Civil II

Himachal Pradesh Judicial Services (Junior Division)
Main Examination – 2012
CIVIL LAW – II
Time : 03 hours                                                                                                                                                                                                                                                            Maximum Marks  :200

Note:  Question No. 1 and 8 are compulsory.  Attempt three questions from the rest.  In all five questions are to be attempted.  Write legibly quoting provisions of law and relevant case law.

Each part of the question must be answered in sequence in the same continuation.  Give reasons for your answer.

Q.  1(a)  Discuss the Concept of 'Quasi – contract' with special reference to Section 69 of the Indian Contract – Act, 1872.  Refer to decided cases.                                                                    
(b)  Explain the status of daughter in a Coparcenary Property under the Hindu Succession Act 1956 and the effects of recent amendment in Hindu Succession Act 1956.
(c)  What kinds of Penalties are provided under Section 30 of the H.P. Urban Rent Control Act, 1987.
(d)  Who is an ostensible owner  ?  What is the effect of the Benami Transaction Act, 1988 on Section 41 of the T.P. act, 1882.  Refer to decided Cases.
Q.2(a)  Discuss the law of undue influence and presumptions there under.
(b)  Define indemnity and discuss rights of indemnity – holder.  Distinguish between indemnity and Guarantee.
(c)  'A' applies to a Banker for a loan at a time when there is stringency in the money market.  The Banker declines to make the loan except at an usually high rate of interest.  'A' accepts the loan on these terms.  Is the contract induced by undue influence  ?  Is the Contract Induced by undue influence?  Give reasons.
Q.3  (a)  "The Legal Concept of Cruelty has varied from time to time and from society to society with the change in social and economic conditions."  Comment and examine the changing Concept of cruelty as a ground of Matrimonial relief under Hindu Law with reference to recent case Law.
(b)  Discuss the law relating to "Restitution of Conjugal Rights.  Does this right violate the right to personal liberty guaranteed under Art 21 of the Constitution  ?  Refer to recent Case Law.
(c)  Discuss the validity of following adoption:-
i)  Adoption by husband, while wife is pregnant.
ii)  Adoption by a Hindu father after his only son had married under special Marriage Act, 1954.
iii)  adoption by a father of son, but the son is mad.
Q.  4(a)  'Right of redemption in India is a statutory right which can not be fettered by any condition which impedes or prevents redemption."  Discuss this statement with the help of decided cases.
(b)  Disucuss in detail the essential elements of Section 106 of the Transfer of Property Act, 1882.  Refer to Case law.
(c)  'X' borrows Rs. 500 from 'Y' and executes a usufructury mortgage for Rs. 300, the rents and profits to be taken in lieu of interest.  'X' covenants in the deed that the payment of balance of Rs. 200 with interest at 2% per month would be compulsory at the time of redemption.  Does this covenant amount to a clog or redemption  ?
Q.  5(a)  What do you understand by Legal disability under the Indian Limitation Act, 1963  ?  How period of limitation is computed in such cases  ?
(b)  Discuss the law relating to "Bar of Limitation" in case of Appeals under the Limitation Act, 1963.  Refer to recent case Law.
(c)  'R' borrowed some money from "G", Only one day before the expiry of the period of limitation for filing of suit against "R" , G obtained acknowledgement in writing of the borrowed money by "R".  What will be the effect on the period of Limitation in such Case  ?
Q.6  (a)  'A' obtained a decree for his debt against 'B'.  Before the property could be attached in execution, 'B' sold the property to 'C' in part satisfaction of a debt due to her.  The property was then attached and sold in execution to 'D'.
Disucss whether 'C' is entitled to possession as against 'D'.
(b)  "A Hindu is born and not made".  Explain.
(c)  'A' a minor aged 17, represented to 'B', a money lender, that he was 19 years old age and then asked for a loan of Rs. 5000/- stating that the amount was urgently required by him to complete his Higher Secondary Education.  The Money-lender without making any further enquiry, lent the amount to 'A'.  Can the Money –lender recover the amount after 2 years ?  Decide and referred relevant provisions of Contract Act.
Q.  7(a)  Distinguish between general damages and special damages.  When special damages can be claimed  ?  Refer to decided cases.
(b)  'A' is wife of 'B' and both are legally married as the marriage is registered with Registrar under Section 8 of Hindu Marriage Act, 1955.  A's father, who is a judicial officer, has taken away to 'A' from 'B''s home town Panipat to his own home town Chandigarh forcibly.  There was no dispute between 'A' and 'B', even 'A' wants to live with her husband 'B'.  Discuss the legal consequences and remedies available to 'B', with the help of decided cases.
(c)  Explain "Marshalling of Securities".  Refer to decided Cases.
Q.  8(a)  "Landlord shall not claim any thing in all excess of fair rent".  Comment with appropriate explanations and decided cases.
(b)  Mention / clarify the role of Controller in eviction of tenants from rented land under the H.P.  Urban rent Control, Act 1987.  Refer to decided cases.
(c)  'a' requires a building of 'B' as residential building for use as an office of legal practice.  'A' and 'B' concluded a deed in this regard.  'X' who is daughter of 'A' has also started to run a Medical Clinic in the same building covering whole premises, garden lawn etc.  without giving notice to the Land Lord 'B'.  Here –
i)  Can 'B' evict 'A' and 'X' both by revoking the deed  ?
ii)  Can 'X' be permitted to run clinic, how and when  ?
iii)  To whom 'B' can make his application for solution  ?