Civil Law II

Himachal Civil Services Judicial
Examination, 1994
Civil Law-Paper II
Time Allowed : Three Hours                                                                                                                                                                                                                                  Maximum Marks : 200

Note :  Attempt five questions, selecting one from each part.  All questions carry equal marks.  (division of marks in sub-questions is shown against each)

PART-I
Q.(a)  Explain the term "cruelty" as a ground of divorce under Hindu Marriage Act 1955.  What is the standard of proof required in such cases?
(b)  What are the consequence of non-compliance with decree of conjugal rights by the petitioner in a case filed by it before divorce.
(c)  When may a court pass a decree of nullity under the Hindu Marriage Act?  What is the effect of death of the respondent husband during the pendency of appeal  ?
Q.2  (a)  What is the scheme of inheritance of the property of Hindu female dying intestate under Hindu succession Act, 1956 ? Discuss.
(b)  P, a Hindu female dies leaving R, her husband, T, a full brother and S, a deceased brother's son.  P left considerable property which she had inherited from deceased mother.  On whom will the property devolve ?
(c)  P, a Hindu widow, made gift of property which she held as limited owner to T, her daughter in 1953.  In 1957, L a reversioner claimed the property on the ground that the gift by a limited owner was invalid.  Decide.
PART-II
Q. 3(a)  Discuss the principles which govern alienation of Mitakshara Coparcenary property by Karta.
(b)  L, the Karta of a joint family consisting of L and his three sons A, B and C own certain villages in the District of Wazirabad.  L received substantial amount as income from this joint family property which he would deposit in P and S bank regularly.  In addition to this he would deposit in the same account his own earnings having no connection with the joint family property-L makes a will in which he bequeaths these self-acquisition in accordance with his own preferences.  A claims a share of this amount as joint family property.  Decide.
(c)  In 1984, V created a mortgage on property belonging to joint family in favour of C bank to discharge his antecedent debt.  In 1985 there took place a partition between V and his son T.  In 1986, C Bank filed a suit and proceeded against security ignoring the partition.  Is mortgage binding on T ?
Q.4  (a)  Discuss the powers and position of the Karta in a Joint Hindu family.
(b)  A Karta of joint Hindu family became a partner in a partnership firm.  After sometime, he took a loan from the firm and started a new business in his own name with the amount of the loan which he had taken from the firm.  Are the coparceners of the joint Hindu family liable to pay back the loan to the firm ?
(c)  State whether the following properties are liable to partition :
(i)  Family idols and relics which are object of worship.
(ii)  Courtyard.
(iii)  Staircase.
(iv)  Impartible Estate.
(v)  Lawn of the residential home.
PART-III
Q.5  (a)  There are certain documents of which Registration is compulsory under Registration Act, 1908.  Explain and illustrate what are the consequences of non-registration ?
(b)  S holding a power of attorney on behalf of X the buyer of 1000 sq. meter plot of land from Y, files registration documents with Sub- Registrar on 7th Jan. 1990, 67 days after execution of sale deed.  On 17th March 1991 X notices that power of attorney executed in favour of S was defective and therefore, invalid.  What steps must be taken by X to regularize registration of the sale-deed.
(c)  What remedies are available for refusal by Sub-Registrar to register a document on the ground of denial of execution ?
Q.  6(a)  When once time has begun to run no subsequent disability or inability to sue will stop limitation running out its full prescribed course.  Explain.
(b)  X obtained a decree against Y his debtor on 1st March 1983 and died on 3rd Jan.  1984 leaving behind a minor son Z.  Y got himself appointed as guardian of minor's property on 7th September 1984, and did not have the decree against himself enforced.  He was discharged as guardian on July 13, 1990 and L, mother of Z got herself appointed as guardian of her minor son.  L files a suit for execution of decree of 1st march 1983 on 4th April 1991.  It is resisted by Y on the ground of Limitation.  Decide.
(c)  X in good faith believing having regard to the value of his property that his case was not within jurisdiction of Munsif and he filed it in the court of subordinate Judge.  The subordinate Judge held that the suit should have been valued with reference to the amount of decree sought to be executed not with reference to the value of the property sought to be sold.  He returned the plaint for being presented to the proper court but by that time it was barred by limitation.  Decide.
PART – IV
Q.  7  (a)  Explain with appropriate illustration the doctrine of election under the Transfer of property Act, 1882.
(b)  A mortgages his house X to B, C and D successively for Rs. 80,000/- Rs. 40,000/- and Rs. 20,000/-.  A mortgages house Y to D and C successively for Rs. 30,000/- and Rs. 15,000/- respectively, House X and Y are sold for Rs. 1,00,000/- and Rs. 30,000/- respectively.  What are the respective right of B, C and D on the sale proceeds  ?
(c)  X mortgages properties L and R to Y.  X then sells property L to A.  Y brings a suit against both L and R.  He recovers the whole amount from property L.  What rights are available to A.
Q.  8  (a)  Explain the doctrine of part-performance.  What conditions must be fulfilled to invoke this defence by a person in possession of immoveable property ? Illustrate you answer with case law.
(b)  X, a person of extravagant habits makes a settlement of his entire property on his wife W on 1st June.  1987, Thereafter the contracts debts, which he is unable to pay.  The creditors seek to recover from property settled on W on the ground that it was fraudulent transfer.  Decide.
(c)  K, a Muslim Lady, dies leaving behind sons A, B and daughter C.  In the life time of K, C had renounced her right to inherit K's property in consideration of Rs. 9,000/- received by her from K.  She claims one-third share which is resisted by A and B on the ground of renunciation.  Will she succeed ?
PART – V
Q.  9  (a)  Discuss the grounds for dissolution of Muslim marriage under the Dissolution of Muslim marriage Act, 1939 with special reference in the ground of desertion.
(b)  'A' a Sunni Muslim marries two sisters 'S' and 'R' by one contract, S is actually married to another person on the date of marriage to 'A'.  Discuss the validity of marriage between 'A' and 'R'.
(c)  Explain briefly conditions for a valid acknowledgement of paternity under Muslim law.
Q.  10  (a)  Discuss the rights of a Muslim wife to obtain maintenance from her husband under Section 125 to 128 of Criminal Procedure Code, 1973.  Are these rights affected in any manner as a result to divorce ? Explain.
(b)  Under an ante-nuptial agreement P, the husband was required to live at his wife Q's place.  P did not comply with this condition after the marriage but instead took a separate residence in the same locality.  P did not provide any maintenance to Q.  In an application for maintenance under section 125 Cr.P.C. will she succeed ?
(c)  While an application for maintenance of K, the wife and S the child under Section 125 of Cr.P.C. was pending in Criminal Court, P, the husband obtained a decree for restitution of conjugal rights from the Civil court.  K did not file any appeal against the decree.   The Magistrate allowed maintenance application.  P files a revision application against order of Magistrate.  Decide.