UPPCS Law Mains Exam Question Paper 2016

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LAW (PAPER-Ill)

Penal, Revenue and Local Laws

Maximum Marks : 200

SPECIFIC INSTRUCTIONS
Candidate should answer six questions in all. Question Nos. 1 and 2 are compulsory and rest two each should be from Section—A and Section—B. :

Marks:carried by each question are indicated at its end.

1. As per thc provisions of the UP Consolidation of Holdings Act, 1953, explain the following

(a). Consolidation area (10 Marks)

(b) Tenure holder (10 Marks)

(c) Aims and object of consolidation of holdings (10 Marks)

(d) Essential requirements of consolidation scheme (10 Marks)

2. As per the provisions of the UP Panchayat Raj Act, 1947, write notes on the following:

(a) Nyaya Panchayat (10 Marks)

(b) Gram Panchayat (10 Marks)

(c) Disqualification for the membership of Gram Sabha (5 Marks)

(d) Election for Gram Pradhan and Upapradhan (5 Marks)

Section—A

3. Explain the following as provided under the UP Municipalities Act, 1916 :

(a) Municipality, Municipal Area and Municipal Council (15 Marks)
(b) Dissolution of Municipality and its consequences (15 Marks)
(c) Regulations for offensive trades (10 Marks)

4. (a) Discuss the restrictions on the rights of the Bhumidhar having transferable rights (20 Marks)
(b) Can a Bhumidhar with non transferable rights acquire rights of a Bhumidhar with transferable rights, If yes, how and when?  (20 Marks)

5(a) In relation to lease his holding, who is disabled person uncicr the UP Zamindari Abolition and Land Reforms Act, 1950, Explain. A cultivator who is not disabled Ica.ses out his holding, What would be the cortscquences of such lease? Explain. (20 Marks)

(b)Mention the restrictions which the UP Zamindari Abolition and Land Reforms Act. I950 has imposed on transkr of agricultural land in UP. (20 Marks)

6.(a) Can a Bhumalhdr with transferable rights bequeath his holding or any part of it?If such Bhumidhar belongs to a Scheduled Caste or Scheduled Tribe, what shall be his position in this regard? Explain. (20 Marks)

(b) Point out the order of inheriumce in the following cases :

(i) A maIe Bhumidhar dies leaving behind his

1  unmarried daughter (4 Marks)

2 mother (3 Marks)

3 father (3 Marks)

(ii) A female landholder dies leaving behind her

(1).husband (4 Marks)

(2). son (3 Marks)

(3) daughter (3 Marks)

SECTION-B

7. (a) What do you understand by mens rea? What is the importance of mens rea under the Indian Penal Code, 1860? Discuss. (15 Marks)

(b) A is married to a female B. B does not remain satisfiedl,her A. One day leaving her husband A, house she goes to the house of her paramour C and there she remains with C as husband and wife. Discuss here C’s offence. (10 Marks)

8(a) Define and distinguish between forgery and cheating. (10 Marks)

(b) A picks up bearer cheque signed B from bank counter. No amount is shown in the cheque. A inserts ten thousand rupees in the cheque. Has A committed any offence? Answer with reasons. (10 Marks)

(C) A takes a golden ring from a goldsmith for showing it to his wife but docs not retum it to the goldsmith. A retains It against the debt due to him from the goldsmith. Has A committed any offence? Answer by giving reasons. (5 Marks)
9. (a) Explain the different forms of outraging of modesty of a woman which in recent past thc Criminal Law (Amendment) Act, 2013 has enumerated under Section 354 the Indian Penal Code, 1860. (10 Marks)

(b) Explain ‘preparation to commit crime’ and ‘attempt to commit crime’, and point out the distinction between them. Answer with the help of suitable illustration or decided cases. (10 Marks)

(c) A goes to a three-star (***) hotel and there consumes foods and drinks to the sum of Rs. 600 knowing that his pockets are empty. He could not pay the amount. What offence has been committed by A? Answer with reasons. (5 Marks)

10. (a) What is Criminal Breach of Trust? What facts are to be proved for such offence? Point out the difference between ‘Criminal Breach of Trust’ and ‘Criminal Misappropriation’. Support your answer with examples. (15 Marks)

(b) .A climbed upon the roof of his house with the help of a ladder. B intentionally pulls the ladder. What offence has been committed by B? (10 Marks)