Civil Law I

Haryana Civil Service  (Judicial)
Examination  1999
Civil Law Paper – I
Time  :  Three Hours                                                                                                                                                                                                Maximum Marks  :  200
Note  :  Attempt any Eight questions only.
Q.  1(a)  Discuss the statement that an executing court cannot go behind the decree. What are the questions that may be determined by the court executing the decree  ?
(b)  What do you understand by the pecuniary jurisdiction of a court  ?  Will a court be competent to hear a suit exceeding its limits if the parties to the suit have given their consent  ?
(c)  Discuss the powers of the court to grant temporary injunction.
Q.  2(a)  Explain constructive res judicata.
(b)  Who is an indigent person  ?  What is the mode of instituting suits by such person ?
(c)  Can revision befiled against an order of a court disallowing an important question put to witness ?
(d)  A files a suit against B for possession of House-X on the ground that the house belonged to deceased C, who made a will of the house in his favour.  A fails to prove the will.  Hence, his suit is dismissed Now, A files a fresh suit for getting the house against B on the new Ground, not taken in the previous suit, that he being the nearest heir of C is entitled to get the house.  Is this suit maintainable  ?
Q.  3(a)  'Unless a right of appeal is clearly given, by statue, it does not exist'.  Comment.  Can an appellate court reverse a decree on the ground of misjoinder of parties  ?
(b)  Does the Code of Civil Procedure make any provision for preventing courts of concurrent jurisdiction from trying at the same time two parallel suits in respect of the same matter in issue  ?  If so, what  ?  Discuss.
(c)  A transport company has its head office at Chandigarh and branch offices at Chennai, Jaipur and Mumbai.  A dispute cropped up between Sam and the Company in respect of a transaction made through Chennai office.  Sam files a suit in respect of this dispute against the company in a court at Jaipur.  How the court will decide  ?
Q.  4(a)  "All admissible evidence is relevant, but all relevant evidence is not necessarily admissible".  Comment.
(b)  Point out whether in the following cases the facts sought to be proved are relevant.
(i)  A is charged with shooting at B with intent to kill him.  In order to prove A's intent the prosecution wants to prove the fact that A has earlier shot one C.
(ii)  A is tried for rioting and is proved to have marched at the head of the mob; the prosecution wants to prove that the mob was shouting.
(c)  On a dark night, a murder was committed in Delhi.  Nobody is named as the murderer.  The Sub-inspector of police went to the locality to investigate.  While he was investigating, one Abhay came to him and said that he committed murder.  After that Abhay was arrested and became accused in the case and was tried of the offence of murder.  Discuss the validity of the aforesaid confession statement of Abhay.
Q.  5(a)  When a witness is cross-examined, what other questions can be asked in addition to the question relating to the incident  ?
(b)  How would the court decide that a particular question is proper or intproper  ?
(c)  A woman prosecutes a man for picking her pocket.  Can this question that she had given birth to an illegitimate child ten years before be asked  ?
Q.  6(A)  Distinguish between rebuttable and irrebutable presumptions  ?  IIIustrate.
(b)  Sita informed Ram in the year 1988 that she had committed theft of the ornaments of her neighbour.  Thereafter, Sita and Ram were married in 1989. In the year 1992 prosecution was started against Sita in respect of the theft of ornaments.  Ram is called to give evidence in this case.  Can Ram disclose the communication made to him by Sita  ?
(c)  A and B are jointly tried for the murder of C.  It is proved that A said, B and I murdered C.  Can the court consider the effect of this confession against B  ?
Q.  7(a)  "The law of contracts, as contained under the Indian contract Act, is not the whole of the law relating to contracts nor is it the whole of the law of obligations".  Discuss this statement
(b)  There was a contract between X and Y for the carriage of a cargo, of goods belonging to Y.  There was another contract between X and Z for the unloading of the cargo from X's ship.  Y's goods were damaged through Z's negligence during unloading.  Y claims damages from Z.
Z relying on a clause in the contract between X and Y exempting X from any loss or damage occasioned by the negligence of himself or his servants, decline to pay.  Advise Y.
(c)  A, a minor aged 17, represented to B, a moneylender, that he was 19 years old and then asked for a loan of Rs. 500/- stating that the amount was urgently required by him to complete his Higher Secondary education.  The moneylender with out making any further enquiry lent the amount to A.  can the moneylender recover the amount from A after 2 years  ?
Q.  8(a)  Critically discuss the following  :
(i)  Consequences of the absence of consent and free consent.
(ii)  Conditions of enforceability of the standard form contracts.
(iii)  Novation and accord and satisfaction
(b)  An electrical company entered into a contract with a fertilizer company for supply of transformers, the price to be firm there being no provision for escalation in price.  Subsequently due to a hike in petroleum prices, the prices of transformer oil, an essential ingredient, of a transformer, were increased by 400%.  Can the supplier back out of the contract on this ground  ?  Discuss with reference to the relevant provisions of law.
Q.  9(a)  When may the court order specific performance of the contract and when it must refuse to do so  ?
(b)  A files a suit against B for declaration that house X belongs to him.  He also prays for delivery of possession of the house to him.  The court passes a declaratory decree in favour of A and order that possession of the house be delivered to A.  Now, C files a suit against A for delivery of house X to him on the ground that the house belongs to him.  A pleads in defence that the court has already made a declaration that house X belongs to him.  Will the court accept this defence  ?
(c)  A appoints B as trustee of his property with specific direction to give the property on lease for five years.  B enters into a contract with C to lease out this property to him for ten years.  Is this contract specifically enforceable  ?
Q.  10(a)  What are the main points of difference between an action for possession under section 9 of the Specific Relief Act and for recovery of possession based on title  ?
(b)  Can the following contract be enforced  :
(i)  A contract to execute to mortgage.
(ii)  A contract to construct building.
(iii)  A contract to translate book into another language.
Q.  11(a)  Examine the correctness of the following statements.
(i)  "Registration of firm though not compulsory, is practically necessary".
(ii)  "Partners are bound to be just and faithful to each other".
(b)  Discuss the mutual rights and liabilities of partner's inter se
(c)  Ram and Shyam entered into a contract to carry on wheat business in partnership.  The contract is silent as to the duration of the business.  Ram thereafter, denies to carry on business in partnership.  Shyam files a suit for specific performance of contract against Ram.  Will he succeed?
Q.  12(a)  What do you understand by the expression  "Caveat Emptor"?  What exceptions have been admitted to the scope of this principles  ?  Is it true to say that the exceptions have converted the rule into "Caveat Venditor"?
(b)  (i)  Who is an agent  ?
(ii)  What is the difference between an agent and
(A)     An employee.
(B)    An independent contractor.