Civil Law I

Haryana Civil Service  (Judicial)
Examination  2000
Civil Law Paper  -  I
Time  :  3 Hours                                                                                                                                                                           Max.  Marks  200
Note   :  Answer any Eight questions only.

Q.  1(a)  Discuss fully the conditions which are required to constitute a matter res-judicata and comment upon the following statement  "A verdict against a man suing in one capacity will not stop him when he sues in another distinct capacity".
(b)  'A' files a suit for declaration that he is entitled to certain lands as heir to 'B'.  The suit is dismissed.  Can he claim in the later suit title to the same properties on the basis of adverse possession  ?
(c)  A Munsif decided in a maintenance suit that the husband had abandoned his wife and therefore, the latter was entitled to maintenance.  Does the subsequent petition filed by the husband for judicial separation under Section 10 of the Hindu Marriage Act, 1955 operate as res-judicata  ?  give reasons for your answer.
Q.  2(a)  What is an 'inter-pleader suit'?  When and by whom can it be instituted  ?
(b)  When can temporary injunction be granted by a Civil Court  ?
(c)  In what circumstances can the property of defendant be attached before Judgment  ?
(d)  What is the procedure prescribed for suit by or against a firm  ?
Q.  3(a)  What facts are essential in a notice under Section 80 of Civil Procedure Code  ?  What be the effect upon suit against the Central Government, the State Governments or their officers if the said notice is not given  ?
(b)  What is a representative suit  ?  By whom and under what circumstances can such a suit be filed  ?
(c)  When can an aunction sale of immovable property in execution of a decree be set aside  ?  Who can get it set aside  ?
(d)  State the provisions which govern the determination of the place of suing.
Q.  4  Explain and illustrate the following  :
(a)  'Silence may sometime amount to an admission'.
(b)  'No confession made to a police officer is admissible.
(c)  'Oral evidence must in all cases be direct'.
(d)  Facts though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and place.
(e)  'What is in writing shall only be proved by the writing'?
Q.  5(a)  Discuss fully the evidentiary value of retracted confession.  IIIustrate you answer.
(b)  When are the opinions of experts relevant  ?  What is their evidentiary value  ?  Discuss.
(c)  What is 'dying declaration'?  Can an accused be convicted on the basis of dying declaration alone  ?  Cite case law.
(d)  How is the disputed handwriting of a person proved  ?  Examine admissibility of the evidence of a handwriting expert.
(e)  Explain 'Secondary evidence'?  Under what circumstances it is admissible?
Q.  6(a)  Explain the scope of examination-in-chief, cross- examination and re-examination under the Indian Evidence Act.  State briefly their objects.
(b)  What is confession  ?  Distinguish between Judicial and extra- Judicial Confession.
(c)  Distinguish between Latent and Patent ambiguities.  Give examples of such ambiguities.
(d)  Hearsay evidence is no evidence.  Explain and state the exceptions.
Q.  7(a)  Discuss the Doctrine of 'Consideration' under the Indian Contract Act.
(b)  'A' made a contract in the month of June 1985 with 'B' for supplying a machine for Twenty Thousand Rupees by December 1985.  The company which manufactured such machine temporarily stopped the production in the month of November 1985 but the machine was available in black in market for Sixty Thousand Rupees.  Can 'A' rescind this contract  ?  Explain.
Q.  8(a)  Explain "Free Consent" according to the Indian Contract Act.
(b)  Explain the doctrine of frustration or impossibility citing three illustrations.
(c)  Explain clearly the essentials elements of "Wagering Contract".  How is it different from speculative transaction  ?  Explain with illustrations.  Are both of these valid under the law of contract  ?
Q.  9(a)  What principles have been incorporated in the Indian Contract Act for determining the amount of damages to be awarded in the event of breach of contract  ?  Discuss in the light of decided cases.
(b)  All contracts are agreements, but all agreements are not contracts.  What conditions have been laid down in the Indian Contract Act for an agreement to become a contract  /
(c)  'A' owes Rs. 2,000/- to 'B' but the debt is barred by Limitation Act, 'A' signs a written promise to pay 'B' Rs. 1,000/- on account of debt.  Is it a valid contract  ?  Refer relevant provisions of the Contract Act.
Q.  10(a)  "The relation of Partnership arises from Contract and not from status".  Elaborate.  How does partnership differ from Joint Hindu Family  ?
(b)  Examine the rights of the partners in the Contract of Partnership.
(c)  Write short notes on the following  :
(i)  compulsory dissolution of the firm.
(ii)  Rights of an outgoing partner.
Q.  11(a)  Enumerate the essential of a contract of sale.  How does contract of sale differ from agreement to sell  ?  Refer to decided cases.
(b)  What are the effects of goods perishing before sale but after agreement to sell  ?
(c)  Distinguish between the following  :
(i)  Sale and Hire purchase.
(ii)  Sale and Barter.
Q.  12(a)  "The remedies for non-performance of duties are either compensatory or specific".  Explain this statement briefly in the context of specific reliefs available under the Specific Relief Act.
(b)  "Justice demands that a person wrongly dispossessed of property should recover it. " Explain how Specific Relief Act is operating for this prupose.
(c)  He who comes for equity must do equity.  Comment giving illustrations with reference to Specific Relief Act.