Uttarakhand Civil Judge Mains 2019 Question Paper

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Uttarakhand Judicial Service (Civil Judge) Mains Examination 2019

UTTARAKHAND JUDICIAL SERVICE (CIVIL JUDGE) MAINS

Uttarakhand Judicial Service (Civil Judge) Mains

Examination 2019

LAW I: SUBSTANTIVE LAW

Time Allowed: Three Hours

Maximum Marks: 200

1. (a) Explain the essential elements of “lease” and “licence” and distinguish them. [15]

(b) Discuss the essential ingredients of nuisance. How is a public nuisance different

from a private nuisance? Discuss with illustrations. [10]

(c) “The definition of ‘proposal’ as given under Section 2(a) of the Indian Contract Act,

1872 is not that of a valid proposal but it is the definition of all kinds of proposals.”

Critically evaluate the statement and substantiate your answer with appropriate

illustrations. [15]

2. “The relationship of partnership arises from contract and not from status.” Explain.

[10]

“In a contract of guarantee, the surety undertakes to protect the interest of the

creditor and is liable to him on behalf of the principal debtor, for which he does not

get any direct consideration either from the creditor or from the principal debtor.

Therefore, the law confers certain rights upon the surety to protect his interest under

a contract of guarantee.” Explain this statement. [20]

What is the “rule against perpetuity”? Why has this rule been placed on the statute

book? Discuss. [10]

3. Explain “partnership at will”. Can such a partnership be dissolved by the order of the

court? [10]

What are the essential conditions of a valid marriage under the Hindu Marriage Act,

1955? Can a Hindu marry a non-Hindu? [10]

“Muslim marriage is a contract, but it is a sacred contract.” Discuss the

characteristics of Muslim marriage in the light of this statement. [10]

4. “An easement of necessity is a right which an owner or occupier of land must of

necessity exercise on or over another’s land for enjoyment of its own.” Discuss this

statement and answer with illustrations. [10]

“Coercion may be regarded as an aggravated form of undue influence, rendering the

consent not free, and the contract is voidable.” Comment on the statement. [10]