Civil Law I

Haryana Civil Service  (Judicial)
Examination  2006
Civil Law  -  Paper  I
Time  :  3  Hours                                                                                                                                                                                                                                            Maximum Marks  :  200
Note  :  Attempt any five questions.  All questions carry equal marks.  It is compulsory to attempt at least one question from each part.
PART  "A"
Q.  1.(a)  Explain if the rule of conclusivencess of foreign judgment is different in its operation from the rule of res judicata.
(b)  Can a court in India consider whether conclusions reached in a foreign judgment are supported by the evidence or are otherwise correct  ?
(c)  When and how a decree of any oreign court can be executed in India  ?
Q.  2.(a)  Explain if and when  ;  (i)  interest prior to the date of the suit, (ii) interest pendent lite and (iii) future interest can be totally declined or granted at 6% p.a.  or at the contractual rate by the Court.
(b)  Can the court award interest  :
(i)  on the aggregate amount which includes the principal sum and the amount of interest;
(ii)  at a rate higher than what was contracted between the parties;
(iii)  in a suit which is not simpliciter for money;
(iv)   by way of damages;
(v)   while executing a decree;
(iv)  in an appeal.
Q.  3.(a)  Explain the rules governing denials by the defendant in his written statement.
(b)  What are the conditions that msut exist for making an application for the execution of cross-decree?
(c)  What is the procedure for attaching agricultural produce in the execution of a decree  ?
PART  "B"
Q.  4.(a)  Mention the circumstances in which a contract by a minor is : (i) void, (ii) voidable or (iii)  valid.
(b)  a promissory note was signed by a minor in consideration of money received by him.  On attaining majority, he ratifies that promissory note.  Can the creditor enforce it  ?
Q.  5(a)  Explain, with illustration, the difference between illegal and void contracts.
(b)  When is consideration or object of an agreement said to be opposed to public policy  ?  Mention case law.
Q.  6.(a)  When is a carrier presumed to be the buyer's agent to take delilvery of goods from the seller  ?
(b)  The defendant contracted to purchase 300 liters of apple juice from the plaintiff who crushed the apples and kept the juice ready for delivery.  The defendant did not take the delivery in time and delayed taking delivery.  The juice went putrid and had to be thrown away by the plaintiff, though he was in a position to sell the goods elsewhere.  But the plaintiff had not done so.  Was the defendant liable to pay the price  /
(c)  Under a contract of sale of 100 barrels of rum made from molasses, 50 barrels were delivered.  The buyer pressed for delivery of the remainder but the seller delayed.  In the meantime, distillation of spirits from molasses was prohibited by an Act of parliament and all contracts for the sale of such spirits stood annulled.  Is the seller liable in damages as having failed to deliver the remaining 50 barrels of rum  ?
PART "C"
Q.  7.(a)  When can a person, who being not the owner is dispossessed of immovable property recover possession thereof  ?
(b)  Can a person recover possession of immovable property if he was dispossesse3d  :-
(i)    being a tenant holding over after the expiry of the term;
(ii)    being a trespasser;
(iii)    by a person having good title;
(iv)    only partially;
(v)    by the Government.
Q.  8.(a)  Discuss the principles and the restrictions regarding the grant of : (i) temporary injunction, (ii)  perpetual injunction and (iii) mandatory injunction.
(b)  Can a mandatory injunction be granted on an interlocutory application in a suit  ?
(c)  Can the court grant temporary injunction in exercise of its inherent powers in a case  ?
PART  "D"
Q.  9.  (a)  Explain the difference between primary and secondary evidence.
(b)  Two wills in identical language were prepared by the process of typing in which the second copy was obtained by carbon impression.  Both were executed and attested.  The testator inserted a remark "true cop" on one of them.  Can both the wills be treated to be original and as primary evidence  ?
(c)  A sale-deed is duly registered and an entry made by the Registrar in the register book.  Can the registered sale-deed and the aforesaid entry be treated as public documents  ?
Q.  10.(a)  Explain the difference between  :-
(i)    a private limited company and partnership;
(ii)    co-ownership and partnership;
(iii)    joint Hindu family business and partnership.
(b)  Explain the following statement  :-
"The law of partnership is but an extension of the law of principal and agent".