Civil Law I

Himachal Civil Services Judicial
Examination, 2006
Civil Law Paper I
Time : Three Hours                                                                                                                                                                                                                                                 Maximum Marks : 200

Note :  Part A is compulsory and answer three questions from Part B.  All questions carry equal marks.  Give reasons, for your answers, supported by relevant statutory provisions.  Write all parts of a question at one place in continuity.

PART  A

Q.  1.  (a)  A after learning that C had been murdered went to the spot and found that dead body of C was being taken to his (C's) house by four persons who told him that B had murdered C and had run away.  Is the statement of A, that he was told by four persons that B had murdered C and had run away, admissible under Section 6 of the Indian Evidence Act  ?
(b)  Y, a married man, commits forgery and communicates this fact to his wife W, who obtains a divorce from her husband after two years.  One year after the divorce Y is put on his trial for the said forgery.  Can W be permitted to give evidence touching the forgery against Y  ?
(c)  A being prosecuted on the charge of murder chooses not to cross-examine a witness W in the court of committing magistrate, when he is provided an opportunity but reserves his right to do so in the court of Sessions.  Before the trial begins in the court of Sessions W dies.  The prosecution desires to use the deposition of the witness, in evidence at the trial before the court of Sessions.  Can he do so  ?
(d)  A being an author contract with B, a publisher, to complete a literary work.  Can B claim the Specific Enforcement of the contract  ?
Q.  2.  (a)  A bequeaths Rs. 2000/- to B and oppoints C his executor and residue legatee.  B dies and D takes out administration of B's effects.  C pays Rs. 1,000/- as surety for D.  Now D sues C for the legacy.  C intends to claim set off in respect of Rs. 1000/- against the legacy.  Can he do so  ?
(b)  A is a tradesman in Pune and B carries on business in Delhi.  B through his agent in Pune bought goods from A and requested A to deliver them to the Indian Railways.  A accordingly delivered the goods in Pune.  B did not pay for the goods purchased.  Where can A sue B for the price  ?
(c)  Discuss the classes of courts under the H.P. Courts Act 1976 and their functions.
(d)  A mortgages a house of the value of Rs. 10,000/- to B for Rs. 5,000/-.  B afterwards buys the house from A for Rs. 10,000/-.  On what amount the stamp duty is payable.

PART  B

Q.  3.  (a)  X is being tried on the charge of murder of a woman W.  The prosecution tends to give evidence to show that the accused had murdered his wife more than two years prior to the death of W to which objection is taken by X.  Decide.
(b)  X killed Y and placed a letter, addressed to the concerned Station House Officer confessing the murder, by the side of dead body, which was taken by the Police Officer.  During the trial of X for murder the prosecution tends to use the confession which is objected to by X on the ground that it is not provable under section 25 of the Indian Evidence Act.  Decide.
(c)  X, a tenant under a landlord Y was holding over after the expiry of the lease when he was forcibly evicted of the land by Y.  He intends to recover the possession under section 6 of the Specific Relief Act.  Advise him.
(d)  In a restitution of conjugal rights suit the defendants wife was commanded to perform the marital relationship with the plaintiff.  The plaintiff moved an execution petition before the executing court for execution of the decree.  The executing court directed the decree holder to show the judgment and decree to the concerned police officer and take his assistance in order to execute the decree.  Discuss the validity of the order of the executing court.
Q.  4.  (a)  X was wrongfully dispossessed from his house by B for one year when he instituted a suit for possession of the same.  The suit is decreed.  He files another suit against B for damages in connection with the wrongful dispossession.  Is the suit maintainable  ?
(b)  A decree has been passed against the assets of X (who was not an agriculturist) in the hands of his heir Y who is an agriculturist.  A house belonging to X also comes into the occupation of Y as heir of X.  The decree holder in tends to get the house attached in execution of the decree.  Can he do so  ?
(c)  How is an impounded instrument dealt with under the Indian Stamp Act ?
(d)  A mortgaged certain land to B.  In the mortgage deed survey No. 49-C was inserted, by common mistake, for survey No. 49-A.  Subsequently, B mortgaged survey No. 49-A to C, who had knowledge of the mistake.  Advise B  ?
Q.  5.  (a)  Write a note on promissory estoppels.
(b)  A executed a deed of mortgage in favour of B.  A gets the deed from B by fraud and endorsed on it a receipt for Rs. 12,000/- purported to be signed by B by forging B's signatures.  Advise B.
(c)  A contracts to sell a piece of land to B for Rs. 5,000/-.  B takes possession of the land.  Afterwards, a sells the same land to C for Rs. 6,000/-.  C makes no inquiry of B relating to his interest in the land.  B files a suit for specific enforcement of the contract against C.  Decide.
(d)  A sued B for possession of certain land alleged to have come to his share on a partition of joint family property with B.  The defence was that the family property had not been divided and the suit was dismissed on a finding to that effect.  A files a subsequent suit against B for partition of the joint family property.  The plea of res judicata is raised in defence.  Decide.
Q.  6.  (a)  A, a Hindu, in a suit to which B, his alleged wife, and her mother, are defendants, seeks a declaration that his marriage was duly solemnized and an order for restitution of his conjugal rights.  The court makes a declaration and order C, claiming that B is his wife, then sues A for the recovery of B.  Is the declaration make in the former suit binding on C  ?
(b)  Discuss the provisions of the Indian Stamp Act regarding instruments unduly stamped by accident.
(c)  A files a suit against B and his son C for declaration that the execution sale is illegal.  B dies, and his wife W, and daughter D are not brought on record.  Discuss the consequences.
(d)  X sues Y on an agreement and gives Y a notice to produce it.  At the trial,  X calls for the document and Y refuses to produce it X gives secondary evidence of its contents.  Then Y seeks to produce the documents itself to contradict secondary evidence given by X.  Can he do so ?
Q.  7.  (a)  Explain the provisions of H.P. Courts Act 1976 in relation to petition writers.
(b)  A witness is asked whether he was dismissed from a situation for dishonesty.  He denies it.  Evidence is offered to show that he was dismissed for dishonesty.  Is the evidence admissible  ?
(c)  M mortgaged his property to P and subsequently to R.  M institutes a suit against R for redemption without making P a party to it.  Is the suit maintainable  ?
(d)  B contracts to buy from A certain number of railway shares of a particular description.  A refuses to complete the sale.  B files a suit for specific enforcement of the contract.  Decide.
Q.  8.  (a)  A obtains a decree against B for Rs. 1,000/-.  C who is a trustee for B, obtains a decree on behalf of B against A for Rs. 1,000/-.  Can B treat C's decree as cross-decree  ?
(b)  What are the powers of the Collector, under the Indian Stamp Act, to stamp impounded instruments ? Discuss.
(c)  Explain the circumstances in which confession of an accused person may be considered by the court against other co-accused persons.
(d)  Discuss briefly the tests which the court applies for exercise of discretion in granting temporary injunction in the light of Supreme Court decisions.