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Delhi Judicial Service Main Examination-2018

Civil Law-I

1. Answer any two questions:

a. When and in which cases principle of vicarious liability can be invoked by
the plaintiff suing under the Law of Torts?
b. What are the principles applicable to applicable to determine negligence, if
any, on the part of a professional (Doctor, Lawyer, Chartered Accountant)
towards his client?
c. “The King can do no wrong”. Explain this principle in the Indian context of
sovereign immunity and acts of the State.
2. ‘A’ and ‘B’ entered into an oral contract as per which seller ‘A’ was to supply
5,000 tennis balls of yellow colour within 10 days for Rs. 10,000/- to buyer ‘B’.
‘A’ supplied white colour tennis balls within the said period instead of yellow
colour tennis balls, which delivery was made to the gatekeeper at the shop of
‘B’ as ‘B’ was out of station on the said date. ‘B’ on return inspects the balls
after two weeks, and notices that balls after two weeks, and notices that balls
were of white colour, though the contract was for supply of yellow colour balls.
‘B’ does not inform or talk to ‘A’ but intimates his Bank not to honor the post
dated cheque given by him. The post dated cheque issued by ‘B’ to ‘A’ gets
dishonored. In the meanwhile, another person ‘C’ approaches ‘B’ and the white
balls supplied by ‘A’ are sold by ‘B’ to ‘C’ at a mutually agreed price of Rs.
15,000/- ‘A’ files a suit for recovery against ‘B’ for the price as agreed i.e. Rs.
10,000/- . ‘B’ contests the said suit on the ground that the balls supplied were
not as per the agreed contractual terms, and therefore, he is not liable. He also
pleads and leads evidence to show that the market price of white colour balls
was lower than the market price of yellow colour balls. ‘A’ submits that ‘B’ has
sold the white balls and made profit of Rs. 5,000/-.
‘A’ submits that ‘B’ has sold the white balls and made profit of Rs. 5,000/-
Examine with reference to the provisions of law applicable and decide.
3. Elucidate with examples difference between ‘damages’, ‘liquidated damages’
and ‘penalty’ under the Indian Contract Act.
4. A forfeiture clause in the employment contract provides that “if a person
engages in a competing business/service within two years period after leaving
the company, the outstanding incentive amount due to him can be forfeited”.
Whether the clause is enforceable or is violative of Section 27 of the Indian
Contract Act?
5. ‘A’ enters into a contract with ‘B’, an interior decorator. ‘B’ has promised to
execute a turnkey project which includes design and supply of furniture and
furnishings for Rs. 20,00,000/- ‘A’ pays ‘B’ Rs. 1,00,000/- in advance.
‘B’ dies within one week after he has received advance payment of Rs.
1,00,000/-, without furnishing drawing, furniture etc.
What are the remedies available to ‘A’ under the Indian Contract Act and law of
succession? Whether legal representative of ‘B’ are liable to perform the
promise made by ‘B’?
6. ‘A’ promise ‘B’ to drop a prosecution which he has instituted against ‘B’ for
promises to restore the value of the things taken.
Whether the agreement is valid under the Indian Contract Act? What would
happen if the settlement is arrived before the Mediation Centre/Lok Adalat?
7. What are the principle governing grant of anti-suit injunction? Can an Indian
Court grant anti-suit injunction for proceedings/suit pending in a foreign
Court?
8. A tenant, on 01-01-2018 is forcibly without consent dispossessed by his
landlord. On 01-08-2018, the tenant on coming to know that the landlord may
induct a third person as a tenant files a suit for declaration that he is the
lawful tenant and also prays for injunction restraining the landlord from
inducting a fresh tenant.
Decide whether the suit can be decreed in terms of the prayers?
9. Can ‘A’, a plaintiff, sue for specific performance of sale of shares of a public
listed company? Examine with reference to provisions of the Specific Relief Act
and decide whether you will decree this suit for specific performance?
10.‘A’, ‘B’ and ‘C’ are partners in the registered partnership firm ‘B&B’. In the year
2000, partners ‘B’ and ‘C’ bring into the stock of the firm two immovable
property. In 2018 disputes arise amongst the partners. Partner ‘A’ files a suit
for a suit for partition of the two immovable properties brought into the stock
of the firm by partners ‘B’ and ‘C’
Decide whether you will grant the prayer for partition of immovable properties.
11.‘X’, ‘Y’ and ‘Z’ are partners in the firm, ‘M/s. Best Tailors’. Y goes to the Court
and compromises the suit for recovery of damages filed by ‘A’ against the
partnership firm, ‘M/s. Best Tailors’.
Can ‘Y’ compromise the matter? Decide with reference to relevant provisions of
law.
12.A,B and C form a partnership firm for construction of a four-storeyed building
on a plot of land. There is a stipulation in the partnership deed that profits will
be distributed when the construction is complete and till then each partner
will get Rs. 20,000/- per month. After laying roof of the first floor, disputes
arise between the partners.
Whether ‘A’ can file a suit for dissolution of partnership claiming that the
partnership is ‘Partnership at Will’? Decide.
13.‘A’ a Hindu male by a Will grants life interest in his self acquired immovable
property to his wife ‘B’, with restriction and bar on ‘B’s right to sell, transfer
and mortgage the property. The will further stipulates that on ‘B’s death, the
property will be inherited by ‘C’, his nephew and not by his children. ‘A’ died in
1968. ‘B’, during her lifetime in 2017, sells the property for consideration to
her children. ‘C’ files a suit challenging the said transfer by ‘B’ to her children
and the sale deed.
Discuss the provisions under the law of succession applicable and decide the
contesting claims.
14.When and in which cases, on the death of a Hindu male on or after the
enactment of the Hindu Succession Act, his immovable property or interest in
immovable property will partly or wholly devolve by survivorship upon
surviving members of the coparcenary.
15.On death of her husband widow ‘A’ and her daughter inherit the immovable
property under the Hindu Succession Act. After death of her husband widow
‘A’ by a registered adoption deed adopts ‘B’ as her son. She dies intestate.
Decide whether the property of the deceased husband as inherited by the
Hindu widow ‘A’ would be also inherited by ‘B’ being the adopted son.
16.Write short notes on any two of the following
a. Triple Talaq
b. Mutawalli
c. Nikah Halala
17.Write short notes on any one of the following:
a. What is the difference between Vaild (Sahih), Irregular (Fasid) and Void
(Batil) marriage in Mohammadan Law?
b. What are the essentials to the validity of Hiba or Gift in Mohammadan Law?
18.‘W’, a Hindu wife, files a divorce petition under Section 13(1)(i) of the Hindu
Marriage Act against ‘H’ her husband. On 31.08.2009, the petition is allowed.
In an appeal by ‘H’ to the High Court, the operation of the judgment and the
decree dated 31.08.2009 is stayed on 20.11.2009. During the pendency of the
appeal, the matter is referred to the Mediation Centre. ‘W’ and ‘H’ reach a
settlement and ‘H’ opt to withdraw the appeal in terms of their settlement
dated 15.10.2011. As per settlement dated 15.10.2011, ‘H’ files an application
within 30 days to withdraw the appeal. On 20.12.2011, the High Court
dismisses the appeal in terms of the settlement. In the meantime, on
6.12.2011, ‘H’ marries ‘X’. Discord emerges between ‘H’ and ‘X’. Within one
year, i.e., on 06.11.2012, ‘X’ files a petition under Section 11 of the Hindu
Marriage Act to declare the marriage null and void being violative of Section 5(i)
of the Hindu Marriage Act. ‘X’ pleads ignorance about the settlement between
‘W’ and ‘H’. Decide.
19.Whether decree under Section 9 of the Hindu Marriage Act for Restitution of
Conjugal Rights is useful and relevant for any of the parties to the marriage in
the absence of effective provisions for its enforcement? Comment.
20.What are the principles and law of inheritance of tenancy on death of a tenant
under the Delhi Rent Control Act?
21.Whether a co-owner can alone, without impleading other co-owners and
without their consent, file an eviction petition under Section 14(1)(e) of the
Delhi Rent Control Act?