Uttarakhand Higher Judicial Service (Preliminary) Examination 2009 1.

Whoever by words attempts to excite disaffection towards government established by law, commits the offence of(A) contempt of the government (B) criminal conspiracy against the State (C) abetting waging of war (D) sedition 2. The general remedy in law of tort is(A) action for damages (B) action for injunction (C) specific restitution of property (D) action for unliquidated damages 3. 'X' and 'Y' agree to commit theft in 'Z's house but no theft is actually committed. They are guilty of(A) no offence (B) criminal conspiracy (C) abetment by conspiracy (D) abetment by instigation 4. Which of the following requirements form an essential element of the defence of fair comment in the tort of defamation? I. The matter commented on must be of public interest. II. It must be an assertion of fact. III. It must be an expression of opinion. IV. The comment must be fair. V. The comment must not be intentional. VI. The comment must not be malicious. Select the correct answer using the codes given belowCodes: (A) I, II, IV and V (B) I, III, IV and VI (C) II, III, IV and V (D) II, III, V and VI 5. 'A' bad consensual sexual relations with 'Z's wife. She gives to a valuable property which 'A' knows to belong to her husband, and she has no authority from 'Z' to give. 'A' takes the property dishonestly. Which one of the following offences has been committed by 'A'? (A) criminal breach of trust and criminal misappropriation (B) theft and criminal breach of trust (C) theft (D) criminal breach of trust Directions. Q. 6 to 14: These questions consist of two statements, one labeled the Assertion (A) and the other labeled the Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the Reason is a correct explanation of the Assertion. Select your answers to these items using the codes given below and mark your answer- sheet accordingly.

Codes: (A) Both A and R are true, and R is the correct explanation of A. (B) Both A and R are true, but R is not a correct explanation of A. (C) A is true, but R is false. (D) A is false, but R is true. 6. Assertion (A) : The President of India can issue a proclamation of emergency under Article 352(1) on the advice of the Prime Minister. Reason (R) : Where a proclamation of emergency is in operation, the President may suspend the operation of all the fundamental rights except Articles 20 and 21. 7. Assertion (A) : Article 301 of the Constitution declares trade, commerce and intercourse throughout the territory of India free. Reason (R) : The State can impose taxes which do not directly affect the freedom of trade. 8. Assertion (A) : The Security Council which functions continuously and adopts its own rules of procedure has its seat at New York. Reason (R) : To suit the convenience, the Security Council meets at many places. 9. Assertion (A) : Inhuman body, liver has an important role in fat digestion. Reason (R) : Liver produces two important fat- digestion enzymes. 10. Assertion (A) : Radio waves bend in a magnetic field. Reason (R) : Radio waves are electro- magnetic in nature. 11. Assertion (A) : The Congress Ministries in all the provinces resigned in the year 1939. Reason (R) : The Congress did not accept the decision of the Viceroy to declare war against Germany in the context of the Second World War. 12. Assertion (A) : Emperor Akbar marched towards Afghanistan in 1581 with a huge army. Reason (R) : He was on his way to reclaim his ancestral country of Ferghana in Central Asia. 13. Assertion (A) : Unlike temperate forests, the tropical rain forests, if cleared; can yield productive farmland that can support intensive agriculture for several years even without chemical fertilizers. Reason (R) : The primary productivity of the tropical rain forest is very high when compared to that of the temperate forests. 14. Assertion (A) : Marathas emerged as the strongest native power in India after the decline of Mughal empire. Reason (R) : Marathas were the first to have clear concept of a united Indian nation. 15. Right to life emanates from(A) Article 21 and includes right to die (B) Article 19 and does not include right to die (C) Article 19 and 20 and does not include right to die (D) Article 21 and does not include right to die 16. That "no person accused of an offence shall be compelled to be a witness against himself" is a/an-

(A) directive principle which the State should apply while enacting criminal laws (B) human right under the Universal declaration of Human Rights to which India is a party (C) fundamental right (D) ordinary constitutional right 17. Which one of the following statements is correct? (A) The Chief Election Commissioner of India holds his office during the pleasure of the President (B) The Governor of a State holds his office during the pleasure of the President (C) The Prime Minister can only be removed by a resolution passed by both houses of Parliament (D) The Speaker of the Lok Sabha can be removed at the pleasure of the President 18. On receipt of the report from the Governor of a State that the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President of India under Article 356(A) has to proclaim President's rule in the State (B) has to dismiss the State Govt. and dissolve the Legislative Assembly (C) has to dismiss the Government but keep the Legislative Assembly in a State of suspended animation (D) may refuse to impose President's rule in the State 19. Under Article 368, Parliament has no power to repeal Fundamental Rights because these are(A) enshrined in Part III of the Constitution (B) human rights (C) transcendental rights (D) part of basic structure or essential framework of the Constitution 20. An agreement made under mistake of fact, by both the parties, forming the essential subject matter of the agreement is(A) void (B) voidable (C) valid (D) unenforceable 21. Which two countries follow China and India in the decreasing order of their populations? (A) Brazil and the US (B) The US and Indonesia (C) Canada and Malaysia (D) Russia and Nigeria 22. Which among the Indian languages one is spoken maximum in the world after Hindi (A) Telugu (B) Tamil (C) Bengali (D) Malayalam 23. During the time of which Mughal emperor did the English East India Company establish its first factory in India(A) Akbar

(B) Jahangir (C) Shah Jahan (D) Aurangzeb 24. In Chhattisgarh, which of the following minerals are found in natural form? I. Bauxite II. Dolomite III. Iron-ore IV. Tin Codes: (A) Only I,II and III (B) Only I and III (C) Only II and IV (D) I,II,III and IV 25. For which one of the following reforms was a Commission set up under the Chairmanship of Veerappa Moily by the Government of India? (A) Police Reforms (B) Tax Reforms (C) Reforms in Technical Education (D) Administrative Reforms 26. Which one among the following has the maximum number of National Parks? (A) Andaman and Nicobar Islands (B) Arunachal Pradesh (C) Assam (D) Meghalaya 27. Consider the following statements in respect of a jet engine and a rocketI. A jet engine uses the surrounding air for its Oxygen supply and so is unsuitable for motion in space. II. A rocket carries its own supply of Oxygen in the gas form, and fuel. Which of the statements given above is/ are correct? (A) I only (B) II only (C) both I and II (D) neither I nor II 28. Which one of the following laser types is used in a laser printer? (A) Dye laser (B) Gas laser (C) Semiconductor laser (D) Excimer laser 29. How do most insects respire? (A) through skin (B) through gills (C) by lungs (D) by tracheal system

30. Which one of the following is not a digestive enzyme in the human system? (A) Trypsin (B) Gastrin (C) Ptyalin (D) Pepsin 31. Which one among the following States of India has the lowest density of population? (A) Himachal Pradesh (B) Meghalaya (C) Arunachal Pradesh (D) Sikkim 32. Which one of the following aroused a wave of popular indignation that led to the massacre by the British at Jallianwala Bagh? (A) The Arms Act (B) The Public Safety Act (C) The Rowlatt Act (D) The Vernacular Act 33. Who was the Speaker of the First Lok Sabha? (A) Hukum Singh (B) G. V. Mavalankar (C) K.M. Munshi (D) U.N. Dhebar 34. The Pulitzer Prize is associated with which one of the following? (A) Environmental Protection (B) Olympic Games (C) Journalism (D) Civil Aviation 35. In which one of the following districts, large reserves of diamond bearing kimberlite have been discovered in the recent past? (A) Hoshangabad (B) Raipur (C) Sambalpur (D) Warangal 36. Which one of the following Bills must be passed by each House of the Indian Parliament separately, by special majority? (A) Ordinary Bill (B) Money Bill (C) Finance Bill (D) Constitution Amendment Bill 37. As per the Human Development Index given by the UNDP, which one of the following sequences of South Asian countries is correct, in the order of higher to lower development? (A) India-Sri Lanka-Pakistan-Maldives (B) Maldives-Sri Lanka-India-Pakistan (C) Sri Lanka-Maldives-India-Pakistan

(D) Maldives-India-Pakistan-Sri Lanka 38. With reference to India, which one of the following statements is not correct? (A) About one-third of the area of the country records more than 750 mm of annual rainfall (B) The dominant source of irrigation in the country is wells (C) Alluvial soil is the predominant type of soil in the northern plains of the country (D) The mountain areas account for about 30 percent of the surface area of the country 39. The President of India is elected indirectly by the electoral college consisting of the elected members of(A) Lok Sabha only (B) Rajya Sabha only (C) Lok Sabha and Rajya Sabha only (D) Lok Sabha, Rajya Sabha and Legislative assemblies of the States 40. The Seventh Schedule of the Indian Constitution contains(A) States and Union Territories (B) Salaries of the President, Governors of States, Judges of Supreme Court, etc. (C) Union List, State List and Concurrent List (D) Allocation of seats in the Rajya Sabha 41. Sarkaria Commission was set up to(A) make necessary investigations and suggestions regarding the problem of Punjab (B) review the Centre- State relations (C) investigate the riots that took place in Delhi in 1984 (D) investigate the assassination of Mrs. Indira Gandhi 42. Rajya Sabha is considered to be a permanent House because(A) its members never retire (B) the House is never dissolved (C) only one third of its members retire after every two years (D) none of these 43. By how many States must a Constitution Bill be passed before it is given assent by the President of India? (A) All (B) 12 (C) 14 (D) None of these 44. Lord Mountbatten came to India as Viceroy along with specific instructions to(A) balkanise the Indian sub- continent (B) keep India united if possible (C) accept Jinnah's demand for Pakistan (D) persuade the Congress to accept partition 45. The practice of military governorship was first introduced in India by the(A) Greeks (B) Shakas (C) Parthians

(D) Mughals 46. The Mongols under Gengis Khan invaded India during the reign of(A) Balban (B) Feroze Tughlaq (C) Iltutmish (D) Muhammad bin Tughlaq 47. Which one of the following first mooted the idea of a constituent assembly to frame a Constitution for India? (A) Swaraj Party in 1934 (B) Congress Party in 1936 (C) Muslim League in 1942 (D) All Parties Conference in 1946 48. B.R. Ambedkar was elected to the Constituent Assembly from(A) West Bengal (B) the Bombay Presidency (C) the then Madhya Bharat (D) Punjab 49. At the time of India's Independence, Mahatma Gandhi was(A) a member of Congress Working Committee (B) not a member of the Congress (C) the President of the Congress (D) the General Secretary of the Congress 50. The most short- lived of all of Britain's constitutional experiments in India was the(A) Indian Councils Act of 1861 (B) Indian Councils Act of 1892 (C) Indian Councils Act of 1909 (D) Government of India Act of 1919 51. Yuan is the currency of(A) China (B) Japan (C) Indonesia (D) Myanmar 52. Massive deforestation causes(A) soil erosion (B) floods (C) famine (D) None of these 53. Dakshin Gangotri is a/ an(A) second source of the river Ganga (B) unmanned station located in Antarctica for continuous weather and scientific monitorings (C) river- valley project in Andhra Pradesh

(D) island in the Indian Ocean near Antarctica 54. The continent that has occupied the largest area in the equatorial belt is(A) South America (B) Africa (C) Australia (D) Asia 55. Which one of the following has the highest fuel value? (A) Hydrogen (B) Charcoal (C) Natural Gas (D) Gasoline 56. Oxygen transportation in a human body takes place throughI. Blood II. Lungs III. Tissue The correct sequence of transportation is(A) I, II, III (B) III, I, II (C) II, I, III (D) I, III, II Directions (Q. 57 to 67): In each of the following sentences there are two blank spaces in the given sentences. Below each sentence there are four pair of words denoted by numbers (A), (B), (C) and (D). Find out which pair of words can be filled up in the blanks in the sentence in the same sequence to make the sentence meaningfully complete: 57. The Deputy Manager.....to resign because all his proposals were.....down by his superiors. (A) planned, thrown (B) gave, held (C) began, kept (D) threatened, turned 58. The counter clerk was very busy and.....not pay.....to Sameer's request. (A) can, help (B) could, cooperation (C) had, cash (D) did, attention 59. She was.....because all her palm had gone...... (A) happy, selected (B) dejected, splendidly (C) distraught, awry (D) frustrated, magnificently 60. Ravi.....a bit.....he was not invited by his friend to attend the party. (A) annoyed, before (B) angered, since

(C) expressed, than (D) grumbled, when 61. I am not.....to sell you my house unless you offer a more.....price. (A) agree, better (B) prepared, realistic (C) ready, correct (D) having, actual 62. Due to.....rainfall this year, there will be.....cut in water supply. (A) scanty, substantial (B) meager, least (C) sufficient, no (D) surplus, abundant 63. In his....., he followed the.....course. (A) agony, funny (B) ignorance, wrong (C) hurry, diversified (D) predicament, proper 64. Though he is reputed for his technical....., his books were sadly.....of the work of others as he lacked originality. (A) advice, unconscious (B) skill, independent (C) knowledge, ignorant (D) expertise, derivative 65. In.....of International matters, there is always an element of risk in.....one might do. (A) view, whichever (B) many, doing (C) defence, wrong (D) case, whatever 66. Santosh looked very happy and.....when he heard that his proposed scheme was.....by the committee. (A) energetic, rejected (B) elated, accepted (C) satisfied, stalled (D) disconsolate, approved 67. We must prevent endangered wild animal species from becoming.....in order that our future generation may.....the great diversity of animal life. (A) rare, escape (B) volatile, notice (C) powerful, protect (D) extinct, enjoy 68. India is a Sovereign because(A) the Constitution recognises the legal supremacy of another country over India

(B) the Constitution does not recognize the legal supremacy of another country over India (C) India is free from any type of external control (D) both (B) and (C) 69. The Political Sovereignty lies with the(A) Parliament of India (B) People of India (C) Supreme Court of India (D) The Constitution of India 70. The term 'State' as defined in Art. 12 of the Constitution includes(A) Govt. and Parliament of India (B) Govt. and the Legislature of each of the States (C) All local and other authority with the territory of or under the control of the Govt. of India (D) All the above 71. What of the following conditions must be fulfilled in order to pass the test of permissible classification under Art. 14? (A) The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group (B) The differentia must have a rational relation to the object sought to be achieved by the State in question (C) Both (A) and (B) (D) None of the above 72. Which of the following Article deals with 'Right to Freedom'? (A) Art. 19 (B) Art. 20 (C) Art. 21, 22 (D) All of the above 73. Art. 16(1) lays down there shall be equal opportunity for citizens in matters relating to 'employment' or 'appointment to any office' under the State. The guarantee in clause (1) will cover(A) initial appointments only (B) termination of employment (C) matters relating to salary, periodical increments, leave gratuity, pension, age of superannuation etc. (D) all of the above 74. In which case the Supreme Court held that a law depriving a person of 'personal liberty' has not only to stand the test of Art. 21 but it must stand the test of Art. 19 and Art. 14 of the Constitution? (A) A.K. Gopalan Vs. Union Government (B) Maneka Gandhi Vs. Union Govt. (C) Both (A) and (B) (D) None of these 75. Which of the following is not an essential for the application of double jeopardy rule? (A) the person must be accused of an offence

(B) the proceeding or the prosecution must have taken place before a Court or judicial tribunal (C) the person must have been prosecuted or punished in the previous proceeding and the offence must be the same for which he was prosecuted or punished in the previous proceeding (D) all the above are essential for the application of double jeopardy rule 76. Art. 33 empowers the Parliament to restrict or abrogate by law Fundamental Rights in the application to(A) the members of the armed forces (B) the forces charged with the maintenance of public order (C) the persons employed in any bureau or other organization established by the State for purposes of intelligence and persons employed in connection with the tele- communication system set up for purposes of any force, bureau or organisation referred in Art. 33 (D) all of the above 77. The provisions of the Constitution can be amended by(A) simple majority (B) special majority (C) special majority and ratification by resolution passed by not less than one-half of the State Legislatures (D) All of the above 78. In which case the Supreme Court has held that the fundamental right may be amended but the basic structure or framework of the Constitution cannot be amended? (A) Sankari Pd. Vs. Union Govt. case (B) Golakhnath Vs. State of Punjab case (C) Keshvanand Bharti Vs. State of Kerala case 79. If the property is lent for a fixed time or delivered as security for the repayment of a debt(A) the person who lends the property or delivered as security is in mediate possession of it (B) the person who lends the property or delivered as security is in immediate possession of it (C) Both (A) and (B) (D) None of these 80. "Where an innkeeper seizes the goods of his guest, who has failed to pay his bill, there is an acquisition of possession against the will of previous possessor, but it is a rightful taking of possession.... where a thief steals a watch, this is still an acquisition of possession against the will of the true owner, but it is wrongful i.e. not in pursuance of legal right." This statement was given by(A) Salmond (B) Savigny (C) Keeten (D) Friedmann 81. For an action in torts(A) some legal right should be damaged (B) some moral right should be damaged (C) some rights should be damaged (D) None of these.

82. The difference between the maxims injuria sine damno and Damnum sine injuria lies in the fact that(A) the former contemplates no wrong while the latter has damage with wrongs (B) the former contemplates moral wrongs while the latter contemplates wrongs (C) the former contemplates legal wrong with remedy while the latter moral wrongs without damages (D) the latter contemplates moral wrongs with damage but not vice versa 83. 'X' was working at a place over which a crane swung carrying heavy stones. Both 'X' and his employer knew that the crane so swung and recognized the possibility of danger if a stone fell from the crane. No warning was given 'X' of the swinging time of the crane whenever this took place. Once a heavy stone fell from the swinging crane and injured 'X'. In a claim for torts, the employer pleaded that there was no liability on the basis of the principle volenti non fit injuria. This plea(A) is not correct as knowledge of the risk is not the same thing as acceptance of the risk (B) is correct as 'X' knew the risk (C) is for the Judge to consider at his discretion (D) is quite novel without an authoritative decision for or against 84. 'A' had only one good eye. He was employed by 'B' on a work in which some risk to the eye by injury was clear. However, the risk was not so great as to necessitate supply of protective goggles to the workmen with both eyes good. 'B' knew the fact that 'A' had only one good eye but did not supply protective goggles to 'A' because no other workman was supplied with protective goggles. During the course of employment, the good eye of 'A' was injured. 'A' brought an action in tort. (A) 'A' cannot succeed as he took up the work well knowing that risk injury to the good eye existed (B) 'B' was liable because although he knew that 'A' had only one good eye and its loss would mean blindness, yet, he did not supply 'A' with protective goggles (C) Both 'B' and 'A' are at fault and the law treats them as equal (D) None of these 85. The element of malice(A) is not essential in any tort (B) is essential in all torts (C) is essential in the torts of defamation, malicious prosecution, willful and malicious damage to property, maintenance and slander of life (D) is essential in the torts of defamation and malicious prosecution only Uttarakhand Higher Judicial Service (Main) Examination 2009 Paper No. 1 Part One 1. Explain briefly the meaning of any of the five given below a.Namo est supra leges b. Delegata potestas non potest clelegari c. Audi alteram partem d. Rex non debet judicare sed secundum legem e. Caveat emptor f. Domicile

g. Mesne profits h. Pro Bona Publico 2. Below in column 'A' are the names of certain books titles and in column 'B' are the names of authors of these books. You have to match the book with its author. 'A' - Title of the book: Lost Symbols Jinnah-India, partition, Independence Idea of Justice Courting Destiny The other side of Justice My own Boswell Justice as fairness My life Utopia Constitutional Law of India (in three volumes) B - Author Jaswant Singh Dan Brown Amartya Sen Justice S.S.Sodhi Shanti Bhushan H.M.Seerval Motilal Seetalwad Thomas Moore M.Hidayatullah (Former CJI) John Rawls

3. Write briefly about the salient features of the Right to Information Act, 2005 and your assessment about the utility of this Act in present day India. (250 words) 4. Secularism is a basic feature of our Constitution. What do you understand by Secularism? While explaining refer to the various provisions of the Constitution of India which are relevant to mention here and which strengthen the argument that secularism is indeed a basic feature of our Constitution. Also refer to leading case laws on this subject. OR The independence of India also led to its partition. Was partition necessary? On whom would you fix the responsibility? State briefly the necessary events which led to freedom and partition, such as the Cripps Plan, Cabinet Mission Plan etc. 5. Write short notes on any two of the followings a. System software b. Word processing software c. Electronic mail Part Two 6. Write an essay of approximately 300 words, on anyone of the following topics: (i) Why do you want to become a judge? (ii) We have three great personalities and figures in our history. Asoka the great, Akbar the great and Jawaharlal Nehru. Although these figures are widely separated in time, as the first pertains to ancient India, the second to medieval India and the third to modern India; yet there is some striking similarities in them. Discuss. 7. Write a prcis of the following paragraph: In January 1889, or so the story goes, Motilal Nehru, a twenty-seven years old lawyer from Allahabad, in UP, traveled to Rishikesh, a town holy to Hindus, up in the foothills of the Himalayas on the banks of the sacred river Ganga (Ganges), Motilal was weighed down by personal tragedy. Married as a teenager, in keeping with custom, he had soon be widowed, losing both his wife and his firstborn son in childbirth. In due course he had married again, an

exquisitely beautiful woman named Swarup Rani Kaul. She soon blessed him with another sonbut the boy died in infancy. Motilals own brother, Nandilal Nehru, then died at the age of fortytwo, leaving Motilal the care of his widow and seven children. The burden was one he was prepared to bear, but he desperately sought the compensatory joy of a son. This, it seemed was not to be. Motilal and his two companions, young Brahmins of his acquaintance, visited a famous yogi renowned for the austerities he practiced while living in a tree. In the bitter cold of winter, the yogi undertook various penances which, it was said gave him great powers. One of the travelers, Pandit Madan Mohan Malviya, informed the yogi that Motilals greatest desire in life was to have a son. The yogi asked Motilal to step forward, looked at him long and hard, and shook his head sadly; You, he declared, will not have a son. It is not in your destiny. As a despairing Motilal stood crestfallen before him, the other man, the learned Pandit Din Dayal Shastri, argued respectfully with the yogi. The ancient Hindu Shastras, he said, made it clear that there was nothing irreversible about such a fate; a great karmayogi like him could simply grant the unfortunate man a boon. Thus challenged, the yogi looked at the young men before him, and finally sighed. He reached into the brass pitcher and sprinkled water from it three times upon the would-be father. Motilal began to express his gratitude, but the yogi cut him short. By doing this, the yogi breathed, I have sacrificed the benefits of all the austerities. I have conducted over many generations. The next day, as legend has it, the yogi passed away. Ten months later, at 11.30 p.m. on 14th November, 1889, Motilal Nrhrus wife, Swarup Rani, gave birth to a healthy baby boy. He was named Jawaharlal (precious jewel), and he would grow up to be one of the most remarkable men of the twentieth century. Jawaharlal Nehru himself always disavowed the story as apocryphal, though it was attributed by many to two of the protagonists themselves- Motilal and Malviya. Since neither left a first-hand account of the episode, the veracity of the tale can never be satisfactorily determined. Great men are often ascribed remarkable beginnings, and at the peak of Jawaharlal Nehrus career there were many willing to promote a supernatural explanation for his greatness. His father, certainly, saw him from a very early age as a child of destiny, one made for extraordinary success; but as a rationalist himself, Motilal is unlikely to have based his faith in his son on a yogis blessing. 8. Translate the following paragraph into Hindi: The whole ratio of the majority judgments as well as the minority judgments in Golak Naths case, turns entirely on the meaning to be attacked to two words- the word law in Article 13(2) and the word amendment in Article 368. Therefore the crucial question is- what is the precise meaning to be attached to these two words. To start with any assumption that the word amendment should be construed in its widest sense is to start with the answer instead of starting with the question. The minority judgments in Golak Naths case (supra), as also the earlier cases, proceeded on the assumption that the power of amendment dealt with by Article 368 was plenary. The assumption is wholly without foundation. Article 368 referred only to the topic of constitutional amendment but was silent as to the subject-matter in respect of which the amending power could be exercised, and was equally silent as to the extent or width of the amending power. 9. Translate the following paragraph into English: A A _ A , _ _ | _ _ _ _ A

 A_ _- _ A

_ _ A

| ,

Paper No. 2 (Civil, Criminal and Constitutional Law) 1(a). "The fact that judiciary has a say in the matter of amendment of the Constitution is the most notable aspect of the doctrine of basic structure." Discuss. 1(b). Discuss briefly the fundamental rights under the Constitution of India. 2(a). Discuss and distinguish 'attempt' from 'preparation' to commit offence. To what extent are these punishable? 2(b). What is abetment? Explain when does an abettor become liable for the offence committed or even not committed. 3(a). 'A' while bleeding profusely goes to 'B' a surgeon and there loses consciousness. Thereupon 'B' immediately performs an operation upon him thinking that it will bring him back consciousness. But 'A' dies immediately after the operation. Discuss the liability of 'B'. 3(b). An accused was found in possession of some property which a person was carrying at the times of his murder. There was neither any eye-witness of the murder nor did the prosecution succeeded in establishing any other incriminating circumstances against the accused. Of what offence, if any, can the accused be convicted? 3(c). A sees B commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith, of the power which the law given to all persons apprehending murderers in the act, seizes B, in order to bring B before the proper authorities. Subsequently B was found acting in self defence. Whether A can be held guilty for any offence? 4. Write short notes on the following: (a) Dowry death (b) Punishment (c) Mensrea (d) Possession of forged or counterfeit notes (e) Public Servant (f) Defamation 5(a). Which marriages are void and which marriages are voidable according to Hindu marriage Act, 1955. Give illustration. 5(b). Can divorce be obtained by mutual consent under the Hindu Marriage Act? If so, on what grounds and under what provision of law? 5(c). Discuss Hiba under Mohamden Law. 6(a). Explain in detail doctrine of frustration. 6(b). What are the legal consequences of non-registration of an instrument under Indian Registration Act?

7(a). Who can file complaint under the Consumer Protection Act, 1986 and what are the various forums under the said act? 7(b). What is the difference between Gaon Sabha and Land Management Committee. 8. Explain the differences between: (a) lease and licence (b) appeal and revision (c) Explain in brief the ingredients for granting injunction. Paper No.- 3 Part-A Indian Evidence Act, 1872 1. Whether a photograph of an original is secondary evidence even though the two have not been compared. If so, when? Discuss the provision of law. 2. A client says to his counsel- "I wish to obtain possession of property by the use of a forged deed on which I request you to sue". Whether this communication is protected or not from disclosure? Discuss the provision of law. Part-B Code of Civil Procedure, 1908 3. Whether a suit stands defeated by reason of the misjoinder of parties? What difference does it make if there is non joinder of a necessary party in a suit? Discuss. 4. Whether a mortgagee can bid for purchase of property being sold in execution of a decree on the mortgage? If so when? What are the other requirements of law in this regard? Part-C Code of Criminal Procedure, 1973 5. Whether a Magistrate can ask any accused to give specimen signature or handwriting? Discuss with exception if any? 6. Whether in an appeal against acquittal, accused/ respondent can be arrested and directed to remain in jail till the disposal of appeal? Discuss. Part-D Drafting 7. Draft a 'charge' of an offence punishable under Section 376-B of Indian Penal Code, 1860.