20 objective questions

2. Write a judgment in an appeal filed on the following facts after mentioning bare necessary facts, presuming that necessary witnesses were examined and relevant documents have been produced.
The plaintiff entered into a transaction with the defendant on 7-10-1989. The deed was titled as Conditional Sale deed of immovable property. The land, in question, was situated in the market area of the city of Mirzapur. A building was constructed thereupon. The market price of the land was higher than Rs. 51,000/- at the relevant point of time.
The relevant terms of the said document evidencing the transaction in question are as under: —

“ 1. The property described above is sold by me for a period of five years and you are put into possession thereof. Consideration of Rs. 51,000/- for the said sale is paid by you to me and I have received the same and there is no grievance with respect to the said receipt.

2. You are entitled to enjoy the possession of the said property till the said period and get the property transferred in your name and pay the municipal assessment with respect thereto.

3. In case the above said amount of Rs. 51,000/- is repaid to you by the end of the above said period or prior thereto, you will accept the same and restore the said property in my possession and execute the sale deed in my favour as per the agreement between us.

4. At the end of period mentioned hereinabove or also before the expiry of the said period at any time if we return the sale deed amount of Rs. 51,000/-, after accepting the said amount you have to return the possession in our favour and to execute sale deed in our favour. This is agreed between us.”
The plaintiff offered to return the said amount of Rs. 51,000/- to the defendant. It was not accepted on the premise that the defendant had acquired an absolute title thereto.
A suit for redemption of mortgage was filed on or about 24-2-2001. The defendant filed written statement to the effect that it was not a mortgage by conditional sale but a sale with an option to repurchase within the stipulated period.
The Trial Court framed necessary issues. Upon consideration of the said deed dated 7-10-1989 the Court opined that the transaction was that of a sale and not a mortgage and thus dismissed the suit.

Plaintiffs appeal against the said decree. 20

3. A Hindu undivided family which is a partner in a firm if ceases to exist, then whether the partnership exits or stands dissolved? Discuss with the help of relevant case law and Section 5 of the Indian Partnership Act, 1932. 10

4. Discuss the contingencies of the statutory provision of the dissolution of partnership and explain with the help of case law as to whether, if the widow of a deceased partner joins the firm with a fresh deed or partnership, does it constitute a change in the Constitution of the firm or not? 10

5. Explain and discuss as to whether a suit for declaration without seeking possession of a property is maintainable or not with the relevant provisions of the Specific Relief Act and case law, if any. 10

6. Answer the following giving reasons :

On 10th of January, 2004, ‘A’ executes an unregistered agreement to sell an immovable property for consideration in favour of ‘B’ and puts ‘B’ in possession of the property. Half of the consideration is paid. Balance consideration was to be paid within six months by ‘B’. Alleging breach of contract by ‘B’, ‘B’ institutes a suit for protect possession on the principle of part performance under Section 53-A of the Transfer of Property Act.

Will ‘B’ succeed? 10 marks

7. Explain with the help of the relevant provisions the grounds on which a suit can be filed for framing a scheme of a mismanaged trust. 10

8. Explain the status of succession to property of an illegitimate child with reference to Section 16 of the Hindu Succession Act. 10

9. (a) Explain the essentials of a valid Muslim marriage.

9. (b) Can a Muslim whose marriage was performed during minority repudiate the marriage.

9. (c) Whether a Muslim can solemnize ‘Nikah’ or give divorce (talak) by phone, video conferencing and internet. 10

10. Explain the essential conditions for creation of a valid Wakf under Muslim law. Can a Muslim create a Wakf of his undivided share in a joint property or not? Explain 10

11. Before marriage, a Hindu male H. adopted a son S2. This Hindu male H, is already having one illegitimate son S1 before such adoption. A Hindu female F, who had her illegitimate daughter D1, adopted one daughter D2, and one son S3 before her marriage. This Hindu male H, married with Hindu female F, and after their marriage, had children, born from such marriage as son S4 and daughter D-3.
(i) Are the adoptions of S2, D2 and S3 valid? 8
(ii) If H dies intestate leaving behind his wife F and all the children as mentioned in the problem, who will succeed his property? 6
(iii) If F dies intestate leaving behind her husband H and all the children as mentioned in the problem, who will succeed her property? 6

12. Discuss with the relevant case law of the Apex Court with regard to the provisions of the Enforcement of the Uniform Civil Code as contained in Article 44 of the Constitution of India. 10

13. What is the scope and extent of control of the High Court over the subordinate judiciary as understood under Article 235 of the Constitution of India. 10

14. Reservation in promotion has been permitted in relation to which Article of the Constitution of India and how has the Supreme Court explained the applicability and enforcement of the relevant law on the subject with special reference to the decisions in the cases of U.P. Power Corporation v. Rajesh Kumar and others, 2012 (7) SCC PageA and M. Nagraj and others v. Union of India, AIR 2007 SC page 71 [10]

20 objective questions ..

16. Define licence. When licence is transferable and when it is revocable or deemed to be revoked? Explain with reference to the relevant provisions of law. 10

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 law of paternity as against criminal law , with special reference to the ratio of the decisions in the case of Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for women and another, (2010) 8 SCC 633, Selvi and others v. State of Karnataka, (2010) 7 SCC 263 and the latest decision in the case of Dipanwita Roy v. Ronobroto Roy, Civil Appeal No. 9744 of 2014, decided on 15-10-2014. 10

2. What are the amendments introduced in Section 65 of the Indian Evidence Act in relation to Electronic Evidence. Discuss with illustrations. 10

3. Discuss the grounds on which an application under Section 319, Cr. P.C. for summoning of a person as an accused can be filed, and at what stage of the proceedings can the court do so, with (reference to the latest case law of the Supreme Court in the case of Hardeep Singh v. State of Punjab, (2014) 3 SCC 92. 10

4. A suit for specific performance is filed which is slightly beyond the period of limitation as prescribed, and relates to an agricultural holding the title thereof is disputed. Frame the possible and relevant issues under the provisions of the Civil Procedure Code. 10

5. How can 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

6. (i) Under the provisions of Civil Procedure Code plea of adverse possession is a defence available 
(a) only to plaintiff against defendant
(b) only to defendant against plaintiff
(c) both plaintiff and defendant
(d) only to movable property

(ii) The reappreciation of evidence in second appeal 
(a) is subject to review
(b) is permissible
(c) is not permissible
(d) is an admitted fact.

(iii) Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to 
(a) give more power to Civil Courts
(b) reduce the power of Civil Courts
(c) cut short delay in disposal of suit
(d) make provisions stringent.

(iv) Preliminary decree can be passed in a suit
(a) for partition
(b) of partnership 
(c) for possession and mesne profits
(d) all the above.

(v) Preliminary decree is
(a) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit.
(b) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit.
(c) both (a) and (b)
(d) neither (a) nor (b)

(vi) A decree becomes final 1
(a) when it conclusively determines the rights of the parties
(b) when no appeal has been preferred against the decree
(c) both (a) and (b)
(d) neither (a) nor (b)

(vii) which of the following is not a decree
(a) dismissal in default (b) rejection of a plaint
(c) both (a) and (b) (d) neither (a) nor (b)

(viii) Order has been defined as a formal expression of any decision of a civil court which is not a decree, under
(a) Section 2(1) ofC.P.C. (b) Section 2 (14) of CP.C.
(c) Section 2 (9) of CP.C. (d) Section 2 (16) of CP.C.

(ix) A decree holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made, under
(a) Section 2 (13) of CP.C. (b) Section 2 (3) of CP.C.
(c) Section 2 (4) of CP.C. (d) Section 2 (16) of CP.C.

(x) A decree holder
(a) need not be a party to the suit
(b) the term is not confined to plaintiff
(c) both (a) and (b)
(d) neither (a) nor (b).

(xi) Foreign court under Section 2 (5) of means 1
(a) a court situated outside India
(b) a court situated outside India and not established under the authority of Government of India
(c) a court situated in India applying foreign law
(d) all the above

(xii) Judgment under Section 2 (9) means 1
(a) a decree (b) dismissal of an appeal summarily
(c) statement of grounds of an order or decree
(d) all the above

(xiii) Legal representative under Section 2 (11) of C.P.C. means a person who is 
(a) Relative of parties to the suit
(b) co-sharer of the benefits assuming to parties to the suit
(c) who is law represents the estate of the deceased
(d) all the above

(xiv) ‘A’ thes leaving behind a son ‘X’ and a married daughter ‘Y' a suit filed by ‘A’, after his death, can be continued by 
(a) ‘X’ alone as legal representative
(b) ‘Y’ alone as legal representative
(c) ‘X’, ‘Y’ and the husband of Y as legal representatives
(d) ‘X’ and ‘ Y’ both, as legal representatives

(xv) A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determinations and the reason thereof
(d) all the above.

(xvi) Who amongst the following is not a legal representative
(a) a trespasser (b) an intermeddler
(c) a creditor (d) both (a) and (c)

(xvii) ‘Mesne profits’as defined under Section 2 (12) means
(a) those profits which the person in wrongful possession of such property actually received or might have received together with interest
(b) those profits which the person in wrongful possession of property actually received including profits due to improvements made by the such person
(c) those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits
(d) those profits which the person in wrongful possession of such property actually received.

(xviii) Foreign judgment as defined under Section 2 (6) of C.P.C. means
(a) judgment given by an Indian Court in respect of foreigners
(b) judgment given by a foreign court
(c) both (a) and (b)
(d) neither (a) nor (b)

(xix) Who amongst the following is not a ‘public officer’ within the meaning of Section 2 (17) of CP.C. 1
(a) a Judge
(b) a person in service under the pay of Government
(c) Sarpanch of a Gram Panchayat
(d) none of the above

(xx) Basis of distribution of the jurisdiction of Indian Courts is 
(a) pecuniary jurisdiction (b) territorial jurisdiction
(c) subject-matter jurisdiction (d) all the above

7. 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 the evidence in that regard.

8. 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

9. What is the legal status and its impact in a criminal trial of a statement recorded under Section 164, Cr. P.C. and how can it be utilized against the accused? 10

10. Discuss the ingredients for the recall of a witness under Section 311 of Cr. P.C. with relevant case laws on the subject. 10

11. In a suit pertaining to dispute of a title over immovable property, the court can proceed to appoint a Receiver to take care of the property pendente lite. What are the relevant provisions under the C.P.C. and the contingencies in which such an order can be passed. Explain with the help of case law. 10

12. Frame an application under Order VII, Rule 11 of the Civil Procedure Code on possible grounds for rejection of a plaint. 10

13. Explain with the help of the provisions of the Civil Procedure Code as to how a decree can be executed and whether a preliminary decree can be executed or not; also explain, if the execution is disobeyed, then what powers are available with the court to enforce execution? 10

14. Discuss the problems regarding the exclusion of jurisdiction of civil court under Section 9 of C.P.C. with reference to the decision of the Supreme Court in the case of Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78. 10

15. Is arrest necessary whenever an offence is committed disclosing a cognizable offence? Explain with reference to various Apex Court decisions and relevant provisions as introduction in Cr. P.C. 10

16. (a) Explain the scope of examination-in-chief, cross-examination and re-examination under the Indian Evidence Act. State briefly their objects. 5

16. (b) Write short notes on any four of the following : 5

(i) Hearsay evidence. (ii) Hostile witness.

(iii) Leading question. (iv) Setoff

(v) Confession made in police custody.

17. (a) Who is an accomplice? Under what circumstances a conviction can be based on the testimony of an accomplice? 5

(b) When the parties have led evidence and relevant facts are before the court and all that remains for decision is what inference is to be drawn from the, the question of burden of proof is not material, comment. What do you mean by burden of proof? On whom does the burden of proof lie in civil and criminal cases ? 5

18. When can a court of appeal deny additional evidence under Order XLI, Rule 27, C.P.C.? Explain with reference to case law on the subject. 10

1. (a) Define kidnapping and abduction. Distinguish between them. 10

1. (b) A Hindu girl 17 years of age, studying in XII Standard under the care 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 the Indian Penal Code. State whether the shopkeeper can be convicted. Answer giving reasons with reference to legal provision. 5

1. (c) A 13-year-old girl went to see a fair with her maternal uncle. Due to heavy crowd in the fair, she was separated from her maternal uncle. She could not remember even the address of her house. One person enticed her and took her away to his house. At his residence he made preparations for the marriage of this girl with his son. In the meantime this person was arrested by police. Will he be convicted for kidnapping? Answer with reasons referring to legal provisions. 5

2. Write a judgment on the following facts after mentioning bare necessary facts and presuming that necessary witnesses have been examined by the prosecution.
Mohan, the deceased was married to Meera, the sister of Vasudeo. Vasudeo and his father Bharat were living in a Railway quarter at Varanasi. Mohan’s sister was married to one Bheem, who was also living in another Railway quarter nearby. Mohan had been living for sometime with his father-in-law. They did not, however, pull on well together and Mohan shifted to the house of Bheem. Mohan’s wife, Meera, had continued to live with her father as she was unwilling to go with Mohan. Her father Bharat and brother Vasudeo sided with her and refused to let her go with Mohan. Mohan also suspected that she had been carrying on with one Sachin who used to visit Bharat’s quarter. Consequently, Mohan was keen to take away his wife, the more so as he had got a job in the local department some months before and wanted to live an independent life.
On 11th June, 2011, there was some quarrel between Vasudeo and Mohan about Meera; but nothing untoward happened then and Vasudeo went back to his quarter and Mohan went away to Bheem’s quarter. Mohan asked Bheem’s sons to help him in bringing back his wife. Bheem also arrived and then all four of them went to Bharat’s quarter to bring back the girl at about 10.00 p.m. on 11th June. On reaching the place, Bheem and his two sons stood outside while Mohan went in. In the meantime. Bharat came out and was asked by Bheem to let Meera go with her husband. Bharat was not agreeable to it and asked Bheem not to interfere in other people’s affairs. While Bharat and Bhaurao were talking, Mohan came out of the quarter dragging his reluctant wife behind him. Meera caught hold of the door as she was being taken out and a tug-of-war followed between her and Mohan. Vasudeo was also there and shouted to his father that Mohan was adamant. Bharat, thereupon replied that if Mohan was adamant he should be beaten. On this Vasudeo took out a knife from his packet and stabbed Mohan once. The knife penetrated into the heart and Mohan fell down senseless. Steps were taken to revive Mohan but without success. Thereupon, Mohan was taken to the hospital by Bharat, Vasudeo, Bheem and his sons and some others, but Mohan died by the time they reached the hospital.
After completion of investigation, on the report lodged by Bheem, Vasudeo and Bharat were prosecuted for having committed murder of deceased Mohan. 10

3. Explain the legal effect of Section 375, I.P.C. after its latest amendment on Section 377, IP.C. with reference,to, the decision of the Apex Court in the case of Suresh Kumar Kushal v. Naz Foundation, 2014 (1) SCC Page 1. 10

4. Discuss the criminal liability of a Medical Practitioner in a matter arising out of alleged negligence as explained by the Supreme Court in the case of Jacob Mathew v. State of Punjab and another, reported in (2005) 6 SCC 1. 10

5. The Agricultural holding of a tenure holder is auctioned against recovery dues under the U.P. Zamindari Abolition and Land Reforms Act, 1950. Discuss the remethes and grounds available to such a tenure holder for setting aside the auction under the Act and the Rules framed thereunder. 10

6. Discuss the relevant provisions of succession and inheritance under the U.P. Zamindari Abolition and Land Reforms Act, 1950, with the latest status of inheritance by a married daughter as against a male lineal descendant with reference to latest case laws. 10

7. A suit for injunction between a landlord and a tenant is decreed in terms of a compromise. It was agreed therein that after the demolition and reconstruction of the premise, the tenant will have right of reentry in the newly constructed building and the provisions of U.P. Act No. 13 of 1972 would be applicable. The tenant was inducted accordingly. Thereafter he stopped paying rent to the landlord. A suit was filed before the Judge, Small Causes for eviction of the tenant on the ground of default of payment in rent. The tenant took the plea that the provisions of U.P. Act No. 13 of 1972 would be applicable.
Discuss with the help of case laws as to whether the decree passed by the Civil Court regarding applicability of U.P. Act No. 13 of 1972 would be binding and whether the new building constructed would be governed by the provisions of U.P. Act No. 13 of 1972 or not with reasons. 20

8. What would be the relevant factors for the District Magistrate to consider while determining standard rent under Section 9 of the UJP. Act No. 13 of 1972 and whether such an order is appealable, and if so, then discuss the powers of the appellate authority in this regard. 10

9. The State Government can exercise powers under the U.P. Municipalities Act. 1916 to seize the financial powers of the Chairman of a Municipality pending inquiry and final orders. Discuss the scope of inquiry and the manner of exercise of such power with special reference to the case law as reported in the Full Bench decision of the Allahabad High Court in the case of Hafiz Ataullah Ansari v. State of UP. and others. 2011 (2) UPLBEC page 889. 20

10. Discuss the scope and extent of reference that may be made under Section 162 of the UP. Municipalities Act, 1916 to the High Court. 10

11. In order to file an appeal under Section 161 of the UP. Municipalities Act. 1916 what are the prerequisites to be complied with in order to make an appeal competent. 10

12. On what grounds can a revision be filed and before which court against an order passed by the prescribed authority in an election petition under Section 12 (c) 6 of the UP. Panchayat Raj Act, 1947 and whether a revision would also be maintainable against any interlocutory order passed by the prescribed authority during the pendency of the election petition? Discuss with case law. 10

13. What is the procedure prescribed under the UP. Panchayat Raj Act, 1947 for carrying out a No Confidence Motion against a Gram Pradhan? Discuss with the relevant provisions and case law. if any. 10

14. What is the scope and extent of the bar as contained in Section 49 of the UP. Consolidation of Holdings Act, 1953 and whether such a bar would operate even if the judgment of a consolidation court has been obtained by fraud or misrepresentation and what are the statutory / legal exceptions to such bar? 10

15. The land reserved for a public purpose during consolidation operations cannot be subjected to change of user except under certain conditions and subject to the case law permitting such change of user. Explain the position of law with reference to decided cases. 10

16. The order for demolition by the competent authority under the U.P. Urban Planning and Development Act, 1973 can be passed by invoking which provision of the said Act and the procedure prescribed in relation thereto? Explain with the help of case law, if any. 10

17. A premise can be sealed if the construction thereof is in deviation of a sanctioned plan and is contrary to the provisions of UP. Urban Planning and Development Act, 1973. What are the provisions and the mode of exercise of power available to the competent authority in this respect ? 10

16. (b) Write short notes on any four of the following : 5 marks

(i) Hearsay evidence.

16 . (b) Write short notes on any four of the following : 5

(ii) Hostile witness

16 . (b) Write short notes on any four of the following : 5

(iii) Leading question.

16 . (b) Write short notes on any four of the following : 5

(iv) Setoff

16 . (b) Write short notes on any four of the following : 5

(v) Confession made in police custody.