UP PCS (J) Guess Paper 2019
Constitution of India and Polity
➢ Importance of Preamble
➢ Doctrine of Severability and Eclipse (Article 13)
➢ Article 14 - Rule of Law
➢ Equality and Arbitrariness are sworn Enemy? Comment
➢ Whether Indian Constitution permits protective classification?
➢ Whether Article 13 applicable on personal Law?
➢ Right to information and right to be inform
➢ Critically analyse judgement of Maneka Gandhi case
➢ In India Secularism does not mean anti-religion but tolerance to all religion?
➢ “PIL is not pill for every ill.” Explain this.
➢ Whether “Right to Privacy is FR” (KS Puttaswami Case)?
➢ Whether judiciary usurping the functions of other organs of government. Wright down the situation of judicial activism in India.
➢ FR and DPSP relationship.
➢ FD’s are not to destroy FR but to balance it.
➢ In India President is titular head, real power west in council of minister.
➢ Write down the current position in case of appointment of Judges of SC/HC.
➢ Write down the roll of green tribunal in case of air pollution.
➢ Freedom of trade and commerce.
➢ Article 310 and 311 (Protection of civil servant)
➢ Provisions regarding emergency.
➢ Constitutional Morality & Social Morality
➢ New Cases on Constitution
➢ Sarkaria Commission
➢ G.S.T. & 101st Amendment.
➢ Triple Talaq
➢ A. 35A Validity of Jammu Kashmir Resettlement Act.
POLITY
➢ Money Bill, Expenditure charged on CFI, Appropriation Bill, Vote on Account, Supplementary Grants, Policy Cut, Token Cut, Economy Cut, Public Account Committee, Estimate Committee, on Public Under taking, CAG, JPC.➢ Whether Governor is an agent of Central Government?
Indian Contract ACT
➢ S. 10A I.T. Act➢ Communication of Acceptance when complete? (through post, telephone)
➢ Nature of minor’s agreement and voidable contract
➢ Difference between void agreement and voidable contract
➢ Define and explain with examples public policy
➢ What do you understand by Doctrine of frustration? It is applicable in India also?
➢ What is quasi contract?
➢ Breach of Contract
➢ Difference between indemnity and Guaranty
➢ Privity of Contact
TRANSFER OF PROPERTY ACT
➢ Define actionable claim. How it can be transfer?➢ Rule against double possibility.
➢ Rule against perpetuity and exception. Difference b/w Indian Law and English Perpetuity.
➢ Doctrine of Election (S.35) and Equitable Doctrine of Election.
➢ Rule of accumulation
➢ Doctrine of acceleration
➢ Holding Out
➢ Part Performance
➢ Clog on Redemption (Once mortgage always Mortgage)
➢ Define lease how it can be terminated?
➢ Define gift with case laws.
➢ Read illustration of section 25, 27, 31, 35, 115, 126, 132
HINDU LAW
➢ Whether Hindu marriage is contractual or sacramental?➢ Judicial separation and divorce.
➢ Problem on Women State (section 14 HAS)
➢ Cruelty and desertion
➢ Problem on adoption and Surrogacy.
MUSLIM LAW
➢ Importance & Applicability of Shariyat Act.➢ Widow’s right of retention (Maina Bibi v Choudhry Vakil Ahmad).
➢ Constitutional validity of Triple Talaq and Halala. Conditional and Contingent Talaq. Validity of Talaq Pronounced by drunken Person.
➢ Gift of Life interest in Muslim
➢ Provision of Wasiyat
➢ Validity of Nikah and Talaq on Mobile
➢ Right of maintenance of Muslim Wife
➢ Hiba, revocation of Hiba, Conditional and Contingent Gift, Gift to Juristic & Unborn Person.
SPECIFIC RELIEF ACT
➢ Changes in 2018 in SRA (S.20)➢ Section 4, 5 and 6
➢ What contract can’t be specifically perform?
➢ Granting Specific performance is discretion of court
➢ Difference between rectification recession and cancellation of contract
➢ Injunction
PARTNERSHIP ACT
➢ Definition of Partnership➢ Right and Duties of partner
➢ Doctrine of holding out
➢ Dissolution of firm by court (S.44) & on equitable ground
➢ Minor as partner
➢ Effect of non-registration firm (2016 PSCJ)
TRUST ACT
➢ Define trust. Kinds of Trust. How it can be terminated?
➢ Breach of Trust
➢ Disability of trusty
➢ Right of beneficiary (2016 PCSJ)
TORT
➢ Vicarious liability of state (2016)➢ Medical negligence
➢ Strict liability
➢ Malicious Prosecution and False Imprisonment. Whether Company is liable for M.P.?
➢ Defamation. Defence in Defamation. Whether simple abuse is defamation?
EASEMENT ACT
➢ Define easement. How it can be created?➢ Easement of necessity and quasi-necessity.
IAS NEXT, 2nd floor, Shahar plaza, Munshipuliya, Opp. Canara Bank, Indira Nagar, Lucknow
Ph. No. - (0522) 4241011 Mobile No. - 09454721860
➢ Define license whether it can be transferred? How it can be revoked? Difference between lease and license. (2016 PCSJ)
PAPER - III (LAND LAW)
➢ Consequence of abolition of Zamindari.➢ Who are BTR? Restriction (2016)
➢ Rights of BNTR.
➢ Consequence of transfers (lease, sale, mortgage) in violation of provisions of Land law.
➢ Problem on succession (male and female property)
➢ Allotment of land for agricultural and housing site
➢ Compensation and rehabilitation grant
➢ Mutation
RENT CONTROL ACT
➢ On what building these acts not apply?➢ Define standard rent. How it can be determine?
➢ What is deemed vacancy?
➢ Allotment and release of building
➢ Eviction of tenant.
UP URABAN PLANNING ACT
➢ Development Authority and its constitution➢ Advisory committee
➢ Master plan and zonal development plan
➢ Procedure for approval of plan
CONSOLIDATION OF HOLDING ACT
➢ Definition - Consolidated Area, Consolidation, Chak➢ Meaning, Object and benefit of consolidation
➢ On what land consolidation will not apply?
➢ Effect of notification.
➢ Meaning and confirmation of provisional consolidation schemes
➢ Closure of consolidation operation
UP PANCHAYATI RAJ ACT 1947
➢ Constitution and function of Gram Panchayat➢ Removal & Election of Pradhan. Election of Up-Pradhan.
➢ Nyaya Pamchayat
➢ Power of state government to make laws.
UP MUNICIPLATITY ACT, 1916
➢ General functions➢ Composition of municipality
➢ Disqualification of membership
➢ Removal of President
➢ Power of DM (S. 32-35)
➢ Election of president
➢ Municipal Taxes
INDIAN PENAL CODE (50 MARKS)
➢ Doctrine of mens-rea (2016)➢ Difference between preparation and attempt (2016)
➢ Mistake of fact is defence, mistake of law is no defence
➢ Section 84 (medical and legal insanity)
➢ Criminal conspiracy
➢ Common intention vs. common object
➢ Difference between CH and murder
➢ Grave and sudden provocation
➢ Section 354 A,B, C and D (2016)
➢ Difference between kidnapping and abduction, riot and affray, theft and extortion, wrongful restraint (Problems from book) and wrongful confinement
➢ Cr. Amendment, 2018
➢ Constitutional validity of S. 309, 377, 497, 499.
PAPER - II
➢ PLAINT AND WS FOR M.P. (2016), SPECIFIC PERFORMANCE OF CONTRACT, Ejectment of Tenant➢ JUDGEMENT CRIMINAL JUDGEMENT ON THEFT, DOWRY DEATH
CPC
➢ What is civil nature suit and its example?➢ Constructive RJ
➢ RJ between co-defendant (2016)
➢ Problem of place of suing (Section 19 and 20)
➢ What cannot be attached on execution of decree? (Section 60)
➢ Reference, review and revision
➢ Set-off (O8R6 all illustration, difference between legal and equitable set-off, difference between set-off and counter-claim) (2016)
➢ Order 33 Indigent Suit (2016)
➢ Attachment before judgement (2016)
➢ Interpleader suit (O 35) (2016)
➢ Amendment Power, Inherent Power and Discretionary Power (S. 151) (Seth Manoharlal v Seth Heeralal)
CRPC
➢ Cr. Amendment, 2018. FIR related problem.➢ Section 31
➢ Procedure for arrest - Section 41, 41 (A to D)
➢ Summon to government servant and army persons
➢ Proclamation and attachment
➢ Charge (Section 111 to 223) - all questions
➢ Difference between trial of complaint cases and cases instituted on PR
➢ Summary trial
➢ Confirmation of death proceedings
➢ Illustrations of Sec. 213, 215, 300
EVIDENCE ACT
➢ Res-Gestae➢ Direct and circumstantial evidence
➢ What fact are not otherwise relevant become relevant Section 11
➢ Define admission who can made it (Section 17 to 21) (2016 PCSJ)
➢ Difference between confession and admission
➢ Relevancy and admissibility are not synonyms. Comment.
➢ Presumptions
➢ Estoppel. Equitable & Promissory Estoppel.
➢ Accomplice and evidentiary value of his testimony
➢ Study illustrations of Section 7, 9, 14, 21, 34, 43, 91, 92, 149, 153
Important Essay
1. Uniform Civil code (Triple Talaq)2. Problem of child labour
3. Problem on Cyber Crime
4. Global warming- Flood, Draughts, Cyclone.
5. Independence of Judiciary-NJAC.
6. Empowerment of women.
7. Constitutional & Social Morality.
8. Euthanasia & Its Legality.
9. LGBTQ.
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