# UPHJS 2012 mains paper, solved All 60 questions from the 2012 mains paper of the Uttar Pradesh Higher Judicial Service examination, in the order they were set. Canonical: https://unisonlegal.in/uphjs-exam-prep/mains-paper/uphjs-2012 ## The questions ### Question 1 1. (a) On breach of contract only such loss can be recovered as was in the contemplation of both the parties at the time of entering into contract. Discuss. 10 *1 marks* ### Question 2 1. (b) Being fed up with each other quarreling nature both husband and wife entered into an agreement in which wife agrees to live separately from her husband permanently and husband agrees to pay her a monthly maintenance allowance of Rs. 1,000/-. After six months husband refuses to pay the amount. Can wife enforce the agreement against her husband in a Court of law ? 10 *1 marks* ### Question 3 2. (a) Partnership, which is a partnership at will, is dissolved by a partner giving a notice to other partner of his intention to retire from partnership. From what date does such dissolution take effect ? When does the liability of such partner with respect to the dealings of the firm with outsider ceases ? 10 *1 marks* ### Question 4 2. (b) Discuss the scope of implied authority of a partner. A partner of a firm of solicitors borrows Rs. 5,000/- in the name of the firm. Will it be a valid act within its implied authority ? 10 *1 marks* ### Question 5 3. (a) What do you understand by customary easements ? Specify the main ingredients to establish such easements. 10 *1 marks* ### Question 6 3. (b) The plaintiff, a food grains merchant, enjoying good reputation, had incurred ill will of a Food Inspector who falsely implicated him in a case under Section 3/7 of the Essential Commodities Act, 1955. The plaintiff was arrested and detained for 7 days. After the trial he was acquitted. In the plaintiffs suit for damages the State as well as the Inspector pleaded that since the prosecution was not malafide, the State was not liable for the act of Food Inspector, the suit must fail. Whether the State would be vicariously liable for the acts of the Food Inspector ? 10 *1 marks* ### Question 7 4. (a) What are the distinctions between a mortgage, a hypothecation, a pledge and a floating charge? 10 *1 marks* ### Question 8 4. (b) ‘A’ mortgaged his house ‘X’ to ‘B’, ‘C’ and ‘D’ successively for Rs. 80,000/-, Rs. 40,000/- and Rs. 20/300/- respectively. ‘A’ mortgaged house ‘Y’ to ‘D’ and *€’ successively for Rs. 30,000/-and Rs. 15,000/- respectively. Houses ‘X’ and ‘Y’ are sold for Rs. 1,00,000/- and 30,000/- respectively. What are the respective right of ‘B’, ‘C’ and ‘D’ in the sale proceeds ? *1 marks* ### Question 9 5. (a) Whether all contracts can be specifically enforced ? If not, state exceptions referring to relevant provisions. 10 *1 marks* ### Question 10 5. (b) ‘A’ a famous magician entered into an agreement with Ashoka Hotel to give performance every evening from 1st September, 2012 to 1st December, 2012. Subsequent to the agreement with Ashoka Hotel the magician entered into an agreement with International Hotel to give performance every evening from 1st September, 2012 to 1st December, 2012. The Ashoka Hotel filed a suit for the specific performance of the contract against ‘A’. ‘A’ contested the suit. Decide referring to relevant provisions of law. 10 *1 marks* ### Question 11 6. (a) What are the changes brought in the Hindu Succession Act by Act 39 of 2005 with regard to females ? Refer to relevant provisions. 10 *1 marks* ### Question 12 6. (b) ‘P’ a Hindu female thes leaving ‘R’ her husband, ‘T’ a full brother and ‘S’ a deceased brother’s son. ‘P’ left considerable property which she had inherited from her deceased mother. On whom will the property devolve ? Refer to the relevant provisions. 10 *1 marks* ### Question 13 7. (a) What are the requisites of a valid will under Mohammadan Law and whether the testamentary power of a Muslim is limited or not ? If limited, to what extent ? 10 *1 marks* ### Question 14 7. (b) A Muslim husband ‘X’ contracts a second marriage. His first wife ‘Z’ claims separate residence and maintenance under the Criminal Procedure Code. ‘X’ pleads defence of his personal law which permits him to take more than one wife. Decide. 10 *1 marks* ### Question 15 8. (a) The exercise of executive clemency is not a privilege but is based on several principles and discretion has to be exercised in public consideration. Analyse this statement in context of the powers of the President of India. 10 *1 marks* ### Question 16 8. (b) The Rajya Sabha after passing a Bill sends the same to the Lok Sabha for getting it to be passed. Before the Bill could be taken up for consideration, the Lok Sabha was dissolved and was thereafter again constituted. Whether the Bill can be taken up and passed by the Lok Sabha ? Refer to constitutional provisions also. 10 *1 marks* ### Question 17 9. (a) Critically examine the scope of reservation in promotion as provided for in Article 16 (4A) of the Constitution of India. Discuss referring to important judgments on the subject. 10 *1 marks* ### Question 18 9. (b) ‘S’ born of Kshatriya father' and scheduled tribe mother claims benefit of reservation meant for scheduled tribe. Discuss referring to relevant judgments of the Hon’ble Supreme Court. 10 *1 marks* ### Question 19 10. (a) There are many provisions in the Constitution of India which secures independence and impartiality of the judiciary. Discuss those provisions and refer to important judgments of the Hon’ble Supreme Court. 10 *1 marks* ### Question 20 10. (b) In order to ensure availability of timber to the common man at a reasonable rate, the State of U.P. declared timber as an essential commodity and imposed a total ban on the movement of timber from Uttar Pradesh to any other area outside the State. The total ban is challenged as violative of Article 301 of the Constitution. Decide. 10 *1 marks* ### Question 21 1. (a) Under what circumstances, a statement made by an accused before a police officer can be used in evidence ? An accused, while in police custody, gives information to the Investigating Officer that he purchased the murder weapon from a particular dealer, and then takes the Investigating Officer and the witnesses to the place of the dealer and points him out. Whether the information given by the accused, and the evidence of the Investigating Officer and witnesses are admissible ? Answer referring to relevant provisions of Evidence Act. 10 *1 marks* ### Question 22 1. (b) ‘A’ a witness is asked whether he was dismissed from service for dishonesty. He denies it. Evidence is offered to show that he was dismissed for dishonesty. Is this evidence admissible ? 10 *1 marks* ### Question 23 2. (a) The Rules of evidence are in general the same in Civil and Criminal proceedings, give the exception, if any. 10 marks *1 marks* ### Question 24 2. (b) ‘A’ after learning that ‘C’ had been murdered went to the spot and found that the body of ‘C’ was being taken to the house of ‘C’ by four persons who told him that ‘B’ had murdered ‘C’ and ran away. Does the statement of four persons from part of res gestae ? 10 *1 marks* ### Question 25 3. (a) An accused may be a competent witness. Discuss with relevant provisions ? 10 *1 marks* ### Question 26 3. (b) Five persons ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ received serious injuries in the course of a factious fight. They were first taken to the police station and then to the hospital. At the police station ‘A’ gave a report Exhibit I which was recorded as the first information report. Police also recorded statements Exhibits II and III from ‘B’ and 'C'. At that time ‘D’ and ‘E’ were unconscious. At the hospital the doctor sent for a Magistrate who recorded statements of all five of them. They were Exhibits IV, V, VI, VII and VIII. Subsequently ‘A’, ‘C’ and ‘E’ died of the injuries, received in the fight. ‘B’ and ‘D’ were examined at the trial as witnesses. For what purpose could each of the statements Exhibits I to VIII be used at the trial? 10 *1 marks* ### Question 27 4. (a) Can a police officer refuse to register a first information report on the ground that the said police station does not have territorial jurisdiction over the place of crime ? Answer referring to relevant provisions of Code of Criminal Procedure. 10 *1 marks* The concept of zero FIR gets its origin after Nirbhaya case and justice verma commission report. The lack of jurisdiction can not be an excuse to deny registration of FIR. In Lalita Kumari case ,the concept of zero FIR is confirmed by the SC. ### Question 28 4. (b) ‘A’ is charged under Section 242 of the Indian Penal Code with having been “in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit.” He challenges his conviction on the ground that there was error in the charge because the word “fraudulently” was omitted. Decide. 10 *1 marks* ### Question 29 5. (a) Distinguish between, dismissal of a complaint, discharge and acquittal of an accused. What are remedies available in each of these cases to the complainant ? 10 *1 marks* ### Question 30 5. (b) A company lodged first information report for offences under Sections 408/420, I.P.C. against ‘X’, its former Divisional Manager. After completing the investigation, report under Section 173, Cr. P.C. was sent to the Magistrate stating that the case was of civil nature. The Company lodged a protest petition with the Magistrate, and sought permission to prove the commission of offences by ‘X’. The Magistrate, after perusing the investigation records, came to the conclusion that a prima facie case under Section 408/420, I.P.C. was made out against ‘X’ and consequently issued process against him under Section 204 of the Code of Criminal Procedure. The legality of this order is challenged by ‘X’ on the ground that the Magistrate had no power to issue process against him without first complying with the provisions of Sections 200 and 202 of the Criminal Procedure Code. Decide the objection. , 10 *1 marks* ### Question 31 (a) When can a warrant be issued by a Court in lieu of summon ? 10 *1 marks* ### Question 32 6. (b) ‘A’ who was convicted by the trial Court and punished with imprisonment for two years, files an appeal against the conviction, but die during the pendency of the appeal. His son ‘B’ submits an application and prays that appeal be finally decided. Decide referring to relevant provisions. 10 *1 marks* ### Question 33 7. (a) Briefly describe the circumstances whereunder a police officer, a private person and a Magistrate may arrest a person without warrant. 10 *1 marks* ### Question 34 7. (b) ‘A’ is arrested on the charge of committing an offence. The arresting officer, reasonably believing that his medical examination would afford evidence as to commission of the offence, takes him to a Registered Medical Practitioner. ‘A’ resists the examination on the ground of his right under Article 20 (3) of the Constitution of India. Decide, 10 *1 marks* ### Question 35 8. (a) When a document is impounded by a Court, what are the further steps to be taken in this matter ? 10 *1 marks* ### Question 36 8. (b) ‘A’ residing in Delhi, publishes a defamatory statement about ‘B’ in Kolkata. ‘B’ is resident of Patna. Determine the forum for institution of suit in this case giving relevant provisions of CPC. 10 *1 marks* ### Question 37 9. (a) Explain the law relating to interim injunction. Under what circumstance temporary injunction in mandatory form can be granted. Whether an interim injunction can be granted on the application of the defendant, who has not filed any counter claim, if so in what circumstances ? 10 *1 marks* ### Question 38 9. (b) A plaint is rejected by the Court on the ground that it does not disclose any cause of action. Can the plaintiff present a fresh plaint on the same cause of action ? Give reasons and also refer relevant provisions. 10 *1 marks* ### Question 39 10. (a) Does an application of review lie in a case where the judgment is rendered erroneous by reason of statutory amendments ? Explain by giving reasons. 10 *1 marks* ### Question 40 10. (b) ‘A’ files a suit against ‘B’ in respect of a house on the ground of a will in his favour by original owner, ‘M’. A previous suit against the same defendant filed by ‘A’ on the ground of ‘A’ being an heir of ‘M’ had already failed. How would you decide the present suit? Give reasons for your answer. 10 *1 marks* res judicata ### Question 41 1. (a) State the essential ingredients of the offence of “dowry death” ? How it differs from the offence of “abetment of suicide”? Answer referring to relevant provisions of the Indian Penal Code and Indian Evidence Act. 10 *1 marks* ### Question 42 1. (b) An army Jawan ‘X’ who was away from his home for the last two years, requested his senior ‘Y* for leave, which ‘Y* refused. Annoyed at this, ‘X’ fired two shots at Y, one shot hitting Y beneath the knee of the right leg as a result of which he fell down. ‘X’ fired another shot which hit Y at the upper left arm. Y died after ten days. Discuss the liability of ‘X’. 10 *1 marks* ### Question 43 2. (a) Discuss the law relating to criminal intimidation. In what way extortion is different from criminal intimidation ? 10 *1 marks* ### Question 44 2. (b) Mr. ‘A’, a chronic heart patient was drawn into a political debate with ‘B’ and in the course of arguments ‘B’ looked at him fiercely and said that “people like him should be hit till they are dead”. Hearing this ‘A’ suffers a heart attack and thes on the spot. Discuss the liability of ‘B’. Argue for the State also. 10 *1 marks* ### Question 45 3 (a) Distinguish between culpable homicide and causing death by rash or negligent act. 10 *1 marks* ### Question 46 3. (b) ‘A’ promises to ‘B’ his student, who is 17 years of age to marry her and induces her to cohabit with him. He has given her false assurance of marriage and also fraudulently gone through certain ceremonies of marriage making ‘B’ to believe that she was a lawfully wedded wife of ‘A’. Later ‘A’ refused to recognise her as his wife. What offence is committed by ‘A’ and why? Give reasons for your answer. 10 *1 marks* ### Question 47 4. (a) What are the restrictions on a bhumidhar to transfer his holding ? When can a bhumidhar let out the land comprised in his holding ? Discuss. 10 *1 marks* ### Question 48 4. (b) What are the restrictions, if any, on a bhumidhar with transferable rights belonging to Scheduled Tribe in bequeathing his holding? Answer referring to relevant provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950. 10 *1 marks* ### Question 49 5. (a) How recovery of an arrear of land revenue is effected under U.P. Zamindari Abolition and Land Reforms Act, 1950 ? When recourse to sale of holding can be taken by Collector and what procedure is to be adopted by Collector for sale of holding ? 10 *1 marks* ### Question 50 5. (b) Which are the properties vested in Gaon Sabha and the Land Management Committee respectively ? Answer referring to relevant provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 10 *1 marks* ### Question 51 6. (a) UP. Act No. 13 of 1972 contains provision for exempting certain kinds of building from operation of the Act. Enumerate different categories of building exempted under the Act. Whether building constructed substantially out of the fund obtained by loan/advance from the State Government is to be differently treated and if yes to what extent ? 10 *1 marks* ### Question 52 6. (b) In an application made by the landlord for release of a building under Section 2i of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 against his tenant, the person to whom the tenant has sublet the building is also impleaded as an opposite party. The need of the landlord is found to be genuine. Is the comparative hardship of the tenant alone or that of the sub-tenant also to be considered? If so, when ? 10 *1 marks* ### Question 53 7. (a) What is the statutory scheme provided in the U.P. Municipalities Act, 1916 for determining “annual value” of any building ? What is the procedure for preparation and revision of assessment list ? Discuss referring to relevant provisions of the U.P. Municipalities Act, 1916. 10 *1 marks* ### Question 54 7. (b) Discuss various penal provisions as contained in U.P. Municipalities Act, 1916. What are the punishments provided in each of such provisions under the U.P. Municipalities Act, 1916? 10 *1 marks* ### Question 55 8. (a) What are the measures which can be taken by the State Government for exercising external control over a Gram Panchayat? Answer referring to relevant provisions of the U.P. Panchayat Raj Act, 1947. 10 *1 marks* ### Question 56 8. (b) What is the mode and manner provided in UP. Panchayat Raj Act, 1947 for making arrangement for exercise of powers and duties when the office of Pradhan is vacant ? Answer referring to statutory scheme of the UP. Panchayat Raj Act, 1947. 10 *1 marks* ### Question 57 9. (a) Effects of notification under Section 4 (2) of the UP. IConsolidation of Holdings Act, 1953 are manifold. Discuss enumerating different consequences which ensue on publication of notification. 10 *1 marks* ### Question 58 9. (b) Whether after issuance of notification under Section 4 (2) of the UP. Consolidation of Holdings Act, 1953, the Land Management Committee can grant any lease under Sections 195 and 197 of the UP. Zamindari Abolition and Land Reforms Act, 1950? 10 *1 marks* ### Question 59 10. (a) What are the penal provisions contained in UP. Urban Planning and Development Act, 1973? What is the manner and procedure for compounding the offences under the UP. Urban Planning and Development Act, 1973? Answer referring to relevant statutory provisions. 10 *1 marks* ### Question 60 10. (b) Discuss the statutory provisions of UP. Urban Planning and Development Act, 1973 under which the State Government exercises its control over a Development Authority. 10 *1 marks* ## Elsewhere - [Every UPHJS paper held](https://unisonlegal.in/uphjs-exam-prep)