Law Paper I

PUNJAB SUPERIOR JUDICIAL SERVICES (MAIN WRITTEN EXAMINATION), 2011

LAW PAPER-I
Time Allowed:  3 Hours                                                                                                                                                                                                                                                  Max Marks – 200

Note:      (i)  Answer all questions.

(ii)  All questions carry equal marks.  However, the marks carried by each part in a question have been indicated against that part.
1.    (a)  "All illegal agreements are void, but all void agreements are not necessarily illegal".  Comment with the help of decided cases and illustrations.         (15 Marks)
A settlement was made amongst the members of the Gram Sabha that for two years 'A' would remain as Sarpanch and for the remaining three years 'B' would be the Sarpanch.  Discuss the validity of this settlement.  Support your answer with reasons and decided case law.                             (5 Marks)
(b)  Discuss the contracts which can be specifically enforced under the Specific Relief Act, 1963.  Support your answer with illustrations.
Mohini contracts to marry Pyare Mohan but she refuses to marry him later on.  Pyare Mohan files a suit in the Court for enforcement of specific performance of the Contract.  Will he succeed?  Answer with reasons.                 (10 Marks)
(c)  Whether family settlement proposing to extinguish the title of one shareholder and to create a right in favour of the other, requires registration as per Registration Act, 1908.
(10 Marks)
2.    (a)  "The foundation of the doctrine of election is that one may not approbate and reprobate at the same time".  Comment.                                                   (10 Marks)
A Hindu widow dies making a Will in respect of property which she inherited from her husband.  She bequeathed Rs. 2000/- as a legacy to the plaintiff, and the immovable property to the defendant's father.  The plaintiff and the defendant's father were the heirs of her husband.  The plaintiff sued for the legacy under the Will and for half of the immovable property as heir.  Will the plaintiff succeed?  Answer with reasons.                                                                                                                                                           (10 Marks)
(b)  (i)  Whether it is necessary to pay court fee on every relief claimed.                                                                                            (5 Marks)
(ii)  What will be the court fee in suits for specific performance of contract of sale.                                                                      (5 Marks)
(c)  (i)  Whether the registering authority has power to examine the instrument regarding sufficiency of stamp?                              (5 Marks)
(ii)  What is deciding factor for determination of market value of the property under the Stamp act, 1899?                               (5 Marks)
3.    (a)  "A decree of restitution of conjugal rights constitutes the grossest from of violation of an individual's right to privacy.  It denies the woman her free choice; whether, when and how she is to become a vehicle for the procreation of another human being".
In the light of this statement, discuss the remedy of Restitution of Conjugal Rights as provided in the Hindu Marriage Act, 1955.  Also examine the constitutionality of this remedy.                                (10 Marks)
(b)  "Let no woman give or take a son in adoption except with the consent of her lord".  (Vashishstha)
In the light of the above statement examine the power of a Hindu woman with regard to adoption.  Do you think that the changes brought about by the Hindu Adoption and maintenance Act, 1956 and further by the Personal Laws (Amendment) Act, 2010 have actually enlarged her power in this regard?  Elaborate.
A married Hindu Woman takes a son in adoption with the consent of her husband (who is physically and mentally fit).  The couple was issueless at the time of adoption.  Decide the validity of this adoption.                             (10 Marks)
(c)  Define "Stridhan" .   How is it different from 'Woman's Estate'?  Discuss the effect of Section 14 of the Hindu Succession Act, 1956 in relation to 'Woman's Estate'.  Refer to decided cases in support of your answer.                     (10 Marks)
(d)  What do you mean by 'de-facto', 'de-jure' and 'testamentary' Guardians.  Discuss inter-se distinction amongst them with reference to their powers in respect of the person and property of a minor.                             (10 Marks)
4.    (a)  Under what circumstances, it will be justifiable regarding dispensation of an enquiry under Section 5A by invoking Section 17(4) of the Land Acquisition Act, 1894.  Support your answer with decided case law.                         (10 Marks)
(b)  Whether validity of notification and declaration issued under Sections 4(i) and 6 of the Land Acquisition Act, 1894 can be challenged, when possession of land has been taken.  Support your answer with decided case law.                 (10 Marks)
(c)  Whether a gratuitous passenger in a goods vehicle is entitled to compensation from the Insurance Company, under the Motor Vehicles Act, 1988?  Discuss with the recent case law.
(10 Marks)
(d)  Define "Privileged Wills".  Distinguish between 'Privileged' and 'Unprivileged' Wills.  Explain the modes of making and rules of executing "Privileged Wills"     (10 Marks)
5.    (a)  What are the essential ingredients for the landlord to seek eviction of a tenant in a residential building on the ground of bona-fide personal requirement of his married son and if one or more conditions are not satisfied, but eviction order is passed by the Rent Controller, what are the options available to the Appellate Authority?  Explain with reference to the judgments?                         (20 Marks)
(b)  "When once time has begun to run, no subsequent disability to institute a suit can stop it."  Explain and give illustrations.                         (10 Marks)
(c)  A tenant files an application for leave to defend a petition filed by a specified landlord under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 along with an application seeking condonation of delay in filing such application.  Discuss with case law whether such application for condonation of delay can be allowed or not?     (10 Marks)