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PAPER I PP

PAPER I PP

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Published by legallyindia
Past Bombay Solicitors papers by the Bombay Incorporate Law Society (BILS), via http://www.legallyindia.com
Past Bombay Solicitors papers by the Bombay Incorporate Law Society (BILS), via http://www.legallyindia.com

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Categories:Types, Business/Law
Published by: legallyindia on Oct 15, 2013
Copyright:Attribution Non-commercial

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07/05/2015

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EXAMINATION OF ARTICLED CLERKSPAPER IPRACTICE AND PROCEDUREDate: Monday, 29
th
October 2012Time: 3 hours (1.00 pm to 4.00 pm)(Total Marks -100)
Q1
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?
6Q2
(a)State briefly the various kinds of Writs that the High Court isempowered to issue under Article 226 of the Constitution of India.
4
(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
1
(ii)The Writ Petition involves disputed facts which requires evidence tobe led.
1Q3
(a)What are the powers of Appellate Court?
3
(b)When does an appeal lie to the Supreme Court?
3Q4
 (a)Please discuss the Doctrine of Res Judicata.
8
(b)Please discuss Notice under Section 80 of the Civil Procedure Code1908.
4Q5
(a)Please give four instances each which necessitate proceedings byway of (i)Notice of Motion
4
(ii)Chamber Summons
4
(b)What are Commercial Causes?
4Q6
Please discuss any five of the following:
20
(a)Settlement of disputes outside the Court(b)Framing Issues
1
 
(c)Substituted Service(d)Exparte Decree(e) Garnishee Notice(f)Decree for restitution of conjugal rights(g)Summary Suit(h)Revision
Q7
(a)When should leave under Clause XII of the Letters Patent be appliedfor?
4
(b)Please draft a Petition for leave under Clause XII of the LettersPatent.
6Q8
Please discuss Suits by Indigent Persons
8
Or
Q8
Please discuss Interpleader Suit
8Q9
 There are certain contracts which can be specifically enforced andsome contracts which cannot be specially enforced. Please discuss.
10
Or
Q9
While Public Interest Litigation is an effective remedy, care should betaken that the same is not abused. Please discuss.
10Q10
Are the following true or false:
10
(i)Order II, Rule 2 of the Code of Civil Procedure, 1908 shall apply toplaints filed in support of Originating Summons.(ii)It shall not be necessary to draw up Orders made in interlocutoryproceedings unless the Court otherwise directs.
 
(iii)Will does not include a codicil.(iv)Any person intending to oppose the grant of probate shall file acaveat within 21 days from the service of the citation upon him.(v)When a conditional attachment before judgement is granted underOrder XXXVIII, Rule 5 of the Code of Civil Procedure, 1908, it shallcontinue till the day named in the warrant or until further order of the Court.(vi)A writ of Habeas Corpus can be issued in favour of a foreigner.(vii)If the Plaintiff does not apply for a decree within four months afterfiling of Summary Suit, the suit shall be set down for dismissal on theboard of the Judge in Chamber.(viii)Copy of the order appealed from need not accompany theMemorandum of Appeal.(ix)Writ of Summons can be served on Saturdays even without leave of the Court.(x)An advocate can appear on both sides in a Suit if the parties to theSuit have no objection.
2

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