Thursday, December 29, 2011

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

Sunday, December 25, 2011

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

Monday, December 5, 2011

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.

Friday, November 18, 2011

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.

Saturday, October 22, 2011

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - VIII

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - VIII


1. After amendment of CPC, the parties to the suit, as of right cannot file documents at the stage of framing all the issues. Whether this statement is correct or not? Give reasons.

2. Estoppel is not resjudicata, but resjudicata is estoppel by record. Write a detailed note on this comment with reference to the provisions in CPC and Evidence Act.

3. (a) If the judgment debtor has no means to pay the amounts, the Court cannot order his arrest in execution of money decree. Write a detailed note.
(b) What are the methods of acquisition of easement.

4. Explain the following
(a) Undue Influence and Coercion
(b) Locus standi
(c) Forum non conveniens
(d) Sec 89 of CPC, 1908

5. (a) When and under what circumstances a Civil Court can vacate ad interim ex parte injunction granted to the plaintiff.
(b) “I promise to pay ‘B’ Rs. 500 and all other sums which shall be due to him.” Whether the statement is Promissory Note or not, and Why?

6. Explain the legal effect of dying declaration. What would be the legal consequences when different dying declarations are made to different persons?

7. How cognizance of an offence is taken by Magistrate? When can the Magistrate direct the Police to register the offence?

8. (a) Who is hostile witness and whether his evidence can be relied upon? If so to what extent.
(b) What is the effect of delay in lodging FIR.
(c) What is conclusive proof?
(d) How much of information received from the accused may be proved against him?

9. (a) What is consent and how consent discharges a person from criminal liability?
(b) What are the essentials of kidnapping, how is it different from abduction.

10. (a) What will be the effect if a cheque is issued for a time barred debt and its dishonor?
(b) Whether a complaint with regard to dishonor of a cheque is not maintainable on the ground that the accused had already filed an insolvency petition?

Saturday, October 15, 2011

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - VII

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - VII

1. What are the safeguards to be adopted by the Magistrate which conducting Identification Parade? What is the probative value of the report of test identification parade?

2. (a) Can an accused person examine himself as a witness?
(b) Can a criminal court issue process against a person who has not been arranged as an accused in the charge sheet and if so, in what circumstances?

3. (a) Explain the power of Judge to put questions to any witness or order production of any document with reference to the provisions of the Evidence Act?
(b) It is the quality of evidence counts and not the quantity. Explain.

4. Describe the summary procedure for hearing suits. How does it differ from ordinary procedure?

5. Explain briefly the salient features introduces by the recent amendment to CPC regarding recording of evidence?

6. (a) Differentiate between Guarantee and Indemnity.
(b)Differentiate between Pledge and Bailment

7. (a) Explain provision relating to Addition and Substitution of parties under Limitation Act.
(b) Explain kinds of Negotiable Instruments as per the definition.

8. (a) What are the rights of bonafide transferee of immovable properties under defective title for the improvements made by him on such property?
(b) What are the circumstances under which license is deemed to be revoked.

9. Write short notes on
(a) Adultery
(b) Trifling offences
(c ) Grievous Hurt
(d) Types of Kidnapping

10. Explain the remedies available under Specific Relief Act.

Saturday, October 8, 2011

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - VI


JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - VI

1. (a) Give details on effect of death under Limitation Act.
    (b) Distinction between Rescission and Cancellation under Specific Releif Act.

2. (a) Who may impose and who may acquire easements.
    (b) Is Clog on redemption is Valid?  Explain.

3. (a) How Cognizance of offence is taken under Negotiable Instrument Act.
    (b) What are the consequences of breach of contract.

4. Differentiate between Appeal, Second Appeal, Reference, Review and Revision.

5. Write note on Suits in Particular cases under CPC.

6. (a) Explain Provision relating to Attempt to commit offence under IPC.
    (b) Differentiate between Criminal Tresspass, House Tresspass, Lurking House Tresspass and House Breaking

7. Explain Irregularities which vitiate the proceedings and which does not vitiate the proceedings.

8. (a) Explain about Executive Magistrates authority on disputes as to Immovable property.
    (b) Principal features of fair trial.

9. (a) What are Principle of First Degree, Accesories before facts and Accesories after the facts in relation to Accomplice evidence.
    (b) Explain Order of Examinations.

10. (a) Immovable property
      (b) Notice
      (c) Declaratory decree
      (d) Precept

Sunday, October 2, 2011

JCJ (MAINS) WRITTEN EXAM - MOCK TEST


Dear Aspirants,

I am trying to arrange conducting JCJ Mock Test at Law College in Hyderabad. In order to proceed, I would like to count the numbers who would like to take test. So, the aspirants kindly give your name and e-mail address in order to contact you and intimate about the test date.

The test will be held after High Court intimates the Written Exam date.

Saturday, October 1, 2011

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - V

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - V

1. Write an essay on Plea Bargaining.

2. (a) Explain the principles of double jeopardy with reference to the relevant provision.
(b) Give reasons as to whether an application for maintenance lies or not, by a married daughter from her father when husband has not been heard of for 7 years preceding the making of application and who cannot maintain herself.

3. (a) Whether criminal court can review its own judgement or order after it is signed? Explain?
(b) Write a short note on the language and contents of judgement of a Criminal Court.

4. (a) Explain the difference between motive, intention, preparation and attempt.
(b) In what circumstances is preparation to commit an offence is punishment? Indicate the punishment provided for such offences of preparation.

5. (a) What is the mode of proof of a document, required by law to be attested, as contemplated under Evidence Act? How does it differ with the mode and manner of proof of a Will?
(b) Comment on Probative value of
(i) Evidence of Prosecutrix
(ii) Approver
(iii) Medical evidence
(iv) Dumb witness

6. (a) What are the grounds on which judgement debtor ordered to be arrested can be released?
(b) Distinguish between Set Off and Counter Claim

7. (a) Whether Public Limited Company can be an Indigent Person? Elucidate?
(b) Describe the procedure for filing a caveat and the effect of filing it.

8. What is the distinction between a mortgage, hypothecation, pledge and floating charge?

9. Write short notes on
(a) Servitude
(b) Quasi - Necessity easement
(c) Assignment
(d) Bonafide transferee

10. (a) Noting and Protest.
(b) Payment in due course
(c) Continuous running of time
(d) Continuing breaches and torts.

Saturday, September 24, 2011

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - IV

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - IV

1. (a) Can mandatory injunction on an interlocutory application be granted? State principles and circumstances.
(b) What are the presumptions relating to Negotiable Instrument.

2. Distinguish between
(a) Lease, License and Easement
(b) Vested Interest, Contingent Interest and Conditional transfer.

3. (a) What is the limitation period for executing
(i) money decree
(ii) decree for mandatory injunction
(iii) decree for perpetual prohibitory injunction.
(b) Distinguish between liquidated damages and penalty. How far this distinction affects the amount of compensation and breach of contract.

4. (a) Interpleader suit
(b) Garnishee
(c) Caveat
(d) Misjoinder of cause of action

5. (a) Explain the provision in the Section 89 of CPC.
(b) Explain the principle of restitution as envisaged in section 144 of CPC.

6. (a) Refreshing memory
(b) Hostile witness
(c) Document
(d) Facts in Issue

7. (a) Defamation under IPC and its exceptions.
(b) Distinguish between Murder and Culpable Homicide.

8. (a) What is the maximum period for which an under trial prisoner can be detained?
(b) Can a sub inspector who gets information that arrack is being distilled in a house, enter, search and seize the same at night without informing the Excise Officials and without warrant from a Magistrate? Precautions and procedure to be followed by him.

9. Explain Order of maintenance of wives, children and parents.

10. (a) Police report
(b) Transfer Intervivos
(c) Material Alteration
(d) S. 313 statement

Thursday, September 22, 2011

Any Questions ???

Model Papers are being posted for aspirants to practice for main exam once a week. If anyone is not able to find answer to any of the questions, then let me know.

I'll try to post answer to those questions, but might take sometime.

All the best.

Saturday, September 17, 2011

JCJ EXAM MODEL PAPER - III

JUNIOR CIVIL JUDGE WRITTEN EXAM MODEL PAPER - III

All questions are compulsory. Each question carries 8 marks.

1. (a) What is meant by committal to Court of Sessions? What are the procedural requirements to be complied with while passing an order of committal?
(b) What are the safeguards to be adopted by the Magistrate while conducting Identification Parade? What is its probative value?

2. What is Investigation? Does it differ from Inquiry? What is the procedure for recording statements of the witnesses during investigation?

3 (a) What is the sentence of imprisonment that can be imposed in default of fine?
(b) Is a tresspasser entitled to exercise the right of private defence of person and property?

4. (a) All Confessions are Admissions but all Admissions are not Confessions. Discuss.
(b) Define Dowry Death. When can the Court presume that a person has committed Dowry Death of a woman?

5. Explain the powers of civil court in incidental and supplemental proceedings.

6. (a) Explain the circumstances in which court can be asked to review its own decree or order.
(b) What is an exparte decree? What are the criteria for setting aside exparte decree?

7. (a) What are the nature of liabilities under Contract of Indemnity and Guarantee?
(b) How can a right of easement be acquired by prescription? What rights cannot be acquired by prescription?

8. (a) Discuss the provision of Limitation Act for computation of limitation in the case of the person under legal disability.
(b) A minor issues a cheque in discharge of a liability and it was dishonoured. Whether he is liable to be prosecuted under S. 138 NI Act?

9. Discuss rights and liabilities of Mortgagor and Mortgagee.

10. (a) What is Injunction and its kinds?
(b) What is the procedure to be followed for production of records in the custody of a public officer other than a court?

JUNIOR CIVIL JUDGE WRITTEN EXAM

Saturday, September 10, 2011

JCJ EXAM MODEL PAPER - II

JCJ EXAM MODEL PAPER - II

Answer all questions. Each question carries 8 marks.

1. (a) Cases in which Injunction cannot be granted.
(b) Explain the circumstances when consent is not said to be Free.

2. (a) Properties which cannot be transferred as per Transfer of Property Act.
(b) Different modes of extinction of easement.

3. (a) Write down the seven General Exceptions in IPC
(b) Summarize Offenses relating to Marriage under IPC.

4. Comment on probative value of
(a) Evidence of prosecutrix
(b) Evidence of Child witness
(c) Evidence of Accomplice
(d) Dying Declaration

5. (a) When does a suit abate and what is the effect of the abatement.
(b) The Law of Limitation does not extinguish the right of a party but only prescribes a statutory period after which the remedy to enforce the right is barred. Explain with reference to law relating to adverse possession.

6. Explain Jurisdiction and its kinds. Elaborate and explain can there be waiver of objection to territorial, pecuniary and inherent jurisdiction.

7. (a) What are the guidelines for appointment of Receivers and Commissioners?
(b) Procedure to be adopted by third party for inspection of records of suit in a court.

8. (a) Differentiate between Bill of Exchange and Cheque.
(b) Can a person charged for an offense u/s 324 IPC and convicted for Sec 326 IPC? Is offense u/s 379 compoundable?

9. Explain the following
(a) Cognizable Offense
(b) Summons case
(c) Inquest
(d) Victim

10. Write about Hierarchy of courts and powers to pass sentences.

Tuesday, September 6, 2011

Time management for JCJ Mains Exam

The Mains Exam paper will have 10 questions to be answered and each question carries 8 marks.
There can be a single question for 8 marks or 2 questions of 4 marks each or 4 questions of 2 marks each.

In order to give answers to all the questions in the allotted time, try to cut short you answer and write point to point what is asked in the question.

Length of Answers:

For 8 marks question - Length of your answer should be 2 pages i.e both sides of a paper
For 4 marks question - Reduce your answer to 1 page
For 2 marks question - Write down relevant points in 1/2 page.

All the best.

JCJ EXAM MODEL PAPER - I

JCJ EXAM MODEL PAPER - I

All Questions are Compulsary. Each Question carries 8 marks.

1. When court is said to have cognizance? What are the options and limitations?

2. (a) Can a person charged for an offense and put to trial be convicted for another offense. Illustrate with Examples.
(b) When can accused be discharged and acquitted. Differentiate between them.

3. Distinguish between
(a) Common intention and common object
(b) Theft and Extortion
(c) Criminal Misappropriation and Criminal breach of trust
(d) House trespass and Criminal trespass

4. (a) Primary Evidence and Secondary Evidence? Cases in which secondary evidence relating to documents may be given?
(b) Important exceptions to Hearsay Rule embodies in Evidence Act.

5. (a) What consequences ensue on dishonour of cheque for insufficiency of funds in the account of the drawer? Write a brief note on relevant provision of NI Act.
(b) Cases in which court cannot grant Injunction

6. Short Notes on
(a) Doctrine of Part Performance
(b) Feeding the grant by estoppel
(c) Onerous Gift
(d) Easement by Prescription

7. (a) Explain Res Subjudice and Res juduicata
(b) What principles are applied in dealing with application for grant of an order of injunction; and in injuction to restrain encashment of unconditional bank guarantee.

8. (a) Properties liable and exempt from attachment.
(b) How should the documents exhibited in evidence be marked by court as per Civil Rules Procedure.

9. (a) Write down the guidelines laid down by Supreme Court in D.K. Basu Vs State of West Bengal.
(b) Guidelines to be followed by Magistrate while recording confession.

10. (a) Inherent powers of court
(b) Enlargement of time
(c) Mesne Profits
(d) Representative suit

Tuesday, August 30, 2011

Preparation for JCJ Mains Exam

This blog is created to help the aspirants of Junior Civil Judge posts in Andhra Pradesh. Model Question Papers will be posted on this blog, which will help the aspirants to evaluate themselves as to how much they are prepared.

Any suggestions ....