Uttar Pradesh Judicial 2009 Law-III Question Paper
Uttar Pradesh Judicial 2009 Law-III Question Paper
1. (a). What is a ‘murder’ and how it is different from culpable homicide not amounting to murder? Mention relevant sections of I.P.C. and case law in support of your answer.
(b). (i) ‘A’ was surrounded by x,y,z and four unknown persons, who all were armed with lathi, axe and gandasa. All the aforesaid persons launched an attack on ‘A’, who sustained fracture of parietal and frontal bones of skull with other numerous injuries which all comulatively could have caused his death and was hospitalized for a month. State the offences, which have been committed by the accused persons.
(ii) ‘X’, with an intention to murder ‘B’ hatched a conspiracy with ‘Y’, purchased a pistol with cartridges and both of them went to the house of ‘B’ at night, but they were caught by the gatekeeper at the gate itself. What offences, if any, have been committed by them? State reasons in support of the answer.
2. (a). (i) ‘M’ was stopped in the way by five persons ‘A’, ‘B’, ‘X’, ‘Y’ and ‘Z’. All of them started beating ‘M’. Sustaining injury ‘M’ fell down on the ground. While escaping ‘Z’ took away purse of ‘M’. What offence/ offences has/ have been committed by ‘A’ and ‘Z’? Explain with reference to relevant sections of I.P.C.
(ii) A gang of ten persons entered into a house and started looting the property. House owner resisted looting of his property and therefore, while escaping, one of the persons, shot dead the house owner. Explain what offence has been committed by the culprits? What can be the maximum sentence that can be imposed on the accused?
(b). (i) ‘A’ removed ornaments from a dead body and kept it with him. What offence has been committed by ‘A’?
(ii) ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ broke into a house during night. ‘A’ and ‘B’ carried instruments useful for house breaking, ‘C’ and ‘D’ carried knives and ‘E’ a revolver. As ‘C’ was snatching a gold chain forcibly from an inmate, another inmate ‘P’ pointed a gun on him. Before ‘P’ could shoot, ‘E’ shot him dead. All the intruders escaped with the golden chain and other ornaments. Outside the house a neighbour ‘N’ attempted to catch hold of ‘D’ but ‘D’ killed him by stabbing. What are the offences for these five may be charged? Is it possible to plead the right of private defence with respect to killing of ‘P’?
3. Discuss the following problems and state what offence of, if any, accused is guilty in each of the following cases:
(a) ‘A’ a constable tried to apprehend the accused the latter aimed and fired gun from a very close range at the thigh of the constable thereby causing an injury, which in the opinion of the doctor was sufficient in the ordinay course of nature to cause death. The constable died as a result of injury received by him. Of what offence is the accused guilty? Give reasons.
(b) ‘A’ is lawfully arrested by ‘B’ a bailiff. ‘A’ is excited to sudden and violent passion by the arrest and kills ‘B’.
(c) ‘A, ‘B’ and ‘C’ are charged under Section 302/34 I.P.C. ‘A’ had a sharp edged weapon and the other two ‘B’ and ‘C’ chased the deceased person. Discuss whether a case under Section 302/34 I.P.C. is made out against ‘B’ and ‘C’? What offence each has committed? What defence is available to ‘B’ and ‘C’?
(d) ‘A’ entered the house of ‘B’ with the intention of committing theft. ‘B’ and other members of his family surrounde and attacked ‘A’ with lathis. Finding life in danger ‘A whipped out a revolver and fired causing the death of ‘B’. Is ‘A’ guilty of murder under Section 302 of I.P.C.?
4. (a). Classify and define the “tenure holders” reffering to relevant provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950?
(b) State briefly as to which properties vest in the Gaon Sabha referring to the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950?
5.(a). What are the restrictions under the U.P. Zamindari Abolition and Land Reforms Act, 1950 on transfer by a Bhumidhar. Whether a Bhumidhar can transfer the land to a foreign national?
(b) What are restrictions on transfer of land by a person belonging to Schedule Castes who has become Bhumidhar with transferable right under Section 131B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 to a person belonging to a Scheduled castes?
6. (a). Discuss the effect of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 vis a vis on the rights of landlord to evict a tenant and the nature of protection given to a tenant.
(b) Whether in case of a building to which U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) applies, it is necessary for the landlord to give notice under Section 106 of Transfer of Property Act for filing a suit for eviction on the grounds specified in Section 20 of U.P. Act No. XIII of 1972?
7. (a). A release application filed by a landlord both under Section 21(1)(a) and 21(1)(b) of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, was allowed. The landlord occupies the building after demolition and reconstruction. The outgoing tenant applies under Section 24 of the Act exercising his option for re-rntry. Decide the said application taking note of pleas available to the respective parties.
(b) A landlord in a suit for eviction, recovery of arrears of rent and damages, pleads that monthly rent is Rs. 5,000/-. In reply, the tenant admits the rate of rent at Rs. 5,00/- per month and makes the deposit under Order 15 Rule 5 C.P.C. Accordingly. An application to strike off the defence for non compliance of Order 15 Rule 5 C.P.C. is filed on the ground that the rate of rent is Rs. 5,000/- per month and in support thereof the landlord produces the receipt of the counterfoils signed by the tenant and also produces the record from the Bank and Income Tax Department of the tenant to show that he has paid the rent at the rate of Rs. 5,000/- per month. Decide the dispute.
8. (a). What are the measures of control given to the State Government over a municipality under the U.P. Municipalities Act, 1916? Answer referring to relevant provisions of the Act.
(b) Which member, officer and servant of the municipality are liable to surcharge for the loss, waste and misapplication of any money or property of the municipality and what are conditions for recovery of surcharge and whether in any circumstances such liability can cease?
9. (a). What are the functions of the Gram Panchayat enumerated under the U.P. Panchayat Raj Act, 1947?
(b) Discuss the nature of jurisdiction exercised by Nyay Panchayat in criminal cases and civil cases?
10. (a). Discuss the Statement of Principles prepared under the U.P. Consolidation of Holdings Act, 1953?
(b) What is the procedure prescribed under the U.P. Consolidation of Holdings Act, 1953 for disposal of the objections on the Statements of Principles?