Civil Procedure Code and Limitation Act Feb 2008

33-67-501
THREE L.L.B DEGREE EXAMINATIONS FEBRAURY-2008.

FIFTHSEMESTER
Paper -1 CIVIL PROCEDURE CODE AND LIMITATION
ACT
(Revised Regulations w.e.f. 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. Pleadings
2. Attachment
3. Pecuniary jurisdiction
4. Execution of Decree
5. Substituted service
6. Garnishee order
7. Acknowledgement in writing
8. Interim order
9. Set-of
Part-B (ESSAY TYPE QUESTIONS)
Answer any Two of the following
Each question carries 18 marks
10.
(Marks: 2x18=36)
What is a suit of Civil Nature? What are not
considered as suits of civil nature?

11.
Discuss the powers of a high court to stay
proceedings in a civil suit.
12.
Define
and
explain
reference,
review
and
revision.
13.
Limitation extinguishes only the remedy but not
the right. Elaborate.
Part-c (Case Comment Type questions)
Answer any two questions
(Marks: 2x20=40)
14.
A decree was passed in a representative suit.
Some person, who was not added as party to the

suit, file a suit. State whether Res-judicator applies
in this case.
15.
A obtained a divorce decree against B by
showing C as B in the court and there was no
objection from any one for this.
The judge passed
the divorce decree. Is it binding on B.

16.
A purchased a house without knowing the fact
that is attached in pursuance of a decree of court
from B. B also has not revealed the same.
17.
A person residing in Guntur publishes in Tirupati
a defamatory statement against B a resident of
Kurnool. B wants to file a suit for damages as the
reputation and Goodwill are afected.
Decide the
place or place where the suit can be brought by B

and the court competent to decide the suit.
33-67-503
FIFTHSEMESTER
Paper -3 LAW OF EVIDENCE
Time: 3 Hours
Max Marks: 100

(Marks: 6x4=24)
1. Hortile witness.
2. Court martial.
3. Circumstantial evidence.
4. Professional privilege.
5. Fact in issue.
6. Ancient document.
7. Dying declaration.
8. Cross-examination
9. Accomplice.
10.
(Marks: 2x18=36)
Define confession and state when confession
made to police is admissible.

11.
Explain the provisions relating to examination of
witness.
12.
Explain the rules relation to Burden of Proof in
Civil and Criminal Cases.
13.
Enumerate the various specific estoppels under
the Indian evidence Act.
(Marks: 2x20=40)
14.
X a co-accused of Y made a confession to the
magistrate that Y alone was responsible to the

ofence and he was a friend and he was a friend and
spectator of Y. Y does not rebut this discuss the
validity of this confession.
15.
A filed a case against B for non-delivery of a
Gold chain given for repair B brought the following
Evidence. B gave to D, D gave to E and E gave
to A. Is it admissible?
16.
X was charged with murder.
X brought
evidence that on the alleged day of ofence he was in

hospital 1000 km. away from that place. Discuss the
issues that are essential for proof of murder by X.
17.
A purchased a Horse from B on the statement
of C that the horse is a race Horse. But it was not
so. B again asked A bourn the nature of the Horse.
B says that he does not know anything about it but
says it but says that he purchased it from C who
says that it is a race Horse. Is the statement of C n
admission or not?
33-67-505
FIFTHSEMESTER
Paper -3 LAW OF BANKING
Time: 3 Hours
Max Marks: 100
(Marks: 6x4=24)
1. Define Banker.
2. Current Account.
3. Over Draft.
4. Customer.
5. Demand Draft.
6. Holder in-due-course.
7. Payment of honour.
8. Regional Rural Banks.
9. Endorsement in Blank.
10.
(Marks: 2x18=36)
Explain how the RBI controls the advances of
Commercial Banks in India.

11.
Discuss the rights, dirties and responsibilities of
collection banker.
12.
Explain the powers and functions of Reserve
Bank of India.
13.
When can a banker refuse payment on a
cheque?
(Marks: 2x20=40)
14.
x a banker discloses confidential information
relating to the account of a customer Y to his friend

Z without the consent of Y. Discuss the liability of
the Banker.
15.
A cheque is issued by A in favour of B. it was
stolen by C
a relative of B.
C endorsed the
cheuqe in his favour by forging the signature of B.

Discuss the liability of the paying banker if payment
is made to C.
16.
A bill is drawn by A payable by A payable at
Door No. 13 prakasam Road, Tirupati.
It does not
contain the name of the drawee.
B who resides
there accepts the bill, is the bill valid?

17.
X was the seller of a T.V. set to Y purchaser
issued cheque for Rs.10, 000 drawn on Andhra Bank.
But the cheque was returned to X with remarks
payment stooped by the drawer.
liability of Y under N.I.Act.
Discuss the
33-67-501
THREE L.L.B DEGREE EXAMINATIONS DECEMBER-2009.
FIFTHSEMESTER
PAPER -1 CIVIL PROCEDURE CODE AND LIMITATION
ACT
(Semester pattern 2001-2002)
Time: 3 Hours
Max Marks: 100
(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.
(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 efect on limitation?
14.
an

(Marks: 2x20=40)
A files miscellaneous application for setting side
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.
33-67-502
FIFTHSEMESTER
PAPER -2 CRIMINAL PROCEDURE CODE, JUVENILE
JUSTICE ACT AND PROBATION
Time: 3 Hours
Max Marks: 100
(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.
10.
(Marks: 2x18=36)
Explain the meaning of bail.
What is the
significance of classifying ofences as boilable and

non-boilable? Can bail be granted in case of a nonbible ofence?
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
Ofenders Act 1958.
14.

(Marks: 2x20=40)
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 ofence
without the consent or against the wishes of Madan?
Decide.
33-67-503
FIFTHSEMESTER
PAPER -2 LAW OF EVIDENCE
Time: 3 Hours
Max Marks: 100
(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.
10. All
relevant
facts
are
(Marks: 2x18=36)
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?
(Marks: 2x20=40)
14. A and B were married in 2002 and have two
children. B the Husband underwent a vasectomy
operation in 2006.
children.
In 2007, a wife delivered
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
relevant? Discuss.
mount
is
the
evidence
33-67-505
FIFTHSEMESTER
PAPER -5 LAW OF BANKING
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.
10.
(Marks: 2x18=36)
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?
cheque or Bill of Exchange?

12.
Define a holder in due course.
Is it
What are his
privileges under the Negotiable Instrument Act.

13.
Briefly state powers and functions of Reserve
Bank of India under RBI Act, 1934.
(Marks: 2x20=40)
A executed a promissory note in favors of B.
14.
Without Bs demanding payment. A paid the money

due on the note to b but left the note in his hands.
Subsequently,
indorsed
the
note
to
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
collection.
his
personal
account
with
bank
for
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.
3367501
FIFTHSEMESTER
Paper -1 CIVIL PROCEDURE CODE AND LIMITATION
ACT
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 Decree
8. Judgment debtor.
9. Foreign Judgment.
(Marks: 2x18=36)
10. What are the diferent modes of service of
summons under the Code of Civil Procedure?
11. Discuss the diferent 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.
(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 of that amount
giant any sum that A may recover in the suit. Is B

entitled to claim set of? Give reasons.
3367502
FIFTHSEMESTER
Paper -2 CRIMINAL PROCEDURE CODE, JUVENILE
JUSTICE ACT ND PROBATION OF OFFENDERS ACT
Time: 3 Hours
Max Marks: 100
(Marks: 6x4=24)
1. Non-Cognizable Ofence.
2. Prosecutor.
3. Executive Magistrate.
4. Acquittal.
5. Compoundable ofences.
6. Revision.
7. Inquest report.
8. Disposal of property in criminal cases.
9. Probation.
(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 diference between FIR states any
diference between FIR and complaint under Cr. P.C.
13.
Examine the role of judiciary in the protection of
juvenile Ofenders.
14.

(Marks: 2x20=40)
If a person arrested on the accusation of bailable
ofence 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.
3367503
FIFTHSEMESTER
Paper -3 LAW OF EVDENCE
Time: 3 Hours
Max Marks: 100

(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.
(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 afairs of
state.
13. Discuss the law relating to secondary evidence.
State when secondary evidence is admissible to prove
the contents of the documents.

(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.
surveyor to identify his land.
He called a
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.
objects saying that under the law, character of parties

to the case is not admissible. Decide.
3367505
FIFTHSEMESTER
Paper -6 LAW OF BANKING
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.
10.
(Marks: 2x18=36)
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?
14.

(Marks: 2x20=40)
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.
the amount to Rs.
B fraudulently raised
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.

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33-67-501

THREE L.L.B DEGREE EXAMINATIONS FEBRAURY-2008.

considered as suits of civil nature?

A decree was passed in a representative suit.

Some person, who was not added as party to the

The judge passed

the divorce decree. Is it binding on B.

place or place where the suit can be brought by B

Each question carries 4 Marks

made to police is admissible.

X a co-accused of Y made a confession to the

magistrate that Y alone was responsible to the

evidence that on the alleged day of ofence he was in

Commercial Banks in India.

x a banker discloses confidential information

relating to the account of a customer Y to his friend

cheuqe in his favour by forging the signature of B.

contain the name of the drawee.

there accepts the bill, is the bill valid?

Part-c (Case Comment Type questions)

miscellaneous application is dismissed what is the

significance of classifying ofences as boilable and

Examine the salient features of the probation of

Ofenders Act 1958.

Part-c (Case Comment Type questions)

he be compelled to appear before the court? What

husband under section 125 of Cr.P.C. she also

objects the demand of interim maintenance on the

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.

irrelevant facts are rejected Comment.

In 2007, a wife delivered

Id it a legitimate child? How can it be

proved that b is the father of child?

report clearly stating details of attack on him.

X refused there upon A

engages Y as his advocate. At the trail X appeared

Bank. Explain the position of a minor as a customer

What is the legal status of a Bank draft?

cheque or Bill of Exchange?

What are his

privileges under the Negotiable Instrument Act.

Without Bs demanding payment. A paid the money

consideration. C had knowledge of the payment

c brings a suit against a and b for recovery of

money on the pre-note will he succeed against either

The bank received the money and

allowed him to withdraw.

Is the bank libel to the

company for conversion of its cheques? Decide.

A break open Bs cheque book. He then forges

Bs signature on a cheque and obtains money on it

should bear the loss, B or the Bank?

14. A wants to prefer summary suit against B for

Advice him on the

relevant provisions of civil Procedure Code.

B holds a promissory note for Rs.

B claims to set of that amount

giant any sum that A may recover in the suit. Is B

Under what circumstances a search warrant can

be issued by the court?