Civil Law I

MAIN WRITTEN EXAMINATION HARYANA CIVIL SERVICE (J.B.) – 2010

CIVIL LAW

(PAPER-I)

Time Three Hours Maximum Marks: 200

Notes:-

(i) Candidates are required to attempt all questions in the same seriatum as they appear

(ii) All questions carry equal marks. details are indicated against each question.

(iii) Support your answers with relevant provisions and case law.

(iv) No extra Answer Sheet will be provided.

Q.-1: (a) Explain constructive res judicata with aid of suitable illustrations? (10)

(b) In a previous suit 'A' claiming to be a tenant of certain land from a municipality obtained an ex parte decree against the municipality only. 'B' who had obtained lease of the same land from the municipality prior to the institution of such suit was not, however, made a party to that suit. 'B' brought a subsequent suit against 'A' and the municipality disputing A's right to remain on the land and interfere with the construction works. Will the decree passed in favour of 'A' operate as res judicata against 'B' in the subsequent suit? (10)

(c) What do you understand by set-off?

Explain equitable set-off and distinguish between legal and equitable set-off. (10)

(d) What is the proper place of suing in the following cases?

(i) a suit by a guardian for the custody of his ward;

(ii) a suit for damages for infringement of a trade mark;

(iii) a suit against a corporation;

(iv) a suit for mesne profits;

(v) a suit for specified performance of a contract of sale of immovable property;

(vi) a suit for a tort (10)

Q.-2: (a) What is the procedure to be adopted in case of execution of decree against the Government or a publilc officer? (10)

(b) For how much period a person can be detained in the civil prison in execution of a money decree and when he is to be released from such detention? Can he be released from such detention before the expiration of the said period? (10)

(c) Can a Member of either House of Parliament, or a Member. of Legislative Assembly or a Member of any Parliamentary Committee be arrested and detained under the civil process. If no, under which contingencies? (10)

(d) On what ground can the sale of immovable property in execution of a decree be set aside? At whose instance such sale can be set aside. (10)

Q:3: (a) An agreement is unlawful if the Court regards it as opposed to public policy. In the light of this statement discuss (i) meaning of public policy and (ii) When an agreement is said to be against public policy? Whether Courts have evolved any new head of public policy for giving relief to weaker section of society in standard form contract? (10)

(b) Mr. 'A' who lives in Ambala gives his motor-cycle to his friend 'B' for going to Kurukshetra. 'B' instead of going of Kurukshetra drives the motor-cycle for going to Chandigarh. He drives the motor-cycle with reasonable care. While coming back from Chandigarh to Ambala he met with an accident and motor-cycle is totally damaged. Can 'A' claim damages from 'B'. Give reasons. (10)

(c) In a document executed between 'A'. 'B','C' and 'D', it was provided that 'D' would be incharge of the firm and get Rs.200/- per month and devote his whole time to it, he would also get 10 per cent of the net profits of the firm, but would get no share in the surplus profits of the firm, which were to be equally divided between'A', B and C only. Is 'D' a partner of the firm? (10)

(d) How and when may a partner retire? What are the liabilities of a retiring partner and what is the effect of such a retirement on the rights of the parties? (10)

Q.4: (a) Explain what is preventive relief. What are the provisions governing the grant of perpetual 'injunction? (10)

(b) Examine whether or not perpetual injunction shall be granted in following cases:-

(i) Where plaintiff prays that his standing crop is likely to be harvested very soon by defendant?

(ii) Where injunction prayed for, is for enforcement of an obligation arising from breach of contract, which cannot be specifically enforced?

(iii) Where alternative efficacious remedy is available?

(iv) Where plaintiff s conduct is unconscionable? (10)

(c) Carefully distinguish between a 'condition' and a 'warranty' and enumerate the circumstances in which 'condition' can be treated as 'warranty'. (10)

(d) 'A' contracts to sell a heap of bones to 'B', weighs and delivers them at 100 rupees per ton. 'B' agrees to take and pay for them on a certain day. Part of the bones is weighed and delivered to 'B'. On whose risk does the residue lie? (10)

Q.5: (a) What do you understand by 'Privileged Communication'? Answer with the aid of suitable illustrations. (10)

(b) A witness is compelled to state a matter, which will expose him to a criminal charge. If he speaks the truth, can he be prosecuted on the basis of his own statement in the Court? If he makes a false statement, can he be prosecuted for giving false evidence? (10)

(c) "The rules of Evidence are in general the same in Civil and Criminal Proceedings". Comment and state if there are any exceptions to this rule. (10)

(d)(i) Can the functions of receiving and registering cases and appeals be assigned to Additional District Judge and if so, by whom? (10)

(ii) Who may define the local limits of Civil Judges (Sr. Divn) and Civil Judges (Jr.Divn.)? Give your answers with the aid of illustrations. (5)