EXAMINATION OF ARTICLED CLERKSPAPER IPRACTICE AND PROCEDUREDate: Monday, 29
October 2012Time: 3 hours (1.00 pm to 4.00 pm)(Total Marks -100)
Your client wants you to enforce a Foreign Award in Mumbai (which isin his favour) and has instructed you to file a Petition forenforcement of the foreign award. What are the documents you willcall for from your client to enable you to file the Petition?
(a)State briefly the various kinds of Writs that the High Court isempowered to issue under Article 226 of the Constitution of India.
(b)What are the limitations on the power conferred on the High Courtunder Article 226 of the Constitution of India to entertain writswhere(i)there is an alternative remedy available to the Petitioner
(ii)The Writ Petition involves disputed facts which requires evidence tobe led.
(a)What are the powers of Appellate Court?
(b)When does an appeal lie to the Supreme Court?
(a)Please discuss the Doctrine of Res Judicata.
(b)Please discuss Notice under Section 80 of the Civil Procedure Code1908.
(a)Please give four instances each which necessitate proceedings byway of (i)Notice of Motion
(b)What are Commercial Causes?
Please discuss any five of the following:
(a)Settlement of disputes outside the Court(b)Framing Issues