Kerala Higher Judicial Service 2007 Paper-II
Kerala Higher Judicial Service 2007 Paper-II Question Paper
Total marks – 200 Duration – 3 hours
1. What is meant by the following expressions in criminal law?
(a) Good faith
(b) Abetment of a thing
(c) Grievous hurt
(d) Dangerous weapon
2. Write short notes on the following: –
(a) Assault and criminal force
(b) Sudden and grave provocation
(c) Confession of a co-accused
3. What are the four situations in which culpable homicide will amount to (20) murder and what are the five exceptions by which culpable homicide will not amount to murder.
4. What is the nature of the presumption when the question is whether suicide (15) committed by a woman was abetted by her husband or his relatives? To what extent this presumption is different when the question is whether a person is guilty of the offence of dowry death?
5. What is the difference between medical insanity and legal insanity? When (15) the accused raised the plea that he was of unsound mind, what is the procedure to be adopted by the Sessions Judge in the trial court? When the accused is found entitled to the exception envisaged in Sec. 84 of the Indian Penal Code, what all steps are required to be adopted by the Sessions Judge?
6. Who is competent to file complaint and before which court in the following (15) instances?
(a) When a defamatory statement has been published about a company?
(b) When the defamatory statement is against a State Cabinet Minister?
Discuss the legal position when the accused in the above cases rely on the 8th exception to Sec. 499 of the Indian Penal Code.
7. (a) Which Court can entertain a complaint filed for an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act? What is the binding decision of the Supreme Court on this aspect?
(b) How shall a Special Judge dispose of the application filed by an accused below the age of 21 who is found to have committed the offence under Sec. 3 of the said Act (intentionally insulting a member of a Scheduled Caste in a public place) for releasing him under the provisions of the Probation of Offenders Act?
8. If the offence under Sec. 16(1 A) of the Prevention of Food Adulteration Act was committed by a firm, will a prosecution lie against the partner of that firm and under what conditions? In such a prosecution, a Certificate of the Director of Central Food Laboratory has been brought, in which it is stated that the article of food is adulterated. How can the accused challenge the correctness of the facts stated in that Certificate?
9. An accused has been convicted of the offence under Sec. 15(b) of the Narcotic Drugs and Psychotropic Substances Act and sentenced to imprisonment for 7 years and to a fine of Rs. one lakh. He files an appeal to the High Court. Discuss the legal position if he applies for suspension of the sentence till the disposal of the appeal.
10. Can the High Court exercise the powers of revision and stay the proceedings pending before the Special Court for the offence alleged against a public servant under the Prevention of Corruption Act, 1988? Discuss.
11. (a) An accused in a murder case, after arrest, was taken by the police to a doctor for examining the injuries found on his body. He privately made a confession to the doctor about the occurrence. Can the prosecution be permitted to use such a confession against him in that trial? Give the reasons.
(b) If the confession was made by an accused before Abkari Officer, can such a confession be acted on when he is prosecuted for offences under the Abkari Act. Discuss.
12. What is meant by leading questions? Under which circumstances can a leading question be asked in examination-in-chief? What is the jurisprudential reason for imposing restrictions on leading questions? Discuss.
13. Write a short note on the famous decision “Tahsildar Singh v. State of U.P.”(AIR 1959 SC 1012). Does the dictum in the said decision hold good now?
14. Discuss the following: –
(a) Presumption under Sec. 64 of the Abkari Act
(b) Confiscation of vehicle seized under the Kerala Forest Act
(c) Report of the public analyst under the PFA Act
(d) Conclusive proof of legitimacy
1. It is said that “Justice delayed is justice denied”. What are the areas where delay is caused in civil litigation by —
(a) the plaintiff;
(b) the defendant;
(c) the lawyers;
(d) the Judge;
(e) the ministerial staff of the Court.
What in your opinion should be the steps to be taken to avoid delay? Discuss.
2. (i) What are the limitations on the powers of the Civil Court in exercising its inherent powers ?
(ii) What are the grounds for attachment before judgment ?
(iii) What are the circumstances when the appellate court can allow production of additional evidence ?
(iv) What are the requirements for filing a representative suit ?
(v) If an issue is heard and finally decided by a competent court of limited jurisdiction, will its decision operate as res judicata in a subsequent suit, if the first court was not competent to try the subsequent suit ?
3. (i) Compare and contrast the concepts and consequences of rejection of plaint;
(ii) return of plaint;
(iii) dismissal of suit;
(iv) withdrawal of suit.
4. (i) What are the factors to be borne in mind in preparing a judgment in appeal?
(ii) What are the grounds on which an application for review of judgment can be granted?
(iii) What is the meaning of the following?
(a) Ratio decidendi
(b) Obiter dictum
(c) Ejusdem generis
(d) Lex loci contractus
(e) Quantum meruit
5. Sri. Padmanabha filed a suit in the court of the Munsiff at Kochi against Sri. Shivankutty for recovery of Rs. 7,500/- with interest. The suit was decreed. However, the judgment is silent about interest claimed. The decree is drawn accordingly. The plaintiff filed an application before the trial court under Sections 151 and 152 of the C.P.C. for correction of the decree for adding interest. He submitted that the correction may be allowed for the ends of justice, as the omission to include award of interest was an error arising from an accidental omission. The defendant opposed the application and contended that when the prayer for interest has not been expressly granted, it amounts to rejecting the plaintiffs prayer for grant of interest. Write a brief order.
6. In a suit by the landlord for eviction against the tenant, the trial court passed an ex parte decree against the tenant on his failure to appear before the court on the date fixed for hearing. The tenant then filed an application under Order IX Rule 13 of C.P.C. for setting aside the said ex parte decree. The tenant also filed a Regular First Appeal challenging the propriety of the said decree before the appellate court. That appeal was dismissed on contest prior to the disposal of the application under Order IX Rule 13 of C.P.C. Subsequently, the trial court allowed the tenant’s application and set aside the ex parte decree by holding that the defendant-tenant was prevented by sufficient cause from appearing before the trial court on the date fixed for hearing. Was the Court right in setting aside the ex parte decree ? Discuss.
7. (i) When on account of strike, the party cannot file his suit and obtain urgent interim order in the court of the Munsiff which has jurisdiction to entertain the suit, what is the remedy available to him ?
(ii) What is the procedure to be followed if a witness objects to making an oath or solemn affirmation ?
(iii) How is court fee chargeable when in the written statement, set off is claimed or a counter claim is made ?
(iv) How is stamp duty chargeable under the Kerala Stamp Act, 1959, determined when the instrument is so framed as to come within two or more of the descriptions in the schedule where duty is chargeable there under are different ?
1. Explain the procedure to be followed for trial before a Court of Sessions including the relevant general provisions governing trial.
2. Answer any three of the following questions
(i) What are the fundamental principles of Criminal Jurisprudence?
(ii) What are the required contents of a judgment in a criminal case?
(iii) What are the cases in which no appeal lies against an order of conviction?
(iv)What are the precautions the Magistrate has to take in recording confession?
(v) What are the rights of the victims?
3. Discuss the law regulating the grant and cancellation of bail with particular reference to the decisions of the Supreme Court.
4. Write short notes on any four of the following
(i) Power of the Sessions Court to summon additional accused
(ii) Sanction under Section 197 of Cr. P.C.
(iii) Withdrawal from prosecution
(iv) Double jeopardy
(v) Evidentiary value of the statement of the accused under Section 313 of Cr. P.C
(vi) Discretion in awarding death sentence
5. Sri. John was driving the KSRTC bus bearing registration No. KL-32-1526 on 5.3.2007.
The bus was carrying a marriage party of 60 persons from Palakkad to Kottayam. At about 3 p.m. the bus was about 5 Kms. to Kottayam. At that time, John was driving the bus with extreme rashness and negligence at a speed of 120 Kms per hour. The bus hit the car bearing registration No. KA-07-3425carrying four adults. The car was going ahead at a moderate speed of 40 Kms per hour on the left side of the road which was quite narrow. As a result of the collision, all the four occupants of the car, Sri. Nagesh, Sri. Kama], Sri. Krishnan and Sri. Hameed died on the spot. Frame the charge against the driver, Sri. John regarding the said incident.
6. An F.l.R. dated 2.4.2007 for offence under Section 376 l.P.C. was registered against the accused, Sri. Ansari on the basis of the statement of the prosecutrix, Smt. Komala. When the prosecutrix was being examined as a witness, the defence counsel wanted to put and show to her a blue film in which she was shown to have been ‘involved in sexual intercourse with two boys, with the sole object of discrediting her credibility and to establish that she is a woman of immoral character. The prosecutor objected to the same and contended that it is irrelevant and therefore, inadmissible in evidence. He contended that the object is only to insult and damage the image of the prosecutrix. Write a brief order dealing with the objection.
7. Write a precis in English, of the passage attached.