Defamation
(d)   Criminal intimidation

3.      Answer the following (4 marks each)
(a)    Describe the procedure for the trial of warrant cases by Magistrate with special reference to case instituted on a police report.
(b)   Write a brief note on Plea Bargaining

4.      Explain the following ( 2 marks each)
(a)    Victim Compensation Scheme
(b)   The power of the State Government under section 432 and 433 of Cr P C
(c)    The difference between bail bond and surety bond
(d)   The exceptions, if any to the proposition that a Judge or Magistrate shall not try any criminal case in which he is a party or is personally interested.

5.      Write a brief note on probative value of the following (2 marks each)
(a)    Injured witness
(b)   Hostile witness
(c)    Partisan witness
(d)   Accomplice

6.      Write a brief note on the following (4 marks each)
(a)    What is the evidentiary value of testimony of the approver?
(b)   Can a conviction be based solely on the testimony of approver?

7.      Write short note on any four of the following (2 marks each)
(a)    Criminal conspiracy
(b)   Criminal trespass
(c)    Criminal breach of trust
(d)   Right of private defence
(e)    Dying declaration
(f)    Extra judicial confession


1.      Answer the following ( 2 marks each)
(a)    What is Bill of Exchange?  Is cheque is Bill of Exchange?
(b)   Define Negotiable Instrument and Promissory Note
(c)    When can defendant be called upon to furnish security  for appearance and security for protection of property?
(d)   What is the meaning of Prima Facie case?

2.      Answer the following questions (2 marks each)
(a)    Explain the circumstances in which civil court can review its judgment and order.
(b)   In what circumstances judgment, decree or order can be amended by court?
(c)    A suit filed by X filed against Y is dismissed.  The appeal by X is also dismissed.  One year thereafter in other similar proceedings, the Supreme Court delivered a judgment in favour of plaintiff.  Can X ask the trial court to review its judgment?  Give brief reasons for your answer.
(d)   Explain Compensatory Costs.

3.      Explain the following (2 marks each)
(a)    Explain easements of necessity and quasi easements.
(b)   Give illustration of easements of necessity.
(c)    What is the difference between license and easement?
(d)   Enumerate two circumstances when a right of easement is extinguished.

4.      Answer the following (2 marks each)
(a)    What are the guiding principles for grant or refusal of temporary injunction?
(b)   What are the circumstances under which additional evidence at appellate stage can be adduced?
(c)    What is constructive resjudicata?
(d)   When can receiver be appointed?

5.      Write a short note on any four of the following ( 2 marks each)
(a)    Novation
(b)   Quantum Meruit
(c)    Non gratuitous act
(d)   Continuing guarantee
(e)    Wagering contract
(f)    Mistake of fact

6.      A filed a suit against B for specific performance of agreement of sale dated 1.3.2009 in respect of suit scheduled property.  C who is a third party to the suit proceedings filed an application under Order I Rule 10 of CPC for his impleadment as defendant No.2 claiming that he acquired title and possession under a gift deed executed by D.  It is also claimed by C that he filed a suit for injunction against B in respect of the suit scheduled property and the same was decreed ex parte on 5.11.2010.  It is also contended that neither A nor B is in possession and the suit agreement is fabricated.  Whether C is entitled to be impleaded?  Give reasons for your answer. (8 marks)

7.      A is a pharmaceutical company carrying on business in manufacturing and distribution of its goods at Hyderabad.  A appointed B as distributor of its products and to that effect an agreement was entered into between A and B at Hyderabad.  Pursuant to the said agreement, stocks were supplied to B at Hyderabad against the payments made by B.  Subsequently certain disputes arose between A and B and therefore B demanded the repayment of amounts made by him together with interest.  Since A refused, B filed a suit for recovery of the said amounts in the Court at Hyderabad.  Though the entire cause of action arouse at Hyderabad, A raised an objection to the jurisdiction of court on the basis of a specific clause in the agreement that “the agreement is subject to Pune Jurisdiction”.  Whether the suit in the court of Hyderabad is maintainable?  Give reasons for your answer.  (8 marks)


  1. Partisan witness- means.
    kindly reply

  2. kindly answer for the partB 6th question

  3. Partisan Witness means Biased witness also known as Interested Witness or Relative witness. He is not an independent witness but interested in any of one of the parties and will give evidence in favour of that party. His evidence will not be taken solely for judgment.

  4. partB 6th question - 'C' is entitled to be impleaded as defendant No. 2 under Order I Rule 10.

  5. difference between bail bond and surety bond.
    kindly reply.

  6. Bail bond & Surety Bond:

    A Bail is granted to an accused with or without sureties. In the case of self-recognizance bail (personal bond), the offender alone signs the bail bond.

    Surety bond: A third party called surety (a person not the offender) signs the bond for the offender’s appearance or otherwise as directed in the bond. If the conditions in the bail bond are disobeyed the surety must help the police or court to locate the suspect or pay the sum in the bail bond.

  7. (d) The exceptions, if any to the proposition that a Judge or Magistrate shall not try any criminal case in which he is a party or is personally interested.
    kindly reply

  8. As per Section 479 CRPC, No Judge or Magistrate shall, except with the permission of the court to which an appeal lies from his court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

    Exception: A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.

  9. what is the answer to qstn 2.c and qstn no.7 in part B. please reply

  10. 2(c) Remedy is either appeal or review. Review can be made only when there is no appeal. Here in the case, appeal is preferred but dismissed by court. Hence there can be no further review. Moreover, Review can be preferred within 30 days from date of judgment but not after a period of more than a year.

  11. Q7. Provisions of section 20 CPC are to be applied here. The suit in the court of Hyderabad is maintainable.

  12. (a) Injured witness
    (b) Quantum Meruit

    kindly reply

  13. Quantum Meruit:
    Quantum Meruit means As much as earned.
    Quantum meruit is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. The party to the contract who has performed his services for the part of contract before the contract has been modified by other party, should be paid for his services.

  14. Injured witness:
    Injured witness happened to be the eye-witness, the evidence of the injured witness should not be discarded or rejected. The evidence of injured witness is beyond suspicion.

  15. All India Lawyers Union (AILU) is conducting Mock Exam for JCJ Mains on Sunday 29 July 2012 at Brilliant Grammar High School, Near Narayanguda Flyover, Hyderabad. The Exam commences at 9:30 am.

    All the best.

  16. parole evidence means?
    kindly reply sir