Candidates are required to attempt all questions in the same seriatim as they appear. He was a bachelor and had lost his parents in an accident, when he was a small child. In 1995, mohan met with a terrible accident where he was involved in a car crash, in which is legs were stuck in the debris.

The doctors treating him were in a fix as to whether they should turn off his life support system. On april 10, 2005, a young girl was admitted to the hospital in which mohan was being treated. She had multiple organ failure and required an urgent kidney and liver transplant. Mohan was known to be an activist who, before his accident, fought for the cause of organ transplantation. He had even received awards for his work in encouraging people to donate their kidneys and eyes.

The doctors a team of eight took a decision to remove one of mohan’s kidneys and a part of his liver and transplant it into the young girl. He sought to prosecute the doctors who operated on him and contended that the doctors were, inter alia, guilty of various offences under india penal code. Address the following issues: i mohan seeks to prosecute the doctors under section 379 of ipc. One day, after completing his term examination, he decided to go to a local pub and have a drink.

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By the time he returned from the pub, he was highly intoxicated and in that state of intoxication, he entered the room of his neighbor in the hostel and set his mattress on fire. 10 q 2: a discuss the constitutional validity of section 497 of ipc in the light of case law. 10 b discuss the fifth exception to section 499 ipc and the law relating to contempt of court in the light of case law.

10 c can an offence committed outside india, be tried in india under indian criminal law ipc amp cr. 10 d write a brief note on the nature of burden of proof on an accused who takes plea of insanity under the indian penal code. Do you think that fairness demands that burden on prosecution should not be heavier? refer to post malimath development. She was in intimacy with a shopkeeper named mahesh running a shop near her house. One day the girl left her house and went to mahesh and asked him to take her away permanently, who took her away to several places. Can they be prosecuted under section 363 of the indian penal code? give reasons with relevant authorities.

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10 b jagat singh gave orders to a press to print 100 forms similar to those formerly used by a coal company. He had corrected the first proof and also suggested further corrections in the second proof in order to make it appear exactly like the form used by the coal company. At this stage jagat singh was arrested and charged with the offence of having attempted to make a false document. 10 c amar singh was arrested by custom officers while in possession of a suit case which he believed to contain prohibited drugs whereas on analysis the drugs in the suitcase were found to be only snuff or harmless vegetable matter. Amar singh had admitted to the custom officers after his arrest that he was dealing in the prohibited drugs. He was charged under section 511 of the indian penal code, with attempting to commit the offence of being knowingly concerned in dealing with and harboring prohibited drugs. 10 d how the trial of warrant cases instituted on police report is different from cases instituted otherwise than on police report? elaborate the procedural differences between the two.

10 q.4: a every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately. 10 b outline the cardinal provisions of code of criminal procedure at the time of commencement of proceedings before magistrates that uphold the virtue of fair trial. 10 c discuss provision of bail available to an under trial under sections 436 and 437 of cr.p.c. Vis à vis section 436a inserted by the code of criminal procedure amendment act, 2005. 10 d write short notes on the following: i difference between discharge and acquittal. Do you think that indian law of evidence is based on law and not on logic? 10 b state the provisions of law and give reasons as to relevancy of the following facts: i in a case of homicide against ‘x’, prosecution produces a statement of ‘y’. Ii in case of an identity of carcass recovered from a pond, ‘the production of super imposed photograph of deceased over the skeleton’ by the prosecution.

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10 c what is the evidentiary value of fir and in what cases fir may become substantive evidence? 10 d i arun, on his trial before the court of sessions, says that a deposition was improperly taken by bir singh, the magistrate. Can bir singh be called as a witness and compelled to answer the questions as to the deposition which is alleged to be improperly taken? 5 ii if arun is an accused before the court of sessions of attempting to murder while on his trial before ram singh, a session judge. Can ram singh be examined as to what happened before him? 5 civil law – ii time ouration. 3 hours maximum marks – 200 important instructions this question paper comprises of two parts i.e. Part a and part b. candidates should answer part a and part b questions in separate answer sheets. if any question of part a is attempted in part b answer sheet or vice versa, if would not be evaluated. A a summary suit, as different from a regular suit, is filed for recovery of money. the suit is filed on the basis of a cheque of rs.

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25 lacs which was issued by the plaintiff in favour of the defendant and which cheque was encashed on presentation. since the amount was not paid on the due date by the defendant a suit for recovery of moneys was filed claiming the principal amount of rs. For the pre suit period as also claiming such interest pendent lite and after passing of the decree till realization. B in this suit the defendant did not put in appearance after service and hence the suit was decreed for failing to file appearance for an amount of rs. 25 lacs with pre suit interest and also interest at the same rate pendent lite and future till realization. I a summary suit is filed under which provision of cpc and in such a suit can the court which passed the ex parte decree pass a decree for payment of interest till realization? ii was the suit maintainable as a summary suit or should the suit have been filed only as an ordinary suit? i did the defendant validly invoke the provision of o. 9 r. 13 cpc and if not, under which provision, the application would lie, and can the court suo moto treat the application as filed under the correct provision of law if yes how? iv in addition to pleading the factum of non service what else had the defendant to plead in an application to set aside the ex parte decree and under which provision? marks 25 q.no.3. I give your decision on such application including by stating the applicable provision of code of civil procedure, 1908 cpc ? ii in your decision deal with the argument urged by madan bhai in his reply that the application of smt. sushila bai cannot be decided unless evidence is led by both the parties and that an application for decreeing the suit can only be filed by a plaintiff and not a defendant.

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marks 25 q.no.4. facts: a a suit for possession 1st suit was filed by one chiranji lal in 1975 against mohan and sohan with respect to the suit property 10 aurangzeb road, new delhi pleading ownership under a sale deed dated 31.1.1974 from late jai ram, the father of the defendants sohan and mohan. in this plaint chiranji lal pleaded that jai ram had purchased the property on 1.1.1974 vide a sale deed from sh. Facts: a a suit was filed by the mother smt. hira on behalf of her minor son chandresh against her father in law sh. B during the execution proceedings the executing court held that instead of partition gurdas singh was only entitled to the value of the undivided share and not physical partition. C when the proceedings were going on the determine the value of the share for being paid to gurdas singh, the father in law sh. Simple. a promissory note was signed by kulvinder singh at the time of giving of the loan in he presence of amrita singh. B over two years after the loan was granted, kulvinder singh paid different amounts on ten occasions and signed a register in the presence of amrita singh on each occasion when he paid amounts either towards part repayment of the loan or towards interest.

C amrita singh had an accountant kalyanji who used to maintain in the regular course of business all the books of accounts and also all the business records of the various loans which used to be advanced by amrita singh. D an acknowledgment of debt form was signed by kulvinder singh after two years of the signing of the promissory note in the presence of kalyanji but not in the presence of amrita singh. E since the loan was not repaid amrita singh filed a suit for the recovery of loan and interest due. during the pendency of the suif and during the course of leading her evidence amrita singh died. amrita singh in her evidence before she died had proved and exhibited the promissory note and the register, but before she could depose further she expired. F after the legal heirs of amrita singh were brought on record the suit continued and the remaining evidence in the suit was led in the form of deposition of kalyanji and who also again proved and exhibited the promissory note, the register which kulvinder singh signed at the time of repayment of the part of the loan/interest and also the acknowledgement of debt form. G the advocate of kulvinder singh at the stage of final arguments took the objection that the evidence led by amrita singh could not be looked into as she died before she was cross examined and that kalyanji could not prove and exhibit the promissory note and the register where kulvinder singh had signed because the said documents were not signed in kalyanji's presence by kulvinder singh. Ii could amrita singh if she was alive and had led evidence proved and exhibited the acknowledgment of debt form which was not signed in her presence? q.no.7 a two brothers, an elder and a younger, inherited an immovable property from their father. after the death of the father a memorandum of family settlement was entered into and which showed how the property was already divided by metes and bounds by the parties. B the original of this memorandum was retained by the elder brother as recorded in the memorandum and the younger brother only had a photocopy made from the original memorandum.

D thinking that the younger brother had no longer any proof with him of the family settlement, the elder brother filed a suit for partition of the inherited property claiming that the property remained undivided after the death of the father. E it however so happened that the wife of the younger brother had made a photocopy of the photocopy of the memorandum and had put the same in her bank locked and this she remembered and got the photocopy which had an endorsement of true copy as per original from the locker and during the course of recording of the evidence she gave if to her husband who thus wanted to file and prove the same. F the advocate of the elder brother objected to the production of the photocopy of the memorandum on the ground that the document was only secondary evidence and hence not admissible in evidence.