Civil Law I

Punjab Civil Service Examination 2006
Judicial Branch
Civil Law Paper-I
Time : 3 Hours                                                                                                                                                                                                                                                           Maximum Mrks : 200

Note:  Attempt any Five Questions, selecting at least Two Questions each from Section 'A' and 'B' and One Question from Section 'C'
All questions carry equal marks.

Support your answers with relevant provisions and Case Law.
Section 'A'

Q.1.  (i)  A writes to B offering to sell him his house at a certain price.  B, at the same time and on the same day, writes a letter offering to buy the same house at the same price.  The two letters cross each other.  Is there a contract between A and B  ?
(ii)  Owner of a valuable ring, which was stolen from her house, advertised that she would pay Rs. 150/- to any person giving her information which would lead to the recovery of the ring, and the arrest of the thief.  The thief, in fact, was a lodger in A's house and A gave the owner the required information.  A's reason for giving the information was that he was afraid of being accused of receiving the stolen property.  A now claims the reward.  Is he entitled to it?
(iii)   A is aged 17 years.  He enters into an agreement with B for hiring out certain machinery for running a factory belonging to B.  After the agreement was signed, A backs out of the agreement and B wants to enforce the same.  Discuss with reasons whether B will succeed or not.
(iv)    P sold some articles from his shop to S on credit, not knowing that S was a minor.  the time fixed for payment expired and no payment was made.  Some time later when S attained majority, P sued him for the price.  What relief should the court give to P under the law?
(v)    A is tradesman in Calcutta and B carries on business in Delhi.  B through his agent in Calcutta buys goods of A and requests A to deliver them to the East Indian Railway Company.  A delivers goods accordingly in Calcutta.  Subsequently B fails to pay the price of the goods.  Where can A sue B for recovery of the amount ?
(vi)  A sues X, Y and Co., a semi-government organization for recovery of certain amount of money.  The company takes the objection that prior notice under section 80 of the CPC was not served upon it.  Do you think that the objection is sustainable ?
(vii)   Shri Shyam Lal is Karta of a joint family and is carrying on his business under the name "Ram Lal Shyam Lal".  He brings a suit against a company in the business name.  The defendant company raises the objection that since the firm is an unregistered one, it is incompetent to sue.  Thereupon, the plaintiff seeks to amend the plaint to the effect that he was suing in the name of the family as the Karta or manager.  Should court permit the amendment ? What are the considerations that normally weigh with the court in permitting an amendment of pleading ?
(viii)  The election of S was challenged before an Election tribunal.  He put an appearance, but subsequently failed to appear on three consecutive dates.  The tribunal proceeded ex-parte against him.  Thereafter, he put an appearance and filed an application for condonation of previous non – appearances.  The same was dismissed as it did not show any sufficient cause.  Should he now be permitted to contest the case ? can he insist on retrial of the part of the case during which he was absent ?
Q.2.  (a)  (i)  A man by the name of N called at a jeweler's shop and chose a costly ring.  He tendered payment through cheque which he signed in the name of a person of credit.  He took the ring and pledged it to B, who had no notice of the fraud.  Can the jeweler recover the ring from B?
(ii)  Two seamen deserted a ship and the remaining seamen agreed to take the ship to the port in return for extra wages.  The ship safely reaches the port.  Are they entitled to extra wages?
(iii)   D was a member of a society of sugar-cane growers.  The agreement between the society and the members was that each member would deliver all the sugar-came grown by him to the society which would market the sugar-cane and divide the profits among the members.  is the agreement binding to D?
(iv)   a was due to perform a contract on 1st May, 1970, but on 20th April repudiated his obligation.  On 26th April, the contract become illegal through a change in the law.  B, the other party to the contract, filed a suit for breach of contract on 30th April, 1970.  Discuss.
(b)(i)  The question is whether A sold pure milk to B.  A wants to offerin evidence the fact that he sold pure milk to C, D, E and some other customers on the same day.  Discuss the relevancy of the aforesaid fact sought to be proved by A.
(ii)  A Hindu woman was married to S in October, 1986.  S died in June, 1990.  She then married another man K in July, 1990 and gave birth to a son in September, 1990.  Can it be lawfully claimed that the son is the legitimate son of K?
(i)     M's daughter R was married to P.  During August, 1993, when R was residing with her parents at Bombay, P wrote two letters to R from Calcutta which contained defamatory imputations about M.  M filed a complaint charging P with the offence of defamation.  P raised the plea that the two letters complained about were inadmissible in evidence as they were expressly prohibited by law from disclosure.  Decided the case.
(ii)    A, being charged with embezzlement, retaisn B, an attorney to defend him.  In the course of proceedings, B observes that an entry has been made to A's account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.  Can A take the objection that such information is barred from disclosure ? Decide.
Q.3.  (a)  (i)  X sold 2,000 gross of "200 yds. Reels" of sewing cotton on the stipulation that if Y, the buyer, did not take any objection within 14 days of the receipt of goods, the goods would be deemed in all respects to be in accordance with the contract.  No objection was raised in the first 14 days of the arrival of goods but 18 months after delivery goods were found to be short in quantity, the length per reel being on an average 6% short.  Y sued X for damages.  Decide.
(ii)  A car was advertised by the seller as "Herals 1961".  The buyer answered the advertisement, inspected the car and bought it.  Later he discovered that the rear half of the vehicle was part of a 1961 model, but the front half was part of an earlier model.  The buyer kept the car, and brought an action for damages for breach of condition of sale by deseription.  The seller contended that the sale was of a thing to be seen by the buyer.  Decide.
(b)  (i)  A and B were two partners in a firm of lawyers.  A borrowed Rs. 10,000 from X without any express authority from the firm.  X knew it but was induced to lend on A's plea that money will be used for firm's purposes.  The money is so applied.  Is the firm liable for repayment to X?
(ii)  X, a publisher, agrees to publish at his own expense a book written by Y and to pay half of net profits.  Does this create a relationship of partnership between X and Y ? Is Y liable to a paper-marker for paper supplied to X for the purpose of printing Y's Book ?
(a)     (i)  Discuss the various rules regulating the passing of property in case of 'specific good' in a contract of sale of goods.
(ii)  A's property is put up for auction.  B requests C, A's attorney, to bid form him.  C does this inadvertently and in good faith.  the persons present seeing the vendor's attorney bidding, think that he is a mere puffer and cease to compete.  The lot is knocked down to B at a low price.  A refuses to complete the contract.  B sues A for specific performance.  Decide.
(b)     (i)  A, a resident of Delhi owns a piece of land at Chandigarh.  B has illegally and unauthorisedly occupied a part of A's land.  B is also residing in Delhi and carries on business at Delhi.  A wants to file a suit against B for the recovery of the possession of his land.  Advise him if he can file the said suit in Delhi. 
(ii)  S, a seller from Delhi enters into a contract for sale of goods with the buyer B in Madras for supply of goods at Bombay.  The invoice which S sends to B has a line written on top of it "Subject to Delhi jurisdiction".  B files a suit against S for damages at Bombay.  Discuss the maintainability of the suit.
Q.4.  (a)  A has a wife B, and daughter C.  In consideration of Rs. 500/- paid to C by A, C executes a release of her right to share in the inheritance to A's property.  A dies, but C claims her share in the inheritance, B resists the claim, and sets up as a defence, the release signed by C.  Will B succeed?
(b)  A husband entered his land in the revenue records in his wife's name and went on a pilgrimage.  Before his departure, he had allowed her to mortgage the land.  After his departure, she sold the land, and the buyer paid off the mortgage.  On his return, the husband wished to recover the land or redeem the mortgage.  Can he do so ?
(c)  A, B, C and D effected a partition of joint family property, and agreed that if any one of them should have no issue, he would have no power to sell his share, but should leave it for the other shares.  A sold his share and died without issue.  Can B, C and D sue to recover the share ?
(d) (i)  Is the Additional District Judge competent to hear an appeal where the appeal under the Public premises Act is made over for disposal by him by the District Judge ?
(ii)  Is there any difference between Subordinate Judge's Court and Subordinate Judge of First class ?  Explain
(e)   Is a tenant bound by an eviction order even if he is not a party in the case decided under the provisions of the East Punjab Urban Rent Restriction Act, 1949?

Section B

Q.5  In response to an advertisement, the appellant along with the third respondent, submitted a tender for running the University canteen at Patiala.  When tenders were opended, the offer of writ appellant to pay a monthly rent of Rs. 33399/- was highest.  The third respondent along with other was invited for negotiations and he enhanced his offer to Rs. 45999.  The writ appellant did not participate in negotiations and also did not agree to enhance his tender offer.  As the third respondent was defaulter in respect of other University canteen earlier, the University authorities awarded the contract to the writ appellant.  it was said that the third respondent was not only in arrears of large amount of rent to the tune of Rs. 1,49,364/- but also dragged the University in several litigations.
The third respondent's writ was allowed by the single judge and an appeal was preferred by the writ appellant.  Decide.
Q.6.  M and A were carrying on the business of commission agents as partners in a firm named M.A. and Co.  C, M's son, was admitted to the benefits of the firm as he was a minor.  The firm borrowed a sum of Rs. One Lakh from B, but was unable to repay.  The firm was, thereupon, dissolved.  Subsequently C became major and does not exercise the option not to become a partner.  B applies to court and asks to declare all the three insolvent.  C pleads minority.  But the lawyers have advised C that he is liable up to his capital investment in the firm.  Is it a sound advice ? Give your advice on the subject.
Q.7.  X goes to the police station and narrates the fact and circumstances in which he killed his girl friend and her brother.  The police registered a case under Section 302 I.P.C. against X and arrested him.  The FIR has four distinct parts (a) particulars relating to his identity, address, etc.:  (b)  Particulars relating to motive and preparations; (c) particulars relating to the actual killing: (d) particulars relating to after-killing conduct such as hiding the dead bodies, concealing the knife and his blood stained clothes.
X is on trial and the FIR is the only evidence against him.  Decide in the light of the relevant case law.

Q.8.  A, a partnership firm filed a suit against B to recover Rs. 50,000/-.  The suit was dismissed on the ground that it was not maintainable since the partnership firm was not registered as required by the provisions of the Indian partnership Act, 1932.  Thereafter the firm was registered and the subsequent suit was filed on the same cause of action.  Is the suit barred by res judicata ? Discuss.
Section C

Q.9.  S was an officer, employed in the Customs House, and R, an agent for the importers at the same place.  Both of them were charged with conspiracy to dodge the Customs Department, by passing goods without paying full duty.  R made certain entries in two books.  One of the books was used for currying out the fraud and entries were necessary for the purpose.  But the other was for his private record, or convenience.  Can the prosecution be allowed to tender both these books in evidence for the offence of conspiracy to pass the goods without paying full duty ? Decide with relevant case law.
Q.10.  H filed a divorce petition against W in a U.S.  court. W has been staying in India for the last five years and has not visited the U.S. during this period.  He did not serve notice to W at her Indian address but instead a notice was published in a newspaper in the U.S.  The U.S. court granted decree of divorce ex-parte to H.  Discuss the maintainability of this decree in India.