2008

PAPER-I
Civil Procedure Code, Transfer of Property Act, Specific Relief Act,
Law of Contracts, Sale of Goods Act and Partnership Act

Time : 3 Hours Max. Marks :100

N.B. : (1) All qltestioris 17l.e compulsor?/.
( 2 ) Qiri,stion No.1 carries 2 0 rtiilrks. All other qiiestinrls L-nrry equal marks
i c . I h rrlnrks encli.
(3) Yriiir cinsrr)ers irilist hi, ti? the point nnd ru1zerer't.r possible quoting tlie specific
prcir~isions 01Inro r ~ i l ibe nppreciated.
(4) Do izot rrprt?iirice nily qlicstion. Write ilrll,t/ question's r?uir~beragainst tlle ansroer.
(5) "Other t1111iicited cnses, i.nrl,liilnte should not n ~ r i t eroll number, n n y nnirres
( i n r l i i d i n ~tlleir orlw), sigiintrlre, nddrcss 01. nrly indicntinn 01tlzeir i/ltztltity
1711!17~11eri~ i~i.<iilc,t11121 7 1 1 ~ ? 1 ~ ~ !IOCJI;
,1~ otl~erri~isi~
lie z~lillbe pe~inliseil".

1. Draft one judgmcnt out of the 2 (two) sets on the following facts .
Frame proper issues arising out of stated plcadings.
Adhere to contents of judgment required under the Code of Civil Procedure.
Wherever it is necessary you may exercise discretion in filling up details, while
appreciating evidence, which ordinarily one conies across during trial of a civil
suit.
Give logical, legal and proper redsons in support of your findings and conclude
the judgment with a proper order.

Averments in Plaint

The plaintiff - ABC agreed to purchase a residential plot city survey no. 123
adnieasuring 1500 sq.ft situated at Thane, from the defendant - XYZ, for a valuable
consideration of Rs. 5,00,000/- (Rupees Five Lacs only), as per the agreement of sale
executed on 10.6.2003 at Thane. The plaintiff paid an amount of Rs. 2,00,000/- (Rupees
Two Lacs only) as earnest and the sale deed was agreed to be executed within a period
of one year, after the defendant cleared the encumbrance on the suit plot. The remaining
amount of consideration was agreed to be paid by the plaintiff at the time of the
execution of the sale decd, when the defendant had agreed to deliver clear and vacant
possession of the suit plot to the plaintiff.
 As the clefendant failed to execute the sale deed as agreed, the plaintiff issued a
notice to the defendant on 15.6.2004calling upon him to execute the sale deed. As the
clefendant failed to comply, the plaintiff filed a civil suit against the defendant, in the
court of Civil Judge Sr. Dvn. Thane, for specific performance of the contract. According
to plaintiff he was ready and willing to perform his part of the contract but the
defendant failed. The plaintiff praved for a direction to execute the sale deed and
delivery of vacant possession alongwith costs etc.

Avermentsin the written statement

The defendant resisted the claim. He contendecl that the plaintiff is a money
lender doing illegal money lending business without a licence. He is charging eshorbitant
interest. The defendant was in nred of monev. Defendant had obtained Rs. 1,00,000/
- as loan from the plaintiff. On the insistence of plaintiff the agreement of sale was
executed as a security for the amount advanced. Inflated amount was shown as earnest.
The amount with intrrest is returned to the plaintiff, when he agreed to destroy the
document. The plaintiff is taking undue advantage of the same.
'The alleged ~greementis 1101 on proper stamp paper and it is not registered. The
suit be dismissecl for these 1.e~1sons.

Averments in the plaint

The plaintiff - ABC Bank advanced a loan of Rs. 10,00,000/- (Rupees Ten Lacs
only) to the defendant no. I - X, who is an agriculturist. The loan is granted for purchase
of a tractor and a trolley. Ilefendent no. 2 - Y and Defendant no. 3 - 7. are the guarantors
for the loan.
The defendant no. I executed a loan agreement and a dred of hypothecation of
the tractor in favour of the bank. The defendant nos. 2 and 3 executed a deed of
guarantee.
The loan carried interest rate of 10% p.a. and was repayable in equated monthly
instalments, ovrr a period of 36 months.
As the defendant no. I defaulted the instalment in the second year, the plaintiff
issued a notice on 25.12.2008 recalling the loan. The d r f e n d ~ n t swere called upon to
pay the entire outstanding amount alongwith interest and notice charges within a
month. The loan was granted on 25.11.2006. The defendants failed to comply. Hence
the plaintiff filed a suit in the court of Civil Judge Sr. Dvn Nashik for recovery of the
loan alongwith interest and costs etc.
 Averments in the written statement

The defendant no. 1 claimed that the Branch Manager of the plaintiff has no
authority to file the suit. There is no conscious execution of the documents. The plaintiff
obtained signatures on some forms, without explaining the contents. The terms were
never agreed to. The loan has not become ovcrduc as it was payable in three years.
The defendant nos. 2 and 3 claimed that they have not obtained any money as
such the agreement is without any consideration, hence void. The defendants are not
jointly or severally liable. Thus the suit be dismissed with costs.

2. Discuss any four of the following :

(a) The consequences of breach of contract.

(b) Nature anil extent of an agent's authority.

(c) Novatlon of conh.act. Conditions to be satisfled before a party can claim novation
of contract.

(d) Specific performance of a part of contract and the circumstances in which it can
be granted.

(e) Difference between fraud and misrepresentation.

3. Write short notes on an11fotir of the following :

(a) Return of plaint and Rejection of plaint.

(b) Abatement of suit and setting aside abatement

(c) Powers of court in relation to Alternate Dispute resolution under the amended
pro\risions of the code oi Clvil Procedure 1908.
(d) Counter-claim and set off.
(e) Attachment before judgment.

4. Answer any four of the following :

(a) What is a n actionablc claim ? What are the condi~ionsto be satisfied for transfer
of an actionable claim ?

(b) What is o 'Ciit' ? What arc the conditions to be satisfied for a Valid Gift ? What
is the difference between a 'Gift' and 'Onerous Gift'.

(c) What is part perlurmance of a contract ? What are the conditions for claiming
protection under part performance ?

(d) What are the different modes of determination of a leaser under the Transfer of
Property Act 1882 ? What is holding over and its effect ?

(e) IIow lease of immovable property is created ? What is tenancy at sufference ?

P.T.O.
5. Answer any four of the following :
(a) What is a contract of sale by sample ? What are its implied conditions ?

(b) What is delivery of Goods ? What are the rules as to delivery under The Sale of
Goods Act 1930 ?

(c) What is a seller's lien ? What are the conditions where a seller's lien is terminated
under The Sale of Goods Act 1930 ?

(d) What is the doctrine of holding out under The Indian Partnership Act 1932 ?

(e) What is dissolution of a firm ? Enumerate in brief the different modes of dissolution
of a firm under the Indian Pdrtnrrship Act 1932.

6. Write short notes on any four of the following :

(a) The consequences of disobedience or breach of injunction

(b) Prelirninarv and final decree.
(c) Suits by indigent persons.

(d) Suits by person dispossessed of immovable property, as provided for in Specific

lielicf ;\ct 1963.

(e) Provisions regarding introduction and retirement of a partner under the Indian
Partnership Act 1932.
 X - W I . F - C . C ~ ) &fjy\rn
~ ) -2~128

MNT

Sr. NO. 101405

2008
PAPER-I1
Indian Penal Code, Evidence Act,
Code of Criminal Procedure, Essay o n Current Legal Topic

Time : 3 Hours Max. Marks : 100

N.B.: (1) Nos 12 nnd 13 are romp~rlsory.
Q~r(~s1ioii
(2) A~rsrr-erany six fro111 the rernninirr~questions.
(.3) Mnrks to enclr qirestioi~arc indicated b y figure in the rnorgin on right hand
(4) Nii~iiherof optional qrrestion LIP to the pr2scribed nurnber in the order iiz which
q~iestionsIrnrle been solued, u ~ i l lonly b? a.iseised rind excess nnsroers of the
i1nfitiori/s iriill not be nssessml.
(5) "Otlirr t l ~ n ncited cases, cnndirinte slzouid not ?[:rite roll number, izny nnrnes
(inslliiii~rl:tlzeir ortin), signntrrre, nddress or. n n y indicntion of their identity
i1111~irdier.einside tile nnsrr>izr.buuk otlzerzoise lle roil1 he pennliseri".

1. Write short notes on m y &lo :

(a) Crimincil intimidation
(b) Stoppage oi proceeding
(cj Criminal conspiracy
(d) Examin'ltion of accuseci

2. [lisiuss the provisions rt,garciing framing of charge ; contents of charge, joinder of 10

charge and alteration of charge.

3. \Yliat is dor\.rl, death ? Explain thr presumption u / s 113-0 of Evidence Act, when it is 10
lo be invoktlLiancl what is its effect on burden of proof ?

4. C:\pldin the difference between direct and hearsay evidence, state under which 10
cil.cutnstances Iiearsay evidence is admissible and what are the reasons for the same ?

5. (a) MJ1>ois all accomplice ? How his evidence is to be assessed 7

(b) Explain tender of pardon.

6. Discuss the difference between cheating, criminal misappropriation and criminal breach 10
of trust.
MNT

7. Write-short notes on arty tzuo :

(a) Public and private documents.
(b) Estoppel.
(c) Mistake of fact.
(d) Provisions for maintenance of wife and children.

8. When police can arrest a person without warrant ? IIow the arrest is to be effected ? 10
What are the precautions / steps to be taken hv police officer, after arrest of a person 7

9. Write short notes on :

(a) Use of the statement recorded by police.
(b) Confession made before police and extra - judicial confession.

10. Discuss the three relevant facts. 10

11. (a) What is the criminal trrspass ? When it amounts to lurking house tress-pass and 10
house breaking ?
(b) State the difference between theft and extortion

12. Write an essav on ally oire of the following : 20

(a) Human trafficking.
(b) Use of Narco Analysis, Rrain-mapping and Lie Detector tesl in inyestiption.

13. Write a judgment on following lacts : 20

Specify proper points lor cletermination and give reasons for your conclusion on each
point for determination. Conclude (lie judgment by proper and final order. To the
extent i t is necessary to elaborate appreciation of oral and documentary evidence, you
are at liberty to fill in the leta ails in the case from your im,igination.

The prosecution c,lse is as under

Manish and Ncha were studying together in one college nt Punc. They fell in love
with each other and decided to get married. As both of them were belonginfi to different
caste, thev apprehended t h ~ their
t tamilivs will not ~1pprove. Hence, they decided to
run away. On 2/7/08, Nch,~leaves the house in the m o r ~ ~ i r on i g pretext of going to
college. She meets Manish at Swargate Bus Stand , ~ n dboth of them went in S.'f.Bus to
Satara. As Neha did not return to the house, her father made inquiry and from her
friends he came to knolv about her love affair with Manish. Fle locigeci complaint
against Manish. Police took the se.lrch and brought both hilanisli and Neha to Pune on
next dav. Both of them were referred lor medical e x ~ m i n ~ t i o nManish
. was arrested
and after completion of investigation, police filed charge-sheet against Mm~ish.

At thc trial Neha states her age as running 17 years and admits her love affair
with Manish. IHer fathcr states her age as running 16 vcars. lloctor states as per
ossification test her age is in between 15 to 17 y e x s .

Defence of Manlsh was that at the insistence of Netla, he eloped with her