Bihar Civil Judge Mains 2006 Question Paper

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Bihar Judicial Service (BJS) Mains Examination 2006

BIHAR JUDICIAL SERVICE (BJS) MAINS

LAW OF EVIDENCE AND PROCEDURE

GROUP A

1. (a) What is res judicata? In what circumstances may the principle of res judicata be

made applicable?

(b) What are the provisions of the Code of Civil Procedure, 1908 relating to suits by or

against the Government or public officers in their official capacity?

2. Explain the provisions of the Code of Civil Procedure, 1908 regarding reference,

review and revision.

Explain the meaning of the following terms: (i) decree, (ii) mesne profits and (iii)

public officer.

3. Write a note on any three of the following: (a) Attachment; (b) Ex parte proceedings;

(c) Interpleader suit; (d) Second appeal.

Explain and illustrate the rule that costs shall follow the event. Are there any

exceptions to this rule? Discuss.

GROUP B

4. Explain what is meant by ‘public documents’ and ‘private documents’. What are the

presumptions as to electronic records and digital signatures?

“A statement is the genus, admission is the species and confession is the sub-

species.” Discuss.

5. Explain ‘estoppel’ and the kinds of estoppel.

“Oral evidence must in all cases be direct.” Explain.

6. Write explanatory notes on any three of the following:

Importance of cross-examination of a witness

Conclusive proof

(c) Judicial notice

(d) Admissibility of a fact and relevancy of a fact