JSM
Procedural Laws

Time: 2}hours
Full Marks: 150
The figures in the rigl1t-hand margin indicate marks.
Answersix questions, selecting two from
Section two from Section -Band
two from Section -C.

Section-A
1. A was tried for causing grievous hurt to Band was convicted. Later, B succumbed to his injuries. A is now tried forculpable homicide of B. Decide, giving reasons, whether he is guilty or not. 10

Discuss thejustification of Plea Bargaining in criminal trials. . 10


Distinguish cognizable offences from non-cognizable offences. 5


·2.· What factors should be taken into consideration while considering a bail application in non-bailable offences? 10
WN-2/3 (TUn) over)


The parents of A lodged a complaint with the school and also the local police wherein they alleged that their minor son was sodomized by the warden of the schoolhostel. apprehending arrest,
. moved an application for anticipatory bail under Section 438 Cr. P. C. Will he succeed?
10
An accused is arrested in a bailable offence and he is released on the bail. During trial, he absconds and non-bailable warrants are issued against him. Later, the police arrested him and produced him before theCourt. InCourtthedefencecounsel pleads for the release of his client on bail under Section Cr. P. C. which provides that aperson accused of a bailable offence shall be released on bail? Can the Court in such circumstances, refuse to release him on bail Give reasons briefly. 5
3. State the formalities to be observed in recording a "confession". 10
WN-2/3 Contd.

What is a Police Diary and what are its· objects Also state as to how the Police Diary can be used by an accused. 10


A is charged of double-murder and while in police custodyA made astatement wherein he stated that "I accept that I had killed my 2nd wife, and my step daughter. Later, I buried their dead bodies in the courtyard of myhouse". 5


Discuss the relevance of such confession made byAwhile in police custody..
4. Describe briefly the principal features of a fair trial. 10
Discuss the rights ofthe arTested person with the help of constitutional and other statutory provisions and their interpretation by the Supreme Court of India. 10
. A took a bi-cycle on hire from B at Cuttack after entering into a written contract. Later, instead of returning it to he deposited it with C at Bhubaneshwar as a security for an advance of Rs. 150. Has the Court at Cuttack jurisdiction to try him for the offence of
WN-2/3 (Turn over)
criminal misappropriation and criminal breach oftrust. 5
Section-B
5. state and elucidate the essential features of the rule of res-judicata. 10
A suitis filed by W against her husband under Section 9 ofthe Hindu Marriage Act claiming restitution of conjugal right. Her husband contested this suit and contended that their marriage stood dissolved by a decree of divorce. Insupportofthiscontention hefiled in Court a certified copy of a "foreign judgement" which had dissolved their marriage.
Sate the circumstances under which a ''foreign judgement" would not operate as "res judicata". 5
A landlord filed a civil suit for possession against a trespasser, in the Court of the District Judge. Later he filed another suit against T in the same Court claiming mesne profits. In the 2nd suit T contends that the suit is not maintainable inthe light of Section 12 read along with 0.2, Rule C. P. C. 10
WN-2/3 Contd.
6. Discuss the rules and well established
principles relating to transfer of a civil suit. 10

Discuss. where the suit will lie in case of breach of a contract. 10


Discuss the rules relating to service of summons on a pardanashin lady. 5


7. What do you understand by the term "mesne profits" For what period of time the plaintiff can recover "mesne profits" from the defendant and what are the principles forcalculation of"mesne profits"
10

What is an ex-parte decree and how is it passed? 10


Whendoes anauctionsaleinexecutionofa decree bec'ome absolute? . 5


8. Explain, with the help of illustrations, the principle of restitution. 10

Discuss the meaning, objects, nature and scopeofinherentpowersoftheCourt. 5


Elaborate the salient features of "Summary Trial" as contained in Order 37, C. P.C. 10


WN-2/3 (Turnover) Section
9. With the help of illustrations, explain and distinguish between Primary and Secondary
•
Evidences. 10
X wrote a letter to Y asking him to supply inflammable explosives. for blowing up a· Government hospital.' Y took some time hi sending it. In the meantime, X wrote another
. .
letterto Y seeking;reasons about the delay. However, before the second letter could reach X received the inflammable explosives sent by Yand Xused the same in blowing up a hospital.
In case of conspiracy, prosecution wants to produce both these letters. Discuss and decide whether they are admissible or not?
10
A and B are being prosecuted for murder of
Cby a pistol and in the Court the prosecution 'proves thatA and B had plotted to kill C.
WN-2/3 Contd.
In defence, A pleads that he is not guilty of murder of C as the fingerprints on the murder­weapon are only of B. Decide, giving reasons. 5
10. Explain, with the help of illustrations, the doctrine of "estoppel". Differentiate "estoppel" with "promissory estoppel". 10

"There can be no estoppel against statute." Elucidate with the help of illustrations. 5


"A" filed a paternity suit against a prominent politician. During trial "A" filed an applicatio'n in seeking directions for DNA testof "P" to prove that "P" is his biological father. Discuss the Indian law on this issue. 10


11. Can a wife be compelled to give evidence against her husband in a civil case and also in a criminal case? 10
What are "professional communications"? Explain with the help of illustrations. What
'professional communications between a client and his legal adviser are protected from disclosure? 10
WN-2/3 (Turn over)
Who is an expeJt? What are the subjects on which an expert is competent totestify? 5
12. What is a "fact"? How is it different from in issue" Explain with the help of atleast two examples. 10
"There is no absolute Rule of Law or even a rule of Prudence that dying unlEiss corroborated by independent evidence is notfit to be acted upon and made the basis of conviction." Discuss this
statement with the support of case law.
Explain, with the help of illustrations, any two rules, except the rule of dying declaration, relating to relevant facts. 10
Can the statement made by the one partner bind all partners in a dispute between partnership firm and third party? Explain, giving reasons, the relevant provisions ofthe Evidence Act. 5


WN