Professional Documents
Culture Documents
2012 Mains I
2012 Mains I
2012 Mains I
-+ r ? m i a 5 - 9
Civil Procedure Code, Transfer of Property Act, Specific
Relief Act, Law of Contracts, Sale of Goods Act and
Partnership Act
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(21 Question No. 1 carries 20 marks. All other questions carry equal n a r k s i.e. 16 n a r k s
each.
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Qi Your answers must be to the point, whereoer possible quoting the specif~cprou~sionof
(3)
law.
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141 Do not reproduce any question. Write only question's number ugair~stthe answer:
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(5) Whereuer option has been giuen, only the required number of responses i n the serial
order attempted shall be assessed. Excess responses shall be ignored.
(6) "Other than cited cases, candidate should not write roll number, any riarnrs (including
one's own), signature, address or any indication of one's identitv anywhere inside the
(5) *
nnswer book otherwise helshe will be penalised."
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(8) All questions have to be attempted only i n one language, either i n English or i n
Marathi as per the option given in application form..
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1. Write a Judgement on the basis of the facts narrated below :
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While writing Judgement :
( a ) Adhere to the contents of Judgement as rcquirad undcr thc Codc of' Clvil
Procedure.
(b) Frame and answer the issues properly
(dl Give legal, logical and proper reasons for your findings.
sale dt. 6.3.2009. On the date of agreement he has given to defendant earnest
amount of Rupees fifty thousand arid he was put in possession of the land.
Sale deed was lo be executed within six months from the date of agreement.
As defendant failed to do so, plaintiff has filed this suit for specific pcrformancc
of contract and in thc alternate for refund of earnest amount with interest
and compensation.
a s it was executed only a s a security for loan amount of Rupees fifty thousand
which he had borrowed from plaintiff for higher education of his daughter. He
has repaid the loan amount of Rupees thirty thousand and was ready to repay
the balance amount of Rupees twenty thousand. Plaintiff was ncvcr put in
possession of the suit land. Plaintiff has suppressed these material facts.
Plaintiff has also not pleaded his rcadiuess and willingness to perform his part
of the contract nor issued any notice to him before filing of this suit. Hencc
P.T.O.
2. Answer any two of the following sub-questions :
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(a) Discuss the statement "there i s no difference between error within jurisdiction
(4)
and error outside jurisdiction".
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(b! Discuss provisions relating to arrest and detention of Judgement debtor in civil
prison in execution proceedings.
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(c) Discuss the statement "Judgement and Decree are one and the same".
(b) Expla~nin detail 'Transfer of property for the bcncfit of unborn person' with
reference to 'Rule a g a ~ u s perpetuity'
t and 'Vcstcd intercsts'.
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(c) Elaborate the correctness of the statement "A lessor cannot dctcrminc the lcasc
so long a s the lessee pays the rent".
(a)
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Discuss thc statement "All contracts cannot br specifically cnforccable"
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(b) Discuss the circumstances undcr which injunction call bc grantcd and cannot he
granted.
(c) Explain thc statemenL "A suit sin~pliciter for declaration is not legally
maintainable".
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6. Answer any two of the following sub-questions :
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Note :
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13) Marks to each question are indicated b,y figure in the margin. on the right harm
side.
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(4) Wherever option has been given, only the required number of' responses in the serial
order attempted shall be assessed. Excess responses shall be ignored.
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P.T.O.
(5) Do not reproduce any question. IVrite only question's number agnir~slthe answer:
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(6) "Other than cited cases, candidate should r~otu:rite roll rr~~rrrber; a1z.y rzan~es
(including one's own), signature, address or any i ~ ~ d i e a t i oof'
r ~ one's identity
anywhere inside the answer book otherwise hclshe will he penalis~d."
(6) ' 2 3 * - @ * & r n * m h
m , & m ~ m , @ , v m ~ ~ * M ~ ~ 3
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(7) English version of'the question shall be held autherztic t n case o/'at~,yurnbigu~~,v
(ti) $~m?
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(8) A11 questions have to be attempted orzly in one language, either in English or in
Marathi as per the option given i n application fornz.
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(bi Legal rights of arrestee.
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insulting a member of a Scheduled Castesmibes in any place within public view.
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(d) Power of the court to proceed against persons not being the. accused appearing
1
to be guilty of offence in any enqulry or trial. 2-
2
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(e)
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Compounding of offences.
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Prosecutor's power to withdraw from prosecution.
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4. Explain the concept of vicarious liability of offender in the light of' relevant
provisions with reference to "in furtherance of common intention", "in prosecution of
common object of unlawful assembly" and "criminal conspiracy". 10
pq 447 pm.
-- -
6. Explain the procedure for proving contents of electronic record and truth or falsehood
of those contents. 10
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( d ) Purpose and evidential value of' test identity parade. 2 -2
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(0 Res Gestae.
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( %TdSh 1Tm XVIFT A
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Ram resides at Pune. He went to Nasik after locking his house. On his return he
found that his lock and latch were broken. T.V. set & gold ornaments were stolen. He
filed a report with the police. Investigation officer arrested Ravan and seized gold
ornaments of Ram from Ravan's house under Panchanama in presence of two panchas.
Ravan gave disclosure statement to Investigation off~certhat he would show a shop
where he sold the T.V. set. He showed shop of Laxman but Ram's T.V. set was not
found. Investigation officer submitted Charge Sheet.
On trial Panchas turned hostile. Ram and 1.0. supported prosecution
Asst. Prosecutor argued seizure of ornaments from house of Ravan and discovery of
fact as to where he sold T.V. set are proved. Hence claims conviction. Defence lawyer
submits that there is unexplained delay in filing FIR. On seizure of ornaments,
independent witnesses have not supported. T.V. set is not recovered hence there is no
use of showing the shop. He prays for acquittal. In alternate! he requests to extend
the benefit of the Probation of Offenders Act.