West Bengal Legal Service – 2010 – Civil Procedure Code

West Bengal Legal Service – 2010 – Civil Procedure Code

Answer Question No. 1 which is compulsory and any five from the rest.

1. (a) Explain the concept of res judicata and constructive res judicata
(b) Distinguish estoppel and res judicata
(c) How a suit is defended by a minor defendant

2. (a) What is police file
(b) If a case does not result in charge-sheet, what is to be done by the police ?
(c) What are to be included in the Police Report
(d) How is a complaint received by a Magistrate

3. (a) How is a test identification parade made by a Magistrate
(b) What is the procedure for the enlistment of a surety

4. What should a criminal Appellate Court do on the decision of appeal in case :
a. a sentence is reversed,
b. a sentence is modified,
c. a sentence is confirmed,
d. a conviction and sentence are set aside and a retrial of the accused is ordered.

5. (a) What are the contents of a caveat tinder the Civil Rules & Orders
(b) What is the ordinary sitting hours of a court
(c) What is the working hours of a judicial officer

6. (a) Is it possible to hold a civil trial on Sunday
(b) What procedure should be followed where the defendant is a minor under the Civil Rules & Orders?

7. Define decree. In drawing up a decree what instructions must be observed by a civil court under the Civil Rules and Orders?

8. (a) Who may be joined as defendants
(b) Can a judgement be given against one of many defendants
(c) Can a suit be defeated on the ground of non-joinder or mis-joinder of parties ?
(d) What is the power of the civil court if there is a mistake in naming the plaintiff

9. (a) Under what conditions a temporary injunction is granted
(b) When is a receiver appointed t What are his duties

10. (a) State the rules relating to the set-off of a claim under the Code of Civil Procedure.
(b) What do you mean by evasive denial