RJS Mains 2018 Law Paper
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RJS Mains 2018 Law Paper-I
Q 1. A person, who creates resistance in execution of a decree, what remedies are available to decree holder against such person? (2 marks)
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Q 3. Under the provisions of Specific Relief Act 1963, what remedies are available to a person dispossessed from the immovable property, explain. (2 marks)
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Q 11. A filed a criminal complaint against B for robbery. A and B enter into an agreement whereby, A agrees to withdraw the prosecution on B’s promise to give value of the stolen property.
Is this agreement enforceable? Answer with reasons. (4 marks)
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Q 24: Write a reasoned judgment on the following facts:
Pleadings of the suit
Plaintiff and defendant are familiar to each other. On 17.07.2014, for the sake of personal necessity, the defendant borrowed Rs. 187690 from the plaintiff and agreed to return the money after one year with 20% annual rate of interest and accordingly a written agreement was executed. After stipulated period, despite demand, defendant did not return the principal amount and the return thereon. Plaintiff sought decree of Rs. 256115/- along with suit expenses and interest till realization of the amount.
Pleading of the written statement
The defendant categorically denied the pleadings in the plaint and also denied the execution of agreement. The defendant pleaded that the alleged borrowed amount is in odd figure. Ordinarily, amount is not borrowed in odd figure. This fact itself makes claim highly doubtful. It is also pleaded that the defendant constructed the plaintiff’s house and payment of which is still due towards the plaintiff. The plaintiff does not want to pay the due amount, therefore he has filed false case against him. He prayed to dismiss the suit with heavy costs.
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Note: Complete question paper along with its solution is made available to the students of our classroom course only.
RJS Mains 2018 Law Paper-II
Q1. How and when a Magistrate of First Class can issue process in a private complaint? (3 marks)
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Q3. A court of Sessions, while convicting the accused for offence u/s 325, 307 IPC, imposes a sentence of 10 years simple imprisonment and fine of Rs. 50,000, out of which Rs. 30,000 to be given to injured-victim as compensation.
Briefly, examine the legality of the order for compensation, after applying relevant provisions of CrPC. (3 marks)
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Q6. A, just for enjoyment and fun with labours working in his field, drives a tractor around them in rash and negligent manner. Next day, he repeats the same act in same mood and manner. A labour gets hit by the tractor and resultantly, dies. Whether A has committed any offence on both the days? Explain with brief reasons. (3 marks)
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Q11. A, filed a complaint before a Magistrate against B for house trespass. During inquiry made by Court u/s 202 of CrPC, A produced and examined C as his witness. Afterwards, due to death of C, he could not be examined during the trial.
Whether, statement of C, recorded during inquiry is relevant as previous statement and can be used against B in the trial? Explain in brief with reasons. (4 marks)
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Q19. A gives a cheque of Rs. 10 lacks to B on 01.01.2014, for the discharge of his debt, knowingly that sufficient fund is not in his bank account. Cheque returned by bank unpaid and A is prosecuted by B for offence under section 138 Negotiable Instruments Act. But, after trial, A is acquitted by court on 01.02.2018. Afterwards, on 05.02.2018, B files another complaint before magistrate against A, under section 420 IPC (cheating), for the same cheque.
Whether, plea of double jeopardy, as provided in section 300 CrPC can be taken by A? Discuss elaborately with reasons and precedent. (6 marks)
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Note: Complete question paper, with solution, is made available to the students of our classroom course only.