Tuesday, May 20, 2014

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?

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