Thursday, May 29, 2014

Recruitment | Special Metropolitan Magistrate/ Special Municipal Magistrate (Littering) | Delhi High Court


Delhi High Court invites applications for the posts of Special Metropolitan Magistrate/ Special Municipal Magistrate (Littering):

Name of Post: Special Metropolitan Magistrate/ Special Municipal Magistrate (Littering)
No. of Posts: 25

Minimum Qualification: A person shall not be qualified for appointment as Spl. MM unless he/she:-
(1) has been a District Magistrate or a Judicial Officer; or
(2) has for a period of not less than one year exercised the powers of Sub-Divisional Magistrate; or .
(3) has for a period of not less than two years exercised the powers of an Executive Magistrate; or
(4) has held for a period of not less than three years the post of Superintend or an equivalent post thereto and above on the Establishment of the High Court of Delhi and that of the Courts subordinate thereto and is a law graduate; or
(5) has held.for a period of not less than five years, a gazetted post under the departments of the Govt of N.C.T. of Delhi or the Central Govt and is a law graduate (Preference will be given to those persons who have been dealing with legal affairs or have been working in the departments dealing with legal affairs); and
(6) has not attained the age of 65 years on the date of conferment of power of Special Metropolitan Magistrate on him/ her.

Last Date for Application: 16.06.2014

For full detail of advertisement and the format of application form, visit the link below-
http://delhihighcourt.nic.in/writereaddata/upload/Recruitments/OpenPositions/CurrentJobFile_RNWK5FQV.PDF  

Monday, May 26, 2014

Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 191-200

191. A Hindu wife can adopt a boy and a girl simultaneously
(a) without consent of husband
(b) with the consent of husband
(c) cannot adopt
(d) None of the above

Ans. (b)
192. Disposal of immovable property of a minor by his natural guardian is
(a) valid
(b) void
(c) voidable at the option of transferee
(d) voidable at the option of minor

Ans. (d)

193. In India a decree of restitution of conjugal rights can be executed by
(a) attachment of the property of respondent
(b) arrest of the respondent
(c) attachment of property and arrest of respondent, both
(d) either attachment of property or by arrest of respondent and fine

Ans. (a)

194. Bigamous marriage under the Hindu Marriage Act, 1955 is
(a) Valid
(b) Void
(c) Voidable
(d) Irregular

Ans. (b)

195. Punishment for violation of condition as to age as provided under Section 5(III) of the Hindu Marriage Act, 1956, has been provided under which of the following section of the Hindu Marriage Act, 1956 ?
(a) Section 18(b)
(b) Section 17
(c) Section 18(a)
(d) None of the above

Ans. (c)
196. Hanuman Prasad V/s Mst. Babooee Mumraj case is related to which of the following ?
(a) Adoption
(b) Guardianship
(c) Marriage
(d) Maintenance

Ans. (b)

197. A Hindu husband converting to Islam and marrying again will be guilty of bigamy. It was held in which of the following case ?
(a) Bahurao V/s State of Maharashtra
(b) Dr. A.N. Mukherji V/s State
(c) Sarla Mudgal V/s Union of India
(d) P.V. Venkatraman V/s State

Ans. (c)

198. Under Hindu law where the husband creates a condition in which the wife is compelled to leave the conjugal home and live separately
(a) the husband may sue for divorce
(b) the wife will be held guilty of desertion
(c) the marriage is irretrievably broken down
(d) the husband is guilty of constructive desertion

Ans. (d)

199. An illegitimate minor child under Section 20 of the Hindu Adoptions and Maintenance Act is entitled to claim maintenance during his minority from
(a) Father
(b) Mother
(c) Grandfather
(d) Both (a) & (b)

Ans. (d)

200. A Hindu father-in-law is bound to maintain widow daughter-in-law if
(a) she is having no property or income
(b) she is unable to obtain maintenance out of estate of deceased husband
(c) she cannot obtain maintenance from children
(d) All of the above

Ans. (d)


DISCLAIMER: The answers provided here are for views purposes only. For any accuracy it should be double checked. Read More... 

Question Paper | UPHJS (Main) 2009 | Uttar Pradesh Higher Judicial Service (Written) Exam- 2009

Uttar Pradesh Higher Judicial Service (Main Written) Examination- 2009

General Knowledge

PART- A

1. "Kautilya" was the Prime Minister of which Ruler?

2. "Charak" was the Court Physician of which Ruler?

3. Kalidas lived during the reign of which Ruler?

4. Maharishi Patanjali is regarded expounder of which philosophy?

5. "Ayurveda" owes its origin to which Veda?

6. Who is the author of 'Mahabharata'?

7. Name one of the nine gems in the court of Akbar who was his revenue minister?

8. Which are the two planets of the solar system which have no satellites?

9. Which one of the planets in the solar system is known as "Morning Star"?

10. What is the approximate total surface area of the Earth in Square Kilometers?

11. Which is the world's largest desert?

12. The 44th amendment of the Indian Constitution withdrew which fundamental right?

13. The words "Satyamev Jayate" are borrowed from which religious book?

14. Name any two members of the Drafting Committee of the Indian Constitution?

15. What is the name of the border which seperates Pakistan from Afghanistan?

16. From which Constitution the concept of a 'Five Year Plan' was borrowed into the Indian Constitution?

17. What is the name of the book authored by Shri Jaswant Singh which is in the news presently?

18. Name the Chief minister, who recently died in a Helicopter crash.

19. Who was the President of the Constituent Assembly?

20. From which of the countries Constitution of India adopted fundamental duties?

21. Which paramilitary force of India has been setup to provide security to industrial undertakings owned by the Government?

22. When did Gandhiji launch the Quit India Movement?

23. The name 'Annie Besant' is associated with which society?

24. Which is the largest coffee growing country in the world?

25. Which is the world's largest diamond producing country?

26. What is the time taken by the sunlight to reach the Earth?

27. Hamas a militant organization is fighting against which country?

28. In which Battle Napolean was defeated?

29. Elementary education covers children in which age group?

30. Who was the first to develop the World Wide Web?

31. Who is the first indian to score a triple century in test matches?

32. Which metal is used in making an electric bulb filament?

33. Which special sheet is used for marking the answer of multiple choice questions so that they can be scanned?

34. Walt Disney is famous for which two cartoon characters?

35. The first man to travel in space was the Russian cosmonaut named.

36. The Thomas Cup is associated with which sport for men?

37. Who is the writer of famous book 'Adventures of Sherlock Holmes'?

38. The sphere of the earth where life exists is called.

39. Name two locations where atomic power plants are located in India.

40. Which living bird lays the world's largest egg?

41. Sepoy Mutiny of 1857 started from which district of our country?

42. The Amul Cooperative Dairy is located at which place in the State of Gujrat?

43. Which State of our country is the biggest producer of spices?

44. Which is the oldest mountain in India?

45. Which is the Union Territory most densely populated?

46. Name the scientist who first measured velocity of light.

47. Which Indian became the President of International Court of Justice?

48. International Court of Justice is located at?

49. How many members are there at present in the Security Council of the United Nation Organization?

50. Which is the oldest monarchy in the world?

PART- B

Write a short note in about 50 words on the followings:-
 
51. Alternate Dispute Resolution

52. Mission Chandrayan

53. Darwin's Theory of Evaluation

54. Green House Effect

55. Internet

56. Doha round of talks between nations

57. Global Warming

58. Indus Valley Civilization

59. Planning Commission

60. Magna Carta

61. International Atomic Energy Agency (IAEA)

62. Green Revolution

63. Cloning

64. National Emblem

65. India's Missile Programme

66. Swine Flu

67. Organic Farming

68. Hung Parliament

69. Operation Duryodhana

70. Electronic mail (e-mail)

Saturday, May 24, 2014

Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 181-190

181. In which of the following sections of T.P. Act ‘transfer by ostensible owner’ is provided :
(a) Section 39
(b) Section 41
(c) Section 40
(d) Section 42

Ans. (b)
182. In which of the following sections of T.P. Act, transfer in favour of unborn person can be made :
(a) Section 13
(b) Section 12
(c) Section 14
(d) Section 15

Ans. (a)

183. Which one of the following sections of the T.P. Act provides that when there is a conflict between marshalling and contribution, marshalling shall prevail ?
(a) Section 80
(b) Section 81
(c) Section 82
(d) Section 83

Ans. (c)

184. Muhammad Afzal V/s Ghulam Kasim (1903) ILR Cal 843 is a leading case on which of the following ?
(a) Rule against perpetuity
(b) Equity of redemption
(c) Doctrine of election
(d) Doctrine of holding over

Ans. (c)
185. In case of transfer of property for the benefit of the public which of the following restrictions shall not apply ?
(a) Rule against perpetuity
(b) Transfer to take effect on failure of prior interest
(c) Direction of accumulation
(d) All of the above

Ans. (d)

186. Which of the following is not correctly matched under T.P. Act ?
(A) Universal donee – S. 128
(B) Doctrine of Part performance – S. 53A
(C) Marshalling by subsequent purchaser – S. 65
(D) Mortgagee’s right to forclosure or sale – S. 67

Choose the right answer :
(a) Only (A)
(b) Both (A) and (B)
(c) Only (C)
(d) Both (C) and (D)

Ans. (c)

187. The following leading cases are related to which of the following subjects ?
A. Gopal V/s Parsottam
B. Santely V/s Wilde
C. Kedar Lal V/s Hari Lal
D. Ali Hussain V/s Nilla Kandan

Choose the correct answer :
(a) Lease
(b) Gift
(c) Mortgage
(d) None of the above

Ans. (c)

188. Under the Constitution of India all aspects of family law are provided in the
(a) Union List
(b) State List
(c) Concurrent List
(d) None of the above

Ans. (c)

189. A marriage under Hindu Law between Sapindas parties shall be valid
(a) If the custom or usage governing each of them permits.
(b) If the custom or usage governing any of them permits.
(c) Either (a) or (b).
(d) Neither (a) nor (b).

Ans. (a)

190. Adultery is a ground under Hindu Marriage Act, 1955 for
(a) judicial separation
(b) divorce
(c) judicial separation and divorce both
(d) only divorce and not judicial separation

Ans. (c)


DISCLAIMER: The answers provided here are for views purposes only. For any accuracy it should be double checked. Read More... 

Question Paper | UPHJS (Main) 2009 | Uttar Pradesh Higher Judicial Service (Written) Exam- 2009

Uttar Pradesh Higher Judicial Service (Main Written) Examination- 2009

Language

1. Write an essay in English on any of the following topics:-

(a) The crises of India is the crises of character
(b) "Sweet are the usage of adversity" explain and expand
(c) Role of Science in crime detection and crime prevention
(d) Secularism in the Constitution of India

2. Give precis of following passage in English in about 150 words and also give a suitable title-

The individual is the passenger in the chariot of the material body, and intelligence is the driver. Mind is the driving instrument, and the senses are the horses. The self is thus the enjoyer or sufferer in the association of the mind and senses. So, it is understood by great thinkers.

The individual consciousness or the life particle is compared to the passanger because he is the chief occupant and thus enjoyer or the sufferer of the journey. The horses indicate the senses that always drag the chariot of the human body to the object of the senses. Intelligence is compared to the driver because the driver employes necessary discrimination for a successful and comfortable journey. Reins are compared to the mind because they are directly connected to the horses (senses) and are guided by the driver (intelligence). An able driver (intelligence) takes to properly guide the chariot towards the destination by discrimination. In this way the passenger or the soul can reach the desired destination by proper use of all the faculties. On the other hand, if any of the faculties are not controlled and coordinated properly in the hierarchy, sooner or later there may be an accident.

Many spritual traditions of the world, specifically the Vedic tradition of India have proclaimed that consciousness is a distinct reality in nature other than particles and waves. Some modern scientists have also supported this ancient wisdom. For example, Thomas Huxley remarked, "It seems to me pretty plain that there is a third thing, in the universe, to wit, consciousness, which ... I of either." Similar observation is echoed in the words of the renowned physicist, Eugene Wigene Wigner, who stated, "There are two kinds of reality or, existence; the existence of my consciousness and the reality or existence of everything else."

According to Vedanta, human activities are carried out by the will of the conscious life particle, which is then translated through the intelligence and mind to the human body. Mind interacts with body through the brain. The brain is like the central processing unit of a computer where all signals for activities come in and also go out, but it functions according to the will of the programmer. John Eccles suggested phycon as the fundamental unit of the mind and it interacts with the brain through dendrons. Karl Pribram has suggested that psychon is something like a Gabor function, a wave function. However, Vedanta indicates that the life particle lies beyond particle and intelligence is a highly complex interaction and may well lie beyond the scope of modern science.

It will be natural that modern biologists and biochemists should include the study of consciousness in their research works. The field should not be left mainly to the neuroscientists, quantum physicsts, psychologists and philosophers only.

3. Translate the following passage into English-

वकालत शिल्प नहीं वरन एक आजीविका है; एक ऐसा व्यवसाय जिसमें कर्तव्य के प्रति निष्ठां उसका प्रमाण चिह्न है। कर्तव्य पालन के प्रति सत्यनिष्ठा और उद्यम की तत्परता दो ऐसे बाजू हैं जो अधिवक्ता को सफलता के शिखर पर पहुँचने के लिए मार्ग प्रशस्त करते हैं। यदि इन गुणों को छोड़ दिया जाये तो अन्य विशेषताएं अपना ही मार्ग अपनाएंगी। यही कारण है कि विधि-व्यवसाय को एक उत्कृष्ट व्यवसाय माना जाता है। किन्तु इस व्यवसाय की कमजोरियों को हावी होने नहीं दिया जा सकता। यहाँ उस अवतरण को उद्घृत करना लाभप्रद होगा जिसमें शेरसवुड ने इस व्यवसाय के सम्बन्ध में अपना मत व्यक्त किया है-

"कोई अधिवक्ता (वकील), अत्यधिक उत्कृष्ट सत्यनिष्ठा के बिना, क्षणिक आभा के साथ चमक सकता है, किन्तु उसकी यह चमक तुरंत ही एक अँधेरे में छिप जायेगी। विशिष्ट गुणों द्वारा उत्कर्ष तक पहुंचना प्रत्येक व्यक्ति की शक्ति में नहीं होता। कुछ अपवादों को छोड़कर प्रतिष्ठा, सक्षमता और उपयोगिता प्राप्त करना प्रत्येक व्यक्ति की शक्ति में नहीं होता। वे लालच, जिनमें कोई युवक अपने व्यावसायिक जीवन के आरम्भ में अभिभूत रहता है विशेष रूप से उस दशा में यदि वह अपने जीवन यापन (निर्वाह) के लिए उस व्यवसाय पर पूरी तरह निर्भर हो, बहुत अधिक होते है। सत्यनिष्ठा और सम्मान के कठोरतम सिद्धांत ही केवल उसके रक्षक होते हैं। यदि उसे सत्य या ऋजुता (निष्पक्षता) से भटकते या डगमगाते हुए अपना जीवन आरम्भ करने दिया जाए तो वह यह पायेगा कि उसकी बाबत कुछ जानने से पहले ही उसका चरित्र नष्ट हो चुका है। ऐसा निस्संदेह अपूर्णीय रूप से नष्ट नहीं हो जाता बल्कि उसे अपना दृढ आधार बनाने में समर्थ होने के लिए अनेकों वर्ष भी लग जायेंगे। ........."

4. Translate the following passage into Hindi-

The exploration of the new principles are essential in those areas not before explored; more so when the old principles are found to be not responding to the unresolved and unforeseen modern challenges or to have become inapplicable to the new situations or found to be unsound. At the same time, it is not to be lost sight of that in the above institutional task, the Court does not create any new right not known to the constitutional text or history but merely discovers and announces only the existing right so far hidden under the surface on a better understanding of the values of the underlining intent and spirit of the Constitution in the light of a new set of conditions. The resultant corollary would be that the old legal concept and such principles may be swept away by a new concept and under a new set of conditions or a fresh outlook.

The proposition that the provisions of the Constitution must be confined only to the interpretation which the Framers, with the condition and outlook of their time would have placed upon them is not acceptable and is liable to be rejected for more than on reason- firstly, some of the current issues could not have been forseen; secondly, others would not have been discussed and thirdly, still others may be left over as controversial issues, i.e. termed as deferred issues with conflicting intentions. Beyond these reas not easy or possible to decipher as to what were the factors that influenced the mind of the Framers at the time of framing th Constitution when it is juxtaposed to the present time. Thw inevitable truth is that law is not static and immutable but ever increasingly dynamic and grows with the ongoing passage of time.

Thursday, May 22, 2014

Recruitment for the post of 'Judge Family Court'- 2014 in the State of Maharashtra | Bombay High Court | Recruitment Notification

High Court of Bombay 
 
Applications in the prescribed form are invited online from eligible candidates.

Name of Post: Judge, Family Court
No. of Posts: Select list of 8 candidates and wait list of 2 candidates
Pay Scale: Rs.51550-63070

Age Limit: Not less than 35 years of age as on
Minimum Qualifications:
(a) have held a Judicial Office in India or the Office of a Member of a Tribunal or any post under the Union or a State requiring special knowledge of law, at least for seven years ;
OR
(b) have practised as an Advocate in the High Court or in any two or more such Courts in succession, at least for seven years
OR
(c) (i) be a post Graduate in Law with specialisation in Personal Law ;
OR
(ii) have a post Graduate degree in social sciences such as Master of Social Welfare, Sociology, Psychology/Philosophy with a degree in Law ;
AND
(iii) have at least seven years' experience in the field work/ research or of teaching in a Government Department or in a College / University or a comparable academic institute, with special reference to problems of women and children ;
OR
(iv) have seven years' experience in the examination and/ or application of Central/State Laws relating to marriage, divorce, maintenance, guardianship, adoption and other familydisputes.

How to Apply: Apply Online
Last Date: 4th June, 2014

For further details and full advertisement, visit the link below-
https://103.23.150.156/fc2014/fc2014adv.pdf

For Online Application, visit th link below-
https://103.23.150.156/fc2014/recruitment.php  

Chhattisgarh District Judge (Entry Level) Direct Recruitment from Bar 2014 | Recruitment Notification

Applications are invited for the post of District Judge (Entry Level) in Chhattisgarh Higher Judicial Service [Adv. No. 01/S & A Cell/2014]:

Name of Post: District Judge (Entry Level)
Number of Posts: Total- 08
Pay Scale: Rs. 51550-63070

Age Limit: Has attained the age of 35 years and has not attained the age of 45 years on the first day of January 2014 provided that upper age limit shall be relaxed upto a maximum limit of 3 years for the candidates belonging to Scheduled Caste ,Scheduled Tribe and Other Backward Classes who are the bonafide residents of Chhattisgarh State.
 
Minimum Qualification: Has been for atleast seven years in continuous practice as an Advocate on the first day of January 2014.
 

Last Date for Application: 06.06.2014
Date of Written Examination: 20.07.2014

For further details and full advertisement, visit the link below-
http://highcourt.cg.gov.in/srec/2014/adv_5_1_c__2014.pdf

For the format of application form, visit the link below-  

Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 171-180

171. The affidavit given to the Court is
(a) not an evidence
(b) an evidence
(c) merely a written statement
(d) a proof

Ans. (a)

172. Which one of the following sections of the Transfer of Property Act provides that ‘mereright to sue’ can not be transferred ?
(a) Section 5
(b) Section 6
(c) Section 7
(d) None of the above

Ans. (b)

173. Which of the following are actionable claims ?
(i) A share in partnership
(ii) A decree
(iii) Claim for arrears of rent
(iv) Right to get damages for breach of contract
(a) Only (i)
(b) Only (ii)
(c) Only (iv)
(d) Only (i) and (iii)

Ans. (d)

174. The test to decide whether something attached to the earth has to be regarded as immovable or not, depends on any one of the following ?
(a) The degree or mode of annexation
(b) Place of annexation
(c) The object of annexation
(d) Both (a) and (c)

Ans. (d)

175. A transfers property to B in trust for C and directs B to give possession of the property to C when he attains the age of 25. C’s interest in the property is
(a) Contingent
(b) Vested
(c) Neither contingent nor vested
(d) Public interest

Ans. (b)
176. If a property is transferred with the conditions that an interest created therein for the benefit of the transferee shall cease on his becoming insolvent, such a condition is void under which of the following sections of the Transfer of Property Act ?
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13

Ans. (c)

177. A gives a field to B, reserving to himself, with B’s assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A’s life time. Can ‘A’ take back the field ?
(a) Yes
(b) No
(c) Condition is void
(d) None of the above

Ans. (a)

178. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be
(a) Voidable at the option of such creditors
(b) Not void
(c) Void
(d) None of the above

Ans. (a)

179. In the light of provisions of the T.P. Act, a minor
(a) Can transfer a property
(b) Can not transfer a property
(c) Can accept transfer of property in his favour
(d) Both (b) and (c)

Ans. (d)

180. ‘Redemption is the heart of mortgage’ was observed by
(a) Lord Develin
(b) Lord Davey
(c) Lord Halsburry
(d) None of the above

Ans. (c)


DISCLAIMER: The answers provided here are for views purposes only. For any accuracy it should be double checked. Read More... 

Question Paper | UPHJS (Main) 2009 | Uttar Pradesh Higher Judicial Service (Written) Exam- 2009

Uttar Pradesh Higher Judicial Service (Main Written) Examination- 2009

Law III (Penal, Revenue and Local laws)

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.

1(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?

2(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?

4(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?

5(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.

6(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.

7(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.

8(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?

9(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?

10(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?

Tuesday, May 20, 2014

Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 161-170

161. ‘Not proved’ means
(a) It is not proved.
(b) It has been disproved.
(c) It is neither proved nor disproved.
(d) It is denied.

Ans. (c)

162. ‘Proof’ is the result of
(a) Inquiry
(b) Evidence
(c) Investigation
(d) Statement

Ans. (b)

163. “A fact in personal knowledge of the judge can not be taken in evidence.” In which case this had been held ?
(a) Har Prasad V/s Shiva Dayal (1876) 3IA 259
(b) Kashmira Singh V/s State of M.P. 1952 ACR 536
(c) Virendra Kumar Ghosh V/s Emperor ILR (1910) 37 Cal, 474
(d) Pushpa Devi Ramjatia V/s M.L. Wadhwa AIR 1987 SC 1748

Ans. (a)

164. ‘H’ says that ‘Y’ told him that ‘A’ killed ‘B’. This is
(a) Primary evidence
(b) Best evidence
(c) Hearsay evidence
(d) Admission

Ans. (c)

165. “An accomplice is a competent witness against an accused” is provided in which of the following Section of Indian Evidence Act ?
(a) Section 130
(b) Section 131
(c) Section 132
(d) Section 133

Ans. (d)

166. Among the following which is not a public document ?
(a) An unregistered family partition deed
(b) A registered sale deed
(c) A decision of High Court
(d) A decision of Civil Court

Ans. (a)

167. Which one of the following is not privileged communication ?
(a) Matrimonial communication
(b) Paternal communication
(c) Professional communication
(d) Official communication

Ans. (b)

168. Under which one of the following Sections of the Indian Evidence Act, a witness under examination gets the right to refresh his memory ?
(a) Section 158
(b) Section 159
(c) Section 160
(d) Section 162

Ans. (b)

169. Under which of the following Sections of the Indian Evidence Act, the judge determines as to admissibility of fact ?
(a) Section 54
(b) Section 148
(c) Section 136
(d) Section 23

Ans. (c)

170. The fact sought to be proved is called
(a) Factum probana
(b) Factum probandum
(c) Lex Fori
(d) Lex Loci

Ans. (b)


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Question Paper | UPHJS (Main) 2009 | Uttar Pradesh Higher Judicial Service (Written) Exam- 2009

Uttar Pradesh Higher Judicial Service (Main Written) Examination- 2009

Law-II (Procedure and Evidence)

1(a). Oral evidence in all cases must be direct. Explain this rule with illustrations and exceptions referring to relevant sections of the Indian Evidence Act.

1(b). In what manner credit of a witness can be impeached? Refer the section of the Indian Evidence Act in support of your answer.

2(a). How much of an information received from an accused can be proved in a trial against him?

Ram, an accused of an offence of murder stated before a police officer that, "the knife by which I have killed Sohan has been hidden by me in the field, which I can recover". On this information the police officer discovers the said knife from the field, on which human blood is detected. Is the whole statement given by the accused admissible in evidence?
If not, what part or parts are admissible in evidence? Give reasons clearly.

2(b). 'A' a woman whose throat had been cut by some sharped weapon indicated by gesture before her death that 'B' was the person who has cut her throat. Is this statement of 'A' made by gesture admissible in evidence against 'B'?

3(a). How the entries in books of account are proved? Point out the difference, if any, with regard to the admissibility of documentary evidence and mode and method of proof thereof. When and at what stage the aforesaid objections can be raised?

A document is marked as "an Exhibit". Whether question of its admissibility can be raised in appeal for the first time? Refer the relevant case laws on the point.

3(b). 'P' was the wife of 'X'. Two months after the death of 'X', she remarries 'Y'. Five months after the marriage, a son 'Z' is born to 'P'. Who is legally the father of 'Z'? Answer referring to the relevant provisions of Evidence Act.

4. What shall be the effect of following defects in a criminal trial? Explain referring to relevant provisions of Criminal Procedure Code.
(a) The charge is defective.
(b) The prosecution evidence is closed after two or three opportunities leaving few important witnesses unexamined.
(c) Judgment of conviction and sentence delivered in absence of accused.
(d) After closure of defence evidence, certain important prosecution witnesses are summoned for being examined.

5(a). What is the power of Magistrate in regard to the police report furnished under Section 173 of Cr.P.C.? Is the Magistrate competent to disagree with the report? Illustrate with case-laws.

5(b). Explain the power of the Magistrate to issue proclamation and attachment, its extent, scope and limitations with the help of relevant provisions and case-laws.

6. At what stage the power under Section 319 of the Code of Criminal Procedure is to be exercised by the Court? What is the Difference between the powers of the Court under Section 311 Cr.P.C. and Section 319 Cr.P.C.?

7(a). What is Plea Bargaining? What are essential requirements for its acceptance?

One madan Gopal lodges a complaint that his wife Ganga Devi had been defamed by the imputation of unchastity to her. Can Ganga Devi lawfully compound the offence without the consent or against the wishes of Madan Gopal?

7(b). An accused is arrested in a bailable offence and he is released on bail. During trial, he absconds and non-bailable warrants are issued against him. The police arrests him and produces him before the court.

The defence counsel pleads for his release on bail under section 436(1) Cr.P.C., which provided that a person accused of a bailable offence shall be released on bail. Can the Court, in such circumstances, refuse to release him on bail? Give reasons briefly.

8(a). Explain the relevant provisions for recording the satisfaction of a decree as mentioned in the Cr.P.C.

8(b). A decree for recovery of arrears of rent, ejectment etc. is passed against a tenant. When the said decree is put in execution, the judgment debtor comes out with the case that after the passing of the decree, a fresh tenancy was created by the landlord by executing a lease deed and as such he is not liable for eviction. The landlord decree holder denies the execution of any such lease deed. Discuss the tenability of the respective pleas.

9. Write a short note on the followings:-
(a) Section 89 of Civil Procedure Code.
(b) The case of Dhulabhai vs. State of M.P. and others reported in A.I.R. 1969 S.C. 78.
(c) Res-subjudice.
(d) Inter pleader suit.

10(a). What is counter claim? Explain the difference between "counter claim" and "set of". Can a counter claim be filed-
(i) when the right to file written statement has been closed?
(ii) after the close of evidence?

10(b). The plaintiffs filed a suit to recover possession of land belonging to them from defendants who were annual tenants. The court declined to give a decree for possession on the ground that proper notice to quit had not been given and ordered the defendants to pay damages for use and occupation of the land for three years prior to the suit. The plaintiffs brought a fresh suit to recover possession of the lands with mesne profits from the defendants. What are the defences open to the defendants?

Sunday, May 18, 2014

Question Paper | UPHJS (Main) 2009 | Uttar Pradesh Higher Judicial Service (Written) Exam- 2009

Uttar Pradesh Higher Judicial Service (Main Written) Examination- 2009

Law-I (Substantive Law)

1(a). "A contract without consideration is void but there are some contracts which even though may without consideration are valid". Discuss.

1(b). No third party can sue or be sued in a contract to which he is not a party. Discuss.

2(a). 'A' engaged an Advocate to conduct his case for specified fees. Subsequently 'A' promised to pay an additional remuneration if the case was to succeed. The case succeeds and the Advocate sues 'A' for additional remuneration. What, according to you, will be the result of this suit? Answer by referring to relevant provisions of law.

2(b). 'A' gave some gold to a goldsmith named 'B'. The goldsmith put the gold in his safe and posted a watchman outside the room. In a raid by dacoits on the house of the goldsmith, along with his property A's gold was also taken away by the dacoits. Is 'B' liable to 'A' to pay the value of gold? Answer by referring to relevant provisions of law.

3(a). Briefly state rights and duties of the partners inter se, under the Indian Partnership Act?

3(b). One of the partners of a Partnership Firm had retired from the firm on 1.4.1982. The firm continued carrying on its business. The firm took a loan on 1.3.1985. It was established that the retired partner had neither represented nor permitted himself to be represented that he was the partner in the firm on 1.3.1985. Can he be held liable for the loan taken by the firm on 1.3.1985? Decide in the light of the provisions of the Indian Partnership Act.

4(a). Distinguish between an invitee, a licensee and a trespasser, and discuss the liability of an occupier or an owner of land towards each of them.

4(b). The plaintiff, a food grain merchant enjoying good reputation, had incurred ill will of a food inspector who falsely implicated him in a case under Section 7 of the Essential Commodities Act, 1955. The plaintiff was arrested and detained for seven days before being put on trial in the court of Chief Judicial Magistrate who acquitted him. In the plaintiff's suit for damages, the State of Punjab as well as the inspector pleaded that since the prosecution was not malafide and as the State was not liable for the act of the food inspector, the suit must fail.
Whether, the State would be vicariously liable for the acts of the food inspector?

5(a). What is the distinction between a mortgage, a hypothecation and a pledge?

5(b). Mr. Borrower hypothecates his stock in trade to the State Bank. In a suit by Mr. Creditor against Mr. Borrower for recovery of a money claim, Mr. Creditor obtains a decree. He attaches Mr. Borrower's stock in trade in execution of the decree. Discuss the rights of the State Bank and Mr. Creditor over the stock in trade.

6(a). State Government makes registration of all marriages solemnized under the Hindu Marriages Act, 1955 compulsory. Non-registration under the rules renders the marriage void and off-spring illegitimate. 'M' and 'N' have married according to Hindu Marriages Act but the marriage is not registered under these rules.
A son 'X' born to 'M' and 'N'. Decide the validity of marriage and legitimacy of 'X'.

6(b). A joint Hindu family consists of father and his lone son. The son dies having his young widow 'W'. Father dies and thereafter mother also dies. The mother left four daughters. A dispute arose between young widow 'W' and the four daughters with regard to succession of the property left by the joint family. Determine the share of the respective parties referring to relevant provisions and case-laws.

7(a). What is the procedure for granting divorce under Mohammadan Law? Whether a wife can divorce her husband under Mohammadan Law?

7(b). Discuss the ground for dissolution of Muslim marriage under Dissolution of Marriages Act, 1939 with special reference to the grounds of desertion.

8. Article 21-A of the Constitution of India imposes burden on State to provide free and compulsory education, while Article 51-A places burden entirely on parents. Explain as to which one shall prevail and can be enforced in a court of law. Give reasons with reference to selected authorities.

9. "Pardoning power of the President is not immune from judicial review". Examine the statement with the relevant case-law.

10(a). Explain the doctrine of "Pith and Substance" in relation to distribution of legislative powers between the Centre and the State.

10(b). Point pot the contingencies under which the President may promulgate Ordinances. Discuss the limitation on this power.

 
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Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 151-160

151. What is the essence of pleadings ?
(a) Plead facts not law
(b) Plead law not facts
(c) Plead facts and law
(d) All the above

Ans. (a)
152. The Bill of Evidence Act was prepared by
(a) Fourth Law Commission
(b) Sir Henry Maine
(c) Sir James Stephen
(d) None of the above

Ans. (c)

153. Rule of Res Gestae which means facts forming the part of the same transactions which is the facts in issue is discussed in
(a) Section 6
(b) Section 7
(c) Section 5
(d) Section 8

Ans. (a)

154. The principle of ‘res judicata’ is provided in which of the following section of the Indian Evidence Act ?
(a) Section 140
(b) Section 40
(c) Section 160
(d) Section 164

Ans. (b)

155. The principle which preclude a person from denying some statement previously made by him is known as
(a) Admission
(b) Confession
(c) Res subjudice
(d) Estoppel

Ans. (d)
156. Which one of the following is correctly matched under the Indian Evidence Act ?
(a) Burden of proof – Section 101
(b) Dowry Death – Section 122
(c) Dumb witness – Section 107
(d) Accomplice – Section 119

Ans. (a)

157. Rules relating to ‘identification of parade’ are contained in which of the following section of Indian Evidence Act ?
(a) Section 9
(b) Section 19
(c) Section 29
(d) Section 39

Ans. (a)

158. Section 74 of the Indian Evidence Act, 1872 deals with
(a) Testamentary document
(b) Non-Testamentary document
(c) Personal document
(d) Public document

Ans. (d)

159. Under which section of Evidence Act legitimacy of a child born during the lawful wedlock is presumed ?
(a) Section 112
(b) Section 113
(c) Section 114
(d) Section 115

Ans. (a)

160. Any question suggesting the answer is called
(a) Oral question
(b) Special question
(c) Leading question
(d) Hearsay question

Ans. (c)


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Friday, May 16, 2014

Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 141-150

141. Under which one of the following Sections of the C.P.C. the Court may ask parties to a dispute to go for mediation ?
(a) Section 88
(b) Section 89
(c) Section 87
(d) Section 86A

Ans. (b)

142. By which one of the amendments of C.P.C. scope of summary trial was substantially widened ?
(a) CPC (Amendment) Act, 1999
(b) CPC (Amendment) Act, 2002
(c) CPC (Amendment)Act, 1976
(d) None of the above

Ans. (c)

143. Under which provision of C.P.C. an Ambassador can be sued ?
(a) Section 86
(b) Section 88
(c) Section 88A
(d) He cannot sued

Ans. (a)

144. Morgan Stanley Mutual Fund V/s Kartik Das case related to which of the following ?
(a) Issuance of Commission
(b) Attachment before judgement
(c) Interim injunction
(d) Affidavits

Ans. (c)

145. When a Court can reject a plaint ?
(a) Where plaintiff fails to comply with Rule – 9.
(b) Where suit is barred by law.
(c) Where plaint is not in duplicate.
(d) All of the above.

Ans. (d)

146. Under C.P.C. find the incorrect match of the following :
(a) Revenue Courts – Section 5
(b) Provincial Small Causes Courts – Section 7
(c) Pecuniary Jurisdiction of Courts – Section 9
(d) Presidency Small Causes Courts – Section 8

Ans. (c)

147. Under Section 13 of CPC which of the following judgements shall not be conclusive ?
(a) Judgement not on merit.
(b) Judgement founded on breach of Indian law.
(c) Judgement against International law.
(d) All of the above

Ans. (d)

148. Rules 6 to 10 of order 39 of C.P.C. deal with
(a) attachment of property
(b) arrest of persons
(c) plaints
(d) interlocutory orders

Ans. (d)

149. Rules relating to interpleader suit have been provided in the C.P.C, under which of the following orders ?
(a) Order 50
(b) Order 35
(c) Order 55
(d) Order 40

Ans. (b)

150. In which of the following case Sir Lawrence Jenkins has observed that “the rule of res judicata, while founded on account of precedent, is directed by a wisdom which is for all times” ?
(a) Lal Chand V/s Radha Kishan
(b) Sheopersan V/s Ramanand Singh
(c) Sulochana Amma V/s Narayanan Nair
(d) Pandurang Ramchandra V/s Shantibai

Ans. (b)


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Wednesday, May 14, 2014

Question Paper | UPHJS 2007 | Uttar Pradesh Higher Judicial Service Examination- 2007

Uttar Pradesh Higher Judicial Service Examination- 2007
GENERAL KNOWLEDGE

Notes :
(i) All questions are to be attempted.
(ii) Answer can be given in English or Hindi.
(iii) Each question in part ‘A’ carries 2 marks and each question in part ‘B’ carries 5 marks.


PART A

1. Who was the founder of Maurya Dynasty?
2. Amir Khusaro the famous poet was associated with the Court of emperor?
3. Among the Mughal Emperor, who ruled for the longest period?
4. Mention the first Tirthankara of Lainism and also mention the birth and Nirvan place of Mahavira?
5. Mention the birth place and place of death of Maharani Laxmibai (Jhansi Ki Rani) ?
6. Who is known as Shere-e-Punjab among Freedom Fighters?
7. The holy Bible’s scripture of two faiths, name them?
8. Who wrote following books?
(a) Ramayan
(b) Uttar Ram Charitra
(c) Poverty of Philosophy
(d) Life Divine
9. Which line divides following
(a) the territory of India and Pakistan
(b) India and China
10. Write the places from which the following river originates?
(a) Narmada
(b) Brahmputra
11. Which is the highest mountain peak in India?
12. Name the river on which ‘Bhakhara Nangal Project’ has been established?
13. Name one factor for which the following cities are famous?
(a) Anand
(b) Bokaro
(c) Kochi
(d) Kolar
14. Which are two days in a year when day and night are equal?
15. Which is the brightest planet in our Solar System?
16. Name the first Chief Justice of India, who officiated as President of India (due to office of President and Vice-President being vacant) ?
17. Name the first speaker of Lok Sabha?
18. Constitution of India consists of how many Articles and how many Schedules?
19. Name the States which have bi-cameral Legislature?
20. Name the year in which last census was held in India?
21. Which High Court gave a historic verdict that ‘Bands organized by political parties are unconstitutional and illegal and they violate fundamental rights?
22. Who is the Indian born Environmentalist who has been awarded ‘Nobel Prize’ for 2007?
23. Which type of bills can become law despite disapproval by Rajya Sabha?
24. Who is founder of Law Day and on which day it is celebrated?
25. Which is the first month of our National Calendar?
26. Who was the first Indian woman Advocate?
27. Name the political leader, who had been Member of Parliament for two terms and has been convicted of death sentence by Sessions Court recently?
28. Name the script writer of film ‘Chak De India’ ?
29. Which European country was first to abolish death sentence and when?
30. Abbreviate the followings:
(a) I.A.E.A.
(b) T.R.A.I.
(c) G.A.T.T.
(d) I.S.B.N.
31. Name the largest group of island in the world?
32. Who is called father of ‘Green Revolution in India’ ?
33. Who said “a thing of beauty is a joy for ever, its loveliness increases it will never pass into nothingness” ?
34. Name the founder members of NAM (Non Align Movement) ?
35. India is the largest exporter of which two items in the world?
36. Name the following?
(a) Deputy Chairman of Planning Commission of India
(b) Chief of the Army Staff
37. With which country India signed Defence Nuclear Co-operation deal on 21.02.2006?
38. In which year Planning Commission of India was set up?
39. Which scheduled bank sponsored the setting up of First Regional Rural Bank in India?
40. For import of which commodity, the India spends largest amount?
41. Which commodity earns maximum foreign exchange for India?
42. Name the year in which rupee currency was first started in India?
43. When did India become a member of International Monetary Fund?
44. How many banks were nationalized in 1969?
45. Who is the present Secretary General of UNO?
46. Which body of UNO appoints the Secretary General?
47. Name the body which awards ‘Nobel Prize’?
48. How many non-permanent members are there in the Security Council of UNO?
49. Name the member countries of ‘SAARC’?
50. Which body of UNO admits new member?
51. Name the countries which are known as G-8 countries?
52. Which motion picture has been awarded ‘Oscar Award-2006’ for best motion picture?
53. What is the universal system of writing and printing for blinds and who invented it?
54. Name the computer system which links and stores information amongst different countries in the world through satellite?
55. Name the most air polluting gas emanated by fuel of motor vehicles?
56. Name the Nuclear Power Stations running in the country and also name the States where they are situated?
57. APJ Abdul Kalam was conferred ‘Bharat Ratna’ award for his achievement in which branch of science?
58. With which India Scientist did Albert Einstein collaborated to develop the theory regarding gas like qualities of electro magnetic radiation?
59. What are the main ingredients of Liquefied Petroleum Gas (LPG) ?
60. Who was CV Raman and why he is famous?


PART B

1. Mention major classical dances of India including the name of cities where these dances originated and are performed (about 50 words) ?
2. Write in about 50 words on ‘Deene Ilahi’.
3. Write about 50 words differentiating the following
(a) Longitude and Latitude
(b) Planet and Star
4. Write about 50 words on Fundamental duties under the Constitution of India.
5. Write about 50 words on ‘Ozone Layer’.
6. What is zero hours?
7. Why the name of Chaudhary Aitzaz Ahsan is in news recently?
8. Write in 50 words on US India nuclear deal.
9. Mention the important aspects of Best Bakery’s case in about 50 words.
10. What is a bull market? Explain in 50 words.
11. What is deficit financing? Explain in about 50 words.
12. Write about 50 words on 10th Five Year Plan.
13. Differentiate Ambassador and High Commissioner in about 50 words.
14. What is KOYOTO Protocol? Explain in 50 words.
15. Differentiate the following in about 50 words
(a) Speed and Velocity
(b) Arteries and Veins
16. What is cloning? How the name of Dolly is connected with it?
 

Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 131-140

131. The Sections in the Code of Civil Procedure can be amended by
(a) the Parliament
(b) a High Court
(c) the Court hearing the suit
(d) the parties to the suit

Ans. (a)

132. Inherent powers of the court can be exercised under C.P.C.
(a) for the ends of justice or to prevent abuse of the process of the court
(b) to help the plaintiff
(c) to help the defendant
(d) to grant interim relief

Ans. (a)

133. Under C.P.C. the provision of notice before instituting a suit against the Government is given in
(a) Section 180
(b) Section 6
(c) Section 80
(d) Section 21

Ans. (c)

134. Under C.P.C. the Court may not issue commissions in the following matter :
(a) to examine any person
(b) to examine accounts
(c) to make a partition
(d) for execution of a decree

Ans. (d)

135. Under C.P.C. which one of the following is liable to attachment and sale in execution of a decree ?
(a) Necessary wearing-apparel
(b) Promissory Notes
(c) Tools of artisans
(d) Books of accounts

Ans. (b)

136. Which section of the C.P.C. prohibits the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money ?
(a) Section 55
(b) Section 56
(c) Section 57
(d) Section 58

Ans. (b)

137. Under C.P.C. a decree may be executed by
(a) Tehsildar
(b) Collector
(c) District Judge
(d) the Court which passed it or by the Court to which it is sent for execution

Ans. (d)

138. Does the pendency of a civil suit in a foreign Court preclude the courts in India from trying a suit founded on the same cause of action ?
(a) Yes.
(b) No.
(c) Will depend on the nature of the suit.
(d) Will depend on the pecuniary valuation of the suit.

Ans. (b)

139. ‘Mesne profits’ has been defined in which of the following Sections of the C.P.C. ?
(a) Section 2(4)
(b) Section 2(8)
(c) Section 2(12)
(d) Section 2(14)

Ans. (c)


140. Which one of the following sections of the Code of Civil Procedure provides for the trial in open Courts where public may have access ?
(a) Section 153A
(b) Section 153B
(c) Section 153C
(d) Section 153D

Ans. (c)


DISCLAIMER: The answers provided here are for views purposes only. For any accuracy it should be double checked. Read More... 

Monday, May 12, 2014

Question Paper | UPHJS 2007 | Uttar Pradesh Higher Judicial Service Examination- 2007

Uttar Pradesh Higher Judicial Service Examination- 2007

Language

Q.1. Write an essay in English on any one of the following topics-
(a) The history of the world is but the biography of great men
(b) The Indo-U.S. Nuclear Agreement
(c) Alternate Dispute Resolution
(d) The Press is Fourth Pillar of Democracy but it has responsibilities too.

Q.2. Give précis of the following passage in English in about 150 words and also give a suitable title-
My uniform experience has convinced me that there is no other God than Truth. And if every page of these chapters does not proclaim to the reader that the only means for the realization of Truth is Ahimsa. I shall deem all my labour in writing these chapters to have been in vain. And, even though my efforts in this behalf may prove fruitless, let the readers know that the vehicle, not the great principle, is at fault. After all, however, sincere my strivings after Ahimsa may have been, they have still been imperfect and inadequate. The little fleeting glimpses, therefore, that I have been able to have of Truth can hardly convey an idea of the indescribable lusture of Truth, a million times more intense that that of the sun we daily see with our eyes.In fact that I have caught is only the faintest glimmer of that mighty effulgence. But this much I can say with assurance, as a result of all my experiments, that a perfect vision of Truth can only follow a complete realization of Ahimsa.

To see the universal and all pervading Spirit of Truth face to face one must be able to love the meanest of creation as oneself. And a man who aspires after that cannot afford to keep out of any field of life. That is why my devotion to Truth has drawn me into the field of politics; and I can say without the slightest hesitation, and yet in all humility, that those who say that religion has nothing to do with politics do not know that religion means.

Identification with everything that lives is impossible without self-purification; without self-purification the observance of these law of Ahimsa must remain an empty dream; God can never be realized by one who is not pure of heart. Self-purufication therefore must mean purification in all the walks of life. And purification being highly infectious, purification of oneself necessarily leads to the purification of one’s surroundings.

But the path of self-purification is hard and steep. To attain to perfect purity one has to become absolutely passion-free in thought, speech and action; to rise above the opposing currents of love and hatred, attachment and repulsion. I know that I have not in me as yet that triple purity, in spite of constant ceaseless striving for it. That is why the world’s praise fails to move me, indeed it very often stings me. To conquer the subtle passions seems to me to be harder far than the physical conquest of the world by the force of arms. Ever since my return ti India I have had experiences of the dormant passions lying hidden within me. The knowledge of them has made me feel humiliated though not defeated. The experiences and experiments have sustained me and given me great joy. But I know that I have still before me a difficult path to traverse. I must reduce myself to zero. So long as a man does not of his own free will put himself last among his fellow creatures, there is no salvation for him. Ahimsa is the farthest limit of humility.

Q.3. Translate the following passage into English :-
हमने दर्शित करने के लिए कि संविधान के बनाए जाने के पूर्व और उसके बनाए जाने के समय और बाद में उसके प्रवर्तन के दौरान अल्पसंख्यक वर्ग की संकल्पना किस प्रकार विकसित हुई भारत के इतिहास और उसके स्वाधीनता संग्राम का अवलोकन किया। इतिहास से हमें यह पता चलता है कि भारत में कुछ ऐसे धार्मिक समुदाय थे जिनको उनके धर्म संबंधी और सांस्क्रतिक अधिकारों की संरक्षा का पूर्ण आश्वासन दिया जाना अपेक्षित था। भारत ऐसे लोगों का देश है जिनके अनेक धर्म और भाषाएं हैं जो एक साथ रहकर एक राष्ट्र का निर्माण करते हैं। धर्म, संस्कति और रहन सहन की ऐसी विविधता विश्व के किसी भाग में नहीं पायी जाती है। जान स्टुआर्ट मिल ने भारत को 'सीमित क्षेत्र में बसा एक विश्व' बताया है। भारत एक छोटा विश्व है। संविधान के अनुच्छेद 25 से 30 के समूह में जैसे की भारत विभाजन की ऐतिहासिक पष्ठभूमि से पता चलता है, पहचान किए गए अल्पसंख्यक वर्गों को सुरक्षा की गारंटी देने और इस प्रकार देश की अखंडता को बनाए रखने की बात कही गई है। संविधान रचयिताओं ने धार्मिक अल्पसंख्यक वर्गों की सूची में जोड़े जाने की बात नहीं सोंची थी। संविधान और उसके सभी भागों से सभी के धार्मिक, सांस्कतिक और शिक्षा संबंधी अधिकारों के प्रति प्रतिबद्धता दर्शित होती है। अनुच्छेद 25 से 30 में सांस्कतिक और धर्म संबंधी स्वतंत्रताओं की बहुसंख्यक और अल्पसंख्यक, दोनों वर्गों को गारंटी दी गई है। लोकतांत्रिक समाज का, जिसने उसके मूल सिद्धांत के रूप में समानता के अधिकार को अंगीकार किया है, ध्येय बहुसंख्यक और अल्पसंख्यक तथा तथाकथित अगडे और पिछडे वर्गों को ख़त्म करने का होना चाहिए। संविधान में प्रत्येक भारतीय के लिए उसके धर्मं, भाषा, संस्कति या विश्वास पर विचार किए बिना एक समान नागरिकता को स्वीकार किया गया है। किसी व्यक्ति की नागरिकता के लिए केवल एक शर्त है कि उसका जन्म भारत में हुआ हो। हमें ऐसी प्रबुद्ध नागरिकता का विकास करना होगा जहां प्रत्येक नागरिक चाहे वह किसी भी धर्म का हो या उसकी कोई भी भाषा हो, अपने स्वयं के अधिकारों के लिए आग्रह करने कि अपेक्षा दूसरे समूह के अधिकारों की संरक्षा करने के अपने कर्तव्यों और उत्तरदायित्वों को अधिक महत्त्व दे। संविधानिका लक्ष्य ऐसी नागरिकता विकसित करने का है ताकि प्रत्येक व्यक्ति को धर्मं, विश्वास और पूजा करने की पूर्ण स्वतंत्रता प्राप्त हो और कोई भी व्यक्ति किसी अन्य व्यक्ति द्वारा, चाहे वह अल्पसंख्यक हो या बहुसंख्यक, उसके अधिकारों का अतिक्रमण किए जाने के प्रति आशंकित ना रहे। 

Q.4. Translate the following passage into Hindi :-
The reach of the media, in the present times of 24-hour channels, is to almost every nook and corner of the world. Further, large number of people believe as correct that which appears in media, print or electronic. It is also necessary to always bear in mind that the judiciary is the last resort of redressal for resolution of disputes between State and the subject, and high and low. The confidence of the people in the institution of judiciary is necessary to be preserved at any cost. That is its main asset. Loss of confidence in institution of judiciary would be end of rule of law. Therefore, any act which has such tendency deserves to be firmly curbed. For rule of law and orderly society, a free responsible press and independent judiciary are both indispensable. Both have to be, therefore, protected.

The judgements of courts are public documents and can be commented upon, analysed and criticized, but it has to be in dignified manner without attributing motives. Before placing before public, whether on print or electronic media, all concerned have to see whether any such criticism has crossed the limits as aforesaid and if it has, then resist every temptation to make it public. In every case, it would be no answer to plead that publication, publisher, editor or other concerned did not know or it was done in haste. Some mechanism may have to be devised to check the publication which has the tendency to undermine the institution of judiciary.  

Solved Paper | Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Exam 2013 | Uttarakhand PCS(J) Pre Exam 2013

Uttarakhand Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Part – II
LAW

Question Number: 121-130

121. Which one of the following Section of Cr. P.C. provides identification of arrested person ?
(a) Section 54
(b) Section 54A
(c) Section 55A
(d) Section 60A

Ans. (b)

122. Who of the following may order for maintenance of wives, children and parents under Cr. P.C. 1973 ?
(a) Only Executive Magistrate
(b) Judicial Magistrate 2nd Class
(c) Magistrate of the 1st Class
(d) All of the above

Ans. (c)

123. Consider the following statement and choose the correct answer with the help of code given below :
(i) Investigation is conducted by police officer
(ii) Magistrate cannot interfere in investigation
(iii) Investigation is a judicial proceeding
(iv) Investigation is not a judicial proceeding
Codes :
(a) (i) and (iv) are correct.
(b) (i), (ii) and (iv) are correct.
(c) (ii) and (iv) are correct.
(d) (ii), (iii) and (iv) are correct.

Ans. (b)

124. Under Cr. P.C. where two or more courts have taken cognizance of the same offence and question arises as to which of them ought to try that offence, the question shall be decided
(i) by the Supreme Court
(ii) if the Courts are subordinate to the same High Court by that High Court
(iii) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Chose the correct answer :
(a) Only (i) is correct.
(b) (ii) and (iii) are correct.
(c) (i), (ii) and (iii) all are correct.
(d) (i) and (iii) are correct.

Ans. (b)

125. A High Court under its inherent powers conferred under Section 482 of Cr. P.C. passes the following orders :
(i) It quashes the F.I.R.
(ii) It quashes proceeding of case pending before a criminal court.
(iii) It expunges the derogatory remarks against a member of subordinate court.
Having in view the validity of above order choose the correct answer given below :
(a) Only (i) is valid.
(b) (i) and (ii) are both valid.
(c) (i), (ii) and (iii) all are valid.
(d) (i) and (iii) are valid.

Ans. (c)

126. In which of the following cases it was held that a person has a right to protection under Section 161(2) of Cr. P.C. against questions, the answers of which would have a tendency to a criminal charge ?
(a) Nandini Satpathy V/s P.L. Dani
(b) Gian Singh V/s State
(c) Rupan Deol Bajaj V/s K.P.S. Gill
(d) R.K. Dalmia V/s Delhi Administration

Ans. (a)

127. Under which of the following sections of the Cr. P.C. the magistrate shall dismiss the complaint ?
(a) Section 202
(b) Section 201
(c) Section 203
(d) None of the above

Ans. (c)

128. Which one of the following Sections of the C.P.C. deals with institution of suits ?
(a) Section 29
(b) Section 13
(c) Section 27
(d) Section 26

Ans. (d)

129. Which one of the following is NOT a suit of civil nature ?
(a) Suit relating to rights of worship
(b) Suit involving purely religious rights
(c) Suit for rent
(d) Suit for rights to hereditary office

Ans. (b)

130. A residing in Dehradun, beats B in Lucknow. B may sue A under C.P.C :
(a) either in Lucknow or in Dehradun
(b) only in Lucknow
(c) only in Dehradun
(d) anywhere else

Ans. (a)


DISCLAIMER: The answers provided here are for views purposes only. For any accuracy it should be double checked. Read More... 

Saturday, May 10, 2014

Legal Assistant/ Law Clerk-cum-Research Assistant Recruitment 2014 in M.P. High Court

High Court of Madhya Pradesh, has notified the posts of Legal Assistant/ Law Clerk-cum-Research Assistants in the High Court of Madhya Pradesh, Bench at Indore.

Name of Post: Legal Assistant/ Law Clerk-cum-Research Assistant
Nature of Post: Contract Basis
Fixed Pay: Rs. 12,000 per month
Minimum Qualification: Law Graduate
Last Date for Application: 24/05/2014

For full details and list of candidates, visit the link below- 

Question Paper | UPHJS 2007 | Uttar Pradesh Higher Judicial Service Examination- 2007

Uttar Pradesh Higher Judicial Service Examination-2007

Law-III
(Penal, Revenue & Local Laws)

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. ?

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.

2(a). ‘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?

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

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?

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.

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?

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?

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.

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

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?

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(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 thereunder?

10(b). Whether the Gram Panchayat can levy any tax? Elaborate referring to the relevant provisions of the U.P. Panchayat Raj Act, 1947.

11(a). What is the consequence of issuance of notification under Section 4(2) of the U.P. Consolidation of Holdings Act, 1953?

11(b). What are the conditions which are required to be fulfilled in a Consolidation Scheme?

12(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?

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.