Thursday, May 08, 2014

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

Uttar Pradesh Higher Judicial Service Examination-2007

(Procedure & Evidence)

1(a). What do you understand by relevancy of fact and how will you distinguish or co-relate the relevancy of fact with the admissibility of evidence? Which fact can be relevant and inadmissible and vice versa. Give illustrations with particular reference to case law?

1(b). In a suit between A & B it is proved that B is in possession of a document, of which a certified copy is permitted to be given in evidence. A wants to prove the contents of the document against B. B, notwithstanding notice to produce it, fails to produce the document. A adduces oral evidence to prove the contents. Is the evidence admissible?

2(a). What are the privileged communications? A, a client says to B, a lawyer, “I wish to obtain the possession of the property by the use of this forged deed on which I request you to sue”. Is this communication protected from disclosure?

2(b). Jolly informed John in the year 1988 that she had committed theft of the ornaments of her neighbour. Thereafter, Jolly and John were married in 1989. In the year 1992, prosecution was started against Jolly in respect of the theft of ornaments. John is called to give evidence in this case. Can John disclose the communication made to him by Jolly?

3(a). Differentiate between the evidence given by an accomplice and a co-accused and decide the evidentiary value of each of them?

3(b). A and B are being jointly tried for the murder of C. A makes a confession in which he says that he along with B went to the room in which C was sleeping, that A stood at the door as he felt nervous and B went inside and shot C dead. How far can this confession be used against B?

4. Write short notes on any three of following: (i) Dying declaration (ii) Retracted Extra-judicial confession (iii) Expert evidence (iv) Evidentiary value of Sniffer Dog

5. Every offence shall ordinarily be enquired into and tried by a court within the local limits of whose jurisdiction it was committed. State the exception to this Rule by referring to provisions of Criminal Procedure Code and the decided cases?

6. What are the objects of recalling a witness under Section 311 of the Code of Criminal Procedure and when court should not exercise power of recalling a witness for cross examination?

7. What is Narco-analysis and what is the legal sanction behind it?

8. What is the distinction between the provisions of Section 340 and 344 of Cr.P.C. relating to the offence affecting the administration of justice?

9. Explain what is a counter claim with reference to Civil Procedure Code? Whether it can be filed at any stage of suit or appeal also? Can it be directed against a co-defendant?

10. What is time limit for filing a written statement by a defendant? Whether the time provided under Order VIII, Rule 1 of Civil Procedure Code can be extended by Court? Explain with reference to relevant case law?

11. What are the salient features of amendments made in the Civil Procedure Code by Amendment Act 46 of 1999 and Amendment Act 22 of 2002 in the following provisions: (a) Section 115, (b) Order VI, Rule 17 and (c) Order XII, Rule 2.

12(a). What the plaintiff is required to prove in an action for mallicious prosecution?

12(b). A files a criminal complaint against B that B, who is an editor of a reputed newspaper, has published an editorial in which allegations regarding A’s personal character including allegation of committing rape of his maid servant is made, he also appears before the Magistrate and gives his statement along with statements of two other persons supporting the complaint. The Magistrate, however, after examining the statements recorded and allegations of complaint, dismissed the same. Whether B can bring an action for malicious prosecution? If yes, is there any limitation prescribed for bringing such action?

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