Karnataka Judiciary — Mains 2017

Write short notes on any two of the following questions. 5x2=10 Marks (a) Set off and counter claim (b) Principles relating to Res Judicata (c) Garnishee order Answer any two of the following questions in this part. 10x2=20 Marks

Discuss the principles governing the appointment of Receivers under the Code of Civil Procedure, 1908. What are their powers and duties? Can a collector be appointed as a Receiver?

Critically analyse the provisions as prescribed by the Code of Civil Procedure, 1908 for settlement of disputes outside the court. What are the different modes of settlement as provided under the Code of Civil Procedure, 1908?

What are the requirements of pleadings? How denial should be pleaded? What is the procedure for amendment of pleadings? Can it be permitted? PART II The Code of Criminal Procedure, 1973

Write short notes on any two of the following questions 5x2=10 Marks (a) Cognizable and Non-Cognizable offences (b) Trial, Enquiry and Investigation (c) Complaint and Police Report. Answer any two of the following questions in this part. 10x2=20 Marks

The Criminal Law (Amendment Act), 2013 has substantially changed the law in relation to sexual offences in India. Discuss and summarise the amendments to the Code of Criminal Procedure, 1973 by the Criminal Law (Amendment Act), 2013.

Discuss the provisions of bail available under Sections 436 and 437 of the Code of Criminal Procedure, 1973 vis-a-vis Section 436A inserted by the Code of Criminal Procedure (Amendment) Act 2005. Evaluate the significance of insertion of section 436A.

Give a brief account of general provisions of trial in warrant cases as contained in the Code of Criminal Procedure, 1973? PART III The Indian Evidence Act, 1872

Write short notes on any two of the following questions 5x2=10 Marks (a) Dying declaration (b) Testimony of an accomplice. (c) Hostile witness Answer any One of the following questions in this part. 10x1= 10 Marks

Explain the differences between Primary and Secondary evidence.

Distinguish between 'may presume', 'shall presume' and 'conclusive proof' PART IV The Constitution of India

Write short notes on any two of the following questions. 5x2=10 Marks (a) Habeas corpus (b) Fundamental duties (c) Preamble of the Constitution of India Answer any One of the following questions in this part. 10x1=10 Marks

Discuss the power of the President to proclaim an emergency. What changes have been brought in this respect by the Constitution 44th Amendment Act?

Describe the procedure for carrying out amendments in the Constitution of India? Can fundamental rights be amended?