Tuesday, May 06, 2014

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

Uttar Pradesh Higher Judicial Service Examination-2007

(Substantive Law)

1(a). “Agency in law connotes an authority or capacity in one person to create legal relations between a person occupying the position of principal and third parties”. Critically discuss the concept of “agency”. Explain the duties of an agent to principal.

1(b). X, a wholesale cloth dealer, appoints Y as his agent for the sale of cloth on the basis of 5% commission on the sale made by him. Y had an agreement with his principal X that he could retain part of the some amount of goods to adjust the commission due to him. X terminates the agency of Y. Y refuses to hand over the cloth in his possession to X, and claims that he is vested with authority coupled with interest and that agency cannot be terminated. Decide.

2. “Jurisdiction of court to decide dispute arising out of contractual relation cannot be decided by an agreement between the parties”. Discuss.

3(a). Discuss the effect of non registration of a partnership firm, whether the effect of non registration of firm can be removed during pendency of the suit by getting the firm registered?

3(b). A,B,C and D are partners in a firm, which has not been registered. A is wrongfully expelled from the firm by the other partners. Can he successfully bring a suit against other partners for damages for wrongful expulsion and declaration that he continues to be a member of the firm? What remedies, if any, are open to A?

4. What is the “spes successionis” and whether it is transferable? A Hindu owning separate property died leaving widow B and brother C. Brother C has only a bare chance of succession in case he survived. Can C transfer this chance of succession? Answer with brief reasons.

5(a). What are ingredients of lease? What are the basic distinctions between lease and license?

5(b). A is owner of a house, which is in occupation of B. A gives a notice on 1st January, 2007 to B treating him as a tresspasser, asking him to vacate. Alternatively it is also mentioned that if B treats himself as a tenant then his tenancy is determined through the notice, which can be treated as given under Section 106 of the Transfer of Property Act and thirty days time from the date of receipt to vacate is also granted. Whether such a notice, is valid? If in the said notice only fifteen days time is given to vacate, what difference would it make when the suit is filed immediately after fifteen days or when the suit is filed after thirty days?

6(a). The jurisdiction to decree specific performance is discretionary. Mention the cases in which Court may properly exercise discretion not to decree specific performance. Answer referring relevant provisions of the Specific Relief Act, 1963.

6(b). A & B have adjoining plots. B is living in his plot after making construction. A start construction and opens one door and two windows towards the side of B. B protests as it amounts to disturbance in his right of privacy. A on the other hand, pleads that he is entitled to raise the construction on his plot in the manner he likes. B files a suit for mandatory injunction. How the suit should be decided?

7. “He how seeks equity must do equity”. Comment giving illustrations with reference to Specific Relief Act and Trust Act.

8. A Hindu male contracts a second marriage during the subsistence of first valid marriage. Two daughters are born from second marriage. A dies leaving behind him two widows W1 and W2. One son S from the first wife and two daughters D1 and D2 from the second wife. In what proportion these persons will succeed to the estate left by the deceased A?

9. Explain the power of Parliament to amend the Constitution of India? Refer to landmark decisions of the Supreme Court on the above subject.

10. Explain the constitutional requirements as to the manner in which contracts may be made in exercise of the executive power of the Union or the State in India?

11. “Doctrine of Pleasure in relation to Civil Servants has been largely watered down by the specific constitutional safeguards guaranteed by the Constitution”. Discuss in the light of the constitutional provisions and decided cases.

12(a). Explain the provisions relating to protection and improvement of environment in our Constitution with reference to important judgments of the Supreme Court on environmental issues?

12(b). Explain the nature, scope and extent of the liability of the polluter for environmental torts in the light of the “Polluter Pays Principle” as developed in recent Supreme Court decisions?   

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