Allahabad High Court, Skill Test Practice Passage - 1 & 2

Typing Passage Practice for Allahabad High Court, APS Skill Test:

 

Practice Set: 1

 SCC Online 235 (2022)

Supreme Court of India

  Hon'ble Judge(s): M. R. Shah, B. V. Nagarathna , J.J.

 

Ram Krishna                                                      Vs.                                   State of UP and others

 

(A)   Penal Code (45 of 1860), S.498A— Evidence Act (1 of 1872) , S.3— Cruelty - Allegations that deceased killed herself by flaring due to facing torture at hand of her mother-in-law for want of jewellery - Testimony of mother and father of deceased duly corroborated by each other regarding torture and harassment faced by their daughter from mother-in-law for dowry - Their credible testimony not shaken in cross-examination - Concurrent findings of facts recorded by lower Courts on cruelty by mother-in-law - Conviction, proper. (Para 7) (B) Penal Code (45 of 1860) , S.53, S.498A— Sentence - Offence of cruelty - Delay in concluding trial cannot be a ground for not imposing punishment or to impose sentence already undergone - Husband of deceased was staying abroad, so it was duty of mother-in-law to to take care of her daughter-in-law rather than torturing her for jewels - No leniency is required to be shown.

 

(B)   Penal Code (45 of 1860) , S.304B, S.498A— Dowry Prohibition Act (28 of 1961) , S.2— Evidence Act (1 of 1872) , S.3— Dowry death and cruelty -Proof- Deceased committed suicide by flaring within 4 years of her marriage when she was pregnant - Consistent testimony of her uncle and maternal uncle that within 6 moths of marriage harassment was started to bring money for construction of house - S. 2 of Act 1961 defines word "dowry" and takes in its ambit any kind of property or valuable security - Findings that demand of money for construction of a house cannot be treated as dowry demand, erroneous - Since deceased was pressurized to make request for money to her mother and uncle, she cannot be said to be party for dowry demand - It was not case of complicity but case of sheer helplessness faced by deceased - Cruelty and harassment by accused soon before her death proved to be in connection with demand for dowry - Conviction under Ss. 498A and 304B, proper - However, sentence of RI for life

Typing Passage Sample for Allahabad High Court, APS Skill Test:

Practice Set: 2

SCC Online 235 (2022)

Supreme Court of India

Hon'ble Judge(s): M. R. Shah, B. V. Nagarathna , JJ

 

Ballo Singh                                                     Vs.                                    State of UP and others

 

(A)   Criminal P.C. (2 of 1974) , S.439— Penal Code (45 of 1860) , S.302— Bail - Grant of - Challenge as to - Offence of murder of disabled person - Allegations against accused have been narrated in detail - Offence alleged against accused is of grave nature - Postmortem report, proving cause of death as ante mortem strangulation - Accused is a person exercising significant political influence - He was arrested only following protest outside police station demanding his arrest - If bail granted, possibility of influencing witnesses, cannot be ruled out - Order granting bail quashed and set aside. (Para 20 21) (B) Criminal P.C. (2 of 1974) , S.439— Bail - Points to be considered while granting bail, discussed. The Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity of the punishment.

 

(B)    U.P. Imposition of Ceiling on Land Holdings Act (1 of 1961) , S.3(17), S.3(9) — Tenure holder - Status of - Lease in favour of Govt. lessee made under Act of 1895 - Terms of lease deed though provide for sub-lease for agricultural purposes but sub-lessees cannot claim independent tenancy rights contrary to terms of grant - Conjoint reading of Cl. 5 of sub-lease and Cl. 9 of Govt. lease clearly stipulates that acquisition of rights as independent tenure holder can only be made by following stipulations as contained in Cl. 5 of sub-lease and Cl. 9 of Govt. lease - Said stipulations not followed by appellants, sub-lessee - Appellants being sub-lessee continues to be an ostensible holder of land and does not acquire status of an independent tenure holder. Government Grants Act (15 of 1895) , S.2, S.3— (Paras252627283132) (Para 25 26 27 28 31 32).