10 W B C S Judicial Compulsory Question Paper-2018

WBCS Judicial Compulsory Question Paper-2018 1 1

CRIMINAL PROCEDURE CODE
AND INDIAN PENAL CODE effecttddly exercise his right.of private defense without firing on the mob
and he cannot fire without risk of harming four children who are mingled
Time Allowed : 3 Hours F u l l Marks : 100 with the mob. Whether A commits any offence i f by firing he harms any
Group—A of the children? 7 + 3
8.(a) Define abduction and point out the difference between kidnapping
Attempt any five questions.
from India and kidnapping from lawful guardianships
(a) Discuss the polder of Magistrates to sentence to imprisonment in (b) Write the difference between Cheating and Forgery. 5 + 5
default of fine. 9.(a) Define Extortion and distinguish between Extortion and Robbery.
(b) State the rule as to sentence in case of conviction of several offences (b) When Theft becomes robbery? Explain with illustration. 5 + 5
at one trial. 5 + 5 10.(a) What are the exceptions of Section 300 of I.P.C.? Explain with
2.(a) Is it necessary that an arrest to be made by a police officer must judicial pronouncement.
always be under a warrant? State the exception to this principle. (b) Distinguish between Culpable Homicide and Murder. 6 + 4
(b) What is the procedure to be followed by him in case of such arrest? 11.(a) What are the essential ingredients to bring a charge under Section
4+6 304B, I.P.C.?
3.(a) What is public nuisance? When can the Magistrate pass an order (b) Compare Section 304B o f I.P.C. with Section 498A of I.P.C. with
for removal of nuisance or apprehended danger? special reference to cruelty. 3 + 7
(b) Under which circumstances can a Magistrate pass an order o f 12. Write notes on any four of the following :
injunction against the person whom an order has been made under Section (a) Mistake of Fact
133 of Cr. P.C.? 6 + 4 (b) Common intention
4.(a) What is anticipatory bail? Which Court can grant such bail? (c) Doli incapax
(b) X Lying reason to believe that he may be arrested on an accusation (d) Territorial and extra-territorial operation of the Code
of having committed of voluntary causing grievous hurt makes an application (e) Waging war
for anticipatory bail. Will X be granted anticipatory bail? 6 + 4 (t) Offence of Sedition! 2 V 2 x 4
5.(a) When can the State Government or the Central Government directs
the Public Prosecutor to present an appeal to the High Court against sentences INDIAN EVIDENCE ACT
on the ground of inadequacy? Can the High Court enhance the sentence and
i f so, under what circumstances? Time Allowed : 3 Hours F u l l Marks : 100
(b) Does an appeal lie from an order of acquittal and if so. to Group—A
which Court? 2 ' 4 + 2 1 / 2 = 5 Answer Question No. 1 and any TWO from the rest.
6. Write short notes on any four of the following
(a) FIR 1. The enactment and adoption of the Indian Evidence Act, 1872 was a
(b) Limitation for taking Cognizance path breaking judicial measure introduced in India which changed the entire
(c) Plea bargain system of concepts pertaining to the admissibility of rules of evidence in
(d) Joinder of charges the Indian Courts of law - Discuss the nature,scope and applicability of the
(e) Summary Trial . Act in the light of the above statement. 2 0
(f) Proclaimed offender. 2 1 / 2 x 4 2.(a) Explain the terms `proved', `disproved' and 'not proved' in context
Group-B of the Act. 8
(b) A married woman had been writing to her parents and other relatives
Attempt any five questions. about her critical condition at the hands of her in laws. She lost her life six
7.(a) What are the acts against which there is no right of private defense months later. The letters were sought to be proved as a dying declaration.
of body and property? Decide whether the letters form a dying declaration or not. 7
(b) A is attacked by a mob who attempts to murder him. He cannot 3.(a) Define 'Relevant Fact' and `Fact in Issue' and point out the
differences between the two. 3 + 2 + 5
12 W B C S Judicial Compulsory Question Paper- 2 0 1 8 WBCS Judicial Compulsory Question Paper- 2 0 1 8 1 3

(b) Explain oral evidence and hearsay evidence. 5 2.(a) "Mental acceptance is not sufficient to create a valid contract."—
4. Write short notes on the following : Discuss.
(i) Examination-in-chief (ii) Cross-examination (iii) Re-examination. (b) By telephone X makes an offer to B for purchase of his Maruti car
5+5+5 for Rs.3 lakhs. B says "I am ready to purchase the car for Rs.3 lakhs but
Group—B as soon as B starts to speak, the telephone line becomes dead and due to
this X fails to hear the reply. B does not say anything and claims that
Answer Question No. 5 and any TWO from the rest.
contract has been created. Will he succeed?
5.(a) Explain the term 'Competent to testify' under the Indian Evidence (c) A knows that the railway company will not give him the contract.
Act, 1872. Discuss the competence of a lunatic to testify. 8 + 7 Thus, A makes an agreement with B under which B is to apply for the
(b) "Evidence is to be weighed on the basis of quality, not quantity"— contract and after the contract being obtained A will work as actual contractor.
Discuss. 5 A file a suit to enforce the agreement. Will he succeed? Decide. 4+3+3
6.(a) What is 'Primary Evidence'? 8 3.(a) " A Contract may be a contingent contract"—Explain the meaning,
(b) Discuss the concept of 'hostile witness' from the point of view o f Characteristics and rules regarding contingent contract. 2 4 - 3 + 3
the Act. 7 (b) A agrees to pay B Rs. 1,000/- i f B will marry A's daughter, "C. C
7.(a) Who is an expert? 7 was dead at the time of the agreement. Is the agreement valid? 2
(b) "Views o f third persons often help the Courts form an opinion"— 4.(a) Aditya had two digital cameras, say, camera P and camera Q. He
Discuss. 8 had offered his camera P for sale to Basant for Rs. 10,000/-. Basant had
8.(a) Discuss the concept of privileged communications. 7 readily accepted the offer. However, at a latter date, it was revealed that
(b) (i) ' A ' disclosed to his lawyer that he is guilty o f an offence and Basant was under the impression that Aditya had only one camera Q and
should be defended—Discuss. 4 so he had thought that he had purchased that very camera Q from Aditya.
(ii) Define 'Conclusive Proof . 4 As against this, Aditya had offered for sale his camera P, instead, and not
his camera Q. Do you think that the abovementioned agreement would
constitute a valid agreement, enforceable in law? Give reasons for your
LAW OF CONTRACTS AND TORTS answer. 4
(b) Shaukat Ali had threatened Karamatullah that he will kill his wife
Time Allowed : 3 Hours Full Marks : 100 Abida Begtun if he does not pay him a sum of Rs.5,00,000/-. Karamatullah
Group—A had got scared and so he had readily agreed to pay the amount o f
Rs.5,00,000/- to Shaukat Ali., as was demanded by him, and finally he had
Answer all questions : paid the amount, as per his promise.
1.(a) "No estoppel against a minor"—Discuss. (i) Do you think that a valid agreement had been entered into between
(b) X, tenant has occupied the 10th floor of a building. The owner of the Shaukat Ali and Karamatullah in the instant case? Give reasons for your
building has failed to maintain the lift in order. X claims damages therefor. answer.
The owner pleads that there has been no provision in the contract as to the (ii) Can Saukat A l i be asked to refund the amount to Karamatullah
under any provision of law contained in the Act? I f so, quote the relevant
obligation of the owner for maintaining the lift in order. Can the owner
Section of the Indian Contract Act, 1872 to substantiate your point of view.
avoid the liability on this ground?
3+3
(c) A, B and C are members of a family. There is a partition in the
5.(a) "The liability of surety is co-extensive with that of the principal
family. On partition of the property, A, B and C promises to pay the expenses
debtor". Discuss,
for the marriage of an unmarried girl, M of the family. But afterwards they
(b) What is the extent of liability of the principal when his agent exceeds
refuse to do the same. When M brought an action to enforce the agreement
authority?
made between A, B and C, they gave the argument that since M is not a
(c) A, without B's authority, lends B's money to C. Afterwards B accepts
party to contract she cannot enforce the contract. Is the argument justified?
interest on the money from C. Discuss the rights of A, B and C. 4+4+2
4+3+3
 WBCS Judicial Compulsory Question Paper-2017
Vv'BCS Judicial Compulsory Question Paper-2017 9
7.(a) What are the questions to be determined by the Executing
5.(a) What are the powers of a Court to take bond for appearance
Court? —Discuss with illustration.
(b) Discuss the various modes of execution recognised under the from a person who is present before the Court and for whose appearance
such Court is empowered to issue summons or warrant ?
Code of Civil Procedure. 5 + 5
(b) Can a person who has filed a bond be arrested ? 6 + 4
8.(a) Discuss the law relating to Caveat under the Code of Civil
6.(a) Is Investigation, Inquiry and Trial 'Judicial proceedings"?
Procedure.
(b) Distinguish between acquittal and discharge. 5 + 5
(b) Write a note on "end of justice and abuse of process of Court",
5+5 GROUP—B
9.(a) Explain briefly the attachable and non-attachable property. Answer any five questions
(b) Discuss the procedure of attachment. 5 + 5 7.(a) Explain the maxim 'actus non facit ream nisi mcns sit rea.
10. (a) Discuss the fundamental principles of pleadings. (b) Do you subscribe the view that the maxim has no application in
(b) Discuss the Rules relating to amendments of pleading. 5 + 5 its technical sense to the offences under The Indian Penal Code ? Explain
with illustrations. 5 + 5
8.(a) Discuss the 'Doctrine of Necessity' with suitable illustrations as
CRIMINAL PROCEDURE CODE AND INDIAN PENAL.CODE provided by the Indian Penal Code.
(b) Does the doctrine apply as a justification for killing another human
Time Allowed : 3 Hours F u l l Marks : 100 being? Answer the question with reference to the English Case R.V.
Dudley and Stephens (1884). 4 + 6
GROUP—A 9.(a) What do you mean by the term 'Consent' ? When a consent will
Answer any five questions not be treated as a valid consent under the I.P.C. ?
1.(a) Is a citizen of the country entitled to cause an arrest of a person (b) Examine the various provisions of the I.P.C. under which consent
guilty of an offence? does not absolve a doer. 5 + 5
(b) Highlight the requirements to be observe by police personnel in 10.(a) Define the offence 'bigamy'. Discuss the exceptions wherein
case of arrest as stated in D.K. Basu Vs. State of West Bengal (1997)1 the contracting of the second marriage will not be an offence.
Sec. 416. . 3 + 7 (b) Write a note on the effect of conversion of either of the spouse
2. (a) A, B, C & D are alleged to have committed the offence of with reference to any one leading judgements of the Apex Court. 5+5
dacoity in the house of X. X lodged an F.I.R. but did not give detailed 11.(a) 'Life imprisonment is the rule, Death sentence is an exception'
description of the occurence of the incident. Can the prosecution case Examine the above statement with reference to some judgements of the
be relied upon ? Supreme Court of India.
(6) A Sub-Inspector of Police while handling an investigation in a (b) Does the delay in execution of death sentence operate as a ground
murder case, examines some of the prosecution witnesses, reduces their for commuting death sentence to life imprisonment ? Explain. 5 + 5
statements in writing and obtains their signatures on such statements. 12. (a) Define 'unnatural offence' as defined in Section 377 of the
Can the prosecution make use of such statements in the trial of the I.P.C.
accused ? 5 + 5 (b) Examine the constitutional validity of Section 377 with reference
to the case 'Naz Foundation V. Govt. of NCT of Delhi'. 4 + 6
3. What do you understand by the term "compounding of an offence"?
What provisions are there in the Criminal Procedure Code for compounding
of offences ? Distinguish between compoundable and non compoundable INDIAN EVIDENCE ACT
offences ? 4 + 2 + 4 Time Allowed : 3 Hours F u l l Marks : 100
4.(a) At the trial, the accusedpleads guilty to the charge. The Magistrate Group—A
does not record the statement of the accused under Section 313 of Cr. Answer Question No.1 and %I, two from the rest.
P.C. and convicts him. Discuss the validity of such an order. 1. "The Law of Evidence is the part of the law of procedure which.
(b) Can there be a trial of an insane person ? 6 + 4 with a view to ascertain inditridual rights and liabilities in particular cases,
 10 W B C S judicial Compulsory Question l'aper-2017
WBCS Judicial Coinpuisory Question Pat)er-2017 1 1
decides v hat facts may and what facts may not be proved". (Stephen)--
3. Write a note on 'Doctrine of hiection'. Distinguish between vested
. Critically analyse the statement with special reference to salient features
items( anti contingent interest. 7 + 8
of Indian Evidence Act. 2 0
4. (a) What i s constructive notice ? On what circumstances such
2.(a) Explain the term "Res gestae".,
otice is applicable ?,
(h) A after committing murder, went to B, a witness, and admitted
(b) Define attestation. 2 + 8 + 5
his guilt. B went to the spot at once and the bystanders told 'hill) that four
Persons had committed the murder. Decide whether the statement o f the Group—B
bystanders is r e s gestae or not. 7 + 8 Answer Question No. 5 and any two from the rest.
3;(a) "Facts not otherwise relevant beconie relevant" — Discuss. 5.(a) Define sale and describe the rights and liabilities of buyer and
,(b) The question is whether A committed a crime at Ca'cutta on
certain day. The fact that on that day A .was at Lahore. Examine the (13) Distinguish between sale and exchange. 12+8
applicability of 'Docttine of Alibi' in this context. 1 0 + 5 6.(a) When is.the right o f mortgagoi to iedeerri, exercisable.
4. (a) Distinguish between AdMission and Confession. (b) Explain the doctrine o f subrogation. 7+8
(b) Confession made to a Police officer shall not be proved". 7.(a) What arc the essentials o f lease ?
Discuss. 10+5 (h) I-1(4 is a lease of immovable property determined ? 8+7
Group—B 8.(a) Define gift and discuss the essential elements :of gift.
(b) A has shares in 'X• which is a prosperous company and also
Answer Question No.5 and any tivo from the rest.
hares. in ' Y ' which is a company running, in foss. A makes a gift to B
5. "The dying declaration may he the basis of conviction if the Court
f. all her shires in both the companies. B ref-Uses to accept the shares
is satisfied that the dying man had a good•opportunity of recognising the company Y. Whether B can take the gift o f shares in ? Give
truth b e n the dedlaration was Made". — Analyse.
6.(a) What is 'Secondary Evidence' ? . 20 :asons for your answer. 8+7
(b) "hi criminal eases character of the accused is relevant"—Discliss. 15
7. "The rule of estoppel is based on the principle of equity and gdel•
LA* OFCONTRACTSAND TORTS
conscience". — Discuss with decided case laws. 1 5 .me Allowed : 3 Hours F u l l Marks : 10()
8.(aj Discuss the principles of "Burden of Proof'.
(b) Explain the rule of "Professional Communication" laid down in the GROUP—A
Indian Evidence Act. - ( A n s w e r all questions)
—6.
I.(a) "Consideration must move from the promisee"—Discuss. iseuss.
- (b) What is the Law in India about past conideration?
TRANSFER OF PROPERTY ACT (c) "Only a person being a party to the Contract can sue on it ? Are
ere any exceptions ? Answer with suitable illustrations. 3 + 2 + 5
Time Allowed : 3 Hours Full marks : 100 2.(a) State and explain the Law relating to agreement in restraint of
Group—A ide or profession in the light of a leading case. ,
Answer Question No. I and any two from the rest. (3) An illiterate woman executed a document—adeed of gift under the
1.(a) Define Transfer of Property according to the Transfer of Property pression that it was the deed authorising management of her property.
Act, 1882. Do you think that Transfer of Property Act is a complete tswer with reason whether the aboVe execution o f deed is void or
code in itself ? idablc. 6+4
(b) ' A mere right to sue cannot be transferred'—Explain. 3.(a) In what circumstances is guarantee invalid under the law?
(e) What is 'spes successionis' 1 0 + 5 + 5 (b) In a contract of guarantee is there any implied promise to indemnify
2. Explain the 'rule against perpetuity' with suitable, illustration pointing surety?
out the exceptions to the rule. 1 5 (c) Y is indebted to Z and X is surety for the debt. Z demands
8 W B C S Judicial Compulsory Question Paper- 2 0 1 6
WBCS Judicial Compulsory Question Paper-2016 9
8. What is the procedure in case of death of one of several plaintiff
or of sole plaintiff and in case of death of one of several defendants 1 8.(a) Is an accomplice a competent witness ? 7
of the sole defendant ? 1 0 (b) Is new trial warranted f o r improper admission or rejection o f
9. What do you understand by an interpleader suit ? State the releva evidence ? 8
provisions provided in the Code of Civil Procedure with regard to ski
suit. 1 0 CRIMINAL PROCEDURE CODE
10.(a) What remedy is available to the plaintiff if a suit is dismisseii AND INDIAN PENAL CODE
for non-appearence of both parties ? State the relevant provision of ct,4
Procedure Code in this regard. Time Allowed : 3 Hours F u l l Marks ; 100
(b) State the grounds ©n which Court can set aside an exparte decret Group-A
passed against defendant (Answer any five questions.)
(c) State when application for setting aside the exparte decree shall 1.(a) What is the object of Criminal Procedure Code ?
not lie. 3+3+4 (b) Where can the following be tried ? •
(i) A resident of Allahabad who steals a horse at Kanpur which he
INDIAN EVIDENCE ACT sells at Lucknow to a.dishonest Purchaser.
(ii) A resident of Allahabad who Commits a dacoity at Kanpur and
Time Allowed : 3 Hours F u l l Marks ; 100 thereafter takes up his residence at Lucknow. 4 + 3 + 3
Group-A 2. The general rule is that any Person having Knowledge o f the
AnswerQuestion Noi and any two from the rest. Commission of an offence may set the law in motion by filing a Complaint.
Are there any exceptions to the rule ? 1 0
1.(a) What is the evidential value of the opinion of an expert ? 10
3. Under what circumstances Security for Keeping the Peace may be
((b) In which matters, the opinion of an expert is relevant ? 1 0 demanded otherwise than on Conviction. 1 0
2.(a) What are differences between "May presume" and "shall 4. (a) A Sub-Inspector of Police while on Patrol duty arrests A for
presume"? selling illicit wine, B for selling stolen property and C for committing
(b) What do you mean by "Conclusive Proof" ? 7 theft.
3.(a) When facts not otherwise relevant become relevant ? 1 0 Can A, B and C be tried jointly in the above Case ? I f so why ?
(b) When is the course of business relevant ? 5 (b) Does an appeal or revision lie in the following Cases ? If so before
4.(a) Can confession become irrelevant ? 1 0 which Court ?
(i) To Pay maintenance Rs. 550 per month to an illegitimate child.
(b) How much of information received from accused may be
(ii) To Pay Rs.180 in a summary trial. 4 + 3 + 3
proved? 5 5. A Sub-Inspector of Police, while holding investigation in murder
Group-B Case, examines some Prosecution witnesses, reduces their statements to
AnswerQuestion No.5 and any two from the rest. writing and obtains the signatures on their statements.
5.(a) Which facts Court shall take judicial notice ? 1 5 (i) Is the Procedure Correct ?
(b) Is judicial notice conclusive ? 5 (ii) Can the Prosecution make any use of such statement in the trial
of the accused?
6.(a) What are Public documents and private documents ? 1 0
(iii) Can an accused make any use of them in his trials 3 + 4 + 3
(b) How Public documents can be proved ? 5 6. Write Short Notes on any two :
7. (a) A intentionally and falsely leads B to believe that certain land (a) Alibi (b) Same transaction (c) Offence (d) Local jurisdiction. 5x2
belongs to A and thereby induced B to buy and pay for it. The land Gruup-B
afterwards becomes the property of A and A seeks to set aside the sale, Answer Question No. 7. and any four from the rest o f this Group.
can A succeeds ? 8 7. State as to what offence i f any A has committed in the following
(b) Is a lunatic in competent to, testify ? 7 Cases—
 10 W B C S Judicial Compulsory Question Paper-2015
15. What are the provisions of the Penal Codc with regard to character and
duration of the sentence of imprisoruncnt in default of payment of fine ?jo
16. Write short notes on any two : his previous statements made in writing or reduced into writing. 1 0
(a) Cheating by personation. (b) Bigamy. (c) Counterfeiting coin. 5 + 5
arc relevant ?
INDIAN EVIDENCE ACT
Time Allowed : 3 Hours F u l l Marks : 100
If the questions attempted are in excess of the prescribed number,
only the questions attempted first up to the prescribed number shall
be valued and the remaining ones ignored.
GROUP—A
Answer question no.! which is compulsory
and any two from the rest.
1. Write short notes on the following :
(a) Facts in issue. (b) Conclusive proof. (c) Motive. (d) Res gestae.
(e) Leading questions. 4 x 5
2. State when motive, preparation and previous or subsequent conduct
become relevant. Explain the same with illustrations. 1 5
3. When secondary evidence relating to existence, condition or contents of
adocument may be given ? 1 5
i l l 4 . How much information received from an accused in the custody of a
police officer may be proved ? Does it violate the safeguard given to an accused
under Article 20(3) of the Constitution of India ? 1 0 + 5
5. Describe the principles of estoppel laid down in the Indian Evidence Act, Kolkata office on terms and conditions contained in the letter of appointment
1872. 1 5
GROUP—B
• Answer the question no. 6 which is compulsory
and any two from the rest.
6.(a) `NO oral evidence shall be given in proof of terms of a contract, grant
or other disposition; properly reduced to the form of a document except the
document itself or the secondary evidence of its ccintents.-Elucidate with
reference to the relevant provision of the Indian Evidence Act, 1872. 1 0
(b) Specify the instances when oral evidence can he adduced or oral
agreement can be proved in the matter of documents produced and proved.
10
7. Enumerate the provisions regarding presumption as to abetment of suicide
by a married woman and presumption as to dowry death of a woman. 15
WBCS Judicial Compulsory Question Paper-2015 1 1
8. (a) Enumerate the procedure for cross-examinations of a•witness as to
(b) Is tape recorded conversations admissible in evidence ? If so, how they
5
9.(a) State the general principles of burden of proof. 10
(b) When a person is presumed to be alive or dead ? 5
10. Distinguish between the following :
(a) Indescent Questions and Questions intended to insult.
(b) Admission and confessiOn.
(c) Judicial confession and extra-Judicial confession. 5x3
LAW OF CONTRACTS AND TORTS -
'Time Allowed : 3 Hours F u l l Marks : 100
If the questions attempted are in excess of the prescribed number.
only the questions attempted first up to the prescribed number shall
be valued and the remaining ones ignored.
GROUP—A
Answer all questions
1.(a) When is communication of an acceptance complete as against
(i) the proposer ? ( i i ) . the acceptor ?
(b) When is communication of a revocation complete as against
(i) the person who makes. it? (ii) the person to whom it is made?
(2+3)-1(3+2)
2. Mr. A was employed by BCD (P) Ltd as the Branch Manager of its
issued to him on August 27, 2012. The term is contained in clause 10 of the
agreement which read: "That you will not be permitted to join any firm of our
competitors or run a business of your own in similarity as directly and/or
indirectly, for a period of two years at the place of your last posting after you
leave the Company". Mr. A joined BCD (P) Ltd on September 0i, 2012.
BCD (P) Ltd terminated the services of Mr. A by its letter dated December
27, 2012. Can Mr. A be restrained from starting a business thereafter of his
own under the name and style, of "Superintendence and Surveillance Inspectorate
of India- at 9B Park Lane, Kolkata 700 027 ou lines identical with and
substantially similar to that of the BCD (P) Ltd? Discuss. l O
3.(a) What are the salient features of a Quasi Contract?
(h) What arc the different types of Quasi Contract? 5 + 5
4.(a) State the essential conditions for a valid offer of performance.
(b) A. a singer. enters into a contract with B. the manager of a theatre
10 W B C S Judicial Compulsory Question Paper-2014
WBCS Judicial Compulsory Question Paper-2014 1 1
across it. The plaintiff riding home at dusk when there was sufficle
light to notice the obstruction, but galloping at high speed he came hi (b) "The business of the Court is to try the case and not the man."—
collision with the pole and was injured. -Decide. 1 Explain with reference to the appropriate provisions of the Indian Evidence
7. A owned the copyright of some musical works. B employed a NI Act. 1 0
on a salary of Rs. 4,000/- per month and instructed them not to play at 5.(a) What is meant by direct evidence? 5
(b) What is meant by hearsay evidence? 5
piece which would be infringement of copyright. The band neverthele
(c) "Hearsay evidence is no evidence" —Discuss. 5
played the musical works of A. Is B liable ? -Decide.
8. The defendant negligently left his horse and cart unattended on Q GROUP-B
street. The plaintiff, a boy of seven, climbed on the cart in play, whi Answer question no. 6 which is compulsory
another child led the horse on, and the plaintiff was thrown down at and any two from the rest.
6. State the provisions with illustrations relating to exclusion of oral
hurt. -Decide. I I
evidence. 20
9. A tells a policeman he had some articles stolen from him and th
7.(a) Explain the expression-"burden of proof." 5
it was last seen with X's possession. The policeman without furth
(b) On whom lies the burden of proof —
information on A' s part makes enquiries and arrests X. Later on duel
(i) in a criminal trial? 2
lack of evidence, X is discharged. X, thereafter sues A against malicia
(ii) when the plea of alibi is raised? 2
prosecution. -Decide. (iii) in an election petition? 2
10. Discuss the rule laid down in Rylands Vs. Fletcher. (iv) when constitutionality of a statute is challenged? 2
State the exceptions to the rule in Rylands Vs. Fletcher. (v) in a matrimonial case? 2
8.(a) Define "estoppel". 5
(b) Explain the principle on which estoppel is based. 5
INDIAN EVIDENCE ACT (c) "There is no estoppel against an Act of Legislature" ?— Elucidate.
Time Allowed 3 Hours F u l l Marks ; 10 5
9. What are the facts of which evidence need not and cannot be given?
Group-A 15
Answer question no.1 which is compulsory and any two from the re 10.(a) "The evidence of a child witness is to be taken with great case"
I. Write saort notes on : 0 —Discuss. 5
a) Evidence. (b) A client says to his lawyer, — "I want to take possession of
b) Relevance. property by using a forged deed on which I request you to sue" — Is this
c) Document. .communication protected from disclosure? 5
d) Benefit of doubt. (c) What is meant by leading question? When it must not be asked,
e) Presumption. and when it may be asked ? 5
2.(a) "A Witness may lie but not the circumstances' — Discuss.
(b) "He who asserts must prove"— Explain.
CRIMINAL PROCEDURE CODE
(c) "In Courts we are concerned with legal relevancy and not logic
AND INDIAN PENAL CODE
relevancy of facts"'-- Elaborate. •
3.(a) Explain with illustrations when facts not otherwise releval Time Allowed 3 Houm F u l l Marks ; 100
*become relevant. G r o u p -A
(b) "Admissions are substantial evidence by themselves" —Discuss. Answer any four questions.
(c) Distinguish between admission and confession. 1 . ( a ) What is the maximum sentence which, - a 1st-class Magistrate
4.(a) How is Character defined in the Indian Evidence Act? c a n pass for an offence? 2
 WBCS Judicial Compulsory Question Paper-2013 9
8 W B C S Judicial Compulsory Question Paper- 2 0 1 3
Group-B
O1
6. (a) A, client says to his lawyer, " I have committed forgery and I
What is hurt ? When 'simple hurt' amounts to grievous hurt? I I wish you to defend me." Can the lawyer disclose this or give evidance
11. "In all robberies there is either theft or extortion". Elucidate al of this communication ? 5
distinguish. between robbery and dacoity. 1 1 (b) "Witness not excused from answering on ground that answer will
12. What are the limitations for exercising the defense of 'insanity'? criminate." Explain. 5
13. Critically evaluate the changes that brought in the offences again 7. (a) Accomplice is a competent witness to give evidence. Explain. 5
women in the Indian Penal Code. 1 ( (b) A witness in a case of assault is asked whether he was dismissed
14. What i s crime ? Explain the important ingredients o f Crime. from service on charge o f dishonesty. He denies it_ Can evidence be
OR given to contradict him ? 5
"Actus non facit reum nisi mens sit rea". Explain ? I I 8. (a) Expert medical evidence is not binding against the ocular
15. Explain the important characteristics of the offence of `Kidnappial evidence. Give reasons. 5
from lawful guardianship. 1 p (b) Court can refuse to convict a person on the evidence of a fingerprint
16. Write Notes on any two : S x l expert. Give reasons. 5
(a) Adultery (b) Motive (c) Cheating (d) Reformative theory 9. (a) The facts admitted need not be proved. Explain. 5
(e) Grievous Hurt (0 Common Object. (b) Police Officer received information that certain truck would carry
contraband liquor and the informant was not examined. What kind of
information it is i f the informant is not examined ?
INDIAN EVIDENCE ACT 10. (a) Distinguish between : 5 x 3
(i) Examination in chief and Cross examination.
Time Allowed : 3 Hours F u l l Marks : 1(
(ii) Judgement in rem and Judgement in personam.
Group-A (iii) Primary evidence and Secondary evidence.
1.(a) The term 'Evidence' used in judicial proceeding has sever (b) Explain the meaning of 'Doctrine of Illusion. 5
meanings. Explain. I I
(1)) Define 'Facts', 'Relevant Fact' and 'Facts in issue'. What are ti
facts in issue when A is accused of murder of B? 5 + 1 LAW OF CONTRACTS AND TORTS
2.(a) When confession caused by inducement, threat or promise
irrelevant in criminal proceeding ? Time Allowed : 3 Hours F u l l Marks : 100
(b) A statement is a genus, admission is the species and the confessia Group-A
is the subspecies. Explain. Answer all questions :
3.(a) Explain the meaning of 'presumption of law' and `presumptia 1. The Plaintiff gave her new sari to the laundry. The laundry receipt
of fact.' contained a condition that a customer would be entitled to receive only
(b) A child is born to woman within 280 days from the date d fifteen per cent of the market price or the value of the article in case of
dissolution of her marriage with her husband by a decree of divorce, ib loss. The Plaintiffs new sari was lost and the Plaintiff filed case against
woman remaining unmarried till birth of child. What shall be the legs the laundry for recovering full price of the sari. Decide. 1 0
presumption about the paternity and legitomacy of the child ? What tb 2. The Plaintiff, a minor, was allotted by the Defendant, a film producer,
exhusband o f the woman is required to show to rebut such I V the role of an actress in a particular film. The agreement was made with
presumption, i f any ? 5 her father. The defendant subsequently allotted that role to another artist
4. (a) Explain the term 'Res gestae' with illustrations. and terminated the contract with the Plaintiffs father. The Plaintiff sued
(b) Motive is not relevant in absence of proof of any circumstance the defendant. Decide. 1 0
pointing of guilt to the accused. Explain. 3. The contract for the allotment of fair price shop for distribution of
5. (a) Explain the value and procedure of test identification paradi food grain contained a clause that the contract may be terminated or
with relevant case laws.
(b) What are the duties of the court regarding identification evidance
10 W B C S Judicial Compulsory Question Papers--20 I2
4. ( a ) 'An absolute restraint on alienation is void, but a partial or quail!
alienation is not. Explain with illustrations.
(b) 'A', 'B'. 'C' and 'D' effected a partition of joint family propt
and mutually agreed that if any of them should have no povvei
sell his share, he should leave his share for the other co-shah
'A' sold his share and 'died without any issue. 'B' 'C' and
sued to recover the share. Will they succeed in the suit ?
5. Explain the doctrine o f Equitable Estoppel by Acquiescence ik
illustrations.
Group - B (50 Marks)
Answer Question No. 6 which is compulsory and any two from the rest
6. (a) Explain 'covenant for title'.
(b) What is the rule of Marshalling by subsequent purchaser as la
down in Section 56 ?
(c) Explain Vendor's liean. with illustration.
7. (a) Explain the term 'equity of redemption'.
(b) Explain the law of accession to mortgaged property. Discuss
respective rights of the mortgagor and the mortgage as reg
such accession.
8. (a) Distinguish between a lease and licence.
(b) What is the difference between 'a tenant fay sufferance' al
'a tenant at will' ? Is tenancy right heritable ?
9. Explain the maxim •Fle who is prior in time is stronger in law'. Is the
any exception to this rule ? Explain.
10. (a) Explain the maxim 'redeem up foreclose down'.
(b) Write a note on 'onerous gifts'.
INDIAN EVIDENCE ACT
Group— A
Answer question number I and any three from the rest :
1. Write suitable notes on the following :
(a) Hearsay Evidence. ( b ) Dying Declaration, 1 0
2. (a) Define the term evidence with reference t o the recer
amendment to the Indian Evidence Act.
(b) Discuss evidential value of secondary evidence with suitabl;
examples.
ID. Distinguish between Public Documents and Private Documents. 10
WBCS Judicial Compulsory Question Papers-2012
3. (a) What do you understand by relevant fact ?
(b) Describe circumstances when facts not otherwise relevant
become relevant. 8
4. (a) A desires a court to give judgment that B shall be punished
for a crime which A says B has committed. Who must prove
the case ?
(b) A is accused of the murder of B by beating him. Do you think
whatever was said or done by A or B or the by-standers at the
beating or so shortly before or after it as to form part of the
transaction, is a relevant fact.
(c) A is charged with sending threatening letters to B. Do you
think that letter and previously sent letters by A to B can be
proved '?
(d) A is tried for the murder of B by intentionally shooting him
dead. The fact that A on other occasions shot at B is relevant
or irrelevant ? 2 V 2 x 4
5. Discuss 'May Presume', 'Shall Presume' and 'Conclusive Proof
in the context of the Indian Evidence Act. 1 0
Group - B
Answer question number 6 and any three from the rest :
6. (a) Critically discuss value of oral evidence. 1 0
(b) What do you understand by the term leading questions ?
Discuss when they may be asked and when they must not t.,ez
asked. I
7. Critically examine the provisions of the Indian Evidence Act relating
to Examination-in-Chief, Cross-Examination and Re- examination
with reference to the suitable judicial decisions. I 0
8. (a) Define Admission and Confession. 4
(b) Discuss reasons for admissibility of admissions and form of
admission. 6
9. Write suitable notes on the following :
(a) Opinions of Experts.
(h) Res Gestae. 1 0