Uttar Pradesh Judicial 2007 Law-III Question Paper

Uttar Pradesh Judicial 2007 Law-III Question Paper

Q1. 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.?

Q2. (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.
(b) ‘X’ was in desperate poverty and tried to persuade his wife to go to her mother’s house. She refused and said that if ‘X’ insisted it was better that she was killed. After asking her two three times if she did not want to leave ‘X’ cut her with penknife and killed her. Whether ‘X’ is liable criminally and if yes, for what offence?

Q3. 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

Q4. 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?

Q5. 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 unauthorized occupy the land allotted to others? Answer giving reference to relevant provisions of the U.P. Zamindari Abolition & Land Reforms Act, 1950.

Q6. (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 decree holder 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?
(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?

Q7. (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.
(b) What are the functions of the Municipality that must be discharged by the President of Municipality?

Q8. 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?

Q9. 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 there under?

Q10. (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 ‘Yes’ 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 there under?
(b) Whether the Gram Panchayat can levy any tax? Elaborate referring to the relevant provisions of the U.P. Panchayat Raj Act, 1947.

Q11. (a) What is the consequence of issuance of notification under Section 4(2) of the U.P. Consolidation of Holdings Act, 1953?
(b) What are the conditions which are required to be fulfilled in a Consolidation Scheme?

Q12. (a) What is the ‘Master Plan’ and ‘Zonal Development Plan’ 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?
(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.