JCJ MOCK EXAM CONDUCTED BY DIG VIJAY COACHING ON CRIMINAL SUBJECTS - 01 JULY 2012

JCJ – 2012 MOCK EXAM CONDUCTED BY DIG VIJAY COACHING ON 1^st JULY 2012 ON CRIMINAL SUBJECTS.

DESCRIPTIVE PAPER – 1/2012

Answer all the questions:

1. Write notes on the following

(a)    Causing Miscarriage

(b)   Abandonment of child under 12 years of age by parents

(c)    Thug

(d)   Causing death by negligence

2. Write notes on

(a)    Voluntary causing hurt

(b)   Voluntary causing grievous hurt

(c)    Wrongful restraint

(d)   Wrongful confinement

3. Briefly explain the following

(a)    Cheating

(b)   Forgery

(c)    Criminal Misappropriation

(d)   Criminal Conspiracy

4. (a) Briefly explain the powers of criminal court under Sections 451 and 452 CrPC

(b) Explain the terms Anticipatory bail and Conditional bail with relevant legal provisions.

5. (a) Explain the procedure to be followed during the trial when an incorporated company is an accused.

(b) Briefly explain the power of Magistrate in tendering pardon to accused.

6. (a) Briefly explain the powers of Magistrate under S. 167 CrPC

(b) Explain the importance of S. 173 CrPC

7. (a) Briefly explain S. 138 NI Act and state whether such offence is compoundable

(b) Explain various orders that can be passed under Domestic Violence Act.

8. Briefly explain the following

(a)    Fact

(b)   Fact in Issue

(c)    Evidence

(d)   Conclusive proof

9. Explain evidentiary value of

(a)    Dying Declaration

(b)   Expert evidence

(c)    Hearsay evidence

(d)   Electronic record

10. Differentiate between Admissions and Confessions.

Some Important Questions from Local Laws/Minor Acts

Questions from Local Laws/Minor Acts

Hindu Marriage Act:

1.       Definitions – Full blood, half blood, uterine blood, Sapinda relationship, Degrees of prohibited relationship.

2.       Conditions for Valid Hindu Marriage (Section 5)

3.       Restitution of conjugal rights and judicial separation (Section 9 and 10)

4.       Difference between Void and Voidable marriage (Section 11 and 12)

5.       Grounds for Divorce (Section 13)

Hindu Succession Act:

1.       Agnate and Cognate

2.       General rules of succession in case of Males (section 8)

3.       General rules of succession in case of female (section 15)

4.       Testamentary succession (Section 30)

Domestic Violence Act:

1.       Definitions – Domestic Violence, Domestic Relationship, Shared household

2.       Protection officer and his duties (Section 9)

3.       Reliefs granted by Magistrate under DV Act – Protection orders, Residence orders, Monetary reliefs, Custody orders and Compensation orders (Section 18 to 22).

AP Buildings (Rent, Lease, Eviction) Act:

1.       Definitions – Building, Landlord, Tenant

2.       What is meant by Wilful Default.

Registration Act:

1.       Documents for which registration is Compulsory (Section 17)

2.       Documents for which registration is Optional (Section 18)

3.       Effect of Non registration of documents required to be registered (Section 49)

Stamp Act:

1.       Instruments, which are chargeable with duty (Section 3).

2.       Types of Stamps (Adhesive and Impressed stamps)

3.       What is meant by duly stamped

4.       Instruments not duly stamped inadmissible in evidence (Section 35)

JCJ WRITTEN EXAM HELD ON 08-01-2012

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)

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)

JCJ (MAINS) MODEL EXAM BY AILU, AUGUST 2009

Answer all questions.

1. (a) State the particulars that shall be endorsed on a document admitted in a suit and the endorsements on a rejected document. State the rules relating to return of rejected documents and admitted documents.
(b) Explain the power of the court in compelling the attendance of a witness. Whether the court has the power to summon a stranger as witness in a suit? When a witness can be ordered to attend in person to give evidence?

2. (a) State the law relating to computation of limitation period as provided under sections 1 to 15 of limitation act, 1963. How does the limitation period differ from prescribed period?
(b) Explain the scope and application of ‘Doctrine of lis pendens’. How does it differ from res subjudice?

3. (a) What is Dying Declaration? State the evidentiary value of it. What is the procedure to be followed by the Magistrate at the time of recording such dying declaration/
(b) What is the evidentiary value of Judicial Confessions and Extra Judicial Confessions? Bring out the differences between Confessions & Admissions.

4. (a)What is Charge? What are the contents of it?
(b) What is the procedure to be followed by the court when there is alteration or addition to any charge?
(c ) State the persons who may be charged jointly.

5. (a) State the circumstances under which the accused person can be called as a witness.
(b) Whether a Magistrate can proceed with the trial of a case in the absence of the accused? If so, under what circumstances?
(c ) In the above case, is there any difference where the accused in represented by an advocate and where he is not represented by the advocate?

6. Explain:
(a) Criminal Conspiracy (c) Abetment
(b) Joint Liability (d) Common Object

7. Distinguish between:
(a) Culpable homicide and Murder (c) Kidnapping and Abduction
(b) Assault and Criminal Force (d) Wrongful restraint and Wrongful Confinement

8. (a) Explain the principle of ‘res judicata’. Bring out the differences between ‘res judicata’ and ‘estoppel’. Whether res judicata applies to suits decreed Ex-parte?
(b)State the cases where the court can order for:
(i) Arrest before judgment, and (ii) Attachment of property before judgment

9. (a) State the documents of which registration is compulsory and optional.
(b) What is meant by endorsement of an instrument? Explain the rules relating to it. What are various kinds of endorsement?

10. Explain:
(a) Contingent Contract (ii) Wagering Agreement
(c ) Easement by Necessity (iv) Easement by Prescription

JCJ (MAINS) MODEL EXAM CONDUCTED BY AILU

Answer All Questions 8 Marks Each

1. (a) Under what circumstances a court can reject a document produced before the court ? Is it mandate to make an endorsement of the rejection? State the cases where an admitted document may be returned.
(b) What is the consequence of non-appearance of both parties when the suit is called on hearing ? What remedy is available to the plaintiff whose suit has been dismissed for default of his appearance ? What are the remedies available to the defendant when a suit is decreed ex-parte ?

2. (a) What is meant by an 'Issue'? State the material upon which the court frame the issues ? Whether court can examine witnesses before frame of issues? Whether the court has power to amend and strike out issues ?
(b) What is meant by Pleadings ? Under what circumstance pleadings can be amended and when such amendment can be refused ? Whether the court can strikeout the Pleadings ?

3. Explain :
(a) Arbitration
(b) Easement
(c ) Contract of guarantee
(d) Void and Voidable marriages

4 (a) Bring out the differences between 'Lease' and 'License'
(b) State the cases where a perpetual injunction is granted. What are the cases where an injunction cannot be granted ? Whether the court can grant an injunction to enforce a Negative agreement ?

5. (a) What is meant by execution of document in several parts ? What constitutes primary evidence of such a document and against whom ?
(b) Distinguish between Acquittal' and 'Discharge'. In a trial of warrant case after framing charges can the accused be discharged or not. Explain.

6. (a) Briefly explain the significance of 'general Exceptions' Provided under I.P.C.
{b) What is meant by 'taking cognizance' by a Magistrate ? What are the limitations on the power of the court to take cognizance ?

7. What is meant by 'confession' ? What is the evidentiary value of confessional statements ? What are the Precautions to-be taken by Magistrate at the time of recording confession ?

8. (a) Whether an offence under Sec - 138 N.I. Act is Compoundable ? What are the directions of the Supreme court regarding such compounding ?
(b) Briefly explain law relating to 'Dying Declaration' ? After recording of the dying declaration if such person survives, what is the evidentiary value of such dying declaration ?

9. (a) When is a case said to be committed to the court of session ? What must the magistrate do while committing the case to the court of session ?
(b) Briefly explain differences between Sec-34 I.P.C. and Sec-149 I.P.C.

10. Explain :
(a) Impounding of an instrument
(b) Willful default
(c ) Equitable mortgage
(d) Contingent Contract

ASST. PUBLIC PROSECUTOR – MOCK TEST

Dear Aspirants of APP posts,

APP Mock Test - Paper I
Questions with Answer Key posted on
http://publicprosecutorexam.blogspot.com

... All the best.

NO MINIMUM MARKS IN VIVA VOCE

As per LAW (LA&J SC.F) DEPARTMENT
G.O.Ms.No. 132 Dated 16-11-2011

AMENDMENTS
In the provisos to sub-rules (4) and (10) of rule 6 of the said rules, the expression “and a minimum marks of 10 for O.C. category, 8 for B.C. category and 6 for S.C. and S.T. category in the Viva-voce” shall be omitted.