Law I

U.P.  Higher Judicial Service (Main) Examination-2012
LAW – I (Substantive Law)
Time  :  3 hours
Marks:  200
Notes:   (i)  All question are to be attempted.
(ii)  The questions may be answered either in English or Hindi.
(iii)  The marks of each question are given in the margin.
1.    (a)  On breach of contract only such loss can be recovered as was in the contemplation of both the parties at the time of entering into contract.  Discuss.             10
(b)  Being fed up with each other quarreling 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 amount.  Can wife enforce the agreement against her husband in a court of law?
10
2.    (a)  Partnership, which is a partnership at will, is dissolved by a partner giving a notice to other partner of his intention to retire from partnership.  From what date does such dissolution take effect/  When dones the liability of such partner with respect to the dealings of the firm with outsider ceases?                                 10
(b)  Discuss the scope of implied authority of a partner.  A partner of a firm of solicitors borrows Rs. 5,000/- in the name of the firm.  Will it be a valid act within its implied authority?     10
3.    (a)  What do you understand by customary easements?  Specify the main ingredients to establish such easements.                             10
(b)  The plaintiff, a food grains merchant, enjoying good reputation, had incurred ill will of a Food Inspector who falsely implicated him in a case under Section 3/7 of the Essential Commodities Act, 1955.  The plaintiff was arrested and detained for 7 days.  After the trial he was acquitted.  In the plaintiff's suit for damages the State as well as the Inspector pleaded that since the prosecution was not malafide, the State was not liable for the act of Food Inspector, the suit must fail.  Whether, the State would be vicariously liable for the acts of the Food Inspector?             10   
4.    (a)  What are the distinctions between a mortgage, a hypothetication, a pledge and a floating charge?                                     10
(b)  'A' mortgaged his house 'X' to 'B', 'C' and 'D' successively for Rs. 80,000/-, Rs. 40,000/- and Rs. 20,000/- respectively.  'A' mortgaged house 'Y' to 'D' and 'C' successively for Rs. 30,000/- and Rs. 15,000/- respectively.  Houses 'X' and 'Y' are sold for Rs. 1,00,000/- and 30,000/- respectively.  What are the respective right of 'B', 'C' and
'D' in the sale proceeds?                                 10   
5.    (a)  Whether all contracts can be specifically enforced?  If not, state exceptions referring to relevant provisions.                                 10
(b)  'A' a famous magician entered into an agreement with Ashoka Hotel to give performance every evening from 1st September, 2012 to 1st December, 2012.  Subsequent to the agreement with Ashoka Hotel the magician entered into an agreement with International Hotel to given performance every evening from 1st September, 2012 to 1st December, 2012.  The Ashoka Hotel filed a suit for the specific performance of the contract against 'A'.  'A' contested the suit.  Decide referring to relevant provisions of law.                         10
6.    (a)  What are the changes brought in the Hindu Succession Act by Act 39 of 2005 with regard to females?  Refer to relevant provisions.                         10
(b)  'P' a Hindu femal dies leaving 'R' her husband, 'T' a full brother and 'S' a deceased brother's son, 'P' left considerable property which she had inherited from her deceased mother.  On whom will the property devolve?  Refer to the relevant provisions.                     10
7.    (a)  What are the requisites of a valid will under Mohammadan Law and whether the testamentary power of a Muslim is limited or not?  If limited, to what extend?     10
(b)  A Muslim husband 'X' contracts a second marriage.  His first wife 'Z' claims separate residence and maintenance under the Criminal Procedure Code.  'X' pleads defence of his personal law which permits him to take more than one wife.  Decide.                     10
8.    (a)  The exercise of executive clemency is not a privilege but is based on several principles and discretion has to be exercised in public consideration.  Analyse this statement in context of the powers of the President of India.                         10
(b)  The Rajya Sabha after passing a Bill sends the same to the Lok Sabha for getting it to be passed.  Before the Bill could be taken up for consideration, the Lok Sabha was dissolved and was thereafter again constituted.  Whether the Bill can be taken up and passed by the Lok Sabha/  Refer to constitutional provisions also.                             10
9.    (a)  Critically examine the scope of reservation in promotion as provided for in Article 16(4A) of the Constitution of India.  Discuss referring to important judgments on the subject.
10
(b)  'S' born of Kshatriya father and scheduled tribe mother claims benefit of reservation meant for scheduled tribe.  Discuss referring to relevant judgments of the Hon' ble Supreme Court.
10
10.    (a)  There are many provisions in Constitution of India which secures independence and impartiality of the judiciary.  Discuss those provisions and refer to important judgments of the Hon'ble Supreme Court.                             10
(b)  In order to ensure availability of timber to the common man at a reasonable rate, the State of U.P. declared timber as an essential commodity and imposed a total ban on the movement of timber from Uttar Pradesh to any other area outside the State.  The total ban is challenged as violative of article 301 of the Constitution.  Decide.                     10