Maharashtra Judicial Service District Judge 2009 Paper-II

Maharashtra Judicial Service District Judge 2009 Paper-II Question Paper

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 documents have been produced.

One trader Ashok Patel gave a loan of Rs. 15,000/- to Mohanlal Shah, on 1-1-2005 at Nasik. In return Mohanlal Shah executed a promissory note. Ashok Patel is residing in Nasik and Mohanlal Shah is residing in Pune. When Ashok Pael demanded the money by writing a letter on 1-10-2007, Mohanlal Shah gave a reply assuring Ashok Patel that the amount in question will be paid by him within a period of two years as he is having financial difficulties. Subsequently Ashok Patel filed a sun on 1-1-2009 for recovering the amount in the Court of Civil Judge at Nasik. Mohanlal Shah took the plea that the Nasik Court has no territorial jurisdiction to decide the suit. Mohanlal Shah filed his written statement taking the point that the suit is filed after a period of three years year’s from the dare of transaction and, therefore, it is time barred. A plea was also taken in the written statement that he has not received any amount and that he had not signed the promissory note. The trial Court framed necessary issues in the suit and found that the suit is within limitation and the Court at Nasik has also jurisdiction to entertain and ultimately decreed the suit. The said decree is challenged in appeal by the Appellant.

2. Write short notes on any three:
(a) Dissolution of Partnership firm.
(b) Requisites of valid contract
(c) Constructive res judicata.
(d) Directive Principles of State policy
(e) Right of private defence.

3. Explain the difference between any three;
(a) easement of necessary and easement by way of prescription.
(b) Sale and exchange of immovable property,
(c) Valid contract and void contract.
(d) Writ of mandamus and Writ of habeas corpus,
(e) Libel and slander

4. (a) 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.
OR
(b) Elaborate fundamental rights and directive principles under the Constitution of India.

5. Delay in disposing criminal cases in case of under-trial prisoners can be said to be denial of fundamental right of an accused. What are the rights of the accused in such cases? Comment.
OR
Whether the provisions of Section 138 of the Negotiable Instruments Act can be misused in a given case by filing frivolous complaints?. Comment with suggestions.