Civil Law I

Haryana Civil Service (Judicial)
Examination 1998
Civil Law paper – I
Time – 3 Hours                                                                                                                                                                                                                               Max Marks. 200
Note  :  Answer any Eight questions only.
Q.  1(a)  What is the procedure regarding the settlement of disputes in connection with execution, discharge or satisfaction of a decasue before the execution court  ?  Can separate suit be filed for settlement of such dispute ?
(b)  State the circumstances in which a person aggrieved by the judgment of the court may apply for review of its judgment  ?
Q.  2(a)  Distinguish between Resjudicata and Res subjudice.
(b)  When does a suit stand abated  ?  What do you understand by complete and partial abatement  ?
(c)  A Plaintiff who is entitled to sue for possession and damages files a suit for possession only.  The suit is decreed.  Can he file a suit for recovery of damages  ?  Give reasons for your answer.
Q.  3(a)  Explain the provisions relating to unpaid seller's lien and stoppage in transit  ?
(b)  (i)  A purchases a hot water bottle from a chemist mentioning the specific purpose for which he requires it.  The bottle, while being used by A's wife bursts and A's wife is injured.  What are the remedies of A against the chemist?
(ii)  A purchased rice from B being the whole content of a godown.  A had paid earnest money and had taken delivery of a part of rice.  Before the rest could be taken away, it was destroyed by fire.  Who will bear the loss  ?
Q.  4(a)  "Acceptance is to an offer what a lighted match is to a train of gun power".  Explain with reference to its conditions and incidents as dealt within English and Indian laws.
(b)  How far is it true that an agreement without consideration is void?
Q.  5(a)  Distinguish between the contract for indemnity and guarantee.  How far do you agree with the maxim of law that you must be damnified before you can claim to be indemnified  ?  Refer to relevant judicial pronouncements.
(b)  The plaintiff handed over to the defendant certain jewels for the purpose of being melted and utilized for making new jewels.  Every day as soon as the defendant's work for the day was over, the plaintiff used to receive half made jewels from the defendant and put them into a box in the defendant's room, without handing over the key to the defendant.  One night the jewels were stolen from the defendant's room.  Discuss the remedy available to the plaintiff if any.
Q.  6(a)  Sharing of the profits is only a prima facie evidence of the existence of partnership.  The conclusive test is that of mutual agency.
Explain the above statement and refer to decided cases.
(b)  Determine the existence of partnership in the following situation and give reason in support of your answer  :
A partnership firm was financially embarrassed and therefore, made a compromise with their creditors B C D & E.  Under the compromise the property of the firm was assigned to all the four creditors.  They were empowered to carry on business, to share the profits among themselves, till the debts have been discharged.
Q.  7(a)  What do you understand by the implied authority of a partner  ?  Discuss the scope of implied authority and statutory restrictions thereon  ?
(b)  Discuss the situations in which a person who is not a partner infact, is liable as if he were partner.  Refer to statutory provisions and decided cases.
Q.  8(a)  "As a general rule, the court will not direct the specific performance of a part of a contract".  Comment.  Is there any exception to the above rule  ?
(b)  Discuss the provisions of Specific Relief Act, relating to recovery of possession of immovable property.
(c)  A, a singer contracts with B, the manager of a theatre for two nights in every week during the next two months.  B agreed to pay A Rs. 500/- for every night.  On the sixth night A willfully absents from the theatre and B, in consequence rescinds the contract.
Are A and B entitled to claim any compensation  ?  If so, for what  ?  And under what provisions of law  ?
Q.  9(a)  What do you understand by the doctrine of 'feeding the grant by estoppel'?  What is the impact of the doctrine on purchaser's rights against vendor's imperfect title  ?  Refer to statutory provisions  ?
(b)  What do you understand by the Cancellation of instruments  ?  When Cancellation may be ordered ?  What is the principle of compensation on cancellation  ?
Q.  10(a)  Discuss the object of examination-in-chief, cross-examination and re-examination.
(b)  What conditions must be satisfied by a person before he can raise the plea of estoppels?
Q.  11(a)  Define 'admission' and enumerate the persons whose admission constitute evidence against another person.  Distinguish between admission and confession  ?
(b)  What do you mean by a dying declaration ? Discuss the evidentiary value of a 'dying declaration'.  Refer to decided cases.
Q.  12  Write short notes on the following :-
(i)  Leading question
(ii)  Evidence of accomplice
(iii)  Circumstantial evidence
(iv)  Privilege Communication