Civil Law I

Punjab Civil Service Examination 2003
Judicial Branch
Civil Law – 1
Time : 3 Hours                                                                                                                                                                                                                                                             Maximum Marks: 200

Note:  Attempt any five questions.  All questions carry equal marks.  It is compulsory to attempt atleast one question from each part.

Part-A

Q.1.  Discuss briefly the amendments carried out in the Code of Civil Procedure, 1908 by the CPC(Amendment) Act, 1999 and CPC(Amendment) Act, 2002 to expedite the disposal of civil suits.
Q.2.  What principles gavern the application of the Rule of Res- judicata ?  Discuss with reference to case law?
Q.3  (a).  What material is required to be considered by the Court while framing issues?
(b) : A, a manufacturer of Sugar Mill Plant, has entered into a contract for turn key project of erection of Sugar Mill with B.  B has desired that A should furnish bank guarantee for the good performance of the plant for a period of one year from the date of handing over complete plant.  Within one month of the commissioning of the plant,  B wrote to A that the plant is not giving projected results.  B invokes the bank guarantee.  A files a suit for permanent injunction for restraining the bank from paying the amount of bank guarantee.  Decide.
(c)  Injunction – temporary and perpetual – explain the nature and principles of both with the differences, if any, between the two.  What are the considerations for the grant of ad-interim injunction and whether such considerations are different from those for the grant of decree for permanent injunction ?

Part-B

Q.4  (a)  A agreed to sell his car to B for Rs. 1,40,000/- in response to an advertisement issued by A.  B paid Rs. 1,00,000/- at the time of agreement and promised to pay the balance amount the following day.  B requested A to deliver the car without receiving full payment as he had an important function to attend in the evening.  A delivered the car to B. B, after driving car for a day contacts A on the next day with the request to take back the car on the ground that it is a defective piece and that A had not disclosed that the car had earlier met with an accident and demanded the return of Rs. 1,00,000/.  A files suit for the balance price.  B files a counter claim.  Decide.
4(b)(i).  Whether a suit can be filed by a partnership firm without getting the firm registered and, if so, in what circumstances ?
(b)(ii)  Whether a minor can be associated as partner without any capital ? If so, explain his duties, responsibilities and liabilities.
Q.5(a)(i)  In a suit for recovery against Bharat Bhushan and Company, a partnership firm of Bharat Bhushan and his two sons, the firm and Bharat Bhushan were impleaded as defendants.  The suit is decreed.  Bharat Bhushan has no property.  Execution of the decree is sought against his sons who object to the same.  Make out a case for the objectors.
(a)(ii)  Explain when property in movable goods passes to the purchaser  ?
5(b)  M/s Steel Authority of India (SAIL) has dispatched a rack of steel ingots F.O.R. to a firm at Mandi Gobindgarh against Letter of Credit.  It weighed 2040 tons at Rourkela.  The goods when delivered at Mandi Gobindgarh weighed 1705 tons.  Thus, it was either a case of short loading or pilferage.  The bank of the basis of Letter of Credit released the payment to SAIL.  Explain who shall file claim for the loss of goods and why?
Q.6(a)  Enumerate the essentials of a valid contact.  What is the distinction between void and voidable agreements  ?
(b)  In the auction of liquor shop by the State, the highest bid is offered by A but he fails to deposit the prescribed minimum amount within the stipulated period and the bid is not accepted.  In re-auction, the amount fetched is less than what was offered by A.  The State files a suit for damages against A for breach of contract to recover the loss suffered by it.  A contests the suit denying his liability.  Decide.

Part-C

Q.7.  (a)  Whether the Rent Controller has the jurisdiction to pass an order of ejectment even though the tenant denies relationship of landlord and tenant and claims ownership  ?  Whether the findings recorded by the Rent Controller in such a case will operate as res-judicata in subsequent proceedings before the Civil Court for recovery of rent or in a suit for possession  ?
(b)  A, B, C are brothers.  They because co-owners of a house after the death of their father.  C was paying rent of Rs. 1,000/- per month to his father.  After the death of the father, he paid Rs. 1,000/- to A for two months.  A files an ejectment petition against C on the ground of nonpayment of rent, bonafide personal necessity and change of user.  Is the ejectment petition maintainable ? Discuss.
Q.8(a)  Whether is the doctrine of Part performance ? Discuss with reference to statutory provisions and case law.
(b)  Under what circumstances conditional transfer of property under the Transfer of Property Act, 1882 becomes void ? Discuss with reference to statutory provisions and case law.

Part-D

Q.9(a).  A, the owner of immovable property, forcibly dispossesses B who is in its unauthorised possession.  Has B any remedy and, if so, under what law?
(b).  Section 10 of the Specific Relief Act provides for contracts which can be specifically enforced.  State and illustrate the limitations of the Court in using its discretion in such matters.
Q.10(a)  What do you understand by 'Substantive and Adjective law' ? In which category will you place the Evidence Act?
(b)  Explain and illustrate 'Fact in issue' and 'Relevant Fact'.
(c)   There is a presumption of death if a person is not heard of for seven years by those who are supposed to have heard about him but is there any presumption of time of his death ?  Discuss the issue with reference to case law.