JCJ Model Examination dated 29.07.2012
conducted by
ALL INDIA
LAWYERS’ UNION (A. I. L. U)
A. P. State Committee, Hyderabad.
Time
: 3 Hrs,
Answer any Five from each Part
Part – A (Criminal)
1.
a)
What is meant by alteration of Charges ? At what stage
of the trial such alteration may be allowed? What is the duty of the court
relating to alteration of charges?
b)
Briefly explain Consolidation of Criminal cases by the
court as laid down U/Secs 218 and 220 of Cr.P.C.
2.
a)
Briefly explain the procedure to be followed by a
Magistrate in case of trial of warrant case instituted otherwise than on a
police report?
b)
Explain the differences between ‘Acquittal’ and
‘Discharge’
3.
a)
Distinguish between ‘Kidnap’ and ‘Abduction’.
b)
Distinguish between ‘Criminal breach of Trust’ and
‘Criminal Misappropriation’.
4.
a)
Briefly explain the evidentiary value of ‘Test
Identification Parade’ with relevant legal provisions
b)
Explain the evidentiary value of ‘Dying Declaration’
5. Explain
a)
Abetment
b)
Forgery
c)
Cheating
d)
Conspiracy
6. Explain
a)
Resgestae
b)
F.I.R
c)
Denovo trial
d)
Burden of Proof
7.
a)
Explain the limitations under which Right of Private
defence of person and property can be exercised
by a person.
b)
A Judicial First Class Magistrate, while recording a
confession of accused, forgot to issue a warning about the consequences of the
confession, but satisfied that it is voluntarily given. The accused during the
trial pleaded that the confession is invalid. Decide the validity
Part – B (CIVIL)
1.
A obtained an exparte decree for divorce against her
husband, the husband preferred an appeal in the High Court. However as the
appeal was beyond Limitation, an application under Sec. 5 of the Limitation Act
for condonation of delay in filing the appeal was also made. The High Court
dismissed the appeal as being time barred, There after, the husband filed in
the trial court an application under Order IX Rule 13 of the Code of Civil
Procedure for setting aside the ex parte decree. It was contended on behalf of
the wife in the said application that as the appeal in the High Court against
the ex parte decree was dismissed, the application for restoration of the suit
under Order IX Rule 13 was not maim tamable. The court, However negatived the
contention of the wife and held that the application was maintainable not
withstanding the dismissal of the appeal by the High Court. Discuss the
correctness of the decision in the light of the provisions of the Order IX Rule
13 of the Code of Civil Procedure.
2.
a)
State the cases where an injunction is not granted when
a suit is instituted for. Whether a court can grant an injunction for
enforcement of negative agreement?
b)
Briefly explain the cases where a temporary injunction
is granted. Whether the court is bound to follow any cardinal principles at the
time of granting the injunction? If so, what are they?
3. Explain
a)
Sub agent and Substituted agent
b)
Contract of Indemnity and Guarantee
c)
Vested and Contingent Interest
d)
Time bar and Claim bar
4.
a)
Briefly explain the elements of lease and kinds of
lease.
b)
What is a mortgage? How it differs from pledge?
5.
a)
What is meant by estoppel? How it differs from res
judicata?
b)
What is meant by impounding of an instrument? How the
impounded instruments are dealt with?
6.
Explain
a)
Holder in due course
b)
Dishonour of a cheque
c)
Effect of part payment
d)
Adverse Possession
7.
Explain
a)
Wilful default
b)
Joinder of parties
c)
Garnishee order
d)
Restitution
