Delhi Judicial 2011 Civil Law-I Question Paper

Delhi Judicial 2011 Civil Law-I Question Paper

Time: 3 Hours Total Marks: 200

This question paper comprises of two parts i.e. Part-A and Part-B. Candidates should answer Part-A and Part-B questions in separate answer sheets. If any question of Part-A is attempted in Part-B answer sheet or vice versa, it would not be evaluated.

PART A

Note: Question No. 1 & 2 are compulsory. The candidates may attempt any two questions out of questions No. 3 to 6.
Even if you do not know the answer, you may attempt the questions as the test is not only of knowledge of law but of the candidate’s analytical skill also.

Q. 1. Kanika agreed to sell a plot of land measuring 200 sq. yards to Pradeep for a consideration of rupees ten lakhs by an agreement ‘X’ executed on 01.01.2000. The agreement begins as “Agreement for Sale between Kanika and pradeep” and ends”in witness whereof the parties have hereunto set and subscribed their respective hands and seals on these presents”. On that very day a sum of rupees one lakh is paid as earnest money for which a separate receipt is executed and signed by Kanika. The sale was to be completed within a period of six months after obtaining all clearances from the DDA. A further sum of rupees one lakh was paid on 02.02.2000 and an endorsement was made on the earlier receipt. Kanika refused to execute the sale deed and denies the agreement ‘X’. She says that her signatures were obtained on a blank paper. ‘X’ does not bear signatures of Pradeep. Kanika pleaded that since ‘X’ was not signed by pradeep there was no concluded contract between the parties. Though the receipts for rupees two lakhs were denied, but the same were proved. Kanika was unable to prove the circumstances under which she signed a blank paper. A suit is filed by pradeep for specific performance of the contract.
Whether the agreement is valid and binding? Decide and write a judgment with case law, if any. (Marks 25)

Q. 2. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife ‘W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement as she was owner of one half share having devolved upon her on death of her son. In the notice she stated that she was not willing to sell her share and was ready to purchase the share of the vendor ‘H’. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor ‘H’. The vendee files a suit for specific performance. Decide. (Marks 25)

Q.No. 3
(a). Explain doctrine of frustration or impossibility. Give illustrations. (Marks 12.5)
(b). Discuss exceptions to the rule of ‘Caveat Emptor’. (Marks 12.5)

Q. 4
(a). ‘A’ is an outgoing partner of the firm ABC. By an agreement between all the partners, ‘A’ was prohibited from carrying on business, carried on by the firm within the National Capital Terrritory of Delhi.
Whether the agreement is in restraint of trade? Can the agreement be enforced by the continuing partners? (Marks 12.5)
(b). A partnership firm opened a bank account. The account was to be operated by ‘A’ and another partner jointly. No authority was given to ‘A’ to act as an agent of the firm. ‘A’ executed an acknowledgement in favour of the bank. Is the firm bound by acknowledgement given by ‘A’?
Discuss. (Marks 12.5)

Q. 5
(a). A promissory note was signed by a minor for consideration received by him. On attaining majority, he ratifies that promissory note. Can the creditor enforce if? Explain. (Marks 12.5)
(b). In an auction of liquor shop by the State, the highest bid is offered by ‘A’ but he fails to deposit the prescribed minimum amount within the stipulated period and the bid is not accepted. In re-auction, the amount fetched is less than what was offered by ‘A’. The State files a suit for damages against ‘a’ for breach of contract to recover the loss suffered by it. ‘A’ contests the suit denying his liability.
Decide. (Marks 12.5)

Q. 6
(a). A share broker having sold shares of a Company in Bombay handed to the buyer the share certificates together with blank transfer deeds signed by the registered holder. The buyer gave a cheque for the price, the cheque was dishonoured on presentation and the buyer failed to pay the price. The buyer in the meanwhile sold the shares to the respondent and handed over to him the certificates and transfer deeds. The seller sued the buyer and the respondent for return of the certificates and transfer deeds and for damages. Decide with reference to the section(s) of the Sale of Goods Act, and case law, if any. (Marks 12.5)
(b). ‘A’ is tenant under ‘B’ on an agricultural land. ‘B’ was in arrears of land revenue payable to the Government. The land is put to sale by the Government. Consequent upon sale taking place, lease in favour of ‘A’ was liable to be annulled under Revenue Laws. In order to avoid the land being put to sale, ‘A’ pays land revenue arrears to the Government. Can ‘A’ recover the amount from ‘B’?
Discuss. (Marks 12.5)

PART B

Answer only two questions from each Section I, II, III and IV. Wherever necessary, answer with reference to statutory provisions as also case law, if any.

(SECTION-I) (ANSWER ANY TWO)

Q. 1. ‘H’, a divorcee, married ‘W’ in the year 2005. ‘H’ discovers in the year 2008 that ‘W’ was already married to ‘N’ in London and had married him without obtaining divorce from ‘N’. ‘H’ alleges that ‘W’ never informed him regarding the previous marriage. Immedidately, in the year 2008 ‘W’ obtains a decree of nullity of marriage with ‘N’.(Marks 15)

Q. 2. ‘H’ files a petition against wife ‘W’ for divorce on the ground of adultery. ‘W’ files a petition against ‘H’ seeking restitution of conjugal rights. During the pendency of both the petitions, ‘H’ and ‘W’ mutually resolve to get separated by mutual consent and move for conversion of petition filed by ‘H’ seeking divorce to seeking divorce by mutual consent.
Can they also move for conversion of petition seeking restitution of conjugal rights to one seeking divorce by mutual consent? What according to you are the requirements to be satisfied for grant of divorce by mutual consent? (Marks 15)

Q. 3 Section 6 of Hindu Succession Act, 1956 deals with devolution of interest in Coparcenary Property amongst the members of the coparcenary. (Marks 15)

(i) What do you understand by Hindu Mitakshara Coparcenary?
(ii) What are the rights and liabilities of the daughters in Hindu Mitakshara Coparcenary Property?
(iii) Can a daughter make a will of coparcenary property?

(SECTION-II) (ANSWER ANY TWO)

Q. 4. Under Delhi Rent Control Act, a tenant can be evicted where he has built, acquired or has been allotted residence. ‘A’ let out suit premises to ‘B’ for, residential purpose in October, 2005. On or about 2008, B’s wife was allotted a government flat due to her employment. A year after, ‘A’ sues ‘B’ for eviction on the ground of ‘B’ having acquired a residence.
Would it make any difference if B had built a residential house with his own savings? (Marks 15)

Q. 5. ‘A’ let out his premises to ‘B’ vide a written agreement for the purpose of a guest house for the officers of the company of ‘B’. The premises was used for considerable time for guest house, but later on, it was also used as company’s office. ‘A’ filed a petition under Section 14(1) (e) read with Section 25(B) of Delhi Rent Control Act for bona fide requirement of said premises for his residence and that of his family members comprising of his wife, aged parents and two self employed grown up marriageable age sons. The respondent contested alleging the purpose of letting it be for office purpose and the petititioner not requiring the premises for residence for himself or that of his family members, he being in possession of five bed room accommodation on the first floor of the same premises. Discuss. (Marks 15)

Q. 6. A landlord lets out his premises to a tenant for the purpose which is contrary to the terms of perpetual lease granted by DDA. DDA threatens to cancel the elase on the ground of misuse. Can landlord seek eviction of tenant under Section 14 (1) (k) of the Delhi Rent control Act?
What defence is open to the tenant in such a case? Discuss. (Marks 15)

(SECTION-III) (ANSWER ANY TWO)

Q. 7. The defendant tenant was carrying on business in shoes and had stored in a store room combustible material. Some of his workers used to smoke cigarettes and biris in the premises itself. Fire broke out causing substantial damages to the building which was about eighty years old. One worker also sustained serious injuries. Discuss his liability, if any, towards the owner of the building and the injured worker. (Marks 10)

Q. 8. There is a distinction between Tort and Crime, but there are various wrongs which find place both under Criminal Law and Law of Torts. Comment. (Marks 10)

Q. 9. Though, the concept of Tort is essentially based on the principle of Equity and Justice, but the essence of tortuous liability lies in violation of legal right. Discuss. (Marks 10)

(SECTION-IV) (ANSWER ANY TWO)

Q. 10. How, what and from whom a Muslim woman can claim maintenance for herself and children? Whether, she would be entitled to maintenance for herself and children after a divorce from husband? Explain. (Marks 10)

Q. 11. What are the essential requirements of a valid gift or ‘Hiba’ under Mulism Law in the case of ancestral and self acquired properties, movable or immovable? Explain. (Marks 10)

Q. 12. Do you agree that marriage in a Muslim Law is a civil contract? What are the rights of a minor girl married by her guardian? What is the Muslim Law on the subject? Discuss. (Marks 10)