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HARYANA CIVIL SERVICE(JUDICIAL) 1984-86

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HARYANA CIVIL SERVICE JUDICIAL EXAMINATION, 1984

Paper I
Civil Law


Q. 1. (a) Discuss fully the inherent powers of the Court under Civil Procedure Code.
(b) C files a suit against D for property X and court passes a decree for property Y. The time for appeal had elapsed, in execution the mistake is detected. Advice C.
(c) A files a suit against B. On the date hearing, A remains absent and the suit is dismissed for default. Advise A.

Q. 2. (a) What do you understand by a representative suit? By whom and under what circumstances can such a suit be brought?
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint promissory not payable on demand, and delivered it to A. Advise A, for the place to institute the suit.
(c) A sues B for a declaration o title to land and obtains a decree. A then sues C for possession. C contends that B is owner and that he is in possession as B’s tenant. Decide giving reasons.
Q. 3. (a) ‘An agreement in restraint of trade is void’. Discuss, are there any exceptions to this rule?
(b) A pays B Rs. 5,000 in consideration of B promising to marry A’s daughter C. C is dead at the time of the promise. Whether B is liable to refund the amount to A?
Q.4. (a) A agrees with C to print libelous matter against C and B consideration pays Rs. 500 as advance, and promise to pay Rs. 10,000 more after the matter is printed. B claims back the advance paid. Give correct response.
(b) A finds B’s purse and gives it to him. B promises to give A Rs. 500 Can A institute the suit to acquire B money from.
(c) A promise to paint a picture for B by a certain day at a certain price A died before the day. Whether the contract can be enforced against A’s representatives?
Q.5. (a) Define consideration. Discuss that consideration and objects are unlawful under the Indian Contract Act, 1872?
(b) A accepts the proposal of B by a letter and puts it in post. But the letter is lost in post transit. Whether the acceptance is communicated?
(c) A engaged a Vakil to conduct his case for specified fees. Subsequently A promised to pay an additional remuneration if the case was to succeed. The case succeeds and the Vakil sues A for additional remuneration. What according to you will be the result of this suit?
Q.6 (a) State the various modes of dissolution of partnership firm. Explain how long the other partners are liable to third person for acts done by a partner after dissolution.
(b) What do you understand by unpaid seller? What are his rights?
Q.7. (a) Explain the essentials of partnership and distinguish it from joint Hindu family business.
(b) A sells 500 tins of kerosene oil to B and receives part payment of Rs. 3,000, A endorses the Railway Receipt in favour of B and delivers the same to B. While the goods are in transit, the goods are destroyed by fire. Who is responsible for the loss?
(c) A, B and C enter into an agreement to purchase goods in the name of A and then to divide the goods among themselves. Whether A, B and C are partners?
Q.8. (a) Discuss the provisions of the Coe of Civil Procedure regarding appointment of receiver.
(b) What do you understand by inter pleader suit? When can it be filed?
Q.9. (a) mention the contracts which can be specifically enforced.
(b) Distinguish between temporary and perpetual injunctions. When can the court grant them?
Q.10. (a) Ram an accused of an offence of murder stated before a police officer that, ‘The knife by which I have killed Sohan has been hidden by me in the field, which I can show’. On this information the police officer discovers the said knife from the field, on which human blood is detected. Is the whole statement given by the accused admissible in evidence? If not, what part or parts are admissible in evidence? Give reasons clearly.
(b) A intentionally and falsely leads B ‘to believe that certain land belongs to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that at the time of the sale, he has no title. Can A prove his want of title? Give reasons.
Q.11. (a) What confessions are relevant in evidence? Refer to relevant provisions of the Evidence Act and give suitable illustrations.
(b) A is charged with traveling on a Railway without ticket. He denies this on whom does the burden lie?
(c) the question whether A robbed B, whether the facts that shortly before the robbery, B went to a fair with money In his possession and that he stored it or mentioned the fact that he had it to third persons are relevant?
Q.12.(a) Can additional evidence be taken by appellate court?
(b) Can appellate court send a case to trial court for recording additional evidence?
(c) What persons are exempted from arrest under civil process?



PAPER II
Civil Law

Q. 1. ‘Hindu Law strictly so called did not allow divorce except in certain cases where it was permitted by custom.’ Critically examine ibis statement and point out how far, if at all, divorce was permitted under the shastric Hindu Law. How far and in what circumstances is statutory divorce permitted in Hindu law?
Q. 2. (a) Discuss the method of devolution of the property of a Hindu female dying intestate.
(b) P, a Hindu woman, embraces Islam and thereafter asks Q, her Hindu husband, also to embrace Islam. On refusal by Q to do so, P files a suit against Q for the dissolution of marriage under the Dissolution of Marriage Act. Can P succeed?
Q. 3. (a) Discuss the requisites of a valid gift under the Muslim Law.
(b) P, a Muslim male while marrying Q, a Muslim female, agreed to pay Q Rs. 25,000 as dower, half of which was prompt and the other half deferred. P died without consummation of marriage or valid retirement. Is Q entitled to dower, if so, how much?
Q. 4. (a) Discuss the effect of apostasy on the subsistence of a Muslim marriage in India.
(b) P, a Hindu female aged 30 years, wants to adopt Q, a Hindu boy aged 12 years. Will the adoption be valid?
Q.5. Explain the prohibition laid down under Hindu Law and Muslim law with regard to valid marriage.
Q.6. ‘Custom and usages that are reasonable, certain and ancient and have been adopted by a body of persons will be enforced.’ Comment by giving examples from Hindu and Mohammedan law.
Q.7. Explain the provisions of the Limitation Act relating to the computation of the period of limitation.
Q. 8. (a) Discuss the effect of death, fraud, mistake, acknowledgement in writing and substitution or addition of new plaintiffs or defendants in counting the period of limitation.
(b) The limitation period for instituting a suit by P expired when P was still a minor. Can P file the suit when he becomes major, if so, whether immediately after he becomes major or within the prescribed period of limitation after he becomes major.
Q.9. Enumerate the documents that have to be compulsorily registered. What is the effect of non-registration?
Q. 10. (a) Discus the grounds of refusal to register a document and the remedy thereof.
(b) Are the following documents to be compulsorily registered.
(i)A Will
(ii)General Power of Attorney.
(iii)A compromise of a dispute between the parties.
(iv)A lease of an immovable property for two years.


Paper III
Criminal Law

Q.1. Explain any four of the following.
Unlawful assembly.
Common intention.
Liability of child for criminal act.
Rape and adultery.
Simple hurt and grievous hurt.
Accident.
Forgery.
Q.2. Discuss fully the right of private defence of body.
Q.3. When does culpable homicide amount to murder? Give exceptions, if any.
Q.4. Discuss the following
(a)Criminal misappropriation.
(b) Sedition.
(c) Cheating.
(d) Elements of Offence.

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HARYANA CIVIL SERVICE JUDICIAL EXAMINATION, 1986
Paper I
Civil Law
Time: 3 hrs.    Max. Marks: 200
Note: Attempt any eight questions
Q. 1.     (a)    What is the scope and object of the doctrine of res judicata? Discuss the conditions necessary for its application in legal proceedings.

(b)    Nine Akali Sikhs sue for removal of the Mahant of a religious institution. The suit is dismissed on the ground that the institution is a Hindu Dera and not a Sikh Gurudwara. Subsequently and after the passing of the Sikh Gurudwara Act, 1925, sixty-four Sikhs sue for a declaration that the institution is a Sikh Gurudwara. is the suit barred by res judicata?

(c)     A, a Hindu, dies leaving a widow and a brother, B. The widow sues B for recovery of certain property alleging that it was a self-acquired property of her husband, and that a will alleged to have been executed by her husband and relied upon by B was a forgery. B alleges that the property was joint family property and that on the death of A he became entitled thereto by right of survivorship, but he does not claim any title to the property under the will. The Court finds that the property was self-acquired property of A, and decrees the widow's claim. Subsequently B sues the widow to recover the same property from her, now claiming the same as a devisee under A's will. Is the suit barred as res judicata?

Q. 2.    (a)     What is the doctrine of restitution? Has a Court inherent power to grant restitution?

(b)     A obtained a decree against B for possession. B filed an appeal against the decree, and obtained stay of delivery. The appeal was allowed and the suit dismissed. Against the dismissal A preferred a second appeal and that was allowed and the decree of trial court restored. A applied in restitution for mesne profits from the date of stay order of the first appellate court to the date of the decree of second appellate court. Is A entitled to the mesne profit so claimed?

(c)     A obtained a decree ex parte against B, and in execution of the decree brought the properties of B to sale and himself became the

Q. 3.    (a)     Does the Code of Civil Procedure make any provision for preventing courts of concurrent jurisdiction from trying at the same lime two parallel suits in respect of the same cause of action? If so, what? Discuss.

(b)     B, residing in Calcutta, has an agent at Calicut employed to sell his goods there. A sues B in Calicut claiming a balance due upon an account in respect of dealings between him and B. during the pendency of the suit in Calicut court  competent to grant the relief, B institutes a suit against A in Calcutta for an account and damages caused by A’s alleged negligence. Can the Calcutta court proceed with the trial of B’s suit.

Q.4.     (a)     What is the ambit and extent of declaratory action under the Specific Relief Act? Can declaratory action be granted outside the Act?

(b)     A is husband of W. A, files a suit for declaration that a two years old boy allegedly born to the defendant wife W was not his son. An objection is taken that the suit was premature as no maintenance and rights in A’s estate were being claimed against him, and that the interest of the minor should not be prejudiced by deciding a question which will arise in future. Can a declaration be granted to A?

(c)     A, a worshipper files a suit for declaration that certain properties belonged to the deity. Here it is clear that the worshipper A is not claiming for himself and legal character or right in the property. The suit does not come within the purview of Section 34 and Section 35 of the Specific Relief Act. Is the worshipper entitled to maintain the declaratory suit?

Q.5.     (a)     What are the principles for issue of injunctions under the Specific Relief Act? How many kinds of injunctions can be granted under the Act?

(b)     A is wife of B. A files a suit for grant of injunction against her husband B restraining from marrying a second wife. Is A’s suit for injunction maintainable?

(c)     A Municipal Committee issue a notice to B a house owner for removing certain encroachments from the municipal land. B files a suit for injunction to restrain the Municipality from doing so. Can injunction be issued?

Q.6     (a)     A offered to by B’s bungalow ‘ML’ for Rs. 6.000. and B’s agent cabled to B, ‘Have had offer ML Rs. 6,000’. The agent received the reply, ‘Wont accept less than Rs. 10,000’. A accepted the price of Rs. 10,000 and confirmed his acceptance by sending a letter to the agent. But B sold the bungalow to some-one else for a higher price. A sues B for specific performance of the contract. Can A succeed?

(b)    A offered by letter to buy his nephew F’s horse for Rs. 10,000 adding that, ‘If I hear no more about this, I shall consider the horse to be mine at Rs. 10,000’. No answer was returned to this letter but F told B, an auctioneer, to keep the horse out of sale of his farm stock, as he intended to reserve it for his uncle A. B sold the horse by mistake. A sues F for breach of contract and claims compensation. Decide.

Q.7.      (a)    A and B are friends. B treat A during A’s illness. B does not accept payment from A for treatment and A promises B’s son X, to pay him Rs. 1,000. A, being in poor circumstances, is unable to pay. X sues A for the money. Can X recover.

(b)     A, a female singer agreed to sing in the theatre of B for two days in September, 1984. One day before the programme was scheduled, she attended a party and took lot of ice-cream. The result was that her voice was cracked and she was unable to sing on the days agreed upon in B’s theatre. B sued A for damages. Can B succeed?

Q.8.     (a)     A entered the shop of X, a jeweler and posed himself to be a certain respectable person. A gave a cheque for two diamond rings purchased from X’s shop and the cheque was dishonoured. A sold the two rings to Y, X sues Y to recover the rights. Will X succeed?

(b)     Harun, a horse dealer, employed Ben Bella, his brother to sell a horse to Gymkhana Race Club instructing him (Ben Bella) not to warrant the horse. Ben Bella never tackles gave a warranty, and the horse being in fact unsound, Gymkhana Club sued Harun for its breach. Discuss Harun’s liability.

Q.9.     (a)    The Central India Machinery Manufacturing Co. Ltd., agreed to manufacture and supply wagons to the Union Government. The agreement was made between the Company and the Railways Board which acted on behalf the Union Government. Is it a contract of sale of goods or a contract for work and labour?

(b)     A sold to B a scooter for a sum of Rs. 7,000. B pays the whole price except Rs. 1,000 which he promised to pay within five days. A holds the possession over the scooter until the rest of money is paid. But before the expiry of the stipulated time B becomes insolvent. A resold the scooter to C for Rs. 7,500 without giving notice to B. B claims from A Rs. 500, i.e. profit on resale. Is A liable?

Q.10.     (a)     A and B are partners. A becomes; bankrupt. B continues to carry on the trade of the firm and pays partnership moneys into a bank to meet current bills of firm. The bank claims money against the receiver in bankruptcy. Decide.

(b)     A and B enter into a partnership for a period of 15 years. B pays a sum of Rs. 10.000 to A as premium. Long before the expiry of 15 years. A is adjudged bankrupt. B claims refund of proportionate premium which he has paid to A. Decide.

Q.11.    (a)    Under what circumstances are previous depositions admissible in subsequent proceedings?

(b)    A contracts in writing with B for the delivery of wheat upon certain terms. The contract mentions the fact that B had paid A the price of other wheat contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other wheat. Is the evidence admissible? Give reasons for your answer.

Q.12.    (a)     Define and explain the law of Estoppel as laid down by the Indian Evidence Act.

(b)     A has been adopted by B. A sues B as his adoptive mother for the property of his deceased adoptive father. B disputes the fact of adoption. It is admitted that she (i) took part in the adoption ceremony, (ii) allowed A to perform the funeral rites of the adoptive father. Is B estopped?

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Paper II
Civil Law
Time: 3 hrs.    Max. Marks: 200
Note: Answer any Five questions out of which Three must be from Part A and Two from Part B.
Q. 1.         Explain:--
(a)    Conditions essential for a Hindu marriage.

(b)    Requisites of a valid adoption.

Q. 2.        Section 14 of the Hindu Succession Act, 1956 makes property of a female Hindu to be her adoptive father or mother for all purposes with effect from the date of adoption.

Q. 3.        Discuss the law relating to the right of divorced Muslim woman to claim maintenance.

Q.4.         ‘Marriage among Mohammedans is not sacrament, but purely a civil contract.’ Discuss this statement with reference to the contractual nature of a Muslim marriage.

Q.5.     (a)     Explain fully the concept of Wakf. Discuss the effects of the Mussalman Wakf Validation Acts of 1913 and 1930.

(b)     When is a Hindu entitled to claim maintenance? Discuss.

Q.6     (a)     Discuss the importance of customary rules as a source of Hindu and Muslim law. What is the effect of legislation on such rules? Explain giving  illustrations.

(b)    Who are the natural guardians of a Hindu minor? What are their power? Discuss.
Part B
Q.7.      (a)    ‘…Every suit instituted, appeal preferred, and application made after the period of limitation prescribed therefore …. Shall be dismissed’. Explain the statement with reference to its exceptions, if any.

Q.8.     (a)     Discuss the provisions of the Indian Limitation Act, 1908 regarding the acquisition of ownership by possession.

(b)     A gives a promissory note to B on 1.1.1983. A was out of India from 1.1.1984 to 1.1.1986. B sued A on 2.1.1986. Is this suit within the period of limitation? Discuss.

Q.9.     (a)    There are some documents of which registration is optional. Which are those documents? Explain the effects of registration.

(b)     A presented a document written in Tamil for registration. The registration officer refused to register it on the ground that he did not know the language. Advise A.

Q.10.     (a)     Discuss the provisions of the Indian Registration Act, 1908 regarding presenting and deposit of wills for registration.

(b)     A lease for one year containing an option to the tenant to renew for a further period of one year. Is such a lease compulsorily registrable? Explain giving reasons.

*****
Paper III
Criminal Law
Time: 3 hrs.    Max. Marks: 200
Note:
(1)        Answer eight questions.
(2)        Figures to the right indicate full marks
(3)        Answer should be precise.
(4)        Reference of sections and important decisions wherever relevant should be given.
Q. 1.         What do you understand by ‘abetment of an offence’? Discuss with the help of illustrations and decide cases.

Q. 2.    (a)     In what way is the offence of dacoit different from a robbery and theft?

(b)     A along with the child was crossing a river-bridge. B appears suddenly on the bridge, picks up the child and threatens to throw it down into the river unless A gives him his golden ring and the money bag. When A refuses to part with the above object, B put back the child on the bridge and runs away from the sight. What offence, if any, was committed by B?

Q. 3.        Distinguish between the two offences mentioned below:--
(a)     Riot and affray.
(b)    Theft and extortion.
(c)     Cheating and criminal breach of trust.
(d)    Criminal trespass and mischief.
Q.4.         Write short notes on any four of the following:
(a)     Criminal intimidation.
(b)    Criminal conspiracy.
(c)     Criminal liability of minor.
(d)    Mistake of fact
(e)    Insanity.
(f)    Vicarious liability.
Q.5.         What procedure a magistrate has to follow when there is a dispute regarding possession of immovable property giving rise to apprehension of breach of peace? What is the scope of such proceedings?

Q.6        What is the scope of criminal appeal and revision? When can a revision be filed and in which court and on what grounds?

Q.7.         State with reasons which of the courts shall have jurisdiction to try the cases arising out of the following facts:
(a)    A is kidnapped from Lucknow and is recovered from a house in Kanpur.

(b)     Injuries were caused to X at Lakhimpur. He dies of those injuries at Kanpur where he was brought for treatment.

(c)    A dacoity was committed in town Patna, the dacoits were arrested at Dhanbad, the looted property was recovered from a goldsmith at Gaya.

Q.8.         Explain any three of the following:
(a)     First Information Report
(b)    Summary Trial.
(c)     Search warrant
(d)    Joinder of accused persons
(e)    Arrest without warrant.
(f)    Discharge and Acquittal.

Q.9.         What are the rules of burden of proof? What is nature of burden of proof on an accused under Section 105, Indian Evidence Act?

Q.10.         Oral evidence is excluded by documentary evidence. Explain this rule and state the exceptions, if any, to this rule.

Q.11.        Define the expression ‘Estoppel’ and discuss its kinds. A takes a house on rent from B and lives in the same as tenant. Can A be permitted to deny the title of B, his landlord regarding the said house. If not, why?

Q.12.        Discuss the following:--
(a)     Hostile witness.
(b)    Judicial notice.
(c)     Privileged communication.
(d)    Circumstantial evidence.
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