PAPER - I + r ? m i a 5 - 9 -

Civil Procedure Code, Transfer of Property Act, Specific Relief Act, Law of Contracts, Sale of Goods Act and

Partnership Act

Time : 3 Hours b : 3 m

Max. Marks : 100

100

Note :

w : (1) All questions are compulsory.

( 1 d r r m M W G - & .

(21 Question No. 1 carries 20 marks. All other questions carry equal n a r k s i.e. 16 n a r k s each.

( ? ) mFmk5 p 3 7 ? O y T q 7 * d - m ~ ?6 F*

Qi Your answers must be to the point, whereoer possible quoting the specif~c prou~sion of law.

(3 ) d * 37wik 3Fivm 8$ m1ri?i ;7 iRgT? q T m.

141 Do not reproduce any question. Write only question's number ugair~st the answer:

(U) 3fR$k+dm@*. m ~ a ; 4 j a ; ; r x z m r n ~ .

(5) Whereuer option has been giuen, only the required number of responses i n the serial

order attempted shall be assessed. Excess responses shall be ignored.

(6) "Other than cited cases, candidate should not write roll number, any riarnrs (including

one's own), signature, address or any indication of one's identitv anywhere inside the

nnswer book otherwise helshe will be penalised."

(5) "w * Ywvi%m 3 q % l $ ~ 4 1 3R-lh m * 34md h -, dmmfGw, @ , W r ~ ~ ~ * t o T i i r w ~ ; m ; ~ 3myid twiv m7 *. "

(71 English version of the question shall be authentic in case of a l p ambiguity

(is) ~ ~ * f i 9 R m , $ ? d ~ ~ ~ * .

(8) All questions have to be attempted only in one language, either in English or in

Marathi as per the option given in application form..

( ) L * ~ f t i ; i F n . ~ d d 3 i r i ~ m l ~ ~ w * M m.

1. Write a Judgement on the basis of the facts narrated below :

~ ~ k + s r ~ ~ ~ ~ : While writing Judgement :

(a) Adhere to the contents of Judgement as rcquirad undcr thc Codc of' Clvil Procedure.

(b) Frame and answer the issues properly

(c) Wherever necessary, fill up details from your imagination

(dl Give legal, logical and proper reasons for your findings.

(ei Conclude the Judgement with a proper Operatlvc Order.

~ f 3 R m :

(ST) ~ r n ~ ~ 3 ~ m p 3 m . m

( h3$mmFMrhrq-mdm

Averments in the Plaint

Plaintiff claims tha t he has agreed to purchase from defendant agricultural

land bcaring Survey No. 57 situated at Haveli Distr~ct, Pune for

consideration of Rupees two lac fifty thousand by executing an agreement of

sale dt. 6.3.2009. On the date of agreement he has given to defendant earnest

amount of Rupees fifty thousand arid he was put in possession of the land.

Sale deed was lo be executed within six months from the date of agreement.

As defendant failed to do so, plaintiff has filed this suit for specific pcrformancc

of contract and in thc alternate for refund of earnest amount with interest

and compensation.

Averments in the Written Statement

Defendant resisted the suit by contending that agreement is not enforceable

a s i t was executed only as a security for loan amount of Rupees fifty thousand

which he had borrowed from plaintiff for higher education of his daughter. He

has repaid the loan amount of Rupees thirty thousand and was ready to repay

the balance amount of Rupees twenty thousand. Plaintiff was ncvcr put in

possession of the suit land. Plaintiff has suppressed these material facts.

Plaintiff has also not pleaded his rcadiuess and willingness to perform his part

of the contract nor issued any notice to him before filing of this suit. Hencc

on all these grounds plaintiffs suit is liable to be dismissed with costs.

P.T.O.

2. Answer any two of the following sub-questions :

w ? f m M * * m - ~ ~ m : (a) Discuss the statement "there i s no difference between error within jurisdiction

and error outside jurisdiction".

(4) ''m S r f m x h T v3 $m?a p m 3ifkirdm & * m4 ~ u ; m ; * " s r ~ d i m .

(b! Discuss provisions relating to arrest and detention of Judgement debtor in civil prison in execution proceedings.

(3) $QwF=Wll wCl441d m m m k I wrda m 4 m %Tqm=h

N m q a I s r ~ e i m r ~ d - i m .

(c) Discuss the statement "Judgement and Decree are one and the same".

(3) " ~ 4 ~ ~ ~ ~ F ; r n ~ w & r " ~ f a m T a ~ - i m .

5. Write short notes on any four of the following :

~ ~ m * P m f i m r n :

(a) Costs. compensatory costs and costs for causing delay.

(a) m d, oTTmS wd mf@ f%+ d.

(b) Differcncc between Restitution and Restoration of suit

( ) !&=wmTmm~kMtr?m.

(c) Powers of Appellate Court.

(*) m d S r f m .

(dl Rights, duties and liabilities of partners inter se and to third parties.

(5) *, T m W m d ~ 4 m r n S r f m , * 4 * .

(e) Stoppage in transit.

($1 w, * m. - - - - - - - - - - - -

4. Answer any two of the following sub-questions :

~ ~ * r n - r r m r S t ~ r n .

(a) Explain in detail the terms 'Subragatian', 'Redemption', 'Tacking' and 'Foreclosure' with reference to mortgage o f property.

(b) Expla~n in detail 'Transfer of property for the bcncfit of unborn person' with reference to 'Rule a g a ~ u s t perpetuity' and 'Vcstcd intercsts'.

(q) 'm$ m f;mq' %f$a f G m V ' +T *I? '7 1 4 i c . q =mifm m d m m ' $ m m m .

(c) Elaborate the correctness of the statement "A lessor cannot dctcrminc the lcasc so long as the lessee pays the rent".

5. Answer any two of the following sub-questions :

TRFiFfM-&n-mdm:

(a) Discuss thc statement "All contracts cannot br specifically cnforccable"

(3) "d m m * 3hal-3 m JSlom *'' 41 b M m.

(b) Discuss the circumstances undcr which injunction call bc grantcd and cannot he granted.

(c) Explain thc statemenL "A suit sin~pliciter for declaration is not legally maintainable".

(*) " f + m ~ ~ m ~ m ~ ' ~ b m 3 7 l f ~ m w.

6. Answer any two of the following sub-questions :

E%c+kd4m*39-mrmim:

(a) Discuss the circumstances which rcnder the Agreement void.

(37) * r n p ; t t d 3 d ~ a m a m*dm.

(b) Discuss the relations resembling lhose created by contract.

( 1 mrm? m *>*m Tqm 3m+fFT &rnc l r l mf m

(c) D~~SCUSS the statement "Every breach of contract cntails payment of compensation".

) " ~ r n - ~ m ? r m 3 " . r r ~ ~ m . -- - - - -- - - - - -~ -~ - ~~- -~ - - - - - - ~ -~ ~- - - - - - - ~- - ~ .

PAPER - I1 h T m m i - ?

Indian Penal Code, Evidence Act, Code of Criminal Procedure, SC & ST (Prevention of Atrocities) Act, 1989

and Protection of Civil Rights Act, 1955, Essay on Current Legal Topic

%mf-*,m-*, d X * f h % H ! % & R , ~ & @ ( f i ~ * ~ ) h, 1989

3k 66 my *, 1955, *~~~ Time : 3 Hours a i j g : 3 m

Note : T p T :

Max. Marks : 100

TJm: g o o

11) Questions No. 9 and 10 are compulsory

2 Answer an,y six from thc remainztzg qurstio11.s.

13) Marks to each question are indicated b,y figure in the margin. on the right harm side.

(4) 7 F T m x k 7 m ~ r m 3 m ; ~ * .

(4) Wherever option has been given, only the required number of' responses in the serial order attempted shall be assessed. Excess responses shall be ignored.

(x) "rr m? &TT&? $+m vm .?&%%I m xr a;47;) &%I 4m4wm as ;m?3 i+mm* .m3amm&IT9 ;&m *

P.T.O.

(5) Do not reproduce any question. IVrite only question's number agnir~sl the answer:

( 9 ) 3q$*am f3g *. m a m m 567 rn 7 4 .

(6) "Other than cited cases, candidate should r~ot u:rite roll rr~~rrrber; a1z.y rzan~es (including one's own), signature, address or any i~~d iea t ior~ of' one's identity anywhere inside the answer book otherwise hclshe will he penalis~d."

(6) ' 2 3 * - @ * & r n * m h

m , & m ~ m , @ , v m ~ ~ * M ~ ~ 3 T d. 3R-W jr 87 * w &a,"

(7) English version of'the question shall be held autherztic tn case o/'at~,y urnbigu~~,v

(ti) $~m? m + M, +n? WliR 3@57 & *.

(8) A11 questions have to be attempted orzly in one language, either in English or in Marathi as per the option given in application fornz.

(L) ~ ~ * ~ d ~ d ~ ~ q n d f & ~

~~~.

1. Explain the difference between Summons trial and Summary t r ~ a l

~ s ~ ~ * ~ m ~ - c m .

2. Write notes on any two :

~ * ~ a ¶ m :

(a) Plea Bargaining.

(3) lJJmi3 *-m * -).

(bi Legal rights of arrestee.

) - 4 * STf~rn.

(c) Limitation for taking cognizance of offences.

($1 - w h F 3 gn.

(d) Liability of a member of the Scheduled Castes for insulting another rnembcr of the Scheduled Castes on the ground of untouchability. 5

( J ) q $ R i ~ ~ g R T ~ ~ ~ ~ ~ ~~~.

(e) Liability of a person not belonging to a Scheduled CastesITribes for intcntionally insulting a member of a Scheduled Castesmibes in any place within public view. 5

(7) * */- * =!P& q$Ri */mdbw %=&TI m&ik

m q 7 3 i k m l wwm wit 3 i q & rn &Fwii3T 3mKra.

3. Write short notes. (any four)

m * m . (- mf)

(a) First Information Report

(9) x$9 GGt m.

(b) Arrest to prevent commission of a cognizable offence.

( ) TSml7 m 3-Pi-R m v m rn .?RX.

(c) Magistrate's power to direct Police officer to investigate cognizable offence. 2: (%) ~ ~ L T I ~ ~ & 3 - P i - R . * ~ ~

3fm.

(d) Power of the court to proceed against persons not being the. accused appearing 1

to be guilty of offence in any enqulry or trial. 2 - 2

( J ) 3 l T w m m ~ ~ ~ m m m ~ d ~

M m .

(e) Compounding of offences.

($1 aTJ?J - m. (0 Prosecutor's power to withdraw from prosecution.

(U;) * wzTq3 SirT rn Q h r 3+m.

4. Explain the concept of vicarious liability of offender in the light of' relevant

provisions with reference to "in furtherance of common intention", "in prosecution of

common object of unlawful assembly" and "criminal conspiracy". 10

5. Distinguish the tbllowing topics. (any four)

m;F; -fm3 m. (W rn)

(a1 Dowry death and harassment of a woman by husband or his relatives for

illegal demands. I 2 L

(3 ) ~ ~ ~ ~ * d ~ m ~ - i r ~ m

?? v. (b) Insulting modesty of' a womail and outraging her modesty. 2 I

2

( ) ?st ii jmsr;r m h + T .

(c) Dishonest misapprop~.iation of property and criminal breach of trust. 2 l 1

(*) d m 3mm q v%Kr+m m.

(dl Forgery and making of a false document.

(5) a& q da * m.

(el Robbery and dacoity.

( 5 ) a q 6h.

(0 Hurt and grievous hur t

p q 447 pm. -- -

6. Explain the procedure for proving contents of electronic record and truth or falsehood

of those contents. 10

~ y f ~ ~ ~ m - m ~ r n m ~ ~ i m m i m . - - - - - ~ - - - - - - - -

7. Write notes. (any two)

rn m. ~~ (a) Concepts of contradiction, omission and subtraction.

(37) mTa, d m, 3 mfhtk4 m, 4T GWFTl.

(b) Nature of questions to be asked to the witness during three stages of his

examination.

( ) 7 T r $ m m m * m ~ m ~ m m .

(c) Legality and evidential value of modern techniques of investigation such as

Polygraph test, Narcoanalysis test and Brain fingerprinting test. 5

(5) -*, 7 m w h f a N & , h t ; r < m & s r m * . w e ~ r n m $ m m T q & p p .

(dl Exceptions to general rule, "Hearsay evidence is not admissible".

(5) y m fFm;r? W' m mwrnr M m

8. Write short notes. (any four)

Frm itm m. (4TFmft mt)

(a) Fact in issue.

(3) -.

(b) Relevancy of facts and admissibility in evidence

( a + - f t + i e m ~ d ~ .

(c) Use of dying declaration after survival of its maker recordcd bv (a) police 1

and (b) other than police official. 2 - 2

(*I i k f k + F m ~ m * m ~ 7 m - m h m

h *.

1 (d) Purpose and evidential value of' test identity parade. 2 -

2

( S j * h * q g m g F 4 .

(el Refreshing of memory

($1 m ?=mr.

(0 Res Gestae.

( %TdSh 1Tm XVIFT A* e d ~ .

9. Write an essay on any one of the following topics.

cdd%i - helli~qt f%q f?w.

( a ) Socio-legal aspects of female foeticide

( s j e f t ! p r ~ - 4 - * q ,

( b ) llostility of witnesses - a challenge.

( 3 ) f%g m&R - F3 m.

(c! Effbct of' declining rate of conviction on the safcty of a socictp

* ~ m ~ ~ ~ h * . ~ ~ -~ - -- ~- ~- -

10. Write a judgment on the following facts. 20

Ram resides at Pune. He went to Nasik after locking his house. On his return he found that his lock and latch were broken. T.V. set & gold ornaments were stolen. He filed a report with the police. Investigation officer arrested Ravan and seized gold ornaments of Ram from Ravan's house under Panchanama in presence of two panchas. Ravan gave disclosure statement to Investigation off~cer that he would show a shop where he sold the T.V. set. He showed shop of Laxman but Ram's T.V. set was not found. Investigation officer submitted Charge Sheet.

On trial Panchas turned hostile. Ram and 1.0. supported prosecution

Asst. Prosecutor argued seizure of ornaments from house of Ravan and discovery of fact as to where he sold T.V. set are proved. Hence claims conviction. Defence lawyer submits that there is unexplained delay in filing FIR. On seizure of ornaments, independent witnesses have not supported. T.V. set is not recovered hence there is no use of showing the shop. He prays for acquittal. In alternate! he requests to extend the benefit of the Probation of Offenders Act.