Bihar Civil Judge Mains 2017 Question Paper

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Bihar Judicial Service (BJS) Mains Examination 2017

BIHAR JUDICIAL SERVICE (BJS) MAINS

LAW OF EVIDENCE AND PROCEDURE

Time Allowed: 3 Hours

Max. Marks: 150

GROUP A

1. (a) Write notes on the following: (i) Decree in a civil suit; (ii) Execution proceedings.

(b) Explain the principle of res sub judice and its utility in civil adjudications.

2. Explain the relevancy of foreign judgments in Indian courts. Can we implement

foreign judgments? State the conditions in the light of the Code of Civil Procedure,

1908.

Write notes on the following: (i) Discovery and inspection (relating to documents);

(ii) Inspection by commissions.

3. Explain the necessity of a legal notice under Section 80 of the Code of Civil

Procedure, 1908 in the following: (i) Civil suits; (ii) Writ jurisdiction, if any.

Write notes on the following: (i) A list of orders which are appealable; (ii)

Amendment of a decree and its necessity.

GROUP B

4. Explain the difference between relevant facts and relevancy of facts by citing

illustrations under the provisions of the Indian Evidence Act, 1872.

Write notes on the following: (i) Doctrine of res gestae; (ii) Doctrine of

circumstances of transactions.

5. Explain ‘otherwise relevant facts’ and their utility for criminal adjudications.

How far is the fact of bad character relevant to show the probability of committing a

crime? Explain in the light of Sections 14 and 54 of the Indian Evidence Act, 1872.

6. Write notes on the following: (i) Exclusion of oral evidence to prove documents; (ii)

Burden of proof (BoP) as a matter of fact in criminal cases.

Explain, in the light of Section 112 of the Indian Evidence Act, 1872, the parentage

and legitimacy of a child. Is a DNA test permissible?