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The document outlines important questions for the Junior Civil Judge's examination, covering key topics in the Indian Penal Code, Indian Evidence Act, Criminal Procedure Code, and Civil Procedure Code. It includes various sections and principles related to criminal law, evidence, and civil procedures, along with differences between legal concepts and specific provisions. The questions are designed to assess knowledge on jurisdiction, types of offences, evidentiary rules, and procedural laws.

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0% found this document useful (0 votes)
10 views

Questions

The document outlines important questions for the Junior Civil Judge's examination, covering key topics in the Indian Penal Code, Indian Evidence Act, Criminal Procedure Code, and Civil Procedure Code. It includes various sections and principles related to criminal law, evidence, and civil procedures, along with differences between legal concepts and specific provisions. The questions are designed to assess knowledge on jurisdiction, types of offences, evidentiary rules, and procedural laws.

Uploaded by

Divvi Snoopy
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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IMPORTANT QUESTIONS FOR WRITTEN

EXAMINATION FOR JUNIOR CIVIL JUDGE'S

EXAMINATION
Indian Penal Code

1. Jurisdiction of Criminal Courts (Sections 2 to 4 )

2. Common Intention ( Joint Liability ) and Common Object ( Constructive Liability)


Difference Between them. (Sections 34 and 149 )

3. Kinds of Punishments. (Section 53 )

4. Imprisonment for non payment of fine. (Sections 64 to 67 )

5. Solitary Confinement. (Sections 73 and 74)

6. Enhanced Punishment. (Section 75 and 324 of Cr.PC )

7. Seven principles underlying under chapter of General Exceptions.


(Sections 76 to 106 ).

8. Giving false evidence and punishment for it. Is threatening a person to give
false evidence offence, if so quote section and what is punishment.
(Sections 191,193, 195-A )

9. Important offences :

(a) Criminal Conspiracy (Sections 120-A,120-B)

(b) Sedition (Sections 124-A)

(c) Unlawful assembly (Sections 141,143)

(d) Rioting (Sections 146,147)

(e) Affray (Sections 159,160)

(f) Culpable homicide (Sections 299,304)

(g) Murder (Sections 300,302)

(h) Dowry death (Sections 304-B)

(i) Thug (Sections 310,311)

(j) Simple Hurt (Sections 319,321,323)

(k) Grievous hurt (Sections 320,322,325)


(l) Wrongful restraint (Sections 339,341)

(m) Wrongful confinement (Sections 340,342)

(n) Force, Criminal force,Assault (Sections 349 to 352)

(o) Kidnapping,Types of kidnapping (Sections 359 to 363)

(p) Rape (Sections 375 to 376-D)

(q) Theft (Sections 378,379)

(r) Extortion (Sections 383,384)

(s) Robbery (Sections 390,392)

(t) Dacoity (Sections 391,395)

(u) Dishonest Misappropriation Property (Sections 403)

(v) Criminal Breach of Trust (Sections 405,406)

(w) Stolen Property (Sections 410)

(x) Cheating (Sections 415,417)

(y) Mischief (Sections 425,426)

(z) Criminal Trespass (Sections 441,447 )

(aa) House Trespass (Sections 442,448 )

(ab) House Breaking (Sections 445)

(ac) Forgery (Sections 463,465)

(ad) Bigamy (Sections 494)

(ae) Adultery (Sections 497)

(af) Elements of Cruelty (Sections 498-A)

(ag) Defamation (Sections 499,500)

(ah) Criminal Intimidation ( Sections 503,506)


10. Differences :

(a) Rioting and Affray

(b) Culpable Homicide and Murder

(c) Wrongful Restraint and Wrongful Confinement

(d) Rape and Adultery

(e) Dishonest Misappropriation of Property and Criminal Breach of Trust

(f) Criminal Trespass and House Trespass

(g) Theft and Extortion , (I) Theft or Extortion and Robbery

(j) Kidnapping and Abduction

11. Elements of Crime and stages of crime.

12. Theories of Punishment

13. Abetment. Explain various provisions relating to abetment. Section 107 to 120

14. Vicarious Liability under IPC ( 154 and 155 )

15. Constitutional validity of Section 309 . Explain

16. Offences relating to Marriage ( Sections 493 to 498-A )

17. Is Dishonestly or fraudulently making a false claim in a court of justice


offence ? ( Section 209 )

18. Is criminal proceeding or false charge made with intent to injure offence. Sec 211

19. Is fraudulently obtaining decree or order for sum not due or for a large sum
than due offence ? ( Section 210 )

20. Can a man commits offence of forgery by his own signature ?


(Explanation-1 and illustration(a) of Section 464)

21. Can a man commits offence of mischief in respect of his own property ?

(Explanation-2 and illustration(e),(g) of section 425)


22. What is defamation. What are the exceptions to defamation. Section 499

Indian Evidence Act

1) Meaning of Proved , Dis Proved and Not Proved and enacted principle involved
in these terms. ( Section 3 )

2) Meaning of May Presume, Shall Presume and Conclusive Proof and enacted
principle involved in these terms. ( Section 4 )

3) Meaning of Test Identification Parade and precautions to be taken by Magistrate


for conducting TIP and evidentiary value of TIP. ( Section 9 ). Section 54-A of
Cr.P.C and Rules 34 and 35 of CRP )

4) Meaning of Dying Declaration and precautions to be taken by Magistrate for


recording DD and evidentiary value of DD. Section 32(1). Rule 33 of CRP )

5) Meaning of Confession and precautions to be taken by Magistrate for recording


confession and evidentiary value of confession.Rule 32 of CRP, Sec 164 of Cr.P.C.

6) Is improper admission or rejection of evidence be a ground for new trial or


reversal of decision in a case .( Section 167 )

7) Leading question. When they can and can not ask. ( Section 141 to 143 )

8) Hostile witness and evidentiary value. Can a party put questions to his own
witness , which can be asked in cross examination. ( Section 154 )

9) It is the quality that counts and not the quantity . Evidence has to weighed
and not to be counted. Explain. ( Section 134 )

10) Accomplice and evidenctiary value of Accomplice. ( Section 133 and


Section 114, illustration(b) )

11) Who may testify. ( Section 118)

12) Dumb witness. ( Section 119)

13) Estoppel. Difference between Estoppel and Resjudicata. Sec 115,Sec 11 of CPC

14) Public Document ( Section 74 )

15) Attestation. Documents requires attestation. Proof of execution of document


required by Law to be attested . ( Section 68 , Section 3,59,123 of TP
Act and 63 of Indian Succession Act )

16) Secondary evidence and cases in which secondary evidence can be given.
( Section 63 and 65 )
17 ) Rule of Best evidence ( Section 60 and 62 )

18 ) Relevancy of character in civil and criminal cases.( Sections 52 to 55 )

19 ) Opinion of expert. ( Section 45 )

20 ) Relevancy of evidence in subsequent proceeding for proving facts stated in


former proceeding. ( Section 33 )

21) When confession relevant and when irrelevant. ( Section 24 to 30 )

22) Alibi ( Section 11 )

23) Fact, Fact in issue, relevant fact ( Section 3 )

24) Resgeste ( Section 6 )

25) Difference between Admission and Confession . ( Section 17 )

26) Burden of proof and principles relating to burden of proof. (Section 101 to 111 )

27) Privileged communications . Can every witness be compelled to answer to


every question. ( Section 121 to 132 )

28) Hearsay Evidence . Exceptions to it. ( Section 60 )

29) Modes for proving signature. (Section 67)

30) Can credit of witness be impeached . If so, how. (Section 155)

31 ) Refreshing of Memory. (section 159 )

32 ) Examinations ie chief , cross and Re examinations. (Section 138)

33) Courts of Justice when relevant. ( Sections 40 to 44)

34) Can a person summoned to produce a document be cross examined ?


( Sections 139 , section 91(2) of Cr.PC and order-16, Rule-6 of CPC )

35) What is the mode of contradicting previous statement in writing.(Section 145 )

36) Probative value of child witness, prosecutrix and medical evidence.

37) What are facts need not be proved. ( Sections 56,57,58 )

38) what are facts which are relevant under Evidence Act. (Sections 6 to 55 )
Criminal Procedure Code

1. Constitution of criminal courts and their powers.


(Sections 6,8,9,11,20,28,29)

2. When police arrest accused without warrant ( Section 41 )

3. Is police officer bound to register case in a cognizable offence though


offence was not committed within his jurisdiction ( Section 154 )

4. Jurisdiction of criminal courts . ( Sections 177 to 189)

5. Procedure to be followed by Magistrate in a complaint cases.


( Section 2(d), 200 to 203, 244 to 248 )

6. Procedure to be followed when there is a complaint case and police


investigation in respect of same offence ( Section 210 )

7. Can a court alter or review its judgment or order after signed it. (Section 362 and Order-20,Rule-
3,Sections 152, 114, order-47)

8. Can court proceed against a person who has not been arrayed as an
accused in a case. ( Section 319 )

9. Procedure when Magistrate can not pass sentence sufficiently severe.


( Section 325 )

10. Proceedings under section 125 of Cr.PC are civil in nature . Explain .
Maintenance ( Section 125 to 128 ).

11. Difference between Discharge and Acquittal .


( Section 227,239,245,258 and 248,255,256,257,258 )

12. Irregularities which vitiate and which do not vitiate proceedings


( Sections 460 and 461).

13. Maximum period for which an under trial prisoner can be detained
during trial, inquiry or investigation.( Section 436-A )
14. What is cognizance. Conditions required for initiation of proceedings. Or
Limitations for taking cognizance of offence (Sections 190 to 199)

15. Person once convicted or acquitted not be tried for same offence again
or Double Jeopardy ( Section 300 and Article 20(2) of Constitution)
16. Can a Magistrate suspend the sentence passed by him . If so , what are
the conditions . ( Section 389(3) )
17. Can a Magistrate discharge the accused in a summons case
proceeding . If so , what are the conditions. ( Section 258 )

18. Can a Magistrate order a person to give specimen signature or hand


writing for the purpose of investigation or proceeding.(Section 311-A )

19. Charge.Contents of charge. Effect of error in charge.Alteration of Charge


Joinder of offences and joinder of offenders. (Section 211 to 224)

20. Can accused be convicted for the offence not charged.


(Sections 221,222) .

21. Various Trial under Cr.PC

( a) Sessions Trial ( Sections 225 to 235)

( b) Warrant Trial on police report ( Sections 238 to 243 and 248

( c) Warrant Trial on complaint ( Sections 244 to 248 )

( d) Summons Trial ( Sections 251 to 255 )

( e) Summary Trial ( Sections 260 to 265)

22. Plea bargaining ( Sections 265-A to 265l)

23. Can evidence be taken in the absence of accused . Explain.


( Sections 273, 317,299)

24. Tender of Pardon to Accomplice ( Sections 306 to 308 )

25. Compounding of Offences ( Section 320 )

26. Procedure when Magistrate can not dispose of cases ( Section 322 )

27. Commitment of cases to court of session ( Sections 209 and 323 )

28 Set-Off ( Section 428 )

29. Effect of omission of frame , or absence of, or error in, charge


( Section 464 )

30. Limitations for taking cognizance of offence (Sections 467 to 473 )

31. Cases in which accused shall be released on Bail. Mandatory Bail.


(a) Section 436

(b) Section 436-A

(c) Section 167(2)

(d) Section 437(2)

(e) Section 437(6)

(f) Section 437(7)

32. Anticipatory Bail. Section 438

33. Can magistrate cancel Bail granted to accused ( Section 437(5) )

34. Evidentiary value of FIR . Section 154

35. Can a court issue summons to produce document or other thing , if so


when . ( Section 91)

36. When a magistrate can take cognizance . ( Section 190 )

37. Differences

(a) Police report and Complaint


(b) Investigation and Trial
(c) Cognizable and Non cognizable offences
(d) Summons case and Warrant case
(e) Bailable and Non bailable offences

38. Modes to compel for the attendance of accused before the court
(Sections 61 to 83 )

39. Public servant. Procedure to prosecute a public servant .


(Section 21 of IPC and 197 of Cr.P.C)

40. Importance and object of section 313 of CrPC examination.

41. Can an accused person be himself examined as a witness. (Section 315)


Civil Procedure Code

1. Jurisdiction and Kinds of Jurisdictions.

a) Local or Territorial jurisdiction (Sections 3 and 15 of AP Civil Courts Act)

b) Pecuniary jurisdiction (Sections 5 and 16 of AP Civil Courts and 6 of CPC)

c) original and appellate jurisdiction

d) Jurisdiction as to subject matter ( Ex. Section 9)

2. Explain Principles governing the exclusion of jurisdiction of civil courts.


(Section 9)

3. Place of suing and objections to jurisdictions (Section 15 to 21-A)

4. Bar of suit. (Section 12)

5. Foreign judgment when conclusive (Section 13)

6. Joinder of parties. ( Rule-1 and 3 of order-1 )

7. Joinder of causes of action. ( Rule-3 of order-2 )

8. Representative suit ( Rule-8 of Order-1 )

9. Objections as to non joinder or misjoinder of parties.( Rule-13 of O-1 )

10. Stay of suit ( Section 10 ) and Res-judicata ( Section 11). Difference.


Constructive Resjudicata (Explanation-4 of Section 11)

11. Amendment of pleadings. Failure to amend after order. Striking out


pleadings. ( Rule-17,18 and 16 of Order-6 )

12. Suit on negotiable instrument. ( Rule- 16 of Order-7 )

13. Appearance of parties and consequence of non appearance of parties


( Order – 9)

14. Difference between return of plaint and rejection of plaint.


( Rule-10 and 11 of Order-7 )
15. Difference between Set-off and counter claim.
( Rule-6 and 6-A of Order-8 )

16. Cardinal principles for granting ad-interim injunction and cases in which
temporary injunction can be granted ( Order-39,Rule-1 )

17. Principles for appointing receiver. Powers, functions and purpose of


appointment of receiver. ( Order-40 )

18. Arrest and detention of judgment debtor


( Section 55 to 59 and Rules 37 to 40 of Order -21)

19. Death, Marriage and insolvency of parties. Abatement of suit


(Order -22).

20. Withdrawal or abandonment of suit (Order -23).

21. Inter-pleader suit (Order -35 and Section 88).

22. Summary procedure (Order -37).

23. Arrest and attachment before judgment (Order -38).

24. Precept ( Section 46 )

25. Property liable to attachment and sale in execution of decree.


(Section 60).

26. Power of court to issue commissions (Section 75 and Order-26).

27. Restitution ( Section 144).

28. who can make Reference and grounds for Reference.


(Order -46 and Section 113).

29. Review (Order -47 and Section 114).

30. Revision (Section 115 ).

31. Attachment of salary or allowances of government and private employs


(Rule 48 and 48-A of Order 21).

32. Amendment of judgments ,decrees and orders (Section 152)

33. Enlargement of time (Section 148)


34. Supplemental proceedings (Section 94)

35. Caveat (Section 148 -A)


36. Suits by or against government or government servants .
(Sections 79 to 82 and Order 27)

37. Transfer of decree. Powers of execution court . (Section 39)

38. Different modes by which a decree can be executed .(Section 51)

39. Who is an indigent person and how is it different from a suit.


( Order-33)

40. Difference between decree and order. Section 2(2) and 2(14)

41. Pleadings and essentials of pleadings. (Order-6)

42. Garnishee. ( Rule-46-A of Order-21)

43. Compensatory costs. (Section 35-A)

44. Inherent powers. (Section 151)

Limitation Act

1) Condonation of delay. Section 5

2) Legal disability. Section 6,7,8

3) Limitation bars remedy but not right . Exception . Section 27

4) Acknowledgment. Section 18

5) Once time begun to run , no subsequent disability or inability


to sue can stop it. Explain with exception. Section 9
Transfer of Property Act :

1. Actionable claim. Transfer of actionable claim ( Section 3 and 130 )

2. What is transfer of property. What is transfer inter vivos. What properties can not be transferred .
( Section 5 and 6 )

3. Rule against inalienability ( Section 10 )

4. Restriction repugnant to interest crated ( Section 11 )

5. Can property be transferred to unborn person. if so, what are conditions.


( Section 13 )

6. Rule against perpetuity (Section 14 and 114 of Indian Succession


Act )

7. Vested interest and contingent interest.Difference.(Section 19 and 21)

8. Condition precedent and Condition subsequent. Difference.


Rule of Cy-pres. ( Section 26 and 29 )

9. Rule of Acceleration ( Section 27 )

10. Doctrine of Election ( Section 35 and sections 180 to 190 of


Indian Succession Act )

11. Doctrine of ostensible owner or holding out ( Section 41 )

12. Doctrine of Feeding the grant by Estoppal ( Section 43 )

13. Improvements made by bonafide holder ( Section 51)

14. Doctrine of lis-pendency ( Section 52 )

15. Doctrine of Fraudulent transfer ( Section 53 )

16. Doctrine of Part Performance ( Section 53-A )

17. Direction for accumulation ( Section 17 )

18. “Nemo dat quod non habet” and exceptions to it. ( Sections 35,41,43)
19. Sale and contract for sale. Difference. Rights and duties of seller and
buyer ( Sections 54 and 55 )

20. (a) Mortgages. Kinds of mortgages. ( Section 58 )

(b) Doctrine of Redemption. Once a mortgage always a mortgage.

( Section 60 )

(c) Doctrine of Foreclosure. ( Section 67 )

(d) Marshalling and contribution. Difference.(Section 81 and 82 )

(e) Doctrine of subrogation. Legal and convention subrogation .

( Section 92 )

(f) “qui prior est tempore potior est jure “.Explain.(Section 78 and 79)

(g) Doctrine of consolidation . (Section 61)

21. a) Lease and duration and how lease made.(Section 105,106,107 )

b) Kinds of lease. Tenant at will , Tenant at sufferance and Tenant at

holding over . (Section 116)

c) Termination of lease . (Section 111)

d) Difference between lease and license.

(Section 105 and Section 52 of Indian Easement Act)

22. a) Gift. How gift made. Revocation of gift. (Section 122,123,126)

b) onerous gift (Section 127)

c) Universal donee . (Section 128). “quisensit commodum debet

sentire onus”-- He who receives advantage must suffer burden also.

d) Donatio mortis causa. ( Section 129 and 191 of IS Act,1925)

e) Types of gift. Gift by will, inter vivos and mortis causa

23. Exchange. Can a person be acted as a transferor and transferee at a


time. Explain. (Section 118).

Registration Act:

1. Effect of non registration of document required by law to be registered.


Exceptions ( Section 49)

2. Effect of non stamping or insufficiency of stamping of instruments


required by law to be stamped . Exceptions ( Section 35 )
3. Documents for which registration is compulsory and for which it is optional
( Sections 17 and 18 )

Negotiable Instrument Act

1.Promissory Note. Bill of exchange. Cheque. Differences.( Sections 4,5,6)

2.Holder. Holder in due course. Payment in due course. (Sections 8,9,10)

3.Ambiguous instrument. Inchoate stamped instrument (Sections 17,20)

4.Negotiable instrument . Negotiation (Sections 13.14)

5.Material alteration (Section 87 )

6. Indorsement (Section 15)

7. Essential conditions for prosecuting a person for the offence u/s 138 of NI
Act. ( Section 138 )

Indian Easement Act

1. Easement. Difference between Lease and Easement. ( Section 4 )

2. Imposition , Acquisition and Transfer of Easement . ( Section 8 to 19 )

3. Extinction, Suspension and Revival of Easement . ( Section 37 to 51 )

4. Licence and Revocation of licence . ( Section 52 and 60 )


Specific Relief Act

1. Suit by a person dispossessed of immovable property.( Sections 6 )

2. Cases in which specific performance of contract enforceable .


( Sections 10,11,12 )

3. Cases in which specific performance of contract not enforceable .


(Sections 14 )

4. Rectification, Rescission , and cancellation of instruments


( Sections 26,27,31)

5. Declaratory decree. (Sections 34 and 35 )

6. a) Temporary and Permanent injunctions. Difference.( Sections 36,37)


b) Permanent injunction when granted ( Sections 38)
c) Mandatory injunction ( Sections 39)
d) When injunction refused ( Sections 41)

7. Reliefs under Specific Relief Act .

a) Recovery of possession of property ( Sections 5 to 8 )

b) Specific performance of contract ( Sections 10 to 14 )

c) Rectification,Rescission and cancellation of instruments

and Declaratory decree (Sections 26,27,31,34)

d) Preventive Relief (Sections 36 to 42)

Constitution of India

1. Right against Expost Facto Law . Article 20(1)

2. Right against Double Jeopardy. Article 20(2)

3. Right against self incrimination or


Can an accused be compelled to be
a witness against him. Article 20(3)

Contract Act

1. Essential elements of contract. (Section 10)

2. Void agreements. (Section 2-g, Sections 24 to 30)

3. Privity of contract. Exceptions.

4. An agreement without consideration is void. Exceptions. (Section 25)

5. Quasi contracts. (Sections 68 to 72)

6. Disffrence between contract of indemnity and guarantee.


(Section 124 and 126)

7. Finder of lost goods. (Section 71)

8. Discharge of contracts

9. Agency and termination of agency. ( Section182,201,202)

10. Difference between bailment and pledge. (Sections 148 and 172)

11. Essential of offer and acceptance and revocation of offer and


acceptance. (Section 2-a, Section 5)

12. Doctrine of Frustration

13. Doctrine of quantum meriut.

14. What contract are lawful and what unlawful. (Section 23 and 24)

15. Valid and Voidable contracts (Section 2-h and Section 2-i)

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