Civil Law I

Himachal Civil Services Judicial
Examination, 2001
Civil Law Paper – I
Time : 3 Hrs.                                                                                                                                                                                                                                                           Max Marks : 200

Note : Attempt Five questions only.  Question No.  1 is compulsory.  All questions carry equal marks.

Q.  1  (a)  "A minor may not be a partner in firm but may be admitted to the benefits of partnership".  Discuss the position of such minor beore attaining majority and after attaining majority.  Can such minor be held liable as partner by holding out ?
(b)  "The effect of stoppage in transit is not to rescind the contract between the carrier and purchaser or to vest the property in the goods in unpaid seller."  Examine with illustration.
(c)  A is charged for the offence of committing rape on a minor girl.  By medical examination the factum of rape is established.  The minor girl admits that she was tutored by her father and police and A was shown to her prior to identification.  Can A be convicted for the offence of rape ?
(d)  Gupta Stores wrote a letter to Beni Agencies, offering them to sell 100 Steel Almirahs of particular specification at the rate of Rs. 2000/- per Almirah.  On the same day Beni Agencies wrote to Gupta Stores for buying 100 Steel Almirahs of same specification at same price.  The letters crossed in the post.  Beni Agencies want to enforce the contract.  How will you advice them  ?
Q.  2  (a)  "Partnership Act renders registration of firms compulsory, not directly b ut indirectly by providing certain disabilities for unregistered firms".  Explain and elaborate the above statement.
(b)  What do you understand by the expression 'mesne profits'?  What are the principles to guide a court in determining the amount of mense profits ? Can mesne profits be awarded for wrongful dispossession of movable property ?  Give reasons.
(c)  'A' a minor takes on hire a V.C.R. for two days on payment of Rs. 100/- per day.  Due to negligent handling the V.C.R. is damaged and requires repairs worth Rs. 700/-.  What amount the shopkeeper of V.C.R. can recover from the minor  ?
(d)  'A' being charged with embezzlement, retains B an advocate to defend him.  In the course of proceedings B observes that an entry has been made in A's account book charging A with the sum said to have been embezzled, which entry was not in the account book at the commencement of his employment.  Is such information protected from disclosure under the provisions of Evidence Act ? Give Reasons.
Q.  3  (a)  A filed a suit in the Civil court for declaration of title and for possession and for mesne profits, treating the defendant as trespasser.  The defendant contends that the Civil Court have no jurisdiction in the matter as he was a tenant and he also denies the title of 'A'.  Is the contention of the defendants sustainable ? Give reasons for your answer.
(b)  'A' told her servant B if you will not speak.  I will send for a police man.  Thereupon B confessed that she had committed theft.  Next day B repeated the confession to A's husband.  Discuss the admissibility of both the confessions.
(c)  'A' gave to a dry-cleaner his brand new woolleen suit, costing more than Rs. 4500/- for dry cleaning.  By the mistake of the dry- cleaner, the suit is burnt and became unwearable.  On A's claiming the full value, the dry cleaner contends that as per terms of the contract printed on the reverse of the receipt and signed by A, he is liable to pay only ten times the amount of cleaning charges the cleaning charges being only Rs. 40/-
Decide whether 'A' is entitled to Rs. 4500/- or Rs. 400/-.  Give reasons for your answer.
(b)  X, Y and Z jointly take a loan of Rs. 10,000 from A.  Z becomes insolvent and Y is compelied to pay the entire amount.  What amount can Y successfully claim from X  ?
Q.  4.  Write short notes on any four of the following :
(a)  res-Gestae;
(b)  Interlocutory Orders
(c)  Partnership at Will
(d)  Cancellation of Instrument
(e)  Continuing Guarantee
(f)  Inter-Pleader Suit
Q.  5  (a)  What do you understand by "Preventive Relief"  ?  Describe briefly the provisions relating to preventive relief as contained in Specific Relief Act, 1963.
(b)  'A' agrees to sell his car to B after one month.  But after 10 days he sells the car to C.  thereupon B sues A for the breach of contract.  A contends that he could still perform the contract by repurchasing the car from C.  Decide.
(c)  Discuss the provisions of the Himachal Pradesh Courts Act, 1976 for determining the territorial jurisdiction of Civil Court in the matter of institution of suits.  What and how can any objection be taken regarding jurisdiction ?
(d)  What is a leading question ? When can such a question be asked to a witness /  Illustrate you answer.
Q.  6.  Write explanatory note on any four of the following :-
(a)  Specific performance of part of contract;
(b)  compulsory dissolution of a firm ;
(c)  Responsibility of the finder of Goods.
(d)  Substituted service of summons;
(e)  Undisclosed Principal
Q.7  (a)  "If you contract to sell peas you cannot oblige a party to take beans.  If the description of the article tendered is different in any respect, it is not the article bargained for the other party is not bound to take it".  Critically examine the above statement and explain with illustration the difference between a sale by description and sale by sample.
(b)  'A' was born to a woman W on October 10, 1989 i.e. within 280 days after the death of her first husband 'H' on January 14, 1989.  After the death of her first husband W had entered into a marriage with another man X on March 5, 1989 and the child A was born during the continuance of second marriage.  Discuss the presumption regarding the paternity A.
(c)  A, a publisher agrees to publish, at his own expense, a book written by B and to pay to B half the net profits, if any, ascertained by a specified method of accounting.  Does this agreement create a partnership between A and B ?  Can B be made liable for the paper supplied to A for the purpose of printing B's book?
(d)  A sues B for possession of a house.  B contends that since A has transferred the house to C he has no title to sue and the suit is, therefore, not maintainable.  A maintains his right contending that no transfer was made, but the contention is found to be false.  Can A apply for adding 'C' as co-plaintiff ? Decide giving reasons.
Q.  8.  Distinguish between any four of the following  :
(a)  IIIegal Agreements and Void Agreements;
(b)  Sub-Agent and Substituted Agent;
(c)  Bailment and Pledge ;
(d)  Direct and Circumstantial Evidence;
(e)  Examination-in-chief, cross-examination and re-examiantion;
(f)  Conditions and warranties.
Q.  9  (a)  What are the rights of a purchaser of an immovable property against a person having no title or imperfect title and purporting to sell the property as its owner  ?
(b)  'A' agrees to sell to B my land at Solon in occupation X.  A has a land at Solon but not in occupation X and he also has a land in the occupation of X but it is not in Solon.  Can evidence be given of facts showing which of the lands be meant to sell ?
(c)  A directs B to sell a's estate.  B on looking over the estate before selling it, finds a mine on the estate which is unknown to A.  B informs A that he wishes to buy the estate for himself, but conceals the discovery of mine.  A allows B to buy the estate in ignorance of the existence of mine.  Can A repudiate the sale on discovering that B knew of the mine at the time he bought the estate?
(d)  A firm consists of three partners X, Y and Z.  X transfers his interest in the partnership form to P.  Does P become a partner in the firm  ?  What are his rights during the continuance of the firm or after the transferring partner X ceases to be a partner in the firm.