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Paper III

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8 views

Paper III

Uploaded by

Geni Dalbong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE GAUHATI HIGH COURT AT GUWAHATI

fl-he High Court Of Assam, Nagaland, Mizoram and Arunachal Pradesh)


Main Written Examination for Direct Recruitment in Grade-III of Arunachal
Pradesh Judicial Service, 2O2l

PAPER-III (Law Paoer-I)

Date: 19.09.2021 (Sunday) Time: 9.00 a.m. to 12.00 noon


Total marks: 100 Duration: 3 hours

Constitution of India

1. Answer any three of the following: (3x1 = 3 marks)


(a) Whom are all speeches made in the Lok Sabha addressed to?
(b) Who has the power to promulgate ordinance in sEtes?
(c) Which amendment repealed the Right to Propefi?
(d) Who elects the President of India?

2. How many subjects does the Union List consist oP Distinguish between fie Union List
and the Concurrent List. (1x1 = 2 marks)

3. Write shoft notes on any two of the following: (2x2 = 4 marK)


(a) Theory of Basic Structure.
(b) Judicial Review.
(c) ffice of Profit.
(d) Fundamental Rights.

4 Briefly comment on the amending power of the Parliament under Aticle 368. (2 marks)

5 What are the constitutional safeguards available to civil seruants under the Constitution
ofIndia? (2 marks)

6 Distinguish between the doctrines of 'Harmonious Construction' and 'Pith and


Substance? (3 marks)

7 Which house of Parliament can introduce a Money Bill? If a question arises as to


whether a Bill is a Money Bill or not, who has the power to make the decision in that
regard?
(1 +1=2marks)

8. What are the different kinds of writs that can be issued by a High Court? What are the
rights enforced by issuingwrits? (2 + 2 = 4 marK)

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9 Which constitutional amendment was recently struck down in paft by the Supreme Court
on 2A.07.2021? Briefly comment on the grounds for striking down of the same.
(1 +2=3marK)

The C.ode of Civil Procedure

1 Answer any four of the following: (4x1=4marks)


(a) The Code of Civil Procedure came into force on whkh day?
(b) What is an inter pleader suit?
(c) What is provided in Order 6, Rule 17?
(d) Who is a Proforma Defendant?
(e) What is a Summary Suit?

2. Distinguish between Res judicata and Res sub-judice? (2 marks)

3. Discuss the powers of the Supreme Court to Uansfer suits. (2 marks)

4. What are the remedies available to a defendant in the event of an ex pafte decree being
passed against him? What are the grounds for setting aside an ex parte decree under
Order9? (2+2=4marks)

5. What are the grounds available to an aggrieved person for seeking a rcview of a
judgment?
(2 marks)

6 What penalties may be imposed by the Court to compel the attendance of a person as
per Section 32? (2 marks)

7. Write a short note on any two of the following (2xZ = 4)


(a) Settlement of disputes outside the Court.
(b) Section 100 of CPC.
(c) Suit against a minor.
(d) Commission to make local investigations.

I What are the main principles which guide the court while dealing with an application of
temporary injunction? (2 marks)

o Explain the law relating to arrest and detention of a judgment debtor in respect of
execution of decree. (3 marks)

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Transfer of ProoerW Act

1 Write short notes on any three of the following: (2x3 = 6 marks)


(a) Constructive notice.
(b) Section 5 of T.P. Act.
(c) Distinction between Vested and Contingent Interest.
(d) EssentialGifls.

2. Explain the doctrine of 'Lis Pendens', (3 marks)

5. What do you understand by the'rule against perpetuity? F:plain with an illustration


(2 marks)

4. What are the requisites of a valid attestation? (3 marks)

5. What do you understand by'spes succession? Is it transferable? (2 marks)

6. Distinguish between absolute and partial restraints against alienation. (2 marks)

7. Mention 4 conditions for termination of a lease as mentioned under Section 111.

(2 marks)

8. Briefly explain the scope of redemption as mentioned in Section 60. (3 mark)

9. What is doctrine of part performance? (2 marks)

Indian C.ontract Act

1 Write short notes on any three of the following: (2x3=6marks)


(a) Difference between coercion and undue influence.
(b) Consideration.
(c) Standing offer.
(d) Breach of contract.

2 What are the exceptions to the rule "No consideration, no contract" as provided in Section
25? (2 marks)

3 Define acceptance. When is a communication of acceptance against the proposer deemed


to be completed? Can arr acceptance given by post be revoked?
(1 +1+1=3marks)

4. When is consent so given said to be free? (2 marks)

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!

5. "An agreement in restraint of trade is void." Explain and give exceptions, if any. (3 marks)

6. What is the legal effect of an agrement by a minor? (2 marks)

7. Can a stranger to a contract enforce a contract? Explain the doctrine of privity of contract.

(L+2=3marks)
8. Distinguish between conffacts of indemnity and guamntee. (2 marks)

9. When is the peformance of a contract said to be impossible? (2 marks)

ffi

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