Haryana Judicial 2001 Civil Law-I Question Paper

Haryana Judicial 2001 Civil Law-I Question Paper

All questions are compulsory. Answer all of them.

Q 1. (a) What is set off? Discuss the provisions regarding set off as provided under the Civil Procedure Code and distinguish between legal and equitable set off.

(b) A sues B, on a Bill of Exchange. B alleges that A has wrongfully neglected to insure B’s goods and is liable to him in compensation which he claims to set off. Can the amount be set off? Discuss.

Q 2. (a) Explain and illustrate the principle of restitution. Is an order granting restitution appealable?

(b) Who may apply for restitution? Against whom restitution can be granted?

Q 3. (a) Discuss the principle of ‘Res-judicata’ in the following proceedings:
(i) Application for Amendment of Decree
(ii) Application for review
(iii) Order of maintenance

(b) Distinguish between ‘Res-judicata’ and ‘Res-subjudice’.

Q 4. (a) Unless a right of appeal is clearly given by statute, it does not exist? Comment. Can an appellate court reverse a decree on the ground of misjoinder of parties?

(b) The head office of a transport company was situated at Chandigarh and the branch offices at Lucknow, Jaipur and Patna. A dispute arises between X and the company in respect of a transaction made through Lucknow office. X files a suit in respect of this dispute against the company in a Court at Jaipur. How the court will decide?

Q 5. (a) What do you understand by ‘Substantive’ and ‘Adjective’ Law? In which category will you place the law of evidence? Explain.

(b) Explain and illustrate ‘Fact in issue’ and ‘Relevant fact’.

Q 6. (a) State whether a confession before a Police officer/ Magistrate is admissible? If so, explain its rationality.

(b) X, lodged on FIR before a police officer in the nature of confession stating that he murdered his wife Y, as she was a woman of bad character. Is the above statement admissible? If so, to what extent and under what circumstances? Discuss.

Q 7. (a) Write short notes on the following:
(i) Examination-in-Chief
(ii) Cross-examination
(iii) Re-examination

(b) State and illustrate the rule of estoppels as enacted in Indian Evidence Act.

Q 8. (a) ‘Restitution stops, where repayment begins’. Discus the above statement in the light of decided cases.

(b) X agrees to sing at Y’s theatre for one week and also agrees not to sing at any other theatre during that period. Later on X contract with Z to sing during that week at Z’s theatre. Can Y sue for an injunction to restrain X?

(c) A agrees to give the use of his hall to B for holding a concert on a prescribed date. However, the hall was destroyed by fire prior to prescribed date. B sued A for damages for breach of contract. Will B succeed?