U.P.H.J.S. Exam 2007

The Uttar Pradesh Higher Judicial Service Examination-2007
Law-II (Procedure & Evidence)
Max. Marks 200 Time 3 Hours

Note: 1. All questions are to be attempted.
2. Marks of each question are mentioned in the margin.
3. The questions may be answered either in English or Hindi.


1(a). What do you understand by relevancy of fact and how will you distinguish or co-relate the relevancy of fact with the admissibility of evidence? Which fact can be relevant and inadmissible and vice versa. Give illustrations with particular reference to case law?
15
1(b). In a suit between A & B it is proved that B is in possession of a document, of which a certified copy is permitted to be given in evidence. A wants to prove the contents of the document against B. B, notwithstanding notice to produce it, fails to produce the document. A adduces oral evidence to prove the contents. Is the evidence admissible?
5

2(a). What are the privileged communications? A, a client says to B, a lawyer, ΓÇ£I wish to obtain the possession of the property by the use of this forged deed on which I request you to sueΓÇ¥. Is this communication protected from disclosure?
15
2(b). Jolly informed John in the year 1988 that she had committed theft of the ornaments of her neighbour. Thereafter, Jolly and John were married in 1989. In the year 1992, prosecution was started against Jolly in respect of the theft of ornaments. John is called to give evidence in this case. Can John disclose the communication made to him by Jolly?
5

3(a). Differentiate between the evidence given by an accomplice and a co-accused and decide the evidentiary value of each of them?
15
3(b). A and B are being jointly tried for the murder of C. A makes a confession in which he says that he along with B went to the room in which C was sleeping, that A stood at the door as he felt nervous and B went inside and shot C dead. How far can this confession be used against B?
5

4. Write short notes on any three of following:
(i) Dying declaration
(ii) Retracted Extra-judicial confession
(iii) Expert evidence
(iv) Evidentiary value of Sniffer Dog
15

5. Every offence shall ordinarily be enquired into and tried by a court within the local limits of whose jurisdiction it was committed. State the exception to this Rule by referring to provisions of Criminal Procedure Code and the decided cases?
15
6. What are the objects of recalling a witness under Section 311 of the Code of Criminal Procedure and when court should not exercise power of recalling a witness for cross examination?
15

7. What is Narco-analysis and what is the legal sanction behind it?
15

8. What is the distinction between the provisions of Section 340 and 344 of Cr.P.C. relating to the offence affecting the administration of justice?
15

9. Explain what is a counter claim with reference to Civil Procedure Code? Whether it can be filed at any stage of suit or appeal also? Can it be directed against a co-defendant?
15

10. What is time limit for filing a written statement by a defendant? Whether the time provided under Order VIII, Rule 1 of Civil Procedure Code can be extended by Court? Explain with reference to relevant case law?
15

11. What are the salient features of amendments made in the Civil Procedure Code by Amendment Act 46 of 1999 and Amendment Act 22 of 2002 in the following provisions:
(a) Section 115,
(b) Order VI, Rule 17 and
(c) Order XII, Rule 2.
15

12(a). What the plaintiff is required to prove in an action for mallicious prosecution?
15
12(b). A files a criminal complaint against B that B, who is an editor of a reputed newspaper, has published an editorial in which allegations regarding AΓÇÖs personal character including allegation of committing rape of his maid servant is made, he also appears before the Magistrate and gives his statement along with statements of two other persons supporting the complaint. The Magistrate, however, after examining the statements recorded and allegations of complaint, dismissed the same. Whether B can bring an action for malicious prosecution? If yes, is there any limitation prescribed for bringing such action?
5

The Uttar Pradesh Higher Judicial Service Examination-2007
Law-III (Penal, Revenue & Local Laws)
Max. Marks 200 Time 3 Hours

Note: 1. All questions are to be attempted.
2. Marks of each question are mentioned in the margin.
3. The questions may be answered either in English or Hindi.


1. Section 149 I.P.C. which is declaratory of the vicarious liability of the members of an unlawful assembly for acts done in prosecution of common object of that assembly, or for such offence as they know was likely to be committed in prosecution of common object, has been a subject to a great many judgments. Elaborate it referring to decided cases? What is difference between principles as contained in Section 34 I.P.C. and Section 149 I,P.C. ?
15

2(a). What is the test of grave and sudden provocation and state the extent to which it may mitigate the responsibility of the accused for the offence of murder? Answer referring to decided cases and illustrations.
15
2(a). ΓÇÿXΓÇÖ was in desperate poverty and tried to persuade his wife to go to her motherΓÇÖs house. She refused and said that if ΓÇÿXΓÇÖ insisted it was better that she was killed. After asking her two three times if she did not want to leave ΓÇÿXΓÇÖ cut her with penknife and killed her. Whether ΓÇÿXΓÇÖ is liable criminally and if yes, for what offence?
10

3. Distinguish between any two of the following:
(a) Kidnapping and abduction
(b) Criminal misappropriation and criminal breach of trust
(c) Simple hurt and grievous hurt
(d) Culpable homicide and murder
10

4. Which are those category of land on which Land Management Committee cannot admit a person as Bhumidhar? Answer referring to the relevant provisions of U.P. Zamindari Abolition & Land Reforms Act, 1950? What order of preference to be is to be followed under the U.P. Zamindari Abolition & Land Reforms Act while granting agricultural lease to a Bhumidhar with non transferable rights or to an assmi? Whether an agricultural lease can be granted to an educational institution?
15

5. What are the measures provided under the U.P. Zamindari Abolition & Land Reforms Act, 1950 to ensure that the persons who have been allotted an agricultural land are put into possession and what actions can be taken under the Act against those persons who unauthorizedly occupy the land allotted to others? Answer giving reference to relevant provisions of the U.P. Zamindari Abolition & Land Reforms Act, 1950.
10

6(a). A landlord brings a suit for recovery of arrears of rent & eviction against a tenant in the regular court. The suit after contest is decreed. In execution of the decree the tenant judgment debtor raises a plea that the decree is not executable as it was passed by a court having no jurisdiction. He submits that such a suit was maintable before Judge, Small Cause Court, as per amendment in the State of U.P. He further submits that the notice given by the landlord was defective as there was no determination of his tenancy through the notice. The landlord decreeholder submits that the above objections were not raised in the suit therefore, they cannot be raised in execution side. The judgment debtor in replication submits that since the matter goes to the very root of the jurisdiction of the court, the decree is unexecutable. Decide the controversy?
15
6(b). In a suit for recovery of arrears and eviction, a landlord and tenant matter, eviction of tenant was sought on the ground of default in payment of rent. It was compromised. The compromise deed provides that if the defendant continues to pay the rent to the plaintiff, the plaintiff will have no right to evict the tenant. After expiry of few years, the plaintiff files an application for release of tenanted accommodation on the ground of bona fide need under Section 21(1) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Can the tenant successfully challenge the maintainability of such an application in view of the compromise referred to above?
10

7(a). How an elected President and members of a Municipal Board, can be removed? State the grounds of removal. Refer to relevant provisions of the U.P. Municipalities Act, 1916.
10
7(b). What are the functions of the Municipality that must be discharged by the President of Municipality?
5

8. What are the taxes which can be imposed by a Municipal Board? What procedure is to be followed for imposition of the taxes. Answer giving relevant provisions of the U.P. Municipalities Act, 1916?
10

9. What is surcharge under the U.P. Panchayat Raj Act, 1947? Who can fix the amount of surcharge? Explain the procedure to be followed for fixing surcharge. Answer referring to the provisions of the U.P. Panchayat Raj Act, 1947 and the Rules framed thereunder?
10

10(a). What are the grounds of removal of Pradhan of a village? Whether the Pradhan can be restrained from exercising his powers on complaints and if the answer is ΓÇÿYesΓÇÖ what procedure is to be followed in above regard. Answer referring to the relevant provisions of the U.P. Panchayat Raj Act, 1947 and the Rules framed thereunder?
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10(b). Whether the Gram Panchayat can levy any tax? Elaborate referring to the relevant provisions of the U.P. Panchayat Raj Act, 1947.
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11(a). What is the consequence of issuance of notification under Section 4(2) of the U.P. Consolidation of Holdings Act, 1953?
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11(b). What are the conditions which are required to be fulfilled in a Consolidation Scheme?
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12(a). What is the ΓÇÿMaster PlanΓÇÖ and ΓÇÿZonal Development PlanΓÇÖ under the U.P. Urban Planning and Development Act, 1973? What is to be included in above plans? Explain the procedure for preparation of above plans. What procedure is to be adopted in case the Plans are to be amended?
15
12(b). Under the U.P. Urban Planning & Development Act, 1973 the Development Authorities are armed with very extensive power to deal with unauthorised constructions. Give details of actions, measures which can be taken by the Development Authorities? Answer referring to provisions of the Act
10

Thanks for the info

thankqs for the attachments ...

thanx sanjay

Welcome all....... Regards-- Sanjay Dixit

thanks

Kumar ARvind

thanks for information.

Kumar ARvind

Can you post english and GK papers for UPHJS 2007

Dear Ajay,
I've uploaded the UPHJS 2007 GK paper in 'SHARE File' today. After approval you may download it from there.
Language paper- I will make it available soon.

Dear Ajay,
I have uploaded the UPHJS 2007 Language paper in 'Share File' section.
You may get it from there.

Thanks foe GK and Language paper



Thanks

Ajay Sharma

I need one more help from your side, I am preparing for UPHJS, so please guide me how i should prepare for that and what strategy  I should take for succeed this exam.

I need one more help from your side, I am preparing for UPHJS, so please guide me how i should prepare for that and what strategy  I should take for succeed this exam.