# UPHJS 2018-III mains paper, solved All 65 questions from the 2018-III 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-iii ## The questions ### Question 1 1. Discuss the provisions in code of CrPC relating to power to examine the accused and accused person to be competent witness [15 marks] *15 marks* The principles of natural justice are the very fundamental of any jurisprudence. Section 313 and section 315 of the code of criminal procedure provides the right to be heard to the accused. under section 313 of the judge is under a duty to examine the accused and put forward some questions so as to get out what is the version of the accused regarding the incident Of which the trial is going on. Under section 315 the accused is deemed to be a competent witness and he can depose here in under ### Question 2 2. At the instance of accused ‘A’ the investigating agency recovers a blood stain sharp edge weapon .the weapon aforesaid is sent to the forensic science laboratory by the investigating agency for examination of the blood stains available on it . a report given by the director of the forensic science laboratory is placed on record by the investigating agency and is marked as exhibit ‘K’ . whether such a report may be used as evidence ? support the answers by referring relevant provisions of CRPC [15 marks] *15 marks* S. 293(4) CrPC ### Question 3 3. On basis of a police report submitted by the prosecution, a charge for commission of offence under Section 302 Indian penal code is framed against the accused. on denial of the charge the accused is subjected to trial as desired by him .during the course of the trial the prosecution witness Z states that during the course of commission of crime the weapon of offence was supplied to accused ‘A’ by a person namely ‘B’. while doing so B instigated accused A to commit the crime. What power is available to the trial court to proceed against B who appears to be guilty of offence? **[15 marks] ** *15 marks* The court can summon the accused under section 319 of CRPC ### Question 4 4. Explain the provisions relating to notice of appearance before police officer and procedure of arrest and duties of a Police Officer while making arrest. [8 marks] *8 marks* ### Question 5 5. 'A' an accused for committing an offence punishable under Section 302 Indian penal code ,while meeting with adverse and incriminating circumstances in prosecution Evidence states that whatever Act was done by him that was due to a reason of unsoundness of mind and he was not knowing nature of the act so committed.the burden to prove the exception as pleaded is on whom ? support the answer with relevant provisions of Indian Evidence Act 1872. [10 marks *10 marks* ### Question 6 6. Explain the provisions relating to the burden of proving fact especially within the knowledge as prescribed under Indian Evidence Act 1872. [6 marks] *6 marks* ### Question 7 7. Discuss the provision relating to birth during marriage, conclusive proof of legitimacy as prescribed under the Indian Evidence Act 1872. [6 marks] *6 marks* ### Question 8 8. Discuss the provisions of Indian Evidence Act relating to facts of which court must take judicial notice. *10 marks* ### Question 9 9. discuss the provision relating to the admissibility of electronic records in evidence as prescribed under Indian Evidence Act 1872 [10 marks] *10 marks* ### Question 10 10. 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. [10] (b) An order accepting the application aforesaid. [10] *1 marks* ### Question 11 11. X has given a sum of Rs 50000/- to Y as loan through a cheque after executing a sale deed dated 01.01.2018 in that regard. As per the conditions of the deed, the loan amount was to be returned by Y to X in one installment in the month of January 2019. Y fail to repay the same amount in the month of January 2019. X desires to institute a summary suit for recovery of money advanced to Y. Draw a plaint on behalf of X to institute a suit as per provisions of the order XXVII of the Civil Procedure Code, 1908. [15] *1 marks* ### Question 12 12. Discuss the provision relating to the property liable to attachment and sale in execution of decree. [15] *1 marks* ### Question 13 13. In a suit, a plaintiff seeks a money decree for breach of contract and damages. The Court holds that the plaintiff is entitled to money decree but the claim for damages is frivolous and vexatious. The Court decides to impose cost on plaintiff for claiming frivolous and vexatious damages. Draw an order in this regard by imagining relevant fact at your own. [15] *1 marks* ### Question 14 14 (a) Law relating to “Public Nuisance” under section 133 of the Code of Criminal Procedure, 1973. [10] *1 marks* ### Question 15 14. (b) Power of Court during course of an enquiry or trial of an offence to proceed against other person appearing to be guilty of offence. [10] *1 marks* Section 319 provides that the Court can summon someone who is not named as accused after the production of evidence during the inquiry or trial. In the constitution bench case of hardeep Singh versus state of Punjab the Supreme Court has laid the guidelines which provides the mechanism for using the discretionary power under section 319 of the CR PC ### Question 16 14 (c) Contents of charge under the Code of Criminal Procedure, 1973 [10] *1 marks* ### Question 17 14 (d) Report of police officer on completion of Investigation. [10] *1 marks* ### Question 18 Q.1. Write short notes (a) Tribunals under part XIV-A of the Constitution of India. *1 marks* ### Question 19 1(b) The Scheduled and Tribunal Areas under Part X of the constitution of India. *1 marks* ### Question 20 1(c) The Co-operative Societies under Part IX-B of the Constitution of India. *1 marks* ### Question 21 Q.2. Explain the concept of equality under Part III of the Constitution of India by giving reference of all the leading judgements rendered by Hon’ble Supreme court relating to the issue concerned. *1 marks* ### Question 22 Q.3. Explain the circumstances in which 9th Schedule was added to the Constitution of India by the Constitution (First Amendment) Act,1951. *1 marks* ### Question 23 Q.4. Answer the following: (a) Discuss the provisions relating to language of the Supreme Court of India and High courts as prescribed under the Constitution of India. *1 marks* ### Question 24 4(b) Discuss the power available to the High Court to transfer of certain cases pending before a court subordinate to High Court. *1 marks* ### Question 25 4(c) Discuss the powers of the president of India for appointment of a Commission to investigate the conditions of backward classes and also the authority available to such Commission under the Constitution of India. *1 marks* ### Question 26 Q.5. ‘A’ is an owner of a factory producing umbrella. He intends to sale the same. Through the production capacity of the factory is to manufacture 400 umbrellas per day, ‘A’, by misrepresentation, leads ‘B’ erroneously to believe that the factory is in production of 500 umbrellas per day. ‘B’ examines the accounts of a factory which is in consonance to its actual production’s capacity. ‘B” buys the factory and subsequently desires to get the contract set aside by alleging it voidable on account of ‘A’s misrepresentation. Discuss the proposition aforesaid in the light of the applicable provisions of the Indian Contract Act, 1872. *1 marks* ### Question 27 Q.6. Discuss the terms ‘bailment’, ‘bailor’ and ‘bailee’ as defined under the Indian Contract Act,1872. *1 marks* ### Question 28 Q.7. Discuss the rights of indemnity-holder when sued. *1 marks* ### Question 29 Q.8. ‘A’ agree to let his five years old son to hire to ‘B’ to work in a carpet factory. Whether such agreement shall be enforceable by law? Answer with reasons. *1 marks* ### Question 30 Q.9. Discuss the relations of partners to one another as prescribed under Chapter III od the Indian Partnership Act, 1932. *1 marks* ### Question 31 Q.10. Discuss the powers available to Registrar of Firms in relations to rectification of mistakes. *1 marks* ### Question 32 Q.11. Answer the following: (a) What do you understand by the term “easement” under the Indian Easement Act,1882? (b) Whether the following shall be an easement: (i) ‘A’ dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. (ii) ‘A’ as the owner of certain house, has the right to go on his neighbour’s land, and to take water for the purposes of his household out of an underground water spring therein. *1 marks* ### Question 33 Q.12. Answer the following: (a) Write a detailed note with all relevant illustrations relating to the provisions for extinction of easement by unity of ownership. (b) Discuss the provisions relating to extinction of easement by non-enjoyment. *1 marks* ### Question 34 Q.13. Discuss the provisions relating to transfer for benefit of unborn person with illustration as prescribed under the Transfer of property Act,1882. *1 marks* ### Question 35 Q.14. Discuss the provisions relating to appointment of receiver under the Transfer of Property Act, 1882 *1 marks* ### Question 36 Q.15. ‘A’ mortgage to ‘B’ a certain field bordering on a river. The field is increased by alluvion. Whether ‘B’ is entitled to increase for his security? *1 marks* ### Question 37 Q.16. ‘A’ mortgage a part of plot of building land to ‘B’ and subsequently erects a house thereon. Whether ‘B’ is entitled to the house as well as the plot for the purpose of his security? *1 marks* ### Question 38 Q.17. Discuss the following terms as referred under the Indian Trust Act,1882: (a) Breach of Trust (b) Lawful purpose (c) Creation of Trust (d) Subject of Trust *1 marks* ### Question 39 Q.18. Discuss the law relating to extinction and revocation of a trust created under the Indian Trust Act, 1882. *1 marks* ### Question 40 Q.19. Discuss the amendments introduced in the Specific Relief Act,1963 by the Specific Relief (Amendment) Act,2018. *1 marks* ### Question 41 Q.20. Discuss the provisions relating to divorce by mutual consent and alternative relief in divorce proceeding as prescribed under the Hindu Marriage Act,1955. *1 marks* ### Question 42 Q.21. Write a short note on devolution of interest in coparcenary property as prescribed under the Hindu Succession Act,1956. *1 marks* ### Question 43 Q.22. Discuss the Provisions relating to maintenance of wife and maintenance of widowed daughter-in-law as prescribed under the Hindu Adoptions and Maintenance Act,1956. *1 marks* ### Question 44 Q.23. Discuss the rule of absolute Liability with special references to the judgment of Hon’ble Supreme Court in M.C. Mehta v. Union of India reported in AIR 1987 SC 1086. *1 marks* ### Question 45 Q.24. Discuss the Law relating to order for payment of maintenance to a Muslim woman as per provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986. *1 marks* ### Question 46 Q.1. Answer the following: (a) By a notice, the High Court calls upon ‘X’ to appear before the Court. ‘X’ hide himself from service of notice and also intentionally prevents the process server from lawful affixing of such notice at a conspicuous place. What offence under Indian Penal Code, 1860 has been committed by ‘X’? *1 marks* ### Question 47 1(b) ‘A’, a middle-aged man, had affair with a married lady ‘B’ living in his neighborhood. ‘A’ threatens ‘B’ to publish their intimate photographs unless ‘B’ gives him Rs. 5 lacs. What offence under Indian Penal Code, 1860 has been committed by ‘A’? *1 marks* ### Question 48 1(c) ‘A’ is an Owner-cum-Manager of a hotel situated at the bank of a lake. The sewerage of the hotel is having opening in the lake and that corrupts the water of the lake. In result, the water become less fit for the purpose for which it is ordinarily used. What offence under Indian Penal Code, 1860 has been committed by ‘A’? *1 marks* ### Question 49 1(d) ‘A’ makes an attempt to steal some, utensils by breaking open the, almirah placed in a store of a hotel. On opening the almirah, he finds that there are no utensils. What offence ‘A’ has committed and for what he is guilty under the Indian Penal Code, 1860? *1 marks* ### Question 50 Q.2. (a) Distinguish between culpable homicide and causing death by rash or negligent act. *1 marks* ### Question 51 2(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. *1 marks* ### Question 52 2 (c) 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’. *1 marks* ### Question 53 Q.3. (a) what are the penal provisions in U.P. Urban Planning and Development Act, 1973? What is the manner and procedure for compounding the offences under the U.P. Urban Planning and Development Act, 1973 under which the state Government exercises its control over a development Authority? *1 marks* ### Question 54 3(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 *1 marks* ### Question 55 Q.4. What are the factors to be kept in mind by the prescribed Authority while passing an order for recounting of votes, in proceedings under Section 12-c (1) of the U.P. Panchayat Raj Act, 1947, challenging the Election of Gram Pradhan? *1 marks* ### Question 56 Q.5. Discuss the pending proceedings under Section 95(1) (g) of U.P. Panchayat Raj Act, 1947 term of Pradhan expires. Whether the proceedings can be concluded or dropped? How the loss, waste or misapplication of money or property of the Gaon Sabha can be determined and recovered? *1 marks* ### Question 57 Q.6. A suit for declaration of bhumidhari rights is filed before the Revenue Court on 1.9.2015,in which an injunction order is also passed to the effect that the status quo as regards possession be maintained by the parties and the property be neither alienated nor its nature be changed in any manner. On 10.9.2016, a notification is issued under Section 4(2) (a) of the U.P. consolidation of Holdings Act, 1953 declaring the village, in which the land in question situates, for being brought under Consolidation operations. The defendant in the declaratory suit, in another proceedings pending before the Civil Court for permanent injunction, wherein he is the plaintiff takes a plea in respect of the same land that on issuance of the notification under Section 4(2) of the Act, 1953, the proceedings in the declaratory suit stood automatically abated. Discuss as to whether the plea taken by the defendant before the Civil Court is tenable in view of the provisions contained in Section 5(2) of the U.P. Consolidation of Holdings Act. *1 marks* ### Question 58 Q.7. Discuss in detail procedure for removal of President of a Municipality by a motion of no confidence. Support your answer by case law. *1 marks* ### Question 59 Q.8. Write short notes following: (a) Power of state Government governed under Section 41 of the U.P. Urban planning and Development Act, 1973. *1 marks* ### Question 60 8 (b) Powers of the District Magistrate to enhance rent under U.P. Act No. 13 of 1972. *1 marks* ### Question 61 8 (c) What are the kinds of plans contemplated under the U.P. Urban Planning and Development Act, 1973? *1 marks* ### Question 62 8 (d) What buildings are exempted from applicability of U.P. Act No. 13 of 1972? *1 marks* ### Question 63 8 (e) Explain the procedure for eviction of an unauthorized occupant from the Gaon Sabha Land. *1 marks* ### Question 64 Q.9. What would be the relevant factors for the District Magistrate to consider while determining standard rent under Section 9 of the U.P. 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. *1 marks* ### Question 65 Q.10. In order to file an appeal under Section 161 of the U.P. Municipalities Act, 1916 what are the pre-requisites to be complied with in order to make an appeal competent. *1 marks* ## Elsewhere - [Every UPHJS paper held](https://unisonlegal.in/uphjs-exam-prep)