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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