West Bengal Legal Service – 2007 – Civil Procedure Code
West Bengal Legal Service – 2007 – Civil Procedure Code
Total marks – 100 Duration – 3 hours
Answer Question No, 1 and any five from the rest
1. What are the instructions laid down in Civil Rules and orders for the transmission of records to the District Record Room and disposal of records not so sent ?
2. (a) State the Rules (In Civil Rules and Orders) regarding fixing of dates and adjournments in every case.
(b) State the Rules (in Civil Rules and Orders) regarding obtaining copies of the plaint, written statements, affidavits and petitions filed in B suit by a stranger to the suit before and after decree.
3. (a) What is the place of sitting of the court?
(b) How the examination of the witnesses will be proceeded, where examination has once begun ?
(c) Who is the competent person to identify the person swearing an affidavit to the commissioner of each or the authorities ?
(d) What words must be declarant mention in the affidavit in respect of any fact which is within his knowledge.
4. What procedure is to be followed / what precaution is to be taken by a Magistrate for recording confession of the accused who is produced before him and what certificate is to be appended ? — Discuss.
5. (a) Is it correct to state It ‘a’- in cases which do not result in charge sheet final report is to be submitted ?
(b) What is to be included in the Final report?
(c) What is to be done by the Magistrate if final report is submitted before him ?
(d) Is it mandatory on the part of the Magistrate permitting police remand to send a copy of the order to the Chief Judicial Magistrate?
6. Discuss briefly the provisions as enuclated in the Criminal Rules & Orders regarding trial before Court of Sessions and Procedure to be followed.
7. (a) What do you mean by ‘Decree’?
(b) What are the essential elements of a ‘Decree1?
(c) Which decisions are ‘Decreas’?
(d) In which suits preliminary decrees are to be passed?
8. What is Resjudicata ? When and where the Principles of Resjudicate can be applied?
9. (a) What do you mean by “Review”?
(b) Who may apply for “Review”?
(c) What are the grounds of “Review”?
(d) Who can make “Reference” and where?
10. (a) When and how settlements of disputes can be done outside the court?
(b) When and where an appeal will lie from the appellate decree?