WRITTEN
EXAMINATION FOR RECRUITMENT TO THE POSTS OF CIVIL JUDGE (JUNIOR DIVISION)
CONDUCTED BY
HIGH
COURT OF ANDHRAPRADESH: HYDERABAD
DATED:
5TH AUGUST 2012
Answer any Five (5) questions from each Part
PART – A
- Write a
brief note on the following
(a) Does
the Indian Penal Code extend to extra-territorial offences. Explain.
(b) State
the contents of judgment
(c) Which
provision of the Code of Criminal Procedure deals with anticipatory bail? Which
Court is empowered to grant anticipatory bail?
(d) How
the period of limitation shall commence in relation to an offender
2.
(a) What
are the offences relating to marriage under the Indian Penal Code. Explain.
(b) What
are the ingredients of Section 498-A of IPC? Explain.
3.
(a)
Explain the effect of non-appearance or death of
complainant in the trial of summons case?
(b) What
is the effect of the non-examination of the approver?
4.
(a) Explain
the purport of Section 89 of IPC, including the exceptions to the exception
contained therein?
(b) ‘A’
has enmity with his neighbour ‘B’ and is of sound mental condition. He has an
altercation with ‘B’ on a particular day. On the next day, he consumed alcohol
and- assaulted ‘B’. In the course of prosecution, an exception was pleaded on
behalf of ‘A’. Explain whether ‘A’ is liable to be punished for causing injury
to ‘B’, and furnish reasons in support of your conclusions?
5.
Explain the following:
(a) Mistake of fact
and mistake of law.
(b) Define
burden of proof and explain it with reference to civil and criminal cases.
6.
(a) What
is a test identification parade and under what provision of Law it is relevant
and when it is necessary. Whether any rules prescribe the procedure for
conducting a test identification parade and, if so, what is the procedure?
(b) Briefly write about the procedure prescribed
for trial of warrant cases instituted otherwise than on police reports quoting
the provisions. Whether a summons case can be tried as a warrants case? Give
reasons for your answer.
7.
(a)
What action the Executive Magistrate has to take when
he is satisfied from the report of a Police Officer or upon other information
that a dispute is likely to cause a breach of peace concerning any land or
water or the boundaries thereof within his local jurisdiction?
(b) A and B are quarrelling with each other over a
petty issue. In the meanwhile C intervened and tried to pacify them B dealt a
knife blow on A. who managed to escape and ultimately the knife blow landed on
the chest of C resulting in his instantaneous death. What is the offence
committed by B? Explain with reference to the relevant provisions of the Indian
Penal Code.
PART – B
1.
Answer the following
(a) Does Power of
Attorney require registration. Explain
(b) What are the
documents, registration of which is compulsory and optional?
(c) What is pleading?
Distinguish between plaint and written statement.
(d) What remedies are
available to the plaintiff when there are numerous persons claiming same
interest in the subject-matter of the suit.
2.
(a) Explain the terms
‘primary evidence’ and ‘secondary evidence’. Discuss the circumstances under
which secondary, evidence may be allowed?-
(b) What are the
facts of which evidence need not be given.
(c) What is the
procedure when a witness lets down the party who calls him as a witness.
(d) When are
admissions irrelevant?
3.
(a) What are the
duties of bailee and bailor under the Indian Contract Act?
(b) Discuss the
following in brief:
i)
Unlawful agreement
ii)
Guarantee and indemnity
4.
‘A’ entered into an agreement to purchase an item of
immovable property with ‘B’. Against the total consideration of Rs. Ten Lakhs,
he paid six Iakhs, on the date of agreement. Six months later, he filed a suit
for specific performance of agreement of sale, pleading that ‘B” did not
execute the sale deed in spite of repeated demands. In his written statement,
‘B’ raised a plea that ‘A’ did not mention in his plaint that he i e, ‘A’ is
ready and willing to pay the balance of consideration This is found to be
correct In the course of evidence, ‘A’ deposes that he has necessary funds to
pay to ‘B’. Explain whether the suit can be decreed or not and state reasons in
support of your conclusion?
5.
Answer the following:
(a) Discuss
the grounds on which a landlord can seek eviction of tenant under the
provisions of the A P Buildings (Lease, Rent and Eviction) Control Act, 1960.
(b) Explain
the period of limitation as defined under the Limitation Act of 1983 and
discuss the scope and ambit of Section 5 of the said Act.
6.
(a) What
is judgment? What is a
decree? How a judgment of Small
Cause Court should be written and how a judgment
of other Court should be written according to the Code of Civil Procedure.
Explain.
(b) What
should be the contents of a decree for recovery of immovable property? Whether
a Judge who has succeeded the Judge in a Court who passed the decree can sign
it? Explain with reference to provisions.
7.
(a) What
is the procedure contemplated for appearance of the defendant in summary suits
under Order XXXVll of the Code of Civil Procedure?
(b) What
is Lis pendens? Explain with reference to the relevant provisions in the
Transfer of Property Act, 1882 and give one illustration
