Civil Law I

Himachal Civil Services Judicial        
Examination, 2004
Civil Law Paper I
Time : 3 Hours                                                                                                                                                                                                                Maximum Marks : 200

Note : Attempt any five questions.  All questions carry equal marks.  It is compulsory to attempt at least one question from each part.

Part  "A"
Q.  1  (a)  If the courts have no jurisdiction, consent of the parties or their inaction, cannot confer jurisdiction, nor by consent jurisdiction can be ousted.  Elaborate.
(b)  "The Rules of evidence are in generally the same in civil and criminal proceedings".  Mention any three exceptions to above statement.
(c)  Do the following constitute an offer.  Answer with reasons  :-
(i)  A catalogue of goods for sale.
(ii)  A mere quotation of terms on which a customer might offer an order.
(a)     "Partnership can only arise as a result of an agreement, express or implied, between two or more persons".  Discuss.
Q.  2  (a)  A by a letter offers to sell his car to B for Rs. 5000/-.  B by letter which crosss A's letter in the post, offers to buy it for Rs. 5000/-.  Does the transaction amount to contract  ?
(b)  Whether the following can form the subject matter of a civil suit  ?
(i)  A question of exclusion of member of caste from caste ceremonies.
(ii)  Right to religious honour unconnected with any office.
(iii)  Suit by a Hindu wife for perpetual injunction restraining husband from contracting second marriage.
(c)   In a contract of sale there must be transfer or an agreement to transfer goods for a price for, if the transfer is gratuitous it would not effect a sale but would amount to a gift.  "Discuss.
(d)  A is tried for murder of B by posion.  Before the death of B, A procured posion similar to that which was administered to B. Is it a relevant act ? Decide.  (2004 H.P.)
Q.  3  (a).  A woman is arrested in execution of a decree for the payment of money.  Decide.
(b)  A Judge is arrested under civil process while going to his court.  Decide.
(c)  Explain the doctrine of "Holding out".
(d)  A contracted dermatitis of an external origin as a result of wearing woolen garments, which when purchased from retailers, was in defective condition owing to presence of excess sulphites which had been negligently left in the process of manufacture.  A claimed damages against retailers.  Will A succeed.  Decide.
Q.  4  Distinguish between any FOUR of the following :-
(a)  Sale and Agreement to sell
(b)  Sale and Hire Purchase.
(c)  Evidence and proof;
(d)  Presumption of law and presumption of fact.
(e)  Res-Judicata and Res-Sub-Judice.
Q.  5  (a)  Discuss the provision of Civil Procedure Code relating to execution of decree and orders.  Who can apply for execution  ?
(b)  "An Agent's authority may be express or implied.  Discuss
(c)  A owns a shop in Shimla, lives in Kolkata and visits the shop occasionally.  The shop is managed by B and B is in the habit of ordering goods from C in the name of A for the purpose of shop and of paying for them out of A's funds with A's knowledge.  Decide the nature of B's authority.
(d)  Discuss the rule of exclusion oral evidence by documentary evidence.  Whether following can be proved by oral evidence :
(i)  A payment even when there is a written receipt.
(ii)  discharge of obligation imposed by contract.
Q.  6.  Write short notes on any FOUR of the following :-
(a)  Mesne profits.
(b)  Proforma defendant
(c)  Minor's Contract
(d)  Impossibility of performance of contract
(e)  Dissolution of a Firm by Agreement
Q.  7.  (a)  Discuss the sallent features of the Himachal Pradesh Courts Act, 1976.
(b)  Contract involving the exercise of personal skills or founded on special personal credit or confidence cannot be performed by a deputy.  Expalin with reference to Specific Relief Act.
(c)  Whether the following particulars are liable to attachment or sale  :
(i)  Provident fund of Judgment debtor (a railway employee)
(ii)  A right to future maintenance.
(d)   "The burden of proof lies on the party who assets the affirmative of the issue and not upon the party who denies it" – Discuss also give example.
Q.  8  Write explanatory notes on any Four of the following :-
(a)  Essentials of a suit.
(b)  Suit by or against Government
(c)  Condition and Warranty"
(d)  Specific Performance in case of breach of contract to deliver Specific Goods
(e)  Dissolution of Partnership at Will
Q.  9  (a)  X residing in Shimla beats Y in Delhi.  At what place Y may sue X  ?  Advise.
(b)  X residing in Lucknow publishes in Faizabad statements defamatory of Y.  At what place Y may sue X  ?  Advise
(c)  The liability of the Surety is co-extensive with that of the principal debtor unless otherwise agreed.  Explain.
(d)  What is a Wager  ?  Distinguish between wagering transaction and a good contract.  Whether wager is void or illegal  ?