LLB 3 Years Sem 5 CPC Dec 2023 Question Paper - Mumbai University | munotes
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Questions asked in this paper
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Q1 Answer in one or two sentences: (Any 6) 12 marks
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Q1 What is meant by cause of action?
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Q2 Mention any two duties of Court Receivers
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Q3 What is the purpose behind enactment of the Limitation Act,1963.
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Q4 What is meant by mesne profits?
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Q5 What is meant by compensatory costs?
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Q6 What is meant by ‘Court which passed a decree’?
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Q7 What is meant by interpleader suit ?
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Q8 What is meant by ‘Stay of Suit’?
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Q9 Define ‘Prescribed Period’
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Q10 What is meant by a necessary party?
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Q2 Write Short Notes: (Any 2) 12 marks
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Q1 Exclusion of time of proceeding bona fide in court without jurisdiction
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Q3 Temporary Injunctions
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Q4 Commissions
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Q3 Solve the following situation-based problems (Any 2) 12 marks
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Q1 Aakash is aggrieved by the decree of a court. He desires that the same court reexamines
- a. What is the re-examination of a judgement by the same court known as? Cite the
- b. Explain the legal requirements that need to apply in a matter for seeking such a re
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Q2 Sujal, a minor wish to sue Dinesh, an adult pertaining to a dispute relating to a certain
- a. Who shall institute the suit on behalf of Sujal? Explain the relevant legal provision
- b. Sujal attains majority during the pendency of the suit. Advise Sujal in light of the
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Q3 Avinash and Yash are independent businessmen having their offices in India as well as Portugal. With regard to a dispute relating to a business transaction between them, Avinash claims to have a judgment in his favor, pronounced by a court in Portugal
- a. In India, what will such court and judgment be referred to as? Cite the relevant legal
- b. Mention any 3 grounds on which Yash can attack the judgment of the Portuguese court in India. Cite the relevant legal provision
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Q4 Jagdish claims title to an easement over a certain ‘right of way’ over the land of his
- a. What must Jagdish prove in the court of law to succeed in such a suit in regard to the ‘right of way’? Cite the relevant legal provision
- b. To what extent does the legal position change where such ‘right of way’ is over land belonging to the Government?
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Q4 Write Essay Type Answers (Any 2) 24 marks
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Q1 Explain in detail the concept of decree, kinds of decrees as well as contents of a decree Differentiate between decrees and orders
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Q2 Explain fully the key provisions relating to First Appeals under the Code of Civil
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Q3 Discuss the key provisions regarding ‘Legal Disability’ under the Limitation
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Q4 Examine the provisions regarding ‘Suits by Indigent Persons’
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Q1 site
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Q6 fear
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Q1 dos
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Q1 AA GPA
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