Civil Law

DELHI JUDICIAL SERVICE – 2006
CIVIL LAW

Q.  1  (a)  A a dealer in handicrafts was entrusted an exclusively carved antique statue of Ganesha by B for the purpose of getting good offers (price) for it.  It was further stipulated that in case any offer being approved by B, A should sell it to the person offering the best price.  A on finding a good buyer C, sold the Ganesha Statue to him who in turn bought it in good faith.  A disappeared with the money and B sued C for the recovery of the Ganesha Statue.  Can B recover the Ganesha Statue from C?  Give reasons for your answer.
(b)  A an industrialist fell into bad times and could not pay municipal tax of Rs. 2 lakhs due on his cotton mill.  He leased the cotton mill to B without paying over due municipal taxes.  B paid the taxes to save the property from being sold.  Can B recover the tax amount from A?  Decide with reasons.
(c)  "A & Co." is engaged in the business of manufacture and sale of railway products like wagons, bogies etc. 'B India Ltd.' a government owned undertaking allotted to "A & Co.", a contract for the supply of bogies in January 2004.  In compliance with the terms of the contract between the parties, "A & Co."  furnished a performance guarantee being a bank guarantee for Rs. 10 lakhs issued on 'Bank C'.  The guarantee is unconditional and obliges the 'bank C' to pay to B India Ltd.  the amount guaranteed upon it on making a written demand declaring "A & Co."  to be in default under the contract.  By December, 2004, "A & Co." had to supply 200 out of 400 wagons which it failed to do.  'B India Ltd.' extends the time for performance to July 2005 but again "A & Co." defaulted.  'B India Ltd.' terminated the contract by an order dated August 1, 2005.  'B India Ltd.' simultaneously called upon 'bank C' to remit to its account a sum of Rs. 10 lakhs towards the performance guarantee furnished.  "A & Co." moved the court for injunction against invocation of bank guarantee.  Can injunction be granted?  Decide.
(d)  Z contracted to sell X half kilo of gold, to be delivered and paid on 01.07.06.  The gold was tendered on this date but X declined to take delivery or pay for it, as there was a death in his family and buying anything was considered inauspicious.  On 01.07.06 the price of half kg of gold was Rs. 10,000 less than the contract price.  Z wanting a better price waited for the price to rise and sold it after one month for Rs. 50,000 less than the contract price.  Z sued X for damages.  Decide.
Q.  2  (a)  Do the following documents require compulsory registration:
(i)  Will;
(ii)  Lease Deed;
(iii)   Adoption Deed;
What is the effect of non-registration of document which requires compulsory registration?
(b)  Salma, a girl of 5 years was married to Rahim a boy of 8 years in 1994.  Their marriage was consummated in 2003.  Salma is now 17 years old and she does not want to continue her marriage with Rahim.  Is her marriage as a minor valid?  What remedy is available to Salma under the Muslim Law?  Would the case be different if the marriage was consummated in 2002.  Or if both parties were Hindus.  Decide with the help of case law.
(c)  A and B enter into a contract to become partners in a shoe business.  The contract does not specify the duration of the proposed partnership.  A changes his mind and backs out of the idea and so is no longer willing to perform the contract.  B files a suit for specific performance of contract.  Can such a contract be specifically enforced?  Decide with reasons.
(d)  A agreed to purchase from B under two contracts 400 tons to wheat to be delivered on 01.01.06 and 23.02.06.  A having failed to take delivery on 01.01.06.  B claimed to rescind both the contracts.  A sues for damages.  Is A's suit maintainable?  What are the situations in which Court can refuse rescession of a contract?  Decide.
Q.  3  (a)  A the owner of two adjoining houses lets one to B and afterwards lets the other to C.  A and C begin to make such alterations in the house let out to C which will prevent the comfortable enjoyment of the house let to B.  What remedy does B have?
(b)  A Hindu male got married to B in 1989 in his village.  A after 2 years of marriage developed illicit relations with C because of which his marital relations with B were strained.  B left A's house and started living with her parents.  A pleaded with the local panchayat that he may be granted divorce, both A and B were heard by the Panches and deed of divorce was drawn up by the Panches and published according to customs applicable to the parties in 1995.  Thereafter A got married to C a reconvert-lingayat according to his customs.  B is against their marriage and claims to be the legally wedded wife of A alleging that their marriage was not dissolved by a Court decree.  Can A be prosecuted for bigamy?  Is his second marriage valid?  Decide with reasons.
(c)  A a colonel in the army let out his house in Panchseel, New Delhi to B a businessman in 1980 for Rs. 3500 per month.  A is due to retire in 2007.  He wants to settle in Delhi and only owns the tenanted premises.  B has been a troublesome tenant and has made alterations in the flat without A's consent.  One such alteration has caused dangerous cracks to develop in the roof.  B has also sublet one room of the house to C without A's consent.  A wants to evict B.  Discuss legal remedy available to him.
Q.  4  (a)  Radha, a school teacher gets married to Raman an engineer.  They both were living in Delhi.  In 2004, Raman got a job in Bangalore and so he went to Bangalore.  Radha, refused to join him since she did not want to leave her permanent job in the government school.  Raman insisted her to join him in Bangalore and when she refused, he filed a suit for restitution of conjugal rights against Radha.  Will Raman succeed?  What do you understand by the term Matrimonial home?  Who has a ight to decide the suit of matrimonial home?
(b)  A and B were married in 2000.  They were living happily and had a son C in 2002.  A the husband started suspecting that B the wife was having an extra marital affair with D and the child C is not his son.  He filed a petition for divorce against b in 2004 on the ground of adultery and cruelty and got a decree of divorce.  When B filed for maintenance for C, A declined that C is his son and asked for a DNA test to be done on C to determine his paternity.  The test was done and the result showed that C was not the son of A.  Is A liable to pay the maintenance of C?  Decide with reasons.
(c)  A was riding on a scooter (two wheeler) at 9 km per hour on a summer evening when suddenly he was thrown off the scooter when he drove over a manhole which was 6 feet below the regular level of the road.  There was no caution or sign board put at the site.  The manhole was right in the middle of the road.  The liability of maintaining manholes in proper conditions is that of Delhi Jal board.  A a result of fall, A broke his spine and was rendered paralysed.  What civil remedy does A have?  Discuss.
(d)  Discuss "The Burden of Proof" with the help of judgments?
Q.  5  (a)  A and B are former partners of a partnership firm namely X running a restaurant.  C is an outgoing partner of the partnership firm wants to start restaurant business in the same area.  A and B bring a suit against C to enforce and agreement restraining him from carrying on in same area any business similar to that of the firm X an unregistered firm.  Is the suit maintainable?  Decide with the help of case law.
(b)  X & Co. a registered partnership firm borrowed from Y a sum of Rs. 1 lakh on 01.01.1998.  On 28.07.2000, A recently retired partner of X & Co.  wrote a letter to Y asking him to send a copy of the accounts showing what amount was due by the firm to Y.  No public notice of the retirement of A on the reconstituted firm has been given.  Y brings a suit for recovery against X & Co.  on 20.07.03.  Is the suit maintainable?  Discuss.
(c)  A is a manufacturer and supplier of stones having its registered office at Ajmer (Rajasthan), while B is registered partnership firm doing business in stones at Ambala.  A entered into an agreement with B on 06.07.2006 wherein A was to supply 200 pieces of costly stones to B with stipulations, inter alia, as follows "any dispute arising out of this sale shall be subject to Court jurisdiction either at Ambala or Delhi".  Subsequently, disputes were arising out of the contract, then B being permanent resident of Delhi filed a suit at Delhi for recovery of some damages and claiming money to be refunded as it was advance money.  Now, decide about the issue of jurisdiction along with the validity of the contract with case law.
Q.  6  (a)  Write short notes on the following:
(i)  Precept
(ii)  Inter-pleader suit
(iii)   Garnishee order
(iv)   Applicability of Res judicata to consent decrees.
(b)  A litigant filed a complaint before the Bar Council of Delhi against his advocate alleging negligence.  This complaint was dismissed.  Aggrieved by dismissal order of State Bar Council, A filed revision before Bar Council of India.  This revision was also dismissed on merits by speaking order.  Subsequently, A filed a civil suit for damages based on negligence of B.  Is decision of Bar Council of India will operate as res judicata in this suit?  Discuss the law and decide with reasons.