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)
PART A
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
PART B
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)
