Uttarakhand Civil Judge Mains 2016 Question Paper

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Uttarakhand Judicial Service (Civil Judge) Mains Examination 2016

UTTARAKHAND JUDICIAL SERVICE (CIVIL JUDGE) MAINS

Uttarakhand Judicial Service (Civil Judge) Mains

Examination 2016

LAW I: SUBSTANTIVE LAW

Time Allowed: Three Hours

Maximum Marks: 200

1. (a) The principle of law as to the contractual competency of a minor established in

Mohori Bibee v. Dharmodas Ghose has been partially modified in a recent case,

Mathai Mathai v. Mary Joseph, AIR 2014 SC 2277. Do you agree with this? Explain.

[15]

(b) Define “charge”. Explain the essential ingredients of a charge. Point out the

difference between a charge and a mortgage. [15]

(c) Define composite negligence. Distinguish it from contributory negligence. [10]

2. What is a sub-partnership? How and when does it arise? Explain the rights of a sub-

partner. [15]

“A bailment arises by contract. It cannot arise independent of contract.” Explain this

statement with reference to judicial decisions. [15]

What is the rule against accumulation? State exceptions to this rule. [10]

3. “The law of partnership is an extension of the law of agency.” Referring to statutory

provisions, explain it. [10]

Explain the nature of marriage under Hindu law. How far has it been affected by the

Hindu Marriage Act, 1955? [10]

Restitution of conjugal rights of the husband is not an absolute right under Muslim

Law. Discuss. [10]

4. What do you mean by easement of necessity? Point out the difference between

easement of necessity and quasi-easement. [10]

Distinguish between “coercion” and “undue influence”. [10]

Define “transfer of property”. Which property can be transferred? Can the right of

recovery of mesne profits be transferred? Explain. [10]

5. ‘A’, a singer, enters into a contract with ‘B’, the manager of a theatre, to sing at his

theatre two nights in every week during the next two months, and ‘B’ engages to pay

her 100 rupees for each night’s performance. On the sixth night, ‘A’ wilfully absents