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