SOLVED PAPER GCL JUNE 2011 - CS NOTES

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performs all the functions from accepting data and information, to storing it, to presenting it in a different mode of output. Section 2(1)(j) defines ‘Computer network’ as the connection or linkage between two or more computer systems with the help of any mode – connecting wire or optical media, satellite or remote terminals. 2011 ‐ June [5] (a) Re‐write the following sentences after filling‐in the blank spaces with appropriate word(s)/figure(s) : (i) The publication of defamatory statement through written words is known as libel . (1 mark) (ii) A pending suit, action, petition or the like is known as lis pendens. (1 mark) (iii) The doctrine which underlines the general principle that no one shall be vexed twice for the same cause is known as res judicata. (1 mark) (iv) A statement given by a judge on the grounds of decree or order is known as judgement . (1 mark) (v) Actionable claims are claims to unsecured debts. (1 mark) 2011 ‐ June [5] (b) Write the most appropriate answer from the given options in respect of the following : (i) The Constitution of India was enacted on ‐ (a) 26th November, 1949 (b) 26th January, 1950 (c) 28th January, 1950 (d) None of the above. (1 mark) Ans. (b) 26th January, 1950 (ii) The Preamble of the Constitution ‐ (a) Is a part of the Constitution (b) Can be used for interpreting the Constitution (c) Both (a) and (b) (d) None of the above. (1 mark) Ans. (c) Both (a) and (b) (iii) The relief of cancellation of instrument is founded upon the principle of ‐ (a) Preventive justice (b) Protective justice (c) Proper justice (d) None of the above. (1 mark) Ans. (b) Protective justice (iv) As per the Transfer of Property Act, 1882, a person is an ostensible owner of an immovable property where he becomes interested therein by ‐ (a) Express consent (b) Implied consent (c) Either (a) or (b) (d) Both (a) and (b). (1 mark) Ans. (c) Either (a) or (b) (v) Second appeal to the Central Information Commission or the State Information Commission, as the case be, may be filed within ‐ (a) 30 days (b) 60 days (c) 90 days (d) 120 days. (1 mark) of the date on which the decision was given by the First Appellate Authority. Ans. (c) 90 days (vi) The right of review has been conferred by the Code of Civil Procedure, 1908. It provides that any person considering himself aggrieved by a decree or order may apply for a review of the judgement to the ‐ (a) Appellate Court
(b) High Court (c) District Court (d) Court which passed the decree or order. (1 mark) Ans. (d) Court which passed the decree or order. 2011 ‐ June [5] (c) Define res judicata and state the conditions of its application. Ans. ‘The Doctrine of Constructive Res Judicata’ has been provided in Section 11 of the Code of Civil Procedure, 1908. It prevents further suits being filed for a matter that is at the core of a former suit. The reasons are as below – The same party should not be troubled with the same matter again and again. There should be a limit to the number of cases filed in a court, i.e. vexatious cases should not be entertained. The same matter should not be used for wasting valuable court time repeatedly. All reliefs claimed but not given will be deemed to be refused. The court which tried the previous suit should be competent to try the latter suit. The basic requirement for applying this doctrine is that the matter that is at the core of the former suit should also be the main essence of the latter suit(s). (5 marks) 2011 ‐ June [6] State, with reasons in brief, whether the following statements are true or false : (i) A contract which is dependent upon the personal qualifications can be specifically enforced. Ans. False. As per Section 14 of the Specific Relief Act, contracts of personal volition or qualification cannot be specifically enforced, as the quality of work performance cannot be ensured, nor can the continuity be ensured. (ii) 'Arbitral tribunal' means a sole arbitrator or a panel of arbitrators. Ans. True. As per Section 2 (1) (d) and Section 10 of the Arbitration and Conciliation Act, 1996 (iii) A mere right to sue can be transferred. Ans. False, As per Section 6 (e) of the Transfer of Property Act. (iv) A complaint in a criminal case is what a plaint is in a civil Case. Ans. True, A complaint in CrPC means a complaint made to a magistrate. It is defined in Section 2(d) of CrPC. As per the section it means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. (v) In a declaratory decree, the right of any person to any property or his legal character is ascertained. Ans. True. A declaratory judgment is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. (vi) A writ of certiorari is issued to prevent a lower court from usurping jurisdiction which is not legally vested in it. Ans. False. A writ of certiorari is issued to question what right the person acquiring any powers have to acquire them. Where they exceed their legal authority, they can be questioned using this writ. (vii) All documents produced for the inspection of the court are known as documentary evidence. Ans. True. As per Section 3 of the Indian Evidence Act. (viii) An instrument not 'duly stamped' can be accepted in evidence by an arbitral tribunal. Ans. True. An instrument not 'duly stamped' can be accepted in evidence by an arbitral tribunal, but only after having paid the requisite penalty. (2 marks each)
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Page 3 and 4: A ‘perpetual injunction’, often
Page 5: Section 12 - It says that the time
Page 9 and 10: months. Hence, it can be registered

SOLVED PAPER GCL JUNE 2011 - CS NOTES

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