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HI0 2 111111
(7) English version ofthe question shall be authentic in case ofany type ofambiguity.
~~~~, *miR*d*.

(8) All questions can be attempted only in one language either in English or in Manathi
as per the option given in the application form.
~ ~ . ) & * ~ ? E f ~ 3 a ? *
*.
(9) Candidates are expected to answer all the subquestions of a question together. If
subquestion of a question is attempted elsewhere (after leaving a few pages or after
attempting another question) the later subquestion shall be overlooked.
~ * ~ ~ 3 a ? m ~ * .
~ ( ~ @ ~ m 5 1 ; ; 7 a m ~ ~ ~ ~ , p m

1. Write a judgement on the basis of the facts and evidence given below :
While writing judgement :
( a ) Judgement should be written as required by the provisions of the Code of Civil
Procedure.
( b ) Frame proper issues and give findings.
( c ) Facts and evidence given here may not be complete. Consider missing details
by imagination.
(dl Give legal, logical and appropriate reasons for your findings.
( e ) Conclude the judgement with appropriate operative order.

(a).-wmm#*-@dm.
(q) h ~ r n ~ B ~ ~ M ~ .
( ) ~ ~ * g c r m q f * J r i l ; i r f t . ~ ~ ~
mfram.
(3) g m ~ y d * , ~ ~ ~ ~ ~ .
(3) =wifM%mMhditJiRmfan.
Facts f o r writing Judgement :
,Plaintiff's Case :
Plaintiff Mira instituted RCS no. 172 of 1987 against Gopal in the Court of
Civil Judge J.D. Nagpur praying for a declaration of her title in the suit property
and also for recovery of possession thereof. She claimed to have purchased the
same vide registered sale deed dated 26/6/1982 for the consideration o f t 35,000
from the sons of Rahim, the original owner. She was registered as registered
owner in municipal records of the suit property. She averted that a t the time of
sale, defendant Gopal was in possession of the suit property as tenant. Gopal did
neither accept her as his landlord nor paid the rent when demand was raised.
Defendant's Case :
The defendant in his written statement, while reiterating that Rahim was
the owner of the suit property stoutly denied the transaction of sale by his sons
in favour of the plaintiff. Defendant Gopal claimed to be in occupation thereof on
the strength of an agreement of for sale executed between him and the original
owner Rahim. He contended that vendors of the plaintiff had no subsisting title
in the suit property to convey to her. He claims that Rahim executed Registered
Agreement for sale on 201511975 and he had by installments in all paid t 26,000
by 12/4/1976 which formed major part of the price. He claims to have paid
municipal tax of suit property since he is in possession. He also contended that
inspite of repeated insistences, the original owner did not execute the sale deed
and after his death his sons also avoided to do so.
Evidence :
PW1 Subhash, the husband of the plaintiff in his testimony has stated that a t
the time of puichase, when he enquired about the possession of the defendant over
suit property, his vendors told him that the defendark was in occupation of the
premises as a tenant. The witness categorically denied about his knowledge of such
agreement for sale at the time of purchase.
PW2 Sultan, one of the sons of the original owner on oath a h e d the
execution of the sale deed dated 26/6/1982 in favour of the plaintiff for a
consideration of f 35,000. Though, this witness admitted the agreement for sale
between the defendant and his father, he mentioned that on inquiry, his father has
told him that the agreement has lapsed as the purchase was not made within time.
This witness has categorically stated that he did not disclose about the agreement
for sale to the plaintiff and instead had disclosed to her husband that defendant was
only a tenant in possession of the suit property.
As against this, the defendant amongst others sought to rely on his testimony
to the effect that he had always been ready and willing to perform the contract and
also in the reply to the notice sent by the vendors of the plaintiff conveying him
cancellation of agreement for sale he reiterated his readiness and willingness to get
the sale deed, on the basis of the agreement for sale executed. He claimed that he
cannot be dispossessed suit property - House no. 44, Ravinagar, Nagpur.

P.T.O.
HlO 4 111111
=4mR&mhaap:

rftrr f@ h RCS no. 172, 1987 T3 W, ?ft amFfil Tl'FF5

* * * w 3 ~ ~ ~ r n h , s r r s m o f t m d t ~ ~ , * ~
*, WlT* *. Fd 4 %, mglFmm f8l 26/6/1982
a~ea?&mck r 3 5 , o o o a ~ m T I h p m i f t r l * ~ % M .
g l F m m % M ~ * T 3 * ~ ~ r n M . *
!&Tr&?*mmTIhm~w**&-m-
m23m*.
2. Answer any two of the following subquestions :
(a) Define the "rule against perpetuity" under the Transfer of Property Act.
Enumerate the exceptions to this rule.
(b) Define "transfer of property". "Transferability is the most inherent quality of
property" state the exceptions to this rule.
(c) Explain right of the mortgagor to redeem. Who can exercise this right apart
from the mortgagor ?

wr&aM3M*msm*:
(37) " ? n ¶ a a l m ~ ~ m ~ m ~
mwrwm*,af;.m.
) ' m M a f t * . ~ m - * r i t m ~ p *
mmmmwrwm*,?l~.
(a)m v m d % w w d & m w r * ? q m m f $ m $ & m i ; m h
mmm&Tr?r?

P.T.O.
3. Answer any two of the following subquestions :

(a) In what circumstances the court may grant and may refuse temporary
injunction ? What are the consequences of disobedience of injunction order ?
(b) What is the procedure given in the Code of Civil Procedure for production,
impounding and return of documents ?
(c) What is the procedure followed for attachment of movable property under the
execution proceeding ?

4. Answer any two of the following subquestions :

(a) What is void agreement ? Explain the various instances of void agreement
given in the Indian Contract Act.
(b) Explain the provisions regarding time and place of performance of contract
under the Indian Contract Act.

(c) What are the consequences of breach of contract under the Indian Contract
Act ?

(a;) ~ ~ r n ~ W * m ?
 HlO
6. Answer any two of the following subquestions :
(a) What is the liability of a person in possession of property of which he is not the
owner under the Specific Relief Act ? Fortify your answer with suitable
illustrations.
(b) What is a declaratory decree ? State the general principles on which the court
grants such decree and explain effect of such decree.
(c) T h e jurisdiction to decree specific performance is discretionary." Explain.
Which reliefs may be granted in a suit for specific performance in addition to or
in substitution of such performance ?
7mfm%f3M*mJat*:
(3)r n * , ~ ~ r n ~ ~ ~
w.
(is) m m 3 i w h ~ ~ m ? m
n s r d l m m m 3 i w t o r i t ~ Z m , ? f t ~ ~ ~ d * h .
(*) " ~ ~ ~
w $ . " m w . ~ ~ s m n f t ~ ~ r r m m ~ m s m n f t ~ f 8
smnftwMm*Ji?
6. Write short notes on any four of the following :
(a) Define goods, existing goods and future goods.
(b) What are the implied conditions as to quality and fitness under the Sales of
Goods Act ?
(c) Requirements for auction sale of goods under the Sales of Goods Act.
(d) What are the modes of determining partnership in the Indian Partnership A d ?
(e) Implied authority of partner as agent of the'firm as described in the Indian
Partnership Act.
(0 Provisions for retirement of partner in the Indian Partnership Act.
(7) English version of the question shall be authentic in case of any type of ambiguity.
~ ~ * m , ~ ~ * ~ J l f i ; r

(8) All questions w n be attempted only i n one language either in Rnglieh or i n M a m t h i

as per the option given i n the application form.
~ * R F ) F m ~ ~ ~ d ~ ~ V I
*.
(9) Cadidotes are expected to answer all the subquestions of a question together. If
subquestion of a question is attempted elsewhere (rfter leaving a few pages or crfter
attempting another question) the later subquestion shall be overlooked.

1. Discuss the constitution and powers of various criminal courts constituted under the
Code of Criminal Procedure, 1973. 10

2. Write notes (any two) : 10

(a) Bar to take cognizance of certain offence &r lapse of the period of limitations
(b) Security for good behaviour from habitual offenders
(c) When fact not otherwise relevant becomes relevant
(dl Stoppage of summons case
111111 3 I10
3. Discuss critically the exceptions enumerated to Section 300 of the Indian
Penal Code. 10
~ ~ ~ ~ ~ 3 0 0 ~ W W K ~ s d l T T Z ~
--

4. Write difference between (any four) : 10

(a) Bail and Anticipatory Bail
(b) Discharge and Acquittal
(c) Police custody and Magisterial custody
(d) Dowry death and Harassment of a woman by husband or his relatives for
illegal demands
(e) Forgery and Making of false document
(fl Criminal trespass and House trespass

5. Discuss law of hearsay evidence and also explain the rationale behind
exclusion of hearsay evidence. 10

6. (a) . Discuss limitation or jurisdiction of civil courts under the Protection of Civil
Rights Act, 1955. 5
(b) Define 'Economic boycott' under the SC and ST (Prevention 'of Atrocities) Act,
1989. 5

P.T.O.
7. Write short notes (on any four) :
(a) Electronic Records
(b). Cross Examination of a Witness
(c) Refreshing Memory
(d) Judge's Power under Section 165 of the Indian Evidence Act
(e) Impeaching Credit of Witness
(0 Who May Testify

8. Discuss critically the maxim "actus non facit mum, nisi mens sit rean. How
far is this maxim reflected in the Indian Penal Code ? 10

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

(a) Cow Slaughter Ban
(b) Digital India
(c) Demonetisation
~~~~~~:
10. Writejudgement on the following facts :

A and B were friends. They were having fun in the house of k

Suddenly a quarrel occurred between the two. A assaulted B with a stick on
his leg resulting into fracture injury. A assaulted B in the presence of his
parents C and D. B went to a hospital and got treatment. Doctor E issued
injury certificate showing fracture in right leg.

During trial, B supported prosecution version. However, parents of A

i.e.. C and D turned hostile. Injury certificate was prwed through the Doctor.
He also deposed that B was admitted in the hospital with history of assault.
B identified the stick by which he was assaulted. There is no independent eye
witness to the incident. A took a plea that B himself fell down while running.
A also said that he h i admitted B in the hospital and argued that had he
assaulted B, he would not have admitted B in the hospital.
(7) Englinh version of the question s h l l be authentic in case of any type of ambiguity.
~ ~ A ~ ~ ~ , $ h ? & * ~ * .
(8) All questions can be attempted only in one langwge either in Englinh or in Marathi
as per the option given in the application fonn.
3 d m + ~ m = 7 7 ~ d ~ ~ $ h ? ~ l m d t m d i f
w *.
(9) Candidates are expected to answer all the subquestiom of a question together. If
subquestion of a question is attempted elsewhere ( a k r leaving a few pages or after
attempting another question) the later subquestion shall be overlooked.
3dm+*??wa?3~Jrrtm~*.-VrmTiffiwm~
a p ~ ( z m 4 @ * m ~ m ~ * m . - ? p m *
**.
1. Write a Judgement on the basis of the facts narrated below :
While writing Judgement :
(a) adhere to the contents of Judgement as required under the Code of Civil
Procedure.
(b) frame and answer the issues properly.
(c) wherever necessary, 6U up the details from your imagination.
(d) give legal, logical and proper reasons for your findings.
(e) conclude the Judgement with a proper operative order.
Facts :
Suit Properties : Gat No. 817,820and 828
Situated at Village Bhada,
Tal. Ausa, District Latur

Facts for the Judgement

Plaintiff's Case :

One Ashok Am01 Desai was the owner of the suit properties. On 1.10.2004,he
entered into an agreement of sale of the suit properties with plaintiff Ram Lalit
Mane; for the total consideration of T 4,00,000.On the date of the agreement the
plaintiff gave P 1,00,000to Ashok Desai towards earnest money. It was agreed
that Ashok Desai would obtain requisite permission of the authorities for sale of
the suit properties and thereafbr within one month the sale-deed would be
executed on payment of balance consideration. Ashok died on 11.10.2006.The
plaintiff approached the son of Ashok Desai, namely, Arvind in January 2008.
Arvind denied the transaction. Plaintiff issued a legal notice dt 30.9.2010.Arvind
did not respond to the notice. Hence Ram filed a suit for specific performance of
contract and alternatively for refund of earnest money.

Defendant's caee :

Defendant denied the transaction and took the defence that the plaintiff had
fkaudulently took the signature of his father on blank paper as the father of the
defendant was in need of money and therefore obtained a loan of T 1,00,000from
the plaintiff.

Evidence :

Take by imagination, based on pleadings.

P.T.O.
2. Answer b y two of the following sub-questions :

(a) What is decree ? Explain the difference between Preliminary decree and Final
decree. Whether a preliminary decree can be executed ?

(b) Explain the difference between Section 5 and Section 6 of the Specific Relief
Act, 1963.

(c) When is a suit for Declaration, Possession and Injunction required to be filed ?
When is a suit for Possession and Iqjunction required to be fled ?

(a) ~ ~ m ? m i f 4 z i i ~ ~ ~ s i f t m ~ m f h m
rn
7pTiwFdt 5i~vI4~llcldft m?
(9) m e d%W, 1963WW5qm6mfhVTSWZWT.
(T) ~ , w G l l ~ ~ w z f i f t m w f w m r n M ? w G l l ~ 9 ; l l f z f i f t m w f ~
m m M ?

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

(a) Vested and Contingent interest
(b) Transfer by one &owner
(c) Marshalling Securities
(d) Difference between courts of limited jurisdiction and courts of unlimited
jurisdiction
(e) Cause of action and when it can be said that a cause of action arose partly
(0 Necessary and Proper parties

Tmfm+RMan=4T-ciif4fa*em:
(a) rnq*fm+
(9) w-Frimor

(5) ~ ~ ~ a
(3 w m , ~ d % m * % a l w m ~ : *
(u) ~ ~ z i t r q w m

P.T.O.
4. Answer any two of the following sub-questions :
(a) Explain the need for temporary injunction to create third party interest in
suits for specific performance of contract vis-&vis provision of lis-pendence in
Transfer of Property Act,1882.
(b) Under what circumstances specific performance of contract cannot be
enforced ?
(c) What is part performance of contract with reference to specific performance of
contract ?

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

(a) Define consent. When is consent said to be free ?
(b) What is the importance of consideration under Contract Act,1872 ?
(c) Define Contract of Guarantee and Continuing Guarantee.
(d) Explain the difference between Pledge and Mortgage.
(e) Explain the concept of fiduciary relationship between Principal and Agent.
8. Answer any two of the following sub-questions :

(a) Explain the different modes of service of summons under the Code of Civil
Procedure, 1908.

(b) Explain the difference between exparte decree and exparte order. What are the
grounds to set aside exparte decree ?

(c) What is the principle of res-judicata and constructive res-judicata ? Explain the
difference between res-judicata and Order 2 Rule 2 of the Code of Civil
Procedure, 1908.

(d) Explain the difference between Preliminary issue under Section 9-A and
Order 14 Rule 2 of the CPC.
 PAPER 11
3w-n
Indian Penal Code, Evidence Act, Code of Crimiaal Procedure+
SC & ST (Revention of Atrocities) &t, 1989 and Proteetion of Civil Rlghts Act, 1966, -

Essay on Current Legd Topic

+ f h f h F l ~ , ~ ~ , ~ ~ ~
~ * ~ ( ~ a k ~
lsss*J)
hbFmak*
fM%$u**,
, IS&,
* ~ ~ M
Time :3 Hours Max Marks :100
&3:3 mu pr: 100

Note :
m:
1 Questions No. 9 and 10 are compulsory.
m i m i 4 7 9 TlO &hl?f&.

(2) Answer any s i r from the remaining questions.

***?lvm~.
(3) Marks to each question are indicated by a &re in the margin on the right hand side.
x v W l h k m ~ & & p r ~ .
(4) Wherever option has been given only the required number of responses in the serial
order attempted shall be assessed. Excess responses shull be ignored.
~ ~ * ~ a p T ~ ~ ~ d * j v
3i+mavlua?mT**-*3i+avlua?m*.
(5) Do not reproduce any question. Write only questwn's number against the answer.
3my%dmw@*. mapT&qrmmrn.
(6) "Other than cited cases, candidate should not write roll number, any names (including
their own), signature, address or any indication of their identity anywhere inside the
answer book otherwise he will be penalised."
" d ~ ~ ~ ~ ~ m y ~
~:+rn~;na,@,mrlTkrnM*tont*qrmd.md
M TIT*.."

P.T.O.
(7) English version of the question shall be authentic in case of any type of ambiguity.
*A-**,+l?**&*.
(8) All questions can be attempted only in one language either in English or in Marathi
as per the option given in the application form.
J%vRi=7~RF7F7T~~~&+l?mmmdiftm
m *.
(9) Candidates are expected to answer all the subquestions of a question together. If
subquestion of a question is attempted elsewhere (after leaving a few pages or after
attempting another question) the later subquestion shall be overlooked.
~ * ~ ~ &
apw(m$*==m*k,-,p-m
h *.

1. What is meant by burden of proof? On whom does it lie ? Does the burden of proof
shift ? 10

2. Write short notes (any two) :

(a) Document

(b) Hostile witness

(c) Fks gestae

(d) Secondary evidence

3. Explain in detail the provisions regarding criminal conspiracy.
~ d ~ i z a q $ ~ ~ m .

4. Write difference between (any b u r ) :

(a) Bailable offence and Non-bailable offence
(b) Common intention and Common object
(c) Inquiry and Investigation
(d) Admission and Confession
(e) Complaint and FIR
(D Bigamy and Adultery

(a) -**-*
(T) mi&*mm
(5) +Qft m *

5. Explain the provisions relating to hurt and grievous hurt. 10

6. Define and explain the following : 10

(a) 'Place of Public Entertainment' under Protection of Civil Rights Act
(b) Atrocity

P.T.O.
I. Write notes (on any four) :
(a) Valuable Security
(b) Wrongful gain and Wrongful loss
(c) Injury
(d) Good faith
(e) Theft
(0 Extortion

8. Discuss in detail the provisions relating to unlawful assembly.

aw&fRm*m?affMmm.

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

(a) Whether capital punishment should be abolished ?
(b) Whether defamation should be decriminalised ?
(c) Whether juvenile offenders should be treated as adults in case of heinous
crimes ?
10. Write judgement on the following facts : 20

There was a quarrel between A and B. C, B's brother, went to A's

house to know the cause of the quarrel. A twisted C's right hand forcefully
resulting in dislocation of C's shoulder. B is an eye witness to the incident.

It was argued on behalf of the prosecution that it has proved its case
beyond reasonable doubt. It was argued on.behalf of the accused that there
was enmity between A and C. B's testimony cannot be relied upon as he is a
related witness and no independent witness was examined.
(8) All the questionc.should be attempted in one and the same language either in English or in
Marathi.

(9) Candidates are expected to answer all the sub-questions of a question together. li sub-question
of a question is attempted elsewhere (after leaving a few pages or after attempting another
question) the later sub-question shall be overlooked.

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

&7~**--rn:
While writing Judgement :

(a) adhere to the contents of Judgement as required under the Code of Civil Procedure.

(b) frame and answer the issues properly.

(c) whenever necessary, fill up the details from your imagination.

(d) give legal, logical and proper reasons for your findings.

(e) conclude the Judgement with a proper Operative Order.

e r - :
(a)m m m e i t 3 r f i + a * m m .
(q) *3*rn3ThM*iif-Jiitrn.

( 5 ) ?4wnT@mgvm .hc.lcll~l.mig,tlliTlTd-@
m.
(3)~ m ~ e f ~ , ~ ~ ~ 4

(3) hiiif&m-km.
 Averments in the Plaint
Plaintiff and Defendant No. 1 start business in partnership investing 1/2 share each in the
capital of the business. Defendant No. 2 is the brother of Defendant No. 1. He pves his premises
for running the business without charging any rent. Subsequently Defendant No. 1retires and his
minor son is accepted as partner. After some period, plaintiff files a suit for dissolution of partnership
firm claiming half share in capital and profit and requesting the court for settlement of accounts.

Averments in the written statement

Defendants request for dismissal of the suit on following the grounds :
(1) As partnership Firm is not registered, suit itself is not tenable.
(2) Plaintiff alone cannot take a decision of dissolution of partnership. Defendants want
to continue with the business.
(3) Plaintiff does not have half the share in capital and profit. Defendant No. 2 is also a
1rd
silent partner and entitled to - share as the partnership premises belong to him.
3
(4) As the son of Defendant No. 1a is minor a suit is not tenable against him and his share
cannot be liable for the loss, if any, in the business.

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

av%?-%$M*39-*dk:

--
(a) Discuss the statement "Exclusion of Civil Court's jurisdiction is not to be readily
inferred".

(b) Discuss in detail provisions relating to execution of money decree from garnishee.

( wm?-1 %IT+-TI 3 i ~ e w 1 c l u TW
f Gl am4 mf m.
(c) "If one suit is disposed of, second suit in respect of the same property between the same
parties cannot be tenable". Discuss this statement.

(x)"y5m ~ T mCTr+R rn mm %*eit gRrq4-I m-

m?Tm3". -qf+Tma 4m.
--- -- - -- ---- -- - -- - --

3. Write short notes on any four ot the following :

*G*$m*orFafimfm:
(a) Sults by or against corporations

( 3 )mis& &-&M9
r~- -q3

(b) Rights and liabilities of mortgagee

(c) Execution of decree for specific performance of contract

(x)m ~ - c h i ~ $ * m b - 3 i s m
(d) Performance of Reciprocal I'i.ornises

(e) Suit-for possession of immovable property based 011 previous possession

4. Answer any two of the following sub-questions
**rn*39--hdrn:
(a) Discuss the relevant provisions of Injunction under the code of Civil Procedure and
Injuction under the Specific Relief Act.
(37) Tdmmm*fmm4mh*~~*~d
m.
(b) Elaborate the correctness of the statement, "lease and licence are two different
transactions".
(q) 4 4 . ~ ~ q m msrfa
'~ ~-rnm
md~ ~ ~
m.
(c) Discuss under which circumstances specific performance cannot be granted ?
(a;) *;rrd*mm*m;-f.rri*mdm.

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

TTdT%f3-*39-Mdm:
(a) Discuss the tern~s'Ostensible owner and Fradulent owner'.
( 3 )' m m ' * ' ~ F m 1 4 1 * m - d m .
(b) Discuss whether the powers of the Court Commissioner and the Court Receiver are
the same or different ?
(q) ~ ~ ~
d m.
(c) "Once goods are sold, the seller ceases to have any rights and liabilities". Discuss the
statement.
( 8 )" ~ T @ ~ % ? ~ $ T % ~
~h'W
~ 77
H? d-W l~
. ~ ~ .

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

mM*m-h3fitM:
(a) Discuss the statement, "Once the trial starts, amendment in pleadings cannot be
permitted".
( 3 )" y + n r = w n ~ q m m m w 6 - ~ ~ r n ~ ~ / ~ m
*". 'EsrhMdm.
(b) Discuss "onerous gifts" and "universal donee".
(;iJ) "urn w" m "*
ml' 4iaf Td m.
Discuss provisions relating to cancellation of instruments.
(c)
( 8 )m-7;?iWd4;11.
(d) Free Conseni
(3)7 3md
--

-000-
(7) English version of the question shall be held to be authentic in case of any ambiguity.
(\a) m ~ l c h r i a l ~ ~ & ~ ~ w , @ d & ~ d * .

(8) All the questions should be attempted in one and the same language either in English or in
Marathi.
( -drEau;rijt;iiit@hmrdt*~morr;mf*l*d.

(9) Candidates are expected to answer all the sub questions of a question together. If sub question
of a question is attempted elsewhere (after leaving a few pages or after attempting another
question) the later sub question shall be overlooked.
( 9 ) 347RRd*--3iitm-*. wnaTwm*qp
~(***a[3m~m;r~~)--!y7J37~mh*.

1. Explain the difference between a warrant trial and a summons trial.

* 3 7 r h m ~ * $ s * m ~ w .

Write short notes on any two :

*Fa-@* *Tifmfimm:
(a) Facts of which a court must take a judicial notice.
(37) ~ ~ * m ~ ~ m i l 4 .
(b) Difference between an admission and a confession.
(q) *&*Ttikm-m.

(c) Impeaching credit of a witness.

(x)w m - * M .
(d) Competency of an accomplice to testify and precaution to be taken while 5
appreciating his evidence.
(3)~ r n ~ i ~ [ ~ ~ ~ r n ~ m f l ~ ~

3. Explain in detail the right of private defence with special reference to the instances 10
when it extends to causing death.
~ m ~ c y r F b l m : ~ s s f Q T i f ~ ~ ~ m
4. Write the difference between any four :
m* (-am):
(a) Common Intention and Common Object
(4)m ~mfQmm
(b) Theft and Extortion
*mfl
(c) Preparation to commit dacoity and assembling for the purpose of dacoity 2l/2
( 5 )- . ; i t s r ~ ~ ? ~ ~ ~ w m 3
(d) Wrongful Restraint and Wrongful Confinement
(3)*w9**mel

5.
(e)
($1 wm=i
(f)
(a;) dTVh-3
*
-
Kidnapping and Abduction
3TG-w

Criminal trespass and House trespass

wFJr?Jt!--
Explain with illustrations when the charges can be joined ?
~-.Fidrsr;r~f;eifm~*-mm.

6. Answer any two :

i3hmRw;iiitm:
(a) What is the use of the diary to be maintained by an investigating officer during 5
trial ?
(37) *~M-m~m-Mm*m?
(b) When unlawful compulsory labour constitutes 'untouchability' ? 5
(q) & e m d l m m ~ d * ' a ~ ' r n * d * d ?
(c) What are the presumptions as to the offences under the Scheduled Castes and 5
the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ?
(T) -3 WTd? (3FWWJT m~) 3$-, 1989 Wh3
Ma$mm3m?
(d) When police may arrest without warrant ?
(3)* r n r n h m m m ?

7. Write a detailed note on presumptions of facts and law with reference to their effect. 10
aezr~w6Smm~@mbmmwfQ+mf&+mk~~~~~.

P.T.O.
8. Write short notes (any two) :
#rnrnrn(M*) :
(a) Stoppage of summons case trial
(4)m m d
(b) Closure report of a case
(q) m*m
(c)
(-6;)

(d)
m *
Levy of fine

Further investigation by investigation officer

(3)\ *3TfmmNmrn
9. Write an essay on any one topic (800 words) : 20
*&ym mke~m
( c o o m ):
(a) Increasing participation of children in sexual offences - a challenge.
(a)&meTm$*mm-wm.
(b) Collegium system of appointment of Judges Versus Judges Appointment
(:ommission.
(q) wFj3+Td--mm~T~m.
(c) Witness protection - a challenge to judicial administration.
( 8 )~ ~ ' f i i ~ - ~ 9 T W T ~ ~ ~ ~ .

10. Write a judgement on the following facts :

&vP;9iweTiS-m:
A & R are ferry operators doing their business across the same creek. One night
'A' carries the boat of 'B' to the otherside of the creek clandestinely and leaves it there
duly anchored. On the complaint of 'B' police carryout investigation. 'A' is arrested
and chargesheeted in the court of JMFC Alibag. Boat is found intact and is seized
during investigation.
1)uring trial enough reliable evidence is led to attribute authorship of the incident
to 'A'.
Asstt. Govt. IJrosecutor argues that theft by 'A' is duly established. According to
the defence that 'A' had not retained the boat which is intact and there was no gain to
him. Alternatively A claimed benefit of the probation of offenders Act.
 2008
PAPER-I
Civil Procedure Code, Transfer of Property Act, Specific Relief Act,
Law of Contracts, Sale of Goods Act and Partnership Act

Time : 3 Hours Max. Marks :100

N.B. : (1) All qltestioris 17l.e compulsor?/.
( 2 ) Qiri,stion No.1 carries 2 0 rtiilrks. All other qiiestinrls L-nrry equal marks
i c . I h rrlnrks encli.
(3) Yriiir cinsrr)ers irilist hi, ti? the point nnd ru1zerer't.r possible quoting tlie specific
prcir~isions 01Inro r ~ i l ibe nppreciated.
(4) Do izot rrprt?iirice nily qlicstion. Write ilrll,t/ question's r?uir~beragainst tlle ansroer.
(5) "Other t1111iicited cnses, i.nrl,liilnte should not n ~ r i t eroll number, n n y nnirres
( i n r l i i d i n ~tlleir orlw), sigiintrlre, nddrcss 01. nrly indicntinn 01tlzeir i/ltztltity
1711!17~11eri~ i~i.<iilc,t11121 7 1 1 ~ ? 1 ~ ~ !IOCJI;
,1~ otl~erri~isi~
lie z~lillbe pe~inliseil".

1. Draft one judgmcnt out of the 2 (two) sets on the following facts .
Frame proper issues arising out of stated plcadings.
Adhere to contents of judgment required under the Code of Civil Procedure.
Wherever it is necessary you may exercise discretion in filling up details, while
appreciating evidence, which ordinarily one conies across during trial of a civil
suit.
Give logical, legal and proper redsons in support of your findings and conclude
the judgment with a proper order.

Averments in Plaint

The plaintiff - ABC agreed to purchase a residential plot city survey no. 123
adnieasuring 1500 sq.ft situated at Thane, from the defendant - XYZ, for a valuable
consideration of Rs. 5,00,000/- (Rupees Five Lacs only), as per the agreement of sale
executed on 10.6.2003 at Thane. The plaintiff paid an amount of Rs. 2,00,000/- (Rupees
Two Lacs only) as earnest and the sale deed was agreed to be executed within a period
of one year, after the defendant cleared the encumbrance on the suit plot. The remaining
amount of consideration was agreed to be paid by the plaintiff at the time of the
execution of the sale decd, when the defendant had agreed to deliver clear and vacant
possession of the suit plot to the plaintiff.
 As the clefendant failed to execute the sale deed as agreed, the plaintiff issued a
notice to the defendant on 15.6.2004calling upon him to execute the sale deed. As the
clefendant failed to comply, the plaintiff filed a civil suit against the defendant, in the
court of Civil Judge Sr. Dvn. Thane, for specific performance of the contract. According
to plaintiff he was ready and willing to perform his part of the contract but the
defendant failed. The plaintiff praved for a direction to execute the sale deed and
delivery of vacant possession alongwith costs etc.

Avermentsin the written statement

The defendant resisted the claim. He contendecl that the plaintiff is a money
lender doing illegal money lending business without a licence. He is charging eshorbitant
interest. The defendant was in nred of monev. Defendant had obtained Rs. 1,00,000/
- as loan from the plaintiff. On the insistence of plaintiff the agreement of sale was
executed as a security for the amount advanced. Inflated amount was shown as earnest.
The amount with intrrest is returned to the plaintiff, when he agreed to destroy the
document. The plaintiff is taking undue advantage of the same.
'The alleged ~greementis 1101 on proper stamp paper and it is not registered. The
suit be dismissecl for these 1.e~1sons.

Averments in the plaint

The plaintiff - ABC Bank advanced a loan of Rs. 10,00,000/- (Rupees Ten Lacs
only) to the defendant no. I - X, who is an agriculturist. The loan is granted for purchase
of a tractor and a trolley. Ilefendent no. 2 - Y and Defendant no. 3 - 7. are the guarantors
for the loan.
The defendant no. I executed a loan agreement and a dred of hypothecation of
the tractor in favour of the bank. The defendant nos. 2 and 3 executed a deed of
guarantee.
The loan carried interest rate of 10% p.a. and was repayable in equated monthly
instalments, ovrr a period of 36 months.
As the defendant no. I defaulted the instalment in the second year, the plaintiff
issued a notice on 25.12.2008 recalling the loan. The d r f e n d ~ n t swere called upon to
pay the entire outstanding amount alongwith interest and notice charges within a
month. The loan was granted on 25.11.2006. The defendants failed to comply. Hence
the plaintiff filed a suit in the court of Civil Judge Sr. Dvn Nashik for recovery of the
loan alongwith interest and costs etc.
 Averments in the written statement

The defendant no. 1 claimed that the Branch Manager of the plaintiff has no
authority to file the suit. There is no conscious execution of the documents. The plaintiff
obtained signatures on some forms, without explaining the contents. The terms were
never agreed to. The loan has not become ovcrduc as it was payable in three years.
The defendant nos. 2 and 3 claimed that they have not obtained any money as
such the agreement is without any consideration, hence void. The defendants are not
jointly or severally liable. Thus the suit be dismissed with costs.

2. Discuss any four of the following :

(a) The consequences of breach of contract.

(b) Nature anil extent of an agent's authority.

(c) Novatlon of conh.act. Conditions to be satisfled before a party can claim novation
of contract.

(d) Specific performance of a part of contract and the circumstances in which it can
be granted.

(e) Difference between fraud and misrepresentation.

3. Write short notes on an11fotir of the following :

(a) Return of plaint and Rejection of plaint.

(b) Abatement of suit and setting aside abatement

(c) Powers of court in relation to Alternate Dispute resolution under the amended
pro\risions of the code oi Clvil Procedure 1908.
(d) Counter-claim and set off.
(e) Attachment before judgment.

4. Answer any four of the following :

(a) What is a n actionablc claim ? What are the condi~ionsto be satisfied for transfer
of an actionable claim ?

(b) What is o 'Ciit' ? What arc the conditions to be satisfied for a Valid Gift ? What
is the difference between a 'Gift' and 'Onerous Gift'.

(c) What is part perlurmance of a contract ? What are the conditions for claiming
protection under part performance ?

(d) What are the different modes of determination of a leaser under the Transfer of
Property Act 1882 ? What is holding over and its effect ?

(e) IIow lease of immovable property is created ? What is tenancy at sufference ?

P.T.O.
5. Answer any four of the following :
(a) What is a contract of sale by sample ? What are its implied conditions ?

(b) What is delivery of Goods ? What are the rules as to delivery under The Sale of
Goods Act 1930 ?

(c) What is a seller's lien ? What are the conditions where a seller's lien is terminated
under The Sale of Goods Act 1930 ?

(d) What is the doctrine of holding out under The Indian Partnership Act 1932 ?

(e) What is dissolution of a firm ? Enumerate in brief the different modes of dissolution
of a firm under the Indian Pdrtnrrship Act 1932.

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

(a) The consequences of disobedience or breach of injunction

(b) Prelirninarv and final decree.
(c) Suits by indigent persons.

(d) Suits by person dispossessed of immovable property, as provided for in Specific

lielicf ;\ct 1963.

(e) Provisions regarding introduction and retirement of a partner under the Indian
Partnership Act 1932.
 X - W I . F - C . C ~ ) &fjy\rn
~ ) -2~128

MNT

Sr. NO. 101405

2008
PAPER-I1
Indian Penal Code, Evidence Act,
Code of Criminal Procedure, Essay o n Current Legal Topic

Time : 3 Hours Max. Marks : 100

N.B.: (1) Nos 12 nnd 13 are romp~rlsory.
Q~r(~s1ioii
(2) A~rsrr-erany six fro111 the rernninirr~questions.
(.3) Mnrks to enclr qirestioi~arc indicated b y figure in the rnorgin on right hand
(4) Nii~iiherof optional qrrestion LIP to the pr2scribed nurnber in the order iiz which
q~iestionsIrnrle been solued, u ~ i l lonly b? a.iseised rind excess nnsroers of the
i1nfitiori/s iriill not be nssessml.
(5) "Otlirr t l ~ n ncited cases, cnndirinte slzouid not ?[:rite roll number, izny nnrnes
(inslliiii~rl:tlzeir ortin), signntrrre, nddress or. n n y indicntion of their identity
i1111~irdier.einside tile nnsrr>izr.buuk otlzerzoise lle roil1 he pennliseri".

1. Write short notes on m y &lo :

(a) Crimincil intimidation
(b) Stoppage oi proceeding
(cj Criminal conspiracy
(d) Examin'ltion of accuseci

2. [lisiuss the provisions rt,garciing framing of charge ; contents of charge, joinder of 10

charge and alteration of charge.

3. \Yliat is dor\.rl, death ? Explain thr presumption u / s 113-0 of Evidence Act, when it is 10
lo be invoktlLiancl what is its effect on burden of proof ?

4. C:\pldin the difference between direct and hearsay evidence, state under which 10
cil.cutnstances Iiearsay evidence is admissible and what are the reasons for the same ?

5. (a) MJ1>ois all accomplice ? How his evidence is to be assessed 7

(b) Explain tender of pardon.

6. Discuss the difference between cheating, criminal misappropriation and criminal breach 10
of trust.
MNT

7. Write-short notes on arty tzuo :

(a) Public and private documents.
(b) Estoppel.
(c) Mistake of fact.
(d) Provisions for maintenance of wife and children.

8. When police can arrest a person without warrant ? IIow the arrest is to be effected ? 10
What are the precautions / steps to be taken hv police officer, after arrest of a person 7

9. Write short notes on :

(a) Use of the statement recorded by police.
(b) Confession made before police and extra - judicial confession.

10. Discuss the three relevant facts. 10

11. (a) What is the criminal trrspass ? When it amounts to lurking house tress-pass and 10
house breaking ?
(b) State the difference between theft and extortion

12. Write an essav on ally oire of the following : 20

(a) Human trafficking.
(b) Use of Narco Analysis, Rrain-mapping and Lie Detector tesl in inyestiption.

13. Write a judgment on following lacts : 20

Specify proper points lor cletermination and give reasons for your conclusion on each
point for determination. Conclude (lie judgment by proper and final order. To the
extent i t is necessary to elaborate appreciation of oral and documentary evidence, you
are at liberty to fill in the leta ails in the case from your im,igination.

The prosecution c,lse is as under

Manish and Ncha were studying together in one college nt Punc. They fell in love
with each other and decided to get married. As both of them were belonginfi to different
caste, thev apprehended t h ~ their
t tamilivs will not ~1pprove. Hence, they decided to
run away. On 2/7/08, Nch,~leaves the house in the m o r ~ ~ i r on i g pretext of going to
college. She meets Manish at Swargate Bus Stand , ~ n dboth of them went in S.'f.Bus to
Satara. As Neha did not return to the house, her father made inquiry and from her
friends he came to knolv about her love affair with Manish. Fle locigeci complaint
against Manish. Police took the se.lrch and brought both hilanisli and Neha to Pune on
next dav. Both of them were referred lor medical e x ~ m i n ~ t i o nManish
. was arrested
and after completion of investigation, police filed charge-sheet against Mm~ish.

At thc trial Neha states her age as running 17 years and admits her love affair
with Manish. IHer fathcr states her age as running 16 vcars. lloctor states as per
ossification test her age is in between 15 to 17 y e x s .

Defence of Manlsh was that at the insistence of Netla, he eloped with her