1. (a) “A contract without consideration is void but there are some contracts which even though may without consideration are valid” Discuss. 10

1. (b) No third person can sue or be sued in a contract to which he is not a party. Discuss. 10

2. (a) ‘A’ engaged an Advocate to conduct his case for specified fees. Subsequently ‘A’ promised to pay an additional remuneration if the case was to succeed. The case succeeds and the Advocate sues ‘A’ for additional remuneration. What, according to you, will be the result of this suit? Answer by referring to relevant provisions of law. 10

2. (b) ‘A’ gave some gold to a goldsmith named ‘B’. The goldsmith put the gold in his safe and posted a watchman outside the room. In a raid by dacoits on the house of the goldsmith, alongwith his other property A’s gold was also taken aWay by the dacoits. Is ‘B’ liable to ‘A’ to pay the value of the gold? Answer by referring to relevant provisions of law. 10

3. (a) Briefly state rights and duties of the partners inter se, under the Indian Partnership Act? 10

3. (b) One of the partners of a Partnership Firm had retired from the firm on 1-4-1982. The firm continued carrying on its business. The firm took a loan on 1-3-1985. It was established that the retired partner had neither represented nor permitted himself to be represented that he was the partner in the first on 1-3-1985. Can he be held liable for the loan taken by the firm on 1-3-1985? Decide in the light of the provisions of the Indian Partnership Act. 10

4. (a) Distinguish between an invitee, a licensee and a trespasser, and discuss the liability of an occupier or an owner of land towards each of them. 10

4. (b) The plaintiff, a food grain merchant enjoying a good reputation, had incurred ill will of a food inspector who falsely implicated him in a case under Section 7 of the Essential Commodities Act, 1955. The plaintiff was arrested and detained for seven days before being put on trial in the Court of Chief Judicial Magistrate who acquitted him. In the plaintiffs suit for damages, the State of Punjab as well as the inspector pleaded that since the prosecution was not malafide and as the State was not liable for the act of the food inspector, the suit must fail, Whether, the State would be vicariously liable for the acts of the food inspector? 10

5. (a) What is the distinction between a mortgage, a hypothecation and a pledge? 10

5. (b) Mr. Borrower hypothecates his stock-in-trade to the State Bank. In a suit by Mr. Creditor against Mr. Borrower for recovery of a money claim, Mr. Creditor obtains a decree. He attaches Mr. Borrower’s stock-in-trade in execution of the decree. Discuss the rights of the State Bank and Mr. Creditor over the stock-in-trade 10

6. (a) State Government makes registration of all marriages solemnized under the Hindu Marriages Act, 1955 compulsory. Non-registration under the rules renders the marriage void and off-spring illegitimate. ‘M’ and ‘N’ have married according to Hindu Marriages Act but the marriage is not registered under these rules. A son ‘X’ is born to ‘M’ and ‘N’. Decide the validity of marriage and legitimacy of ‘X’. 10

6. (b) A joint Hindu family consists of father and his lone son. The son thes having his young widow ‘W’ Father thes and thereafter mother also thes. The mother left four daughters. A dispute arose between young widow ‘W’ and the four daughters with regard to succession of the property left by the joint family. Determine the share of the respective parties referring to relevant provisions and case-laws. 10

7. (a) What is the procedure for granting divorce under Mohammedan Law? Whether a wife can divorce her husband under Mohammedan Law? 10

7. (b) Discuss the ground for dissolution of Muslim marriage under Dissolution of Marriages Act, 1939 with special reference to the grounds of desertion. 10

8. Article 21-A of the Constitution of India imposes burden on State to provide free and compulsory education, while Article 51-A places burden entirely on parents. Explain as to which one shall prevail and can be enforced in a Court of law. Give reasons with reference to selected authorities. 20

9. “Pardoning power of the President is not immune from judicial review”. Examine the statement with the relevant case-law. 20

10. (a) Explain the doctrine of “Pith and Substance” in relation to distribution of legislative powers between the Centre and the State. 10

10. (b) Point out the contingencies under which the President may promulgate Ordinances. Discuss the limitation on this power. 10

1. Oral evidence in all cases must be direct. Explain this rule with illustrations and exceptions referring to relevant sections of the Indian Evidence Act. 10

2. In what manner credit of a witness can be impeached? Refer the section of the Indian Evidence Act in support of your answer. 10 marks

2. (a) How much of an information received from an accused can be proved in a trial against him?

Ram, an accused of an offence of murder stated before a police officer that, “the knife by which I have killed Sohan has been hidden by me in the field, which I can recover”. On this information the police officer discovers the said knife from the field, on which human blood is detected. Is the whole statement given by the accused admissible in evidence?

If not, what part or parts are admissible in evidence? Give reasons clearly. 10

2. (b) ‘A’ a women whose throat had been cut by some sharped weapon indicated by gesture before her death that ‘B’ was the person who has cut her throat. Is this statement of ‘A’ made by gesture admissible in evidence against ‘B’? 10

3. (a) How the entries in books of account are proved? Point out the difference, if any, with regard to the admissibility of documentary evidence and mode and method of proof thereof. When and at what stage the aforesaid objections can be raised?

A document is marked as “an Exhibit”. Whether the question of its admissibility can be raised in appeal for the first time? Refer the relevant case laws On the point. 10

3. (b) ‘P’ was the wife of ‘X’. Two months after the death of ‘X’, she remarries ‘Y’. Five months after the marriage, a son ‘Z’ is born to ‘P’. Who is legally the father of ‘Z ’? Answer referring to the relevant provisions of the Evidence Act. 10 marks

4. What shall be the effect of following defects in a criminal trial? Explain referring to relevant provisions of Criminal Procedure Code.
(a) The charge is defective.
(b) The prosecution evidence is closed after two or three opportunities leaving few important witnesses unexamined.
(c) Judgment of conviction and sentence delivered in absence of accused.
(d) After closure of defence evidence, certain important prosecution
witnesses are summoned for being examined. 20

5. (a) What is the power of the Magistrate in regard to the police report furnished under Section 173 of Cr. P.C.? Is the Magistrate competent to disagree with the report? Illustrate with case-laws. 10

5. (b) Explain the power of the Magistrate to issue proclamation and attachment, its extent, scope and limitations with the help of relevant provisions and case-laws. 10

6. At what stage the power under Section 319 of the Code of Criminal Procedure is to be exercised by the Court? What is the difference between the powers of the Court under Section 311, Cr.P.C. and Section 319, Cr.P.C.? 20

7. (a) What is Plea Bargaining? What are essential requirements for its acceptance?

One Madan Gopal lodges a complaint that his wife Ganga Devi had been defamed by the imputation of unchastity to her. Can Ganga Devi lawfully compound the offence without the consent or against the wishes of Madan Gopal? 10

7. (b) An accused is arrested in a bailable offence and he is released on bail. During trial, he absconds and non-bailable warrants are issued against him. The police arrests him and produces him before the Court.

The defence counsel pleads for his release on bail under Section 436 (1), Cr. P.C. which provides that a person accused of a bailable offence shall be released on bail. Can the Court, in such circumstances, refuse to release him on bail? Give reasons briefly. 10

8. (a) Explain the relevant provision for recording the satisfaction of a decree as mentioned in the C.P.C. 10

8. (b) A decree for recovery of arrears of rent, ejectment etc. is passed against a tenant. When the said decree is put in execution, the judgment debtor comes out with the case that after the passing of the decree, a fresh tenancy was created by the landlord by executing a lease deed and as such he is not liable for eviction. The landlord decree holder denies the execution of any such lease deed. Discuss the tenability of the respective pleas. 10

9. Write a short note on the followings :— 20
(a) Section 89 of Civil Procedure Code.
(b)The case of Dhulabhai v. State of M.P. and others, A.I.R. 1969 SC 78.
(c) Res-subjudice.
(d) Inter pleader suit.

10. (a) What is counter claim? Explain the difference between “counter claim” and “set of’. Can a counter claim be filed—
(i) When the right to file written Statement has been closed? 5
(ii) after the close of evidence? 5

10. (b) The plaintiffs filed a suit to recover possession of land belonging to them from defendants who were annual tenants. The Court declined to give a decree for possession on the ground that proper notice to quit had not been given and ordered the defendants to pay damages for use and occupation of the land for three years prior to the suit. The plaintiffs brought a fresh suit to recover possession of the lands with mesne profits from the defendants. What are the defences open to the defendants? 10

1. (a) What is a ‘murder’ and how it is different from culpable homicide not amounting to murder? Mention relevant sections of I.P.C. and case law in support of your answer. 10

1. (b) (i) ‘A’ was surrounded by ‘X’, ‘Y’, ‘Z’ and four unknown persons, who were all armed with lathi, Axe, and Gandasa. All the aforesaid persons launched an attack on ‘A’, who sustained a fracture of the parietal and frontal bones of skull with other numerous injuries which all cumulatively could have caused his death and was hospitalized for a month. State offences, which have been committed by the accused persons.

1. (b) (ii) ‘X’, with an intention to murder ‘Bs hatched a conspiracy with ‘Ys, purchased a pistol which cartridges and both of them went to the house of ‘Bs at night, but they were caught by the gatekeeper at the gate itself. What offences, if any, have been committed by them? State reasons in support of the answer. 10

2. (a) (i) ‘M’ was stopped in the way by five persons ‘A’, ‘B’, ‘X’, ‘Y’ and ‘Z’. All of them started beating ‘M’. Sustaining injury ‘M’ fell down on the ground. While escaping, ‘Z’ took away the purse of ‘M’. What offence/offences has/have been committed by ‘A’ and ‘Z’? Explain with reference to relevant sections of I.P.C.

2. (a) (ii) A gang of ten persons entered into a house and started looting the property. House owner resisted looting of his property and therefore, while escaping, one of the persons shot dead the house owner. Explain what offence has been committed by the culprits? What can be the maximum sentence that can be imposed on the accused? 10

2(b) (i) ‘A’ removed ornaments from a dead body and kept it with him. What offence has been committed by ‘A’.

2. (b) (ii) ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ broke into a house during the night. ‘A’ and ‘B’ carried instruments useful for house breaking, ‘C’ and ‘D’ carried knives and ‘E’ a revolver. As ‘C’ was snatching a gold chain forcibly from an inmate, another inmate ‘P’ pointed a gun on him. Before ‘P’ could shoot, ‘E’ shot him dead. All the intruders escaped with the golden chain and other ornaments. Outside the house a neighbour ‘N’ attempted to catch hold of ‘D’ but ‘D’ killed him by stabbing. What are the offences for which these five may be charged? Is it possible to plead the right of private defence with respect to killing of ‘P’? 10

3. Discuss the following problems and state what offence of, if any, accused is guilty in each of the following cases :
(a) ‘A’ a constable tried to apprehend the accused, the latter aimed and fired a gun from a very close range at the thigh of the constable thereby causing an injury, which in the opinion of the doctor was sufficient in the ordinary course of nature to cause death. The constable died as a result of injury received by him. Of what offence is the accused guilty? Give reasons.
(b) ‘A’ is lawfully arrested by ‘B’ a bailiff. ‘A’ is excited to sudden and violent passion by the arrest and kills ‘B’
(c) ‘A’, ‘B’ and ‘C’ are charged under Section 302/34,1.P.C. ‘A’ had a sharp edged weapon and the other two ‘B’ and ‘C’ chased the deceased person. Discuss whether a case under Section 302/34, I.P.C. is made out against ‘B’ and ‘C’? What offence each has committed? What defence is available to *B’ and ‘C’?
(d) ‘A’ entered the house of ‘B’ with the intention of committing theft. ‘B’ and other members of his family surrounded and attacked ‘A’ with lathis. Finding life in danger ‘A’ whipped out a revolver and fired causing the death of ‘B\ Is ‘A’ guilty of murder under Section 302 of I.P.C.? 20

4. (a) Classify and define the “tenure holders” referring to relevant provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950? 10

4. (b) State briefly as to which properties vest in the Gaon Sabha referring to the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950? 10

5. (a) What are the restrictions under the U.P. Zamindari Abolition and Land Reforms Act, 1950 on transfer by a Bhumidhar. Whether a Bhumidhar can transfer the land to a foreign national? 10

5. (b) What are restrictions on transfer of land by a person belonging to Scheduled Castes who has become Bhumidhar with transferable right under Section 131-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 to a person belonging to a Scheduled Castes? 10

6. (a) Discuss the effect of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 vis a vis the rights of landlord to evict a tenant and the nature of protection given to a tenant. 10

6. (b) Whether in case of a building to which U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) applies, it is necessary for the landlord to give notice under Section 106 of Transfer of Property Act for filing a suit for eviction on the grounds specified in Section 20 of U.P. Act No. XIII of 1972? 10

7. (a) A release application filed by a landlord both under Section 21 (1) (a) and 21 (1) (b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, was allowed. The landlord occupies the building after demolition and reconstruction. The outgoing tenant applies under Section 24 of the Act exercising his option for re-entry. Decide the said application taking note of pleas available to the respective parties 10

7. (b) A landlord in a suit for eviction, recovery of arrears of rent and damages, pleads that monthly rent is Rs. 5,000/-. In reply, the tenant admits the rate of rent at Rs. 500/- per month and makes the deposit under Order XV, Rule 5, C.P.C. Accordingly an application to strike off the defence for non-compliance of Order XV, Rule 5, C.P.C. is filed on the ground that the rate of rent is Rs. 5,000/- per month and in support thereof the landlord produces the receipt of the counterfoils signed by the tenant and also produces the record from the Bank and Income Tax Department of the tenant to show that he has paid the rent at the rate of Rs. 5,000/- per month. Decide the dispute. 10

8. (a) What are the measures of control given to the State Government over a municipality under the U.P. Municipalities Act, 1916? Answer referring to relevant provisions of the Act. 10

8. (b) Which member, officer and servant of the municipality are liable to surcharge for the loss, waste and misapplication of any money or property of the municipality and what are conditions for recovery of surcharge and whether in any circumstances such liability can cease?10

9. (a) What are the functions of the Gram Panchayat enumerated under the U.P. Panchayat Raj Act, 1947? 10

9. (b) Discuss the nature of jurisdiction exercised by Nyay Panchayat in criminal cases and civil cases. 10

10. (a) Discuss the Statement of Principles prepared under the U.P. Consolidation of Holdings Act, 1953 . 10

10. (b) What is the procedure prescribed under the U.P. Consolidation of Holdings Act, 1953 for disposal of the objections on the Statement of Principles? 10