27th BIHAR JUDICIAL EXAMINATION, 2011 - LAW OF EVIDENCE AND PROCEDURE

LAW OF EVIDENCE AND PROCEDURE


Time Allowed: 3 hours
Maximum Marks: 150
Marks are indicated against each question

Answer six questions, taking two from group-A, two from Group-B, and one each from Group-C and Group-D GROUP-A
Q.1.(a). Mention the persons entitled to exemption from personal appearance in Court under the Civil Procedure Code.
(b) Explain the provisions relating to exemption from arrest under the Civil procedure Code.

Q.2.(a). Explain the meaning of the following terms:
(i) Decree
(ii) Legal representative
(iii) Public Officer
(b). What are the provision under the civil Procedure Code relating to suits by or against Government?

Q.3.(a) Write notes on any three of the following:
(i) Temporary injunction
(ii) Suit of civil nature
(iii) Second appeal
(iv) Stay of suit

(b) What remedies are available for setting aside ex parte decree?

GROUP-B
Q.4.(a) Discuss briefly the provisions relating to statements by persons who cannot be called as witnesses.
(b) Explain 'evidence' and 'kind of evidence'.

Q.5.Write notes on any three of the following:
(a) Estoppel
(b) Conclusive proof
(c) Cross-examination
(d) Circumstantial evidence
Q.6.(a) Explain the meaning of the following:
(i) Proved
(ii) Disproved
(iii) Not proved

(b). Explain an accomplice. How far and to what extent the testimony of an accomplice can be relied upon?

GROUP-C

Q.7.(a) Explain the provisions relating to disputes which can be referred to arbitration.
(b) What are the powers of Court for granting interim relief to the parties in respect of arbitration?

Q.8.(a) Explain the ground on which the appointment of an arbitrator can be challenged.
(b) Under what circumstances an arbitral award may be set aside by the Court?

GROUP-D

Q.9.(a) "Bail can only be a matter of discretion if the offence is non-bailable and the scope of discretion depends upon various consideration," Discuss.
(b) When can the Magistrate cancel the order of maintenance to wife?

Q.10.(a) When can poli9ce arrest a person without warrant?
(b) What are the guidelines laid down by the Supreme Court for the police while arresting a judicial officer?