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District Judge Question Paper
District Judge Question Paper
District Judge Question Paper
CONSTITUTION
3. What are the contributions of American and Irish constitution to the Indian
Constitution
4. When ‘Bill’ becomes a central Act? State with reference to ordinary bill and money
bill and also mention the recent bill which became a Central act.
7. State briefly the difference between Article 141 and Article 142 of the Constitution
of India.
8. What is the protection given to a public servant from dismissal or removal from
services, under the Constitution of India?
9. State briefly the difference between Article 141 and Article 142 of the Constitution
of India.
10. What is the protection given to a public servant from dismissal or removal from
service,
b. Nature of writs that can be issued by a High Court under Article 226 of the
Constitution of India.
c. Per Incuriam
d. Ratio Decidendi
12. Write a note on fundamental rights guaranteed under the Constitution of India?
a. Obiter Dicta
b. Per incurium
a. Ratio decidendi;
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b. Obiter Dictum;
14. What types of writs the High Court can issue exercising jurisdiction under Article
226 of Constitution of India? Explain the nature of such writs.
15. Give an analysis of the scope, content and the extent of the fundamental right
guaranteed under Article 14 OR 21 of the Constitution of India.
16. What are the safeguards provided by the Constitution of India to a person holding
a Civil Post under the Union of a State?
17. Whether a Public Servant in the service of the Central or State Government can file
a Civil Suit questioning the order of termination or removal from service?
a. Is ‘S’ entitled to recover general and special damages for personal injury in
suffering unwanted preganancy?
b. Is ‘S’ entitled to recover damages for economic loss in rearing up the child?
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DISTRICT JUDGE QUESTION PAPER – CIVIL LAW
2. Define “Gift” under the Transfer of Property Act, 1882. How transfer of gift of
immovable property can be effected? When Gift may be revoked?
3. Explain the doctrine of ‘lis pendens’ stated in section 52 of the Transfer of Property
Act, 1882.
6. The concept of marshalling applies for both mortgage and a sale but they maintain
the difference in their applicability. Examine the same.
10. State the law relating to contribution and marshalling under the Transfer of
property Act?
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11. What are the essential conditions to be fulfilled for granting the benefit of part
performance?
12. Define Gift under the Transfer of Property Act. How transfer is effected? When
Gift can be revoked?
c. Subrogation
15. Whether a mortgagee can institute a suit against the mortgager for recovery of
money by sale of immovable property, the title deeds of which were deposited with
the mortgagee, though the mortgage deed is not registered?
16. When the deposit of title deeds with the mortgagee for collateral security of loan
amount advanced to the mortgager, is valid?
17. Whether the owner of the immovable property can file suit for redemption of
mortgage of the property mortgaged in favour of mortgagee, if such property was
one of the suit schedule items in an earlier suit and no decree was passed in
respect of that property?
a) Tenant at will
b) Tenant at sufferance
d) Ostensible Owner
19. When the owner wants to evict the person in occupation of land/building and to
get the possession back, under what circumstances he should have recourse to the
provisions of the following Acts?
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DISTRICT JUDGE QUESTION PAPER – CIVIL LAW
1. Does a fresh suit lie in respect of the same cause of action in the following cases?
Explain.
2. Where the plaintiff has failed to sue for the entire claim in former suit.
3. Where the former suit is dismissed for non-appearance of plaintiff on the date
when defendant is present in the Court.
4. Where the former suit abates on account of death of defendant, where legal
representatives have not been brought on record.
5. What is ‘framing of issues’? What materials the court is required to take into
consideration while framing issues in a suit? Discuss.
6. What is written statement? When can set off and counter claim be pleaded?
8. Materials on which issues may be framed under Order XIV, Rule 3 CPC.
9. When an order of attachment before judgment is made under Order XXXVIII Rule
5 of CPC, what is the impact of Rule 10 of the same order.
10. State the law relating to decree in pre-emption suit under Order XX Rule 14 CODE
OF CIVIL PROCEDURE.
11. Mention the date of cause of action for filing a suit claiming the right of pre-
emption, with reference to sale agreement of the subject matter by a person
against whom pre-emption is claimed.
12. State the meaning of the terms ‘pro-forma defendant’ and ‘pocket defendant’?
13. Briefly state the similarities between ‘counterclaim’ in a suit and ‘application for
alimony’ by the wife in a case filed by her husband for divorce. What is the effect
of dismissal for default of the case filed by the husband?
14. What is the legal position in respect of judgment on admissions under Order XII
Rule 6 of the Code of Civil Procedure.
15. Kiran files a suit against Charan at Sandur Court for declaration of title and
consequential relief of permanent injunction over a vacant site in the limits of
Sandur. Charan fails to attend the Court deliberately. He is set ex-parte by the
Court and finally the suit is decreed ex-parte. Charan files an application under
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Order IX Rule 13 of CPC. The said application is also dismissed. Charan prefers
an appeal against both the orders of placing him ex-parte and suit being decreed
ex-parte. Do you concur with the legal advise and the steps taken by Charan of
preferring appeal against both the orders.
16. What is the extent of personal interest of Plaintiff over the subject matter in an
interpleader suit? Give two examples of Interpleader suits.
17. On 1-1-2012, Krishna files a suit for permanent injunction against Rama in
respect of a residential site No. 14 at Magadi, to restrain the latter from proceeding
with construction over the said site claiming that Rama has entered into an
agreement on 1-12-2011 agreeing to sell the said site for Rs.20,00,000/- to
Krishna and received an advance amount of Rs. 2 lakh from Krishna thereby
agreeing to execute the registered sale deed at anytime on demand by Krishna
provided balance consideration is paid. In the written statement dated 1-2-2012
Rama denies execution of sale agreement and further contends that Krishna has
played fraud. After the trial the case is posted for judgment to be pronounced on
25-6-2016. On 15-6-2016, Krishna files a suit for specific performance against
Rama in respect of the said sale agreement regarding site No. 14 of Magadi.
Discuss the legal position.
21. What are the questions to be determined by Court executing the decree?
22. What are the questions to be determined on an application under Rule 97 or Rule
99 of Order XXI of the Civil Procedure Code?
a. Res Judicata
c. Estoppel
27. What are the essential requisites for grant of attachment before judgment?
29. State the concept of ‘Alternative Dispute Resolution’ as contemplated under Sec.89
of C.P.C.
30. What is decree and what is order? How many kinds of decree can be passed?
Whether in a pending suit Court is competent to pass a preliminary decree?
32. What questions can be determined by an executing court under Sec.47 of C.P.C.?
33. Who can object for execution of the decree under Or.21 R.97 And how such
application has to be considered by the Court.
34. What are the properties not liable for attachment or sale?
35. What are appealable orders? Explain with reference to Or. 43 R.1 of C.P.C.
38. Whether the court can exercise its discretionary power under Section 35 of C.P.C.,
to award interest in the suit filed by the creditor under Order 34 Rule 10 C.P.C for
grant decree for recovery of money by sale of mortgaged immovable property?
39. When an application is filed under subsection (2) of Section 80 of C.P.C. for leave
of the court to institute a suit to obtain an urgent or immediate relief against the
Government or any Public Officer, without serving any notice as required by
subsection (1) of Section 80, can the Court grant any ex parte Interim relief?
Explain.
41. Under what provision and circumstances, a court can reject the plaint?
42. With reference to the provision of law, explain who may be joined as plaintiffs
43. What is ‘framing of issues’? What materials the court is required to take into
consideration while framing issues in a suit? Discuss.
44. Under what circumstances a Civil Court can grant temporary injunction? Explain
in detail.
45. Under Section 89 C.P.C., what are the different methods of settlement of disputes
outside the court and what is the procedure to be followed by the Court?
46. What are the obligations imposed by law of the Court in the matter of granting ex
parte injunction and the party in whose favour such injunction was granted? In
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case of non-compliance, can the aggrieved party prefer an appeal under Order 43
Rule 1 CPC? Clarify the legal position with reference to case law if any.
47. Point out distinction and similarity between Civil and Criminal Contempt
a. Inter-pleader suit
51. Whether recent Amendments to the Code of Civil and Criminal Procedure, have
helped in early investigation and expeditious disposal of civil and criminal cases or
not? Kindly comment.
52. Under what circumstances could additional evidence be permitted by the Appellate
Court and if permitted, what is the further procedure to be followed?
53. Explain with reference to the relevant provisions of Code of Civil Procedure, 1908
and leading case law, if any.
54. Discuss provisions of territorial jurisdiction for filing suit, with special reference to
suit against Corporations / Corporate organization.
55. Whether the provision made in the Civil Procedure Code relating to Alternative
Disputes Resolution is beneficial in expeditious disposal of civil cases? Discuss
and comment in detail.
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DISTRICT JUDGE QUESTION PAPER – CIVIL LAW
EVIDENCE ACT
2. What is primary and secondary evidence? State the cases in which secondary
evidence relating to documents may be given? How execution of a document can
be proved?
12. What are the circumstances under which additional evidence is allowed in
Appellate Court?
13. What are the grounds for remanding the case by the Appellate Court?
15. Enumerate the presumption that could be drawn in cases involving serious
offences against women, as laid down in three provisions of the Indian Evidene
Act?
16. Three terrorists armed with rifles forced their way into the house of the deceased
and abducted the two deceased. Within a short while, the sound of gun shots were
heard. On the next day morning their dead bodies were spotted on the road side at
a place situated a short distance away from their house and bullet injuries caused
by the rifles that were carried by terrorists were noticed. The accused did not
explain to the Court as to what happened to the two deceased whom they
abducted. Is it possible to draw a presumption that all the accused – abductors
were responsible for the murder and they be convicted?
19. What are the points on which the court has to satisfy itself before placing reliance
on dying declaration?
20. Whether the dying declaration recorded by a Magistrate in a hospital can be relied
upon in the absence of an endorsement by the Doctor that the patient was in a fit
and conscious state of mind to make the statement?
a. Dying declaration
b. Expert opinion
22. Explain the principles enunciated by the Hon’ble Supreme Court in various cases
while appreciating circumstantial evidence in a criminal case?
23. Explain the importance and necessity of holding test identification parade and its
evidential value during trial.
c. Dying declaration
LIMITATION ACT
2. The limitation once starts moving, there cannot be signals to stop it. However,
there are certain occasions wherein certain periods are treated as grace. Discuss
with reference to exclusion of time (Under Sections 12 to 17) and significance of
Section 5 of the Limitation Act 1963.
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DISTRICT JUDGE QUESTION PAPER – CIVIL LAW
CONTRACT ACT
1. The liability of surety is co-extensive with that of the principal debtor. Explain and
discuss with one case law.
2. What are the essential elements of a contract? Distinguish between void and
voidable contract.
5. ‘It is not possible to identify all kinds of activities to pre-define them as agreements
enforceable by law, however, an agreement enforceable by law is a contract. Non-
contracting parties shall also bear obligations in certain cases.’ Examine the above
statement and mention two such instances of obligations sans earlier contract.
6. Ananda and Mukunda are neighbours but, each does not like the other. One day
fire broke out in the house of Ananda. Mukunda forgetting the enemity and the
safety of his life saves Ananda from fire. As a good gesture, Ananda promises
Mukunda to give a gold ring of 5 grams. Next day, after consulting his wife, he
backs out of his promise, stating that his promise was without consideration. In
the above circumstance, examine the legal position.
a. Undue influence
b. Coercion
c. Fraud
d. Consent
a. Bailment
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b. Void-Abinitio
c. Caveat Emptor
13. What are the contracts which are not specifically enforceable? Explain.
a. Caveat Emptor
b. Void ab initio
16. On breach of contract only such loss can be recovered as was in the contemplation
of both the parties at the time of entry into the contract. Discuss.
1. A person having tenancy rights under the Karnataka Land Reforms Act executes a
Will bequeathing tenancy rights in favour of his brother to the exclusion of his wife
and son.
1. In a suit for specific performance the defendant takes up the stand that the
plaintiff is not an agriculturist and he is debarred from purchasing the suit land in
question. Ultimately, the defendant establishes that he was growing coffee over
the suit lands. Discuss the legal position.
1. State the grounds for seeking decree for dissolution of marriage under Section 13
of the Hindu Marriage Act, 1955.
5. What is the special provision relating to trial and disposal of petitions under the
Hindu Marriage Act, 1955?
6. What are the grounds for varying, modifying or rescinding an order of permanent
alimony and maintenance under the Hindu Marriage Act, 1955?
7. State the conditions for a valid marriage under the Hindu Marriage act, 1955?
9. Explain the conditions of a valid marriage under Sec.5 of Hindu Marriage Act?
10. Write different grounds available for divorce under Sec.13 of Hindu Marriage Act?
1. Whether Hindu Male and Female can marry under the Special Marriage Act, 1955?
State the minimum age limit for bride and bridegroom and the procedure in a
marriage under Special Marriage Act.
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DISTRICT JUDGE QUESTION PAPER – CIVIL LAW
4. Whether a civil court is bound to grant decree for specific performance, when the
plaintiff has proved his case? If not, under what circumstances the court can
refuse it and in such circumstances, what relief can be granted?
5. Whether a trespasser, who is in possession of a land for a number of years, can file
a suit for permanent injunction, if there is a threat of dispossession?
7. Under the Specific Relief Act, what are the contracts which are not specifically
enforceable? Explain.
8. Can the Court grant mandatory injunction by way of interlocutory relief? If so,
under what circumstances?
9. When the owner wants to evict the person in occupation of land/building and to
get the possession back, under what circumstances he should have recourse to the
provisions of the following Acts?
12. “The jurisdiction to decree specific performance is discretionary, and the Court is
not bound to grant such relief merely because it is lawful to do so”.
13. Elucidate on the above statement with reference to the relevant provisions of the
Specific Relief Act, 1963.
1. Define Will. How to prove a Will. Whether a Will executed by a Hindu requires a
probate?
2. Define Will. How to prove execution of a Will. Whether a Will executed by a Hindu
requires a probate?
3. When the execution and genuineness of a Will is in issue, what are the aspects on
which the Court has to be satisfied to return a finding in favour of Plaintiff who
sets up the Will?
5. Define Will. How to prove execution of a Will. Whether a Will executed by a Hindu
requires a probate?
1. State the grounds for grant of a decree of divorce under section 13 of the Hindu
Marriage Act, 1955.
2. Explain the nature, scope and validity of the provisions contained in Section 9-A
(Maharashtra Amendment) of the Code of Civil Procedure.
II. Primacy to the executive in the matter of appointment of the Judges of the
Supreme Court and High Court.
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HINDU SUCCESSION ACT
1. Discuss the status and right of the daughter of a coparcener in the light of Hindu
Succession (Amendment) Act, 2005.
(a) Coparcenery
(c) Survivorship
(d) Succession
(e) Reversion
5. Explain Agnate?
6. Explain Intestate?
7. Who are the members of a Hindu undivided family entitled for a share at partition?
Whether a Hindu female can maintain a suit for partition?
8. What are the provisions under Hindu Succession Act which confer on female
Hindus property rights that were not existing earlier?
9. What are the additional rights conferred on the Hindu females by means of
Karnataka State Amendment?
10. Inheritance to property of a male and female Hindu who died intestate.
11. Write short notes on Inheritance to property of a female Hindu who died intestate.
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HINDU LAW
3. Distinguish between ‘Patria Potesta’ and ‘Powers of Karta’ under Hindu Joint
Family.
5. A, a female Hindu had inherited property from her brother. Her husband had died
during her lifetime. She died intestate issueless. Y, a heir of her husband and Z, a
heir of her brother from whom she had inherited the property, stake rival claims
over the property. Who will succeed?
6. The status and right of the daughter of the coparcener, in the light of Hindu
Succession (Amendment) Act, 2005.
1. Meera aged 50 years and Prakash aged 52 years are spouses. Veeresh, Dheeresh
and Suresh are their sons. Kalpana and Soundarya are the daughters. All the
sons and daughters of Meera and Prakash are married. When all of them were
travelling from Ooty to Bangalore their car met with a ghastly accident and
resulted in the death of Prakash and all his sons and daughters. Soundarya is
survived by her daughter Kamala and Kalpana is survived by a son Prajwal.
Veeresh is survived by a daughter Shanthi. After one year, Meera adopts Kumar
aged 9 years and Arpita aged 7 years. Examine the validity or invalidity of the
adoptions. What is the law relating to cancellation of adoption.
5. Provision for adoption in all personal laws is a progressive step and ensures
welfare of children. Please comment.
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MOHAMMEDAN LAW
2. A Mohammeden with huge estate dies leaving behind his wife, two sons and three
daughters. Calculate the shares available to the said legal heirs under the Hanafi
Law on intestate succession.
3. State the Hanafi Law relating to ‘Wasiat’ (will) by examining bequeathable third
and ‘Wasiat’ in favour of legal heirs.
4. Mention the meaning of “prompt mahr” and “deferred mahr” with reference to the
stage of payment.
7. Meaning of “Mushaa”
9. Explain Hiba?
10. What is maintenance? Discuss the maintenance under Muslim Personal Law and
the Muslim Women (Protection of Rights on Divorce) Act, 1996.
12. A Muslim executes a Will giving away half of his money in bank deposits (which is
the only asset he has got) to his wife exclusively.
1. ‘Ramappa’ sells 2 acres of land bearing survey No.40 at Attibele to Rajanna for
Rs.2 lakh on 6.6.2016 through a registered sale deed and Rajanna issues a cheque
bearing no.4466 drawn on State Bank of India for Rs.2 lakh on the same date to
Ramappa. On presentation, the cheque gets dishonoured for want of sufficient
funds in the bank account of Rajanna. Thus Rajanna fails to pay the agreed
consideration for the land. Ramappa initiates proceedings under section 138 of
the Negotiable Instruments Act 1882 and also files a suit for cancellation of the
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sale deed on the ground of want of consideration. Briefly explain law in this
connection.
4. What are the obligations imposed on Arbitrator under Section 12 of the Act?
7. Explain the powers of the court under Section 34 of the Arbitration and
Conciliation Act, 1996, for setting aside an arbitral award.
8. Whether and under what circumstances Civil Court can grant interim order in a
dispute to be referred for arbitration under the provisions of Arbitration and
Conciliation Act 1996?
9. Point out atleast three changes that are introduced by the Arbitration and
Conciliation Act of 1996 in relation to the subject of Arbitration?
10. Has the Arbitrator power to award interest for pre-reference period? What is the
latest pronouncement on the point?
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LABOUR LAW
2. Whether a workman coming under the definition u/s 2 (s) of the Industrial
Disputes Act can file a suit for declaration, to declare an order of his dismissal
from service as void-ab-initio? Give reasons.
3. Whether a dismissed workman can directly raise an industrial dispute before The
Labour Court/Industrial Tribunal against an order of dismissal without recourse
to conciliation proceedings? Give reasons.
TRUST ACT
TORTS
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6. Explain No fault liability?
7. “Damnum Sine Injuria and Injuria Sine Damnum are two different principles of
Law”. Explain briefly.
1. What are the criteria for deciding market value in respect of a land acquired under
the Land Acquisition Act?
2. What are the criteria and principles to be applied in determining the market value
of land acquired under the Land Acquisition Act?
3. Whether the local authority at whose instance acquisition has taken place is liable
to be made a party and given notice by the Reference Court? Refer to the relevant
provision or decided case.
1. When the owner wants to evict the person in occupation of land/building and to
get the possession back, under what circumstances he should have recourse to the
provisions of the following Acts?
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DISTRICT JUDGE QUESTION PAPER – CIVIL LAW
1. When the owner wants to evict the person in occupation of land/building and to
get the possession back, under what circumstances he should have recourse to the
provisions of the following Acts?
INTERPRETATION OF STATUES
EASEMENT ACT
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DISTRICT JUDGE QUESTION PAPER – CIVIL LAW
2. Impounding of a document
REGISTRATION ACT
1. Can a document which requires registration and which has not been registered be
admitted in evidence? In what circumstances a document which is unregistered
but requires registration be admitted in evidence?
2. Explain with few illustrations and with reference to relevant provisions of law.
PARTNERSHIP ACT
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