Questions asked in JCJ Mains for 2015 – A.P. Junior Civil Judge Exam held on 8th November, 2015

High Court of Judicature at Hyderabad

For the State of Telangana and the State of Andhra Pradesh

Written Examination for recruitment to the

Post of Civil Judge (Junior Division)

DATED: 8th November, 2015

Time: 10:00 AM to 1:00 PM (3 Hours)                                                Maximum Marks: 80

Important: Answer all 8 Questions.

PART – A

  1. Answer the following:
  • (a) In a contested suit in City Civil Court, Hyderabad, plaintiff has led and closed evidence. Defendant failed to lead evidence in spite of opportunities; hence the defendant’s evidence was closed. The Court heard arguments of plaintiff and decreed the suit on merits. What is the nature of decree, whether ex parte or contested? Explain.                                                                                       (3 Marks)
  • (b) What is the remedy available to the defendant?    (2 Marks)
  1. Answer the following:
  • A registered lease of a building under the Transfer of Property Act original term expired. Whether the tenant can claim oral renewal? Explain.            (2 ½ Marks)
  • Tenant of a mortgagee, whether such tenancy survives on redemption of mortgage?                                                                                     (2 ½ Marks)
  1. Answer the following:
  • (a) Explain, when a licence is not recoverable by grantor?    (2 Marks)
  • (b) ‘A’ filed a suit for specific performance of an agreement of sale against ‘B’. Pending the said suit, the defendant/owner transferred by a registered sale deed the suit schedule property to ‘C’, who got impleaded as defendant No.2. ‘C’ seeks to file a written statement by raising several defences, not pleaded by ‘B’. Whether ‘C’ can be allowed to plead new grounds of defence? Explain.                            (2 Marks)
  1. Explain the following:
  • (a) Rule against perpetuity with its exceptions.                                       (3 Marks)
  • (b) Condition restraining alienation with exceptions.                           (3 Marks)
  1. Answer the following:
  • (a) Briefly narrate the postulates of Section 29-A of the Hindu Succession Act, 1956.                                                                                                                                                                 (3 Marks)
  • (b) ‘A’ the daughter of ‘B’, who is the head of a joint Hindu family was married after 5.9.1988 i.e., the commencement of Section 29-A of the Hindu Succession Act. She brought an action seeking partition against ‘B’ and her brothers ‘C’ and ‘D’. The defence of the defendants is that partition took place among them on 6.10.1984. Whether ‘A’ is entitled to decree for partition? Your answer must be supported by reasons.    (3 Marks)
  1. Whether failure on the part of the tenant in paying the rents on the ground that he entered into an oral agreement of sale with the owner of the property to purchase the same would amount to wilful default on the part of the tenant in paying of rents under the Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960 and whether he is liable to be evicted straight away on that ground?    (5 Marks)
  2. Elaborate on and discuss in detail the disqualification of heirs under the Hindu Succession Act, 1956, and explain what will happen if there are no qualified heirs to inherit the property of the deceased.    (4 Marks)
  3. Explain the concept of agency under the Indian Contract Act, 1872, with reference to how an agency may be created and terminated.    (5 Marks)

OR

  • ‘K’, the Hindu widow of ‘R’, a Hindu himself, sold a house to ‘N’ in January, 1954, though there was no legal necessity. ‘S’, the reversioner of ‘R’, filed a suit challenging the said sale and sought declaration of his title over the said house. During the pendency of the suit, the Hindu Succession Act, 1956, came into force. ‘K’ died in May, 1957. It is contended by ‘N’ that ‘K’ became the full owner of the said house as the Hindu Succession Act, 1956, had come into force by the date ‘K’ died and hence, the sale by her in his favour is protected. What is the legal position? Discuss.                                                                                                                                                                (3 Marks)
  • ‘P’ married ‘X’ in 1976 and had ‘B’, a son, by her. ‘P’ then married ‘Y’ in 1986, while still married to and during the lifetime of ‘X’, and had ‘C’, a daughter, by her. ‘P’ died intestate in 2010. Would ‘Y’ and/or ‘C’ have any right in law to inherit a share in P’s property? P, X, B, Y and C are all Hindus. Explain.    (2 Marks)

 

 

 

 

 

PART – B

  1. Answer the following:
  • (a) Distinguish between ‘common intention’ and ‘common object’.               (3 Marks)

OR

  • Distinguish between ‘house trespass’ and ‘criminal trespass’.                       (3 Marks)

 

  • (b) State briefly the difference between offence of ‘theft’ and ‘extortion’.    (3 Marks)

OR

  • State briefly the difference between offence of ‘robbery’ and ‘dacoity’.        (3 Marks)
  1. Answer the following:
  • (a) When can the Court invoke the burden of proof under Section 106 of the Indian Evidence Act?                                                                                           (4 Marks)

OR

  • (b) In your own words, narrate two exceptions to Section 300 of the Indian Penal Code showing as to when culpable homicide is not murder.    (4 Marks)
  1. Answer the following:
  • (a) Is imposition of fine, while convicting the accused for an offence punishable under Section 302 of the Indian Penal Code and sentencing him to death, mandatory and if so under what provision of law?                                                                   (3 Marks)
  • (b) What is the proper Court having territorial jurisdiction for filing a private complaint for an offence under Section 138 of the Negotiable Instruments Act?       (3 Marks)
  1. Answer the following:
  • (a) Whether a person below 18 years at the time of the incident can claim benefit of the Juvenile Justice (Care & Protection of Children) Act, 2007 any time?    (2 Marks)

 

  • (b) Wife filed a petition under Section 125 of the Cr.P.C., for maintenance against her husband and she has been awarded maintenance of Rs.10,000/- per month as against her claim for Rs.50,000/- per month. Wife subsequently, files an application under Section 20 of the Protection of Women from Domestic Violence Act, 2005, seeking monetary relief by stating that the maintenance awarded under Section 125 of Cr.P.C., is meagre. Having been awarded the maintenance under Section 125 of the Cr.P.C., is the wife’s claim for the same under the Protection of Women from Domestic Violence Act, 2005 maintainable?                                                    (4 Marks)
  1. Answer the following:
  • (a) Whether wife can file a petition under the Protection of Women from Domestic Violence Act, 2005 complaining of domestic violence occurred before the commencement of the Act and when she was not residing with her husband at the time of coming into force of the said Act?  (3 Marks)
  • (b) Is deprivation of financial resources a ground for filing a petition under the Protection of Women from Domestic Violence Act, 2005?    (3 Marks)
  1. Define the following offences indicating the relevant provisions in the Indian Penal Code and the punishment prescribed therefor:             (6 Marks)
  • Voluntarily causing grievous hurt by use of acid.
  • Sexual harassment.
  • Stalking
  1. Answer the following:
  • What is the punishment for a person previously convicted of an offence under Section 376 or Section 376A or Section 376D of I.P.C., and is subsequently convicted of an offence punishable under any of the said Sections?    (3 Marks)

OR

  • State the instances when the right of private defence of property extends to causing death?                (3 Marks)

OR

  • Define ‘criminal conspiracy’? What is the punishment prescribed for ‘criminal conspiracy’ under the Indian Penal Code, 1860?    (3 Marks)
  1. Define the following offences mentioning the relevant provisions and state the punishment prescribed thereof:
  • Dishonest misappropriation of property possessed by deceased person at the time of his death.      (3 Marks)
  • Dishonestly receiving property stolen in the commission of a dacoity.    (3 Marks)
  • Mischief by fire or explosive substance with intent to destroy house, etc.    (3 Marks)

 

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