é o& é << OS Ss CO f Full Marks : 100 ute: 100 o1 2014 LAW PAPER -I wea-aa - 1 Time : 3 Hours WAT: 3 We Question paper is divided into five Sections. Each Section has two questions of each 20 marks. Out of which candidates have to answer only one question compulsorily from each Section. wer va Ofer dara (aval) # feria & | wed Gus H 20 ote & at we 1 rv a ale aes & Perk war wer a Sen attra BaF B72) Marks ae SECTION - A ws - = 1. a) Define court which passed a decree and explain the provisions for transfer of decree for execution. 10 fA aaa SA ara =ararera AI afore Ba ge Prearer & fore Sah srr arava wart a ere Afi | b) What is doctrine of Res Judicata ? Under this doctrine when trial of the suit can be stayed by a court ? 10 a mare ar rai ae 8 ? ae fara Saga reer are are ae Fora sa TesT SITET ze ? P.T.O. DAC -BOAD01 2 TY Marks aa 2. While narrating the suitable provisions of the law, discuss thé effect of the following: (5x4=20) a) Where a necessary person is not made a party to the suit ? b) Where plaint is not presented in a proper court ? ©) Where on the date of hearing, the defendant only appears before the court ? 4) Where all the reliefs have not been claimed in one suit ? Faftr & gana sacl ar seater at Be Reafeiftan & sera aft Fader fa: a) b) ° d b) ° DAC- ‘ret srrerees safaer a are ar Ter eT ATT TAT, wet are ws are area H wege ae fear war &, aet Grand ft fair x daar wftardt rarer & are sales eter B, ‘wet wad are Fae args At ain ai Ht eA 8 SECTION -B wE-a “For every distinct offence of which any person is accused, there shall be a separate charge and every such charge shall be tried separately.” Explain and illustrate this rule. “Is a defective charge necessarily fatal to conviction ?” Discuss. ‘A’ states on oath before the Magistrate that he saw ‘B’ hit ‘C’ with a club. Before the Session Court ‘A’ states on oath that ‘B’ never hit ‘C’. May ‘A’ be charged and convicted accordingly for intentionally giving false evidence ? Decide and refer to relevant provisions of the Code. BOAD 10‘ac 3 01 Marks ote a) “wetee aftr ore & fare, fare frat oafae oe ofthe 8, ga ort er at ta weds ale ar aer qeene: Reet sre |” ga Fra at SleTeCT TaRTET | by “ear afegeh one aretha & fore aaftard wa 8 eras & 7” faeer Afar | ow aire & ama waa Trem 2 fe sat tar? fe a’ A at est et Sars arerrere array “a” arg oe awa @ fe “al 3 Oo at elt ae eT | aT “we” ATT fray are 23 & fore arta een st weer ak cagant arafire fren sn aaa 7 fafratits Aifarg afte sf 3 ura susie at eRe Afar | 4. a) What are the conditions when a Magistrate may take cognizance of any offence ? State also the cases where no court shall take cognizance unless some conditions are fulfilled. 15 b) “No appeal would lie unless provided by law.” Discuss the statement and refer to relevant provisions of the Code of Criminal Procedure, 1973. 5 a) ae am cant $ va afte fret aoc ar daa A Been ? Fa aHeTl Ht areTgR Tet alg URI, Fa TH Ho SATS A aaa a a, ae aH Ga Ae ST b) ‘ara cen ff are wee a A, aang octet wet Ohh’ ga we A fate Ale eT avs, siren Sfeer, 1973 % gare waar wh saya Afar | SECTION - C ws -4 5. a) ‘Mens-rea is an essential element in every crime.’ Explain this rule and state to what extent it is applicable to the offences under the Indian Penal Code, 1860. 10 b) ‘A’and‘B’are brothers who were found quarrelling and abusing each other ona public road in a town and a large crowd gathered and the traffic was temporarily suspended. Discuss the criminal liability of ‘A’ and ‘B’ and support your answer with provisions of LP.C. 5 DAC -BOAD P.T.O.o1 ° a) b) ° b) a) b) DAC - 4 ti Marks ‘A’ puts jewels into box belonging to ‘Z’, with intention that they may be found in the box and that this circumstance may cause ‘Z’ to be convicted of theft. Has‘A’ committed any offence? If'so, discuss the criminal liability of ‘A’. ‘wets arma H goers Gs areas oa tar 8 ga Ream aft aren Afare she oars fis uredia avs afear, 1860 % areria % arrael & fare ae Fram fee ater ae aL Bla a? ae’ aft Ca’ ug si ue ea A om ase T are Fag BF ik oraeTeg aA 2 sei eer areE eHaST ST, eit a1 STAI-S FS 2H fore ae ST | sit a’ & orate aiftea Ah facta Ae | 1.2.8. 3% saat Bort sa A GPS Afar) “owe aaa Hi, ota’ ar 2, ga one a ary Tam 8 fH 3 3a wae HO ae ot a abet & a’ She fre Mtefera secre re ae “aw” A aE srerer Fever ? ae tar, " & sraafies ates A fase Ff | Critically examine the impact of the offences amended and inserted into the Indian Penal Code, 1860 by the Criminal Law (Amendment) Act, 2013 to protect women against : a) Sexual Harassment and b) Rape. ‘All murders are culpable homicide but all culpable homicides are not murder’ Explain and illustrate. Refer to decided case law. fgerstt at a) ata sedge, ath a) aerrenn & free sear & fore arava Fate (xia) arfafian, 2013 are deiftrs ott wfteentia scare & ora ar oneitearere adteroy Afar “art carl armaftrs arra—ae 8, veg eh serrate aaa we aT 1” Tere caren fifare | Fofie are—fafe at saya aif | BOAD ae 10 10‘A b) a) b) b) DAC - 5 01 Marks am SECTION -D wea “Oral evidence is excluded by documentary evidence.” Explain this rule and state the exceptions, if any, to this rule. 10 Can evidence be given to contradict a witness in the following cases? _(5+5) i) Awitness is asked whether he was dismissed for dishonesty from service ? He denies. ii) A.witnessis asked whether his family had blood-feud with the family of B' against whom he was giving evidence ? He denies. ‘Scher ares at arrests cere ares % are eter @ 1” ge Free a eee Te Fa Fra oryardt, afe ag i, Ht wae | an Preafeatad are a aratt & aver Sg ares feat aT aT B 7 i) walt & ser fara ren & fe sar ae AGS aereor sane @ Frenrer fear aT? wea ae | ii) ua @ er fear aren 8 aan gee Gora ae ‘eH ayaa, Foae few ‘are fea SH TRI, GFeI~A T 7 ae HHT HUTT | “When a witness is asked and answers any question which is relevant only to shake his credit, then as a general rule no evidence can be given to contradict him”, Comment and describe, the exceptions, if any, to this general rule. 10 Which of the following statements are relevant as ‘Admission’? (5+5) i) ‘A’ undertakes to collect rents for ‘B'. ‘B’ sues ‘A’ for not collecting rent due from ‘C’ to'B'. ‘A’ denies that rent was due from ‘C’ to'B’. ii) ‘A’ sells a horse to ‘B’. ‘B’ asks-whether horse is sound ? ‘A’ says to ‘B’ — “Go and ask‘C’, ‘C’ knows all about it’. C’ tells about soundness about horse. BOAD PTO.01 a) b) 9. a) ») a) b) DAC- Marks qe “say ad ara faeett RA wes a1 eR Sar 8 SH a Sach Fase Bt aT TGaTY Ey ‘Agena, at arava Free & wa ses are fee a se ser Guess el Pee ST eee |” wa frm a, af at sora @, oe if Prefefan 4 8 at a aera eatpha a & sre Geir @ 7 i) ‘a’ fee vem Ge wr attra “eter 8 are “a hes es ET wer S fore “a! wea! are aren Bw ge ATS aT WTA Bee 8 AH “WY ‘a asta ii) ‘a’, ‘a’ atte Fae 21 a’ yoo? fH a she area 8 2 ‘a’ a ‘we’ eee af “aa WT aye ct, W ati aa ge Ma!” W as A eee Sars aaa SECTION -E ws - =. What are the circumstances under which certain period of time is excluded while computing the limitation period ? Explain. 10 Advice ‘A’ in the following cases : (645) i) ‘B the debtor of ‘A’, promises to pay his debt in writing and signed by him on the last day of limitation period. ii) ‘BY, the judgement debtor of ‘A’ prevents ‘A’ by fraud or force from executing the decree within the limitation period. ae a oh ohfeataal & fied sraria fare caftetn stale At wen at aaa gS fafgaa araraf ah arvafite fara rar 8 2 ere FEL Frrafefan amet # ‘a at ca fae: i) ‘a’, ‘ot ara 8 oft firere & anfran fer ae fortis wa vemetiea wo ‘ay’ Sha Gar Hr aes BT eI ii) a’, ‘of’ ar Profi aaoht 2 1 ae ‘oe’ at aie aT et & are fare arate areria Fash & Porras & tes eat 21 BOAD‘ao 7 01 Marks ae 10. a) “Limitation bars the remedy, but does not destroy the right.” Discuss the statement. 10 b) Advice ‘A’ in the following cases: (5+5) i) ‘A’s limitation period expires on a day on which the court is closed. ii) ‘A fails to file the appeal within the period of limitation due to ‘illness. a) “ofefer stan ar asi aah @, veg aiftrar a fare sel eet 1” gare A eT aifare >) faeaferfaa armei # ‘or’ at cer dif : i) ‘at A fiere araftt ga fea Gara ate 2 fire fea arate ae eT a1 ii) Fa eh ere ‘a! flere salt & arevla ae ante egal F ee Aaa zi DAC -BOAD