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25th September 2014, 03:45 PM
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Join Date: Apr 2013
Re: CS Executive Module 1 Exam Question Paper

Here is the list of few questions of CS Executive Module 1 Exam Question Paper which you are looking for .

1. (a) "Writ of habeas corpus is a bulwark of personal liberty." Justify this statement in the
light of the provisions stated in the Constitution of India.
(8 marks)
(b) "Right to fundamental freedoms is not absolute." Elaborate.
(6 marks)
(c) State the grounds under which an instrument can be cancelled under the Specific
Relief Act, 1963.
(6 marks)
2. (a) State the documents which are required to be compulsorily registered under the
Registration Act, 1908.
(6 marks)
(b) What is meant by the doctrine of feeding the grant by estoppel ?
(5 marks)
(c) Specify the categories of information that have been exempted from disclosure under
the Right to Information Act, 2005.
(5 marks)
3. Distinguish between the following. Attempt any four :
(i) 'Damnum sine injuria' and 'injuria sine damno'.
(ii) 'Lease' and 'licence'.
(iii) 'Pleader' and 'public prosecutor'.
(iv) 'Decree' and 'order'.
(v) 'False imprisonment' and 'malicious prosecution'.
(4 marks each)


4. Attempt any four of the following :
(i) Explain the 'pith and substance' rule with the help of decided cases.
(ii) Explain the Collector's power to stamp an instrument which is impounded.
(iii) State in brief the powers of Information Commission under the Right to Information
Act, 2005.
(iv) "The law of limitation bars the remedy in a court of law only when the period of limitation
has expired, but it does not extinguish the right that it cannot be enforced by judicial
process." Elaborate.
(v) List out various cyber offences under the Information Technology Act, 2000.
(4 marks each)

5. (a) Re-write the following sentences after filling-in the blank spaces with appropriate
word(s)/figure(s) :
(i) Article 15(4) of the Constitution of India permits the State for making special
provision for the advancement of (a) Socially and educationally backward classes
of citizens; (b) Scheduled Castes; and (c) _________.
(ii) Debentures are _________ and therefore not regarded as actionable claims.
(iii) A document which is plainly intended to be operative immediately is _________.
(iv) The registration of instrument of gift of immovable property is _________.
(v) The verification of electronic record is done by the use of _________ of the
subscriber.
(vi) Only a police officer of the rank of _________ is competent to investigate an
offence under the Information Technology Act, 2000.
(vii) Where the _________ of the statute is clear, there is no need of presumption.
(viii) No citizen of India shall accept any title from any _______ State.
(b) Write the most appropriate answer from the given options in respect of the following :
(i) Every breach of contract gives rise to a cause of action for which suit may be
instituted at a place —
(a) Where the contract was made
(b) Where the breach has occurred
(c) The place where money is payable
(d) All of the above.

(ii) Public authority as defined in the Right to Information Act, 2005 means any
authority or body or institution of self government established or constituted —
(a) By the Constitution of India
(b) By any other law made by the Parliament
(c) By any other law made by State legislature
(d) All of the above.
(iii) The purpose of interpretation clause is to —
(a) Give dictionary meaning of the word
(b) Give an overview of the statute
(c) Give complete meaning of the statute
(d) Avoid the need of frequent repetitions in describing the intending subject
matter.
(iv) Under the Right to Information Act, 2005, where life or liberty of a person is
involved, the PIO must provide the information within —
(a) 48 Hours
(b) 30 Days
(c) 24 Hours
(d) One week.
(v) Adhesive stamps can be cancelled by —
(a) Concerned person by writing his name across the stamp
(b) Putting his initials with the name of the firm with date of his signature
(c) Any other effective manner
(d) Any of the above.
(vi) The definition of the 'State' as given under Article 12 of the Constitution of India
includes —
(a) The Central Government and Parliament of India
(b) The government and legislature of each of the States
(c) All local or other authorities within the territory of India or under the
control of the Government of India
(d) All of the above.
(vii) Which of the following is not a characteristic of a digital signature —
(a) Unique to the subscriber affixing it
(b) Capable of identifying the subscriber
(c) Capable of identifying the addressee
(d) Created in a manner or using a means under the exclusive control of the
subscriber.
(viii) An 'anticipatory bail' is granted by —
(a) Metropolitan Magistrate
(b) The Supreme Court
(c) The Court of Session
(d) Any Judicial Magistrate of the First Class.
__ __ _

6. State, with reasons in brief, whether the following statements are true or false :

(i) The Schedules form a part of the Statute and must be read together with it for all purposes
of construction.

(ii) A 'warrant case' means a case relating to an offence punishable with imprisonment upto
two years.

(iii) The doctrine of res judicata underlines the general principle that no one shall be vexed
twice for the same cause.

(iv) Courts can try all civil suits, unless barred.

(v) An appeal can be made to the Registrar against the decision of a Sub-Registrar within
a period of 60 days of making such order.


(vi) The Public Information Officer has been empowered to reject a request for information
where an infringement of a copyright subsisting in a person would be involved.


(vii) A non-cognizable offence does not need special authority to arrest by a police officer.


(viii) The Right to Information Act, 2005 is applicable to the whole of India with all its
provisions.
(2 marks each)


7. (a) Ramendra prefers an appeal for setting aside the arbitral award on the ground that he
was not given a proper notice of arbitral proceedings and thereby not being able to
present his case. He also furnishes sufficient proof and pleads before the Court that
he received the arbitral award just 10 days back. Advise with reasons —
(i) Whether Ramendra will succeed in his prayer; and
(ii) Whether the law of limitation will not be a bar ?
(5 marks)
__ _ _


(b) On 30th November, 2008, Mohan took a loan of _20,000 from Sohan. He paid _5,000
to him on 31st August, 2011, towards part-payment. After that, Sohan did not receive
any amount from Mohan. Subsequently, Sohan instituted a suit for recovery of the
dues from Mohan after the expiry of 2 years from the date of last part-payment. Advise,
whether (i) the suit is maintainable; and (ii) the part-payment is an acknowledgment
of payment.
(6 marks)

(c) A Magistrate of the First Class passed a sentence of imprisonment for a term of three
years with a fine of _6,000 and in lieu of non-payment thereof, an additional
imprisonment for another one year. The aggrieved party, Anshul, wants to prefer an
appeal against the order of the Magistrate. Will he succeed ? Advise with reasons.
(5 marks)


8. (a) Arun representing that the tenants on his land were all at will, sells it to Barun, and
conveys it to him by an instrument dated 1st January, 1977. Soon after that day, Arun
fraudulently grants to Chandan, a lease of part of the land, and procures the lease dated
1st October, 1976 to be registered under the Registration Act, 1908.
Explain whether Barun can obtain cancellation of the lease, and if so, on what terms.
(5 marks)
(b) A real estate company has its head office at Delhi and branch offices at Ahmedabad,
Patna and Indore. A dispute cropped up between Sorabh and the company in respect
of a transaction through Ahmedabad office. Sorabh files a suit in respect of this dispute
against the company in a court at Patna. How will the court decide ?
(6 marks)
___
__ _ _
(c) Ramu is accused of a crime. He suddenly left his house after commission of the crime.
He explained to the court that he had sudden and urgent business at the place to which
he had gone. He also gave the details of his business there. Discuss, what facts are
relevant and not relevant in this case.
(5 marks)
_________


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