CS Executive Module Exam Question Paper

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1. (a) Discuss in brief the doctrine of severability.
(8 marks)
(b) Describe the right of minorities to establish and administer educational institutions as
enshrined in the Constitution of India.
(6 marks)
(c) Explain the rule of ejusdem generis with the help of any case decided by the Supreme
Court of India.
(6 marks)
2. (a) What do you mean by .promissory note. ? State the requisites of a promissory note
with the help of some illustrations.
(5 marks)
(b) Discuss in brief the main remedies available to a person against whom ex parte decree
is passed.
(5 marks)
(c) What is meant by .preventive detention. ? What are the safeguards available against
preventive detention ?
(6 marks)
3. Distinguish between the following. Attempt any four :
(i) .Specific performance. and .injunction..
(ii) .Battery. and .assault..
(iii) .Set-off. and .counter claim..
(iv) .Review. and .revision..
(v) .Summons. and .warrant of arrest..
(4 marks each)
4. (a) Discuss the evidentiary value of an instrument not duly stamped under the Indian
Stamp Act, 1899.
(4 marks)
(b) Describe the offence of .hacking. the computer system as provided under the provisions
of the Information Technology Act, 2000.
(4 marks)
(c) State the meaning and characteristics of immovable property as per the Transfer of
Property Act, 1882.
(4 marks)
(d) What do you mean by the rule of lis pendens ? Write down the essentials of rule of
lis pendens as provided in the Transfer of Property Act, 1882.
(4 marks)
5. (a) Re-write the following sentences after filling-in the blank spaces with appropriate
word(s)/figure(s) :
(i) .Lease. means a lease of ____________ property.
(ii) There are two types of stamping namely, adhesive stamping and ____________
stamping.
(iii) .Private key. means the key of a key pair used to create a ____________ as
given under section 2(1)(zc) of the Information Technology Act, 2000.
(iv) No court shall take cognizance of an offence after six months, if it is punishable
with ____________ only.
(v) All ____________ shall have the right to seek information subject to the
provisions of the Right to Information Act, 2005.
(vi) Attack on the reputation of a person is called ____________ .
(vii) ____________ is at times appended to a section to explain the meaning of words
contained in the section.
(viii) A licence does not transfer any ____________ in the property and the licensee
has no right to possession.
(1 mark each)
(b) Write the most appropriate answer from the given options in respect of the following :
(i) Which of the following conditions are necessary for the application of section 41
of the Transfer of Property Act, 1882 .
(a) The transferor is the ostensible owner
(b) The transferor has given his consent
(c) The transfer is not for consideration
(d) Both (a) and (b) above.
(ii) Which of the following conditions are required for the principle of res
judicata to suits as applied by courts vide section 11 of the Code of Civil
Procedure, 1908 .
(a) The matter directly and substantially arise in former and later suits
(b) The former suit has not been decided
(c) The said suit has not been heard and decided
(d) All the above are required for the application of res judicata.
(iii) Which of the following are the different classes of criminal courts .
(a) High Courts
(b) Sessions Courts
(c) Judicial Magistrates
(d) All of the above.
(iv) Which of the following judicial authorities shall not conduct a summary trial .
(a) Any Judge of a High Court
(b) Any Chief Judicial Magistrate
(c) Any Metropolitan Magistrate
(d) Any first class Magistrate specifically empowered by a High Court.
(v) To avoid any inconsistency or repugnancy either in a section or between sections
and other parts of the statutes, the rule applied is that of .
(a) Harmonious construction
(b) Literal construction
(c) Reasonable construction
(d) None of the above.
(vi) Any person aggrieved by an order of the Controller of Certifying Authorities or
of the Adjudicating Officer can appeal to the Cyber Appellate Tribunal within .
(a) 30 days
(b) 45 days
(c) 60 days
(d) 90 days.
(vii) Under law of torts, exception to the strict liability is .
(a) Inevitable accident
(b) Inevitable mistake
(c) Consent of the plaintiff
(d) All of the above.
(viii) .Computer network. means the interconnection of one or more computers through
the use of .
(a) Satellite
(b) Microwave
(c) Terminals
(d) All of the above.
(1 mark each)
6. State, with reasons in brief, whether the following statements are true or false :
(i) The right to know, receive and impart information has been recognised within the right
to freedom of speech and expression.
(ii) The rules of evidence are the same in civil and criminal proceedings and there is no
strong and marked difference as to the effect of evidence in civil and criminal proceedings.
(iii) The courts of India are not bound by the specific provisions of the Limitation Act, 1963.
(iv) The Right to Information Act, 2005 imposes stringent penalty on a public information
officer (PIO) for failing to provide information and the penalty is `150 per day upto
a maximum of `15,000.
(v) Under section 24 of the Registration Act, 1908 a document executed by several persons
at different times may be presented for registration and re-registration within six months
from the date of each execution.
(vi) The mere existence of arbitration clause in agreement bars the jurisdiction of civil courts
automatically.
(vii) The chance of an heir apparent succeeding to an estate, the chance of a relation obtaining
a legacy on the death of kinsman or any other mere possibility of a like nature cannot
be transferred.
(viii) Delay in registration of a deed of gift under the Transfer of Property Act, 1882 postpones
its operation.
(2 marks each)
7. (a) An instrument bears a stamp of sufficient amount, but of improper description. Can
it be certified as duly stamped ? How the instrument can be rectified and what would
be the date of its execution ?
(6 marks)
(b) Achal gives an instrument to Basu which is unstamped. This instrument is also not
registered .
(i) Will the instrument be admitted in evidence ?
(ii) Will the situation change if the instrument is stamped but not registered before
passing to Basu and Basu gets it registered subsequently ?
(5 marks)
(c) Ragini told Rajendra in the year 2007 that she had committed theft of the jewellery
of her neighbour Asha. Thereafter, Ragini and Rajendra were married in the year 2008.
In the year 2009, criminal proceedings were instituted against Ragini in respect of the
theft of the said jewellery. Rajendra is summoned to give evidence in the said criminal
proceedings.
Decide whether Rajendra can disclose the communication made to him by Ragini in
the year 2007, in the criminal proceedings in respect of the theft of the jewellery.
(5 marks)
8. (a) Mohan and Sohan are jointly tried for the murder of Rohan. It is proved that Mohan
said, ..Sohan and I murdered Rohan... Can the court consider the effect of this confession
as against Sohan ? Give reasons.
(5 marks)
(b) The driver of a petrol lorry, while transferring petrol from the lorry to an underground
tank at a garage, struck a matchstick in order to light a cigarette and then threw it, still
alight on the floor. An explosion and a fire ensued.
Who is liable for the damage so caused ? Decide giving case law on this point.
(5 marks)
(c) Shyam, a police officer comes to know from reliable sources that four persons are staying
in a house and planning to kidnap and murder Rajan. They are equipped with automatic
weapons. The police officer apprehends that they will commit the crime at any moment.
He directly goes to that house and, without any warrant or order from the Metropolitan
Magistrate, arrests all the four persons along with weapons in their possession. Is the
arrest of all the four persons valid ? Decide with reasons.
(6 marks)