Haryana Civil Judge Mains 2001 Question Paper

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Haryana Civil Service (Judicial) Examination 2001

HARYANA JUDICIAL SERVICE (HCS-JB) MAINS

PAPER I – CIVIL LAW

Time: 3 Hours

Max. Marks: 200

Note: All questions are compulsory. Answer all of them.

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.

2. Explain and illustrate the principle of restitution. Is an order granting restitution

appealable?

Who may apply for restitution? Against whom can restitution be granted?

3. Discuss the principle of ‘Res judicata’ in the following proceedings:

(i) Application for Amendment of Decree

(ii) Application for Review

(iii) Order of Maintenance.

Distinguish between ‘Res judicata’ and ‘Res sub judice’.

4. 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?

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 the Lucknow office. X files a suit in respect

of this dispute against the company in a Court at Jaipur. How will the court decide?

5. What do you understand by ‘Substantive’ and ‘Adjective’ Law? In which category

will you place the law of evidence? Explain.

Explain and illustrate ‘Fact in issue’ and ‘Relevant Fact’.

6. State whether a confession before a police officer/Magistrate is admissible. If so,

explain its rationale.