theoryofabrogation.

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UP – PCSJ
18 Years of Question
Paper for Main
Examination

( From 1982 – 2016)

theoryofabrogation.com

(Substantive Law)

1982
1. (a) Define a lease. Explain in detail the
distinction between a lease and a licence.

(b) X a licensee makes a permanent

construction on open land agreeing to
vacate the land in favour of the owner
whenever asked to do so.
Can he succeed in his plea that he cannot
be evicted under Section 60 of the
Easement Act?

2. (a) Under the Transfer of Property Act,

1882 conditions restraining alienation are
void. Explain in detail and point out the
exceptions to the rule.

(b) In a Mutation case after the death of the

husband, a compromise Was entered into
between the widow and husband's brother
that the widow would not make a transfer
of the land to any one excepting her
husband's brother and his heirs The
mutation was ordered without any
condition. The widow sold the' land to an
outsider. Can this condition be enforced
against the transferee?

3. 'An easement of necessity is a right which

an owner or occupier of land must of
necessity, exercise on, or over another's
land for enjoyment of its own.
Discuss the statement fully and distinguish
between easement of necessity and quasi-
easements. Illustrate your answer.

4. Can a Pardanashin lady enter into a

contract of transfer of property? Has the
transferee to prove any facts to uphold such
transaction in Court of Law?
5. Distinguish between any three of the
following-
(a) Void and Voidable marriage.
(b) Divorce and judicial separation.
(c) Easement and licence.
(d) Fraud and misrepresentation.

6. Explain three of the following maxims-

(a) Ubi jus, ibi remediun
(b) Res ipsa loquitur
(c) Actio personalis moritur cum persona
(d) Ex-pacto illicito non oritur actio.

7. What do you understand by a wagering

contract? What are its essentials? Can a
wagering contract be enforced in a Court of
Law? Is a partnership entered into to carry
on business of wagering contracts valid?-

8. (a) State the essential elements which are

necessary for the constitution of a
partnership. How would you distinguish a
partnership from joint Hindu family
business?

(b) What are the various modes of a

dissolution of a partnership firm?

9. What are the main points of difference

between an action for possession under
Section 6 ofthe Specific Relief Act and
action for recovery of possession based on
title?
10) (a) Detail the circumstances under
which specific performance of a contract
cannot be enforced.

(b) Can the following contracts be enforced-

(i) A contract to execute a mortgage
(ii) A contract to lend Rs. 2000/-
(iii) A contract to construct a building
(iv) A contract to translate book into
another language.

11. Distinguish between a contract of

indemnity and a contract of guarantee.
Illustrate your answer.
12. (a) What are the essential ingredients
which have to be proved in order to
succeed in a suit for damages for malicious
prosecution?

(b) Can a plaintiff recover damages for

malicious prosecution against a witness
who had appeared against him in the
criminal case?

1983
1. (a) Define an antecedent debt. Under
what circumstances can a joint family
property be alienated for discharging an
antecedent debt?

(b) 'A' a coparcener having incurred debts in

connection with a business commenced in
his individual capacity sold joint family
properties for inadequate consideration
and his brother coparcener 'B' only joined
him in executing the sale. Does the
transaction bind the nephews of A (who are
sons of B')? Is the transaction of sale void
even against the sons of 'A?
2. (a) Differentiate between a Hiba, Hiba-
bil-iwaz and Hiba bashartul-iwaz.

(b) A Muslim husband gifts his residential

house valued more than Rs..100/- in favour
of his wife in lieu of dower debt which was
more Than Rs. 100/- without a registered
instrument. Does the transaction Amount
to a Hiba or Hiba-bil-ewaz or neither of
them according to Muslim law? If it is
neither, is it valid?

3. (a). Discuss the authority of a Hindu

widow to adopt a son to her husband under
the Hindu law and the changes introduced
by Hindu Adoption and Maintenance Act of
1956.
(b) A Hindu widow adopted a son to her
husband in 1953. The widow was not
expressly authorised by her husband to
adopt. The consent of nearer agnates was
withheld for improper motive while the
consent of remoter agnates was obtained.
The adoption was challenged on the ground
that the motive for adoption was improper.
Is the adoption valid?

4. (a) What are the limitations on the

implied authority of a partner in a
partnership firm?
(b) What is the effect of non-registration of
a partnership firm and how does it affect
third parties?

5 "The foundation of Doctrine of Election' is

that no one can approbate and reprobate at
the same time." Discuss and illustrate your
answer.

6 Under what circumstances is a transfer by

an ostensible owner of

immovable property binding on the real

owner?
7 (a) What are the liabilities of a surety
under the Indian Contract Act? When is the
liability of a surety discharged?

(b) Do you agree with the proposition that a

surety is a favoured debtor?

8. Explain any three of the following

maxims-
(a) Damnum sine injuria.
(b) Injuria sine damnum.
(c) Caveat Emptor.
(d) Aequitas sequitur legem.

9. Write short notes on-

(a) Holding over.
b) Goodwill of a partnership firm.
(c) Transfers lis pendens.
d) Doctrine of cypres.

10. Distinguish between any three of the

following-
(a) Void and Voidable contracts.
(b) Lease and License.
(c) Indemnity and guarantee.
(d) Fraud and misrepresentation.
 1984
1. (a) Define a lease. How does a lease differ
from a licence and a TPA mortgage?

(b) In a case a person was permitted to

occupy premises for safety of the property
without payment of any money. It was not
established.
when the possession of that person
commenced and his exclusive possession
over the property was also not proved. Is
the transaction a lease or a licence?

(c) A tenant of property in whose favour

there was an agreement to sell made
constructions of permanent character upon
the property. In a suit for ejectment he
pleaded that he cannot be evicted under
Section 60 (b) of the Easement Act. Can he
succeed in his plea?

2(a) Explain the difference between a Void

and Voidable marriage under the Hindu
Marriage Act.

(b) Can a suit lie in the Civil Court for

obtaining a decree for annulment of a
Hindu marriage after the death of spouses?

3. Define a partnership and give the

essential elements of a partnership? How
does a partnership differ from joint
ownership?

4. What are the essential ingredients of a

tort of defamation? What is the place of
malice in a case of defamation?
What are the defences open to a defendant
in a suit for damages for defamation?

5. Describe the quasi-easements and

easement of necessity . How are they
acquired?

6. All properties can be transferred. Are

there any exceptions to this rule under the
Transfer of Property Act?
7. What are the essential element that have
to be established in order to succeed in a
suit for specific performance of the contract
of Sale? Can a suit for specific performance
be decreed against a subsequent transferee
of the property? If so, under what
circumstances?

8. A Hindu female after the promulgation of

Hindu Succession Act 1956 becomes the full
owner of the property inherited by her
possession. Are there any exceptions to this
rule?

9. Define an acknowledgment under the

Muslim Law. Is it similar to an adoption
under the Hindu Law?
10. Explain and illustrate the following-
(a) Joint tortfeasors and contribution
between them.
(b) Contributory negligence and its "last
opportunity" rule.

11. Explain any three of the following

maxims-
(a) Nemo dat quod non habet.
(b) Ex-pacto illicito nor oritur actio.
(c) Vigilantibus non dormientibus jura sub
venunt.
(d) Res ipsa loquitur.
12. Write short notes on any three of the
following-
(a) Estoppel
(b) Doctrine of part performance
(c) Rule against perpetuity
(d) Doctrine of frustration.
 1985
1. (a) "When an act is a tort, the defendant
must be held responsible for all
consequences of the act, whether he could
have reasonably anticipated them or not."
Comment.

(b) To what extent is a Muslim husband

bound to maintain his wife? Explain.

(c) What constitutes coparcenary property?

Explain.
 2. (a) Define constructive trust and explain
how far creation of it is recognised under
Indian Trusts Act.

(b) "The remedies for non-performance of

duties are either compensatory or specific".
Explain the statements briefly in the context
of specific reliefs available under the
Specific Relief Act.

(c) Explain with illustrations 'constructive

notice' under Transfer of Property Act.

3. Đefine proper dower, prompt dower and

deferred dower. Discuss the nature of the
nght of dower and explain when a widow
can retain possession of her husband's
property in lieu of dower,

4. Analyse meanings of "cruelty' and

'desertion' under the Hindu Marriage Act.

5. (a) How are heirs classified under Hanafi

Law and Shia Law in case of intestate
succession?

(b) What are the grounds of exclusion from

inheritance under the Hindu Succession
Act? Can a lunatie inherit property?

6. (a) Discuss the doctrine of

"consideration' under the Indian Contract
Act.
(b) A made a contract in the month of June
1985 with B for supplying a machine for
Twenty Thousand Rupees by December
1985. The Company which manufactured
such machines temporarily stopped. The
production in the month of November
1985, but the machine is available in black
market for Sixty Thousand Rupees. Can A
rescind
this contract? Explain.

7. (a) Define the principles of 'negligence

and 'strict liability'.
(b) Explain the importance of the case
Donoghue v. Stevenson in making extension
of the tort of negligence.
8. (a) Explain the effect of mistake,
misrepresentation and undue influence
respectively on the validity of an
agreement.

(b) A and B manufacture a cloth from an

artificial yarn made only by A in India. D also
starts manufacturing cloth from this
artificial yarn of C. With the object of
stopping such manufacture by D, a contract
is made by A and B with C under which they
will purchase all the artificial yarn made by
C during next five years. Can D sue A B and
C for any tort committed by them?
9. (a) What is right of redemption? Can this
right be validly curtailed under the Transfer
of Property Act?
(b) Discuss the legal rights of mortgagee
who makes improvements in the
mortgaged property.

10. (a) A transfers his property to B for

thirty years and the property which will
remain thereafter to the eldest son of C,
unborn at the time to transfer. Is the
transfer in favour of the said son of C legal?

(b) Write a note on the right of following

the trust fund.'
 1986
1. (a) Explain "free consent" according to
the Indian Contract Act.

(b) During his serious illness High court

employee Sri J.R. Bhatta who was working
under the Deputy Registrar proceeded on a
month's medical leave but could not
become fit and he applied for extending the
leave by 24 months9 days on medical
advice. The Deputy Registrar procrastinated
and then asked the plaintiff to give an
undertaking in writing that ne shall not join
his duty on the expiry of his leave. Thus
compelled the plaintiff gave the
undertaking and on that basis the plaintiff
was not allowed to join. The plaintiff
claimed declaration that he be treated on
duty as before since the undertaking was
against his wish. If he is enticed to any relief
then give reasons in support of your
answer.

2. Explain the doctrine of frustration or

impossibility citing three illustrations.

3. Write the contracts which cannot be

specifically enforced giving three
illustrations.

4. Equity will not suffer a wrong to be

without a remedy. Explain with illustrations.
 5. Have the changing times, terrorism,
unemployment, dearness, drinking , and
drug-addiction altered the very concept of
Hindu marriage? What is its form now? A
young person remains imperfect so long as
he does
not marry and he attains perfection only by
marrying. A maiden is always gifted even
when demand for money property, car,
motor cycle, scooter are made and if not
complied with then she is burnt. Do you
consider girls are married for selling or
burning them, or for adultery? What are the
conditions of a Hindu marriage?

Or
'Equal Rights to Women's Movement
gained momentum recently but the Indian
Parliament in 1955 granted the most
important right to Hindu women. The
concept of "permanent union" or "eternal
union" is only notional now. Under what
circumstances dissolution of marriage can
take place?

Or

What do you understand by "void" and

"voidable" marriages. Illustrate your
answer.

6. When the population swells in the

proportion of four times and times then
polygamy shall bring the population to a
monstrous form. There should be only one
son but he should be physically fit like a
lion. In Islam, monogamy is the general rule
while polygamy is only in exception.
Comment.

7.) Define 'tort' giving two illustrations and

distinguishing it from breach of contract.

or

Write down the essentials of 'negligence'

giving two illustrations.

8. Define easement giving three

illustrations.
Or

Write down the essentials of licence

distinguishing it from lease.

9. Define "immovable property", "attached

to the earth", "transfer of property".

10. Explain the meaning of vested interest',

'contingent interest' and "conditional
transfer'.
 1987
1. (a) "The distinction between 'void' and
illegal' agreements under Indian Contract
Act is clear and logical." Explain referring to
the provisions of the Act.

(b) It will not be just to hold a person

responsible for all kinds of consequences
resulting from a tort committed by him."
Explain referring to leading decided cases.

(c) Specify the status of a Hindu woman in

regard to her rights in Hindu joint family
properties at present.
2. (a) "Protection of the interest of
beneficiary is the prime concern of the law
of trust." Discuss.

(b) "Justice demands that puraon wrongly

dispossessed of property should recover it."
Explain how Specific Relief Act is operating
for this purpose.

(c) Examine the conditions for which a

Muslim woman 'prejudiced by marriage'
can get divorce from her husband.
Discuss the liabilities of joint tort-feasors
and explain if a right of mutual contribution
or indemnity is available to them. Refer to
the difference between English and Indian
law on the subject, if any.
4. (a) Explain clearly the essential elements
of 'wagering contract.' How is it different
from speculative transactions? Explain with
illustrations. Are both of these valid under
the Law of Contract?

(b) The workers of a factory go on strike.

The manager of the factory announced that
additional payments will be made to such
workers who will continue to work during
strike period. When the strike ended, the
manager refused to make additional
payments to such workers.
If there are any remedies for such workers
in the Indian Contract Act, state them
clearly.
5. (a) Discuss the status of a son adopted by
a Hindu widow after the enactment of 1956
Act, particularly with reference to ancestral
properties of the deceased husband of the
widow,

(b) Examine the scope of the benefits

conferred on Hindu woman by Section 14 of
the Hindu Succession Act. Refer to decided
cases.

6. (a) Discuss the position of residuary

(asabat) in Hanafi and Shia laws of Muslim
inheritance.
(b) "Where there is no gift but only a
direction to transfer from and after a given
event, the vesting will be postponed till
after that event has happened." Are there
any exceptions to this rule? Explain.

7. (a) Critically examine the relation of

partners with third parties. Can a firm be
liable for wrongful acts of a partner? Refer
to decided cases.

(b) Determine the scope of implied

authority of a partner.
A partner of a firm of solicitors borrows
rupees five thousand in the name of the
firm. Will it be a valid act within his implied
authority?
8. (a) What do you understand by
obligations in the nature of a trust?
Examine those different methods by which
an obligation in the nature of a trust may be
created.

(b) 'S' bequeaths whole of his property to

his wife by Will expressing his faith that
when she will not require this property she
will distribute the property among their
children. Has a valid trust been created by
the Will?

9. (a) S mortgages two properties K and KH

to A. Subsequently, S again mortgages the
property K to D. In enforcement of his
mortgage D brings the property K to sale
and purchase it himself. Discuss the rights
of A to realise his money from properties K
and KH.

(b) Analyse briefly the law relating to

fraudulent transfers.

10. Discuss the doctrines of part-

performance and equitable estoppel and
distinguish between them.

1988

1. The defendant Ram Charan Ram Gopal

entered into 5 contracts with the plaintiff
under which it undertook to supply to the
plaintiff bales of specified cloth
manufactured by the New Victoria Mills
Kanpur and Raza Textile Mills Kanpur as
soon as prepared by the Mills. There was no
clause in the agreements that the supply
would depend on the delivery of the goods
from the Mills. When the remaining bales
were not supplied, the plaintiff gave notice
but the defendant failed to reply and did
not even supply the goods. The main plea in
the suit was that the goods were not
delivered by the Mills and the performance
of the contract was not possible due to
circumstances beyond its control.

(a) Write down your decision giving

reasons.
(b) Explain 'the doctrine of frustration'
according to the Contract Act giving two
proper illustrations.

2. Define the terms "bailment", "bailor"

and "bailee" giving illustrations. What is the
kind of care expected from the bailee
according to Section 151 of the Contract
Act?

3. "He who seeks equity must do equity".

Comment giving illustrations with reference
to the Contract Act, Specific Relief Act,
Transfer of Property Act and Trust Act.

4. (a) What is customary easement? It is

easier to assert but difficult to prove the
same. Write down the main ingredients to
establish such an easement.

(b) Distinguish between easement of

necessity and quasi-easements.

5. Let a damsel wait for 3 years from the

appearance of her first menstruation and
after that time let her choose for herself
and marry a husband equal to herself in
qualifications, i.e., suitable to her"
(ManuSmriti). The Indian Society and our
Parliament in order to prevent early
marriages, infantile mortality and weaklings
from premature death, prescribed the age
for the bride and the boy. Give the age
prescribed for marriage under the Hindu
Marriage Act and the other changes
affected by the Hindu Marriage Act.

6. The real brothers Hukum Singh and

Sukhram and Sukhram's son Chhidda
constituted a joint Hindu family governed
by the Banaras school of Mitakshara law
under which a coparcener without
obtaining the consent of the other
coparceners was not competent to sell his
undivided shares for his own benefit.
Hukum Singh died in the year 1952 and his
widow Shrimati Kishan Devi on 15.11.1956
sold 1/2 share in the family house and shop
to Gauri Shanker, Sukhram and Chhidda
filed a suit which was contested up to the
Supreme Court of India
(Appeal No. 21 of 1965).
(a) Whether the Sale Deed is liable to be
cancelled?
(b) Whether the Hindu widow's right in the
property of the joint Hindu.

family became larger than her deceased

husband?

(c) Whether Kishan Devi continued to have

only a limited interest?

(d) Whether the Hindu widow Kishan Devi

had already become absolute owner?
7. The plaintiff Allahdad Khan failed to
establish his paternity from Mr. Ghulam
Ghaus Khan though it was his alternative
assertion that Mr. Ghulam Ghaus Khan used
to call him his son and treat him as such and
the Full Bench of the Allahabad High Court
in 1888 propounded the rule of the
acknowledgment of legitimacy. Throw light
on the conditions of valid acknowledgment.

Or

"Marriage (in Islam) is not regarded as a

mere civil contract, but a religious
sacrament (too)"--Mr. Justice Shah
Sulaiman. Learned Abdur Rahim has also
thrown light and now please comment
giving the legal effects of a valid marriage.
8. Two brothers Lalmani and Kailashmani
constituted a partnership in which
Kailashmani alone used to do work, execute
contracts and transact loans and he
borrowed money on pronote from Gopal
Sah.-(a) whether decree can also be passed
in the suit based on the pronote against
Lalmani also because pronote money was
utilised in the partnership, (b) state those
acts of a partner which bind the firm.

9. (a) Explain the rule of nemo dat quod non

habet: no pcrson can convey a better title
than he himself has in the property and
discuss the various exceptions to the rule
adding illustrations.
(b) B buys from A, a carpenter, a table for
Rs. 200 and pays the amount. He informs A
that he will take it after ten days. A
thereafter sells the table to C who received
the same in good faith and pays for the.
Same without having any knowledge of the
previous sale to B. B files a suit against A
and C. Decide.

10. Explain and illustrate any three of the

following-

a Joint tortfeasors and contributions

between them
b. Estoppel
c. Profit a prendre
d. Partnership at will
e. Doctrine of cy-pres
 1991
1.(a) Examine the concept of 'desertion'
under the matrimonial law of Hindus and
refer to decided cases. Can a husband
compel his wife to resign her job and stay
with him? Does her refusal to do so amount
to desertion?

(b) With the help of decided cases discuss

the concepts of cruelty and impotency.
What remedies can a Hindu wife under
Hindu Marriage Act, 1955 and Muslim wife
under Dissolution of Muslim Marriages Act,
1939 claim against the husband on the
above grounds?
2. (a) Under Mitakshara school there is
recognised twin mode of devolution of
property by survivorship and inheritance
while under the Dayabhaga school one
mode of devolution of properties is
recognised. Discuss what is the position of
the joint family property in the hands of a
sole surviving coparcener?

(b) "Partition is made only once...." Manu.

Discuss.

3. (a ) What are the principal disabilities

of a trustee? How much is the subject
to the principle of delegatus non potest
deregare? Discuss.
(b) What are the rights of a beneficiary?
What remedies are available to him in the
event of a breach of trust?

4. (a) What is the meaning of right of

redemption? Who can exercise this right?
Can the right be curtailed by an agreement
between the parties? Discuss.

(b) Though the Transfer of Property Act

deals with transfer inter vivos yet an
interest may be created in favour of an
unborn person." Discuss.

5. (a) What principles have been

incorporated in the Indian Contract Act for
determining the amount of damages to be
awarded in the event of breach of contract?
Discuss in the light of decided cases.

(b) Explain the doctrine of remoteness of

damage in the Law of Torts. In this context,
discuss the tests of reasonable foresight
and directness and state as to which
principle is more practical and just?

6. Explain the meaning of equitable and

legal interests and also bring out the
distinction between these types of
interests. In this context discuss the maxim
that where equities are equal, the law shall
prevail. Illustrate your answer with the help
of the provisions of the Transfer of Property
Act.
7. (a) Explain the concept of Hiba in
Muslim law. What are its essential
conditions? In what circumstances can the
requirement of transfer of possession be
dispensed with?

(b) What is limited estate? Does Muslim law

recognise the transfer of limited estate?
Refer to decided cases.

8. (a) Discuss the rule of liability for

dangerous chattels as laid down in
Donoghue v. Stevenson 1932 A.C. 542. How
has this rule been developed in subsequent
cases?
(b) A and B are neighbours in a town. B's
father C lives in the village along with his
second son D. A runs a small manufacturing
business in a portion of his compound. This
creates noise. Since B had become
accustomed to it, he never objected. C fell
ill and came to the town for treatment. He
stayed with his son B. He found the noise
unbearable and brought a suit against A.
Decide giving reasons.

9. (a) A contract is a private relationship

between the parties who make it, and no
other person can acquire rights or incur
liabilities under it? Explain.

(b) On April 10, 1990, A offered to B to sell

his car for sixty thousand rupees. B was
asked to signify his acceptance by April 18,
1990. On April 12, 1990 A sold his car to C
for seventy thousand rupees. This he did
without revoking his offer to B. However, B
came to know of this fact through other
sources on April 14, 1990. Still he signified
his acceptance of the offer on April 16,
1990. Has this resulted into a binding
agreement between A and B?

9. Write short notes on any three of the

following-
(a) Doctrine of promissory estoppel
(b) Doctrine of fundamental breach
(c) Implied Authority of a partner
(d) Rights and liabilities of a minor admitted
to the benefits of a partnership
(e) Prescriptive easements
(f) Distinction between an easement and a
licence.
 1992

1. (a) What is partition and how does it

differ in Dayabhaga and Mitakshara
Schools? Name some properties which are
incapable of division.

(b) Write a note on notional partition.

A joint Mitakshara family consists of M and
his two sons, N, , O and a son NS and a
daughter ND of N. N dies. Divide the
property of N.

2. (a) Define the nature of Hindu marriage

under Hindu law. What are the
characteristics of sacramental marriage
among Hindus? How far these have been
affected by the Hindu Marriage Act, 1955?

(b) G was granted divorce by the Court

against J. G got remarried before the expiry
of the period of appeal. J filed an appeal
against divorce and it has been granted.
Discuss the legality of the second marriage
of G. Will it make any difference, if the
appeal is dismissed?

3. (a) Define mortgage and distinguish

between simple, usufructuary, conditional
and English mortgages.
(b) Explain the maxim redeem up, foreclose
down.

4. (a) Discuss fully the rule in Rylands v.

Fletcher and point out its defences. Does
this rule suffer to cover cases like the
Bhopal Gas Disaster?

(b) Define consideration and state the

circumstances in which an agreement made
without consideration is valid. Explain with
an illustration.

5. (a) Define Will (wasiyyat) and discuss its

essential characteristics, What restrictions
have been imposed on Muslim bequests?
(b) A, a Muslim dies leaving a son B, a
widow C, and a grandson D by a
predeceased son. A by his will, bequeathed
1/3 of the estate to D. B and C do not
consent to the bequest in favour of D. Is this
bequest valid?

6. The Judicature Acts brought about a

fusion of administration rather than of
principles of law and equity. Explain. What
is the position of equity in India?

7. (a) Explain the rights of a beneficiary

under the Indian Trusts Act, 1882.

(b) Certain Government securities are given

to trustees upon trust to accumulate the
interest until A attains the age of 26, and
then transfer the gross amount to him. A
wants the transfer of the interest. When
can A get this transfer from the trustees?

8. (a) Knowledge of risk does not

necessarily imply assent. The maxim is
Volenti non fit injuria' it is not 'Scienti non
fit injuria'. Discuss with the help of case law.

(b) A and ten others jointly participate in

the commission of a tort against X. X wishes
to sue A severally for the loss. Can X do so?
Can he also sue all the ten persons and A
jointly?
9. (a) All contracts are agreements, but all
agreements are not contracts. What
conditions have been laid down in the
Indian Contract Act for an agreement to
become a contract?

(b) A owes Rs. 2,000 to B but the debt is

barred by Limitation Act. A signs a written
promise to pay B Rs. 1,000 on account of
debt. Is it a valid contract? Refer to relevant
provision of the Contract Act.

10. Write notes on any three of the

following-

(a) He who seeks equity must do equity.

(b) Contract of bailment and pledge.
(c) Mandatory Injunctions.
(d) Revocation of a trust.
(e) Prompt and deferred dower.
(f) Doctrine of holding out
 1997

1. (a) Is it correct to say that "the marriage

has not remained a sacramental marriage
and has also not become contract under the
Hindu Marriage Act, 1965".

(b) Examine the validity of the following

Hindu Marriages-
(i) Marriage of a boy of 17 years with a
girl of 15 years
(ii) "A" marries "B", the widow of his elder
brother.
2. Write short notes on any four of the
following-
(a) All contracts are agreements but all
agreements are not contracts.
(b) Can a minor become a partner in a firm?
(c) Distinction between licence and lease.
(d) Easement of necessity and quasi
easements,
(e) Pious obligation.
(f) Khyar-ul-bulloogh (option of puberty).
(g) Proposal and invitation to proposal.
(h) Vested interest and contingent interest.

3. (a) What are the essential conditions for

the application of the rule of 'strict liability?
(b) What grounds can be taken as defence
in a suit for "strict liability?

4. (a) What are the requisites of valid

adoption and who are the persons capable
of giving in adoption?

(b) Discuss the validity of following

adoption-
(i) An unmarried Hindu girl aged 25 years
adopted a girl of 6 years.
(ii) 'A' is given in adoption by his step-
mother.
(iii) A boy of 19 years adopted by a widow
aged 38 years
5. (a) Narrate the importance and function
of dower' in Muslim law.

(b) Discuss the rights and liabilities of

Muslim widow who is in possession of her
deceased husband's property in lieu of her
unpaid dower.

6. (a) What do you mean by

"Consideration? Is an agreement made
without consideration valid?

(b) With a view to get rid of each other's

quarrelling nature, both husband and wife
entered into an agreement in which wife
agrees to live separate from her husband
permanently and husband agrees to pay her
a monthly maintenance allowance of Rs.
500/-. After six months husband refuses to
pay the allowance. Can wife enforce the
agreement against her husband in the Court
of law? Decide.

7. Distinguish between the following-

(a) Libel and slander
(b) Public nuisance and private nuisance.

8.Discuss the following statements and

refer to relevant statutory provisions and
decisions-

(a) Once a mortgage, always a mortgage

and nothing but a mortgage.
(b) Redeem up, foreclose down.

9. Explain any three of the following

maxims-
(a) He who seeks equity, must do equity.
(b) Equality is equity.
(c) Equity follows the law.
(d) Doctrine of election.
(e) Delay defeats equity.

10. (a) Define 'trust. Discuss the provisions

regarding the creation of trust.

(b) What do you understand by beneficiary?

 1999
1. (a) "Once a partition made, ance is a
damsel given in marriage.
Once does a man say I give these' are by
good-men done once for all." (Manu)
Explain.

(b) "Life estate is unknown to Muslim law as

administered in India, but life interest can
be created." Discuss.

2. (a) "Initial impossibility renders an

agreement void and
subsequent impossibility renders a contract
void." Discuss with reference to the
provisions of Indian Contract Act 1872.

(b) What are the effects of non-registration

of a firm? Can a partner of unregistered
firm sue for the realisation of property and
decided cases on its dissolution?

3. (a) What do you understand by felog on

redemption? Answer with illustrations.
Does taking collateral benefit amount to
clog on redemption? Examine the Indian
position.

(b) "Equity will not suffer a wrong to be

without remedy." Discuss
4. (a) "The foundation of Doctrine of
Election is that no one can approbate and
reprobate at the same time." Discuss with
illustration.

(b) "Payment received by mistake must be

refunded." Discuss with reference to
decided cases.

5. (a) "Justice demands that a person

wrongfully dispossessed of 127 property
shall recover it." Explain how is the Specific
Relief Act, 1963 operating for this purpose.

(b) How far creation of "Constructive Trust"

is recognized under Indian Trust Act?
6. Answer any three-
(a) A has taken abode in a vacant house in
which he has no title, B forcibly
dispossesses him. Can A sue B for trespass?

(b) "Intention to defame is an essential

ingredient of tort of defamation." Discuss.
(C) How does easementary rights come to
an end? Can they be revoked? If so how?
Discuss.
(d) How far lack of care is a relevant factor
in determining liability under an action of
nuisance?

7. (a) A despatches the letter of acceptance

to B which B does not receive. When A sues
B for enforcement of contract, B contends
that there is no contract with A. Decide.

(b) Is plaintiff entitled to damages for

mental distress and social stigma caused
due to breach of contract?

(c) A gives a lakh of rupees to B, reserving to

himself, with B's consent, the right to take
back at pleasure Rs. 10,000 out of the lakh.
Is such transfer valid?

8. (a) What are the consequences if (i)

consent could not be obtained 137 due to
mistake, and (ii) consent if obtained by
mistake?
(b) Define "partnership at will". State rules
of its dissolution. Can such partnership be
dissolved by the order of the Court?"

9. Discuss any three-

(a) Maintenance of wife in Hindu law.
(b) Maintenance of divorced wife in Muslim
law.
(c) Distinction between contract of
indemnity and contract of guarantee.
(d) Principles and rules granting temporary
injunction.
(e) Extinction and revocation of trust.

10. Discuss any three with reference to

Indian law–
(a) Where there is equal equity, the law
shall prevail.
(b) Where the equities are equal, the first in
time shall prevail
(c) Equity imputes an intention to fulfil
obligation.
(d) Equity look on that as done which ought
to have been done.
 2000
1. (a) "Women must be honoured and
adorned by their fathers , brothers,
husbands and brothers-in-law, who desire
their own welfare. Where women are
honoured, there the Gods are pleased; but
where they are not honoured, no sacred
rite yields reward. The husband receives his
wife from the Gods; he must always
support her while she is faithful." (Manu)
How far this concept exists in the Hindu
Marriage Act, 1955.

(b) 'A' and 'B' are two brothers constituting

a Joint Hindu Family. Before coming into
operation of the Hindu Succession Act,
1956, 'A' brings a suit for partition, but dies
during the pendency of the suit. His widow
claims to be substituted for her husband
and thus to continue the suit. Her claim is
resisted by 'B' on the ground that the
interest of'A' has passed to him by
survivorship. Decide.

2. (a) "Sharing of profits is not conclusive

evidence of partnership" Comment.

(b) Who are the persons capable of getting

relief under the Specific Relief Act, 1963?

(c) 'A' promises to obtain employment for

'B' in the public service, and 'B' promises to
pay Rs. 10,000/- to 'A'. Examine the legality
of these agreements.

(d) What is the law of maintenance in

respect of a Muslim wife?

3. (a) What is the foundation of vicarious

liability under the Law of Tort? Which are
the special relationships by which this
liability is incurred?

(b) "Easement is a right to the limited use of

land without
possession." Explain this statement.
4. (a) How does a contract differ from
quasi-contract? Enumerate the different
kinds of quasi-contracts provided in the
Indian Contract Act, 1872.

(b) Define a contract of indemnity. How

does a contract of indemnity differ from a
contract of guarantee?

5. (a) State definition, essentials and nature

of Muslim marriage. What is option of
puberty?

(b) Distinguish between coparcenary and

Joint Hindu Family.
6. (a) What do you understand by
'ostensible owner"? Under what
circumstances a transfer of immovable
property by an ostensible owner is binding
on the real owner?

(b) Explain the rule against perpetuity.

7. Explain with illustration the following

maxims-
(a) Equity acts on conscience.

(b) Equity is not opposed to law rather it

supplements Jaw
8. (a) Bring out distinction with illustration
in any two of the following-
(i) Public and private trust
(ii) Implied and constructive trust
(iii) Executed and executory trust

(b) The relationship of partnership arises

from contract and not from status.' Explain.

9. (a) How and when a right of easement is

extinguished and when does it revive?

(b) Explain the doctrine of frustration of

contract.
10. Solve any three of the following
problems–

(a) 'B' contracts with 'C' to pay him Rs. 500/-

on a given day and if he fails to pay him
then he will pay Rs. 1,000/- to 'C'. 'B’ failed
to pay on that day. Can 'C' recover Rs.
1,000/ from 'B’.

(b) 'A’ C' and 'D' enter into an agreement

for division of gains acquired or to be
acquired by them by fraud. A acquired gains
by fraud and did not give any share to ʻC
and 'D’. Can 'C' and D’ file a suit against 'A'
for division of the gains?
(c) 'A' brings his horse and 'B’ his tonga and
they ply it and distribute the proceeds every
evening. Are they partners?

(d) 'A' restrains 'B' in a house without any

legal justification. Discuss the liability of 'A’.

(e) 'A' abuses 'B' in a lonely room. State the

liability of 'A'.
 2003
1. (a) "A declaration of Fundamental Rights
is meaningless unless there is an effective
Judicial remedy for their enforcement."
Comment. What are the Judicial remedies
which the Constitution provides? Explain.

(b) "The Indian Constitution is federal in

form but unitary in substance." Comment.

(c) "Arbitrariness and equality are sworn

enemies.' Explain.

(d) Discuss the powers of President to

consult Supreme Court under Article 143 of
the Constitution. Whether the Supreme
Court can decline to answer a reference?
Explain.

2. (a) What is the rule against

accumulation? What are exceptions of the
rule against accumulation? Discuss.

(b) Explain the difference between a void

and voidable marriage under the Hindu
Marriage Act.

(c) Explain with illustrations "Anticipatory

breach of contract. What is the measure of
damages in eases of such breach?
3. (a) "In both motion is necessary but
while the application of unlawful force to
another constitutes the wrong called
battery an action which puts another in
instant fear of unlawful force, though no
force be actually applied is the wrong called
assault." Discuss and state the defences to
an action for assault and battery.

(b) What is malicious prosecution and false

imprisonment? What are the remedies
against malicious prosecution and what are
the exceptions to it?

4. (a) State briefly the origin and growth of

Equity in England.
(b) What is temporary Injunction? When
should a temporary Injunction be issued?
Discuss.

5 . (a) Define a Licence. When can a licence

be transferred? When is the licence not
revocable?

(b) Can an 'easement of necessity' be

extinguished by unity of ownership? If so,
can it be revived in any case?

6. (a) "Strangers to a contract can not sue."

Discuss and point out the exceptions to the
rule.
(b) What is a Lease? How is it determined
under the Transfer of Property Act? Explain.

7. (a) What are the effects of non-

registration of a firm? Can a partner of
unregistered firm sue for the realisation of
property on its dissolution?

(b) Write short notes on the following-

(a) Equity follows the law.
(b) Equity look on that as done which ought
to have been done.
(c) Where equities are equal the law shall
prevail.
8. (a) Define "Trust'. Discuss the provisions
regarding the creation of trust

(b) What remedies does Specific Relief Act

provide with regard to the recovery of the
possession of immovable property to a
person dispossessed of it?

9. (a) What are the requisites of valid

adoption anu who are the persons capable
of giving in adoption?

(b) "Life estate is unknown to Muslim Law

as administered in India, but life interest
can be created." Discuss.
10. Solve any three of the following
problems-

(a) X was a lodger in the house of Y. While

going out on some business, X left fire
burning in the grate of the fire place. During
his absence, the fire some how spread and
damaged the house. Y brings an action
against X. Would Y succeed?

(b) A gives a field to B, reserving to himself

with B's assent the right to take back the
field in case Band his descendants die
before A. B dies without descendants in A's
life time. Can A take back the field?
(c) 'A' promises to drop a prosecution,
which he has instituted against 'B' for
robbery and 'B' promises to restore the
value of the thing taken. Is the agreement
valid?

(d) Being fed-up with each other's

quarrelling nature, both husband and wife
entered into an agreement in which wife
agrees to live separately from her husband
permanently and husband agrees to pay her
a monthly maintenance allowance of Rs.
1,000/-. After six months husband refuses
to pay the allowance. Can wife enforce the
agreement against her husband in a court
of law?
 2006
1. (a) "Fundamental Duties do not destroy
Fundamental Right but balance them".
Examine the above statement by citing
judicial pronouncements.

(b) How far judicial decisions interpreting

constitutional provisions relating to
appointment and transfer of judges have
affected established principles of
constitutional law?

(c) "Secularism is many a time mistaken as

non-religious."
(d) "Right to privacy is now fully recognised
as a Fundamental Right in India." Explain.

2. (a) Distinguish between "contract of

indemnity" and "contract of Guarantee". Is
contract of Insurance a contract of
indemnity?

(b) Examine the circumstances under which

a firm may be dissolved on just and
equitable ground.

3. Section 53-A of the Transfer of Property

Act does not confer "title". It enables a
person without title to defend his
"possession". Do you agree with the above
statement? Give reasons for your answers
with the help of decided cases.

4-A. Explain the following:

(a) He who comes to equity must come with
clean hands.
(b) Equity imputes an intention to fulfil
obligation.
(c) Equity had come not to destroy law but
to fulfil it.

4-B. (a) Describe the disabilities of a trustee

as given under the "Indian Trust Act"
(b) What do you understand from a "Breach
of Trust"? Describe the remedies available
to the beneficiary in case of breach of trust.
5. (a) Briefly discuss the law of intestate
succession to the property of a deceased
Hindu.

(b) 'A' a Hindu died in 1948 leaving behind

his wife 'W', who took her husband's
properties as a limited owner. In 1954 "W"
made a gift of some lands to her niece 'B'.
'C', a collateral of and persuasive
reversionary sued for a declaration that the
gift to B is not binding on him. In 1938, 'W'
adopted B's son 'F' Later in the same year W
died. C sued for possession of Land.

Decide the case with the help of the

decided cases.
(a) Discuss in detail the Islamic procedure of
divorce' and its development in India with
the help of decided cases. Discuss with the
help of decided cases the validity of 'Triple
Divorce' under Muslim Law Do you agree
that Triple Divorce' has no place in Sharia.
Give reasons

(b) 'K' a Muslim dies leaving a son 'B', a

widow 'X' and a grandson 'Y' by a pre-
deceased son

'K' by his will bequeathed 1/3 of the estate

to 'B' and Y. X dues not consent to the
bequest in favour of "Y". Is this bequest
valid?
(a) Briefly discuss the provisions relating to
rectification of instruments and rescission
of contract in the light of Specific Relief Act,
1963

(b)Define "Easement" Distinguish it with

'profit a render Explain with Illustration.

(a) "The distinction between sovereign and

non-sovereign functions or Governmental
and non-governmental functions no longer
invoked to determine the liability of the
State." Do you agree with this view?
Comment with the help of decided cases.
(b) "Subject to certain exceptions, an
agreement without consideration is 'nudum
pactum' and is also void." Discuss.

9. (a) Define gift. What are the essentials of

a valid gift? When can a gift be suspended
or revoked? Discuss with the help of
decided cases.

(b) Discuss the utility of the anti-defection

law in the backdrop of recent development
in India.

10. Solve the following problem:

(a) 'A' is working with a hatchet. The head
of the hatchet flies off and kills a man
standing nearby. Decide A's liability if any.

(b) A partner of firm of solicitors borrows

Rs. 500 in the name of the firm. Examine
the liability of the firm in the light of the
implied authority of the partners.

(c) B' offered to sell his house to 'A' for Rs.

1,00,000. 'A' replied that he is ready to
purchase the house for Rs. 90,000 to which
'B' refused. Then 'A' agreed to purchase the
house for Rs. 1,00,000. Is B' bound to sell
his house?
 2012

1. (a) Explain the rule of severability with

reference to clauses (1) and (2) of Article 13
of the Constitution.
Eight sections of Bombay Prohibition Act,
1949 are declared ultra vires on the ground
that they infringed the Fundamental Rights
of citizens Can the rest of the Act survive.

(b) "Article 14 of the Constitution of India

forbids class legislation, but does not forbid
classification." Explain.
(c) Write a critical note on Maneka Gandhi
v. Union of India, AIR 1978 SC 597 case.

(d) Discuss the scope of the President and

of the Governor under pass Articles 72 and
161 respectively relating to grant of
pardons, etc., and to suspend, remit or
commute sentences ir certain cases.

2. (a) Discuss in brief, various grounds on

which a decree of divorce may be granted
under the Hindu Marriage Act, 1955.
"A" files a petition for divorce on the
ground that he cannot move in society with
his wife who had been gang raped and it is
a kind of cruelty on him. Decide.
(b) An agreement without consideration is
void' explain. What are the exceptions to
this rule?

(c) Write a note on the right of redemption

of mortgagor. Can he exercise this right
before the expiry of the term of mortgage?
Refer to case law.

3. (a) Explain the rule against perpetuity.

Are there any exceptions to this rule?
Discuss.

(b) "M" a member of a housing aociety

purchases a plot and later on sells it to "D",
a non-member. Under the bye-laws of the
society, such transfer is not permitted. "M"
claims that the bye- laws of the society
infringes Section 10 of the Transfer of
Property Act. Decide.

4. (a) Explain the term 'trust and point out

the distinction between executory trust and
executed trust. Also discuss the method of
creation of a trust.

(b) Point out if a trust is created in the

following cases:
(i) "A" wills some property to "B" with the
hope that the property will always be
retained in the family.
(ii) "A by will gives some property to "B"
with full confidence that he will dispose it of
for the benefit of "C".
5. (a) Discuss the rights and liabilities of
partners of a partnership firm. Can a minor
become a partner? Discuss his liabilities

(b) What are the rights of a beneficiary as

given in the Indian Trust Act? Discuss in
detail

6. (a) Discuss the nature and character of

preventive relief granted under the Specific
Relief Act, 1963.

(b) Define easement and point out its main

characterised.
7. (a) Critically discuss the rule laid down in
the case of Hadley v. Baxendale.

(b) Discuss the ingredients of the tort of

defamation. What defences are available in
an action for defamation? Discuss.

8. (a) Discuss the grounds on which a

Muslim wife can seek a dissolution on her
marriage.

(b) Who are the natural guardians of a

minor under the Hindu Minority and
Guardianship Act, 1956 and what are their
powers? Can the mother of a minor become
first or equal guardian when the father is
alive? Explain.
9. (a) Discuss fully the rule of strict liability
laid down in Rylands v. Fletcher. Has this
rule been modified in India? Discuss.

(b) "M" barely six months after birth, lost

his father. When he was five years, his
mother remarried. The grandfather of "M"
moved an application for guardianship of
the minor "M" under the Guardians and
Wards Act, 1890 It was claimed that second
marriage of the mother disentitled her to
M's custody . Decide.

10. (a) “M" is unmarried daughter of "X"

and is of 27 years of age. She claims
maintenance from her father as she is not
able to maintain herself. Is she entitled to
maintenance under the Hindu Adoption and
Maintenance Act, 1956?

(b) “A" is mother of a minor Muslim "B".

She sells "B's" immovable property for his
necessities and benefit. “A" is de facto
guardian of “B". Discuss the validity of the
sale.

(c) "B" climbed over “C's" wall in pursuit of

a fowl. While in “C's" garden, an injury was
caused to him by a spring-gun set by "C"
without any notice. “B" files a suit for
damages. Decide.
(d) "M" entered into an agreement with “B"
and engaged him for the purpose of
performing puja and offering prayers to
Lord Shiva for "M's" success in a suit and
promised to pay Rs. 10,000 to “B" in the
event of success. The suit ended into
compromise under which “M" obtained a
substantial sum much beyond his
expectations. "M" refuses to pay Rs. 10,000
to "B". “B" files a suit against "M". Decide.
 2013
1. (a) What do you understand by Judicial
Review? What is the effect of Article 13 on
Pre-constitutional laws and Post-
constitutional laws? Explain your answer
with the help of decided cases.

(b) "Subject to the other provisions of this

part, trade, commerce and intercourse
throughout the territory of India shall be
free." (Article 301 of Constitution of India).
Discuss with the help of relevant case laws.

(c) The State Government passed an order

of compulsory retirement stating that the
employee is not fit for work. Does the order
amount to punishment or not? Give reasons
for your answer with the help of decided
cases.

(d) The Governor of a State dismissed

Council of Ministers enjoying confidence of
the House. “A" challenges the action of the
Governor on the ground that his action is
unconstitutional. Will `A' succeed? Give
reasons for your answer with the help of
suitable examples.

2. (a) "Fundamental changes in the law

relating to marriage has been brought
about by the Hindu Marriage Act, 1955."
Comment on the above statement and
evaluate that how far the Act affected the
sacramental character of Hindu Marriage?

(b) (i) State the consequences (legal effects)

that follow from the divorce under Muslim
Law.

(ii) 'A' marries with a Hanafi woman. After

sometime, in a fit of anger, 'A' pronounces
Talaq three times and sends the wife to her
parent's home. The next day 'A' repents and
wants his wife to come back. The wife
refuses and maintains that she has been
divorced irrevocably. 'A' brings a suit for
restitution of conjugal rights and declares
that he believes in pure and simple Islam
and does not believe in any sects. The wife
also sues for her deferred dower. Discuss
the rights of the parties.

(c) What do you understand by Quasi

contract? Explain the distinctive features of
Quasi Contract? What is juridical basis of
responsibility occurring under Quasi
Contract? Explain.

3. (a) Discuss the rule against 'Double

possibilities". Explain
whether valid transfer can be made in
favour of an unborn person? If so, state the
conditions with suitable illustrations.

(b) Does the Transfer of Property Act make

an exception to the general rule that a
person cannot confer a better title to the
property than he himself has in it? If so,
how do you justify the exceptions?

4. (a) What are the rights of partner in the

management and conduct of the business
of a firm? Can a partner be restrained from
carrying on any business other than that of
the partnership while he is partner?

(b) (i) Can a minor be admitted to the

benefits of Partnership? If so, what are his
rights and disabilities? Refer to relevant
case laws.

(ii) A' a partner in a firm of solicitors draws a

Bill of exchange in the name of the firm
without authority. Decide the liability of the
firm in their respect.

5. (a) Define malicious prosecution. What

are its essential ingredients? What must a
plaintiff prove for getting success in case of
a suit for malicious prosecution? Can a suit
of malicious prosecution be filed against
corporation also if yes, in which
circumstances?

(b) What is the law relating to the Vicarious

liability' of the State for the wrongful acts of
its employees? Is the State liable for the
criminal acts of its employees? Discuss with
the help of relevant case laws.
6. (a) Describe the disabilities of a trustee as
given under the Indian Trust Act'.

(b) What do you understand from Breach of

Trust? Describe the remedies available to
the beneficiary in case of breach of trust.

(c) Explain the following maxims with

illustrations.
(i) Equity follows the law..
(ii) Equity imputes an intention to fulfil.

7. (a) When will a licence be deemed to be

revoked under the Indian Easement Act?
What are licence’s right on revocation?
Discuss.
(b) Write the contracts which cannot be
specifically enforced under the Specific
Relief Act, 1963. Support your answer with
example.

8. (a) "A contract cannot be enforced by a

person who is not a party to it even though
it is made for his benefit." Point out also the
exceptions to this rule. Discuss and refer to
decided cases.

(b) (i) Do you agree with a view that the

Hindu Law of Adoption had undergone a
complete change? If yes, then state the
changes brought about by the Hindu
Adoptions and Maintenance Act, 1956 in
the law of adoption.
(ii) “X" wants to adopt a daughter on the
ground that his only daughter had left the
house without his permission and had
joined the Film industry in Bombay. Discuss
the legality of adoption.

9. (a) (i) What are the essential conditions

of a valid gift under Muslim Law? How far
has the law of Mohammedan gift been
affected by the Transfer of Property Act,
1882? Discuss.

(ii) When and how can a gift be revoked by

a donor under Muslim law? In what cases
the power to revoke comes to an end?
Discuss.
(b) A's wife W deserted him for a long time
and ignored all his attempts to resume co-
habitation. So much so that she did not
reply even to a single letter of his intention.
Ultimately 'A’ obtained a decree of judicial
separation against her. Thereafter because
he had no son, he adopted a son without
further reference to W'. Is this adoption
valid under the Hindu Adoption and
Maintenance Act, 1956?

10. Solve three problems with reference to

relevant laws:
(a) 'A' points an unloaded pistol at B', who
sues him for an assault. 'A’ in his defence
pleads that the pistol was unloaded. How
will you decide this case. Give reasons to
support your answer.

(b) A' teaches his parrot to recite an offer

and then sends the parrot to B’. The parrot
repeats the recitation. In this a valid offer?
Will it make any difference to your answer,
if 'A’ ties a message containing an offer for
'B’ on the body of the parrot who carries
the message to 'B'.

(c) A, B and C are partners in a firm X & Co.

C retires from the partnership and all the
assets and liabilities are taken over by the
two partners A and B who carry on the firm
after the retirement of C. A creditor of the
firm after the retirement of C, files a suit
against A, B and C for the recovery of the
debt. Is C liable? Give reasons for your
answer.

(d) After the death of her husband, 'A'a

Mohammedan widow got her name
entered in the Government records as
owner of her husband's property and was
mortgaging and selling portions of it, one of
the heirs of her husband sued her alliance
for his share Can he succeed? Give reasons
for your answer.
 2015
1. (a) It is fallacious to think that Directive
Principles and Fundamental Rights are
opposed to one another in their ultimate
objectives. They are in fact complementary
and supplementary to each other and both
striving to secure socio- economic welfare
by ensuring a social order in which justice
and individual liberty are safeguarded.
Comment critically.

(b) "Freedom of speech can be restricted

only in the interest of the security of the
state, friendly relations with foreign states,
public order, decency or morality or in
relation to contempt of Court, defamation
or incitement to an offence." Elucidate the
above statement with suitable case laws in
relation to the freedom of the

(c) Explain what is meant by the expression

"Failure of constitutional machinery in a
state under Article 356 of the Constitution
of India." Which situation will fall and which
will not fall within the expression? Explain.

(d) Critically evaluate the scope of the

expression 'Personal Liberty' in Article 21, of
the Constitution of India. Do you think that
the expression 'procedure established by
law' in Article 21 introduces in India, the
American 'due process clause' on the
subject? Discuss.
2. (a) Who are the persons governed by
Hindu Law? Who are entitled to share a
partition in joint Hindu family? Explain
divorce by mutual consent under the Hindu
Marriage Act, 1955.

(b) (i) Describe the main provisions of the

Shariat Act, 1937. State the changes
brought about by it.

(ii) 'A' has a wife 'B', an unmarried daughter

C' and a son D'. 'A' makes a gift of his entire
property to his son 'D'. Is the gift valid?
What steps must be taken to protect the
right of maintenance of B' and 'C' against
the gift? Explain.
(c) How can an offer be made, revoked or
accepted? What rules apply when an offer
is made through post or over the
telephone? Discuss.

3. (a) Discuss property. What are the

properties which cannot be transferred?
Distinguish between 'Sale' and 'Agreement
to Sell'.

(b) Discuss the doctrine of election with the

help of illustrations. Also discuss the
important conditions relating to doctrine of
election as provided under Section 35 of
Transfer of Property Act, 1882.
4. (a) What is Partnership? State its
essential elements. Distinguish between
partnership and joint Hindu family.

(b) Under what circumstances can a

partnership firm be dissolved by the Court?
What are the consequences, if a
partnership firm is not registered? Discuss.

5. (a) "The rule in Rylands v. Fletcher is

interpreted in the light of the Constitutional
provision by the Supreme Court in M.C.
Mehta v. Union of India, (1987)." Explain
the rule laid down in Rylands v. Fletcher.
Keeping in mind the aforementioned
statement, elaborate the corresponding
development in India with reference to the
said rule.
(b) "A statement made in performance of
duty is privileged."
Examine such statement referring to tort of
defamation.

6. (a) Define trust. Discuss its creation and

the different kinds.

(b) Define trustee, Describe duties and

liabilities of trustees.

(c) Explain the following maxims with

illustrations:
(i) Equality is equity.
(ii) Equity will not suffer a wrong to be
without a remedy.

7. (a) What do you mean by easement?

Explain its origin and development. What is
distinction between customary right and
customary easement? State.

(b) Which are the contracts which would be

specifically performed under the Specific
Relief Act, 1963? Explain about the
rescission of contracts with illustrations.

8. (a) "The sanctity of a contract is the

foundation of the Law of Contract and the
doctrine of impossibility cannot be
permitted to become a device for
destroying the sanctity." Explain this
statement.

(b) Who can give adoption? Who can

adopt? What are the effects of adoption?
Discuss.

9. (a) Define Talak. Explain various modes

of talak in Muslim Law. What are the
distinctions between Sunni and Shia Law
regarding talak? Explain.

(b) (i) Explain different kinds of Mehr in

Muslim Law.
(ii) Heena, a Muslim widow, re-marries
within 30 days of the death of her husband.
Justify it.
10. Solve any three of the following
problems by referring to relevant laws:

(a) A' shakes his fist at Y, intending or

knowing it tó be likely that he may thereby
cause Y to believe that 'A' is about to strike
Y.

(b) A' supplies B', who is a lunatic, with

necessaries suitable to his condition in life.
'A' is entitled to be reimbursed from B's
property.

(c) One of the partners of a firm, while on

touring for business of the firm, usually
travelled in rail without ticket. In
consequence, he was caught by railway
police. The other partners objected to his
conduct and sought dissolution of firm
through Court. Whether the partners would
succeed?

(d) A' being on friendly terms with Y goes

into Y's library in Y's absence and takes
away a book without Y's express consent
for the purpose merely of reading it and
with intention of returning it to his friend.
 2016
1. (a) "A declaration of fundamental rights is
meaningless unless there is an effective
judicial remedy for their enforcement."
Comment on this statement explaining the
judicial remedies provided in the
Constitution of India.

(b) There are many provisions in the

Constitution of India which secure
independence and impartiality of the
Judiciary. Discuss those provisions and refer
to important judgments of the Supreme
Court.
(c) Can Parliament amend Part III of the
Constitution of India relating to
Fundamental Rights? Discuss.

(d) Explain relations between the Union and

the States in legislative matters with
reference to various Articles of the
Constitution.

2. (a) State the grounds on which a 'decree

for judicial separation' may be obtained
under the Hindu Marriage Act, 1955. How
does a 'decree for judicial separation' differ
from a 'decree of divorce?

(b) (i) Describe the classes of persons who

can claim a right of pre-emption. Whether
the right of pre-emption is still available on
ground of vicinage? Discuss.
(ii) Distinguish between Hiba, Hiba-Bil-Evaz
and Hiba-Ba- Shartul-Evaz.

(c) What do you understand by anticipatory

breach of contract? M/s. XYZ Textile enters
into a contract with ABC Garment
Showroom for supply of 1000 pieces of
cotton shirts at Rs. 400 per shirt to be
supplied on or before 31st December, 2015.
Later on, on 1st November, 2015 XYZ
Textile informs ABC garment Showroom
that they will not supply the shirts. Discuss
the remedies available to ABC Garment
Showroom.
3. (a) What do you understand by
mortgage? What are the essentials of valid
mortgage? Distinguish between mortgage
and charge.

(b) Distinguish between the following :

(i) Vested interest and Contingent interest
(ii) Lease and Licence.

4. (a) What are the effects of non-

registration of a partnership firm? Whether
the effects of non-registration of firm can
be cured during pendency of the suit by
getting the firm registered? Discuss.

Mohan and Sohan were partners in an

unregistered firm.
There was provision in partnership deed
that in case of any dispute between the
partners, the matter will be referred to
arbitration. After some time, a dispute
arose between the partners and Mohan
appointed an arbitrator but Sohan did not
give his consent and refused to refer the
dispute to the arbitrator. Whether Sohan
can be compelled to refer the dispute to the
arbitration?

(b) "Sharing of profit is prima facie evidence

of partnership, but not conclusive". Discuss.
Santosh is wife of Alok. She gave her
Stridhan to Alok. Alok started his business
from that Stridhan. Whether Santosh and
Alok are partners?
5. (a) "No case of actionable negligence will
arise unless there is a breach of duty to take
care." Discuss this statement with the help
of decided cases.

(b) "The Court can provide compensation

for violation of Fundamental Rights."
Analyze this statement in the light of
emerging principle of liability of State.

(c) Distinguish between the following:

(a) Assault and Battery
(b) Libel and Slander.

6. (a) What are the rights of beneficiary in

the Indian Trust Act? Discuss.
(b) What do you understand by doctrine of
of press? On what type of trusts this
doctrine is applied?

(c) Explain the following maxims with

illustrations:
(i)He who seeks equity must do equity.
(ii)Where equities are equal, the law shall
prevail.

7. (a) What do you understand by

'easement by prescription"? What are its
essentials? Distinguish between profit a
prendre and easement.
(b) What do you understand by ʻspecific
relief? Whether specific relief can be
granted for enforcement of criminal law?

8. (a) "An agreement without consideration

is void." What are the exceptions to this
rule? Discuss.
A owes Rs. 10,000 to B but the debt is
barred by the Limitation Act. A signs a
written promise to pay B Rs. 5,000 on
account of debt. Is it a valid contract? Refer
to relevant provision of the Contract Act.

(b) C was granted divorce by the Court

against P. C got remarried before the expiry
of the period of appeal. P filed an appeal
against the order of divorce and it has been
granted. Discuss the legality of the second
marriage of C, Will it make any difference if
the appeal is dismissed? Both the parties
are Hindu.

9. Explain the following :

(a) Legal consequences of Talak under
Muslim Law
(b) Difference between Acknowledgment
and Adoption
(c) Difference between Shia and Sunni
Succession Law.

10. Solve any three of the following

problems by referring to relevant law :
(a) A Muslim husband W contracts a second
marriage. His first wife Z claims separate
residence and maintenance under the
Criminal Procedure Code. W pleads defence
of his personal law which permits him to
take more than one wife. Decide.
(b) A contracts to pay Rs. 10,000 to B if B's
house is burnt. House of B is burnt. Can B
recover Rs. 10,000 from A? Is it wagering
agreement?
(c) A abuses B in a lonely room. State the
liability of A.
(d) A introduces B to OC as his partner and
B remains silent. In fact, A and B are not
partners. C supplies goods to B on credit. Is
A liable for B's act?

theoryofabrogation.com
theoryofabrogation.com

UP – PCSJ

18 Years Question
Paper for Main
Examination

(1982 – 2016)
theoryofabrogation.com

( Procedural Law)

1982
1. (a) Draft a plaint, giving details in a suit for
libel by innuendo.
(b) Draft a written statement in the suit
mentioned question No. (a) and (b) above.

Frame issues on the pleadings in question No.

(a) and (b) above.
Or

Write a judgment convicting the accused for an

offence under Section 420 of Indian Penal Code
(cheating and dishonestly inducing delivery of
property) after framing appropriate charge for
the offence.

Group A

2. (a) Discuss fully the conditions which are

required to constitute a matter res judicata and
comment upon the following:-
A verdict against the man suing in one capacity
will not stop him when he sues in another
distinct capacity.
(b) A files a suit for declaration that he is
entitled to certain land as heir to 'B'. Thé suit is
dismissed. Can he claim in later suit title to the
same properties on the basis of adverse
possession?

(c) A Munsif decided in a maintenance suit that

the husband has abandoned his wife and,
therefore, the latter is entitled to maintenance.
Does the subsequent petition filed by the
husband for judicial separation under Section
10 of the Hindu Marriage Act, 1955 operate as
res judicata? Give reasons for your answer.

3. (a) Who is entitled to file a pauper suit? State

the procedure for filing such suits. Can a
defendant be allowed to defend in formal
pauperis?
Give reasons.
(b) When shall the Court reject an application
for permission to sue as pauper? Discuss fully.

(c) Answer the following :

(i) A presented an application for leave to sue in
forma pauperis but dies pending the hearing of
the application. Can the applicant be continued
by B' who is a legal representative of 'A? Give
reasons.

(ii) 'A' disposed his property worth Rs. 1000/- in

August, 1980 to enable himself to sue as
pauper and applies for leave in September,
1980. Will the application of 'A' be accepted by
the Court? Give reasons.
4. Define summons. What are the objects of
service of summons? What are modes of
affecting service of summons on defendant?
Discuss fully.

5. Give a short account of the law under Section

145 of the Cr.P.C. in regard to procedure to Be
adopted in the case of a dispute as to
immovable property. Do you agree with the
view that proceedings under Section 145
administrative in nature, their object being to
prevent breach of peace and maintain
tranquillity refer to cases?

6. (a) What are the objects of summary trials?

What offences may be summarily tried and by
whom? Give a brief account of general
provisions of summary trial contained in the
Cr.P.C.
(b) The owner of a flour mill is prosecuted for
public nuisance for starting the mill in a
residential locality. If the result of the trial
would have the effect, in case of conviction, of
compelling him to permanently close down the
business, will the summary trial be desirable?
Give reasons for your answer and refer to cases
are only preventive and quasi-judicial and quasi

Group C

7. (a) When is the evidence of an expert to be

admitted? What are the differences between
an expert and an ordinary witness? Discuss fully
and illustrate your answer.
(b) Will the following expert evidences be
admitted; if so, give reasons and cite cases.
(i) Evidence of an architect as to the
depreciation of property by nuisance.
(ii) Evidence of an expert to give his opinion on
the construction of the document.
(iii) Evidence of medical man as to the loss of
earning capacity in a claim under the
Workmen's Compensation Act.

8. Estoppel, is a complex legal notion involving

a combination of several essential elements,
the statement to acted upon, acted on the faith
of it, resulting in detriment to the actor."
Critically examine the statement and point out
whether estoppel can be pleaded by both
plaintiff and defendant. Illustrate your answer.
9. Who are accomplices under the Evidence
Act? Under what circumstances can a
conviction be based on the testimony of an
accomplice? Illustrate your answer and discuss
whether you agree with the following
statement:-

"The testimony of the man of lowest character

who has thrown to the wolves the erstwhile
associates and friends in order to save his own
skin and who is a criminal and has purchased
his liberty by betrayal, must be received with
very great caution."

10. (a) The improper admission or rejection of

evidence shall not be grouped of itself for a
new trial or reversal of any decision in any case,
if it shall appear to the court before which such
objection is raised that independently of the
evidence objected to and admitted, there was
sufficient evidence to justify the decision, or
that if the rejected evidence has been received,
it ought not to have varied the decision. Discuss
fully.

(b) Answer the following :

(i) Copies of documents are admitted in a court

of first instance without objection. Can
objection to their admissibility afterwards be
taken in a court of appeal?

(ii) A document is per se inadmissible. Can it be

objected in appeal?
 1983
1. (a) Draft a plaint, giving details in a suit for
false imprisonment by a police officer.

(b) Draft a written statement in the suit

mentioned in question No. 1 (a) above.

(c) Frame issues on the pleading in question No.

(1) (a),(b) above.
2. (a) What do you understand by inherent
jurisdiction of civil court? Do you agree with the
view that the inherent power has been
conferred on the court by virtue of its duty to
do justice between the parties before it?
Discuss fully.

(b) Discuss whether in the following cases the

court has inherent power-

1. To order joint trials of suits.

2. To correct his own mistake.
3. To set aside an ex-parte decree.

(c) What is the procedure prescribed for suit by

or against a firm?
3. (a) What do you understand by a
representative suit? By whom and under what
circumstances can such a suit be brought?

(b) 'A', who was a treasurer of an association,

misappropriates the funds of the association.
By a resolution of the association, B', one of the
members, was authorised to recover the
amount misappropriated. Can B' successfully
sue 'A'? Give reasons for your answer.

(c) A, B, C, three persons were chosen by a

community to represent them in a suit against
K' but X, Y, Z, other members of community
supported the defendant 'K'. Does it affect the
representative character of the suit? Give
reasons for your answer.
4. (a) Explain and illustrate the rules relating to
joinder of plaintiffs and defendants in a civil
suit.

(b) 'A' publishes a series of books under the

title, "The Oxford and Cambridge Publications"
so as to induce the belief that the books are
publications of the Oxford and the Cambridge
Universities or either of them. The two
Universities join as plaintiffs in one suit to
restrain A from using the title. Discuss with
reasons whether both
the Universities can jointly sue A or not.

(c) 'A' and 'B' were assaulted by 'C' at an

interview in 'C's house. 'A' and 'B' jointly sue 'C'
for damages for assault. Is the suit bad for mis-
joinder of plaintiff? Give reason for your
answer.
5. Every offence shall ordinarily be inquired into
and tried by court within the Local limits of
whose jurisdiction it was committed. Discuss
fully this rule. Are there any exceptions to this
rule? If so, state them.

6. (a) Give a critical account of the broad

principles regarding grant of bail in criminal
cases. Can a bail be demanded as a matter of
right?

(b) Under what circumstances can a bail be

cancelled? Illustrate your answer.

(c) "The necessity for granting anticipatory bail

arises mainly because sometimes influential
persons try to implicate their rivals in false
cases for the purpose of disgracing them or for
other purposes by getting them detained in jail
for some days. In recent times, with
the accentuation of political rivalry, this
tendency is showing signs of steady increase.
Apart from false a person accused of an offence
is not likely to abscond, or otherwise misuse his
liberty while on bail, there seems no
justification to require him first to submit to
custody, remain in custody for some days and
then apply for bail." In the light of the above
observation discuss the provisions of the
Criminal Procedure Code, 1973 for the grant of
an anticipatory bail.

Group C

7. Explain and illustrate the following:

(a) Silence may sometimes amount to an
admission.
(b) No confession made to a police officer is
admissible.
(c) Oral evidence must, in all cases, be direct.
(d) What is in writing shall only be proved by
the writing.

8. Explain and illustrate the following:-

(a) Facts though not in issue, are so connected

with a fact in issue as to form part of the same
transaction, are relevant whether they
occurred at the same time and place or at
different times and places.

(b) Answer the following:-

(i) 'A', a witness in describing an offence,
asserted that 'B' said "those ruffians who a year
ago took away Subhashini have again come. Let
us be off. Çaste and honour are at stake."

(ii) In a charge of murder of 'K' where the

prosecution case is that on the day of the
incident the accused uttered a threat that he
would finish off K and thereafter kill himself
also. Is the evidence admissible to show that
the accused tried to kill K.

10. (a) State the exceptions to the general rule

that a witness is bound to tell the whole truth
and to produce any document in his possession
relevant in issue.

(b) Answer the following:-

(i) A wife gave the following statement that she
saw the accused (her husband) in the early
hours of the day of murder while it was still
dark, coming down the roof of his house; that
he went to the bhusa kothari, came out again,
had a bath by becoming naked and wore the
same dhoti again. Is it admissible or not?

(ii) A Magistrate saw a document during trial

and confiscated it as a document of state. Is his
action proper?

(iii) 'A' client says to B' (an attorney), I have

committed forgery and I wish you to defend
me." Is this communication protected from
disclosure?
 1984
1.(a) Draft a plaint giving details in a suit for the
recovery of damages for Malicious Prosecution.
(b) Draft a written statement in the suit
mentioned in question No. 1(a) above.

(c) Frame issues on the pleadings in question

No. (1)(a) and (b) above.

Or

Write a judgment convicting the accused for an

offence under Section 325, I.P.C. Involuntarily
causing grievous hurt] after framing
appropriate charges for the offence.
2. What is the principle of res-judicata and in
what circumstances can this principle be
applied?

3. (a) When can temporary injunction be

granted by civil court?

(b) What is an interpleader suit? When and by

whom can it be instituted?

(c) In what circumstances can the property of

defendant be attached before judgment?

4. Discuss the principles governing the

appointment of receivers. What are their
power and duties? Can a Collector be
appointed as a Receiver?
Group B

5. (a) Give a brief account of the general

provisions of trial in warrant cases as contained
in Criminal Procedure Code.

(b) What is the effect of non-appearance or

death of complainant in a trial of summons
cases by Magistrate?

6. (a) What sentence can be passed by the

Magistrates in criminal cases?

(b) Are statements to a police officer during the

course of investigation admissible in evidence?
If so, for what purpose?

Group C
7. According to Section 114(b) of Indian
Evidence Act, the Court may presume that an
accomplice is unworthy of credit, unless he is
corroborated in material particular. According
to Section 133, an accomplice shall be a
competent witness against an accused person
and conviction is not illegal merely because it
proceeds upon the uncorroborated testimony
of an accomplice?
Reconcile the above opposite statements and
quote cases.

8. (a) What is fact-in-issue? Illustrate your

answer.

(b) What are the facts necessary to explain or

to introduce relevant facts? Discuss and
illustrate your answer.
(c) Facts though not in issue are relevant.
Illustrate your answer.

9. (a) Define admission. Distinguish it from

confession. Illustrate your answer
(b) A is tried for the murder of B. A says to a
police officer "I have buried the knife with
which I committed the murder of B in the field
of C. He tells the knife was buried. The knife is
taken out. Discuss of the above statement of A
is admissible either as a whole or in part. Refer
to decided cases.

10. (a) What are leading question? Who can put

them? Illustrate your answer.
(b) Oral evidence must, in all cases whatever be
direct. Discuss fully and illustrate your answer.

(c) A sells B a horse and warrants him sound. A

gives B a paper in these words "Bought of A a
horse of 500/- Ra. Can B prove the verbal
warrant? Give reasons of your answer.
 1985
1. (a) Draft a plaint, giving details, in suit for
recovery of damages for injuries caused by
negligent driving car?

(b) Draft a written statement in the suit

mentioned above.

(c) Frame issue on the pleadings

aforementioned.

Or

Write judgment convicting the accused for

offence under Section 304-A, I.P.C. after
framing appropriate charges for therffences.
Group A

2. (a) What facts are essential in a notice under

Section 80 of the Civil Procedure Code? What
will be the effect upon the suits against the
Central Government, the State Government or
their officers, if the said notice is not given.

(b) When can auction sale of immovable

property in execution of a decree be set aside,
who can get it set aside?

(c) What is a representative suit? By whom and

what circumstances can such a suit be filed?
3.(a) Discuss the provisions of the Civil
Procedure Code regarding the issue of
commission. Illustrate your answer.

(b) What is foreign judgment? Under what

circumstances is it conclusive?

4. (a) What is an (interpleader suit? When and

by whom can it be filed?

(b) What are the modes of effecting service of

summons on the defendants?

(c) What errors in a judgment, decree or order

can be corrected by the court after signing and
pronouncing the same without there being an
application made for review?
Group B

5. (a) Give a brief account of the procedure to

be observed by the Magistrate in the trial of
Summons case?

(b) Who can withdraw the complaint and what

is its effect.

(c) In the trial warrant cases proceedings have

been instituted upon complaint. On the date
fixed for the hearing, the complainant remains
absent. What order can be passed by the
Magistrate?

6. Give a brief account of the procedure to be

adopted under Section 145. Code of Criminal
Procedure regarding the disputes relating to
immovable property.

Group C

7. (a) Discuss fully the evidentiary value of

retracted confession. Illustrate your answer?

(b) Stolen or looted goods are recovered from

the possession of the accused just after
presumptions, few days of the theft/dacoity.
What presumptions, if any, can be made
against him?

8. (a) What are the powers of the court to put

questions to a witness? Is there any limitation
on the use of these answers?
(b) A intentionally and falsely leads B to believe
the certain land belongs to A and thereby
induces B to buy and pay for it. The land
afterwards becomes the property of A, A seeks
to set aside the sale on the ground that at the
time of sale, he had no title. Can he do so? Give
reasons for your answer.

(c) A agrees to sell to B for Rs. 1000/- "my white

horse". A has two white horses. Can evidence
be given to show which of the two horse was
meant?

9. (a) What is dying declaration? Discuss fully its

evidentiary value. Can an accused be convicted
on the basis of dying declaration alone? Cite
case laws.
(b) A is tried for murder of B'. Are the facts that
A murdered 'C', that B knew that A had
murdered C, that B had tried to extract money
from A by threatening to make the knowledge
public, relevant. Give reasons for your answer.

10. (a) When are the opinions of experts

relevant? What is their evidentiary value?
Discuss.

(b) Are facts which are the occasions, cause or

effect of facts-in-issue relevant? Illustrate your
answer.

(c) When right or custom is in question? What

facts are relevant? Illustrate your answer.
 1986
1. (a) Draft a plaint for recovery of arrears of
rent and ejectment of a tenant on ground of
default.

(b) Draft a written statement in the suit

mentioned above.

(c) Frame issues on the pleadings

aforementioned.

or

Write judgment convicting the accused for

offence under Section 307 of the Indian Penal
Code after framing appropriate charges for the
offence.

Group A

2. (a) Discuss the statement that an executing

court cannot go behind the decree? What are
the questions that may be determined by the
Court executing the decrees?

(b) What do you understand by the pecuniary

jurisdiction of a court? Will a court be
competent to hear a suit exceeding its limits if
the parties to the suit have given their consent?
(c) Can revision be filed against an order of a
court disallowing an important question put to
a witness?

3. (a) Unless a right of appeal is clearly given by

statute it does not exist comment. Can an
appellate court reverse a decree on the ground
of mis-joinder of parties?

(b) Explain the expression suit of civil nature.

(c) Does the Code of Civil Procedure make any

provision for preventing courts of concurrent
jurisdiction from trying at the same time two
parallel suits in respect to the same matter in
issue? If so, what?
Discuss.
4. (a) Explain the constructive res judicata.

(b) Who is an indigent person? What is the

mode of instituting suit by such person?

(c) What are the inherent powers of Court?

Illustrate.

Group B

5. When can bail be granted in case of a non-

bailable offence? Can bail granted subject to
conditions?
6. (a) Under what circumstances can a
Magistrate demand security for good
behaviour?

(b) Narrate in brief the procedure for session

trial?

(c) For every distinct offence of which a man is

accused, there shall be a separate charge, and
every such charge shall be tried separately.
Explain the above statement.

Group C

7. (a) Distinguish between direct and

circumstantial evidence. Can a person be
convicted on circumstantial evidence alone?
(b) Distinguish between rebuttable an
irrebuttable presumptions? Illustrate.

(c) Distinguish between relevancy and

admissibility of evidence.

8. (a) What is confession? Distinguish between

judicial and extra judicial confession.

(b) State the exceptions to the rule that

confession by an accused in police custody is
not admissible in evidence.

(c) 'A' a women whose throat had been cut by

some sharp edged weapon, indicated by
gestures before her death that 'B' was the
person who has cut her throat. Is this
statement of 'A' made by gestures admissible
as evidence against B'.

9. (a) Hearsay evidence is no evidence. Explain

and state the exceptions.

(b) 'A' who was hit by bullet stated in the

hospital in the presence of a Magistrate that 'B'
had fired at him. But 'A' did not die of his injury.
Is the statement of 'A' made in the presence of
the Magistrate admissible in evidence against
'B', can it be of any other use?

10 (a) Distinguish between patent and latent

ambiguities. Give examples of such ambiguities.
(b) Can evidence of the intention of the parties
to a document be given to contradict the
express terms of the document?

(c) A went to a lawyer 'B' and stated that he 'A'

had committed murder of 'C' and he wanted to
engage him as his defence lawyer. 'B' replied
that he would not defend him ('A') unless he
('A') had confessed his crime before him. Can
'B' be allowed to depose against 'A?
 1987
1. (a) Draft a plaint either claiming damages for
malicious prosecution or for specific
performance of contract.

(b) Draft a written statement in the suit

mentioned above.

(c) Frame issues on the pleadings

aforementioned.

Group A

2. (a) Explain the scope of examination-in-chief,

cross-examination and re-examination under
the Indian Evidence Act. State briefly their
objects.

(b) Write short notes on any four of the

following:

(i) Hearsay evidence; (ii) Hostile witness; (iii)

Leading question; (iv) Set-off; (v) Confession in
police custody.

3. (a) How is the disputed handwriting of a

person proved? Examine admissibility of the
evidence of a handwriting expert.

(b) Explain the 'secondary evidence'. Discuss

the circumstances in which it is admissible.
4. (a) Who is an accomplice? Under what
circumstances a conviction can be based on the
testimony of an accomplice?

(b) When the parties have led evidence and

relevant facts are before the Court and all that
remains for decision and what inference is to
be drawn from the question of burden of proof
is not material. Comment what do you mean by
burden of proof? On whom does the burden of
proof lie in civil and criminal cases?

Group B

5. (a) Discuss the provisions of the Civil

Procedure Code with regard to:-
(i) Suits against the Government and its
Officials.
(ii) Suits relating to public nuisance.

(b) What is meant by decree? Distinguish

between preliminary decree and final decree?

6. (a) State the provisions which govern the

determination of the place of suing.

(b) In the following cases determine the place

of the case:-

(i) A, B and C jointly take a loan from D at

Varanasi on a promissory note. D lives in
Lucknow. A, B and C resides in Faizabad,
Varanasi and Kanpur respectively.
(ii) A residing in Delhi, publishes a defamatory
statement about B in Calcutta. B is a resident of
Patna.

7. (a) What do you understand by inherent

jurisdiction of civil court.

(b) Discuss fully whether in the following cases

the court has inherent powers.

(i) To order joint trial of suits; (ii) to correct its

own mistake; (ii) To set aside an ex parte
decree.

Group C
8. (a) Narrate in brief the principles regarding
grant of bail in criminal cases. Can a bail be
claimed as a matter of right?

(b) Under what circumstances a bail can be

rejected or cancelled? Illustrate your answer.

9. (a) What do you understand by summary

trial? By whom and in which cases summary
trial is prescribed.

(b) In what circumstances the police officer can

arrest any person without order of Magistrate
or warrant? If any private person can also
arrest any person. Discuss.

10. (a) Illustrate and distinguish between:

(i) Cognizable and non-cognizable offence.
(ii) Bailable and non-bailable offence.
(iii) Summons case and warrant case.
(iv) Enquiry and trial.

(b) Examine the statement "There are some

questions which a witness cannot be compelled
to answer". There are also questions which a
witness cannot be permitted to answer.
Illustrate your answer suitably.
 1988
1. (a) Draft a plaint in suit in which a demand
has been made by the landlord against a tenant
for arrear of rent in respect of residential house
and for the tenant's ejectment therefrom on
the ground that the tenancy which was from
month to month has been terminated by a
notice for ejectment given by the landlord.

(b) Draft a written statement in reply to the

suit mentioned in question No. (a).

(c) Frame issue on the aforesaid pleadings in

question No. (a) and No. (b).

Or
(a) Write a judgment convicting accused A and
B under Section 302, 34 I.P.C.

(b) Draft a charge of the above offence.

Group A

2. (a) When a witness is cross-examined, what

other questions can be asked in addition to the
questions relating to the incident

(b) How would the court decide that a

particular question is proper or improper.

(c) A woman prosecuted a man for picking her

pocket. Can the question that she had given
birth to an illegitimate child ten years before,
be asked?

3. (a) When does a confession becomes

irrelevant?

(b) A and B are jointly tried for the murder of C.

It is proved that A said, B and I murdered C. Can
the Court consider the effect of this confession
as against B.

(c) A prosecutes B for adultery with C, A's wife.

B claims that C is A's wife but the Court convicts
B for adultery. Afterwards, C is prosecuted for
bigamy. In moving B during A's life time, C says
that she never was A's wife. Is the judgment
against B irrelevant as against C.
4. (a) What facts need not to be proved.

(b) Explain the law relating to leading question.

(c) Who is competent witness to testify.

Group B

5. (a) Explain the doctrine of Res judicata.9L

(b) Explain the distinction of Res judicata with

Res sub-judicata and Estoppel.

6. (a) Who is an indigent person. What is the

mode of instituting suit by such person?
(b) Discuss "suits of civil nature".

7. (a) Explain the distinction between Review

and Revision, Second Appeal and Revision.

(b) Who is a legal representative? Give

examples of legal representative.

Group C

8. (a) Describe the law and procedure for

maintenance of wife, children and parents in
Cr. P.C.

(b) Distinguish between first information report

and Police report.
9. (a) What should be described in a chargef

(b) Under what conditions a Magistrate can

take cognizance of the offence.

4e Explain judicial custody? Is there any period

of time fixed for detaining the accused in
judicial custody?

10. (a) No appeal lies in petty offences? What

are petty offences according Appeal to Cr. P.C.

(b) Is the State Government entitled to lile

appeal against the order of acquittal of the
accused? What is its procedure?
(c) What are the grounds of revision according
to Cr. P.C.?
 1991

1. (a) 'B' agreed with 'A' to sell his house for Rs.
40,000/- in pursuance of the agreement, which
was registered also. A' gave Rs. 35,000 to 'B'
towards the price and promised to pay the
balance of 5000/- at the time of registration of
sale-deed. B' gave possession of the house to A'
and assured him that he would execute the
sale-deed as early as possible. However,
B'avoided to execute sale-deed on one pretext
or the other. On the above facts, draft a plaint
on behalf of 'A' claiming specific performance
of contract.
(b) Draft a written statement on behalf of B'in
reply to the plaint in question No. 1(a) and (b)
above.

(c) On pleading in question No. 1(a) and (b)

above frame issues.

Or

(a) A' is prosecuted for having stolen a cycle

from the house of "B'. Frame charges of theft
against 'A'.

(b) In the above case in question 1(a) the cycle

was subsequently recovered by the police from
the possession of 'A' and was identified by 'B'
and one of his colleagues. 'A' alleged that he is
being falsely implicated due to enmity with the
police and the cycle recovered was his own. No
further evidence was produced in defence on
the above facts. Write a judgment deciding the
case.

2. (a) Whether an admission can be used by the

maker of the admission in his own favour? If so,
in what circumstances. Explain and illustrate.

(b) A lodged First Information Report alleging

that in morning he had hacked his aunt to
death with an axe and the dead body was lying
at his house. The dead body and blood stained
axe were recovered from there by the police. A
is prosecuted for murder. There is no eye-
witness or any other evidence against him.
Prosecution seeks A's conviction for murder on
the basis of his version contained in the F.I.R.
Examining the validity of this contention and
admissibility of the First Information Report as
substantive piece of evidence decide.

3. (a) A was severely beaten. His dying

declaration was recorded by a Magistrate in
which he implicated X' and Y'. A survived due to
medical treatment, X and Y were prosecuted
for attempt to commit murder of 'A. During the
trial the aforesaid dying declaration was sought
to be given in evidence by the prosecution in
support of its case.

(b) A is prosecuted for murder of B'. C says that

B' immediately before death declared that A
had inflicted B' the wound of which he died.
On behalf of defence evidence is offered to
show that on a previous occasion 'C' said that
the wound was not given by 'A' or in his
presence.

Discuss whether the proposed evidence is

admissible?

4. (a) Explain the principle of estoppel with the

aid of decided cases.

(b) B'has taken the house on rent from 'A' and

since then he is regularly paying rent to 'A’,
'A’applied for eviction of B from the house on
the ground of his personal need. B' contends
that since the house is joint property of 'A’ and
his brothers, and his brothers did not join the
proceedings, A's application is liable to be
dismissed. It is argued on behalf of A' that 'B'
was estoppel from challenging the right of 'A’
to sue. Decide.
Group B

5. (a) Distinguish between decree and order.

(b) Plaintiff could not reach the court on the

date fixed so his suit was dismissed for default.
Advise the plaintiff as to the steps he should
take.

(c) B' filed a suit for declaration of partnership

and accounts against A'. In order to deprive B’
of the benefits 'A' began to shift the goods and
assets of the business establishment in hurry.
Advise B' as to what should he do in the
circumstances.
6. (a) State the circumstances in which a party
to a suit be refused to amend his pleading.

(b) There was a suit between A and B regarding

a house, A won the suit and also obtained
possession of the house. However, B' won in
appeal, 'A’ however, did not return possession
of the house to B'. Advise B' suggesting remedy
how to get back the house.

7. (a) What do you understand by a foreign

judgment? In what manner may decree of a
Foreign Court be executed in India?

(b) (i) A' a resident of Delhi. 'B’ a resident of

Bangalore and "C' of Calcutta met at Kumbh
Mela in Allahabad. There 'B' and C' borrowed
Rs. 10,000 from ´A’ and jointly executed a
promote and handed it over to 'A'. All of them
went back to their respective places but the
money was not returned. 'A’ wants to file a suit
for recovery of his money.
(ii) Father of 'A’ and B' had a bunglow at
Nainital, one house at Lucknow and Delhi each
and two big mango groves in Sitapur. After the
death of father 'A’ took over the management
of the entire property and began appropriating
the income. 'B' wants to sue for partition of the
property. Determine the place of suing in above
case.

Group C

8. (a) Describe the procedure of trial of warrant

case instituted on police report?
(b) A, First Class Judicial Magistrate convicts an
accused and fines 10 rupees only. Accused
wants to go in appeal. Advise.

9. (a) In a complaint case, the complainant on a

date fixed is absent. Counsel for the accused
urged that the complaint be dismissed and the
accused acquitted. Counsel for the complainant
contends however, that there was nothing to
be done as summons for the doctor, for whose
evidence the date was fixed, had not been
issued by the office of the court despite deposit
of process fee by complainant and, therefore,
the case be adjourned to some other date.
Decide.

(b) An accused was acquitted due to lack of

evidence. He was again prosecuted for the
same offence, additional evidence was supplied
and he was convicted by the Magistrate.
Examine the legality of the order.

(c) The Chief Judicial Magistrate of Allahabad

granted anticipatory bail to M.L.A. as he was
apprehending arrest in the murder case and
issued necessary directions. Examine the
validity of the order.

10. Distinguish between:-

(i) Inquiry and Investigation.
(ii) Acquittal and Discharge.
(iii) Complaint and First Information Report.
 1992
1. (a) Plaintiff 'A’ is the owner of a house. In one
of its portion defendant B' resides. The
defendant has not paid rent for last 10 months.
On this very ground, the plaintiff wants to get
his house vacated and also to recover arrears of
rent due. On the above facts draft a plaint on
behalf of A for eviction and recovery of the
arrears of rent.

(b) Draft a written statement on behalf of B' in

reply to the above plaint.

Or
A young man of considerable means 'A'
develops friendship with a young girl 'B' of
ordinary family living in his neighbourhood. The
girl's mother had died and daughter usually had
to go to his fields for working during the whole
day. The girl gave birth to an illegitimate child
from above- mentioned young man. Before the
illegitimate son was born there was a proposal
of marriage by the girl's father. The young man
declined the offer of marriage and also refused
to maintain them.
On the basis of above facts write a judgment in
the case.

Group A

2. (a) Define and distinguish between

preliminary decree and final decree?
(b) (i) What will be the effect on the final
decree passed during the pendency of the
appeal against the preliminary decree, in case
the appeal is allowed?
(ii) Can the validity of the preliminary decree be
challenged through an appeal which is brought
against a final decree?

3. (a) What are the circumstances in which

court can order amendment of pleadings?
What will be the result, if he does not make the
desired amendment after the order of the
Court?

(b) What are the general powers conferred on

the High Court or the District Court as regards
the transfer and withdrawal of suits, appeals or
other proceedings?
4. (a) Under what circumstances can a
defendant be arrested before judgment and
when can such order be given? Explain also the
procedure for such arrest?

(b) Under what circumstances can a

defendant's property be attached before
judgment? What will be the procedure for such
attachment?

Group B

5. (a) "All admissible evidence is relevant but all

relevant evidence is not necessarily
admissible." Comment.

(b) Point out whether in the following cases the

facts sought to be proved are relevant.
(i) A is charged with shooting at B with intent to
kill him. In order to prove A's intent the
prosecution wants to prove the facts that A has
earlier shot on C.
(ii) A is tried for rioting and is proved to have
marched at the head of mob. The prosecution
wants to prove that the mob was shooting.

6. (a) What do you understand by admission

and confession? Distinguish between the two
and explain their evidentiary values.

(b) A and B are jointly tried for the murder of C.

It is proved that A said, "B and I murdered C".
Can the Court consider the effect of this
confession as against B.
7. (a) Oral evidence in all cases must be direct.
Explain this rule with illustrations and
exceptions.

(b) A enters into a written contract with B to

work in certain mines, the property of B, as to
their value. Examine whether A can give an oral
evidence in this case.

(c) A gives B a receipt for mnoney paid by B.,

Oral evidence is offered for the payment. Is the
evidence admissible?

(d) A agrees in writing to pay B Rs. 10,000 on

the Ist March, 1992. Can the fact that at the
same time an oral agreement was made that
the money should not be paid till the 31st of
March, be proved?
Group C

8. (a) When can warrant be issued by a court in

lieu of summons?

(b) Describe the powers of a Court to take bond

for appearance from a person who is present
before the court and for whose appearance
such court is empowered to issue summons or
warrants.

(c) Can a person who has filed a bond be

arrested? If so, under what circumstances?

9. (a) Define charge and enumerate the

contents of charge.
(b) Is a defective charge necessarily fatal to
conviction?

(c) Can a court alter charge? If so, how and upto

what stage.

(d) What are the cases in which an accused

person may be convicted of an offence which is
not specified in the charge-sheet on which he
has been tried?

10. (a) What are the provisions regarding

search by a police officer under the criminal
procedure Code? Explain.

(b) What are the provisions under Cr. P.C. for

the investigation which is not completed within
24 hours.
 1997

1. (a) On 5th January, 1994 Mohan Lal Kashyap

instituted a criminal complaint against
Ghanshyam Das Sharma who was a
shopkeeper. Consequently, Ghanshyam Daa
Sharma had to remain in prison and his shop
was also closed, After trial criminal court
acquitted Ghanshyam Das Sharma on Bth July,
1994 on the ground that the criminal complaint
of Mohan Lal Kashyap was false and baseless.
Now Ghanshyam Das wants to file suit against
Mohan Lal Kashyap for malicious prosecution.
In the light of above-mentioned facts draft a
plaint of Ghanshyam Das.
(b) Draft a written statement on behalf of the
defendant Mohan Lal Kashyap in reply to the
plaint in question No. 1(a) above.

Or

(a) On 15-3-97 at Kanpur airport a custom

officer conducted search of Jai Prakash Juneja
and recovered some pieces of metal from his
possession. For the examination of the said
metal an uneducated but experienced
goldsmith was invited who opined that the
metal is gold. Consequently, the gold is
confiscated and the matter is referred to the
court for trial. The accused defends himself on
the grounds that-(I) the proceedings and
confiscation by the custom officer was
prosecution and hence he cannot be
prosecuted in the Court, (II) the goldsmith who
examined the metal was not a competent
expert. Frame charges against the accused in
this matter.

(b) On the basis of the facts given in part (a)

write a judgment deciding the case.

Group A

2. (a) Explain the doctrine of "Res judicata"

provided in Section 11 of the Code of Civil
Procedure, 1908. How is the doctrine of Res
judicata different from the rule contained in
Section 10 of the said Code?

(b) A is tradesman in Calcutta. B carries on

business in Delhi. B, by his agent in Calcutta
buys goods of A and requires A to deliver them
to a transport company. A delivers the goods
accordingly in Calcutta. A wants to sue B for the
price of the goods. Decide with reasons, the
place of suing. The accused defends himself on
the grounds that-(I) the proceedings and
confiscation by the custom officer was
prosecution and hence be cannot be
prosecuted in the Court, (II) the goldsmith who
examined the metal was not a competent
expert, Frame charges against the accused in
this matter.

(b) On the basis of the facts given in part (a)

write a judgment deciding the case.

Group A

2.(a) Explain the doctrine of "Res judicata"

provided in Section 11 of the Code of Civil
Procedure, 1908. How is the doctrine of Res
judicata different from the rule contained in
Section 10 of the said Code?

(b) A is tradesman in Calcutta, B carries on

business in Delhi. B, by his agent in Calcutta buy
goods of A and require A to deliver them to a
transport company. A delivers the goods
accordingly in Calcutta. A wants to sue B for the
price of the goods. Decide with reasons, the
place

(c) The Court issue a summons against A under

Section 30 of C.P.C., 1908 but he does not
appear before the Court. What steps can be
taken by the Court to compel his attendance?
3.(a) What properties are not liable to
attachment and sale in the 47 execution of
decree?

(b) Explain the rule of Notice prescribed in

Section 80 of the Code of Civil Procedure?

(c) Explain with illustration the basie

characteristics of an "Interpleader Suit".

4. (a) Analyse the grounds, procedure and

power of the High Court in relation to
Reference and Revision.

(b) What do you understand by set-off and

counter claim? What are the differences
between them?
(c) Give a brief description of rules contained in
Order XXXIII of the Code of Civil Procedure,
1908.
suing.

Group B

5. (a) State the law of "remand prescribed in

Section 167 of the Code of Criminal Procedure,
1973.

(b) Decide the legality of the following

proceedings .
(i) The publication of a newspaper containing
material punishable under Sections 124-A and
153-A of LP.C,
1800, is prohibited by the State Government.
The editor,
to set-aside the order of the Government
submits application before the High Court. The
High Court consists of 10 Judges but the matter
is decided by the two judge's bench.
(ii) A Magistrate taking cognizance of petty
offence under the Motor Vehicle Act, 1939
issues a special summons against the accused
under Section 206 of the Code of Criminal
Procedure, 1973.

6. (a) Examine the rule contained in Section 177

the Code of Criminal Procedure that "every
offence shall ordinarily be inquired into and
tried by a court within whose local jurisdiction
it was committed"

(b) A is charged with murdering Haider Baksh

on 20th January, 1997 and Khuda Baksh on 21st
January, 1007. When charged for the murder of
Haider Baksh he was tried for the murder of
Khuda Baksh. The witnesses present in him
defence were the witnesses in the case of
Haider Baksh. A is convicted by a court. A
challenges the said conviction on the ground of
error in the charge. Decide.

(c) On complaint made by C, a Court of Session

takes cognizance of the offence under sub-
action (2) of 199 of the Cr. P.C. and tries the
accused. The Court finds that there was no
reasonable cause for making the accusation
and hence orders C to pay Rs. 2,500 to the
nccused by way of compensation. C challenges
the said order. Decide.

7. (a) Briefly describe the circumstances where

a police officer, a private person and a
Magistrate may arrest a person without
warrant?

(b) A commits an offence of publishing

defamatory matter against B' and is tried under
Section 501 of LP.C. B dies during the trial. A
wants to compound the offence. Advise

(c) A is tried by the Court of Session and he is

convicted. The Court passes a sentence of
imprisonment for 2 months and Rs. 200 as a
fine. A wants to file an appeal in the High Court
against this conviction. Advise.

Group C

8. (a) What do you understand by "inculpatory

statement and exculpatory statement" of
confession? What is the law relating to
admissibility of such statement?

(b) A while in police custody, makes statement

of admission of a fact. During trial, the public
prosecution produces evidence of his
admission. A objects the admissibility of
evidence on the ground of rule laid in Section
26 of the Indian Evidence Act. Decide.

(c) In a trial for the offence of murder, father of

the deceased is produced as an eye-witness for
the prosecution. The accused objects the
admissibility of his statement on the ground
that he is an interested witness; being father of
the deceased and hence an incompetent
witness. Decide.
9. (a) Who is an expert? Analyse the evidentiary
value of opinion of experts?

(b) In a trial for an offence, the prosecution

adduces evidence of bad character of the
accused. The accused objects admissibility of
prosecution evidence on the ground that he
has not given evidence of his good character.
Decide.

(c) A is tried for the offence of dowry death

under Section 304-B of the Indian Penal Code,
1860. Advise the prosecution as to what
evidence is required to be produced so as to
arise the presumption under Section 113-B of
the Indian Evidence Act, 1872.

10. (a) The law contained in Section 133 of

Indian Evidence Act, 1872 is not a good law and
hence the practice of the court is otherwise-
Examine the statement.

(b) To prove his title the complainant produces

an unattested Photostat copy of document on
the ground that the original document is lost.
Decide whether the document produced by the
complainant may be admitted as a secondary
evidence.

(c) A comes to the police station and lodges

First Information Report that B has beaten him
and has threatened to kill him. After two days A
is murdered. B is arrested and prosecuted for
the offence of murdering A. Decide whether
the First Information Report may be admitted
as dying declaration.
 1999
1. M was married with A in April, 1986. His
mother was torturing Smt. M as she did not
bring sufficient dowry at the time of marriage.
Money and valuable thing were pent to Smt. M
by her father at several times but A and B were
not married. Smt. M was of given food for
many days. On 28-1-99, A and 8 planned to kill
M. When M was preparing tea, her mother-in-
law, throw kerosene on her and A threw a
burning match stick upon her and closed the
door of the kitchen. Thereafter A and B started
shouting that M is dead due to burns . Some of
the neighbours informed the police about the
incident. Police sent the dead body for post-
mortem and after investigation submitted a
charge-sheet against A and B under Section
304-B of I.P.C. for the offence of dowry death.
In the light of above facts, prepare charge and
write a judgment of conviction.

Or

B obtains house from A on rent and continues

to pay monthly rent to 'A' . 'S' on the ground
that the said house has been sold to him by A
on 1-1-96 prepare a plaint on behalf of 'S' and
write a short judgment.

Group A

2. (a) How and to what extent a decree can be

executed against legal representative of a
deceased judgment-debtor?
(b) Discuss those provocations of C.P.C. which
are applied in determination of forum for filing
a suit relating to immovable property?

3. (a) Discuss the doctrine of restitution

(b) Write a short note an inherent powers of

civil court?

4. (a) Who can file a pauper suit?

(b) Can a person be a defendant in a suit as a

pauper

(c) A filed an application plaint an a pauper. A

dies before the disposal of his application. Can
his legal representative continue with that
application?
(d) A' after filing an application plaint as pauper
sold his property worth Rs. fifteen thousand.
Will A application be accepted?

Group B

5. What do you understand by conclusive and

rebuttable presumptions explain?

6. (a) A is tried for murder of B. Whether the

facts that C knew that A had murdered B and
the C has tried to extort money from A by
threatening to make his knowledge public, are
relevant? Answer with reference to legal
provisions.
(b) What facts are relevant when the question
is as to the question of any right or custom?
Answer with examples.

7. (a) Whether a judgment in a previous case is

admissible as an evidence in a subsequent
case? If so for what purpose?

(b) Who is said to be co-accused under

Evidence Act? Under what circumstances a
conviction can be made on the basis of
evidence of co-accused?

Group C

8. Referring to statutory provisions, discuss the

validity of the following:
(a) Where investigation cannot be completed
within 24 hours, the police officer produces the
accused before an Executive Magistrate upon
whom the power of a Judicial Magistrate has
been conferred. Such Magistrate remands the
accused to 10 days police custody.

(b) A Magistrate in a summary trial proceeding

on conviction passes sentence order for 4
month's imprisonment.

(c) A person arrested on accusation of bailable

offence is not released on bail by the police
officer, though the person is ready to furnish
bail.

(d) For complaint against the accused without

reasonable cause, Magistrate orders payment
of compensation in favour of the accused. For
default in payment of compensation passes an
order of sentence for 60 days' imprisonment.

(e) If accused deserves to plead guilty.

Magistrate issues a special summon specifying
rupees one hundred and fifty a fine.

9. Mention the situation in which release on

bail of an accused in custody mandatory under
Criminal Procedure Code.

10. (a) What are the reasons for providing

different procedures for trial of warrant cases
instituted on police report and cases instituted
otherwise than on police report by Magistrate.
Discuss.
(b) Point out differences between trial
procedures provided for warrant case
instituted on police report and that provided
for cases instituted otherwise than on police
report.
 2000
1. 'A' and B' were neighbours. On 5th January,
1998 'B' instituted a criminal complaint against
A who was an employee in Bank, Consequently,
'A' had to remain in prison. After trial the
criminal court acquitted 'A' on 11th February,
1999 on the ground that the criminal complaint
of 'B' was false and baseless. Now 'A' wants to
file suit against B' for malicious prosecution.
Draft a plaint on behalf of 'A' and write a short
judgment.

Or

'A' went to attend a dinner hosted by his

business competitor 'B' during the dinner 'B'
complained that somebody has stolen diamond
necklace of his wife, police was called and
everybody present was searched. The diamond
necklace was recovered from the possession of
'A' during search made by the police in
presence of other guests. 'A' alleges that he is
being falsely implicated by B' due to enmity by
putting this necklace into his coat without his
knowledge. In the light of above facts frame a
charge and write a judgment of conviction.

Group A

2. Discuss the concept of "Substantial Question

of Law" on which the second appeal is filed
before the High Court under Section 100 of Civil
Procedure Code?
3. (a) How you will decide that a suit is of civil
nature? Are the following suits of civil nature.

(i) Right to take out religious procession.

(ii)Right of a Pardanasheen lady to observe
Parda
(iii) Right to franchise.

(b) State the circumstances in which a party to

suit be refused permission to amend his
pleading.

4. (a) Explain and illustrate the rule relating to

joinder of plaintiff and defendants in a civil suit

(b) A publishes a series of books under the title

The Oxford and Cambridge Publication" so as to
induce the belief that the books are
publications of the Oxford and Cambridge
Universities or either of them. Both Universities
join as plaintiff in suit of restraining A from
using the title. Discuss with reason whether
both the universities can jointly sue A or not.

(c) A, B' and C three persons were chosen by a

community to represent them in a suit against
K but X. Y and 2 other members of the same
community supported the defendant K. Does it
affect the representative character of the suit.
Give reasons for your answer.

Group B

5. (a) What is fact-in-issue? Illustrate your

answer.
(b)What facts need not to be proved?

(c) Explain the reason for exclusion of hearsay

evidence. To what extent has the principle of
exclusion of hearsay evidence been adopted in
the Indian Evidence Act?

(d) Discuss fully the evidentiary value of

retracted confession. Illustrate your answer.

6. (a) "Relevancy and admissibility are neither

synonymous nor is the one included in other".
Elucidate this statement.
(b) A and B are co-accused of the crime of
kidnapping and killing a child, A denies his guilt
but B confession that he along with A has
committed the crime. How far the statement by
B is relevant against A

7. (a) A agrees to sell to B for Rs. 1000- "my

white horse, A has two white horses. Can
evidence be given of facts which show which of
them was meant?

(b) A who was injured by bullet, stated in the

hospital in the presence of Magistrate that B
has fired him. But A did not die of his injury, Is
the abatement of A made in presence of the
Magistrate admissible in evidence against B?
Can it be of any other use?

(c) A sues B un an agreement and gives B notice

to produce it. At the trial A calla for the
documents and B refuses to produce it A gives
secondary evidence of its content. Can B in
order to contradict secondary evidence
produce original document as evidence before
the court?

Group C

8. When can bail be granted in ease of non-

bailable offence? Can bail be granted subject to
conditions?

9. (a) What is first information report? What is

its evidentiary value!

(b) Define charge, "for each offence there must

he a separate charge." Discuss this statement.
10. (a) What do you understand by summary
trial? What offences may be tried summarily
and by whom?

(b) In what circumstances may a police officer

arrest a person without an order from
magistrate and without a warrant. Can an
arrest be made by persons other than a police
officer? Explain and illustrate
 2003
1. (a) Plaintiff ‘A' is owner of a house. In one of
its portion defendant B' resides. The defendant
has not paid rent fur last 10 months. On this
very ground the plaintiff wants to get his house
vacated and also to recover arrears of rent due.
On the above facts draft a plaint on behalf of 'A'
for eviction and recovery of arrears of rent.

(b) Draft a written statement on behalf of B'in

reply to the above plaint.

Or

A young man of considerable means 'A'

developed friendship with a young girl 'B' of
ordinary family living in his neighbourhood. The
girl mother had died and father usually go to
his fields for working during the whole day. The
girl gave birth to an illegitimate child from the
above-mentioned young man. The man
declined the offer of marriage and also refused
to maintain them on the basis of above facts
write judgment in the case

Group A

2. (a) Explain the principle of res judicata

between co-defendants. How res judicata
differs from res-sub-judice and estoppel?

(b) What are the fundamental rules of

pleadings What are the circumstances in which
court can order amendment of pleadings?
3. (a) Who is entitled to file a pauper suit? State
the procedure for filing such suits? Can a
defendant be allowed to defend in forma
pauperis? Give reasons.

(b) (i) When a court shall reject an application

to sue in formal pauperis, Discuss fully?
(ii) A presented an application for leave to sue
in formal pauperis but A dies pending the
hearing of the application. Can the application
he continued by B who is a legal representative
of A? Give reasons.

4. (a) When can a temporary injunction be

granted by a civil court
(b) What is an interpleader suit? When and by
whom can it be instituted?

(c) In what Circumstances can the property uf

defendant be attached before judgment?

(d) What de you understand by the inherent

powers of the civil court?

Group B

5. a) All admissible evidence is relevant, but all

relevant evidence is not necessarily admissible.
Comment.

(b) Point out whether in the following case, the

facts sought to be proved are relevant:-
(i) A is charged with shooting at B with intent to
kill him. In order to prove A's intent the
prosecution wants to prove the facts that A has
earlier shot one.
(ii) A is tried for rioting and it is proved that he
was marching at the head of the mob, the
prosecution wants to prove that the mob was
shouting.

6. Distinguish between direct and

circumstantial evidence. Can a person be
convicted on circumstantial evidence alone?

(b) Distinguish between rebuttable and

irrebuttable presumptions?
(c) Hearsay evidence is no evidence'. Explain
and state the exceptions.

(d) Distinguish between patent and latent

ambiguities. Give examples of such ambiguities.

7. (a) A Estoppel is a complex legal notion,

involving a combination of several essential
elements the statement to be acted upon,
acted on the faith of it, resulting detriment to
the actor?

(b) What is dying declaration. Discuss its

evidentiary value. Can an accused be convicted
on the basis of dying declaration alone? Cite
case law.

Group C
8. (a) When can warrant be issued by a court in
lieu of summons? 113

(b) Can a court take a bond for appearance of a

person who is present in the court? Discuss
with reference to statutory provisions.

(c) Can a person who has filed a bond be

arrested? If so, under what circumstances?

9. (a) Define "charge and enumerate the

contents of charge.

(b) Is a defective charge necessarily fatal to

conviction.
(c)Can a court alter charge? If so how and up to
what stage?

(d) What are the cases in which an accused

person may be convicted of an offence which is
not specified in the charge-sheet on which he
has been tried?

10. Referring to statutory provisions, discuss

the validity of the following :

(a) Where investigation cannot he completed

within 24 hours the police officer produces the
accused before an Executive Magistrate upon
whom the power of the Judicial Magistrate has
been conferred. Such Magistrate remands the
accused to 10 days' police custody.
(b) A Magistrate in a summary trial proceeding
on conviction passes sentence order for 4
months imprisonment.

(c) A person arrested on accusation of bailable

offence is not released on bail by the police
officer though the person is ready to furnish
bail.

(d) For complaint against the accused without

reasonable cause, Magistrate orders payment
of compensation in favour of the accused. For
default in payment of compensation passes an
order of sentence for 60 days' imprisonment.

(e) Where accused desires to plead guilty,

Magistrate issues a special summon specifying
rupees one hundred fifty as fine.
 2006
1. (a) Arvind, s/o Sri Mukund, R/o Banda was
married to Sushila, 1. D/o Sri Dinesh, R/o
Kanpur on April 20, 1995 at Daliganj, Kanpur.
Even after six years of marriage Sushila could
not give birth to any child, the relations of
Sushila and Arvind did not remain happy for
this reason. Mukund and his wife also did not
like Sushila for this very reason. They
misbehaved with her. In 2000 Arvind and his
parents sent Sushila to her parent's house.
During these five years Arvind gave no
maintenance to Sushila. Arvind and his parents
did not return her personal property also such
as necklace and bangles. Sushila wants to
obtain decree of dissolution of marriage. Draft
a plaint for dissolution of marriage in the above
case on behalf of Sushila.
(b) In reply to plaint draft a written statement
on behalf of defendant Arvind.

Or

Marriage of Mansi was solemnised on March 1,

2000 at Allahabad. At the time of engagement
Mansi's father asked Mansi's husband Harish to
make it clear if he had any demand before
marriage. Harish said to him that he had all the
things at his home, he needs nothing except
Mansi. After marriage when Mansi came to her
in law's house, Harish's mother found that
except certain bearing ornaments she had
brought nothing in dowry, she was not happy.
After a few months when Mansi came to her
paternal house, Harish did not call her back for
a year. When Mansi's father tried to know its
reason, Harish and his father demanded Rs.
50,000 (Rupees fifty thousand) for business.
Mansi's father showed his inability. On the
advice of relations Harish carried Mansi to his
house. But after three months his parents again
started misbehaving. Mansi had conveyed this
information through letter ta her father This
sort of misbehaviour, harassment and cruelty
of Harish and his parents against Mansi
continued till her last breath, On July 4. 2004
night there was a quarrel between Harish and
Mansi. On July 5, 2004 at about 11.00 a.m.
when Mansi was working in kitchen Harish
poured kerosene from a container upon Mansi
and Harish's mother threw a lighted match stick
upon her. After shutting the door of the kitchen
they went away somewhere. After hearing the
voice of weeping and crying of Mansi, some
neighbours came there.
Manu, a neighbour, opened the door. By that
time Mansi had burnt to a great extent and was
lying unconscious. Manu informed the police.
Police with Manu took Mansi to Government
Hospital wherein doctors declared her dead.
After investigation police submitted its report
to concerned Judicial Magistrate against Harish
and his parents under Section 498-A/34 and
304-B/34 of IPC.

(Group A)

2. (a) Distinguish among legal set-off, equitable

set-off and counter claim. Discuss also how
they are claimed and what are their effects.
(b) (i) "A' sues 'B' on a bill of exchange. 'B'
alleges that 'A' has wrongfully neglected to
insure 'B's goods and is liable to him in
compensation which he claims to set-off.
Answer with reasons.
(ii) 'A' dies intestate and in debt to 'B'. 'C' takes
out an administration to 'A's effects and 'B'
buys part of the effects from 'C". In a suit for
purchase money by 'C against 'B' the latter
wants to set-off the debt. Answer with reasons.

3. (a) The Legislature and judiciary have taken

several steps to reduce multiplicity of suits and
harassment of defendants again and again
under Civil Procedure Code, 1908.

(b) (i) On the basis of a contract, 'A' institutes a

suit against 'B' and obtains a decree. 'B' now
wants to institute a suit against 'A' on the basis
of an agreement between the parties for which
A' did not represent them fully.
(ii) "A' is an inspector in Police Service. He is
dismissed from service by the D.I.G. Police for
in disciplinary activities. 'A' files a writ in the
High Court on the basis that no reasonable
opportunities were given to him for hearing
and dismissal action was mala fide. This
petition was dismissed. After this, he instituted
a suit challenging Article 311(2) of the
Constitution that he could be dismissed only by
the L.G. Police who was his appointing
authority. Will he be successful in his suit?

4. (a) Distinguish among Appeal, Revision and

Review and explain the following :

(i)Can the court review suo moto or on its own

motion its own decision?
(ii) Can superior court direct an inferior court to
review its previous decision?
(iii) Right of a Pardanasheen lady to observe
parda.
(iv) Expulsion of a member from his caste.

Group B

5. (a) What do you understand by relevancy of

facts? Are all the relevant facts admissible in
Court? Explain.

(b) Answer with reasons whether the facts

which are being proved are relevant.

(i) "A', an accused of theft is seen to give the

stolen property to 'B' who is seen to give it to
'A's wife. 'B' says as he delivers it, 'A' says you
to hide this." Whether B's statement is
relevant?
(ii) The question is whether 'A' committed a
crime? circumstances are such that the crime
must have bean committed either by 'A', 'B', 'C'
or D'. Every fact which shows that the crime
could have been committed by no one else and
it was not committed by either 'B', C or 'D'.
Whether the above stated facts are relevant?

6. (a) Explain 'admissions' and 'confessions' and

distinguish between them and discuss also to
what extent they are admissible in the court.

(b) Are the following admissions/confessions

admissible?
(i) "A' undertakes to collect rents for 'B'. 'B' sues
'A' for not collecting rent due from 'C' to 'B'. 'A'
denies that rent was due from 'C' to 'B'.
Whether the statement by 'C' that he owed
rent to 'B' is admissible against 'A"?

(ii) A' is on his trial for the murder of C. There is

evidence to show that 'C' was murdered by 'A'
and B' and that B' said 'A' and I murdered 'C'.
Whether the statement of B' can be considered
as confession against 'A?

7. (a) Write exhaustive but brief note on the

following :

(i) Privileged communications.

(ii) Direct and Circumstantial Evidence.
(iii) Burden of Proof.
(iv) Expert Opinion.

(b) Answer with reasons:

(i) The question is whether a horse sold by 'A'

to 'B' is sound. 'A' says to 'B' "go and ask 'C. 'C'
knows all about it." Whether C's statement is
an admission?
(ii) 'A' sues 'B' for damage done by a dog of 'B'
which B' knows it to be ferocious. Whether the
fact that the dog had previously bitten X, "Y and
Z, that they had made complaint to B' are
relevant?

Group C
8. (a) Section 300 of the Criminal Procedure
Code provides that a person once convicted or
acquitted is not to be tried again for the same
offence. What shall be the correct position in
the following cases?

(i) "A' is tried for causing grievous hurt and

convicted. The person injured afterwards dies.

(ii) 'A' is tried for culpable homicide of 'B' by the

Sessions Court and is convicted. Can 'A' be tried
again on the same facts for the murder of B?

(b) Answer with reasons:

(i) In a case Additional Sessions Judge framed
charges against accused who were six in
number under Section 149 and Section 395 of
the Indian Penal Code, 1860 for committing
dacoity. Has the charge been properly framed?
Explain.

(ii) "A' is charged under Section 242 of Indian

Penal Code, 1860 with "having been in
possession of counterfeit coins, having known
at the time when he became possessed thereof
that such coins were counterfeit." The word
"fraudulently" being omitted in the charge.
When can this omission be deemed to be a
material error?

9. (a) Discuss the jurisdiction of court in cases of

juveniles as provided under the Criminal
Procedure Code, 1973.

(b) Explain the law under the Criminal

Procedure Code, 1978 relating to sentence in
cases of conviction of several offences at a trial.
(c) What is procedure of trial of offences
committed by electronic media?

(d) Discuss the Procedure of investigation by

police in canes of suicide or suspected death of
victims.

10. (a) Explain clearly the distinction in trials

between summons case and warrant case

(b) Discuss the prosecution process of offences

against marriage as provided under Criminal
Procedure Code, 1973.

(c) Answer with reasons.

(i) An incident of murder happens under the
jurisdiction of a Police Thana. The Police Thana
in charge starts investigation in the case. The
aggrieved party approaches the concerned
Judicial Magistrate to complain against the
irregularities being committed by the Police
Thana in charge during investigation. Can
Magistrate order to stop investigation? If yes,
when can he do so?

(ii) When can an appeal lie against the decision

of the Court of Session on the plea of guilty by
the accused?

(d) What is judgment under the Criminal

Procedure Code, 1973? What are essentials to
be shown in a judgment? Discuss.
 2012
1. (a) On July 18, 2006 Radhey Shyam Gupta
had instituted a criminal Complaint against
Sanjay Agarwal, who was a businessman.
Consequently Sanjay Agarwal had to remain in
jail and his business was affected. On
December, 12, 2005 trial Court acquitted
Sanjay Agarwal on the ground that the
complaint against him was false and baseless.
Sanjay Agarwal - wants to file a suit for
malicious prosecution against Radhey Shyam
Gupta. In the light of the fact stated above draft
a plaint for Sanjay Agarwal.

(b) Draft a written statement on behalf of

Radhey Shyam Gupta in response to the plaint
in question (a).
or

'A' with the intention of causing 'B' to be

convicted of a criminal conspiracy writes a
letter imitating 'B's handwriting, purporting to
be addressed to an accomplice in such criminal
conspiracy and puts the letter in a place which
he knows that the police officer is likely to
search. On the basis of the facts stated above
frame a charge and write a judgment of
conviction.

Group B

2.(a) A' files a suit declaration that he is entitled

to certain lands as heir of B'. The suit is
dismissed. Can he claim, in later suit, title to the
same property on the basis of adverse
possession? Explain

(b) Explain and illustrate the rules relating to

joinder of plaintiffs and defendants in civil suit.

(c) "Pleading to sate material facts and not

evidence." Explain.

3. (a) In what circumstances the property of

defendant can be attached before judgment?

(b) Discuss the provisions of Civil Procedure

Code regarding the attachment and sale of
property in execution proceedings.

(c) Explain constructive res-judicata.

4. (a) Enumerate the provisions by which place
of seeing is determined.

(b) There was suit between 'A' and B' regarding

a house. 'A' won the suit and also obtained the
possession of the house. B' filed an appeal and
he won in appeal. 'A' however did not return
the possession of the house to "B'. Explain the
legal procedure to obtain the possession of the
house by B'.

(c) Examine the procedure for bringing suit by

or against the Government.

5. (a) What do you mean by presumption?

Discuss the kinds of presumption.
(b) 'A' prosecuted 'B' for adultery with C, A's
wife. B denies that C is 'A's wife, but the Court
convicts 'B' for adultery. Afterwards, 'C' is
prosecuted for bigamy in marrying B' during
"A's lifetime. 'C says that she never was 'A's
wife. Whether the judgment against "B' is
relevant as against C. Explain with the help of
relevant provisions.

(c) 'A' is accused of defaming "B by publishing

an imputation intended to harm the reputation
of 'B'. Whether the facts of previous publication
by 'A' respecting "B', showing ill-will on the part
of 'A' towards 'B' is relevant?

6. (a) Explain the law relating to burden of

proof. Is the law in relation to civil cases
different from criminal cases? Explain.
(b) 'A' sues "B' for inducing C' to breach a
contract of service made by him with 'A'. 'C', on
leaving 'A's services says to 'A-"I am leaving you
because 'B' had made me a better offer."
Whether this statement of 'C' is relevant?

(c) A witness is asked whether he was ever

dismissed from a post on the ground of
dishonesty. He denies it. Evidence is offered to
show that he was dismissed for dishonesty.
Examine the admissibility of evidence.

7. (a) Write short note on any two of the

following:

(i) Judicial proceedings

(ii) Impeaching the credit of witness/
(iii) Evidence of co-accused
(iv) Fact in issue.

(b) "A' is accused of fraudulently delivering to

another person a counterfeit coin which at the
time when he delivered it, he knew to be
counterfeit. Whether the fact that, at the time
of its delivery, 'A' was possessed of a number of
other pieces of counterfeit coin is relevant.

(c) The question is, what was the date of birth

of 'A'. Whether a letter from 'A's deceased
father to a friend, announcing the birth of 'A'
on a given date is relevant?

Group C
8. (a) When a Magistrate arrests a person
without a warrant, is he required to inform the
person arrested, of the grounds for such arrest?
If so, under which provision of Criminal
Procedure Code? Explain.

(b) How summon is served on government

servant?

(c) A Magistrate, who is not empowered,

erroneously and in good faith, orders the police
officer to investigate into a non-cognizable
case. What would be the effect of this illegality
on the validity of the proceeding?

(d) Can an offence committed within the State

of Jammu and Kashmir be considered under
provisions of Code of Criminal Procedure as an
offence committed outside of India? Answer
with reasons.

9. (a) Give a short account of the procedure to

be followed under Section 145 of the Code of
Criminal Procedure in case of dispute as to
immovable property.

(b) What is summary trial? What offences may

be summarily tried and by whom?

(c) What is meant by taking cognizance of an

offence by Magistrate? Under what
circumstances can a Magistrate take
cognizance of an offence?

(d) Under what circumstances can a wife claim

maintenance from her husband? Is a married
woman entitled to claim maintenance from her
father?

10. (a) A' is accused of obstructing 'B', a public

servant, in the discharge of his public functions
at a given time and place Whether the charge
should set out the manner in which obstructed
'B' in the discharge of his functions? Give
answer with reason.

(b) Give a brief account of general provisions of

trial in warrant cases as contained in Code of
Criminal Procedure.

(c) What is the effect of non-appearance or

death of complainant in a trial of summons
cases by Magistrate?
 2013
1. (a) The ancestral house in which Hariom
resides has one window each in west side in
rooms of the first floor and the second floor
through which air and light ingress in the
house. In April, 2013 Mahesh Kumar purchased
the plot which lay on the western side of
Hariom's house and so constructed his new
house that he erected a wall in front of the
aforesaid two windows, due to which the
ingress and agrees of air and light through
these windows was totally stopped. Hariom
suffered not only the physical comfort and
pleasure of his living due to the aforesaid act of
Mahesh Kumar, but the value of his property
was also decreased. Draft a plaint on behalf of
Hariom on the basis of the aforesaid facts
claiming all types of reliefs whether primary or
in the alternative, which could be claimed up
against Mahesh Kumar, in this matter.

(b) Draft a written statement on behalf of

Mahesh Kumar in reply to the aforesaid plaint,
in which all the defences possible in reference
to the aforesaid allegations be taken.

Or

On 23.10.2011 complainant Rahim filed an F.LR.

at police station Sarsawa, alleging that on
12.10.2011 at about 7 p.m. his minor daughter
Victim' aged about 14 years had gone to the
fields for stool with her younger sister Farzana.
After sometime Farzana returned home and
told that two boys have foreibly taken away the
"Victim'. Upon enquiry being made villagers
Gayyur and Aahfaq told the complainant that
Arif, son of Ishaq Ali and Riyasat, son of Farzand
Ali, both resident of Village Tipri, Raigarh had
taken away plaintiff's daughter on a
motorcycle. A case was registered against Arif
and Riyasat on the basis of plaintiff's report at
No. 248 of 2011 under Sections 363 and 366,
L.P.C. Investigation was conducted by sub-
inspector T.P. Tiwari. On 22.12.2011 the
"Vietim' and Arif together were arrested from
bus stand, Nakur. In her statement under
section 161, Cr. P.C., Victim' told that she had
been repeatedly raped by Arif. On this basis
offence under Section 376, IPC was also added
in the case. After medical examination Victim'
was sent in the custody of her father. On
completion of investigation charge-sheet was
filed in the Court of Chief Judicial Magistrate,
Saharanpur under sections 363, 366 and 376,
I.P.C. The main defence of accused Arif was that
the age of the girl was above 18 and that sexual
intercourse was done with her consent. Riyasat
denied his role in the matter. On the basis of
the facts stated above write a judgment of
conviction.

Group A

2. (a) When plaint is liable to be returned?

Describe the alternative procedure which the
court may adopt after such order. Whether an
order for the return of the plaint is appealable?
Reply by mentioning provisions.

(b) Under which other provisions of the Code of

Civil Procedure besides Section 11, a second
suit has been barred? Discuss briefly.
(c) Distinguish between the discretionary;
inherent and amending powers of court under
the Code of Civil Procedure. Illustrate.

3. (a) 'A' files a suit against B' at Meerut. B'

moves an application "before Supreme Court
directly and requests for the transfer of the suit
to any other court out side Meerut. 'A'
challenges B's right of filing such application
directly to the Supreme Court.

(b) 'A' who has purchased an immovable

property at an auction sale conducted during
the execution of a decree against the judgment
debtor 'B", is resisted in obtaining possession of
such property by X, on the ground that he was
the true owner of the property and not the
judgment debtor 'B', 'A' objects his claim and
ask X' for filing a fresh suit of title against 'B.
(c) A civil court of original jurisdiction passes an
order in a suit against the defendant. Although
much an order is appealable before the District
Judge, but the defendant files revision petition
against such order before the High Court. The
High Court after hearing both the parties
reverses the aforesaid order.

(d) The Court of Civil Judge, Allahabad, decrees

a suit on March.1, 2012, on the ground of a
question of law, in favour of the plaintiff. On
March 2, 2012 Allahabad High Court in another
case, which was pending before it since 15
years, reverses its earlier view on the aforesaid
question of law. The defendant files a review
application before the aforesaid Civil Judge on
the aforesaid ground.
4. (a) Which suits and proceedings are
considered as 'matters concerning the family
under the Code of Civil Procedure? Who for this
purpose are treated as constituting the 'family?

(b) Under what circumstances a court may

dispose of a suit at the first hearing?

(c) Describe the rights and options available,

under the Code of Civil Procedure, to a minor
plaintiff on his attaining majority and the
procedure thereof

Group B

5. (a) In what circumstances statements made

by persons who are dead or who otherwise
cannot be called as witnesses, may be proved
in a case?

(b) A' is being tried for the murder of C.

Evidence is given to show that C' was murdered
by 'A' and 'B' and B's statement admitting that
'A' and Murdered C' is also proved. Whether
this statement may be considered by the court
against A

(c) A ‘the captain of a ship, is tried for casting

her away. Evidence is given to show that the
ship was taken out of her proper course. 'A'
produces a book kept by him in the ordinary
course of his business showing observations
alleged to have been made by him from day to
day and indicating that the ship was not taken
out of her proper course. Whether 'A' may be
allowed to prove the aforesaid statement
recorded by him in his own favour?

6. (a) What are privileged communications

under the Evidence Act? When are
communications protected from disclosure and
when not?

(b), On the application of the plaintil a person is

summoned in the court to produce a
document. When he appears before the court
and files the document, the defendant's
counsel puts a question to him whether the
document was given in his possession by the
plaintiff or by the defendant? The plaintiffs
counsel opposes defendant's right of putting
such question to him. Decide.
(c) Describe the provisions of the Evidence Act
which empower the court to report the
circumstances of the case to the High Court or
other authority to which such barrister,
pleader, vakil or attorney is subject in the
exercise of his profession.

7. (a) Under what circumstances evidence of an

oral agreement or statement contradicting,
varying, adding to or subtracting from its terms
is not excusable?

(b) A ‘took on hire lodging of ‘B', and B' gives

him a card on which his written "Rooms, Rs.
200 a month". Whether A' may prove a verbal
agreement that these terms were to include
partial board?
(c) Write short notes on any two of the
following:
(i) Who may testify?
(ii)Public document.
(iii) Patent and latent ambiguity.
(iv) Re-Examination.

Group C

8. (a) Describe briefly the major changes

introduced in the Code of Criminal Procedure
by the Criminal Law (Amendment) Act, 2013
(No. 18 of 2013) with special reference to
certain offences against females

(b) Discuss briefly the distinction between the

procedure of investigation by a police officer in
cognizable and non- cognizable offences.
(c) Which property may be seized by a police
officer, without the courts order? Describe the
procedure to be followed by such officer, after
such seizure.

9. (a) What is plea bargaining? Briefly describe

its procedure. Whether these provisions apply
in respect of all types of offences and all types
of victims?

(b) Describe briefly the procedure of trial by a

Magistrate in complaint cases.

(c) In which circumstances and in respect to

which offences a Session Court or a Judicial
Magistrate may order for obtaining security for
keeping peace from a person?
10. (a) Whether it is compulsory to release an
accused on bail in bailable offences? When bail
may be taken in case of non-bailable offences?
What conditions may be imposed by the court
upon such bail?

(b) Nanakchand was tried along with others on

the charge of Section 302 IPC read with Section
149. At the end of the trial the applicability of
Section 149 was not established and the trial
court convicted him under Section 302 read
with Section 34. IPC. Whether the conviction is
valid? Reply with reasons and support of
leading cases.

(c) B' is tried for causing grievous hurt to 'A' and

convicted. While B' was undergoing his
sentence in jail. 'A' dies on account of the
aforesaid grievous hurt. Whether the aforesaid
case may be re-opened or 'B' may be tried
again on a second case for causing culpable
homicide? Reply with the help of provisions and
leading cases.
 2015
1. (a) On 4.7.2000, Radhey Shyam entered into
an agreement with Ram Kumar for purchase of
a piece of land of 5 acre at Rs. 26,000 per acre,
ie., for a total consideration of Rs. 1,30,000. On
that day itself, Radhey Shyam had paid Rs.
20,000 to Ram Kumar towards advance with a
specific understanding to pay the entire
balance of sale consideration within four
months and obtain a regular registered sale
deed for the land in his name. Radhey Shyam
paid the balance of sale consideration on
28.8.2001 and the possession of the land was
delivered to him. Thereafter, Ram Kumar
executed a possessory sale agreement dated
28.8.2001 in favour of Radhey Shyam
confirming his possession over the said land.
On 4.1.2014 the Murti Bank had got issued a
legal notice to Radhey Shyam stating that the
said land was under equitable mortgage with
Murti bank. Then Radhey Shyam got issued a
reply notice setting out his right, title and
interest and also possession over the said land
and also making an accusation that Ram Kumar
had cheated him by suppressing the mortgage
in respect of the said land with the Murti Bank.
Draft a plaint on behalf of Radhey Shyam on
the basis of aforesaid facts claiming all types of
reliefs whether primary or alternative, which
could be claimed against the defendants, in the
matter.

(b) Draft a written statement on behalf of Ram

Kumar in reply to the aforesaid plaint, taking all
possible defences in reference to aforesaid
allegations.
Or

On 10.6.2014, Rum Kishan and his nephew

Rajeev were going on a motorcycle carrying Ra.
1,50,000 with them in the dicky, for purchasing
a picce of land. While they were near a Farm in
Gajraula, Jyotiba Phule Nagar District of Uttar
Pradesh at around 10 A.M., two accused
persons-Ranjeet and Rajender came from
behind in Maruti Car. They brandished country
made pistol and asked them to stop and as they
stopped, Ranjeet and Rajender asked them to
hand over the money. Ram Kishan and Rajeev
handed over the key of the motorcycle to them.
Ranjeet and Rajender took out the money from
the dicky and sped away. Ram Kishan gave the
information of this incident to ASI Akhilesh
Kumar whom he met on the way to the Police
Station, On the basis of this information an FIR
was registered at Gajraula Police Station.
Location of the mobile phones of Ranjeet and
Rajender was traced near the place of crime on
the date and time of incident. Recording of
Closed Circuit Camera showed that the Maruti
Car used for crime passed and paid toll at N.H.
24 toll booth situated at Gairaula half an hour
before the incident. This car was registered in
the name of accused Ranjeet. Ranjeet and
Rajender also made confessional statement
before the Investigation Officer and said that
they have spent Rs. 94,000 out of the looted
money and the remaining amount of Rs. 58,000
is lying at the house of Ranjeet. The amount of
Rs. 56,000 was recovered from the house of
Ranjeet. Ranjeet and Rajender also made
disclosure statement before the police thereby
alleging the role of two employees at the firm
of Ram Kishan, Rajesh and Raman an the
informers of the group and said that Rajesh and
Raman had informed Ranjeet and Rajender of
the fact that Ram Kishan is carrying the money
in a motorcycle and that they could loot him. It
is further alleged that they received a share of
Rs. 10,000 each from the looters. Further, the
evidence against Rajesh and Raman is their own
disclosure statement to the police pursuant to
which, allegedly, the police recovered Rs. 5,000
(Rajesh's share left unspent) and rs. 4,000
(Raman's share left unspent) from them.
Ranjeet and Rajender denied having made any
disclosure statement before the police and also
denied the charge and stated that they were
not present in Gajraula on the day of incident
and pleaded that they did not commit the
robbery. During the trial Rajesh and Raman also
denied having made the disclosure statement
and pleaded false implication. The accused
were charge-sheeted for the offence
punishable under Sections 120-B, 392, 397 of
the Indian Penal Code and Section 25 of the
Arms Act. On the basis of facts stated above
write a judgment of conviction.

Part A

2. (a) Explain the essential ingredients of

summon. What are the different modes of
service of summons to the defendant?

(b) What is meant by ex parte decree? Examine

the circumstances where an ex parte decree
may be set aside.

(c) What do you understand by inter-pleader

suit? Explain the conditions and procedure
relating to inter-pleader suit.
3. (a) B' appoints 'A' as Factory Representative
of his firm for Chennai territory for appointing
dealers of his products there. Firm's Head
Officer is situated at Kolkata. 'B' posted a letter
at Kolkata terminating the appointment of 'A'
as Factory Representative, which was received
by 'A' at Chennai. 'A' wants to file a suit against
'B' for damages and accounts. What is the
proper place of suing in this case?

(b)" A Junior Engineer of Public Works

Department was dismissed from service by the
Superintending Engineer. He challenged the
said decisions by filing a writ petition in the
High Court on the ground that he was not
afforded a reasonable opportunity of being
heard. The writ petition was dismissed. He then
filed a civil suit and raised an additional plea
that he was appointed by the Chief Zonal
Engineer and, therefore, Superintending
Engineer being lower in rank, was not
competent to pass this order against him. In
this civil suit, contention of State is that the suit
was barred by res judicata. Decide.

(c) 'A' files a suit in the name and on behalf of

his minor ward 'B' against 'C" under Order
XXXII. During pendency of the suit B' attains
majority and seeks your advice for further
course of action. Advice B. Will it make any
difference if 'B' happens to be a Co-plaintiff?

(d) A' filed a suit for damages on account of

defamatory article published in a periodical. A'
dies during the pendency of suit. Can legal heirs
of 'A' continue the suit?
4.(a) What are the main principles which guide
the Court, while dealing with an application for
temporary injunction?

(b) Discuss the provisions in respect of

attachment of property in execution of decree.

(c) State the duties and powers of first

appellate Court with reference to
(i) Remand
(ii) Framing of additional issues
(iii) Additional evidence
(iv) Modification of decree.

Part B
5. (a) What is meant by relevancy of facts"?
When are opinions of third persons relevant?
Discuss in brief. 5 f 55

(b) A' is accused of raping a seven years old girl

B'. The evidence against 'A' is the testimony of
B', which was recorded in the Court without
administering oath. The mother of B' has
deposed that B' narrated the whole thing to her
after four hours of incident. Are these two
evidences admissible? Can 'A' be convicted on
the basis of this evidence? Give reasons in
support of your answer.

(c) 'A' is accused of the murder of 'B'. A' wrote a

letter addressed to his friend C' stating that he
had committed that crime. The letter fell into
the hands of a police officer. Are the contents
of this letter relevant as evidence against A?
6. (a) Explain the doctrine of estoppel and
distinguish between admission and estoppel.

(b) A' taken a house on lease from 'B' and lives

there as tenant. 'B' made a demand to 'A' for
payment of arrears of rent for three months. 'A'
contends that 'B' is not the owner of the house.
Can 'A' be permitted to deny the title of B' in
the said house? Give reason for your answer.

(c)Explain the doctrine of Res Gestae.

7. (a) Discuss the essential of dying declaration

dying. when is the dying declaration relevant?
Can dying declaration form the sole basis of
conviction?
(b) A'is accused of defamation of B' by
publishing a defamatory article about B' in a
magazine. Is the evidence of publication of
defamatory statement by 'A' about C' in the
previous issue of same magazine admissible?
Give reasons for your answer.

(c) 'All facts except the contents of document

may be proved by oral evidence, which in all
cases be direct.' Discuss in brief.

8. (a) what is the procedure to be followed in

executing a warrant beyond the jurisdiction of
Court which issued it?

(b) When the warrant against an accused is not

executed, what is the next step for compelling
his appearance before the Court?
(c) Is the Magistrate bound to take cognizance
of an offence on the basis of the final report
filed by the police under Section 173(2) of Cr.
P.C.? Is there any restriction for taking such
cognizance? Discuss with case law.

9. (a) A police investigation officer, while

investigating cognizable offence concluded that
only a non cognizable offence was committed
and accordingly submits his report before the
Magistrate after completion of investigation.
What course shall the Magistrate adopt?

(b) Discuss the provisions related to

maintenance of wife, children and parents
under the Code of Criminal Procedure.
(c) Explain the nature and procedure of
summary trial. 'A" commits theft by stealing
property of 'B' worth Rs. 500. Can this offence
be tried summarily?

10. (a) "For every distinct offence, of which any

person is accused, there shall be separate
charge and every such charge shall be tried
separately." Discuss. Are there any exceptions
to this rule?

(b) 'A' committed theft at the house of B' on 28

August, 2015 and committed second theft on
the same date at the house of 'C' and again
committed theft at the house of 'D' on 30
August, 2015. Can he be prosecuted for all the
three offences in one trial? Discuss with
reasons.
(c) Distinguish between :
(i) Cognizable and non-cognizable offence.
(ii) Bailable and non-bailable offence.
 2016
1.(a) On 5th January, 2010, Mohan Lal Yadav
instituted a criminal complaint against
Ghanashyam Narayan Singh who was a
shopkeeper. As a result of this, Ghanashyam
Narayan Singh had to go to jail and his shop
was closed. After trial on 5th July, 2011
Ghanashyam Narayan Singh was acquitted by
the criminal court on the grounds of false and
baseless allegations levelled by Mohan Lal
Yadav. Now Ghanashyam Narayan Singh wants
to sue Mohan Lal Yadav on the groinds of
malicious prosecution. Write a plaint for
Ghanashyam Narayan Singh based upon
aforesaid facts.
(b) Prepare draft of a written statement for the
defendant Mohan Lal Yadav on the basis of
facts in Question No. 1(a).

Or

On date 15.3.2014, a custom officer takes

personal search of one Jai Prakash Narayan at
Lucknow Airport. One metal ha been recovered
from his possession. One uneducated but
experienced goldsmith has been called to
examine the metal, After examining the
recovered metal the goldsmith revealed that
the metal is gold. As a result, the gold is seized
and the matter has been produced before the
court for trial, The accused puts forward his
defence on the grounds that : (i) the
proceeding conducted by the custom officer
and the seizure of gold was a prosecution
therefore he cannot be put to another
prosecution before the court; and (ii) the
goldsmith who examined the metal was not a
qualified expert therefore proceeding was not
lawful. Prepare a draft of charge against the
accused into the matter,

(b) On the basis of the facts in part (a), decide

the matter and give your judgment.

SECTION A

2. (a) Explain the principle of res judicata

between co-defendants.
How res judicata differs from res subjudice and
estoppel?
(b) What are the fundamental rules of
pleadings? What are the circumstances in
which court can order amendment of
pleadings?

(c) What procedure need to be adopted to

institute a pauper suit in court of law? Who can
institute such suit? Discuss the procedure in
detail in pauper suit.

3. (a) When can a temporary injunction be

granted by a civil court? Give details of kinds of
injunctions.

(b) What is interpleader suit? When and by

whom can it be instituted?
(c) Under what circumstances can the property
of defendant be attached before judgment?

4. (a) Distinguish among legal set off, equitable

set off and counter- claim. Discuss also how
they are claimed and what their effects are?

(b) (i) A sues B on bill of exchange. B alleges

that A has wrongfully neglected to insure B's
goods and is liable to pay him compensation
which B claims to set off. Answer with reasons.
(ii) A dies intestate and in debt in B. C takes out
administration to A's effects and B buys part of
the effects from C. In a suit for purchase money
by C against B. the latter wants to set off the
debt. Answer with reasons.

SECTION B
5. (a) Explain 'admissions' and 'confessions'.
Distinguish between the two to establish how
far they are admissible in the court as an
evidence

(b) Are the following admissions/oonfessions

admissible?
(i) A undertakes to collect rents for B. B sues A
for not collecting rent due from C to B. A denies
that rent was due from C to B. Whether the
statement by C that he owed rent to B is
admissible against A?
(ii) A is being tried for the murder of C. There is
evidence to show that C was murdered by A
and B, and that B said that A and myself had
murdered C. Whether the
statement of B can be considered as confession
against A?
6. (a) Write exhaustive but brief notes on any
two of the following:
(i) Privileged communications
(ii) Direct and circumstantial evidence
(iii) Burden of proof
(iv) Expert opinion

(b) Answer with reasons :

(i) The question is whether a horse sold by A to
B is sound. A tells B to go and ask C, as C knows
all about it. Whether C's statement is an
admission?
(ii) A sue B for damage done by dog of B. B
knows the dog to be ferocious. Whether the
fact that the dog bad previously bitten X, Y, Z
and they had made complaint to B is relevant?
7. (a) In what circumstances, statement made
by persons, who are dead or who otherwise
cannot be called as witness, may be proved in a
case? Explain with illustrations.

(b) Who is an accomplice? Describe the

relevancy of the evidence of an accomplice.
Support your answer with the help of statutory
provisions also.

(c) What is the relevance of DNA test evidence

in India? After Sheena Bora murder case,
analyse the relevancy of DNA evidence an
corroborative evidence and circumstantial
evidence.

SECTION C
8. (a) On the basin of decided cases, discuss
briefly the distinction between the procedure
of investigation by a police officer in cognizable
and non-cognizable offences. Specially for the
protection of women against heinous crimes,
what major amendments are made in the
Criminal Procedure Code by the Criminal Law
(Amendments) Act. 2013 (No. 13 of 2013?
Discuss in brief.

(b) Under the Code of Criminal Procedure,

1973, Section 2, how are bailable and non-
bailable offences distinguished? Under what
circumstances of Section 437 of the Code, bail
may given in case of non-bailable offence?
Discuss in brief

(c) Can a police officer during investigation

seize any property without the permission from
the court? Describe the procedure to be
followed by the officer after seizure of such
property.

9. (a) What is plea bargaining? Briefly describe

its procedure Whether these provisions apply
in respect of all types of offences? Can victim of
crime make any objection against this
bargaining? Explain.

(b) Describe briefly the procedure to be

adopted by a Magistrate in complaint cases.

(c) In what circumstances and in respect to

which offences after conviction in the case, a
Session Court or a Judicial Magistrate may
order for obtaining security for keeping peace
from the convicted person? Describe.
10. (a) Explain clearly the distinction in trials
between summons case and warrant case.

(b) Discuss the prosecution process of offences

against marriage as provided under the
Criminal Procedure Code, 1973.

(c) (i) An incident of murder happens within the

jurisdiction of a police station. The police
station in-charge starts investigation in the
case. The aggrieved party approaches the
concerned Judicial Magistrate to complain
against irregularities being committed by the
police station in-charge during investigation.
Can the Magistrate order to stop further
investigation in the case? If so, then how?
Answer with reasons.
(ii) What is judgment under the Criminal
Procedure Code, 1973? What are the essentials
to be incorporated in a judgment? Discuss.

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