1. Discuss the distinction of relevancy and admissibility of scientific techniques like Polygraph Test, Narco Analysis Test and DNA Test as applied to the cases involving laws of paternity as against criminal law with special reference to the ratio of the decision in the case of Selvi and others vs State of Karnataka, (2010) 7 SCC 263. [10]

2. Discuss the grounds on which an application under section 319 Code Of Criminal Procedure for summoning of a person as an accused can be filed, and explain at what stage of the proceedings the Court can do so, with reference to the latest case law of the Supreme Court. [10]

3. How and in what manner, can the evidence of a deaf and dumb person be recorded by a Court ? Explain with the help of case law. [10]

4. Discuss the framing of a charge with the relevant provisions under the Criminal Procedure Code and frame a possible charge in a case where an accused is charged with the offence of murder and also having destroyed evidence in that regard. [10]

5. Write a judgment on the following facts after mentioning bare necessary facts and presuming that necessary witnesses have been examined by the prosecution.
The accused Dr. Ramesh got married to Dr. Vimla, the deceased, on 29-10-1993. Both of them being qualified doctors, were working in King George Medical College Hospital, Lucknow (hereinafter referred to as “KGMC”). The relationship between the husband and wife became strained and they have been living separately since June 1994. As per the accused, a petition for divorce by mutual was filed on 20-2-1996.
On 9-3-1996 the accused handed over a set of bloodstained clothes to Dr. Pawar, the Medical Superintendent, stating that when he came to his room that day, the same were found therein. Dr. Pawar, informed the police about the said incident on the same date.
Dr. Vimla, wife of the accused, had informed her mother, Smt. Victoria, who was living in Rampur, by way of a telephone call on 6-3-1996, that she would visit her on 8-3-1996. However, she did not reach Rampur on 8-3-1996. Victoria, then came to Lucknow on 10-3-1996, and found that her daughter was missing. Smt. Victoria then lodged F.I.R. No. 16 of 1996 on 10-3-1996, at 9.40 p.m. Wherein being the complainant, she expressed her apprehension that the accused herein had abducted her daughter with the intention of killing her.
In the meantime, Dr. Namrata, one of residents of the hostel in which deceased resided, also informed Dr. Pawar, Medical Superintendent that the deceased had in fact been missing from the hostel since 9-3-1996. After an enquiry it came to light that the deceased was on leave from 9-3-1996 to 16-3-1996.
Dilip Yadav, ASI, took up the investigation of the case and went to the accused’s hostel, however, his Room No. 2010, was found to be locked. A police party searched for the accused, among several other places, in the house of Mr. Rana, one of his relatives, but he could not be traced/found anywhere. Dr. Pawar handed over the bloodstained clothes given to him by the accused, to the IO.
On 11-3-1996 Sunil Yadav, SHO, Police Station, Lucknow Kotwali received a wireless message at 9.00 a.m., from the police chowki at Chinhat, which is about 17 km. away from the main city, informing
him that the dead body of a female had been found, lying in the bushes, near the main road. The Investigating Officer took Victoria with him, while accompanied by other police personnel, and recovered the body of the deceased from the said place. Victoria identified it to be the dead body of Dr. Vimla. Immediately after the recovery of the dead body, Sunil Yadav, visited the room of the accused in the hostel and conducted a thorough search of the same, in the presence of Dr. Pawar, Medical Superintendent.
The post-mortem of the deceased was conducted by a Medical Board consisting of three doctors, including Dr. A.V. Sinha, on 11-3-1996. He opined that the deceased had died by way of strangulation and a corresponding ligature mark was found on her neck. She also had several grievous injuries to her head.
On 11-3-1996, the Investigating Officer came to know, in the course of interrogation, that the accused had used the car of one Dr. Dipali, and that a bloodstained mat was lying in the dicky of the said car. The police hence took possession of the said car and mat, and sent the mat for preparation of an FSL report.
The accused was arrested on 11-3-1996, and his room in the hostel was searched yet again. Bloodstained earth from the floor of the room came to be collected. A pair or bloodstained while V-shaped hawai chappals were also found there. Photographs of the said room were also taken. During interrogation, the accused made a disclosure statement on 13-3-1996 to the effect that he would be able to help in the recovery of some relevant material from a place where he had hidden it. The accused then led the police party to a place behind Old Jail, Lucknow. From there, after removing some garbage, etc. one bloodstained gunny bag, a bloodstained dumb-bell and one bloodstained tie, were recovered.
The said recovered articles along with the clothes, etc. found on the body of the deceased at the time of the post-mortem, and the bloodstained clothes given by the accused to Dr. B. Pawar were sent for FSL report. The FSL and serological report revealed that all the articles recovered by the police during investigation, contained human blood, with the sole exception of the mat found in the dicky of the car. The police completed the investigation of the case and submitted a charge-sheet against the accused. The accused thus charged, but as he pleaded not guilty, he claimed trial, write a judgment in a Session Case. 20

6. Discuss the ingredients of the recall of witness under Section 311 Code of Criminal Procedure with with relevant case law on the subject. [10]

7 (a) Cognizance of offence by magistrate [5]

7 (b) Police Officer’s power to investigate cognizable case [5]

7 (c) Security for keeping the peace in the cases other than keeping the peace on conviction [5]

7 (d) Commitment of case to Court of Sessions when offence is triable exclusively by it. [5]

8 (a) The provisions relating to the prosecution of Judges and public servants as provided under the CrPC 1973 [5]

8 (b) The provisions when police arrest a person without warrant [5]

9 (a) What do you understand by the “primary evidence” and “secondary evidence” ? [5]

9 (b) From a photostat copy of a sale deed which was compared with its original another copy is transcribed. A photocopy then is obtained from the transcribed sale deed. Whether the photostat copy such obtained, can be treated as secondary evidence ? [5]

10 (a) Power of Court to issue commissions [5]

10 (b) Execution of decree before ascertainment of costs. [5]

10 (c) General power of High Court and District Court for transfer and withdrawal of any suit appeal or other proceedings. [7.5]

10 (d) Place of institution of suit where local limits of jurisdiction of courts are uncertain. [7.5]

Q 11. Write a detailed note relating to special proceedings for settlement of dispute outside the court. Also provide the details related to rules, if any, made by the Allahabad High Court in relation to alternate redressal of dispute in the state of Uttar Pradesh. [20]

12. A has preferred a civil suit before the Court of Civil Judge, challenging an order dismissing him from service as a consequence to disciplinary action. An application is preferred by the employer B as per provisions of order VII Rule 11 Code of Civil Procedure, 1908 for rejection of plaint on the count that the same is barred by law. In the light of above, draw:

(a) An application as per provisions of the order VII rule 11 Code of Civil Procedure, 1908 on behalf of B. [5]
(b) An order accepting the application aforesaid. [5]

Q13. An FIR has been lodged at Police Station Civil Lines, Prayagraj alleging commission of offences by a under section 419, 420, 467, 468 Indian Penal Code. A prefers an application under section 438 Code of Criminal Procedure, 1973 before the Sessions Court having territorial jurisdiction to have direction for grant of bail apprehending the arrest.
Draw an order on the application aforesaid by keeping in mind all possible primary objections those can be taken by the opposite party. [15]

14. Explain the law relating to stay of suit and consolidation of suit with reference to the provisions of the Code of Civil Procedure. [10]

15 The suit for specific performance of contract filed by ‘A’ decreed (ex-parte against ‘B’.) On getting information of the ex-parte decree, ‘B’ moved an application for setting aside the ex-parte decree. Subsequently, pending application under Order IX, Rule 13 of the Code of Civil Procedure, he also challenged the ex-parte decree by filing an appeal against the ex-parte decree, with an application for condonation of delay under Section 5 of Indian Limitation Act, claiming that the time of alleged execution of agreement for sale, he was minor and as the agreement for sale is null and void so also the decree for specific performance of contract. The application under Order IX, Rule 13 of the Code of Civil Procedure was dismissed by the trial court, in view of explanation inserted by Act No. 104 of 1976 w.e.f. 1-2-1977 on account of filing of appeal. Subsequently, the appeal filed by ‘B’ was dismissed as barred by time.

Whether the trial court was right in dismissing the application under Order IX, Rule 13 of the Code of Civil Procedure on the ground of filing of appeal? Answer with reasons. [10]

Q.1. Write detailed notes on following:
(a) Order for payment of maintenance under “The Muslim Women (Protection of Rights on Divorce) Act,1986”.

Q.1 (b) Restitution of conjugal rights and judicial separation under the Hindu Marriage Act, 1955

Q.2. Write a detailed note on the Extinction, Suspension and Revival of Easements as Prescribed under Chapter V of the Indian Evidence Act,1882.

Q.3. Write short notes on following:
(a) Power of Registrar for rectification of mistakes prescribed under the Indian Partnership Act, 1932.

3 (b) The conduct of the business between the partners as per the Indian Partnership Act,1932.

Q.4. (a) ‘A’ conveys property to ‘b’ in trust to apply the profit to use for marriage of minor girls. the trust shall be void or not? substantiate your answer with reasons.

4(b) ‘a’ as the owner of a certain house, has the right to conduct water from ‘b’s stream to supply the fountains in the garden attached to the house. whether this is an easenent or not? if yes, explain the same.

Q.5. (a) ‘R’ AND ‘S’ contract that ‘r’ shall deliver silver articles to ‘s’ at a price to be paid by installments and first installment shall be paid seven days in advance from the date fixed for delivery of goods.’s’ did not pay the first installment seven days earlier to the date fixed for delivery of goods but offers subsquent thereto. whether ‘r’ needs to deliver the goods to ‘s’?
Discuss in light of the relevent provisions of the Indian contract Act,1872.

5(b) ‘A ’holds a lease from ‘b’, terminable on three months’ notice. ‘c’ an unauthorized PERSONS, GIVE a notice of termination to ‘a’. whether on ratification by ‘b’ such notice can have binding effect on ‘a’? If no, explain with reasons.

Q.6. Explain the FOLLOWING:
(a) Contingent contract

6(b) contract of indemnity

6(c) Agent and Principal

6 (d) compensation for loss or damage caused by breach of contract.

Q.7. Explain the following in light of provisions of the transfer of property Act,1882.
(a) Implied contracts by mortgagor

7(b) Right to save for mortgaged money.

Q.8. ‘A’ has preferred an application under Section 13 of the Hindu Marriage Act,1955 to have a decree of divorce against his wife ‘B’ on the ground of adultery. ‘B’ the wife has no independent income sufficient for her support.
Write an application on her behalf to have maintenance pendente lite and expenses of proceedings.

Q.9. Write a detailed note relating to the object, scope and difference between the fundamental Rights and Directive Principles, prescribed under the Constitution of India.

Q.10. Article 311 of the Constitution of India has a check to the pleasure available to the President of India and the Governors of the states as per Article 310 of the Constitution of India.

Q.11. Write a detailed note on the provisions relating to the Cooperative Societies under the Constitution of India.

Q.12. Write short notes on following:
(a) Appointment of District Judges as per Article 233 of the Constitution of India.

12(b) Appointment of Retired Judges as seats of High Courts.

Q.1. ‘A’ landholder, knowing of the commission of a murder within limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the falling down from unusual height. ‘A’ is guilty of which offence defined under Indian Penal Code and on conviction ‘A’ can be sentenced to what extent?

Q.2. Discuss the provisions prescribed under Indian Penal code relating to voluntarily causing grievous hurt by use of acid.

Q.3. In joseph shine v. Union of India. AIR 2018 SC 4898, the Supreme Court of India struck down section 497 of the Indian Penal code and also Section 198(2) of the Code of Criminal procedure. Discuss the background and the reasons given by the Supreme Court to do so.

Q.4. Discuss the provisions relating to “Defamation” as described under Chapter XXI of the Indian Penal Code.

Q.5. Write short notes on following:
(a) Termination of imprisonment on payment proportional part of fine.
(b) Imprisonment for non-payment of fine when offence punishable with fine only.

Q.6.A Hindu girl 17 years of age, studying in XII th standard under the case and protection of her parents was living with them. She was having intimacy with a shopkeeper running a shop near her house. One day the girl left her house and went to the shopkeeper and asked him to take her away permanently. The shopkeeper took her away to several places. Later on, he was arrested under Section 363 of Indian Penal Code. State whether the shopkeeper can be convicted. Answer giving reasons with reference to legal provision.

Q.7. (a) How, when and in what circumstances can the State Government under Section 48(2) of the U.P. Municipalities Act, 1916 seize financial and administrative powers and functions of with case law on the point.

7 (b) Can a private street be declared as public street by Municipality? If yes, how? If no, why?

7 (c) What are the essential pre-requisites for directing recounting of votes by Election Tribunal hearing election petition questioning the election of Pradhan of a Gram Panchayat? Discuss with reference to case law on the subject?

7 (d) What is the minimum percentage of reservation for women of Scheduled Tribe and Backward Classes in election of members of Gram panchayat? What is the overall proportion of reservation of women to the total number of seats in Gram panchayat?

Q.8. (a) Do principles of Hindu Law or Personal Law apply to bhumidhari rights? Discuss with reference to provisions of the U.P. Revenue Code, 2006 and precedents on the subject.

8 (b) A male bhumidhar dies leaving behind: (i) Mother; (ii) Father; (iii) Married Daughter; (iv) Son’s Daughter. Upon whom will interest devolve and what will be their share?

8 (C) Who can use sue for division of bhumidhari holding and who are necessary parties to such a suit?

8 (d) Under which provision and after what interval an area can again, be brought under consolidation of Holdings Act, 1953?

8 (e) ‘A’ instituted a suit against ‘B’ for cancellation of sale deed on the ground that ‘B’ succeeded in obtaining sale deed from him under influence of liquor and that no sale consideration had passed. During pendency of the suit, notification under Section 4 of the U.P. consolidation of Holdings Act, 1953 was issued for the said area. What will be the effect of the said notification on the pending suit? Support your answer with at least one precedent on the point.

Q.9. ‘A’ sues his tenant ‘B’ for eviction on the ground of default in payment of rent of more than four months. ’B’ admits that rent is due but claim that he tendered the entire amount by money order in response to notice of demand, well within one month, but it was refused by the Landlord. The tenant did not deposit the rent in the suit in terms of Section 20(4) of the U.P. urban Buildings (Regulation of Letter, Rent and Eviction) Act, 1972. Can he save himself from evidence? Discuss with reference to case laws.

9(b) Which substantive remedy has been conferred in favour of the Landlord under the U.P. Urban Buildings (Regulation of Letter, Rent and Eviction) Act, 1972, who have been denied right to seek release of the tenanted premises under Section 21(1) (a)?

9 (c) ‘X’ landlord succeeds in evicting ‘Y’ from the shop in his tenancy by obtaining a release under Section 21(1) (b) of the U.P. Urban Buildings (Regulation of Letter, Rent and Eviction) Act, 1972, but therefore omits to comply with it. What are the remedies available to such a tenant? Discuss.

Q.10. (a) ‘A’ got unloaded a truck full of sand on footpath in front of his house. What action can Development Authority take against ‘A’ for having done so and under which provision of law?

10 (b) The Development Authority removes the front boundary wall of the house of ‘B’ on the ground that it is built over public private Land. What is the legal remedy available to ‘B’ and under which Act?

10 (c) Apart from power to order demolition of building under Section 27 of the U.P. Urban Planning and Development Act, 1973, what other powers can be exercised by the Development Authority to stop construction being raised in contravention of Master Plan?