12 W B C S Judicial Compulsory Question Paper- 2 0 1 8 WBCS Judicial Compulsory Question Paper- 2 0 1 8 1 3

(b) Explain oral evidence and hearsay evidence. 5 2.(a) "Mental acceptance is not sufficient to create a valid contract."—
4. Write short notes on the following : Discuss.
(i) Examination-in-chief (ii) Cross-examination (iii) Re-examination. (b) By telephone X makes an offer to B for purchase of his Maruti car
5+5+5 for Rs.3 lakhs. B says "I am ready to purchase the car for Rs.3 lakhs but
Group—B as soon as B starts to speak, the telephone line becomes dead and due to
this X fails to hear the reply. B does not say anything and claims that
Answer Question No. 5 and any TWO from the rest.
contract has been created. Will he succeed?
5.(a) Explain the term 'Competent to testify' under the Indian Evidence (c) A knows that the railway company will not give him the contract.
Act, 1872. Discuss the competence of a lunatic to testify. 8 + 7 Thus, A makes an agreement with B under which B is to apply for the
(b) "Evidence is to be weighed on the basis of quality, not quantity"— contract and after the contract being obtained A will work as actual contractor.
Discuss. 5 A file a suit to enforce the agreement. Will he succeed? Decide. 4+3+3
6.(a) What is 'Primary Evidence'? 8 3.(a) " A Contract may be a contingent contract"—Explain the meaning,
(b) Discuss the concept of 'hostile witness' from the point of view o f Characteristics and rules regarding contingent contract. 2 4 - 3 + 3
the Act. 7 (b) A agrees to pay B Rs. 1,000/- i f B will marry A's daughter, "C. C
7.(a) Who is an expert? 7 was dead at the time of the agreement. Is the agreement valid? 2
(b) "Views o f third persons often help the Courts form an opinion"— 4.(a) Aditya had two digital cameras, say, camera P and camera Q. He
Discuss. 8 had offered his camera P for sale to Basant for Rs. 10,000/-. Basant had
8.(a) Discuss the concept of privileged communications. 7 readily accepted the offer. However, at a latter date, it was revealed that
(b) (i) ' A ' disclosed to his lawyer that he is guilty o f an offence and Basant was under the impression that Aditya had only one camera Q and
should be defended—Discuss. 4 so he had thought that he had purchased that very camera Q from Aditya.
(ii) Define 'Conclusive Proof . 4 As against this, Aditya had offered for sale his camera P, instead, and not
his camera Q. Do you think that the abovementioned agreement would
constitute a valid agreement, enforceable in law? Give reasons for your
LAW OF CONTRACTS AND TORTS answer. 4
(b) Shaukat Ali had threatened Karamatullah that he will kill his wife
Time Allowed : 3 Hours Full Marks : 100 Abida Begtun if he does not pay him a sum of Rs.5,00,000/-. Karamatullah
Group—A had got scared and so he had readily agreed to pay the amount o f
Rs.5,00,000/- to Shaukat Ali., as was demanded by him, and finally he had
Answer all questions : paid the amount, as per his promise.
1.(a) "No estoppel against a minor"—Discuss. (i) Do you think that a valid agreement had been entered into between
(b) X, tenant has occupied the 10th floor of a building. The owner of the Shaukat Ali and Karamatullah in the instant case? Give reasons for your
building has failed to maintain the lift in order. X claims damages therefor. answer.
The owner pleads that there has been no provision in the contract as to the (ii) Can Saukat A l i be asked to refund the amount to Karamatullah
under any provision of law contained in the Act? I f so, quote the relevant
obligation of the owner for maintaining the lift in order. Can the owner
Section of the Indian Contract Act, 1872 to substantiate your point of view.
avoid the liability on this ground?
3+3
(c) A, B and C are members of a family. There is a partition in the
5.(a) "The liability of surety is co-extensive with that of the principal
family. On partition of the property, A, B and C promises to pay the expenses
debtor". Discuss,
for the marriage of an unmarried girl, M of the family. But afterwards they
(b) What is the extent of liability of the principal when his agent exceeds
refuse to do the same. When M brought an action to enforce the agreement
authority?
made between A, B and C, they gave the argument that since M is not a
(c) A, without B's authority, lends B's money to C. Afterwards B accepts
party to contract she cannot enforce the contract. Is the argument justified?
interest on the money from C. Discuss the rights of A, B and C. 4+4+2
4+3+3
14 W B C S Judicial Compulsory Question Paper-2018
WBCS Judicial Compulsory Question Paper-2018 1 5
Group—B
Answer all questions : (b) Explain the expressions 'condition precedent' and: 'condition
subsequent'.
6.(a) "Motive is generally not relevant in detefmining the liability for 4.(a) Explain the doctrine of part performance. 8 + 7
tort—it is not the same thing as intention." Comment. (b) What is meant by L is pendens? What are its effects on a transfer
(b) In tort, there is a concept of "Pigeon-hole theory" developed by of property? 7 + 8
Salmond. Discuss. 5 1 - 5 Group—B
7.(a) Mention the various elements of strict liability with reference to
Answer Question No.5 and any TWO from the rest.
the principle of Rylands Vs, Fletcher.
(b) "There are certain exceptions to the rule in Rylands Vs. Fletcher." 5. Define sale of immovable property. How is sale effected?
Explain those exceptions in brief. 5 + 5 Distinguish between sale and exchange. Discuss the liabilities of seller
8.(a) Differentiate between false imprisonment and malicious prosecution. before completion of sale. 6 + 6 + 8
6. Define mortgage. How is a mortgage by deposit of title deeds created
4
(b) Write short note on : under the T.P. Act. In what case the memorandum o f deposit has to be
(i) Absolute liability and (ii) Kinds of Nuisance 3 + 3 registered? 3 + 4 + 8
9. (a) Write in brief about (i) Trespass ab initio (ii) Defences to negligence 7. What are the essentials of a valid gift of immovable property? How
can a gift of immovable property be effected? When can a gift be suspended
3+3
(b) Is there any difference between libel and slander? If so, differentiate or revoked? 6 + 4 + 5
8.(a) Define lease. (b) How can a lease be terminated?
those. 4
(c) What is meant by 'forfeiture of notice'? 5 + 6 + 4
10.(a ) Discuss the concept of "Independent contractor".
(b) Explain the meaning of battery with illustration.
(c) In the parliamentary by-election of 1988, Abhishek was a qualified
voter. The returning officer wrongfully refused to register the duly tendered
vote by Abhishek. No loss was suffered by Abhishek because the candidate
to whom he wanted to vote was declared elected. Yet Abhishek sued the
returning officer for damages. Will he succeed? 4 + 3 + 3

TRANSFER OF PROPERTY ACT

Time Allowed : 3 Hours F u l l Marks : 100
Answer Question No. 1 which is compulsory and
attempt any two from the rest.
Group—A
Answer Question No.I and any TWO from the rest.
1.(a) Define transfer of property. What are the types o f property that
cannot be transfered?
(b) State whether the following transactions are transfer of property
within the meaning of transfer of property (any two)
(i) Partition (ii) Family arrangement (iii) Surrender (iv) Release. 5+7+4+4
2. Explain the doctrine of lis pendens with case laws. 1 5
3.(a) Explain the expressions 'vested interest' and 'contingent interest.
 10 W B C S judicial Compulsory Question l'aper-2017
WBCS Judicial Coinpuisory Question Pat)er-2017 1 1
decides v hat facts may and what facts may not be proved". (Stephen)--
3. Write a note on 'Doctrine of hiection'. Distinguish between vested
. Critically analyse the statement with special reference to salient features
items( anti contingent interest. 7 + 8
of Indian Evidence Act. 2 0
4. (a) What i s constructive notice ? On what circumstances such
2.(a) Explain the term "Res gestae".,
otice is applicable ?,
(h) A after committing murder, went to B, a witness, and admitted
(b) Define attestation. 2 + 8 + 5
his guilt. B went to the spot at once and the bystanders told 'hill) that four
Persons had committed the murder. Decide whether the statement o f the Group—B
bystanders is r e s gestae or not. 7 + 8 Answer Question No. 5 and any two from the rest.
3;(a) "Facts not otherwise relevant beconie relevant" — Discuss. 5.(a) Define sale and describe the rights and liabilities of buyer and
,(b) The question is whether A committed a crime at Ca'cutta on
certain day. The fact that on that day A .was at Lahore. Examine the (13) Distinguish between sale and exchange. 12+8
applicability of 'Docttine of Alibi' in this context. 1 0 + 5 6.(a) When is.the right o f mortgagoi to iedeerri, exercisable.
4. (a) Distinguish between AdMission and Confession. (b) Explain the doctrine o f subrogation. 7+8
(b) Confession made to a Police officer shall not be proved". 7.(a) What arc the essentials o f lease ?
Discuss. 10+5 (h) I-1(4 is a lease of immovable property determined ? 8+7
Group—B 8.(a) Define gift and discuss the essential elements :of gift.
(b) A has shares in 'X• which is a prosperous company and also
Answer Question No.5 and any tivo from the rest.
hares. in ' Y ' which is a company running, in foss. A makes a gift to B
5. "The dying declaration may he the basis of conviction if the Court
f. all her shires in both the companies. B ref-Uses to accept the shares
is satisfied that the dying man had a good•opportunity of recognising the company Y. Whether B can take the gift o f shares in ? Give
truth b e n the dedlaration was Made". — Analyse.
6.(a) What is 'Secondary Evidence' ? . 20 :asons for your answer. 8+7
(b) "hi criminal eases character of the accused is relevant"—Discliss. 15
7. "The rule of estoppel is based on the principle of equity and gdel•
LA* OFCONTRACTSAND TORTS
conscience". — Discuss with decided case laws. 1 5 .me Allowed : 3 Hours F u l l Marks : 10()
8.(aj Discuss the principles of "Burden of Proof'.
(b) Explain the rule of "Professional Communication" laid down in the GROUP—A
Indian Evidence Act. - ( A n s w e r all questions)
—6.
I.(a) "Consideration must move from the promisee"—Discuss. iseuss.
- (b) What is the Law in India about past conideration?
TRANSFER OF PROPERTY ACT (c) "Only a person being a party to the Contract can sue on it ? Are
ere any exceptions ? Answer with suitable illustrations. 3 + 2 + 5
Time Allowed : 3 Hours Full marks : 100 2.(a) State and explain the Law relating to agreement in restraint of
Group—A ide or profession in the light of a leading case. ,
Answer Question No. I and any two from the rest. (3) An illiterate woman executed a document—adeed of gift under the
1.(a) Define Transfer of Property according to the Transfer of Property pression that it was the deed authorising management of her property.
Act, 1882. Do you think that Transfer of Property Act is a complete tswer with reason whether the aboVe execution o f deed is void or
code in itself ? idablc. 6+4
(b) ' A mere right to sue cannot be transferred'—Explain. 3.(a) In what circumstances is guarantee invalid under the law?
(e) What is 'spes successionis' 1 0 + 5 + 5 (b) In a contract of guarantee is there any implied promise to indemnify
2. Explain the 'rule against perpetuity' with suitable, illustration pointing surety?
out the exceptions to the rule. 1 5 (c) Y is indebted to Z and X is surety for the debt. Z demands
12 W B C S Judicial Compulsory Question Paper- 2 0 1 7

payment from X and on refusal sues him for the amount. X depends tb WBCS(JUDICIAL) MAIN EXAMINATION-2016
suit having reasonable grounds for doing so but he is compelled to th
amount with costs. What is the extent of the rights of the surety to h COMPULSORY PAPERS
indemnified by the principal debtor in respect of the amounts paid by th
surety in the case? 3 + 2 + , BENGALI COMPOSITION, ESSAY AND TRANSLATION
4.(a) What are the rights and responsibilities of a person who find, Time Allowed : 3 Hours Full Marks ; 100
goods belong to another and takes them in his custody?
(b) Discuss the legal position in the following cases - 1. Translate into Bengali :
(i) `P' lends a car to 'S' for his going to college in Calcutta but The custom of dowry is deep-rooted in Indian society. Over the years,
allows '1' to take his car to Benaras. The car meets with an accident it has turned into a social menace, too entrenched and diabolical to the
(ii) h i r e s a carriage from 'B'. The carriage is unsafe. ' B ' is no tackled by reformers and law-makers. Though the efforts for the eradication
aware of it. 'C' is injured. 3 + ; of the dowry practice go back to more than a century, it has perhaps
5.(a) Is it permissible for the agent to delegate his authority to another become the most alarming social issue during the last two decades or so
as manifested by the growing violence against women emanating from
(b) What is the legal consequence when a sub-agent is appoints,
matters relating to dowry. It is generally understood that. dowry, in its
without authority ? 5 + ;
original form was not based on avarice and extortion as is quite often the
GROUP-B case today but was just a token of love and regard for the bridegroom.
(Answer all questions) Religious rationalisations apart, the main motivation on the part of the
6.(a) What is course of Employment? bride's parents was to provide security and compensation for inheritance
(b) What are the liabilty of Master to a servant for wrong done b. rights to the daughter in order to enable her to lead a dignified and
another servant ? 5 4 harmonious relationship with her husband and his family. Gradually, the
7. Explain the term 'Volenti Non Fit Injuria'. What are the limitatioi element of voluntariness disappeared and a callous, crass and commercial
on the scope of the doctrine? 4 . 6 + , system came into being. There is no doubt that the custom is heartless,
8.(a) What are the relationship between 'Bodily Harm and Nervou The System has to go. Marriage must cease to be a matter of arrangement
Shock'? by parties for money. Any young man who made dowry a condition of
(b) Discuss the main ingredients of the wrong or false imprisonment' marriage discredited his education and his county and dishonoured
5+! womanhood.
9.(a) Define 'nuisance'. What are the nature of nuisance? / + : k1 Sr-Wcgt tibia `MtuM Vt‘91-if ftliv 2 0
(b) What are the liability of - ( ) ' M s k i e r -1 P v t
(i) Tenant and Landlord for nuisance, 42Ew 5K 1 A i C • 1 1 CAINP l a - c w
(ii) occupier for nuisance on premises? 3 + : COI4Chitar i, fayTvivt wtcsiwt c 4 -1711I
10.(a) What is contributory negligence? What are the contributor)
t c=f-L•Tivit d,tpr fav t.0 zwpil4 91r-4-4-t§-N—mtvp4 (ptL‘ wtsiat.4 -siestsw
negligence of children? 7 + :
(b) Describe the term 'Res Ipsa Loquitar.' VI el(.11 D1 : 20
(PCGKA1T 0 4 1 4 4 elr:4-4C4 4, et, 5t tllret 41,4)
(4) 4 4 EIWCII*IftEW aci •011-$1‘p : twrliqatirtzr-444
(4) v4lut5 overlvi W A - 1 M are \5T1 I
8I Cif-c<ptvit ft-FR evn ten RTIR
7A-Rcw 11,4
( . \ t 1 1 ( . 4 , -LIZI151-4F ciatIFT5tR, A s s i s t I
10 W B C S Judicial Compulsory Question Paper-2016
WBCS Judicial Compulsory Question Paper-2016 1 1
(a) A makes an attempt to Pick, the Pocket of Z by thrusting his hand
pleading that mortgager was the ostensible owner of the property, when
in to Z's Pocket. A fails in the attempt in consequence of Z's having
he mortgaged it. Is his claim valid ? 7 + 8
nothing in the Pocket. 3.(a) What is the difference between Vested and Contingent interest?
(b) A in a Test Identification Parade identified falsely an accused as (b) What is Partial Restraint? What is Privy Council's view in
a Culprit. Muhammad Raza V Abbas Bandi Bibi regarding Partial Restraint? 8+5+2
(c) A threatens to Publish a defamatory libel concerning Z unless 4. (a) What is the difference between actionable claim and mere right
gives him money. He thus induces Z to give money. to sue?
(d) A an officer of a Court of Justice being orderd by that Court to (b) M and N secretly agree—
arrest Y, and after due enquiry believing Z to be Y arrests Z. 2 Y 2 x 4 (i) that N should file a suit against M in respect of a house in M's
8. "There are many offences which however do not have intention or possession,
knowledge as a necessary ingredient under the Indian Penal Code" (ii) that M would not seriously contest the suit,
Mention those offences. 1 0 (iii) that during the pendency of the suit, N should sell the house to
9. Whether a husband is liable for stealing the Property of his wife one P and the money received from P would be divided between them.
and Vice-Versa? N files the suit as agreed and during the pendency of the suit N's suit
Whether a Person can commit theft in respect of his own Property ? is decreed. Can the transfer to P be set aside? . 8+7
6+4 Group-B
10. In what circumstances does the law make rash or negligent driving Answer Question No.5 and any lwo from the rest.
of any Vehicle. Punishable as offence under the Indian Penal Code.
5.(a) What are the. Rights and Liability of a Lessee ?
Make a distinction between Criminal rashness and Criminal negligence.
(b) What is Seller's Lien ?
6+4
(c) Can a notice to quit be waived 1 0 + 5 + 5
11. State the ingredients of the offence of 'Fabricating false evidence', 6.(a) What is usufructuary mortgage ? What are its Characteristics ?
giving illustrations. 8 + 2 (b) What do you mean by mortgagee's right to foreclosure? 10+5
12. Write Short Notes on (any two) : 7.(a) When a gift may be revoked or suspended ?
(a) Dowry death ( b ) Valuable Security (c) Gang Rape (b) Who is a Universal Donee ? 1 0 H - 5
(d) Wrongful gain and Wrongful loss • 5x2 8.(a) Describe the Characteristic features of Exchange.
(b) Distinguish between Sale and exchange. 7 + 8
TRANSFER OF PROPERTY ACT
Time Allowed : 3 Hours F u l l Marks ; 100 LAW OF CONTRACTS AND TORTS

Group-A Time Allowed : 3 Hours F u l l Marks ; 100

AnsWer Question No.1 and any Iwo from the rest. Group-A (Answer all questions)
1.(a) What is rule against perpetuity and what are its exceptions ? 1. Explain with appropriate example 'Implied Offer' and 'invitation
(b) Explain the doctrine of feeding the grant by estoppel as embodied to make an offer'.
Whether anouncement o f voluntary retirement Scheme by a
in the Transfer of Property Act. 7 + 5 + 8
2.(a) Who is an ostensible owner ? Nationalised Bank is a valid offer ?
(b) An illegitimate son of a deceased owner of a property gets (b) A teaches?his Parrot to recite an offer and then sends his Parrot
possession of the property to which he is not legally entitled but his name to B. The bird repeats the recitation.
is entered in the paper as owner. He mortgages the property. On the date Is there any valid offer ? 2 + 2 + 2 + 4
of mortgage the rightful owner's suit against him for recovery and 2.(a) What do you mean by 'Privity of Contract'?
possessionwas pending and it was decreed subsequently. When the rightful (b) In a Contract between A and B some benifit has been conferred
owner sought to avoid the mortgage, the mortgagee resisted the claim by upon C. In failure of getting that benefit can C file a suit?
12 W B C S Judicial Compulsory Question Paper-2016

(c) A promises to give his watch to B and a consideration of Rs.200(

for the same is given to A by M and not by B. WBCS (JUDICIAL) EXAMINATION-2015
Is it a Valid Contract ? 4 + 3 + 3
3.(a) Make a distinction between 'Void' and 'illegal contracts'. E N G L I S H COMPOSITION, ESSAY AND PRECIS WRITING
(b) Mere silence is not fraud'— Point out the exceptions to this ril.eTime i Allowed : 3 Hours Full Marks : 100
5+5
4.(a) A found a Purse in a Cinema hall. He deposited the Purse with I f the questions attempted are in excess of the prescribed number,
the manager of the hall so that the true owner can claim it back. However o n l y the questions attempted first up to the prescribed number shall
no one claimed the purse. A wants the purse. Can he succeed? b e valued and the remaining ones ignored
(b) A agrees to sell his house to B for Rs. 105000. Provided that or 1 . Make a precis of the following passage, within around 155 words,
breach of contract the defaulting Party will Pay Rs. 1000 as damages bond suggest a suitable title. (Use the precis sheet supplied)
the other. B broke the contract and A resold house to Q for Rs. 10400() W h e n we have acquired the habit of impersonal thinking we shall be able
A sued B and claimed Rs. 1000, Will he succeed ? t o view the popular beliefs of our own nation, our own class, or our own
(c) A Ltd. gives land to Mr. B on lease. B subsequently buys the landreligious sect with this same detachment with which we view those of others.
which he was holding under lease. W e shall discover that the beliefs that are held most firmly andmost passionately
What will be the status of the Contract of lease? 4 4 . 3 4 . 3 are very often those for which there is least evidence. When one large
5. 'The law of mistake is a Comedy of errors'— Comment. 1 0 body of men believes A, and another large body of men believes B, there is
Group—B a tendency of each body to hate the other for believing anything so
Answer all questions o b v i o u s l y absurd.
The best cure for this tendency is the practice of going by the
6. The defendants, a local authority were authorised to erect au evidence, and forgoing certainty where evidence is lacking. This applies not
maintain a small pox hospital. They erected such a hospital in a residentialoniy to theological and political beliefs but also to social customs. The study
area where it caused danger of infection to People living nearby. o f anthropology shows t h a t a n amazing variety o f social
The local residents objected to this. Advice the local residents. 10 customs exists, and that societies can persist with habits that might be thought
7. A student who had applied for revaluation the result of which wascontrary to human nature. This kind of knowledge is very valuable as an
declared by the University after an unduly long delay. He claimed damages antidote to dogmatism, especially in our own day when rival dogmatisms are
alleging that the delay in his result had caused him mental distres.1 andthe chief danger that threatens mankind.
he suffered from Psychiatric trauma. Will he succeed ? 1 0 C l o s e l y parallel to the development of impersonal thought there is the
8. Explain with illustration the occupier's liability towards the inviten,,development of impersonal feeling, which is at least equally important and
'Licensee' and 'Persons who have entered in Pursuance of a Contracr.which ought equally to result from a philosophical outlook. Our desires, like
10 our senses, are primarily self-centred. The egocentric character of our desires
9. A lady Passenger was sitting with her elbow Projecting out of theinterferes with our ethics. In the one case, as in the other, what is to be aimed
window of the bus. When the bus was moving, a truck coming from theat is not a complete absence of the animal equipment that is necessary for life
opposite direction Passed so close from the bus that the claimant's elbowut b the addition to It of something wider, more general, and less bound up
was badly crushed, she sued both the drivers. w i t h personal circumstances. We should not admire a parent who had no more
affection for his own children than for those of others, but we should admire
Will she succeed ? 1 0 a man who from love of his own children is led to a general benevolence. We
10. Write Short Notes on : s h o u l d not admire a man, i f such a man there were, who wai, so indifferent
(a) just Tertii t o food as to become under-nourished, but we should admire the man who
(b) Innuendo 5 + 5 1 r o i n knowledge of his own need of food is led to a general s3.inpathy with
the hungry.
 10 W B C S Judicial Compulsory Question Paper-2015
WBCS Judicial Compulsory Question Paper-2015 1 1
15. What are the provisions of the Penal Codc with regard to character and
duration of the sentence of imprisoruncnt in default of payment of fine ?jo 8. (a) Enumerate the procedure for cross-examinations of a•witness as to
16. Write short notes on any two : his previous statements made in writing or reduced into writing. 1 0
(a) Cheating by personation. (b) Bigamy. (c) Counterfeiting coin. 5 + 5 (b) Is tape recorded conversations admissible in evidence ? If so, how they
arc relevant ? 5
9.(a) State the general principles of burden of proof. 10
INDIAN EVIDENCE ACT (b) When a person is presumed to be alive or dead ? 5
10. Distinguish between the following :
Time Allowed : 3 Hours F u l l Marks : 100 (a) Indescent Questions and Questions intended to insult.
If the questions attempted are in excess of the prescribed number, (b) Admission and confessiOn.
only the questions attempted first up to the prescribed number shall (c) Judicial confession and extra-Judicial confession. 5x3
be valued and the remaining ones ignored.
GROUP—A LAW OF CONTRACTS AND TORTS -
Answer question no.! which is compulsory 'Time Allowed : 3 Hours F u l l Marks : 100
and any two from the rest. If the questions attempted are in excess of the prescribed number.
1. Write short notes on the following : only the questions attempted first up to the prescribed number shall
(a) Facts in issue. (b) Conclusive proof. (c) Motive. (d) Res gestae. be valued and the remaining ones ignored.
(e) Leading questions. 4 x 5
2. State when motive, preparation and previous or subsequent conduct GROUP—A
become relevant. Explain the same with illustrations. 1 5 Answer all questions
3. When secondary evidence relating to existence, condition or contents of 1.(a) When is communication of an acceptance complete as against
(i) the proposer ? ( i i ) . the acceptor ?
adocument may be given ? 1 5
(b) When is communication of a revocation complete as against
i l l 4 . How much information received from an accused in the custody of a
(i) the person who makes. it? (ii) the person to whom it is made?
police officer may be proved ? Does it violate the safeguard given to an accused (2+3)-1(3+2)
under Article 20(3) of the Constitution of India ? 1 0 + 5 2. Mr. A was employed by BCD (P) Ltd as the Branch Manager of its
5. Describe the principles of estoppel laid down in the Indian Evidence Act, Kolkata office on terms and conditions contained in the letter of appointment
1872. 1 5 issued to him on August 27, 2012. The term is contained in clause 10 of the
GROUP—B agreement which read: "That you will not be permitted to join any firm of our
• Answer the question no. 6 which is compulsory competitors or run a business of your own in similarity as directly and/or
and any two from the rest. indirectly, for a period of two years at the place of your last posting after you
leave the Company". Mr. A joined BCD (P) Ltd on September 0i, 2012.
6.(a) `NO oral evidence shall be given in proof of terms of a contract, grant
BCD (P) Ltd terminated the services of Mr. A by its letter dated December
or other disposition; properly reduced to the form of a document except the
27, 2012. Can Mr. A be restrained from starting a business thereafter of his
document itself or the secondary evidence of its ccintents.-Elucidate with
own under the name and style, of "Superintendence and Surveillance Inspectorate
reference to the relevant provision of the Indian Evidence Act, 1872. 1 0 of India- at 9B Park Lane, Kolkata 700 027 ou lines identical with and
(b) Specify the instances when oral evidence can he adduced or oral substantially similar to that of the BCD (P) Ltd? Discuss. l O
agreement can be proved in the matter of documents produced and proved. 3.(a) What are the salient features of a Quasi Contract?
10 (h) What arc the different types of Quasi Contract? 5 + 5
7. Enumerate the provisions regarding presumption as to abetment of suicide 4.(a) State the essential conditions for a valid offer of performance.
by a married woman and presumption as to dowry death of a woman. 15 (b) A. a singer. enters into a contract with B. the manager of a theatre
12 W B C S Judicial Compulsory Question Papei-L,.2015

to sing at his theatre two nights in every week during neX(tWo 'Months,
B engages to pay her at the rate of 100 rupees for each night.. Qn the sixi WBCS JUDICIAL) EXAMINATION=2014
night A Wilfully absents herself. With the assent of B, A sings: or; the severm COMPULSORY PAPERS 2 0 1 4
night.
(i) Can B put an end to the contract after the seventh night ? ENGLISH COMPOSITION, ESSAY AND PRECIS W R I T I N G
(ii) Is B entitled to compensation for the damage sustained by him throng
A's failure to sing on the sixth night? " . 6 + ( 2 + 2 ) Time Allowed 3 Hours F u l l Marks ; 100
5. A, a ship-owner, contracts with B to convey him from Calcutta to Sydne) I f the questions attempted are in excess o f the prescribed number
in A's ship, sailing on the first of January; and B pays to A, by .Way of deposit only the questions attempted first up to the prescribed number shall
one-half of his passage-money. The ship does not sail on the first of January
be valued and the remaining ones ignored
and B, after being in consequence detained in Calcutta for some tithe and
thereby put to some expense, proceeds to Sydney in another vessel, and, h 1. Make a precis o f the following passage, reducing it to between
consequence, arriving too late in Sydney, loses a sum of money. What are the140-150 words and suggest a suitable title. (Use the precis sheet supplied):
liabilities of A?. 1 0 25+5
GROUP—B What is a perfectly free person ? Evidently a person who can do what
Answer all questions he likes, when he likes, and where he likes, or do nothing at all i f he
6. (a) Mr. A employs a surgeon to attend on his son B. B is• injured by prefers it. Well, there is no such person, and there never can be any such
unskilful treatment. Can both A and B sue the surgeon on contract? person. Whether we like it or not, we must all sleep for one third of our
(b) Mr. A, a senior schoolmaster set up a rival school 'Accounting Gurukul',lifetime —wash and dress and undress — we must spend a couple of hours
next door to B's school 'Accounting School' and students from 'Accountingeating and drinking — we must spend nearly as much in getting about
School' flocked to 'Accounting Gurukul'. Can B sue A in tort? 5 + 5 from place to place. For half the day we are slaves to necessities which
7. A installs pipes to convey water from his newly constructed house. He, we cannot shirk, whether we are monarchs with a thousand slaves or
however does not connect said pipes with any drain. The, rain water comeshumble labourers with no servants but their wives. And the wives must
through the pipes and gets collected in the cellar of •the house. The water undertake the additional heavy slavery o f child-bearing, i f the v i d is
thereafter flows from this cellar to the cellar of the house of his next door still to be peopled.
neighbour B and causes extensive damage there. Decide whether A is liable These natural jobs cannot be shirked. But they involve other jobs
and why? 1 0 which can. As we must eat we must first provide food; as we must sleep,
8. A got injured due to the fall of a cinema advertising banner from the we must have beds, and bedding in houses with fireplaces and coals; as
roof of a house in Bhubaneswar in the rainy season. The said house is found we must walk through the streets, we must have clothes to cover our
to be owned and occupied by B, The banner fell on account of strong wind. nakedness. Now, food and houses and clothes can be produced by human
B claimed it to be an 'ct of God. Decide. 1 0 labor. But when they are produced they can be stolen. I f you like honey
9. (a) What is 'Defamation'? State the conditions of defamation. you can let the bees produce it by their labor, and then steal it from them.
(b) The bridegrooin and his father refuse to take the bride to their home after I f you are too lazy to get about from place to place on your own legs you
marriage in full gaze of the guests. Is it the tort of defamation? Can damages be can make a slave of a horse. And what you do to a horse or a bee, you
awarded for loss of reputation? • ( 2 + 4 ) + ( 2 + 2 ) can also do to a man or woman or a child, i f you can get the upper hand
10. A carter hands over his wagon and is going home for dinner when he of them by force or fraud or trickery o f any sort, or even by teaching
strikes a boy whom he suspects wrongly but on reasonable grounds of stealingthem that it is their religious duty to sacrifice their freedom to yours. So
his master's property. Decide whether the master of the carter can be held liable beware! I f you allow any person, or class o f persons, to get the upper
for the consequences or not. hand of you, he will shift all that part of his slavery to Nature that can
Will the decision be different if instead of striking the boy the carter shoots be shifted on to your shoulders; and you will find yourself working from
at him? 5 + 5 eight to fourteen hours a day when, i f you had only yourself and your
1
8 W B C S Judicial Compulsory Question Paper-2014
WBCS Judicial Compulsory Question Paper-2014 9
TRANSFER OF PROPERTY ACT
LAW OF CONTRACTS AND TORTS
Nine Allowed : 3 Hours F u l l Mat-ks ,* 'Ovine Allowed : 3 Hours F u l l Marks ;100
Group- A
Group-A
Answer Question No.1 and anv iiw from the rest. Answer all questions
1. Explain contract uberrimae fidei with some instances of contract
1.(a) State the principle laid down in the case of Jadu Nath-Vs-Ruppiben.. e fidei.
10
(1906) 33 Cal 967.
le 2.(a) When is time the essence of contract and when is time not the
(b) Mr. A mortgaged property to B. B sued A on the mortgage an, --ssence of contract? 5
obtained a decree of sale while the decree was in execution A leased ti ( b ) The defendant agreed to deliver his elephant to the plaintiff for
property to C for 10 years. What are the remedies for B ? R o m e operations on 1st October, 2013. The defendant later obtained an
2.(a) Transfer passes all interest of transferor to the transferee. Explaixtension of time upto 6th October, 2013 but did not deliver till 12th
10.)ctober, 2013. The plaintiff refused to accept the elephant. -Decide. 5
(b) Explain the principle laid down in Mahomed Syedol Ariffm- 3 . ( a ) A owes B three debts of Rs. 100, Rs. 200 and Rs. 300. B demanded
Vs - Yeoh by the Privy Council. 0 1 the three debts from A. A sent a sum of Rs. 300 with a covering letter
n which he stated that he had sent Rs. 300 in the discharge of the third
3. State the following circumstances under which it can be called
tebt of Rs. 300. B desires to appropriate the sum of Rs. 300 sent by A
a transfer or not : a .
n discharge of two debts of Rs. 100 and Rs. 200, which had become time
(i) Relinquishment_ , a r c e d . Decide. 5
(ii) Partition. ( b ) A owes B Rs. 300. Both the parties agree that if A pays Rs. 200.
(iii) Surrender. 5 + 5 + 5 3 will accept the amount in full satisfaction of his debt. A pay Rs. 200
4.(a) Explain the essential elements of sale. i o B. Decide. 5
(b) State the rights and duties of the seller. 1 0 4 . ( a ) What do you mean by Quantum Meruit? When the claim of
luantum meruit can arise? 5
Group-B ( 1 ) ) The defendant appointed the plaintiff as his agent to advertise and
Answer Question No.5 and any Iwo from the rest. ; e l l tickets for seats to view the funeral of the Duke of Wellington on
5.(a) Explain the ratio laid down by the Supreme Court i n dicornmission basis. After the plaintiff had already incurred certain expenses
Associated Hotels of India-Vs- R. N. Kapoor. 1 0 n this connection, the defendant wrongfully revoked the plaintiff's
(b) What are the principle laid down by the Privy Council in Ariff Juthority. What kind of remedy is available to the plaintiff? Decide. 5
Vs-Jadunath? 1 0 5 . ( a ) "A person can not acquire rights under a contract to which he is
6.(a) When a lease can be determined ? l o o t a party"-Discuss. 5
(b) The plaintiff was an employee in the London Passenger Transport
(b) What do you mean by doctrine of merger? S 3 o a r d . The Board gave a free pass to the plaintiff to travel free of charge
7.(a) What are the liability of transferee of actionable claim ? 5 w its omnibus subject to the condition that the Board or its servants
(b) Define mortgaged debt. 5 v o u l d not be liable for any injury caused during the travel. Due to the
(c) State what do you mean by the assignment of rights under PoliOlegligence of the defendant, a bus driver of the Board, the plaintiff suffered
of Insurance against fire. S e r s o n a l injuries and brought an action to recover damages. -Decide. 5
8,(a) State whether donor may revoke gift after delivery of the ded G r o u p -B
and before registration. 1 0 A n s w e r all the questions
(b) When gift may be suspended and/or revoked ? 5 6 . The defendant wrongfully obstructed a street by placing a pole
10 W B C S Judicial Compulsory Question Paper-2014
WBCS Judicial Compulsory Question Paper-2014 1 1
across it. The plaintiff riding home at dusk when there was sufficle
light to notice the obstruction, but galloping at high speed he came hi (b) "The business of the Court is to try the case and not the man."—
collision with the pole and was injured. -Decide. 1 Explain with reference to the appropriate provisions of the Indian Evidence
7. A owned the copyright of some musical works. B employed a NI Act. 1 0
on a salary of Rs. 4,000/- per month and instructed them not to play at 5.(a) What is meant by direct evidence? 5
(b) What is meant by hearsay evidence? 5
piece which would be infringement of copyright. The band neverthele
(c) "Hearsay evidence is no evidence" —Discuss. 5
played the musical works of A. Is B liable ? -Decide.
8. The defendant negligently left his horse and cart unattended on Q GROUP-B
street. The plaintiff, a boy of seven, climbed on the cart in play, whi Answer question no. 6 which is compulsory
another child led the horse on, and the plaintiff was thrown down at and any two from the rest.
6. State the provisions with illustrations relating to exclusion of oral
hurt. -Decide. I I
evidence. 20
9. A tells a policeman he had some articles stolen from him and th
7.(a) Explain the expression-"burden of proof." 5
it was last seen with X's possession. The policeman without furth
(b) On whom lies the burden of proof —
information on A' s part makes enquiries and arrests X. Later on duel
(i) in a criminal trial? 2
lack of evidence, X is discharged. X, thereafter sues A against malicia
(ii) when the plea of alibi is raised? 2
prosecution. -Decide. (iii) in an election petition? 2
10. Discuss the rule laid down in Rylands Vs. Fletcher. (iv) when constitutionality of a statute is challenged? 2
State the exceptions to the rule in Rylands Vs. Fletcher. (v) in a matrimonial case? 2
8.(a) Define "estoppel". 5
(b) Explain the principle on which estoppel is based. 5
INDIAN EVIDENCE ACT (c) "There is no estoppel against an Act of Legislature" ?— Elucidate.
Time Allowed 3 Hours F u l l Marks ; 10 5
9. What are the facts of which evidence need not and cannot be given?
Group-A 15
Answer question no.1 which is compulsory and any two from the re 10.(a) "The evidence of a child witness is to be taken with great case"
I. Write saort notes on : 0 —Discuss. 5
a) Evidence. (b) A client says to his lawyer, — "I want to take possession of
b) Relevance. property by using a forged deed on which I request you to sue" — Is this
c) Document. .communication protected from disclosure? 5
d) Benefit of doubt. (c) What is meant by leading question? When it must not be asked,
e) Presumption. and when it may be asked ? 5
2.(a) "A Witness may lie but not the circumstances' — Discuss.
(b) "He who asserts must prove"— Explain.
CRIMINAL PROCEDURE CODE
(c) "In Courts we are concerned with legal relevancy and not logic
AND INDIAN PENAL CODE
relevancy of facts"'-- Elaborate. •
3.(a) Explain with illustrations when facts not otherwise releval Time Allowed 3 Houm F u l l Marks ; 100
*become relevant. G r o u p -A
(b) "Admissions are substantial evidence by themselves" —Discuss. Answer any four questions.
(c) Distinguish between admission and confession. 1 . ( a ) What is the maximum sentence which, - a 1st-class Magistrate
4.(a) How is Character defined in the Indian Evidence Act? c a n pass for an offence? 2
 WBCS Judicial Compulsory Question Paper-2013 9
8 W B C S Judicial Compulsory Question Paper- 2 0 1 3
Group-B
O1
6. (a) A, client says to his lawyer, " I have committed forgery and I
What is hurt ? When 'simple hurt' amounts to grievous hurt? I I wish you to defend me." Can the lawyer disclose this or give evidance
11. "In all robberies there is either theft or extortion". Elucidate al of this communication ? 5
distinguish. between robbery and dacoity. 1 1 (b) "Witness not excused from answering on ground that answer will
12. What are the limitations for exercising the defense of 'insanity'? criminate." Explain. 5
13. Critically evaluate the changes that brought in the offences again 7. (a) Accomplice is a competent witness to give evidence. Explain. 5
women in the Indian Penal Code. 1 ( (b) A witness in a case of assault is asked whether he was dismissed
14. What i s crime ? Explain the important ingredients o f Crime. from service on charge o f dishonesty. He denies it_ Can evidence be
OR given to contradict him ? 5
"Actus non facit reum nisi mens sit rea". Explain ? I I 8. (a) Expert medical evidence is not binding against the ocular
15. Explain the important characteristics of the offence of `Kidnappial evidence. Give reasons. 5
from lawful guardianship. 1 p (b) Court can refuse to convict a person on the evidence of a fingerprint
16. Write Notes on any two : S x l expert. Give reasons. 5
(a) Adultery (b) Motive (c) Cheating (d) Reformative theory 9. (a) The facts admitted need not be proved. Explain. 5
(e) Grievous Hurt (0 Common Object. (b) Police Officer received information that certain truck would carry
contraband liquor and the informant was not examined. What kind of
information it is i f the informant is not examined ?
INDIAN EVIDENCE ACT 10. (a) Distinguish between : 5 x 3
(i) Examination in chief and Cross examination.
Time Allowed : 3 Hours F u l l Marks : 1(
(ii) Judgement in rem and Judgement in personam.
Group-A (iii) Primary evidence and Secondary evidence.
1.(a) The term 'Evidence' used in judicial proceeding has sever (b) Explain the meaning of 'Doctrine of Illusion. 5
meanings. Explain. I I
(1)) Define 'Facts', 'Relevant Fact' and 'Facts in issue'. What are ti
facts in issue when A is accused of murder of B? 5 + 1 LAW OF CONTRACTS AND TORTS
2.(a) When confession caused by inducement, threat or promise
irrelevant in criminal proceeding ? Time Allowed : 3 Hours F u l l Marks : 100
(b) A statement is a genus, admission is the species and the confessia Group-A
is the subspecies. Explain. Answer all questions :
3.(a) Explain the meaning of 'presumption of law' and `presumptia 1. The Plaintiff gave her new sari to the laundry. The laundry receipt
of fact.' contained a condition that a customer would be entitled to receive only
(b) A child is born to woman within 280 days from the date d fifteen per cent of the market price or the value of the article in case of
dissolution of her marriage with her husband by a decree of divorce, ib loss. The Plaintiffs new sari was lost and the Plaintiff filed case against
woman remaining unmarried till birth of child. What shall be the legs the laundry for recovering full price of the sari. Decide. 1 0
presumption about the paternity and legitomacy of the child ? What tb 2. The Plaintiff, a minor, was allotted by the Defendant, a film producer,
exhusband o f the woman is required to show to rebut such I V the role of an actress in a particular film. The agreement was made with
presumption, i f any ? 5 her father. The defendant subsequently allotted that role to another artist
4. (a) Explain the term 'Res gestae' with illustrations. and terminated the contract with the Plaintiffs father. The Plaintiff sued
(b) Motive is not relevant in absence of proof of any circumstance the defendant. Decide. 1 0
pointing of guilt to the accused. Explain. 3. The contract for the allotment of fair price shop for distribution of
5. (a) Explain the value and procedure of test identification paradi food grain contained a clause that the contract may be terminated or
with relevant case laws.
(b) What are the duties of the court regarding identification evidance
 10 W B C S Judicial Compulsory Question Paper-2013
WBCS Judicial Compulsory Question Paper-2013 11
privilege may he withdrawn without assigning any reason. Is this conk
valid ? l 2.(a) What are the essentials of a valid transfer ? 8
4. A pays B Rs.1000 in consideration of B's promise to marry C, (b) Distinguish vested from Contingent Interest. • 7
daughter. C is dead at the time of the promise. State the fate of l 3 . " A n absolute restraint on alienation is void" — Examine the
contract. Whether B needs to repay Rs.1000 to A ? istatement. 1 5
5. A instructs B, a merchant to buy a ship for him. B employs a si 4.(a) Can property be transferred for the benefit of unborn person '?8
surveyor of good reputation to shoose a ship for A. The surveyor mak ( b ) Discussi e l e c t o i fo n ' . td̀
e
h
o
rin7
c
the choice negligently and the ship turns out to be unseaworthy and 5 . ( a ) What is constructive notice ? On what occassions such notice is
lost. What is the liability of B? 2 app(blic)abDe attestation.
+ 8
5
Group-B
Answer all questions : G r o u p -B
Answer question No. 6 which is compulsory and two from remaining
6. Five friends entered the Plaintiffs hotel and asked for wine a estions.
drank it but refused to pay for it. The Plaintiff filed a case against iliaau 6.(a) What are the duties of a seller ? 1 0
friends for trespassing into the hotel. Decide U ( b ) What is seller's lien? 1 0
7. The Plaintiff, an airway passenger, found a bracelet on the floor( 7 . (a) What are the difference between Gift and Exchange ? 1 0
the executive lounge at the London airport. The Plaintiff handed it oa (b) What will be the consideration in each case ? 5
to an airline's official and asked that it should be returned to him if ri 8. Distinguish between Lease and License with illostations. 1 5
claimed by its owner. The owner did not claim the bracelet. Instead 9. (a) When is the right of a mortgager to redeem excercisable ?10
returning it to the Plaintiff, the airline sold it and kept the proceeds.11 (b) Explain the doctrine of subrogation. 5
Plaintiff sued the airline. Decide. 10. (a) what are the essentials of a lease ? 5
8. The Plaintiff had a well on his land less than 20 years old and v4 (b) How is a lease of immovable property. determined ? 1 0
using its water for his mill. The Defendant intercepted water by diggi
a coal pit on his own land about a mile away. The Plaintiff sued 11
defendant for recovering damage. Decide. 1 1 HIND COMPOSITION, ESSAY AND TRANSLATION
9. The Plaintiff, a young woman, sued the defendant for using lr Time Allowed : 3 Hours F u l l Marks : 100
portrait without her permission to sell his flour with the caption "Fla
I f the questions attempted are in excess of the prescribed number
of the Family" below her portrait. Decide. I f only the questions attempted first up to the prescribed number
10. A guest in a hotel suffered injury as the passage to the lavator
shall be valued and the remaining ones ignored
was dark. The guest sued the hotel for compensation. Decide. •

1. Translate into Hindi, any one of the following passages :

(a) The child must be educated somehoW. I f they can not be broght
TRANSFER OF PROPERTY ACT to school, then school must be brought to them. But how? Canada solves
Time Allowed : 3 Hours F u l l Marks : A the problem with school by post and school on wheels, Australia provides
Answer Question No. 1 which is compulsory and • the correspondence courses a school o f the air. A school on wheels
attempt any two from the rest. provided the best teaching methods and materials in an unusual classroom
Group-A in a railway coach.
(b) The chief business of war is to destroy human life, to pull down
1.(a) Do you think that Transfer of Property is a Complete Code i and bum cities, to spread famine, to multiply widows and orphans. Arc
itself? Discuss.
these honourable deeds? Grant that a necessity for them may exist : it is
(b) Explain whether the followings are transfer : a dreadful necessity such as a good man will shrink from; though it may
(i) Partition. (ii) Surrender. (iii) Release. exempt them from guild, it can not turn them into glory. We have thou; `it