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HARYANA (ADJ) Paper-I 2011
HARYANA SUPERIOR JUDICIAL SERVICES (MAIN WRITTEN EXAMINATION), 2011
LAW PAPER-I
Time Allowed:3 Hours Max. Marks- 200
Note: (i) Answer all questions.
(ii) All question carry equal marks. However, the marks carried by each part in a question have been indicated against that part.
1. (a) Distinguish an "offer" from an "invitation to offer" , under the Indian Contract Act. Refer to case law. (10 Marks)
(b) 'A' borrowed a sum of Rs. 25,000/- from 'B' in order to bet with 'C' as to result of a cricket match between Indian and England. The betting on a cricket match is not authorised. 'A' lost bet to 'C'. 'A' neither paid a sum of Rs. 25,000/- to 'C' nor returned Rs.25,000/- to 'B' 'B' and 'C' initiated legal remedies against 'A' separately for recovery of Rs. 25,000/-. Decide and give reasons. (10 Marks)
(c) Discuss relevant principles that govern grant of temporary injunction. Whether a temporary injunction can be granted in the form of mandatory injunction ? Refer to decided cases. (10 Marks)
(d) A Hindu widow owned a house. On 1.4.1965 she adopted 'B' as her son and executed a deed of adoption. The deed is not registered, but in the deed she has stated that after this deed of adoption her adopted son will be entitled to her whole property of movable and immovable and she will have no right to alienate any part of the property. The widow sold the house to 'K' by registered sale deed. 'K' filed suit for possession against 'B' on the basis of sale deed. 'B' relied upon the adoption deed to plead that 'A' had no right to sell the house. Decide and give reasons. (10 Marks)
2. (a) 'H' and his sister 'R' inherited the property of their mother, but the name of 'H' alone was recorded in the revenue record and he dealt with the whole of the property as his own. In 1950, he alone mortgaged the property and afterwards redeemed the mortgage. "R' had not taken any exception to the mortgage. Twenty five years later, he again mortgaged the property to the same mortgagee, who satisfied himself that 'H's name was still in the revenue record as the recognized owner of the property. 'R' then sued to annual the mortgage so far as her share of the property was concerned and to recover her share. Discuss with the help of decided cases. (20 Marks)
(b) Examine the conditions under which the 'lease' of immovable property is determined. Whether the notice to quit is necessary under Section 106 of Transfer of Property Act in cases of periodic tenancies. Refer to recent case law. (10 Marks)
(c) Can a question regarding the sufficiency of Court fee be raised for the first time in second appeal? Decide and give reasons. (10 Marks)
3. (a) Whether in a suit for declaration by a coparcener, who is in possession of the property subject matter of sale, challenging the sale deed executed by Karta, would require affixation of Court fee as per the amount mentioned in the sale deed or the fixed Court fee? Discuss with the recent case law. (10 Marks)
(b) Property of a minor is sold by his natural guardian without permission of the competent Court. Discuss the remedies available to the minor after 6 years of attaining the majority with provisions of law and case law. (10 Marks)
(c) Discuss 'the doctrine of relation back'. Explain its application and assess the extent to which it applies even after the enactment of the Hindu Adoption and Maintenance Act, 1956, by the Supreme Court. Refer to recent case law. (10 Marks)
(d) 'A' husband and 'B' wife file a petition under Section 13-B of the Hindu Marriage Act, 1955 within one year of marriage along with an application seeking permission to file petition and also to dispense with the period of second motion of six months. Discuss with the provisions of law and case law as to whether the petition can be entertained and whether the period of six months can be waived off? (10 Marks)
4. (a) The State Government acquired 100 acres of land for setting up of a residential housing scheme in the year 1980. Compensation was paid to the landowners and possession taken. In 1995, the State Government transferred 50 acres of land to an Antibiotics Manufacturing Private Company and the remaining 50 acres of land was transferred by the State Government to the State Sewerage Board for setting up of a Sewage Treatment Plant. Whether such transfers are legal and valid. Discuss with the provisions of Land Acquisition Act, 1894 and the case law. (20 Marks)
(b) Explain the provisions relating to 'No Fault Liability' award under the Motor Vehicles Act, 1988. Refer to recent case law. (10 Marks)
(c) The term of the 'Will' were; I give, bequeath and devise my 50% dwelling house to my brother SK and 50% to my sister MS and after her demise, the said brother is entitled to occupy the same premises absolutely. Ms survived SK. Decide (i) whether MS had only a right to life interest, or (ii) In partition of 50% as vested interest. (10 Marks)
5. (a) 'A' files a suit for possession on the basis of title against 'B', his nephew, who is in possession for the last 15 years. 'B' sets up a plea of adverse possession being in continuous possession for the last more than 12 years. Whether the plaintiff is entitled to decree for possession? Discuss the merits of the plaintiff's case with case law. (20 Marks)
(b) 'A' and 'B' are two co-owners of a residential building. 'A' has inducted 'C' as a tenant in the said building. 'B', an ex-serviceman, seeks summary eviction of 'C' to which petition 'A' does not contest. Discuss the maintainability of petition with statutory provisions and case law.
(10 Marks)
(c) Whether, a tenant can be evicted from the tenant premises consisting of three rooms, when roof of the veranda has fallen down and the flooring of two room is damaged from many places? (10 Marks)