# UPHJS 2018-I mains paper, solved All 63 questions from the 2018-I 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-2018-part-i ## The questions ### Question 1 Q.1. (a) Write notes in detail on following: (1) Concept of equality and reasonable classification in the Constitution of India. *1 marks* ### Question 2 Q.1. (a) Write notes in detail on following: (1) Concept of equality and reasonable classification in the Constitution of India. *1 marks* ### Question 3 Q.1. (a) Write notes in detail on following: (2) Concept of services in Part XIV of the Constitution of India. *1 marks* ### Question 4 Q.1. (a) Write notes in detail on following: (3) Power of parliament to amend the Constitution and procedure therefor. *1 marks* ### Question 5 Q.1. (b) (1) Discuss the rights of citizenship of certain persons of Indian origin residing outside India. *1 marks* ### Question 6 Q.1. (b) (2) Whether extension of jurisdiction of Punjab and Haryana High court to the Union Territories of Chandigarh is valid, if yes, then under which provision of the Constitution of India? *1 marks* ### Question 7 Q.1. (b) (3) Write short notes on following: (a) Establishment of Tribunals as per provisions of Article 323-B of the Constitution of India. *1 marks* ### Question 8 Q.1. (b) (3) Write short notes on following: (b) Fundamental duties under Article 51A of the Constitution of India. *1 marks* ### Question 9 Q.2. (a) Discuss the rights of a daughter in the property of a joint Hindu family governed by the Mitakshara Law. *1 marks* ### Question 10 (b) (1) Discuss the grounds of Divorce under the Hindu Marriage Act, 1955. How Divorce differs from judicial separation? *1 marks* ### Question 11 2.(b) (2) Discuss the Provisions relating to “Order for payment of maintenance” under Muslim Women (Protection of Rights on Divorce) Act, 1986. *1 marks* ### Question 12 (b) (3) Who is a natural guardian of an illegitimate Hindu child? *1 marks* ### Question 13 (b) (4) What do you understand by the terms Half blood, Full blood, and Uterine under Hindu Succession Act, 1956? *1 marks* ### Question 14 Q.3. Discuss the following: (a) (1) Transfer of property pending suit relating thereto. *1 marks* ### Question 15 Q.3. Discuss the following: (a)(2) Rights of mortgage in possession. *1 marks* ### Question 16 Q. 3(b) Answer the following: Ajay transfer Rs. 5 lacs to a woman on condition that she shall instigate her husband to kill a girl who happens to be a friend of Ajay. Whether such transfer is valid? Substantiate your answer with reasons in light of the provisions in this regard under the Transfer of property Act, 1882. *1 marks* ### Question 17 Q.3 (c) Discuss the Law relating to duration of certain lease in absence of written contract or local usage. *1 marks* ### Question 18 Q.4. (a) Discuss in short the terms “Lawful purpose”, “Trust of immovable and movable property” and the “Creation of trust” with reference to the provisions of Indian Trust Act, 1882”? *1 marks* ### Question 19 4(b) Discuss powers of the Registrar for rectification of mistakes under the Indian Partnership Act, 1982. *1 marks* ### Question 20 4(C) ‘X’ as owner of a dominant heritage, has a right of way over ‘Y’s land. ‘Z’ without any authority of law enters on ‘Y’s land and obstructs ‘X’ in his right of way. ’X’ sure ‘Z’ for compensation against obstruction and also to ensure his right for the entry. Draw and other determining rights of the plaintiff in accordance with provisions of Easements Act, 1882. *1 marks* ### Question 21 4(d) Explain the term “Fraudulent Transfer” under the Transfer of Property Act,1882. *1 marks* ### Question 22 4 (e) Discuss the following as per provisions of the Indian Contract ACT,1872: ENFORCEMENT OF CONTRACT CONTINGENT ON AN EVENT HAPPENING, AN EVENT NOT HAPPENING AND WHEN THE SUCH EVENT TO BE DEEMED IMPOSSIBLE, IT IS THE FUTURE CONDUCT OF LIVING PERSONS. *1 marks* ### Question 23 Q.5. (A) EXPLAIN THE RULES RELATING TO THE DEVOLUTION OF LIABILITIES AND RIGHT OF JOINT PROMISORS AND JOINT PROMISSES IN A CONTRACT? *1 marks* ### Question 24 5(B) ‘A’ GUARANTEES TO ‘B’ THE PAYMENT OF A BILL OF EXCHANGE BY ‘C’ THE ACCEPTER. THE BILL IS DISHONOURED BY ‘C’. EXPLAIN THE LIABILITY OF ‘A’ IN RESPECT OF AMOUNT OF THE BILL, INTREST AND CHARGES WHICH MAY HAVE BECOME DUE, WITH LEGAL PROVISIONS. *1 marks* ### Question 25 Q.1. (a) Prabhat Ranjan, son of Ram Ranjan, resident of village Jhoonsi, District Prayagraj (U.P) , owner of the land in dispute, passed away in 1957, after the coming into force of the Hindu Succession Act, 1956. Before his demise, Prabhat Ranjan executed a registered will deed dated 08.06.1956 bequeathing a life a sale-deed, dated 07.06.1974 alienating the land in dispute, in favour of Shri Chandra Mohan. Smt. Kamla filed a suit, pleading that the will dated 08.06.1956 confers a limited estate upon Smt. Deepa, she had no right to alienate the land in dispute and prayed for a decree of joint possession. The defender Shri Chandra Mohan filed a written statement denying the will and pleaded that Smt. Deepa inherited the property in disputes, as a natural heir she is an absolute owner. In alternative, defendant Chandra Mohan also pleaded that even if the will is proved, Smt. Deepa, widow of Prabhat Ranjan has become absolute owner and is, therefore, competent to alienate the land in dispute, He also asserted his rights as a bonafide purchaser, for valuable consideration, without notice of any defect in the title of his vendor and prayed that the suit may be dismissed. On the basis of the pleadings above, frame all necessary issues for adjudication. *1 marks* ### Question 26 1(b) ‘D’ a member of scheduled caste submitted a written report at police Station. Rajgarh on May 3, about 7.30 P.M. mentioning therin that in the morning of 3rd of May 2018 his daughter baby ‘A’ aged 4 years, went to the residence in neighbourhood. Baby ‘A’ left the house of his brother at about 10 a.m. on the same day to return to home, but she did not reach there for good about 4-5 hours, During the course of her search.it was noticed that ‘J’ a juvenile son of ‘K’ was covering some object by sand in a pit situated in the courtyard of his house. ‘J’ was appearing to be frightened, therefore little enquiry was made from him. He tried to runaway from the spot but failed. In his presence on removal of sand, dead body of Baby ‘A’ was found. Trembled ‘J’ disclosed that his father ‘A’ to his house by alluring her for sweets.’K’ then prompted ‘J’ to commit rape with the girl and he committed that. Subsequently, ‘K’ also committed rape with her. The girl then was killed with the aid of a knife. On basis of the written report a case was registered, accused ‘K’ was arrested, ‘J’ too was initially arrested but being juvenile his case was referred to juvenile Justice Board. During the course of investigation inquest was made, certain articles were seized, a blood-stained knife was recovered on basis of the information given by accused ‘K’ and the dead body of Baby ‘A’ was subjected to autopsy, according to that vagina of the victim girl was swallowed and highly wounded and was full of blood and other fluid. After completion of the investigation, a police report was filed before the competent court. The case then was committed to the Court of Special judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act,1985. On the basis of the facts given above, necessary charges relating to the offences alleged to have been committed be framed. *1 marks* ### Question 27 1(c) On 21.02.2011, a written report was submitted by Shanker intervening night of 20.02.2011 and 21.02.2011 a dinner was including the complainant and his younger brother Nandu. Due to organisers and Nandu and in the course of that a Lathi blow was given by Chandu on the head of Nandu. Nandu fell down and died at the spot. On the basis of the information given, a case was lodged, and investigation commenced. A report of inquest was made, lathi the weapon of offence was recovered, and autopsy was conducted on the corpus of deceased had single injury on head and cause of death was respiratory failure due to head injury. On competition of the investigation, a police report was filed. After hearing the accused, a charge was framed and on denial of the same, trial commenced as desire by accused Chandu. The prosecution supported its case by adducing medical evidence through Dr. Jay, eyewitness Shanker Lal and Vijay, the Investing Officer who proved all the documents prepared during the course of Investigation including recovery memo of Lathi. All the accused to explain adverse and incriminating circumstances against him in the evidence. On the basis of the facts stated above, write a Judgement giving details of the course framed and further conviction of the accused for an appreciate offence. *1 marks* ### Question 28 Q.2. (a) Write a short note on following: 1. Law relating to “Public nuisance” under Section 133 of the Code of Criminal Procedure,1973. *1 marks* ### Question 29 Q.2. (a) Write a short note on following: 2. Power of Court during course of any inquiry or trial of an offence to proceed against other person appearing to be guilty of the offence. *1 marks* ### Question 30 Q.2. (a) Write a short note on following: 3. Contents of charge under Code of Criminal Procedure, 1973. *1 marks* ### Question 31 Q.2. (a) Write a short note on following: 4. Report of police Officer on completion of investigation. *1 marks* ### Question 32 Q.2(b) 1. Discuss in detail the procedure in case of person of unsound mind tried before Court. *1 marks* ### Question 33 Q.2(b) 2. Discuss the provision relating to arrest of person to prevent the commission of cognizable offence. *1 marks* ### Question 34 Q.2(b) 3. Procedure for attachment of property of person absconding. *1 marks* ### Question 35 Q.3. (1). What is the scope of compromise in Civil suits? Whether such property could be included in the compromise, which is not subject matter of the suit? What extent Principal of Estoppel applies in case of compromise? Describe? *1 marks* ### Question 36 3(2) Distinguish between res-judicata and res-subjudice. Whether principal of res-judicata would be applicable against co-defendants? *1 marks* ### Question 37 3(3) What is Test Identification Parade of accused and its evidentiary value? Discuss with reference to relevant provisions of Criminal Procedure Code,1973, and Indian Evidence Act, 1872. *1 marks* ### Question 38 Q.4. Write short note on following: (a) Substituted service *1 marks* ### Question 39 4(b) Reference to High Court under Part VIII of the code of civil Procedure,1908. *1 marks* ### Question 40 Q.5. (1). What are the special provisions in the Indian Evidence Act, 1872 regarding admissibility of electronic record? In what circumstances, information contained in an electronic record can be accepted in evidence in the proceedings before a Court? Discuss with reference to relevant provisions. *1 marks* ### Question 41 Q.5(2). Who is accomplice? Can conviction of an accused be recorded on the tendered to an accomplice? Discuss in the context of Section 306 of the Code of Criminal procedure,1973 and Section 133 of the Indian Evidence Act,1872. *1 marks* ### Question 42 Q.5(3). What is “Plea of alibi”? Describe nature and extension of its burden of proving. Explain effect of its failure on the case of Prosecution. *1 marks* ### Question 43 Q.5(4). What do you understand by “hostile witness”? What is the value of the evidence given by a Hostile witness? *1 marks* ### Question 44 Q.1. (a) What are the kind of lands of India in which accrual of Bhumidhari rights is Prohibited under the Provisions of the U.P Zamidari Abolition and Land reforms Act,1950? Discuss with special reference to the judgment of the Supreme Court in Hinch Lal Tiwari v. Kamla devi and others.2001 (6) SCC 496: A.I.R. 2001 S.C. 3215. *1 marks* ### Question 45 1(b) ‘A’ a recorded bhumidar seeks cancellation of sale deed executed by ‘Y’ in favour of ‘Z’ in respect of land over which ‘A’ is recorded as bhumidar. The challenge was made on the ground that ‘Y’ was not having title in the Land sold by him. Whether he has to approach civil court or revenue court and why? Discuss with reference to case law on the subject. *1 marks* ### Question 46 1(c) What would be the fate of the above litigation upon issuance of notification under Section 492) of the U.P. Consolidation of Holdings Act, 1953 and what is the remedy then open to ‘A’? *1 marks* ### Question 47 1(d) ‘X’ has his own house over plot no. 202, which is part of his agricultural holding. The Assistant Consolidation officer includes the said plot in the consolidation schemes. can ‘X’ claim exclusion of his holding on the ground that there exists his house over it? Explain. *1 marks* ### Question 48 Q.2. (a) What are the grounds on which suit for eviction of a tenant from a building governed by the provisions of the U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972 could be instituted? *1 marks* ### Question 49 2(b) What are the conditions prescribed for availing benefit of Section 20(4) of the said Act? *1 marks* ### Question 50 2(c) What is the main distinguishing feature between proceedings for release of an accommodation under Section 16(1) (b) and Section 21 (1) (a) of the said Act? *1 marks* ### Question 51 2(d) ‘A’ lets out a shop to ‘B’ who inducts ‘C’ not a member of his family as new partner. What are the remedies open to ‘A’ to his family as a new partner? What are the remedies open to ‘A’ to evict ‘B’ and “C’? Discuss with reference to the provisions of the Act. *1 marks* ### Question 52 Q.3. (a) How, before whom, and on what grounds, election of any person as a member of a Municipality could be questioned? Discuss with specific reference to the provisions contained in the U.P. Municipalities Act, 1916. *1 marks* ### Question 53 3 (b) which buildings and lands are exempted from levy of taxes under the provisions of the above Act? *1 marks* ### Question 54 3 (c) What offences are cognizable by a Nyay Panchayat constituted under the provisions of the U.P Panchayat raj Act, 1947 and what penalties could be imposed by it? *1 marks* ### Question 55 3 (d) A Gram Pradhan was found guilty of causing loss of money belonging to the Gram Panchayat, seven years after he ceased to hold the office. Is there any limitation prescribed under the U.P. Panchayat Raj Act, 1947 for initiating proceedings for recovery of such loss from him? Discuss. *1 marks* ### Question 56 Q.4. (a) What are the different kind of plans which a Development Authority constituted under the U.P. Urban planning and Development Act, 1973, is enjoined with the duty to prepare? *1 marks* ### Question 57 4(b) Can an illegal construction contrary to the Master plan, be regularized after accepting compounding fees? Support your answer with case law on the point. *1 marks* ### Question 58 4(c) An order of demolition is passed by the development Authority against ‘A’ whose building stands over land which is beyond the limits of the development area. What are the remedies available to such a person? Can he maintain a civil suit? Discuss with reference to statutory provisions, legal principles, and case Law. *1 marks* ### Question 59 Q.5. (a) ‘R’, a girl, refused to marry her boyfriend ‘S’, resulting into his depression. ‘N’, a friend of ‘S’, suggested him to take revenge with an intention that ‘S’ will come out of stock, ‘N’ provides ‘S’ a bottle of liquid believing it as acid. ‘S’ mistook ‘P’ to be ’R’ in darkness and threw the liquid on ‘P’, causing rashes on her face, which later resulted into serious injuries. The investigation revealed that it was not acid but was a concentrate of fungicide. Decide the Criminal Liability of ‘S’ and ‘N’ in this case. *1 marks* ### Question 60 5(b) “Culpable homicide is not murder, if it is committed without premeditation, in a sudden fight in the heat of passion.” Critically examine the statement with leading case law. *1 marks* ### Question 61 5(c) ‘A’ shakes his first at ‘B’, intending or knowledge it to be likely that he may thereby cause ‘B’ to believe ‘A’ is about to strike ‘B’. What offence ‘A’ has committed upon ‘B’ *1 marks* ### Question 62 5(d) A and ‘B’ are joint owners of a car. ‘A’ without informing ‘B’ takes the car out of ‘B’s possession and sold that for a consideration of Rs.5 lac. ‘A’ utilized this money for renovating his house. What offence ‘A’ has committed. *1 marks* ### Question 63 5(e) ‘X’ makes an attempt to steal some jewels by breaking open the box, but there is no jewel in it. What offence ‘A’ has committed? *1 marks* ## Elsewhere - [Every UPHJS paper held](https://unisonlegal.in/uphjs-exam-prep)