Civil Law I

PUNJAB SUPERIOR JUDICIAL SERVICE
(MAIN WRITTEN EXAMINATION) 2012
CIVIL LAW – I
Time Allowed :  3 Hours                                                                                                                                                                                                                                          Max. Marks – 200
Note:      (i)  Answer all questions.
(ii)  All questions carry equal marks.  However, the marks carried by each part in a question have been indicated against that part.

Q.1(a)  "In reference to Mohiri Bibi Vs. Dharmodas Ghose discuss contractual liability of a minor under the Indian Contract Act with the help of relevant case law on following grounds  :
(i)  Nature and effect of minor's contract
(ii)  Restitution and Restoration of benefits in minor's Contract
(iii)  Applicability of Doctrine of Estoppel
(iv)  Unjust Enrichment                                20 Marks 
1(b)  Municipal Committee, Nabha (MCN) advertised a public auction on 25.5.2008 at its Head Office at Nabha to sell few old vehicles.  Mr.  Seth was interested in some of the vehicles.  For this purpose, he reached Nabha on the day of auction by morning flight, paying Rs 5000/- as travel expenses.  He stayed in a hotel paying Rs. 3000/-.  When he reached the Head Office, he found that the auction was postponed for a week.  He filed a suit to recover expenses suffered in travelling and lodging.  Based on above facts answer the following questions:-
a.    Whether the contract is concluded?
b.    Explain the nature of advertisement for auction and suggest appropriate plea to MCN.
10 Marks
1(c)  Discuss the doctrine of frustration with relevant case laws?
M, a singer, contracts with N to sing at his theatre and N pays her Rs 1000/- in advance.  M fell ill seriously and became unable to sing on the fixed date.  N files a suit against her demanding the return of the advance money and also for recovering damages for the loss arising to him due to breach of contract.  Decide.                                 10 Marks
Q.2(a)  How will you decide that a suit is of a civil nature?  Are the following suits of civil nature:
(i)  Right to take out religious procession
(ii)  Right of purdanasheen lady to observe Purda
(iii)  Right to franchise
(iv)  BrijJijman Rights
(v)  Right to worship in temple                             10 Marks
2(b)  What are the grounds on which the court may appoint Receiver and Commissioner?  Whether the report submitted by them is mandatory to be considered by the court?         10 Marks
2(c)  In a suit, 10.10.2007 was fixed for final hearing.  On that date the defendants moved an application for adjournment on the grounds of illness.  The prayer was allowed subject to payment of costs and 10.12.2007 was fixed for final hearing.  On this date,  counsel for both the parties were present and the counsel for the defendants after paying the costs moved another application for adjournment.  This application was rejected by the court.  Thereupon counsel for the defendants stated that he had no further instructions and was therefore, withdrawing from the case.  The Court directed that the case would proceed under Order XVII, Rule 3 of CPC.  Thereafter the plaintiff produced his evidence and closed the case.  On 10.2.2008 the suit was decided on merits.  Under these circumstances, whether an application under Order IX Rule 13 CPC lies.  Discuss and state any other remedy, if available to the defendants?                                     10 Marks
2(d)  A plaintiff gives notice under Section 80 of Civil Procedure Code and institutes a suit before two months but is allowed to withdraw the same with liberty to file a fresh suit.  Is he entitled to file a fresh suit without a fresh notice?  Explain.                         10 Marks
Q.3(a)  What is the difference between:
(i)  Doctrine of Limitation and Prescription
(ii)  Doctrine of Limitation and Laches
(iii)  Doctrine of Limitation and Acquiescence
(iv)  Section 5 and section 14 of the Indian Limitation Act.             20 Marks    
3(b)  A, on separation from his wife, settled upon her a house worth Rs 50,000/- in lieu of her right of maintenance of separate residence, through an unregistered document.  On a dispute between the parties, the wife wanted to produce the said document in evidence.  A raised an objection that the document required compulsory registration and as such inadmissible in evidence.  Decide the objection?
10 Marks
3(c)  Shiv Kumaran presented a document written in Tamil for registration.  The Registering Officer refused to register it on the ground that he did not know the language.  Advise Shiv Kumaran.
10 Marks
Q.4(a)  A, a famous actress of the bollywood entered into an agreement with the Board of Cricket Association (BCA) to perform on the inaugural function of T-20 international cricket tournament on 2.5.2011.  Subsequent to this agreement, A received another offer from the Olympic Association for performance during its inaugural function which she accepted and entered into an agreement of performance.  Coincidentally the inaugural dates for both is 2.5.2011.  On 25.4.2011, A informs the BCA that she would not be able to perform.  BCA files a suit for specific performance of agreement against A.  A, contests the suit pleading that relief of specific performance cannot be allowed.  Write a judgment and discuss the relevant provision of law.                     10 Marks
4(b)  X filed a suit for permanent and mandatory injunction against Y alleging that Y was threatening to dispossess him from his premises and had erected a wall in front of X's door thereby blocking his entry into his own house.  X prays for interim mandatory injunction directing Y to remove that wall so that he may use his premises.  Y opposes interim mandatory injunction on the main ground that its grant would amount to decreeing the suit.  Discuss the law and deliver the order.         15 Marks
4(c)  Can the following contracts be enforced specifically?
(i)    A contracts for the sale of property which is under attachment by court's order.
(ii)    Mere agreement to enter into a contract
(iii)    A contracts to write a book for B.  He writes the book but refuses to assign copyright and hand over the manuscript to B who then sues A for specific performance.
15 Marks
Q.5(a)  What are the principles of lis pendens?  Is there any exception to this principle?  Explain with case law.                                     10 Marks
5(b)  A is the owner of two properties X and Y.  A mortgages X to B for rupees 200/- and then both X and Y are mortgaged to C for 400/-.  A sells X to D.  The value of each of both these properties is 500/-,  The prior mortgage money of 200/- is paid out of property of X.  C recovers the amount of 400/- from A.  Whether A can file a case against D for the contribution to the mortgage-debt.  If no, then why.  If yes, then under what provision and for what amount D will be held liable?         10 Marks    
5(c)  Name some of the documents which are compulsorily registerable according to Transfer of Property Act, 1892 and the Registration Act, 1908 and state within what time a document compulsorily registerable can be presented for registration, from the date of its exection?     10 Marks
5(d)  In 2005, Food Corporation of India invited offers from landowners for construction of plinth and other facilities for storage purposes and after constructin, to lease to FCI on rent for three years.  A submitted offer.  After negotiation, offer of A at negotiated rate was accepted and agreement on 1.6.2006 was entered into giving details of terms on which A agreed to lease out plinths after construction under lease agreement to be executed between the parties in the prescribed proforma.  Time was essence of the agreement and in case of delay in construction and faulty workmanship, FCI was not bound to take plinths on lease.  A borrowed loan from Bank and raised construction.  FCI took possession on 12.01.2007, but served notice of vacation on 14.09.2008.  A filed suit for damages for breach of contract.  Main defence of FCI is that in absence of registered lease deed the parties were not bound by the period of lease as the agreement was unenforceable and in absence of valid agreement, tenancy was month to month and liable to be terminated under section 106 of Transfer of Property Act, and hence A cannot claim damages?
Decide by giving reasons.                                 10 Marks