civil procedure code and limitation act dec 2009

33-67-501THREE L.L.B DEGREE EXAMINATIONS DECEMBER-2009.

FIFTHSEMESTERPAPER -1 CIVIL PROCEDURE CODE AND LIMITATION ACT

(Semester pattern 2001-2002)Time: 3 Hours Max Marks: 100

Part-A (Short Answer Questions)Write short notes on any six questions of the following

Each question carries 4 Marks

(Marks: 6x4=24)

1. Interim Ordure.

2. Suits against Minors.

3. Interpleder suit.

4. Constructive Res Judicata.

5. Revisional Jurisdiction.

6. Legal disability.

7. Rules of pleadings.

8. Notice U/Sec.So of C.P.C.

9. Framing or issues.

Part-B (ESSAY TYPE QUESTIONS)

Answer any Two of the following

Each question carries 18 marks

(Marks: 2x18=36)10. Explain the meaning of place of suing. Discuss whether a suit for arrears in respect of a house at Hyderabad is maintainable at Tirupati, if the defendant resides and works for gain at Tirupati.

11. What properties are not liable for attachment and sale in execution of Decree?

12. Define and explain reference, Review and Revision.

13. What are the requisites of a valid acknowledgment? What is its effect on limitation? Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. A files miscellaneous application for setting side an exported order passed in his suit. The miscellaneous application is dismissed what is the remedy open to A? 15. A plaint is presented to a court for the recovery of Rs. 70,000 the suit claim is in excess of the pecuniary jurisdiction of the court to reject the plaint. Examine the validity of jurisdiction of court.

16. A n employee of American embassy in India took an amount of Rs. 10 lakes on promissory note from B, n Indian on Defauit can b file civil suit before Indian courts. Discuss. 17. A suit was filed against X, minor, in the court t Guntur, Advice him on the matters of defense in the case. 33-67-502THREE L.L.B DEGREE EXAMINATIONS DECEMBER-2009.

FIFTHSEMESTERPAPER -2 CRIMINAL PROCEDURE CODE, JUVENILE JUSTICE ACT AND PROBATION




(Marks: 6x4=24)

1. Public prosecutor.2. Joinder of Charges.

3. Search Warrant.

4. Parole.

5. Trial of Insance Persons.

6. Discharge and Acquittal.

7. Juvenile Home.

8. Approver.

9. Inquiry and investigation.

Part-B (ESSAY TYPE QUESTIONS)



(Marks: 2x18=36)10. Explain the meaning of bail. What is the significance of classifying offences as boilable and non-boilable? Can bail be granted in case of a non-bible offence?

11. Discuss the provisions of the code of criminal procedure with regard to trial by court of sessions and trial in a warrant case. 12. What are the constitutional safeguards provided to an accused person?13. Examine the salient features of the probation of Offenders Act 1958.Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. X, absconds after committing a crime. How can he be compelled to appear before the court? What action may be taken by the court, if B does not appear?

15. A wife, who is unable to maintain herself, files an application calming maintenance against her husband under section 125 of Cr.P.C. she also requests the court to order for interim maintenance pending final disposal of the matter. The husband objects the demand of interim maintenance on the ground that there is no such provision in the said section of the code. Decide.16. A was arrested by a police party from his house kept in a secluded building for five days without informing any person about the arrest or the place of his detention. For all these days A was neither told about the reasons or grounds of his arrest nor permitted to contact any person. Ager five days confinement a was released and informed that he was free to go anywhere. What are the illegalities involved in the above arrest process? Advices.

17. Madan lodges a complaint that his wife Bharthi had been defamed by the imputation of unchastely to her Can Bharathi lawfully compound the offence without the consent or against the wishes of Madan? Decide.

33-67-503THREE L.L.B DEGREE EXAMINATIONS DECEMBER-2009.

FIFTHSEMESTERPAPER -2 LAW OF EVIDENCE




(Marks: 6x4=24)

1. Hearsay evidence.

2. Trap witness. Ancient documents.3. Ancient documents.

4. Ex-opinion.

5. Re-examination.

6. Fact-in-issue.7. Conclusive proof.

8. Child witness.

9. Accomplice.Part-B (ESSAY TYPE QUESTIONS)



(Marks: 2x18=36)10. All relevant facts are admissible and all irrelevant facts are rejected Comment.

11. Define a confession Distinguish it from admission and explain involuntary confessions.

12. What is presumption? What are the various presumption allowed under the Indian Evidence Act?13. Distinguish between Burden of proof and Onus of proof. What is the distinction between civil and criminal cases regarding standard of proof?Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. A and B were married in 2002 and have two children. B the Husband underwent a vasectomy operation in 2006. In 2007, a wife delivered children. Id it a legitimate child? How can it be proved that b is the father of child?

15. X died of injuries received in an attack. Before his death he went to police station and lodged a report clearly stating details of attack on him. Decide the question can an FIR be used as a dying declaration in this case an FIR be used as a dying declaration in this case? Explain.

16. A committed murder of B. He went to X, an advocate, disclosed all the facts to him and asked him to defend his case. X refused there upon A engages Y as his advocate. At the trail X appeared as a prosecution witness and whetted to prove the confession made to him by a. Is that admissible? Advice. 17. Raj claims Rs 10 lakes from National insurance company under fire policy. The company contends that it is not liable as the fire was not accidental, but intentional. To prove the same, it brought evidence that Raj lived in several houses and insured them, in each of which a fire occurred and Raj revived insured mount is the evidence relevant? Discuss. 33-67-505THREE L.L.B DEGREE EXAMINATIONS DECEMBER-2009.

FIFTHSEMESTERPAPER -5 LAW OF BANKING(Semester pattern 2001-2002)Time: 3 Hours Max Marks: 100



(Marks: 6x4=24)

1. Bill of Exchange.2. Endorsement.

3. Holder and holder in due course.

4. Accommodation Bills.5. Deposits.6. Credit control.

7. Cash Reserve.

8. Amalgamation of Banks.

9. Bankers Lien.Part-B (ESSAY TYPE QUESTIONS)



(Marks: 2x18=36)10. Describe the various types of customers of a Bank. Explain the position of a minor as a customer of a Bank.

11. What is the legal status of a Bank draft? Is it cheque or Bill of Exchange?12. Define a holder in due course. What are his privileges under the Negotiable Instrument Act.

13. Briefly state powers and functions of Reserve Bank of India under RBI Act, 1934. Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. A executed a promissory note in favors of B. Without Bs demanding payment. A paid the money due on the note to b but left the note in his hands. Subsequently, b indorsed the note to C for consideration. C had knowledge of the payment made by . C hd knowledge of the payment made by A. c brings a suit against a and b for recovery of money on the pre-note will he succeed against either or both? Decide.

15. Cheques payable to company were indorsed by director to himself in his capacity as director and paid into his personal account with bank for collection. The bank received the money and allowed him to withdraw. Is the bank libel to the company for conversion of its cheques? Decide.

16. A break open Bs cheque book. He then forges Bs signature on a cheque and obtains money on it from Bs signature on a cheque and obtains money on it from Bs banker and then disappears. Who should bear the loss, B or the Bank?17. A customer of commercial bank deposited Rs. 5 lakhs for a period of Ten years making believing his girl-friend that she is entitled that amount after maturity as she is the nomine Much before the maturity data the customer died. Both the wife and girl-friend claimed that amount. Advise the Bank. 3367501THREE L.L.B DEGREE EXAMINATIONS FEBRAURY-2009.

FIFTHSEMESTERPaper -1 CIVIL PROCEDURE CODE AND LIMITATION ACT

(Revised Regulations w.e.f. 2001-2002)Time: 3 Hours Max Marks: 100



(Marks: 6x4=24)

1. Res sub-judice.

2. Sufficient cause.

3. Written statement

4. Inter pleader suit.

5. Revision.

6. Acknowledgement.

7. Distinguish between Order and Decree8. Judgment debtor.

9. Foreign Judgment. Part-B (ESSAY TYPE QUESTIONS)



(Marks: 2x18=36)10. What are the different modes of service of summons under the Code of Civil Procedure?

11. Discuss the different modes of execution of a decree.

12. What is meant by Review? Explain the grounds on which a court can review its own judgment.

13. The Limitation Act with regard to personal actions bars the remedy, without extinguishing the right. Explain the implication of this statement. In what causes the expiry of period of limitation extinguishes the right itself.

Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. A wants to prefer summary suit against B for enforcing bill of exchange. Advice him on the relevant provisions of civil Procedure Code. 15. Mrs. Pranitha, has obtained decree of divorce from o court in U.S. against her husband Mr. Venkar Mr. Venkata was not served with notice of the US proceedings is Mrs. Pranitha, has right to enforce the divorce decree before decree before Indian Courts? Advice.16. A obtains a decree against B and took delivery of possession of property. B preferred an appeal and the appeal court reversed the lower court decree. What divorce decree before. What is the remedy available to b under C.P.C.?

17. A sues B for compensation on account of Trespass. B holds a promissory note for Rs. 10,000 from A. B claims to set off that amount giant any sum that A may recover in the suit. Is B entitled to claim set off? Give reasons. 3367502THREE L.L.B DEGREE EXAMINATIONS FEBRAURY-2009.

FIFTHSEMESTERPaper -2 CRIMINAL PROCEDURE CODE, JUVENILE JUSTICE ACT ND PROBATION OF OFFENDERS ACT




(Marks: 6x4=24)

1. Non-Cognizable Offence.2. Prosecutor.

3. Executive Magistrate.

4. Acquittal.5. Compoundable offences.

6. Revision.

7. Inquest report.

8. Disposal of property in criminal cases.

9. Probation.Part-B (ESSAY TYPE QUESTIONS)



(Marks: 2x18=36)10. Under what circumstances a search warrant can be issued by the court? Explain the Procedure for conducting a search. 11. Who is entitled to get the maintenance under Criminal Procedure Code? A person who is ordered to pay the maintenance neglects to pay the same. State the consequences in the regard. Is wife who is living in adultery entitled to get the maintenance in the court?12. What is FIR? Explain the procedure for recording of FIR state any difference between FIR states any difference between FIR and complaint under Cr. P.C. 13. Examine the role of judiciary in the protection of juvenile Offenders. Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. If a person arrested on the accusation of bailable offence is refused bail, will the detention of such person be considered illegal? What are the remedies available against the police officer or the judicial officer who refuses to grant bill in available case. 15. More than two years ago A was sentenced to death but the sentence has not been executed so far. A move the court that his death sentence be commuted to imprisonment for life as there was undue delay in the execution of death sentence. Decide.

16. X is travelling from Tirupati to Chennai by Train. During the night, his brief case is stolen. The theft is discovered at Chennai. Y is caught with the stolen Brief case of Hyderabad. Where can Y are tried for theft? Give reasons.17. A who is convicted by trial court and punished with imprisonment for two years, fields an appeal against the side conviction, but dies during the pendency of the appeal. His son B submits application and requests that appeal be finally decided. Decide. 3367503THREE L.L.B DEGREE EXAMINATIONS FEBRAURY-2009.

FIFTHSEMESTERPaper -3 LAW OF EVDENCE




(Marks: 6x4=24)

1. Estoppel.

2. Circumstantial evidence.

3. Res Gestae.

4. Golden rule of evidence.

5. Chief examination.

6. Expert evidence.

7. May presume.

8. Burden of proof.

9. Public document. Part-B (ESSAY TYPE QUESTIONS)



(Marks: 2x18=36)10. Explain the principles regarding the admissibility of Dying Declaration. Why and when are dying declaration relevant? 11. Oral evidence must, in all cases whatever, be direct. Explain and state the exception to this rule.

12. Write n essay on privileges relating to the affairs of state.

13. Discuss the law relating to secondary evidence. State when secondary evidence is admissible to prove the contents of the documents. Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. A, a married women had written letters to her parents and other relative about her critical condition at the hands of her in law and husbands brother. She died within three months thereafter. Are these letters relevant in prosecution against them?

15. A owns a plot of land in Hyderabad. He called a surveyor to identify his land. After that he started construction of a house on the neighboring plot of land belonging to B. B was making frequent visits to As house during contraction. After the completion of the house. B claims that since the house is built on his land, the house also belongs to him. In the alternative, he claims compensation from a. Advise A and B.

16. X is accused to a murder. At the trail, the prosecution produced three eye witnesses. A, who is child of 7 years of age, B, who is lunatic and C, who is a lunatic and C, who is the wife of X, are these witnesses competent?

17. X, launched a police complaint that she was raped by one y, At the trail of the case, Z brings evidence to show that X is of a general immoral character. X objects saying that under the law, character of parties to the case is not admissible. Decide. 3367505THREE L.L.B DEGREE EXAMINATIONS FEBRAURY-2009.

FIFTHSEMESTERPaper -6 LAW OF BANKING (Revised Regulations w.e.f. 2001-2002)Time: 3 Hours Max Marks: 100



(Marks: 6x4=24)

1. Pass book 2. Over draft.

3. Banking companies.

4. Travelers cheque.

5. Joint account

6. Doctrine of Reinstatement.

7. Reserve Bank of India.

8. Amalgamation a Banks.

9. Garnishee order. Part-B (ESSAY TYPE QUESTIONS)



(Marks: 2x18=36)10. A Bankers is required to observe strict secrecy in regard to his customer account explain.

11. Discuss the previsions relating to cross of cheques and various kinds of crossing of cheques.

12. What are reforms in Indian Banking Law?

13. Define a holder in due course? What are his privileges under the Negotiable Instrument Act? Part-c (Case Comment Type questions)Answer any two questions


(Marks: 2x20=40)

14. A draws a cheque for Rs 10,000 and by mistake he left banks the amount both in words and figures and presented to a stranger B. B fraudulently raised the amount to Rs. 1,00,000 on the cheques and cashed from the Bank of the customer a. what is the position of the Bank?15. X purchased goods by issuing a cheque for Rs. 5,000 from y. When Y presented the cheque for payment the bank has returned with the remarks that the payment was stopped by X. These were sufficient funds in the account of X. Advise Y. 16. A cheque drawn by A and payable to B passed by endorsement through the hands of several persons had ultimately endorsed in favour of E. The cheque was dishonored on account of want of funds. Advice E. 17. A Customer of a bank deposited Rs. 10 lakhs for a period of Ten years making believing his father that he is entitled to that amount after maturity as he is the nomine. Much before the maturity date the customer died. Both the wife and father of customer claimed. Advise the Bank.

civil procedure code and limitation act dec 2009

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