UP PCS-J Personal and Local Laws Flashcards

24 sample cards from the Personal and Local Laws deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Define Hiba (gift) and state its three essential requisites under Muslim law.

   Hiba is the immediate and unconditional transfer of ownership of property without consideration. Essentials: (1) declaration of gift by the donor, (2) acceptance by the donee, and (3) delivery of possession. No writing or registration is required for validity.

2. What is a Wakf in Muslim law?

   A Wakf is the permanent dedication by a Muslim of any property for purposes recognised as religious, pious or charitable. The ownership is deemed to vest in God; the usufruct is applied for the beneficiaries, and the property becomes inalienable and non-transferable. It is managed by a Mutawalli.

3. What is the rule against bequeathing more than one-third of the estate in Muslim law?

   A Muslim cannot bequeath (by will/wasiyat) more than one-third of his net estate after payment of debts and funeral expenses without the consent of the heirs; a bequest to an heir requires the consent of the other heirs.

4. Define a tort.

   A tort is a civil wrong, independent of contract, for which the remedy is a common-law action for unliquidated damages. The term derives from the Latin 'tortum' meaning twisted or wrong.

5. Explain the maxims 'Damnum sine injuria' and 'Injuria sine damno'.

   Damnum sine injuria = actual damage without violation of a legal right — not actionable (e.g., loss from lawful competition; Gloucester Grammar School case). Injuria sine damno = violation of a legal right without actual damage — actionable per se (e.g., Ashby v. White, trespass).

6. What are the essential elements that constitute a tort?

   (1) A wrongful act or omission by the defendant; (2) the act must cause legal damage (violation of a legal right) to the plaintiff; and (3) the wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages.

7. Explain the maxim 'Ubi jus ibi remedium'.

   'Where there is a right, there is a remedy' — wherever the law confers a legal right, it also provides a remedy for its infringement. It underlies the law of torts (illustrated in Ashby v. White).

8. List the general defences available in an action for tort.

   Volenti non fit injuria (consent), plaintiff the wrongdoer, inevitable accident, act of God (vis major), private defence, mistake, necessity, statutory authority, and judicial/quasi-judicial/parental authority.

9. Explain the defence 'Volenti non fit injuria' and its limits.

   To one who consents no injury is done — a plaintiff who voluntarily and with knowledge assumes a risk cannot sue for resulting harm. Limits: consent must be free (not under fraud, compulsion or to an illegal act), and it does not protect against the defendant's negligence or apply to rescue cases.

10. What is vicarious liability and what relationships give rise to it?

    Vicarious liability is the liability of one person for the tort committed by another due to a relationship between them. Main relationships: master and servant (for acts in the course of employment), principal and agent, and partners for each other's acts in the firm's business.

11. State the test for whether a master is vicariously liable for his servant's tort.

    The master is liable for torts committed by the servant 'in the course of employment' — i.e., a wrongful act authorised by the master, or a wrongful and unauthorised mode of doing an authorised act. He is not liable where the servant goes on a 'frolic of his own'.

12. Define trespass to person — assault and battery.

    Assault is an act that creates in another a reasonable apprehension of imminent harmful or offensive contact (no contact needed). Battery is the actual intentional application of force to another's body without lawful justification. Both are actionable per se.

13. Define defamation and distinguish libel from slander.

    Defamation is publication of a false statement that lowers a person's reputation in the eyes of right-thinking members of society. Libel is defamation in a permanent form (writing, print, picture) and is actionable per se and a crime; slander is in transient form (spoken words/gestures) and generally requires proof of special damage.

14. What is negligence and what are its essential ingredients?

    Negligence is breach of a legal duty to take care resulting in damage to the plaintiff. Ingredients: (1) a duty of care owed to the plaintiff, (2) breach of that duty, and (3) consequential legal damage (with causation/remoteness). Donoghue v. Stevenson established the neighbour principle.

15. Explain the doctrine of 'res ipsa loquitur'.

    'The thing speaks for itself' — where the accident is of a kind that ordinarily does not happen without negligence, and the instrumentality was under the defendant's exclusive control, negligence is presumed and the burden shifts to the defendant to disprove it.

16. State the rule in Rylands v. Fletcher (strict liability).

    A person who, for his own purposes, brings onto his land and keeps anything likely to do mischief if it escapes, keeps it at his peril; he is prima facie liable for all damage which is the natural consequence of its escape — even without negligence. Requisites: dangerous thing, non-natural use of land, and escape.

17. List the exceptions to the rule of strict liability in Rylands v. Fletcher.

    (1) Plaintiff's own default; (2) Act of God; (3) consent of the plaintiff; (4) act of a third party/stranger; (5) statutory authority; and (6) natural use of land / common benefit.

18. State the rule of absolute liability laid down in M.C. Mehta v. Union of India.

    An enterprise engaged in a hazardous or inherently dangerous activity owes an absolute and non-delegable duty; if harm results from escape of a dangerous substance, it is absolutely liable with NO exceptions (unlike Rylands v. Fletcher). Damages are exemplary and correlated to the enterprise's capacity.

19. What is the purpose and key feature of the UP Revenue Code, 2006?

    The UP Revenue Code, 2006 (in force from 2016) consolidates and amends the law relating to land tenure, land revenue, revenue administration and revenue courts in UP, repealing earlier Acts like the UP Zamindari Abolition and Land Reforms Act, 1950 and the UP Land Revenue Act, 1901. It creates a single hierarchy of revenue authorities and courts.

20. What is a 'Bhumidhar' under the UP Revenue Code, 2006, and its two classes?

    A Bhumidhar is the principal class of tenure-holder. (1) Bhumidhar with transferable rights — full heritable and transferable interest; (2) Bhumidhar with non-transferable rights — heritable but transferable only with restrictions. The Code also recognises Asami and Government lessee tenures.

21. What is the object of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972?

    It regulates letting and rent of urban buildings and restricts eviction of tenants — providing the grounds on which a landlord may evict, requiring permission for letting/eviction, fixing reasonable rent, and protecting tenants from arbitrary eviction. It generally applies to buildings at least 10 years old.

22. State the main grounds for eviction of a tenant under Section 20 of the UP Urban Buildings Act, 1972.

    Grounds include: tenant in arrears of rent for at least 4 months and failing to pay within one month of notice; subletting without consent; material alteration/damage to the building; use of premises for a purpose other than let; and acts inconsistent with the tenancy or nuisance/annoyance to neighbours.

23. How is the three-tier Panchayati Raj system structured under UP law (after the 73rd Amendment)?

    Three tiers: Gram Panchayat at the village level (with Gram Sabha as the electorate), Kshettra/Block Panchayat at the intermediate (block) level, and Zila Panchayat at the district level — established under the UP Panchayat Raj Act, 1947 and the UP Kshettra Panchayats and Zila Panchayats Act, 1961, with reservations for SC/ST/OBC and women.

24. How are urban local bodies classified under UP municipal law?

    Under the UP Municipalities Act, 1916 and the UP Municipal Corporations Act, 1959 (post-74th Amendment): Nagar Panchayat for a transitional/small urban area, Nagar Palika Parishad (Municipal Council) for a smaller urban area, and Nagar Nigam (Municipal Corporation) for a larger urban area, classified mainly by population.

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