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U.P. JUDICIAL SERVICE CIVIL JUDGE MAIN EXAMINATION, 2016

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PAPER – I {LANGUAGE}

Time Allowed: Three Hours Maximum Marks: 200

SPECIFIC INSTRUCTIONS

All Questions are compulsory.

Marks are allotted against each question.

Word limit in questions, wherever specified, should be adhered to.

1. Write an essay in English on any one of the following topics, not exceeding 500 words: 60 MARKS

(a) Terrorist activities in the world

(b) Raising standards in the educational field

2. Make a précis of the following passage in your own words in about one-third of its length and suggest a suitable title to it: 58+2=60

We often talk of raising our country to greater heights. But we have also to answer the questions as to what those heights are and how they can be attained. One great height, some people might say, is the economic prosperity of the people. Economic prosperity is, no doubt, a height worth-attaining as poverty tends to degrade man and we have to see to it that every citizen of the country is able to earn enough to meet his and his family's daily needs. But economic prosperity cannot be regarded as a great height. A country full of rich fools is likely to ruin itself if its citizens waste their money in hedonistic pursuits. That means man needs wisdom more than money. The implication of this assertion is that if we want a country to attain great heights, we have to make efforts to make our people wise.

Now comes the question as to how we can make our people wise. One of the ways to make people wise is to impart them right kind of education. I am aware of the fact that learning and wisdom are two different things. But education is one of the steps leading one to wisdom. So, educating people adequately can be regarded as the second great height.

The third great height is people's high level of thinking. Much depends on people's level of thinking. If the people of a country think of nothing higher than acquiring luxury goods and leading luxurious life, they will not be able to accomplish anything worthwhile. People should be ambitious to know the unrevealed secrets of the universe and to uncover the mysteries of life so that they are able to have an insight into the plan behind the existence of the universe and make appropriate use of that knowledge. (302 words)

3. Translate the following passage into English:

स्वच्छता और स्वास्थ्य का सम्बन्ध काफी निकट का है। जहाँ स्वच्छता होगी वहाँ रोग फैलने की सम्भावना काफी कम है। पर जहाँ स्वच्छता की कमी है वहाँ रोग फैलने की सम्भावनाएँ काफी अधिक है और रोग फैलने पर उस पर काबू पाना आसान काम नहीं है।

सन् 2015 ई० में दिल्ली की सफाई व्यवस्था चरमरा गयी जिससे वहाँ स्थान-स्थान पर कूड़े के बड़े-बड़े ढेर दिखलाई देने लगे। परिणाम यह हुआ कि वहाँ चिकनगुनिया नामक रोग फैल गया और दिल्ली के निवासी थोक में चिकनगुनिया से पीड़ित होने लगे। इस रोग में तेज बुखार होता है जो बहुधा 103 डिग्री या 104 डिग्री तक जाता है और रोगी को बेहोश कर देता है। साथ ही यह जोड़ों में दर्द और सूजन भी पैदा कर देता है। बुखार तो बहुधा 4 से 6 दिन में उतर जाता है पर सूजन और दर्द हफ्तों तक परेशान करते हैं।

2015-1 का चिकनगुनिया दिल्ली की सीमाओं तक ही सीमित नहीं रहा अपितु आसपास के शहरों और कस्बों में भी फैल गया और जैसी दशा दिल्ली में थी वैसी ही दशा मेरठ, गाजियाबाद, हापुड़, बुलन्दशहर और मुजफ्फरनगर में भी हो गयी। घर-घर लोग बीमार पड़ गये। कई घरों में तो घर के सारे निवासियों पर इस बीमारी ने एक साथ हमला किया और उन्हें कोई पानी देने वाला भी उपलब्ध नहीं रहा। कई परिवारों में एक-एक व्यक्ति को तीन-तीन बार बुखार आया।

4. Translate the following passage into Hindi:

Democracy is a system in which it is very difficult, if not impossible, to wipe out crime. In order to remove crime, you have to be strict and punish the criminals adequately, but in order to win elections you have to endear yourself to everybody and appease every Tom, Dick and Harry. If you are strict and punish criminals, then will see to it that you are not elected next time. And once you lose power you are a mere nobody in the state. That is the reason why crime flourishes in democratic countries.

Nay, there are situations in which crime and politics are hand and glove with each other. In such a state criminals make you win elections and you protect them with your political power. Such a situation is unifortunate and common masses suffer in it a great deal. That is the reason why in many a country democracy has been replaced by dictatorship whether military dictatorship or the dictatorship of the proletariat.

PAPER – II {GENERAL KNOWLEDGE}

Time Allowed: Three Hours Maximum Marks: 200

SPECIFIC INSTRUCTIONS

 All Questions are compulsory.

 Marks carried by each question are indicated against it.

 Word limit in questions, wherever specified, should be adhered to.

(a) Write down the names of five main Committees of Indian Constituent Assembly and their Chairmen. (Words limit - 40) 5 MARKS

(b) In which Article of the Constitution 'Rights of Freedom' are described? How many and which types of freedoms are there in original Constitution? In which Article, 'Freedom of Press' is included? (Word limit - 40) 5 MARKS

(d) What is ‘Public Interest Litigation' ? Describe its significances. (Word limit - 40) 5 MARKS

2. Critically analyse the following (Word limit 75 each)

(i) Visit of Prime Minister Narendra Modi to Laos and Vietnam (September 2016) 5 MARKS

(ii) 27th NATO Summit 5 MARKS

(iii) Kaveri River Water Dispute 5 MARKS

(iv) India in Rio Paralympic Games, 2016 5 MARKS

(a) What was the meaning of 'Renaissance? Which duration of history is called 'Period of Renaissance'? (Word limit: 75) 5 MARKS

(b) Discuss in brief the role of Rabindranath Tagore in Banga-Bhanga Movement. (Word limit: 75) 5 MARKS

(d) What was 'Kamraj Plan"? Which six Central Ministers' resignations were accepted under this Plan? (Word limit - 75)

5 MARKS

4. Write notes on the following: (Word limit 75 each) 20

(a) GSAT- 18

(b) Trinetra

(d) Himayat Karyakram

(a) Write the names of the persons honoured by the following awards: 5 MARKS

(1) Nobel Prize for Peace, 2016.

(2) Ekalavya Puraskar, 2016

(3) Arjuna Puraskar (Cricket), 2016

(4) Continuous Development Leadership Award, 2016

(5) Deenabandhu Sahoo (Indian Association of Physics Teachers) Award, 2016

(b) Which personality is also sub-named (or titled) as the following? 5 MARKS

(1) Missileman

(2) Lok Nayak

(3) Frontier Gandhi

(4) Iron Man (Loh Purush)

(5) Punjab Kesari

(1) MOM

(2) AICTE

(3) RADAR.

(4) UNESCO

(5) WHO

(d) Who are the authors of the following books? 5 MARKS

(1) Ashoka in Ancient India

(2) Citizen and Society

(3) All That Man Is

(4) One Indian Girl

(5) Modi's Midas Touch in Foreign Policy

(a) Write down the following levels (spheres) of atmosphere in ascending order of heights: 5 MARKS Troposphere, Stratosphere, Ozonosphere, Ionosphere, Exosphere

(b) On the basis of Indian Census, 2011, arrange the four most literate States-Goa, Kerala, Tripura and Mizoram in descending order. 5

(c) Under the Scheme of 'Swarnim Chaturbhuj Yojana', which four cosmopolitan cities are being planned to be connected by a National Highway? How much shall be the total length of this Highway? 5

(d) Write down the names of Central Universities located in UP (in chronological order). 5

7. Throw light on the main points of the following Schemes (word limit: 75 each)

(i) 'Income Declaration Scheme' of Central Government

(ii) 'Samaj vadi Pension Scheme' of UP Government

(iii) 'Lado Rani Yojana' of Rajasthan Government

(iv) ' Pashudhan Bima Yojana ' (Livestock Insurance Scheme) of Haryana Government.

(a) What is Goods and Services Tax (GST) Constitution Amendment Bill? Which Central taxes are being included in it? What are the expectations from Information Technology for its implementation? (Word limit: 200) 10

(b) Give brief information about the following (word limit: 40 each)

(i) The Technology Institutions (Amendment) Act, 2016 5

(ii) The Maternity Leave (Amendment) Bill, 2016 5

(a) Why have the following places been in news recently? (Word limit: 30 each) 10

(i) Bhabhra (Madhya Pradesh)

(ii) Charkhi Dadri (Haryana)

(iii) Bilaspur (Himachal Pradesh)

(iv) Chaubatia (Uttarakhand)

(v) Uri (Jammu- Kashmir)

(b) Why have the following personalities been in news recently? (word limit: 30)

(i) Urjit R. Patel

(ii) Pushpa Kamal Dahal

(iii) Dilip Babasaheb Bhosale

(iv) Irom Chanu Sharmila

(v) Anurag Thakur

10.

(a) How many types of Courts are there in a district according to district level judicial system? Name them and discuss briefly their jurisdictions. (word limit: 150 each) 10

(b) Who said the following statements? 5

(i) “1857 Revolution was not a Military Revolt rather it was a real National Revolution.”

(ii) “Inqlab Jindabad.”

(iii) "Feel proud in announcing that we are Indian and every Indian is our brother."

(iv) “Freedom is our birthright and we shall certainly get it.”

(v) “If country divides, it shall be on my dead body."

(i) Ug99

(ii) God particle

(iii) IPC

(iv) CRPC

(v) DNA

LAW PAPER – I {SUBSTANTIVE LAW}

Time Allowed: Three Hours Maximum Marks: 200

SPECIFIC INSTRUCTIONS

 Candidates have to attempt Question Nos. 1 and 2, and any four of the remaining ones. Attempt six questions in all.

 Marks carried by each question are indicated at its end.

(a) "A declaration of fundamental rights is meaningless unless there is an effective judicial remedy for their enforcement." Comment on this statement explaining the judicial remedies provided in the Constitution of India.

(b) There are many provisions in the Constitution of India which secure independence and impartiality of the Judiciary. Discuss those provisions and refer to important judgments of the Supreme Court.

(d) Explain relations between the Union and the States in legislative matters with reference to various Articles of the Constitution.

(a) State the grounds on which 'decree for judicial separation' may be obtained under the Hindu Marriage Act, 1955. How does a 'decree for judicial separation' differ from a 'decree of divorce"?

(b)

(i) Describe the classes of persons who can claim a right of pre-emption. Whether the right of pre-emption is still available on ground of vicinage? Discuss.

(ii) Distinguish between Hiba, Hiba-Bil-Evaz and Hiba-Ba- Shartul-Evaz.

(c) What do you understand by anticipatory breach of contract? M/s. XYZ Textile enters into a contract with ABC Garment Showroom for supply of 1000 pieces of cotton shirts at Rs. 400 per shirt to be supplied on or before 31st December, 2015. Later on, on 1st November, 2015 XYZ Textile informs ABC garment Showroom that they will not supply the shirts. Discuss the remedies available to ABC Garment Showroom.

(a) What do you understand by mortgage? What are the essentials of valid mortgage? Distinguish between mortgage and charge.

(b) Distinguish between the following:

(i) Vested interest and Contingent interest

(ii) Lease and Licence.

(a) What are the effects of non-registration of a partnership firm? Whether the effects of non-registration of firm can be cured during pendency of the suit by getting the firm registered? Discuss.

Mohan and Sohan were partners in an unregistered firm. There was provision in partnership deed that in case of any dispute between the partners, the matter will be referred to arbitration. After some time, a dispute arose between the partners and Mohan appointed an arbitrator but Sohan did not give his consent and refused to refer the dispute to the arbitrator. Whether Sohan can be compelled to refer the dispute to the arbitration?

(b) "Sharing of profit is prima facie evidence of partnership, but not conclusive". Discuss. Santosh is wife of Alok. She gave her Stridhan to Alok. Alok started his business from that Stridhan. Whether Santosh and Alok are partners?

(a) "No case of actionable negligence will arise unless there is a breach of duty to take care." Discuss this statement with the help of decided cases.

(b) "The Court can provide compensation for violation of Fundamental Rights." Analyze this statement in the light of emerging principle of liability of State.

(i) Assault and Battery

(ii) Libel and Slander.

(a) What are the rights of beneficiary in the Indian Trust Act? Discuss.

(b) What do you understand by doctrine of cy pres? On what type of trusts this doctrine is applied?

(i) He who seeks equity must do equity.

(ii) Where equities are equal, the law shall prevail.

(a) What do you understand by 'easement by prescription"? What are its essentials? Distinguish between profit a prendre and easement.

(b) What do you understand by 'specific relief? Whether specific relief can be granted for enforcement of criminal law?

(a) “An agreement without consideration is void." What are the exceptions to this rule? Discuss.

A owes Rs. 10,000 to B but the debt is barred by the Limitation Act. A signs a written promise to pay B Rs. 5,000 on account of debt. Is it a valid contract? Refer to relevant provision of the Contract Act.

(b) C was granted divorce by the Court against P. C got remarried before the expiry of the period of appeal. P filed an appeal against the order of divorce and it has been granted. Discuss the legality of the second marriage of C. Will it make any difference if the appeal is dismissed? Both the parties are Hindu.

9. Explain the following:

(a) Legal consequences of Talak under Muslim Law

(b) Difference between Acknowledgment and Adoption

10. Solve any three of the following problems by referring to relevant law:

(a) A Muslim husband W contracts a second marriage. His first wife Z claims separate residence and maintenance under the Criminal Procedure Code. W pleads defence of his personal law which permits him to take more than one wife. Decide.

(b) A contracts to pay Rs. 10,000 to B if B's house is burnt. House of B is burnt. Can B recover Rs. 10,000 from A? Is it a wagering agreement?

(d) A introduces B to C as his partner and B remains silent. In fact, A and B are not partners. C supplies goods to B on credit. Is A liable for B's act?

LAW PAPER – II {PROCEDURE & EVIDENCE}

Time Allowed: Three Hours Maximum Marks: 200

SPECIFIC INSTRUCTIONS

 Attempt five questions in all. Question No. 1 is compulsory.

 At least one question must be attempted from each Section.

 Marks carried by each question have been indicated against the question.

(a) On 5th January, 2010, Mohan Lal Yadav instituted a criminal complaint against Ghanashyam Narayan Singh who was a shopkeeper. As a result of this, Ghanashyam Narayan Singh had to go to jail and his shop was closed. After trial on 5th July, 2011 Ghanashyam Narayan Singh was acquitted by the criminal court on the grounds of false and baseless allegations levelled by Mohan Lal Yadav. Now Ghanashyam Narayan Singh wants to sue Mohan Lal Yadav on the grounds of malicious prosecution.

Write a plaint for Ghanashyam Narayan Singh based upon aforesaid facts.

(b) Prepare draft of a written statement for the defendant Mohan Lal Yadav on the basis of facts in Question No. 1(a).

(a) On date 15.3.2014, a custom officer takes personal search of one Jai Prakash Narayan at Lucknow Airport. One metal has been recovered from his possession. One uneducated but experienced goldsmith has been called to examine the metal. After examining the recovered metal the goldsmith reveals that the metal is gold. As a result, the gold is seized and the matter has been produced before the court for trial. The accused puts forward his defence on the grounds that: (i) the proceeding conducted by the custom officer and the seizure of gold was a prosecution therefore he cannot be put to another prosecution before the court; and (ii) the goldsmith who examined the metal was not a qualified expert therefore proceeding was not lawful.

Prepare a draft of charge against the accused into the matter.

(b) On the basis of the facts in part (a), decide the matter and give your judgment.

SECTION A

(a) Explain the principle of res judicata between co-defendants. How res judicata differs from res subjudice and estoppel?

(b) What are the fundamental rules of pleadings? What are the circumstances in which court can order amendment of pleadings?

(c) What procedure need to be adopted to institute a pauper suit in court of law? Who can institute such suit? Discuss the procedure in detail in pauper suit.

(a) When can a temporary injunction be granted by a civil court? Give details of kinds of injunctions.

(b) What is interpleader suit? When and by whom can it be instituted?

(a) Distinguish among legal set off, equitable set off and counter- claim. Discuss also how they are claimed and what their will effects are?

(b)

(i) A sues B on bill of exchange. B alleges that A has wrongfully neglected to insure B's goods and is liable to pay him compensation which B claims to set off. Answer with reasons.

(ii) A dies intestate and in debt in B. C takes out administration to A's effects and B buys part of the effects from C. In a suit for purchase money by C against B, the latter wants to set off the debt. Answer with reasons.

SECTION B

(a) Explain 'admissions' and 'confessions'. Distinguish between the two to establish how far they are admissible in the court as an evidence.

(b) Are the following admissions/confessions admissible?

(i) A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. Whether the statement by C that he owed rent to B is admissible against A?

(ii) A is being tried for the murder of C. There is evidence to show that C was murdered by A and B, and that B said that A and myself had murdered C. Whether the statement of B can be considered as confession against A?

(a) Write exhaustive but brief notes on any two of the following:

(i) Privileged communications

(ii) Direct and circumstantial evidence

(iii) Burden of proof

(iv) Expert opinion

(b) Answer with reasons:

(i) The question is whether a horse sold by A to B is sound. A tells B to go and ask C, às C knows all about it. Whether C's statement is an admission?

(ii) A sues B for damage done by dog of B. B knows the dog to be ferocious. Whether the fact that the dog had previously bitten X, Y, Z and they had made complaint to B is relevant?

(a) In what circumstances, statement made by persons, who are dead or who otherwise cannot be called as witness, may be proved in a case? Explain with illustrations.

(b) Who is an accomplice? Describe the relevancy of the evidence of an accomplice. Support your answer with the help of statutory provisions also.

(c) What is the relevance of DNA test evidence in India? After Sheena Bora murder case, analyze the relevancy of DNA evidence as corroborative evidence and circumstantial evidence.

SECTION C

(a) On the basis of decided cases, discuss briefly the distinction between the procedure of investigation by a police officer in cognizable and non-cognizable offences. Specially for the protection of women against heinous crimes, what major amendments are made in the Criminal Procedure Code by the Criminal Law (Amendment) Act, 2013 (No. 13 of 2013)? Discuss in brief.

(b) Under the Code of Criminal Procedure, 1973, Section 2, how are bailable and non-bailable offences distinguished? Under what circumstances of Section 437 of the Code, bail may be given in case of non-bailable offence? Discuss in brief.

(c) Can a police officer during investigation seize any property without the permission from the court? Describe the procedure to be followed by the officer after seizure of such property.

(a) What is plea bargaining? Briefly describe its procedure. Whether these provisions apply in respect of all types of offences? Can victim of crime make any objection against this bargaining? Explain.

(b) Describe briefly the procedure to be adopted by a Magistrate in complaint cases.

(c) In what circumstances and in respect to which offences after conviction in the case, a Session Court or a Judicial Magistrate may order for obtaining security for keeping peace from the convicted person? Describe.

10.

(a) Explain clearly the distinction in trials between summons case and warrant case.

(b) Discuss the prosecution process of offences against marriage as provided under the Criminal Procedure Code, 1973.

(i) An incident of murder happens within the jurisdiction of a police station. The police station in-charge starts investigation in the case. The aggrieved party approaches the concerned Judicial Magistrate to complain against irregularities being committed by the police station in-charge during investigation. Can the Magistrate order to stop further investigation in the case? If so, then how? Answer with reasons.

(ii) What is 'judgment' under the Criminal Procedure Code, 1973? What are the essentials to be incorporated in a judgment? Discuss.

LAW PAPER – III {PENAL, REVENUE & LOCAL LAWS}

Time Allowed: Three Hours Maximum Marks: 200

SPECIFIC INSTRUCTIONS

 Candidates should answer six questions in all. Question Nos. 1 and 2 are compulsory and rest two each should be from Section - A and Section -B.

 Marks carried by each question are indicated at its end.

1. As per the provisions of the UP Consolidation of Holdings Act, 1953, explain the following:

(a) Consolidation area

(b) Tenure holder

(d) Essential requirements of consolidation scheme

2. As per the provisions of the UP Panchayat Raj Act, 1947, write notes on the following:

(a) Nyaya Panchayat

(b) Gram Panchayat

(d) Election for Gram Pradhan and Upapradhan

SECTION A

3. Explain the following as provided under the UP Municipalities Act, 1916:

(a) Municipality, Municipal Area and Municipal Council

(b) Dissolution of Municipality and its consequences

(a) Discuss the restrictions on the rights of the Bhumidhar having transferable rights.

(b) Can a Bhumidhar with non-transferable rights acquire rights of a Bhumidhar with transferable rights? If yes, how and when?

(a) In relation to lease his holding, who is a disabled person under the UP Zamindari Abolition and Land Reforms Act, 1950? Explain.

A cultivator who is not disabled leases out his holding. What would be the consequences of such lease? Explain.

(b) Mention the restrictions which the UP Zamindari Abolition and Land Reforms Act, 1950 has imposed on transfer of agricultural land in U.P.

(a) Can a Bhumidhar with transferable rights bequeath his holding or any part of it?

If such Bhumidhar belongs to a Scheduled Caste or Scheduled Tribe, what shall be his position in this regard? Explain.

(b) Point out the order of inheritance in the following cases:

(i) A male Bhumidhar dies leaving behind his :

(1) Unmarried daughter

(2) Mother

(3) Father

(ii) A female landholder dies leaving behind her :

(1) Husband

(2) Son

(3) Daughter

SECTION B

(a) What do you understand by mens rea? What is the importance of mens rea under the Indian Penal Code, 1860? Discuss.

(b) A is married to a female B. B does not remain satisfied by her husband A. One day leaving her husband A's house she goes to the house of her paramour C and there she remains with C as husband and wife. Discuss here C's offence.

(a) Define and distinguish between forgery and cheating.

(b) A picks up a bearer cheque signed by B from a bank counter. No amount is shown in the cheque. A inserts ten thousand rupees in the cheque. Has A committed any offence? Answer with reasons.

(c) A takes a golden ring from a goldsmith for showing it to his wife but does not return it to the goldsmith. A retains it against the debt due to him from the goldsmith. Has A committed any offence? Answer by giving reasons.

(a) Explain the different forms of outraging of modesty of a woman which in recent past the Criminal Law (Amendment) Act, 2013 has enumerated under Section 354 of the Indian Penal Code, 1860.

(b) Explain 'preparation to commit crime' and 'attempt to commit crime', and point out the distinction between them. Answer with the help of suitable illustration or decided cases.

(c) A A goes to a three-star (***) hotel and there consumes food and drinks to the sum of Rs. 600 knowing that his pockets are empty. He could not pay the amount. What offence has been committed by A? Answer with reasons.

10.

(a) What is Criminal Breach of Trust? What facts are to be proved for such offence? Point out the difference between 'Criminal Breach of Trust' and 'Criminal Misappropriation'. Support your answer with examples.

(b) A climbed upon the roof of his house with the help of a ladder. B intentionally pulls the ladder. What offence has been committed by B?

U.P. JUDICIAL SERVICE CIVIL JUDGE MAIN EXAMINATION, 2016

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