Civil Law I

Haryana Civil Service (Judicial)
Examination  2001
Civil Law Paper  -  I
Time  :  3  Hours                                                                                                                                                                                                        M.M. 200
Note  :  All questions are compulsory.  Answer all of them.

Q.  1(a)  What is set off?  Discuss the provisions regarding set off as provided under the Civil Procedure Code and distinguish between legal and equitable set off.
(b)  A sues B, on a Bill of Exchange.  B alleges that A has wrongfully neglected to insure B's goods and is liable to him in compensation which he claims to set off.  Can the amount be set off ? Discuss.
Q.  2(a)  Explain and illustrate the principle of restitution.  Is an order granting restitution appealable  ?
(b)  Who may apply for restitution  ?  Against whom restitution can be granted?
Q.  3(a)  Discuss the principle of 'Res-judicata' in the following proceedings:
(i)  application for Amendment of Decree
(ii)  Application for Review
(iii)  order of maintenance
(b)  Distinguished between 'Res-judicata' and 'Res-subjudice'.
Q.  4(a)  Unless a right of appeal is clearly given by statute, it does not exist ? comment.  Can an appellate court reverse a decree on the ground of misjoinder of parties  ?
(b)  The head office of a transport company was situated at Chandigarh and the branch offices as Lucknow, Jaipur and Patna.  A dispute arises between X and the company in respect of a transaction made through Lucknow office.  X files a suit in respect of this dispute against the company in a Court at Jaipur.  How the court will decide ?
Q.  5(a)  What do you understand by 'Substantive' and 'Adjective' Law?  In which category will you place the law of evidence  ?  Explain.
(b)  Explain and illustrate 'Fact in issue' and 'Relevant fact'.
Q.  6(a)  State whether a confession before a police officer/Magistrate is admissible  ?  If so, explain its rationality.
(b)  X, lodged on FIR before a police officer in the nature of confession stating that he murdered his wife Y, as she was a woman of bad character.  Is the above statement admissible  ?  If so, to what extent and under what circumstances  ?  Discuss.
Q.  7(a)  Writ short notes on the following  :
(i)  Examination-in-Chief
(ii)  Cross-examination
(iii)  Re-examiantion
(b)  State and illustrate the rule of estoppels as enacted in Indian Evidence Act.
Q.  8(a)  'Restitution stops, where repayment begins'.  Discuss the above statement in the light of decided cases.
(b)  X agrees to sing at Y's theatre for one week and also agrees not to sing at any other theatre during that period.  Later on X contract with Z to sing during that week at Z's theatre.  Can Y sue for an injunction to restrain X  ?
(c)  A agrees to give the use of his hall to B for holding a concert on a prescribed date.  However, the hall was destroyed by fire prior to prescribed date.  B sued A for damages for breach of contract.  Will B succeed  ?