PART A
1. (a) (i) Where the suits shall be instituted including suits for immovable property situate within jurisdiction of different Courts and where local limits of jurisdiction of Courts are uncertain? Explain.
(ii) A resides at Shimla, B at Kolkata and C at Delhi. A, B and C being together at Varanasi, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at which place(s)? Give reasons.
(b) Explain proclamation for person absconding, attachment of property of person absconding, claims and objections to attachment provided in Code of Criminal Procedure, 1973?
(c) (i) Explain, protection of certain rights regarding freedom of speech etc. provided in the Constitution of India?
(ii) Who has control over subordinate courts under Art. 235 of the Constitution of India? Also elaborate ‘control’ as interpreted by Supreme Court in Rajendra Singh v. Lt. Governor of NCT of Delhi (2011) 10 SCC 1, while considering Article 235 of the Constitution.
(iii) What is doctrine of pleasure and how it has been dealt by Supreme Court in Ajit Kumar v. State of Jharkhand, (2011) 11 SCC 458.
(d) Elaborate ‘pious obligation’ of Hindu son, grandson or great grandson regarding any debt due from his father, grandfather or great grandfather and how it has been affected after coming into force of Hindu Succession (Amendment) Act, 2005 and what debts and alienations shall not be affected?
(e) What is liability to pay compensation in certain cases on the principle of no fault provided under Section 140 of the Motor Vehicles Act, 1988?
(f) What marriages are void marriages and how these may be declared to be nullity under the Hindu Marriage Act, 1955. What marriages are voidable marriages under the said Act and may be annulled by a decree of nullity and on what grounds?
(g) (i) Which lands in view of sub-section (2) of Section 3 of the H.P. Village Common Lands (Vesting and Utilization) Act, 1974 shall not vest under sub-section (1) of Section 3 of the Act on fulfilling what conditions?
(ii) Elaborate what treatment to leases made by panchayats is provided in Section 4 of the H.P. Village Common Lands (Vesting and Utilization) Act, 1974?
2. (a)(i) What is the effect on private alienation of property after attachment under CPC, including alienation on the basis of contract before attachment, explain.
(ii) What various modes of settlement of disputes outside the Court are provided in the CPC?
(iii) From which orders appeal is provided under CPC and limit of such appeal, if any.
(b) Explain:
(i) Search of place entered by person sought to be arrested under Section 47 Cr. P.C.
(ii) Search of place suspected to contain stolen property, forged documents, etc., under S. 94 Cr. P.C.
(iii) ‘A’ is charged under Section 242 of the Indian Penal Code, with “having been in possession of counterfeit coin, having know at the time when he became possessed thereof that such coin was counterfeit”, the word “fraudulently” is omitted in the charge. Omission of word “fraudulently” in the charge is material or not?
(c) (i) Explain, power of Governor to promulgate Ordinances during recess of Legislature provided under Article 213 of the Constitution of India?
(ii) Which principles of policy to be followed by State under Article 39 of the Constitution of India? Explain.
(iii) What are the Fundamental Duties of the citizens provided under the Constitution of India?
(d) Explain:
(i) The insurer is entitled to defend the action under Section 149 of the Motor Vehicles Act, 1988 on what grounds. What is the meaning of ‘material fact’ and ‘material particular’ in Section 149 ibid?
(ii) The Special provision as to payment of compensation on structured formula under the Motor Vehicles Act, 1988.
(e) What is general rule of succession in the case of male under the Hindu Succession Act, 1956. What is the order of succession among heirs in the Schedule of the Act? How the property among heirs in Class-I of the Schedule of the Act shall be distributed and how the property among heirs in Class-II of the Schedule of the Act shall be distributed?
(f) (i) What are additional grounds of divorce available to wife for dissolution of her marriage by a decree of divorce under the Hindu Marriage Act, 1955?
(ii) Explain permanent alimony and maintenance under the Hindu Marriage Act, 1955 and in what situations Court may vary, modify or rescind the order?
(g) (i) How the lands vested in the Government under the H.P. Village Common Lands (Vesting and Utilization) Act, 1974 shall be utilized under Section 8 of the Act?
(ii) How the encroachment on Shamlat land or the lands vested in the State Government are to be treated under the H.P. Village Common Lands (Vesting and Utilization) Act, 1974?
3. (a)(i) Explain enforceability of liability of surety under Section 145 CPC?
(ii) Explain ‘court which passed the decree or order’ with reference to restitution provided under Section 144 CPC?
(iii) When one person may sue or defend on behalf of all in same interest as provided in CPC?
(b) (i) What is the procedure under Section 305 Cr. P.C. to be adopted for inquiry or trial when corporation or registered society is an accused?
(ii) The reports of which Government Scientific Experts under Section 293 Cr. P.C. may be used as evidence in any inquiry, trial or other proceedings.
(iii) What is the summary procedure for trial for giving false evidence provided under Section 344 Cr. P.C.
(c) (i) Elaborate, reservation of seats in Panchayats under Article 243D of the Constitution of India?
(ii) Explain power of Parliament to legislate with respect to a matter in the State List under Article 249 of the Constitution?
(iii) What are cultural and educational rights under Articles 29, 30 of the Constitution of India?
(d) (i) What are powers of the court to make order as to guardianship under Section 7 of the Guardian and Wards Act, 1890? Which court has jurisdiction to entertain application for appointment of guardian of person or property of minor under the aforesaid Act?
(ii) Court is to consider what for appointing a guardian under Section 17 of the Guardian and Wards Act, 1890?
(e) (i) Explain capacity of female Hindu to take in adoption under the Hindu Adoption and Maintenance Act, 1956? Also explain determination of adoptive mother in certain cases under Section 14 of the said Act?
(ii) A Hindu wife under what circumstances is entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956. When she has right to live separately without forfeiting her right to maintenance and when she is not entitled to separate residence and maintenance?
(f) What is general rule of succession in the case of female Hindu under the Hindu Succession Act, 1956 and also what is the order of succession and manner of distribution among heirs of female Hindu?
(g) Explain entitlement of landowner to resume land for personal cultivation from tenant(s), extent of resumption both for irrigated and unirrigated land, what will happen to the rest of tenancy land not resumed, what consequences would follow if the landowner shall not cultivate the land resumed personally within one year from the date of possession under the H.P. Tenancy and Land Reforms Act, 1972?
4. (a)(i) When the sale of immovable property in an execution becomes absolute or be set aside under CPC?
(ii) When plaint shall be rejected under CPC?
(iii) A files a suit for recovery of amount against B, C. The suit is decreed against B. B files appeal in which A and C are respondents. The appellate Court decides in favour of B. What power appellate Court has in the appeal against C under CPC?
(b) (i) Elaborate on provisions in case of failure of constitutional machinery in the States under Article 356 of the Constitution of India?
(ii) Elaborate who are exempted from disqualification under paragraph 5 of the Tenth Schedule of the Constitution and who shall take decision on questions as to disqualification on the ground of defection under said Schedule of the Constitution?
(c) (i) What are powers of appropriate Government under Section 432 read with Section 435 to suspend, remit sentences under Cr. P.C.?
(ii) What is maximum period provided under S.436A Cr. P.C. for which an undertrial prisoner can be detained for certain offences?
(iii) How the seizure of property under Section 457 Cr. P.C. is to be dealt with?
(d) (i) When insurer has a right to seek leave of the Tribunal to contest claim petition on all grounds, under the Motor Vehicles Act, 1988?
(ii) Explain special provisions as to compensation in case of hit and run motor accident under the Motor Vehicles Act, 1988?
(e) (i) When guardian of person or property of minor not to be appointed by the Court under the Guardian and Wards Act, 1890?
(ii) What are the powers of testamentary guardian and what are limitations of powers’ of guardian of property appointed or declared by Court under the Guardian and Wards Act, 1890?
(f) Who are capable of giving a child in adoption under the Hindu Adoption and Maintenance Act, 1956?
(g) Explain transfer of land to non-agriculturists barred under Section 118(1) of the H.P. Tenancy and Land Reforms Act, 1972. “Transfer of Land’ for purposes of Section 118(1) shall not include what, but shall include what? The Registrar or Sub- Registrar appointed under the Indian Registration Act may register what transfers under Section 118(3) of the aforesaid Act?
PART B
5. (a)(i) When the right of private defence of the body and property extends to causing death. Also explain commencement and continuance of right of private defence of property provided under the Indian Penal Code?
(ii) The acts against which there is no right of private defence under IPC?
(iii) ‘A’ enters by night a house which he is legally entitled to enter. ‘Z’ in good. Faith, taking ‘A’ for a house breaker attacks ‘A’. Here ‘Z’, by attacking ‘A’ under this misconception has committed any-offence. And whether ‘A’ has any right of private defence against ‘Z’, explain.
(b)(i) The cases in which secondary evidence relating to documents may be given under Section 65 of the Indian Evidence Act, 1872?
(iii) Explain ‘fact’, ‘facts-in-issue’, ‘conclusive proof, under the Indian Evidence Act, 1872?
(c) (i) The previous sanction is necessary under Section 19 of the Prevention of Corruption Act, 1988 for prosecution of what offences and by whom sanction is to be given? Who will grant sanction in case of doubt? What is the effect on finding, sentence on account of any error, omission or irregularity in sanction? Court shall have regard to what for determining failure of justice?
(ii) What particulars in a charge in relation to an offence under Section 13(l)(d) of the Prevention of Corruption Act, 1988 are sufficient?
(d) Explain preparation of Social Impact Assessment Study under Section 4 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
(e) Explain powers of Food Safety Officer under the Food Safety and Standards Act, 2006?
(f) Elaborate:
1. Persons capable of making Hindu Will.
2. How unprivileged Hindu Will is executed.
(g) Explain:
1. What presumption is available under Section 45 of the H.P. Land Revenue Act, 1954?
2. What remedy is available to an aggrieved person against the entry under Section 45 of the H.P. Land Revenue Act, 1954?
6. (a)(i) What is unlawful assembly, when unlawful assembly and any member thereof is guilty of offence of rioting?
(ii) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. What is the nature of evidence under IPC regarding Z given by A, whether Z was at that place on the day named or not?
(iii) What is culpable homicide under Indian Penal Code. In murder and-culpable homicide what is ‘genus’ and what is ‘species’ according to Supreme Court?
(b) (i) How much statement is to be proved when statement forms part of a conversation, document, electronic record, book or series of letters or papers?
(ii) How the terms of contract, grant and other dispositions of property reduced to form of documents shall be proved?
(iii) Explain when the terms of any contract, grant and -ether disposition of property are proved, which evidence shall be excluded to disprove such terms, what are the exceptions?
(c) Elaborate examination of proposals for land acquisition and Social Impact Assessment Report by appropriate government under Section 8 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Who and in which situation is competent to exempt Social Impact Assessment Study under the said Act?
(d) (i) Explain improvements made by bonafide transferee under defective title under the Transfer of Property Act, 1882. What right such transferee has over such improvement in case of eviction? What is position of crops grown by such transferee?
(ii) Explain doctrine of lis pendens. It commences when and continues up to what stage. Whether this doctrine is applicable to bonafide transferee without notice for consideration of pending proceeding?
(e) Explain sampling and analysis under Section 47 of the Food Safety and Standards Act, 2006?
(f) (i) Explain proof of representative title a condition precedent to recovery through the courts of debts from debtor of deceased persons required under S.214 of the Indian Succession Act, 1925?
(ii) The legacy is simply in favour of A and B. A dies before testator C. Be will get what under the legacy?
(g) What has been provided under Section 163 of the H.P. Land Revenue Act, 1954 to prevent encroachment on Government land etc., explain?
7. (a) (i) What is grievous hurt, voluntarily causing hurt and voluntarily causing grievous hurt under 1PC? .
(ii) What is Yoyeurism and stalking under IPC?
(iii) ‘A’ cuts down a tree on ‘B’s land, with the intention of dishonestly taking the tree out of ‘B’s possession without ‘B’s consent. What offence, if any, ‘A’ has .committed when he severed the tree, explain?
(b) (i) Explain the Court may presume existence of certain facts under Section 114 of the Indian Evidence Act, 1872. Give illustrations of cases whether in a given case various presumptions would apply or not?
(ii) What is the presumption as to abetment of suicide by a married woman under the Indian Evidence Act, 1872?
(c) (i) Define following under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
1 ‘Social boycott’
2 ‘Victim’
3 ‘Witness’
(ii) Elaborate preventive action to be taken by law and order machinery provided under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?
(d) (i) What is doctrine of part performance, with exception thereto, if any?
(ii) What is:
1. Mortgage by conditional sale.
2. Mortgage by deposit of title deeds.
(e) Elaborate the following under Indian Forest Act, 1927:
1. (i) On completing what events State Government shall issue notification declaring forest reserved. Such notification shall be published where and specify what?
(ii) Meaning of’ Forest produce’
(f) Explain following under the Narcotic Drugs and Psychotropic Substances Act, 1985:
(i) Factors to be taken into consideration under S.32B for imposing higher than the minimum punishment.
(ii) Application of S.360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 in view of Section 33 of the aforesaid Act.
(g) Explain clauses (i), (ii), (iii) and (iv) of sub-section (3) of Section 1 of the H.P. Urban Rent Control Act, 1987, dealing with enforceability of the said Act?
8. (a)
(i) What is criminal breach of trust under Indian Penal Code.
(ii) What is criminal trespass, house trespass, lurking house trespass and house breaking, under Indian Penal Code.
(iii) ‘A’ commits house trespass by making a hole through the wall of ‘B’s house, and putting his hand through the aperture. What offence ‘A’ has committed when he put hand through the aperture after making hole, elaborate?
(b) (i) What is presumption as to documents thirty years old under Section 90 and what is the presumption under Section 89 of the Indian Evidence Act to documents not produced?
(ii) Explain legitimacy of child under Section 112 of the Indian Evidence Act, 1872?
(iii) Elaborate when confession relevant, it will not become irrelevant because of promise of secrecy etc.?
(c) Explain rights of victims and witnesses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?
(d) (i) What is duration of certain leases in the absence of written contract or local usage under the Transfer of Property Act, 1882?
(ii) How lease of immovable property determines?
(e) (i) Who is competent to declare which land and in which manner as “protected forests” under the Indian Forests Act, 1927?
(ii) Who is competent to issue notification under Section 30 of the Indian Forest Act, 1927 reserving tress etc in a ‘protected forest’ and such notification may declare and prohibit what?
(f) Explain following under the Narcotic Drugs and Psychotropic Substances Act, 1985:
(i) Offences by companies.
(ii) Power of seizure and arrest in public place under Section 43 of the Act.
(g) Define and explain following under the H.P. Urban Rent Control Act, 1987:
i. Building
ii. Landlord
iii. Non-residential building
iv. Specified landlord.
PART C
9. (a) Write judgment on any one of the facts given below:
(i) On the statement of PW1, a case was registered by scribe at police station on 24.2.2006 at 12.45 p.m. against accused. It was alleged that on that day ‘.A’ aged about 8 years., nephew of PW1 was playing near a park. At about-10 a.m. accused ‘S1’ took said ‘A’ to her ‘baithak’, which was seen by villagers ‘M’ and ‘V’, At that time three sons of ‘S1’ also accused, were sitting in the verandah. They went inside taking ‘A’ alongiwth them and did not come out for about half an hour. It was alleged that the accused Then came out with a ‘thaal’ filled with articles of worship (pooja samagri) and went towards Math for worship. ‘M’ and ‘V’ did not see ‘A’ coming out, they suspected some foul play and soon after the accused had left for math they went inside the baithak. As they entered, they saw dead body of ‘A’ lying in a pool of blood with nostrils and ear cut. They raised hue and cry, which attracted number of villagers. When the villagers saw body of ‘A’ the situation took ugly turn and there was complete chaos. The people then went to the math and assaulted the accused.
The police thereafter arrived in the village and inquest panchnama was conducted between 2.30 p.m. to 4 p.m. The accused were arrested at about 3.30 p.m. PW7, doctor conducted the post-mortem at 4.30 p.m. PW7 found several ante-mortem injuries on the body of ‘A’. It was found that there was bleeding from the mouth and nostrils. As per PW7, the cause of death was asphyxia resulting from throttling. According to PW7 injuries No. 1,5,6 and 7 were possible by a sharp cutting weapon.
The accused were found to be having injuries. They were referred to PW3 doctor, who found seventeen injuries on the body of accused ‘S2’ one injury on the body of accused ‘S3’ and four injuries on the person of accused ‘S1’. The injuries were fresh and in the opinion of the witness, were possibly received around 11.45 a.m. on the same day.
The prosecution examined seven witnesses. PW1 ‘R’ informant, PW3 and PW7 doctors, PW2 ‘M’ stated that on 21.2.2006 at about 10 a.m. while he was sitting in front of park on a bench outside the clinic of a doctor along with ‘V’ he saw accused ‘S1’ take ‘A’ to the baithak by holding his arm, where accused ‘S3’, ‘S2’ and ‘S4’ were already present. All the accused then went inside along with ‘A’ and did not come out for about half an hour. Thereafter, the accused came out with a ‘thaal’ with ‘pooja samagri’ and went towards math. ‘A’ was nowhere to be seen, the witness and ‘V’ suspected foul play. They immediately went inside the baithak and saw the dead body of ’A’ lying in a pool of blood. He further stated that he could see stains of blood on cemented portion and according to witness the accused were indulging in Tantrism. The witness stated that the injuries on the person of accused were as a result of beating given by the villagers and that accused had thereafter fled away.
The accused were charged under Section 302 IPC and Section 34 IPC.
OR
(ii) Facts:
The plaintiff filed a suit against defendants for permanent injunction restraining them from removing the pump-set or interfering, in any manner, with the right of the plaintiff to irrigate his land measuring 25 kanals 16 marlas from well and pump-set situated in land measuring 8 marlas bearing Kh. No.li4 R/29.
The further case of the plaintiff is that he was inducted as a tenant on suit land by defendants, on an annual rent of Rs.l614/-p for a period of 10 years by registered lease deed dated 23.8.1968, along with right of irrigation from a common source in the form of well situated on the remaining land belonging to the landlords. He was in possession of 25 kanals 16 marlas land. On coming into force of the H.P. Tenancy and Land Reforms Act, 1972 (for short Act), the property rights of the suit land were conferred on the tenants, including the plaintiff under sub-section (3) of Section 104 of the Act.
It was the case of plaintiff that the whole of the suit land was irrigated from the well and pump-set situated on Kh. No.114 R/29. The plaintiff was given right to irrigate 25 kanals 16 marlas pursuant to agreement dated 23.8.1968 from well and pump-set situated on Kh. No.114 R/29. The plaintiff thereby, pleaded his right to irrigate the land from the well under the Act and Rules and further submitted that the defendants have no right to interfere with such right of plaintiff. It was the case of the plaintiff that the defendants have no right to interfere with such right of the plaintiff. It was the case of plaintiff that the defendants have threatened him that they would not allow the plaintiff to use the well for irrigation and, therefore, the plaintiff filed the suit.
The suit was contested and a common written statement was filed by the defendants. Stand of the defendants was that the plaintiff was a lessee for a fixed term and after the expiry of the lease the plaintiff ceased to have any interest in the suit property. The defendants were within their right to refuse the plaintiff to use well.
The plaintiff filed replication to the written statement. The Section 2f6 of the Act was noticed during proceedings.
The main point for consideration is whether plaintiff has any right to irrigate his land from the pump and well situate on Kh. No.114 R/29 belonging to defendants,
(b) Write short essay on any one of the following topics:
(i) Basic Structure
(in re: Constitution of India)
Or
(ii) Judicial Review.