Maharashtra Judicial Service Civil Judge 2014 Paper-II
Maharashtra Judicial Service Civil Judge 2014 Paper-II Question Paper
Total marks – 200 Duration – 3 hours
1. Explain the difference between a warrant trial and a summons trial.
2. Write short notes on any two :
(a) Facts of which a court must take a judicial notice.
(b) Difference between an admission and a confession.
(c) Impeaching credit of a witness.
(d) Competency of an accomplice to testify and precaution to be taken while 5 appreciating his evidence.
3. Explain in detail the right of private defence with special reference to the instances when it extends to causing death.
4. Write the difference between any four :
(a) Common Intention and Common Object
(b) Theft and Extortion
(c) Preparation to commit dacoity and assembling for the purpose of dacoity
(d) Wrongful Restraint and Wrongful Confinement
(e) Kidnapping and Abduction
(f) Criminal trespass and House trespass
5. Explain with illustrations when the charges can be joined?
6. Answer any two :
(a) What is the use of the diary to be maintained by an investigating officer during trial ?
(b) When unlawful compulsory labour constitutes ‘untouchability’?
(c) What are the presumptions as to the offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
(d) When police may arrest without warrant?
7. Write a detailed note on presumptions of facts and law with reference to their effect.
8. Write short notes (any two) :
(a) Stoppage of summons case trial
(b) Closure report of a case
(c) Levy of fine
(d) Further investigation by investigation officer
9. Write an essay on any one topic (800 words) :
(a) Increasing participation of children in sexual offences – a challenge.
(b) Collegium system of appointment of Judges Versus Judges Appointment Commission.
(c) Witness protection – a challenge to judicial administration.
10. Write a judgement on the following facts :
A & B are ferry operators doing their business across the same creek. One night ‘A’ carries the boat of ‘B’ to the other side of the creek clandestinely and leaves it there duly anchored. On the complaint of ‘B’ police carryout investigation. ‘A’ is arrested and charge sheeted in the court of JMFC Alibag. Boat is found intact and is seized during investigation.
During trial enough reliable evidence is led to attribute authorship of the incident to ‘A’.
Asstt. Govt. Prosecutor argues that theft by ‘A’ is duly established. According to the defence that ‘A’ had not retained the boat which is intact and there was no gain to him. Alternatively A claimed benefit of the probation of offenders Act.