JCJ Model Examination dated 29.07.2012
ALL INDIA LAWYERS’ UNION (A. I. L. U)
A. P. State Committee, Hyderabad.
Time : 3 Hrs,
Answer any Five from each Part
Part – A (Criminal)
a) What is meant by alteration of Charges ? At what stage of the trial such alteration may be allowed? What is the duty of the court relating to alteration of charges?
b) Briefly explain Consolidation of Criminal cases by the court as laid down U/Secs 218 and 220 of Cr.P.C.
a) Briefly explain the procedure to be followed by a Magistrate in case of trial of warrant case instituted otherwise than on a police report?
b) Explain the differences between ‘Acquittal’ and ‘Discharge’
a) Distinguish between ‘Kidnap’ and ‘Abduction’.
b) Distinguish between ‘Criminal breach of Trust’ and ‘Criminal Misappropriation’.
a) Briefly explain the evidentiary value of ‘Test Identification Parade’ with relevant legal provisions
b) Explain the evidentiary value of ‘Dying Declaration’
c) Denovo trial
d) Burden of Proof
a) Explain the limitations under which Right of Private defence of person and property can be exercised by a person.
b) A Judicial First Class Magistrate, while recording a confession of accused, forgot to issue a warning about the consequences of the confession, but satisfied that it is voluntarily given. The accused during the trial pleaded that the confession is invalid. Decide the validity
Part – B (CIVIL)
1. A obtained an exparte decree for divorce against her husband, the husband preferred an appeal in the High Court. However as the appeal was beyond Limitation, an application under Sec. 5 of the Limitation Act for condonation of delay in filing the appeal was also made. The High Court dismissed the appeal as being time barred, There after, the husband filed in the trial court an application under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree. It was contended on behalf of the wife in the said application that as the appeal in the High Court against the ex parte decree was dismissed, the application for restoration of the suit under Order IX Rule 13 was not maim tamable. The court, However negatived the contention of the wife and held that the application was maintainable not withstanding the dismissal of the appeal by the High Court. Discuss the correctness of the decision in the light of the provisions of the Order IX Rule 13 of the Code of Civil Procedure.
a) State the cases where an injunction is not granted when a suit is instituted for. Whether a court can grant an injunction for enforcement of negative agreement?
b) Briefly explain the cases where a temporary injunction is granted. Whether the court is bound to follow any cardinal principles at the time of granting the injunction? If so, what are they?
a) Sub agent and Substituted agent
b) Contract of Indemnity and Guarantee
c) Vested and Contingent Interest
d) Time bar and Claim bar
a) Briefly explain the elements of lease and kinds of lease.
b) What is a mortgage? How it differs from pledge?
a) What is meant by estoppel? How it differs from res judicata?
b) What is meant by impounding of an instrument? How the impounded instruments are dealt with?
a) Holder in due course
b) Dishonour of a cheque
c) Effect of part payment
d) Adverse Possession
a) Wilful default
b) Joinder of parties
c) Garnishee order