Civil Law-I
(Descriptive)
Part-A'
locker services fromthe State
1 (A) x took Bank of India and kept all his family
land
jewellery,and
documents in the
said locker. He died intestate, and
his death, three people A, B
after and C approached the bank claiming
rights over the
their respective said locker
and deposits. A, aged 21 years,
laims to be an ad0pLe sonof X, though living separately due to family
fends between X and SDrother. B, who is a real brother of X, dlaims his
right over the property of X as per the law relating to Hindu Succession.
His wife, C claims to be a person who has supplied essentials including
financial support during the last three years when X was bedridden due
topoor health. He has produced documentary proof of
financial transactions
between him and X.
To resolve the dispute as the rightful owner of the said property, the State
Bank of India approached the local civil court to file an interpleader suit.
Prepare a plaint on behalf of the State Bank of India framing all necessary
parties, based on the relief claimed by the bank as per the above facts,
and in accordance with the Code of Civil Procedure, 1908.
(08 Marks :250 words)
AND also prepare a written statement for A, B and C, articulating a proper
reply as per the Code of Cil Procedure, 1908.
(12 Marks :400 words)
(B) What is
conclusive
proof ? Explain with the help relevant provisions of
of
the Indian decision.
Evidence Act, 1872 and judicial
(08 Marks : 250 words)
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under which oral evidence can be admitted establishing
(C) Discuss the conditions
Substantiate
already reduced in writing.
the termsof a contract or grant
Act,
provisions of Indian Evidence
your answer with the help of relevant
of 1872 and decided cases. (12 Marks :400 words)
the law relating to the penalty for undervaluation of an
2. (A) Briefly explain
instrument under the Indian Stamp Act, 1899.
(08 Marks :250 words)
the power and procedure concerning the transfer of appeal under
(B) Discuss
the Himachal Pradesh Courts Act, 1976.
(08 Marks :250 words)
(C) In a murder trial, A, B, C and D were prosecuted together. D, who happens
to be a cab driver stated that «A, B and C conspire to kill Z. As per the
plan, A was expected to bring Z on the spot, where B and C would be present
in advance. B was expected to shoot Z, andC was given duties to immediately
dispose of the dead body. To achieve their objective, they hired him, and
his job was only to drop B and C near the said spot. He further stated
that he knew about the plan only when he was driving them to the spot
and hen ce, he was not a party to the said offence."
Discuss the relevancy and admissibility of this statement against A, B and
C as per Section 10of the Indian Evidence Act, 1872 andjudicial decisions.
(12 Marks : 400 words)
D) Discuss the provisions dealing with the cancellation of instrumnents under
the Specific Relief Act of 1963. (12 Marks : 400 words)
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Part-B'
3. (A) "The question civil court is to be decided
of
determining the jurisdiction
of
explain
based on substance and not the form." Considering the statement,
the judiaalguidelines as to the determination of the civil court's jurisihcuon.
(08 Marks :250 words)
(B) Explain the rule of 'onlyone instnumentto be on one stamp'as per the Indian
Stamp Act, 1899. Substantiate vour answer with at least two illustrations.
(08 Marks : 250 words)
(C) "The Code of Civil Procedure con fers wide discretion on the court in the
matter of joinder of parties." Considering the statement,discuss the law
relating to the joinder of parties as prescribed under the Code of Civil
Procedure, 1908. Whether joinder of parties include the transposition of
parties also ?
(12 Marks : 400 words)
(D) A and B were both prosecuted for illegally possessing arms. The prosecution
wishes toadduce the fact that B has shown those arms to his friend C.
Examine the relevancy the above fact, especially under Section 11 of
of
the Indian Eviden ce Act. What is the test of relevancy under Section 11
of the Indian Evidence Act of 1872 ?
(12 Marks : 400 words)
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4, (A) What is constructive resjudicata ? Discuss the scope of applicability of the
principle of res judicata in a representative suit per the provision of the
Code of Civil Procedure,
1908. (08 Marks : 250 words)
(B) Under what circumstances can a court order sDecific performanceof a contract
along with compensation? Explain with the help of relevant provision s of
the Specific Relief Act,
1963 and decided cases.
(08 Marks :250 words)
(C) Discuss the scope and
procedure to amend pleadings as prescribed under
Order VIof the Code of Civil Procedure. 1908. Under what circumstances
can the court permit amendment of
pleading even after the
commencement
of a trial ?
(CPC-12 Marks : 400 words)
(D) What is Admission? Discuss the law relating to
proof of admission against
a person making the admission. (12 Marks : 400 words)
(A) “A suit or appeal does not abateon accountof the death of an unnecessary,
non-material or pro forma defendant." Explain with the help of relevant
provisions of the Code of Civil Procedure, 1908.
(08 Marks :250 words)
(B) Whether specific conduct of an accused be taken as a confession ? Explain
with the help of relevant provisions and decided cases.
(08 Marks : 250
words)
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aside the
grounds to set
(C) What is an exparte decree ? What are the
the help of relevant provisions of tne vode
exparte decree ? Explain with
words)
of Civil Procedure, 1908. (12 Marks : 400
got arrested for allegedly murdering B. While being under police custody
(D) A
and waling towards the police station ,he makes a con fession which was
also heard by anotherpasserby C. Based on the confession, certain recoveries
including a weapon and bloodstained clothes were made from the immediate
vicinity of the place where the inident happened. During trial prosecution
wants to adduce the said confession recorded by the police, the testimony
of C' who heard 'A' making the said confession, and the recoveries of the
weapon and bloodstained dothes.
Explain the relevancy and admissibility of the above three evidences as
per the provision of the IndianEvidenceAct, of 1872 and relevant judicial
decisions. (12 Marks : 400 words)
6. (A) Explain the judicial guidelines regarding the admissibility and reliability
of more than one dying declaration having substantial contradictions with
each other. (08 Marks : 250 words)
(B) Distinguish between legal and equitable set off with suitable illustration
and provisions contained in the Code of Civil Procedure, 1908.
(08 Marks : 250 words)
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(C) Discuss the rule regarding substituted service of summon as prescribed under
the Code of Civil Procedure, 1908. What are the judicial guidelines in this
regard? (12 Marks : 400 words)
(D) What is the relevancy of testimony gven bv a hostile witness ? Discuss
the objectives and scope of Section 154 of the Evidence Act
of 1872.
(12 Marks :400 words)
7 (A) Write a short note on the substituted
performance of a contract as presCribed
under the Speific Relief Act, of 1963. (08 Marks : 250 words)
(B) Whether the court can replace expert opinion by merely comparing the
disputed handwriting on its own ? Explain with the help of the relevant
provision of the Indian Evidence Act, 1872 and decided cases.
(08 Marks :250 words)
(C) Discuss the rule relating to attachment of property before execution as
prescribed under the Code of Civil Procedure, 1908. What types of properties
are immune from attachment ? (12 Marks : 400 words)
(D) Discussthe scope of Section 106 of the Evidence Act, of 1872. In the case
where a wife files a petition for maintenance against her husband, who
has the burden of proof to establish the annual income of the husband 2
(12 Marks : 400 words)
(M) 7
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(A) Discuss the procedure for execution of a foreign decree in India as per the
Code of Civil Procedure, 1908. (08 Marks :250 words)
(B) What is perpetual injunction ? Explain with the help of the relevant
provisions of the Specific Relief Act of 1963. (08 Marks : 250 words)
(C) Discuss the powers and duties of an executing court as prescribed under
the Code of Civil Procedure, 1908. Can the Executing Court mould the
relief granted to the decree-holder in the changed circumstances ?
(12 Marks : 400 words)
(D) Discuss the objectives and the scope of cross-examination as prescribed under
the Indian Evidence Act, of 1872.Under what circumstances would parties
be required to supply relevant documentsto refresh the memory of a witness
before conducting the cross-examination ? (12 Marks : 400 words)
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