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THE GAUHATI HIGH COURT AT GUWAHATI

CFHE HIGH COURI OF ASSAM: NAGAI-AND: MIZORAM AND ARUI{ACHAL PRADESH)

Main WritEn Examination br dir€ct leruitment to

GradeIII of Assam ludicial Selice,2020
PAPER: III flaw Paoer.II
Total Marks: 100 Duration: 03 Hours
Date: 22-0L-202L Time: 9:00 AM

GROUP- A : Constitution of India

Answer anv followino S(five) ouestions:-

Q.1. What remedies does the Constitution of India prwide fur enbrcing the Fundamental
Righb and the Iimitation thercof? 5 Marks

Q.2. "Article 14 of the Constihrtion of India permits reasonable dassificaUon but prohibits
Comment.
dass legislation". 5 Marks

Q.3. WriE a note in brief on:-

(a) ProEction against self incrimination
(b) Double jeopardy. 2Vz+2Vz=5 Marks

Q.4. What rights are available to religions and linguistic minorities under the Constihftion
of India? 5 Marks

Q.5. Write Short notes on:-

(a) Supplementary grant.
(b) Exceptional grants. 2Vz+2Vz=5 Marks

Q.6. Discuss in brief the methods of administraUve control of the State by the Union.
5 Marks

Q.7. Describe the constituUon and functions of the Finance Commission. 5 Marks

Q.8. What mnstitutional safeguards are available to Government servants against

arbiUary dismissalfrom service. 5 Marks

GROUP - B: Indian Contract Act

Ansrrer anv fullowino S(five) ouestions:-

Q.9. Distinguish between:-

(a)'Proposal' and'Prom ise'. ZVzMar?s
(b)'Void agreemenf and'Voidable Contacf. 2tlz Marks

Q.10. (a) Mention the various modes of revoking a proposal. 4 Marks

(b) When'prcposals' and'acceptances' may be rsroked? 1 Mark

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Q.11. (a) An agreement without consideration is void. Mention the o<eptions.
3 Marks
(b) Examine the legality of the mn$deration and object-
(i) A postal authority inMted tenders fur license fur carrying mails. A bus
owner abstained frcrn tendering on the prcmise of another bus owner, to pay
him some money.
1 Mark
(ii) Two landowners in the same neighbourhood, in order b avoid
competition, agrced that a market br sale of caftle shall not be held on the
same day on lands of both of them. 1 Mark

Q.12. (a) Explain in brief the doctine of 'tusffation of mntracf'. Whether the prcmisor is
liable to compensaE the promisee in all such cases?
2+L=3 Marks
(b) what are the consequenes of rescission of voidable contnlct?
2 Marks
Q.13. (a) Define:
(i) Contract of guaranEe.
l Mark
(ii) Bailment.
lMark
(b) Mention three conditionsbr discharge of surety in a mntract of guarantee.
3 Marks
Q.14. (a) MenUon the right of person as to acts done fur him without his authoity and the
effect thereof.
3 Marks
(b) Whether the right of person on whose behalf such acUacts were done if applied
accepting such unauthorized act can injure third person. Explain in a nutshell.
2 Marks
Q.15. (a) How an agency can be Erminated?
2 Marks
(b) How an agency can be ErminaEd where an agent has an inErest in the subject
matter? Give an illusFation showing an agency wherein the agent has an inErest.
3 Marks
Q.16. (a) What are the rights of parties b a contract made by agent not disclosed?
3 Marks
(b) Whether an agent cannot personally enfurce ontracts on behalf of principal?
1 Mark
(c) What is the effiect on agreement of fraud by agent?
1 Mark
GROUP - C: Transfur of orcoertv Act

Ansuver anv followino 5 (five) ouestiensl-

Q.17. Define (a) Vested and (b) ConUngent interest?

Zrh+zth=S Marks

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'
Q.18. (a) Wheffier a third person is entiUed to the benefit of an obligation arising out of
mntract and anno<ed to the ownership of immoreable property but not amounting
to an interest therein? If yes, state the condition.

(b) Under what condiUon a Fansftr by an ostensible owner is not voidable.

(c) Whe$o transfer by an unauthorized person who subsequenUy acquires interest

in the prcperty transfiened is valid? Explain.
2+1+2=5 Mark
Q,1e. WriE a note on transfer of property pending suit rclating thereto.
5 Marks
Q.20. Define all the mortgages of immoveable property in brief recognized by the Transfer
of Property Act.?
5 Marks
Q.21. State the rights of lessot's tansferee and three grounds fur determining of lease of
immoveable property.
2+3=5 Marks
Q.22. Define a mortgage and distinguish it from a sale of immoveable property? What are
the essentials of a mortgage?
2+3=5 Marks
Q.23. Explain the doctrine of 'blog on redemption" with instances of clogs.
5 Marks
Q.24. Define'actionable claim'with illusFaUon. What is the mode of transfer of actionable
claim?
2Vz+2Vz=5 MarK

GROUP - D: The Code of Civil Prccedurc' 1908

Ansrrer anv followino 5 (five) ouestions:-

Q.25. State the power of the Civil Court under the Code of Civil Procedure the nature of
orders authorized to pass in order to prwent the ends of justice.

5 Marks
Q.26. State the form of appeals stipulated in the Code of Civil Procedure and the powers of
appellate Court.
5 MarK
Q.27. State the powers of court to enforce o<ecuUon of decrce.
5 Marks
Q.28. What are the nature of msts, the discretion of being imposed given to the Couft and
the circumstances?
5 Marks
Q.29. Define (any two):- 2Vz+2Vz=5 Marks
(a) Decree
(b) Legal rcpresentatives.
(c) Mesne profiB.

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Q.30. Statethescopeof 'Review'and'Revision'undertheCodeof Civil Prccedure.
2Vz+2Vz=5 Marks

Q.31. Write a note on the "application fur restitution" and speciff the murts included in the
o<pression "court which passed the decree or orde/'
2Vz+2Vz=5 Marks

Q.32. What are the forums recognized by the Code of Civil Procedure fu settlement of
disputes outside the Court and manner of reference under the relevant law?
5 Marla

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