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Bils - Paper I

The document outlines the examination paper for Articled Clerks, focusing on Practice and Procedure, with a total of 100 marks. It includes various questions on legal concepts such as Summary Suits, Court Receivers, Temporary Injunctions, Exparte Decrees, and Public Interest Litigation. Additionally, it features true or false statements regarding legal procedures and concepts.

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1K views2 pages

Bils - Paper I

The document outlines the examination paper for Articled Clerks, focusing on Practice and Procedure, with a total of 100 marks. It includes various questions on legal concepts such as Summary Suits, Court Receivers, Temporary Injunctions, Exparte Decrees, and Public Interest Litigation. Additionally, it features true or false statements regarding legal procedures and concepts.

Uploaded by

legallyindia
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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EXAMINATION OF ARTICLED CLERKS PAPER I PRACTICE AND PROCEDURE Date: Monday, 13th May 2013 Time: 3 hours (1.

00 pm to 4.00 pm) (Total Marks -100)

Q1 (a) (b) Q2 (a) (b) Q3 (a) (b) (c) Q4 (a) (b) (c) (d) (e) (f) (g) Q5 (a) (b) Q6

What are the essential averments which a Summary Suit must contain? When would you advise your client to file a summary suit?

6 4

What are the circumstances under which a Court shall pass an order appointing a Court Receiver? Draft a prayer for appointment of Court Receiver.

6 4

What are the steps to be taken for obtaining Temporary Injunction? Enumerate three instances in which a Court may grant Temporary Injunction. Draft a prayer seeking Temporary Injunction. Please discuss any four of the following: Revision Writ Jurisdiction Suits by Indigent Persons Commercial Causes Contempt of Court Compensatory Costs Foreign Award

2 6 4 20

Under what circumstances will a Court pass an Exparte Decree? What steps will you take for setting aside an Exparte Decree?

2 6

Who may apply for the issue of originating summons and in respect of what matters? Or

8 8

Q6

Please discuss Interpleader Suit.

Q7 (a) (b) Q8 (a) (b) Q9 Which are the contracts which can be specifically enforced? Please discuss Public Interest Litigation. 6 6

Suit to include the whole claim. Please discuss. Please draft a Petition for leave under Clause XII of the Letters Patent. Are the following true or false:

4 6 10

(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)

Letters of Administration includes letters of administration with the will annexed. Application for attachment of property of an absconding witness may be disposed of by the Judge in Chambers. Writ of Summons can be served at the office of the Advocate upto 6.00 p.m. on week days. Notice of Motion along with Affidavit in Support shall be served fourteen clear days before the return of the Notice of Motion. Writ of Summons can be served on Sundays with leave of the Court. An advocate can appear on both sides in a Suit if the parties to the Suit have no objection. Any person intending to oppose the grant of probate has to normally file a caveat within 21 days from the service of the citation upon him. Appellate Court does not have the power to frame issues and refer them for trial. The Speaker of the House of the People shall be entitled to exemption from personal appearance in Court. Copy of the order appealed from need not accompany the Memorandum of Appeal.

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