Gujarat Judiciary — Mains 2017

Answer the questions : (any two) - Enumerate the provisions of the commencement of proceedings before the Magistrate. - State what are the contents of the charge, the consequences of defect in framing of charge and when can charge be altered or amended. - Explain the law relating to circumstantial evidence. - What are the nature of reliefs which can be granted under the provisions of the Protection of Women from Domestic Violence Act ?

Explain in brief : (any two) - “Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.” State the exceptions to this rule. - 'Oral evidence in all cases must be direct. Explain this rule with illustrations and exceptions. - Relevance of Motive and Intention in Criminal Law. - Explain in brief the historical background of Probation Law in India.

Discuss in detail : (any two) - Maintenance of Wife, Children and Parents. - Evidence has to be Weighed and not Counted. - Powers of Magistrate under the Protection of Women from Domestic Violence Act. - Prohibition of determination of sex of a foetus.

Answer the questions : (any two) - Difference between Theft and Extortion. - Difference between Common Intention and Common Object. - Difference between Simple Hurt and Grievous Hurt. - Difference between Admission and Confession.

Write Short Notes : (any two) - Dowry Death. - Right of Private Defence. - Importance and Relevancy of Case Diary.

Write Short Notes : (any two) - Juvenile Justice Board and its Powers. - Laability of Company under Section 138 of the N. 1. Act. - Cognizance of Offences and jurisdiction of Court in the context of dishnour of cheque.

State whether True or False : (any five) - Offence punishable under Section 304-A of the IPC, causing death by rash or negligent act, is Non-bailable. - Offence punishable under Section 352 of the IPC, assault or use of criminal force otherwise than on grave provocation, is Noncognizable. - Offence punishable under Section 338 of the IPC, causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of the others, is compoundable. - As held by the Apex Court in the case of Lalitakumari Vs. State of U.P, it 1s not mandatory for the PSO to register the FIR in cognizable offences. - Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of case, has been clarified by the Supreme Court recently in the case of Anirudhh Vs. State of Gujarat. - The decision in the case of Dashrath Rupsinh Rathod Vs. state of Maharastra is in reference of validity about of service of notice through e-mail in N.I. Act offences.

Draw the Order granting or refusing Bail : - First Information Report being CR No. 1 302/2017 for the offence punishable under Sections 406, 417, 420, 467, 468, 471, 477 and 114 of the IPC, is registered with Dediyapada Rural Police Station on 9.3.2017, against the applicant-accused Chimanbhai Vasava and five others. The applicant-accused Chimanbhai has been arrested by the Investing Officer on 17.3.2017 at 11.00 am and then produced before the Ld. Magistrate, Dediyapada on 18.3.2017 at 10.30 am. At the time of production, the accused himself made complaint against the Investigating Officer about ill-treatment. An application for bail has also been submitted by the accused Chimanbhai through Ld. Advocate Mr. Tamakuwala stating that there is no prima facie case, investigation qua the applicant is almost completed, he is the permanent resident of Dediyapada and he possesses immovable properties within the jurisdiction of the Court. Mr. Afinwala Assistant Public Prosecutor has strongly raised objections against the bail application submitting that the coaccused persons are absconding, investigation is going on, muddamal articles are still to be recovered, alleged offences are serious in nature, there 1s possibility of tampering with the evidence and as the applicant-accused also possesses Passport, there are chances of fleeing from justice therefore, discretion should not be exercised in favour of the applicant-accused.

Answer the questions : (any two) - That are the essentials of pleadings ? - What are the exceptions to the rule of “No consideration, No contract” ? - Can a minor be admitted as a partner of a firm ? If so, can he subsequently ratify or revoke such partnership. Describe the rights and liabilities of such minor partner.

Explain in brief : (any two) - Explain the provisions, as also principles to invoke the jurisdiction of Civil Court. - ‘The Executing Court cannot go behind the decree. However, it does not mean that the Court has no duty to find out the true effect of the decree. - Explain 'The doctrine of frustration' according to the Contract Act with illustrations. - “Law of limitation simply bars judicial remedy, it neither affects extra judicial remedies nor the substantive right itself” Comment.

Discuss in detail : (any two) - Mention the various types of injunctions and discuss how far it is correct to say that injunction is purely a preventive relief. - The provisions and principles with regard to Summary Suits. - 'All contracts are agreements, but all agreements are not contracts.' - ‘The liability of a surety is co-extensive with that of the principal debtor.' \

Answer the questions : (any two) - Difference between a contingent contract and a wagering agreement.

Write Short Notes : (any two) - Amendments of Pleadings. - Attachment before Judgment. - Lis Pendens. - Effect of Non-registration of a Firm.

Write an Essay only in English : (any one) - (Answer in Gujarati/Hindi to this Question-6 will not be considered.) - ADR Mechanism. - Legal Aid — Ambit and Scope in Indian Judicial System. - Principle of Natural Justice.

State whether True or False : (any five) - In Gujarat, as per the recent amendment, the pecuniary limit of Jurisdiction of a Court of Civil Judge is Rs. 10,00,000/-. - The principle of Res Judicata applies also as between two stages of the same litigation. - Even if the guardian of the minor fails to execute the decree passed in favour of the minor, the right of the minor to execute the decree within three years, after attaining majority, is not affected. - Court 1s duty bound to dismiss the suit which 1s barred by limitation, irrespective of question, where issue was raised or not by the defendant. - Even an unregistered partnership firm can initiate criminal proceedings. - As per the recent amendment made in the Gujarat Court Fees Act, now process fees are not required to be paid in any Civil or Criminal proceedings.

Draw the Order granting or refusing exparte interim injunction : - An agriculture land Survey No. 723 of village Ranakpur Talkula Dwarka is an ancestral property. The plaintiff Omprakash is a government servant and residing at Valsad with his family, since last more than 12 years. The defendants Ramprakash and Krishnaprakash, brothers of the plaintiff, are residing at village Ranakpur since beginning and cultivating the land jointly. As per say of the plaintiff, every year 1/3 share of the profits is being given to him by the defendants. It is the case of the plaintiff that due to considerable rise in the value of the land, his brothers have now declined to give him share saying that he is residing separate since last more than 12 years at Valsad and has not spent any amount towards development of the land in question. It has been alleged by the plaintiff that the defendants are trying to dispose of the said ancestral land without the consent of the plantiff. The plaintiff has therefore, filed the suit for declaration and permanent injunction. Along with the plaint the plaintiff has also submitted an application (Ex. 5) for interim injunction in respect of transfer and possession of the land, and also claimed relief to restrain the defendants from prohibiting the plamntiff in entering in the suit land.