Uttarakhand Civil Judge Mains 2018 Question Paper

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Uttarakhand Judicial Service (Civil Judge) Mains Examination 2018

UTTARAKHAND JUDICIAL SERVICE (CIVIL JUDGE) MAINS

Uttarakhand Judicial Service (Civil Judge) Mains

Examination 2018

LAW I: SUBSTANTIVE LAW

Time Allowed: Three Hours

Maximum Marks: 200

1. (a) ‘H’ Bank was indebted to ‘S’ Bank under an overdraft. One ‘M’ was the manager of

‘H’ Bank and his father ‘K’ had guaranteed the repayment of the overdraft. ‘K’ gifted

his properties to the members of his family. The gift deed provided that the liability,

if any, under the guarantee should be met by ‘M’ either from the bank or from the

share of property gifted to him. ‘S’ Bank attempted to hold ‘M’ liable under the

provision of the deed. Whether ‘S’ Bank would succeed in the proceedings?

Referring to the judgment of the Supreme Court, discuss the principle applicable to

the above problem. Also state the exceptions to the principle. [15]

(b) “Once a mortgage, always a mortgage and nothing but a mortgage.” Explain. [15]

(c) Explain with the help of cases the exceptions to “volenti non fit injuria”. [10]

2. “The marriage between the parties was solemnised on 15th January 1990 under the

Hindu Marriage Act, 1955. The petitioner husband filed a petition after 18 years,

under Section 13(1) of the Hindu Marriage Act, 1955, on the ground of desertion.

The respondent wife in her defence alleged cruelty by the husband.” In the light of

the decision of the Uttarakhand High Court (Mohan Singh Mawari case, A.I.R. 2017

Utt. 108), decide whether the wife was guilty of desertion. Also state the principles

of law laid down by the above judgment. [15]

Narrate the factors which render a Muslim marriage “fasid” and “batil”. [15]

Explain the circumstances wherein a licence is deemed to be revoked. [10]

3. “Mutual confidence is the life-blood of partnership.” Comment and discuss how this

confidence is ensured by the law and courts in India. [10]

What do you mean by the expression “infrastructure project” as used in the Specific

Relief Act, 1963? State also the special provisions for contracts relating to

infrastructure projects mentioned in the Act. [10]

Explain with the help of decided cases the rule of “res ipsa loquitur”. [10]

4. What were the provisions relating to adoption by a widow prevalent in different

States before the commencement of the Hindu Adoptions and Maintenance Act,

1956? State also the power of a widow to adopt under the Act. [10]