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
(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
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)
(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)