Civil law I

Haryana Civil Service (Judicial)           
Examination 1996
Civil Law Paper – I
Time  :  3 Hours                                                                                                                                                                                                                                Max. Marks : 200
Note  :  Attempt any eight questions.
Q.  1  What is meant by 'Res-Judicata'?  What is the public policy behind this principle  ?  Whether the provisions contained in the code of Civil Procedure are exhaustive ?  Whether the principle of Res-judicata applies to execution proceedings  ?  When a judgment operates as Res-judicata between co- defendants  ?  Answer the different aspects under separate sub- headings.
Q.  2  (a)  Who is a minor under the Indian Law  ?  State the procedure to be adopted for a suit by or against a minor and persons of unsound mind.  A compromise decree is passed in a suit involving the interest of minor.  Can the minor challenge such decree  ?  If so, on what grounds?
(b)  Discuss the validity of the following  :-
(i)  decree against a person of unsound mind, supposing him to be of sound mind.
(ii)  decree passed against a minor in a suit in which he is not represented by a guardian ad litem.
(iii)  a person who was a minor at the date of the institution of the suit with a properly appointed guardian ad litem attains majority during the pendency of the suit: but no steps are taken to remove the guardian ad litem and decree is passed against him as a minor.
Q.  3  (a)  Mr. X claims a right of light and air through two windows of his house which open towards Mr. Y's land.  Mr. Y does not recognize this claim and starts constructing the house in such a way that Mr.  X will naturally get less light and air through the windows of his house.  Mr. X wants to file a suit against Mr.  Y for some permanent relief and also wants an immediate relief during the pendency of such suit.  Advice what permanent and immediate relifefs may be claimed by Mr. X and under what provisions of the statutory laws.  What shall have to be pleaded and argued by Mr. X to ensure the claim of an immediate relief from the court  ?
(b)  Distinguish between Appeal, Revision, Review and Reference.  Can there be a second Review or a second Revision  ?
Q.  4(a)  What conditions are necessary for converting a proposal into a promise; a promise into an agreement and an agreement into a contract?  IIlustrate your answer.
(b)  A teaches his parrot to recite an offer and sends the parrot to B.  The bird repeats the recitation before B, who says 'yes' to the offer.  Is this a valid offer and acceptance, giving rise to an agreement ? Give reason for your answer.
(c)  A wrote to B offering to purchase his car for a particular price and also added that in the event of B not replying him, A would consider the proposal to have been accepted.  B does not reply.  It there a contract  ?
(d)  A during his minority takes loan of Rs. 20,000/- from B and executes a pronote in favour of B.  When A becomes a major he writes another pronote in favour of B in place of the old pronote, but fails to pay the debt.  B files a suit against A for recovery of the said amount on the basis of the new pronote.   Will B succeed?
Q.  5(a)  On B's request A lent gratuitously his scooter to B for his use for one week.  After tow days A urgently needs his scooter and required its return from B.   B refuses to return the goods unless he is indemnified for his damages @ Rs. 100 per day, which he would suffer due to the premature delivery of the scooter.  Decide the rights of A and B in such a situation.
(b)  The liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the contract."  Explain this and discuss the liability of a surety for the payment of a loan where is subsequently turns out that principal debtor is a minor and therefore the laon to him is void.
(c)  Discuss the rights and liabilities of an undisclosed principal of an agent and the third party to the contract, in case of such undisclosed principal.
(d)  Distinguish between a sub-agent and a substituted agent and discuss their rights and liabilities.
Q.  6  Answer the following referring to relevant provisions of law and reasoning  :-
(a)  A agrees to sell to B 100 bags of flour which are in his store room.  Before the date of delivery the store room of A got flooded with water  ?  Consequently the 100 bags of flour get destroyed.  Does B have any right against A  ?
(b)  A sells a scooter to B.  When B goes out with the scooter he is arrested by the police on the charge of keeping stolen property: as the scooter belongs to C.  Can B sue A and for what remedy, if any?
(c)  A was shopping in a super market he picked up a bottle of soft drink from a shelf with intention to buy it.  While he was examining it, the bottle exploded in his hand and injured him.  A sued both the management of the super market and the company which had bottled the drink, to recover damages for breach of condition arising from the sale of food.  Will he succeed?
(d)  A delivers a jewellery to B on approval specifying that in case of non-acceptance it should be returned within 15 days.  B begins to use the jewellery without communicating his acceptance.  after 10 days the jewellery is stolen from B's house.  Can A recover the price of the jewellery from B?
Q.  7  (a)  What are the essential determinants of partnership  ?  Distinguish partnership from a company.
(b)  "Partnership by holding out is the extension of the doctrine of estoppels"  Explain how can such a partner save himself from any future liability of such firm  ?
(c)  What are the limitations on the implied authority of a partner in a firm ? When such authority is automatically extended and upto what extent  ?
Q.  8  (a)  Detail the circumstances under which specific performance of a contract cannot be inforced.
(b)  Consider if any remedy under the Specific Relief Act is available to B  :
(i)  A denies that B is his son.
(ii)  A agrees to lend B Rs. 20,000 on interest but later refuses.
(iii)  A, a film actress agreed that she would render her exclusive services to B for a certain period and would not during that period render any services to another person.  However, in breach of the agreement she entered into an agreement to act for another film company.
(iv)  A improperly uses the trade mark of B.
(v)  Mr. A and Miss B enter into an agreement that the shall marry each other and none else during their life.  A in breach of the agreement is going to marry another woman.
(vi)  A illegally dispossesses B of a plot of land.
Q.  9  (a)  What are the main points of difference between on action for possesvion under section 6 of the Specific Relief Act and on action for recovery of possession based on title.
(b)  What are the essential conditions for obtaining a declaratory decree under section 34 of the Specific Relief Act  ?
(c)  A is dispossessed of a certain land by B.  A brings a suit against B for a mere declaration of his title to the land.  Can the court grant the declaration prayed for  ?
(d)  Discuss briefly the principles underlying rescission of contracts by the court.  When the court may refuse to rescind a contract  ?
Q.  10(a)  What facts are considered relevant under the Indian Evidence Act ?  IIIustrate your answer.
(b)  What is distinction between relevancy and admissibility of facts  ?  IIIustrate.
Q.  11  (a)  "Oral evidence can not be substituted for the written evidence of any contract, which the parties have put into writing.  "Discuss and illustrate.
(b)  What is meant by "Patent ambiguity" and "Latent ambiguity"?  How for oral evidence is admissible to explain or amend each of such ambiguities in documents.  IIIustrate.
Q.  12  Write explanatory notes on the following  :-
(a)  Burden of Proof
(b)  Estoppel
(c)  Privileged communication
(d)  Judicial notice
(e)  Hearsay evidence