Saturday 30 December 2017

Previous Mains DJS Questions

[This blog is to provide the areas in law from where the questions were asked and the marks on each question. This analysis is based on the questions asked from year 1979 onwards] [This is only to give a rough idea which area is more important for mains and ought not to be missed]

CRIMINAL LAW

LONG QUESTIONS
75 marks Judgment
Circumstantial evidence – murder u/s.302 IPC
murder u/s. 302 IPC considering exception I
circumstantial evidence – DD – Mukherjee Nagar Case
decide Appeal – evidences – u/s.302 IPC – actual case related
u/s. 363/376 IPC – actual case related

60 marks Judgment
facts given of theft & criminal misappropriation

50 marks
decide – murder or culpable homicide – facts given
Judgment – 304 PartII charged and defence of 304A argued
legitimacy of a child – A (ex-husband) disowns child born after 6 months of divorce, but wife remarried

30 marks
discuss attempt (S.511 IPC) 2 parts (a) & (b) separate facts given to be decided
decide on facts given whether confession or not
decide on facts given relevant facts to prove negligence, intention or knowledge of the accused
charge framing and also applicability of section 34 IPC on facts given
dying declaration – statements made before SDM, is it DD?
statutory bail – section 167 CrPC
decide on facts provided – facts related to Agnoo Nagesia case
charge framing and judgment – facts given – scuffle, private defence, exceeding.
decide in composite order 3 applications – of father, accused against custody of minor daughter/wife.

25 marks
decide application u/s. 125 to the child (of wife and her paramour) between the husband & paramour of the wife who did not know about the earlier marriage
decide application u/s. 245(2) & 300 CrPC – 2 accused apprehended who earlier absconded and other 2 accused were charged and acquitted.
decide additional prosecution – sec. 309 CrPC
decide power of Magistrate u/s. 203 & 245(2) CrPC in warrant case (jurisdiction of MM), and what difference in power if case is summons case
decide – application evidence – DNA profiling and Art. 20(3)
charge, cements of charge, circumstances under which alteration, effect.
Charge framing – based on facts given

20 marks
Judgment – u/s. 304B, 201 IPC
Judgment – u/s. 304A/299/34 IPC
decide application u/s. 125 CrPC – facts given
decide – facts given – kidnapping, rape with minor under consent, rape without consent
kidnapping when minor itself leaves by her consent

15 marks
decide bail application – facts given

12.5 marks
whether case made u/s. 153A IPC; and 201 IPC (2 questions)


SHORT QUESTIONS
25 marks short notes
procedure and precaution u/s. 164 CrPC;
principles governing Award of compensation u/s. 357CrPC;
plea bargaining; admissibility of finger prints;
option to magistrate at time of closure/ cancellation report;
principles governing grant of anticipatory bail;
Death by negligence in light of plea bargaining;
bail and parole;
sentencing parameters in non-bailable offences;
abetment, conspiracy, common intention – do they overlap;
locus-standi in a protest petition – can it be after closure report;
cyber-crime and electronic evidence – admissibility; presiding judge not to be spectator (inquisitorial trial);
judgment per incuriam & sub-silentio;
value of dying declaration in other language;
TIP not substantive evidence;
plea of estoppel not same as autrefois acquit

20 Marks
plea bargaining, in what cases not available

15 marks
bails in matter of non-bailable offences is a matter of discretion – reference to provisions of CrPC;
Anticipatory bail u/s. 438CrPC;
Maintenance u/s. 125 – persons, factors, interim, enforcement;
dying declaration, sole basis, case law;
confession, types inadmissible in evidence, exception – provisions; child witness;
TIP;
cognizable & non-cognizable offences;
bail in non-bailable offences;
evidentiary value of defence evidence in a criminal trial

10 marks
coercive steps by magistrate to enforce attendance by MM

6 marks
competence of a witness;
relevancy, admissibility, & credibility of evidence;
evidence of an accomplice; privileged communication;
presumption of fact & presumption of law;
burden of proof & onus of proof;
relevance of evidence of good character in civil and criminal cases;
statements recorded u/s. 161 & 164 CrPC;
investigation, inquiry & trial;
search warrant & production warrant;
police remand & judicial remand;
coercive steps to be adopted by courts to produce attendance of an accused;
complaint case & police case.

5 Marks
distinguish between :- cognizable & non-cognizable offence;
bailable & non-bailable offence;
compoundable & non-compoundable offence;
summary trial, summons trial & warrant trial;
breach of trust & criminal misappropriation;
kidnapping & abduction;
robbery & dacoity;
mistake of fact & mistake of law;
common intention & common object;
abetment & criminal conspiracy


CIVIL LAW I
LONG QUESTIONS – PRACTICAL PROBLEM BASED
75 marks
Judgment – mandatory injunction
Judgment – suit for damages – doctor’s negligence
Judgment – rendition of accounts and recovery of amount

25 marks
Judgment – section 10-14 SRA
Decide – section 12(1) SRA

20 marks
Suit for specific performance
Decide - effect on partnership when one retires without giving notice – facts given
Decide – eviction on ground of sub-let – facts given
Decide – facts given on Contract in restraint of trade
Decide – application for maintenance under section 18 HAMA when in criminal proceeding issue settled
Decide – facts given as to permanent injunction from restraining marriage
Decide – facts given as to validity of a marriage, when earlier marriage was divorced vide an ex-parte decree later set aside in appeal?
Decide – decree of divorce on given set of facts
Decide – Vicarious liability of the State on the facts given
Decide – facts on defamatory statements made, when trial court rejected on the basis of the defence pleaded by the defendant
Decide – facts related to negligence by doctor in performing tubectomy operation upon a women
Decide – negligence of the 3 year old child or the zoo authority in reaching the close fence of a tiger kept in zoo

15 marks
Decide – facts given validity of hindu marriage – status of issue born out of marriage declared later to be nullity
Decide – conversion of suit for RCR into suit for mutual consent
Decide – eviction – when the landlord’s wife allotted a government flat – actual case
Decide – eviction when alternate accommodation available
Decide – eviction – when lease contrary to terms of DDA & lease termination notice served
Decide - Decree for divorce on cruelty – facts given

12.5 marks
Decide - Agreement in restraint of trade – facts given
Decide – authority of a partner of a firm – facts given
Decide – enforcement of promissory note signed by minor and ratified when major
Decide – suit for damages – concluded contract by way of bid, later bidder failed
Decide – facts given on re-sale by unpaid seller
Decide – unjust enrichment – quasi contract – section 69 ICA

10 marks
Decide – eviction substantial damage caused due to negligence of the tenant
Decide – suit for dissolution of partnership when not registered
Decide – suit for declaration, specific performance, damages – facts given
Decide – facts on place of acceptance
Decide – maintainability of eviction petition – when rent exceeds Rs. 3500/-

8 marks
Decide – claim of share by daughters in family governed by the customs of male linear primogeniture (S.6 HAS)

2 marks
time when proposal, acceptance, revocation complete – 4 questions
rule as to postal communication
enforceability of agreement to withdraw prosecution in return of price stolen
enforceability of agreement to secure job for Rs. 1,00,000/-
decide – facts – whether partnership or not- S.6 IPA


SHORTS QUESTIONS - THEORETICAL
20 marks
Registration of firm is discretionary; consequences of non-registration
Limited Period Tenancy – essential requirements in light of case – Noronah v. Prem Kumar Khanna, 1980 (1) SCC 52
Law may refuse to give effect to contract on the ground of illegality, comment
Specific Performance is discretionary remedy in India
Significant amendments made to HAS, 1956

15 marks
Section 6 – Hindu Mitakshara Coparcenary, right and liabilities of a daughter, effect of Will made by a daughter of coparcenary property


12.5 marks
Doctrine of frustration or impossibility. Give illustration
Exception to rule of ‘caveat emptor’

10 marks
Distinction between torts and crime, and certain wrongs both in crime and torts
Discuss - Torts is essentially based on equity and justice, but essence of tortious liability lies in violation of legal right
Maintenance for Muslim women & children – how, what and from where
Essentials of valid gift or Hiba – ancestral & self-acquired property
Do you agree - Muslim marriage is civil contract
Discuss – bank can be injuncted from honouring a guarantee issued by it in favour of the beneficiary
Difference between – liquidated damages and other damages
Reasonable compensation when impossible for court to access damages and not favourable to award specific performance
Amount of Compensation based on Hadley v. Baxendale Case
Interplay between section 14(6) and 14-D DRCA – decide on facts given


8marks
Rules of succession as it stands today

6 marks
All Contracts are agreement, not all agreement are contract
Distinguish between – ahsan talaq, hasan talaq & talaq-e-tafwid
Principles grant of temporary injunction
Contract cannot be specifically enforced

5 marks
‘Res ipsa loquitur’ – facts given to identify the maxim
Scope and condition of applicability of res ipsa loquitur
Is it proof or presumption
Applicable – when a child found dead in a gutter
Fault based divorce is inadequate – discuss with provisions
Ground of dissolution of marriage under Dissolution of Muslim Marriage Act, 1939
Does firm require compulsory registration
Essentials of negligence under torts
Concept of vicarious liability

4 marks
Inclusive definition of Hindu – can it apply to person not H/B/J/S?
Facts to be averred and proved by the person seeking specific performance of contract

2 marks
Mahr or dower
Khiyar al-bulugh or ‘option of puberty’
Partnership
Partnership at will
Mutual rights and liabilities of partner
Role of equity in granting imjunction
Mandatory injunction


CIVIL LAW II
LONG QUESTIONS – PRACTICAL PROBLEM BASED
25 marks
Decide – Challenge as to jurisdiction at the stage of execution under CPC
Decide – mix question on summary suit, order 9 rule 13 CPC?
Decide – facts given – dismissal of suit before settlement of issues under CPC
Decide – validity of decree and mixed with Section 10 CPC
Decide – suit against minor and appointment of next friend and also about guardian
Decide – facts given on limitation & requisites and effect of acknowledgment
Decide – facts given – on primary and secondary evidence
Decide – facts on injunction
Decide – facts given – issue related to O2R2 CPC
Decide – facts given – issue of presumption of death u/S.107 IEA
Decide – facts given – objection against the foreign decree on ground that the decree was not on merits, S.13 CPC
Decide – facts given – issue related to res judicata
Decide – facts given – objection for non-registration of compulsory document provided u/s.49
Decide – facts given – amendment of pleadings u/O6R17 CPC
Decide – facts given – unregistered agreement to sell – in evidence or not?
Decide – facts given – decree u/O8 R10 for not presenting written statement despite allowing time

20 marks
Decide – on facts given – whether documents must be registered compulsorily
Decide – facts given – use of registered lease deed for collateral purpose
Decide – facts given – use of unregistered partnership deed at time of dissolution
Decide – facts given – effect of registration – anti-time, non-registration and non-possession will fail transfer of property
Decide – facts given – issue as to limitation period – suit being barred or not
Decide – tenancy by holding over (juridical possession) and issue of vacation
Decide – facts given – whether exclusion under section 14 available or not
Decide – facts given – suit relating to S53A TP Act and S.49 Registration Act

15 marks
Decide – facts given - Appeal to Court against non-registration by Sub-registrar
Decide – facts given – title by adverse possession whether complete or not
Decide – facts given – amendment of pleading O6R17 CPC

10 marks
Decide – facts given – whether secondary evidence admissible
Decide – reliability on documents which was earlier not produced after notice
Decide – exclusion when application to sue as indigent is withdrawn
Decide – application u/O7 R11(d) against suit for recovery of liquidated damage by way of penalty
Decide – limitation period when payment was dishonoured S.19
Decide – on facts given – application for substitution of LRs when not made within time
Decide – examination as own witness who the party has earlier cross examined
Decide – execution application when subsequent charges have been accrued
Decide – on facts given – objection under O2R2
Decide – on facts given – maintainability of review application when appeal withdrawn
Decide – on facts given – maintainability of counter claim against non-party to the suit
Decide – on facts given – maintainability of suit under Order 37
Decide – compromise arrived between parties, but defendant fails to honour the settlement
Decide – facts given – preliminary issue as to suit being barred by law of limitation
Decide – facts given – application of temporary injunction
Decide – facts given – secondary evidence when its authenticity rebutted
Decide – facts given – admissibility of an unregistered document
Decide – facts given – plaintiff rebuttal evidence – Order 18 Rule 3 CPC
Decide – facts given – suit being within limitation period
Decide – facts given – application for temporary injunction
Decide – facts given – suit being barred by law of limitation
Decide – facts given – 2 objection to suit under O2R2 and Section 10 CPC
Decide – facts given – application u/O39R2A – violation of interim order of Court
Decide – facts given – substitution application formed after time allowed
Decide – facts given – preliminary issue as to suit being barred by time (case related to continuing wrong)

SHORT QUESTIONS – THEORETICAL
25 marks
Explain the legislative policy behind Section 123 and 162 of the IEA
Distinction between illegal decree and a void decree/ can void decree be challenged in collateral proceedings
Difference between resjudicata and constructive resjudicata? What provision contains the principle of constructive resjudicata?
Principles regarding suit under O37 CPC as laid down in M/s. Mechalec Engineers & Manufacturers v. M/s. Basic Equipment Corporation, MR 1977 SC 577
Examine and given reason for compulsory/optional registration – 3 documents given

5 marks
Site the provision in law of Evidence – against illustration given related to ‘admitted facts need not be proved (S.58)’; books of accounts (S.33); Question under cross examination; summoning of documents; settlement with no prejudice clause.


GENERAL KNOWLEDGE PAPER
2 marks
Reason for the person, thing in general news recently? (5) (5)
person named (renounced personality recently or in history) – identify/ famous for? (5) (5) (5)

1 mark
related to current affairs in general news recently (10) (10) (10) (8)
related to general awareness – history, science, etc. part of static G.K. (10) (10) (10) (8)
name of person/ novelist who wrote the following - names of books, novels, etc. (10) (10) (10) (7)
places – questions on Indian geography? (10) (7)



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