Bihar Civil Judge Mains 2021 Question Paper

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Bihar Judicial Service (BJS) Mains Examination 2021

BIHAR JUDICIAL SERVICE (BJS) MAINS

LAW OF EVIDENCE AND PROCEDURE

Time Allowed: 3 Hours

Max. Marks: 150

Marks are indicated against each question. Answer six questions, taking two from Group A,

two from Group B and one each from Group C and Group D.

GROUP A

1. (a) Explain the meaning of the following: (i) Mesne profits; (ii) Indigent person.

(15 marks)

(b) Describe in detail the law relating to the place of filing a civil suit. (15 marks)

2. What is a temporary injunction? When and in what matters can a temporary

injunction be granted? (15 marks)

Enumerate the various properties which are exempted from attachment in execution

of a decree under the Code of Civil Procedure. (15 marks)

3. Distinguish between the following: (i) Decree and order; (ii) Review and revision.

Distinguish between the following: (i) Counterclaim and set-off; (ii) Commission

and receiver. (15 marks)

GROUP B

4. What is a ‘dying declaration’? When is a dying declaration admissible in evidence?

Write notes on the following: (i) Hostile witness; (ii) Leading question. (10 marks)

5. Distinguish between the following: (i) Patent and latent ambiguity; (ii) Judgment in

rem and judgment in personam. (15 marks)

Discuss the relevancy of evidence of character in criminal and civil cases. (10 marks)

6. What do you understand by burden of proof? On whom will the burden of proof lie

in the following instances? (i) ‘A’ has given a loan of Rs. 1,000 to ‘B’. ‘B’ says that

he has returned Rs. 500 to ‘A’ in the presence of ‘C’. (ii) ‘A’ has killed ‘B’. The

defence of ‘A’ is that he has exercised his right of private defence. (15 marks)