Maharashtra Judicial Service District Judge 2008 Paper-II
Maharashtra Judicial Service District Judge 2008 Paper-II Question Paper
Total marks – 200 Duration – 3 hours
1. Write a judgment on the following facts :
Note (a) The facts should be stated in brief and not reproduced verbatim.
(b) It should be presumed that necessary witnesses have been examined to support the case
(c) That necessary and relevant document? have been produced.
One Gharkal society is a Cooperative Housiny Society. It has several members to whom it allotted flats and bungalows. They are allotted in pursuance of share certificates and letters of allotment after they paid subscription to the society. The persons concerned applied for membership after reading the bylaws of the society. After the society was registered and the Managing Committee was constituted in the meeting of the General Body, the members were called upon to make contribution for proper management and administration of the society. They were issued notices to pay monies for making arrangement for security and cleanliness in society premises, basic amenities and payment of statutory charges and taxes, one “M” was the member of the Cooperative Housing Society. tie vac issued such notice but failed to pay the amount. Thereafter, to society raised a demand upon him in writing and sent legal notice. The society approached the Registrar, Cooperative Societies to issue a Recovery Certificate in favour of the society to enable it to recover the sums from the defaulting Member “M”. The Registrar issued the Recovery Certificate enabling the society to recover the dues . The member “X” challenged the- recovery certificate by filing a civil suit in a civil Court and claimed declaration and permanent injunction restraining the society from acting upon or in furtherance of the Recovery Certificate. The suit was placed before the civil court after pleadings were complete . It framed the necessary issues and held that the suit is maintainable. It granted the prayed for by “M”. Its judgment and decree is challenged by the society in appeal.
2. Write short notes on any three :
(a) Divorce by Mutual consent.
(b) Inheritance tn property of a male and female Hindu who died intestate.
(c) Resjudicata and finality of judgment.
(d) Succession certificate , Probate and Letters of Administration.
(e) Beneficial and Liberal interpretation.
3. Explain the difference between any three
(a) Permanent and Temporary Injunction in a mandatory form.
(b) Counter claim and set off.
(c) Reference, review and revision.
(d) Lease and licence
(e) A summons case and a warrant case.
4. a) Whether recent Amendments to the Cods of Civil and Criminal Procedure, have helped in early investigation and expeditious disposal of civil and criminal cases or not ? Kindly comment.
b) Whether “socialism” is a constitutional goal or a mero political thought and whether privatisation is contrary to and defeating the said goal or objective ? Kindly give your views.
5. Is delay in disposal of cases under the Prevention of Corruption Act responsible for large scale corruption amongst public servants? Kindly comment.
Provision for adoption in all personal laws is a progressive step and ensures welfare of children comment.