UP PCS J Mains Question paper 4 Procedural Law 2019

                                    DATE - 1/01/2019

               UP PCS J MAINS PAPER 4                                       PROCEDURAL LAW

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1(a) On 2nd june,2017,Ram singh,a school teacher was travelling from Lucknow to Gorakhpur by a motor bus no. 1540 of UPSRTC. He sustained Serious injuries due to the negligence,misconduct and wrongful act of the driver of the bu, mohd. hakim,and the mechanic, attached with the bus by the corporation, sunderlal (who was driving the bus at the time of Accident),He with other casualties was admitted the Govt. Hospital of Gorakhpur. He lost one of his hand permanently.His medical treatment continued in different hospitals till 12.08.2018  and during this period , he could not perform his teaching work,household duties and cultivation Now, Ram singh wants to file a suit against the UPSRTC, the driver of the Bus and the mechanic for a compensation of Rs. 25,00,000.
Write a plaint for the plaintiff, Ram Singh, On the Basis of the facts mentioned Above.

1(b) Prepare a written statement for the Defendant no. 1, the UPSRTC,answering the plaint made above under Question no. 1 (a) in the light of the following :
"The main plea of the Defendant no. 1 is that the Defendant no. 3 ,sunderlal,is merely a mechanic of the bus and he was not authorized to drive the bus by the defendant No. 1.There occured Some mechanical defects in the bus suddenly and the defendant no. 3 was authorized only to cure the defects but after curing the defect,he took the steering wheel in his hands in order to check the bus without any authorization and the bus met with accident when he was driving the bus. Therefore, the corporation is not liable vicariously.


                                         OR

(a) On 15.06.2018 ,the victim,a fourteen year old girl , was alone in her house situated at lucknow and was preparing for her examination. The two accused named Dinu And Kallu were working in the house. They took advantage of the fact of her being alone.They raped her, strangulated her by using her undergarments and caused injuries on her person with a sharp weapon. They threw her body into a septik tank at the back side of the house, which showed a disregard of respect for human dead body. the prosecution has demanded for death penalty for them on the ground that the matter comes within the category of the rarest of the rare cases. on the other hand,the accused have argued against it.
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 judgement. Also award the Reasonable punishment.

2(a) Discuss the provisions of the civil procedure code relating to the issue of Commission. Also give suitable illustrations.

2(b) Explain the Rule of Notice presscribed in Section 80 of the civil procedure Code,1908 Whether a right to notice Could be waived ?

2(c) On what grounds can a plaint be Rejected by Court ? Discuss.

3(a) State the provisions which govern the determination of the place of suing in relation to the suits for compensation for wrong to person.
In Relation to the following, determine the place of suing:
A,B and C jointly take a loan from D at prayagraj on a promissory note payable on demand. D resides in varanasi. A,B and C reside in Bareilly, Ghaziabad and Noida respectively. A,B and C fail to repay the loan no demand.

3(b) What do you understand by Foreign Judgement ? When is it deemed to be conclusive? Discuss.

3(c) What do you Understand By the Misjoinder  and nonjoinder of the parties ?
A enters into a Contract with B to supply 100 quintals of sugar on 15.10.2018. The same day he agrees to supply to C and D separately the same Quantity of sugar. A fails to supply sugar to all the three. can all the three,i.e.,B,C And D, join together in one suit as plaintiff against A ??

4(a) What is representative suit ? By whom and under what circumstances can such suit be brought ? is there any need to take consent of the persons who are to be represented ? Discuss in the light of decided cases.


4(b)  part one - A who was a treasurer of an association, misappropriates the funds of the association. By a resolution of the association,B,a member, was authorized to recover the amount misappropriated. Can be successfully sue A ? Give Reasons for your Answers.


part two- A,B and C chosen by a community to represent them in a suit against K. But X,Y and Z, other members of the same community, supported the Defendant K. Does It affect the Representative Character of the suit ? Give reasons of your Answer.


5(a) Discuss the limit within which the Rule of 'Res gestae' operates. How far the ambiguities involved in this rule have been Removed Under the Indian Law ? 


5(b) Whether a photograph of an original is a secondary evidence even though the two have not been Compared, if so when ? Discuss the Provision of Law ?


5(c) Discuss the meaning and utility of presumptions. Draw Distinction between Rebutable Presumption of Law And Irrebutable Presumption of Law.


6(a) Write Brief notes of Following: 

Hostile Witness 
Leading Questions 
Accomplice 
Relevancy Of Custom 

6(b) Part one - A,B and C are prosecuted for the murder and conspiracy to murder of D. As the Principle Evidence of the Conspiracy, certain letters written by the Accused to each other During the Conspiracy are submitted. A statement made to the Examining magistrate by B, giving an account of the conspiracy,after arrest, is also put an evidence. What is Relevant-- the letters or the staement or the both ???


part two- A is charged with travelling on a railway without Ticket. On whom the Burden of proof that he had a ticket shall lie ???


7(a) Discuss the relevancy of the judgements with the help of the provisions of the Indian Evidence Act, 1872 and Reasonable Illustrations.


7(b) When the Evidence of an expert is to be admitted? What are the Diffrences between an expert and an ordinary witness ? Discuss


7(c) What do you understand by the word 'Court' used in the Indian Evidence Act, 1872 ? Discuss with the Help of decided cases.


8(a) What will be the venue of trial in the following ? Decide :


Where the offence has been committed in train during Journey Between Kolkata and Prayagraj


Where the offence has been committed in the nature of cheating through letters between two persons situated at Meerut and Agra.


Where a boy is kidnapped from Prayagraj and first taken to mumbai and then to Guwahati.


A abets B at Prayagaraj to commit murder of C at mumbai. B committed murder of C at mumbai


8(b) Discuss the modes of recording evidence in a Sessions Trial. How does the Summon Trial differ from warrant Trial ? Explain.


8(c) A police officer has no definite knowledge or definite information that A is in possession of an instrument of housebreaking. The police officer arrests A. Is A's Arrest  Illegal even though an instrument of housebreaking may acctually be found on searching after the arrest ? Answer with Reasons.



9(a) Under what circumstances is a magistrate empowered to take action in connection with dispute concerning immovable property under section 145 of the code of criminal procedure,1973 ? Explain


9(b) Discuss the power of District magistrate under sec. 144 of the code of Criminal procedure, 1973 ? 


9(c) What is the jurisdiction of the criminal courts in enquiries and trials under the Code of criminal procedure,1973.



10(a)(one) Whether a magistrate can ask any accused to give specimen signature or handwriting ? Discuss with exceptions,if any.

10(a)(two) Whether an accused in appeal from acquittal can be arrested and committed to prison pending the disposal of the Appeal ? Discuss.


10(b) What irregularities committed by a court do not vitiate trial ? Also Discuss When it Vitiates.



               




























UP PCS J Mains Question paper 4 Procedural Law 2019 UP PCS J Mains Question paper 4 Procedural Law 2019 Reviewed by LawAndBanking on February 01, 2019 Rating: 5

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