RESILIENCE JUDICIAL ACADEMY ( BY BALJINDER SINGH SRA)

SCO 140, SECTOR -24-D, CHANDIGARH

TEST PAPER -1 ADJ - INDIAN EVIDENCE ACT. TIME : 3 HRS

ALL QUESTIONS ARE COMPULSORY

ATTEMPT IN SERIAL ORDER

1. Discuss the evidentiary value of the following:

(a) Accomplice evidence. (b) Expert opinion.

2. When are confessions relevant in evidence? State the provisions of the Indian Evidence Act as to confessions.

3. Discuss the evidentiary value of (i) Dying declaration and (ii) Retracted confession of the accused.

4. A gupti was recovered pursuant to the statement made by the accused from a dilapidated building concealed below

a heap of earth, which on examination was found to be stained with human blood of Group ‘B’. On behalf of the

appellant, it was urged that because the house was in a dilapidated condition and could be approached by anyone, it

could be said that the gupti was found from an open place, accessible to all. Is the plea of the appellant admissible

under the law? Decide with reference to section(s) of the Indian Evidence Act and case law, if any.

5. (i) In a criminal trial the burden of proof is always on the prosecution. Has this rule any exception?

(ii) Hearsay evidence is not admissible? Are there any exceptions to this rule? If so, what?

(iii) How the credit of a witness can be impeached?

6. (i) Indian Evidence Act, 1872, declares an accomplice to be a Competence witness and a conviction is

not illegal even if it is based on uncorroborated testimony of an accomplice, while this Act also allows a court to

presume an accomplice to be unworthy of credit unless his corporate in material particulars. Do you see any

contradiction in this Act in this regard? Discuss and elaborate your views with reference of decided cased on the

subject.

(ii) Differentiate between the evidence given by an accomplice and a co-accused and decide upon the

evidentiary value of each of them.

(iii) A and B are being Jointly tried for the murder of C. A makes a confession in which he says that he along with

B went to the room in which C was sleeping, that A stood at the door as he felt nervous and B went inside and short

C dead. How far can this confession be used against B?

7. (i) Discuss the fully the evidentiary value of retracted confession. Illustrate your answer.

(ii) When are the opinions of experts relevant? What is their evidentiary value? Discuss.

(iii) How is the disputed handwriting of a person is proved? Examine admissibility of the evidence of a

handwriting expert?

8. Explain ‘Secondary evidence’? Under what circumstances it is admissible?

9. (i) A, claimed a house on the basis of a registered will against B. In support of his claim, A examined

himself as witness. In cross examination, he admitted that one of the attesting witness , who has signed the will is

still alive. B entered into the witness box in defence and deposed that the testator was completely paralysed and had

lost all his sense. No other witness from either side was examined. Decide giving reasons for your conclusion..

(ii) X, lodged and FIR before a police officer in the nature of confession stating that he murdered his wife

Y, as she was a to what extend and under what circumstances? Discuss.

10. (i) The rules of evidence are in general the same in civil and criminal proceedings. Mention the exceptions to the

statement.

(ii) ‘Relevancy and admissibility are no co-extensive terms.’ Comment.

11. (i) ‘Evidence as to character, particularly bad character is ordinarily irrelevant because the business of the court is

to try the case and not the man, and a very bad man may have a very righteous cause.’ Discuss.

(ii) Distinguish between the following:

(a) Primary and secondary evidence. (b) Public and private documents.

12. Whether a Magistrate can permit a party to cross-examine his own witness? If so, state the circumstances.

13. Birth of a person, during the continuance of a valid marriage of his mother with a man in conclusive proof of his

legitimacy. Whether such legitimacy can be rebutted in any circumstances?

14. (i) Two sisters were murdered at the same time. The younger one had died immediately while the elder one was

alive when other people arrived. She told them how the accused had killed her younger sister but before she could

narrate about her own self she died. Discuss the validity of her ‘dying declaration’.

(ii) ‘Dying declaration’ of a person was recorded, in which he implicated ‘X’ and ‘Y’ were prosecuted,

for attempt to commit murder of that person. During the trial, the aforesaid ‘dying declaration’ is sought to be

given in evidence. Discuss the admissibility and validity of the ‘dying declaration’.

15. In a criminal matter the prosecution proposes to the court to take judicial notice, under section 56 of the Indian

Evidence Act, 1872, of the fact that a particular area of the state is terrorist stricken. The accused objects on the

grounds that the said fact is not covered under section 57 of the said Act, and hence the prosecution must prove it.

Decide.

16. What is the leading question? When can such a question be asked to a witness? Illustrate your answer.

17. Explain and illustrate the effect of non-explanation by the prosecution of the injuries sustained by the accused at the

time of occurrence.

18. A woman admitted in burnt condition in the hospital by her husband on 15.6.1999 at 3 p.m. She told the doctor that

it was an accident. SDM came on 19.6.99 and recorded her statement. She then said, “I was married two years

back. My husband and mother-in-law were not satisfied with dowry and harassed her. Father-in-law was

indifferent. Unmarried sister-in-law always found fault with whatever I did. When I could take no more, I sprinkled

kerosene on my head and showed lighted “match stick” the woman died on 23.6.1999. Parents of the woman

alleged dowry-death. Sister of the woman produced 4 inland letters received from the victim detailing the demand

and harassment being meted out to her. Decide.

19. Discuss the rule relating to exclusion of oral evidence by documentary evidence as contained in Section 91 of the

Evidence Act.

20. (i) A, a client says to B, an attorney- “I wish to obtain possession of property by the use of forged deed on which I

request you to use”? Is this communication protected from disclosure ?

(ii) Can a wife be compelled to give evidence against her husband in a civil or criminal case? Answer

with reasons.
 RESILIENCE JUDICIAL ACADEMY

SCO 140, SECTOR -24-D, CHANDIGARH

TEST PAPER -1 ADJ - CODE OF CRIMINAL PROCEDURE TIME : 3 HRS

ALL QUESTIONS ARE COMPULSORY

ATTEMPT IN SERIAL ORDER

1. A resident of Kashmir commits an offence punishable under Indian Penal Code. In England Subsequently he

was arrested in Shimla and prosecuted for the offences committed in England. He plerads: (i) that since he

committed the offence in England, Indian Courts have no jurisdiction to try him. (ii). That since he belongs to

Kashmir where neither the Code of Criminal Procedure nor Indian Penal Code applies. The Court in Shimla

has no jurisdiction to try him. Decide.

2. What is the value of the First Information Report and what is the effect of delay in lodging such report? Do you

agree with the view that delay gives rise to suspicion which puts the court on guard to look for the possible

motive and explanation for the delay and consider its effect on the trust worthiness of the prosecution version?

3. Distinguish between discharge and acquittal.

4. A was tried for the murder of X but was acquitted of that charge and convicted for the grievous hurt to X. A

appealed to the High Court. Can the High Court convict A on the charge of murder?

5. “Life imprisonment is the rule and death sentence is an exception in murder convictions.” Explain.

6. (i) When may a charge be altered? What are the consequences of alteration of a charge.

(ii) A is arrested for committing a cognizable offence. The police offer who arrested him proceeds for his

medical examination so as to obtain evidence against him. A resists the said examination on the ground of his

fundamental right under Article 20 (3) of the Constitution. Decide.

(iii) A is produced before a Judicial Magistrate to make a statement under section 164 of the Code of

Criminal Procedure.,1973. A refused to make the statement. The magistrate authorizes the police to keep him

in remand under section 167 of the said Code for a period of seven days. Decide. What are rules laid down by

the High Court in respect of recording of the same?

7. Under what circumstances may an offence outside India be tried as an offence committed in India?

8. What is meant by anticipatory bail? Under what provision of Law it may be claimed? By which courts it may

be granted? Can you cite some Supreme Court judgment on the matter.

9. In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged that the complaint

be dismissed and the accused acquitted. Counsel for the complainant contends, however that there was nothing

to be done as summons for the doctor, for whose evidence, the date was fixed that not been issued by the

officer of the court despite of process fee by the complainant and therefore the case be adjourned to some other

date. Decide in the light of rules laid down in the High court order and Rules?.

10. An accused was acquitted due to lack of evidence. He was again prosecuted for the same offence, additional

evidence was supplied and he was convicted by the magistrate. Examine the validity of the order?

11. Clearly explain the difference between Investigation, Inquiry and Trial.

12. State with reasons which of the courts shall have jurisdiction to try the case arising out of the following facts:
 (a) A is kidnapped from Lucknow and is recovered from a house in Kanpur. (b) Injuries were caused

to X at Lakhimpur. He dies to those injuries at Kanpur where he was brought for treatment. (c) A

dacoity was committed in town Patna, the dacoits were arrested at Dhanbad, the looted property was

recovered from a goldsmith at Gaya.

13. X strikes B on the head with a lathi, causing a fracture. X is tried on the charge under section325 Penal Code

before a Metropolitan Magistrate. The Court allows a composition under section 320 Cr.P.C. and X is

acquitted. B subsequently dies and X is placed on trial before the Court of Sessions under Section 304 Penal

Code.

14. i) Pritam was in earlier case charged under Section 19(1) of the Arms Act for possessing a revolver without

license and acquitted, as the prosecution could not prove that he was in possession of revolver. The prosecution

institutes a subsequent trial against Pritam on charge of murder by shooting with a revolver. Will the finding of

the earlier case under Arms Act affect the prosecution case?

ii) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. Can A be tried

again for Culpable Homicide?

15. What the rules laid down in High Court order and rules for the recording of the evidence and statement of the

accused under 313 of Crpc in Sessions Trial Cases.

 RESILIENCE JUDICIAL ACADEMY ( BY BALJINDER SINGH SRA)

SCO 140, SECTOR -24-D, CHANDIGARH

ALL QUESTIONS ARE COMPULSORY

ATTEMPT IN SERIAL ORDER

Mock Test 1(Mains) Limitation Act and Registration Act.

Time: 2 hours.

Q.1 A, the plaintiff filed a suit for Declaration and for Permanent Injunction
against B, the defendant, that he is the owner in possession of the suit land measuring 3
kanal 14 Marlas by way of adverse possession and as such being owners in possession are
entitled to protect his possession. He further claims that forefathers of the plaintiff
remained in possession for more than 60 years. B, the defendant contested the suit of the
plaintiff and denied his claim on the ground that he is the owner of the suit land and the
same has been recorded in the Revenue Record. The main contention of the defendant
was that the suit itself is not maintainable in the present form. After the completion of the
pleadings, issues were framed by the Trial Court and a preliminary issue regarding the
maintainability of the suit was framed. Decide?

(20 marks).

Q.2. (a) Limitation destroys the remedy but not the right. Discuss?(10 marks)

(b) A entered into a contract with B for the supply of rice worth Rs 2 Lac
to B. B was to make the payment within one month of the delivery of the rice. Rice was
delivered to B on 1.1.1990. B failed to make the payment within the stipulated time. He
made a payment of Rs 50,000/- to A against the price of the rice on 15.5.1992 as part
payment and acknowledge in writing to clear the balance within the next two months. On
15.1.1995, A filed a suit against B for recovery of balance amount along with interest. B
contended that the suit is time barred having been filed after more than three years from
the date when payment became due. Decide giving reasons for your decision? (10 marks)

(c) What is the effect of legal disabilities of a person on the prescribed

period of limitation?(10 marks)
Q.3.(a) Under what circumstances can delay be condoned in the filing of the
appeal and applications? Does it make any difference if the applicant or appellant is the
Government?(10 marks).

(b) What is the effect of acknowledgement on the period of limitation.

How this period of limitation is computed in such a case?(10 marks).

(c) What is the effect of addition of a plaintiff or a defendant in a

pending suit upon the limitation?(5 marks)

Q.4. Cause of action accrued to a minor in 1988. In 1989, he died. His legal
representative is his younger brother aged 10 years in 1989. Limitation period for filing the
suit is three years. Recommend the time by which suit should be filed.(5 marks)

(b) State briefly the difference between Article 64 and 65 of the Limitation Act,
1963?(5 marks)

Q.5. State with reasons whether the following documents require compulsory or
optional registration: (2 marks each)

a) Power of Attorney.

b) Partnership deed.

c) Agreement to Sell.

d) Will.

e) Mortgage by way of conditional sale.

f) lease for a period of 11 months.

g) Lease for a period of 12 months.

h) Lease for a period of 1 year with the option to the tenant to renew it further.

i) Lease to a tenant till he keeps on paying the rent and whenever he wants to
terminate, he is to be give prior notice of two months to the Landlord.

j) Gift by a Muslim.

Q.6. (a) Who can present a document for registration under the Indian Registration
Act and from which date the title passes to the vendee?(5 marks)
 (b) Discuss the circumstances under which the Registering Officer can refuse to
register a document? What remedies are available to a person seeking registration in case
of refusal.(5marks)

(c) A lets out his house to B for residential purpose for a period of 5 years on
monthly rent and on such other terms as incorporated in the lease deed executed. Lease
deed was not registered. B refused to vacate the house after the expiry of lease deed. A
filed eviction petition against B relying upon the terms of the lease deed. B contended that
the lease deed being unregistered is not admissible in evidence as per section 49 of the
Indian Registration Act, 1908 and is also not enforceable. Decide whether the eviction suit
of A will succeed or fail?(10 marks)

Q.7. (a) A agreed to sell his house to B. An agreement to sell was executed to this
effect. In pursuance to the same, B entered into the possession of the house. Subsequently
some dispute arose between the parties and A filed a suit for recovery of possession of the
house from B on the ground of being the registered owner of the same. B defends his
possession under section 53-A of the Transfer of Property Act? A traverse this contention
on the ground that the agreement to sell is not registered. Decide?(10 marks)

(b) A money decree was passed on 30.7.1968. The Appellate Court affirmed it on
17.10.1969 and no stay was either applied or granted during the pendency of the appeal.
Execution application was filed on 30.4.1981. Judgment Debtor contended that it was
barred by time as the limitation prescribed for its execution by Art 136 of the Limitation
Act was twelve years from the date “ When the decree became enforceable” and in this
case the decree was enforceable from 30.7.1968. Decide with reasons whether the
application for execution was barred by time?.(10 marks)

(c ) Examine whether the following documents require compulsory registration.

(2 marks each)

a) Adoption deed.

b) Authority to adopt.

c) Adoption deed in which a clause is incorporated that the the adopter shall not
alienate his property and the entire property will be given to the adoptee.

d) A execute a sale document outside India on 2.1.1994. He came to India on 6.6.1994

and presented a document for registration. Would the Registrar accept the document.
e) A Lease deed is signed and executed on 4.7.1989. It is presented for registration on
6.11.1989. Can it be registered?

RESILIENCE JUDICIAL ACADEMY ( BY BALJINDER SINGH SRA)

SCO 140, SECTOR -24-D, CHANDIGARH

NDPS Act, Prevention of Corruption Act, SCST Act

TEST PAPER -1 ADJ - TIME : 3 HRS

ALL QUESTIONS ARE COMPULSORY

ATTEMPT IN SERIAL ORDER

Q1. When an empowered officer or a duly authorized officer, acting on prior information, is about to search a person
under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985:

(i) Is it imperative for him to inform the person concerned of his right under the Act?

(ii) Is it necessary for him to provide the information in writing?

(iii) Will failure to inform the person concerned would cause any prejudice to an accused?

(iv) Will the search made without information the person of right vitiate the trial?

(v) Will it render the recovery of the illicit suspect and vitiate the conviction and sentence of the accused where the
conviction has been recorded only on the basis of the possession of the illicit article recovered from his person?

(vi) Whether any illegality in the method, manner or initiation of a search would vitiate the evidence collected during
such search?

Q2. Explain “illicit traffic” in relation to Narcotic Drugs and Psychotropic Substances Act, 1985?

Q3. A, Police Officer received a secret information to the effect that B is bringing a huge consignment of Narcotic
Drugs. A reduced the information into writing and leaves for the disclosed place where B is nabbed with huge quantity
i.e. 10,000/- unlabeled tablets of manufactured drugs without any licence,. The Police Officer after completing the
necessary formalities take B to the Police Station where on interrogation he further disclosed that the consignment
belongs to C and he can further get certain more quantity of manufactured drugs recovered from the un-inhabitant and
dilapidated building allegedly belonging to C. Thereupon on the basis of disclosure statement, B gets 2500/- unlabeled
tablets of manufactured drugs recovered from the aforesaid premises. Consequently C is also arrested and is being
prosecutor for the offence U/s 25 and 29 of the NDPS Act. The report of the chemical examiner is to the effect that the
sample of the tablets contain Destropropoxyphene Hydrochloride in which the average quantity of dextropropoxphene
is 64.9 mgs. Per tablet. Decide the criminal liability of the accused?

Q4. That on 15.08.2011, Police Officer i.e. ASI Surinder Kumar alongwith his fellow Police Official were
patrolling in a Official vehicle near village Dadu Majra, where the spotted an accused coming on a Katcha
Pakdandi(Path) from the side of the village to the main road and on seeing the Police Party he got nervous and had
thrown some polyethene bag in the bushes. Accused was apprehended by the Police Party and the substance collected
from the bushes was found to contain a white colour intoxicant powder. The sample of the same was sent to the FSL
which reported that it contain 40.59% of diacetylmorphine(herion). The accused is being prosecuted U/s 21 of the
NDPS Act. Defend the case of the accused in the light of the provisions of the NDPS Act?

Q4. How far the right of the accused to compulsory bail U/s 167 of the Cr.P.C. on account of non-furnishing of the
final report is displaced by the special provisions of the NDPS Act. What are the limitations on the court to grant bail
for the offences under the NDSP Act?

Q5. What are the conditions under which search of person shall be conducted under the NDPS Act? Discuss in the
light of latest case law?

Q6. What are the circumstances in which a Session Judge can grant anticipatory bail for the offences under the SC
and ST Act?

Q7. A, a member of schedule caste had gone to the office of B, who is running a finance company to seek a loan. B
demanded the payment of the installments of the earlier loan taken by A from B, whereupon altercation took place
between them and B abused A in the name of his caste. Consequently A files a complaint against B U/s 3 of the SC
and ST Act. Decide?

Q8. Decide the liability of the accused under the Prevention of Corruption Act in the following situations:-

A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a title for Z
and thus induces Z to give A money as a reward for this service.
A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty
rupees a month, the house being such that, if the bargain were made in good faith, A would be required to pay two
hundred rupees a month. A has obtained a valuable thing from Z without adequate consideration.

(b) A, a Judge, buys of Z who has a case pending in A’s Court, Government promissory notes at a discount, when
they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration?

Q9. What are the offences under the Prevention of Corruption Act wherein the burden of proof shifts on the
accused and there is presumption in respect of the commission of the offence in favour of the prosecution?

Q10. Whether the following persons are public servant within the ambit of the Prevention of Corruption Act 1988,
so as to be liable under the Act and also indicate the competent authority to grant the sanction for prosecution U/s 19 of
the Act.

a. Judge of Supreme Court

b. Judge of a High Court

c. Judge of a subordinate Court

d. Member of parliament

e. Member of legislative assembly

f. Prime Minister

g. Vice Chancellor and Lecturers of University

h. Managing Director of the Govt. Corporation

i. A Retired Professor who was called by the High Court to evaluate the answer sheet of the candidates of ADJ
examination
 RESILIENCE JUDICIAL ACADEMY ( BY BALJINDER SINGH SRA)

SCO 140, SECTOR -24-D, CHANDIGARH

Court Fee Act, Stamp Act, Land Acquisition Act, Motor Vehicle Act, Rent Act

TEST PAPER -1 ADJ - TIME : 3 HRS

ALL QUESTIONS ARE COMPULSORY

ATTEMPT IN SERIAL ORDER

Q1. What is the procedure for acquisition of land in case of urgency? In what circumstances enquiry under

Section 5-A of the Land Acquisition Act, 1894, can be dispensed with and how Section 6 of the Act is made

applicable thereafter.

Q2. Discuss the revisional jurisdiction of the High Court under the East Punjab Rent Restriction Act, 1949.

Q3. Who is a specified landlord? Explain the summary procedure to be followed for deciding the eviction

petition of the specified landlord.

Q4. Is the plaintiff free to value his suit falling U/s 7 para 4 of the court fees Act or the court can interfere

and direct the plaintiff to value his suit on the basis of objective standards. Discuss in the light of the case law.

Q5. What are the suits on which advolorem court fee is payable. Whether the decision as to the question of

valuation is final and binding between the parties.

Q6. A plaintiff after the completion of the pleadings and framing of the issues, opt for the alternate dispute

resolution U/s 89 of the CPC. The dispute is resoled through the ADR methods. The plaintiff files an application

for refund of the court fee which he has paid. Decide the application.

Q7. How the suit is valued for the purposes of court fee in the following suit and documents, Also court the

provision of the court fee Act,

a. Suit for declaration simplicitier

b. Suit for declaration and consequential relief

c. Money Suit

d. Suit for settlement of accounts

e. Suit for specific performance of a contract of sale

f. Suit for possession of a land paying revenue to the Govt.

g. Written statement

h. Bail-bound in criminal cases

Q8. Whether a insufficiently stamped document can be impounded by the collector when it is brought before

him for seeking his advise as to what the proper stamp duty U/s 33 of the Indian Stamp Act.
Q9. Can the admissibility of a document be questioned subsequently after the document has been admitted

in evidence on the ground of the document being un-stamped or insufficiently stamped. Discuss in the light of

case law.

Q10. What are the disability/consequences imposed by the Indian Stamp Act, in respect of un-stamped or

insufficiently stamp documents.

Q11. Discuss the ground of eviction available to the NRI landlord U/s 13-B of the East Punjab Urban Rent

restriction Act, 1949. Can a co-owner, who is a NRI, claim the benefit of aforesaid ground without getting the

property partition.

Q12. What do you understand by the term bona-fide need of landlord under the Rent Act. Whether the

subsequent events or developments be taken not of by the court for deciding the petition on the aforesaid

ground. Discuss in the light of case law.

Q13. The Rent Controller assess the provisional rent, interest and cost of the application and directed the

tenant to make the payment on or before 23 rd of September of 2011. On account of the un-precedented rain and

flood in the area, the tenant could not deposit the same in time and move than application for extension of the

time period decide the application.

Q14. Discuss the ground of change of user under the Rent Act. Whether the change should be detrimental to

the tenanted premises in order to avail the ground.

Q15. How for the maxi “Res Ipsa Loquitor” is applicable for deciding the claims under the Motor Vehicle

Act .

Q16. Discuss the concept of contributory and composite negligence under the Motor Vehicle Act.

Q17. Discuss the liability of insurer towards driver, pillion rider or gratuitous occupant in a private car

under the Act policy (policy taken out in accordance with 147 of the Act) under the Motor Vehicle Act.

Q18. What is the different between no for liability U/s 140 and Section 163-A of the Act. Whether the

claimant in claim under both the provisions of the Act.

Q19. What are the defences available to the insurer under the Motor Vehicle Act. What are the guidelines laid

down by the court in Sarla Verma case with inspect to the assessment of the compensation under the Motor

Vehicle Act.

Q20. What are the major changes brought about in the procedural law by the 163 report of the law

commission. Whether it has produce the desired result in practice.

Q21. What are the major changes brought in Criminal Procedure Court on the recommendation of the law

commission from the year 2006 to 2011.