Civil Law II

Himachal Pradesh Judicial Services (Junior Division)
Main Examination – 2011
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)     Explain the doctrine of privity of contract and distinguish between privity of contract and privity of consideration.  State the exceptions to the privity of contract with illustration and decided cases.                                                                         (10)
(b)      Discuss in detail with the help of the Supreme Court judgments, the doctrine of "irretrievable breakdown of Marriage", as a ground of Matrimonial relief.                       (10)
(c)     Define 'actionable claim'.  Are the following actionable claims under the Transfer of Property Act, 1882:-                                                    (10)
(a)  A Muslim widow's claim for unpaid dower.
(b)  A maintenance allowance payable at a future date.
(c)  A judgment debt or decree.                                                   (10)
(d)      How is the period of limitation reckoned under the Indian Limitation Act, 1963 in the following cases:-
(i)  a minor,
(ii)  an insane person, and
(iii)  an idiot person.?                                            (10)
Q.2    (a)     Discuss with the help of relevant provisions of the Indian Contract Act and decided cases, the meaning of 'Mistake of Law' and 'Mistake of fact' and their effect on contract.                (14)
(b)      Examine the policy underlying the principles of law resulting to agreements in restraint of trade.  In what circumstances and subject to what limitations can such agreements be enforceable?
(13)
(c)     'D' took his friend, 'E' for a ride on the mini train at a fairground.  He paid the fare for two and put the tickets into his pocket without looking at them.  During the ride, their vehicle overturned due to a defect in its construction.  'D' and 'E' were both seriously injured.  There was a large notice at the entrance, saying that " All passengers ride at their own risk" , and on the back of the tickets were the words, "The proprietor is not to be held liable for injuries to riders on the mini train, no matter how caused."  Advise 'D' and 'E'.                                                    (13)
Q.3    (a)     Explain clearly the basis and scope of the doctrine of "factum valet".  How for this theory is applicable in the law of marriage and adoption after the codification of Hindu Law in 1955 – 1956?                                                                    (13)
(b)     The real brothers 'Hukum Singh and Sukhram and Sukhram's son Chhida constituted a joint Hindu family governed by the Mitakshara school under which a Coparcener without obtaining the consent of the other Coparceners was not competent to sell his undivided shares for his own benefit.  Hukum Singh died in the year 1952 and his widow Krishna Devi on 15.11.1956, sold ½ share in the family house and shop to Gauri Shankar.  Sukhram and Chhida filed a suit which was contested upto the Supreme Court of India.  Decide:                        
(i)  Whether the sale deed is liable to be cancelled.
(ii)  Whether the Hindu widow's right in property of the joint Hindu family become larger than her deceased husband.
(iii) Whether Krishna Devi continue to have only limited interest / or she become absolute owner on that date.                                                          (14)
(c)     "It is a common knowledge that provision of Monogamy has been defeated by husband married under Hindu Marriage Act, 1955 embracing a religion, which permits Polygamy and then marrying another woman without divorcing first wife."  Explain above statement with the help of case law.                                                                      (13)
Q.4    (a)     State the doctrine of Lis-pendens.  Point out the requisite conditions in which the doctrine of 'Lis-Pendens'  applies.  Does the above doctrine apply to Partition suits?                           (14)
(b)     Make an assessment of the rules governing transfer for the benefit of "unborn person."  IIIustrate your answer.                                                               (13)
(c)     'H' and his sister 'R' inherited the property of their Mother, but the name of 'H' alone was recorded in the revenue papers and he dealt with the whole of the property as his own.  In 1950 he alone Mortgaged the property, and afterwards redeemed the Mortgage, 'R' had not taken any exception to the Mortgage.  Twenty five years afterwards, he again Mortgaged the property to the same Mortgagee, who satisfied himself that 'H's name was still in the revenue papers as the recognized owner of the property.  'R' then sued to annual the Mortgage so far as her share in the property was concerned and to recover her share.  Decide with the help of decided cases.                                           (13)
Q.5    (a)     What do you understand by acknowledgement of liability.  Discuss the effect of acknowledgment of the running of limitation under the limitation Act, 1963.  Refer to recent case law.
(14) 
(b)     Can a Court entertain an appeal or an application after the expiry of the period of limitation.  If so, under what circumstances and on what grounds?  Mention the relevant provisions of the Limitation Act, 1963 and decided cases.                                                (13)
(c)     Some construction work was awarded to the petititioner.  Contract was nine months and scheduled completion was 16.09.1985.  Work however could be completed by the petitioner only beyond schedule period i.e.  on 30.07.1986 and after extension was granted for completion of the same.  In the final bill dated 11.08.1986 the respondent made deduction out of the final bill by way of penalty in terms of the contract.  The Petitioner protested against the aforesaid deduction by letter dated 15.09.1986.  Another payment in respect of the contract was released by the respondent on 15.10.1987.  On 17.06.1990 the petitioner invoked the arbitration agreement regarding the aforesaid deducted amount.  The respondent raised the plea that claim of the petitioner by Limitation.  Decide that plea giving reasons.                                                             (13)
Q.6    (a)     'A' undertakes to repay 'B' a loan of Rs. 50,000/- by 10 equal monthly installments with a stipulation that in default of payment of any installment the whole shall become due.  Can the contract be enforced according to its terms?  Give reasons and also mention the relevant provision of Indian Contract Act.  Refer to case law.                                                  (13)
(b)      In the light of the recent judicial decisions, discuss fully the changing concept of Marriage under the Hindu Marriage (Amendment) Act, 1976.                                       (14)
(c)     "In case of a fraud or mistake the period of limitation does not begin until the fraud or mistake has been discovered by the plaintiff or the applicant."  Explain with case law and relevant provisions of Limitation Act, 1963.                                                     (13)
Q.7    (a)     'A' borrows money from 'B' and execute a usufructury Mortgage for the amount redeemable in any month of Jeth.  'A' then borrows a further sum from the 'B' and execute a simple money bond in which the covenant not to redeem the Mortgage until the money due on latter bond is paid.  Is this covenant v alid?  Discuss fully and mention the provisions of Transfer of Property Act, 1882.
(13) 
(b)     The workers of factory go on stike.  The management of the factory announced that additional payments will be made to such workers who will continue to work during stike period.  When the strike ended the manager refused to make additional payments to such workers.  Is there any remedies for such workers in the Indian Contract Act?  State them clearly with case law.
(13)
(c)      What is the difference between between eviction from the 'occupancy' and eviction from the vacant building, under the H.P.  Urban rent Control Act, 1987.  Refer to case law.
(14)  
Q.8    (a)     Explain fully the test laid down by the Courts relating to the determination of 'fair rent' by the Controller, under the H.P.  Urban rent Control Act, 1987.  Refer to case law.                             (14)
(b)     Discuss in detail the various modes of the eviction of tenants under Section 14 of the H.P. urban Rent Control Act, 1987.  Refer to recent case law.                                            (13)
(c)    'A' had let out building 'X' in Shimla to 'B' on 15.0.1980 for residential purpose on a monthly rent of Rs. 10,000/-.  There was an agreement which provided that the tenant would vacate the tenanted building after expiry of 3 years from the date of tenancy.  Tenant did not vacate the building after the expiry of 3 years and Landlord filed an application before the Controller for possession of tenanted building.  Case came up for hearing before Controller.  Tenant appeared before the Controller and prayed for time of four months to vacate the building.  Landlord 'A' agrees to the request of tenant 'B'.  Their statement were recorded by controller and in terms of the statement of the parties consent order of possession of the tenanted building was passed in favour of Landlord.    
After expiry of four months of the passing of order for possession the tenant did not vacate the tenanted building.  Landlord filed an application before the Controller for execution of the order.
Comment, whether the order of the Controller is legal and valid, and whether order can be executed.  Mention the provisions of H.P. Urban Rent Control Act, 1987.                                     (13)