Jharkhand Civil Judge Mains 2014 Question Paper

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Jharkhand Civil Judge (Junior Division) Mains Examination 2014

JHARKHAND JUDICIAL SERVICE (JPSC CIVIL JUDGE) MAINS

Jharkhand Civil Judge (Junior Division) Mains

Examination 2014

LAW PAPER I

Full Marks: 100

Time: 3 Hours

The question paper is divided into five Sections. Each Section has two questions of 20 marks

each, out of which candidates have to answer only one question compulsorily from each

Section.

Section A

1. (a) Define the court which passed a decree and explain the provisions for transfer of

decree for execution. [10]

(b) What is the doctrine of res judicata? Under this doctrine, when can the trial of a suit

be stayed by a court? [10]

2. While narrating the suitable provisions of the law, discuss the effect of the following: [5 × 4

= 20]

Where a necessary person is not made a party to the suit.

Where the plaint is not presented in a proper court.

(c) Where on the date of hearing, the defendant only appears before the court.

(d) Where all the reliefs have not been claimed in one suit.

Section B

3. “For every distinct offence of which any person is accused, there shall be a separate

charge and every such charge shall be tried separately.” Explain and illustrate this

rule. [10]

“Is a defective charge necessarily fatal to conviction?” Discuss. [5]

‘A’ states on oath before the Magistrate that he saw ‘B’ hit ‘C’ with a club. Before the

Sessions Court ‘A’ states on oath that ‘B’ never hit ‘C’. May ‘A’ be charged and

convicted accordingly for intentionally giving false evidence? Decide and refer to

relevant provisions of the Code. [5]

4. What are the conditions when a Magistrate may take cognizance of any offence?

State also the cases where no court shall take cognizance unless some conditions are