Haryana Judicial Services Mains 2024 Previous Year Paper (Civil Law - I)

Candidates preparing for Haryana Judicial Services should solve the Haryana Judicial Services Mains 2024 Previous Year Paper and other previous year question papers before they face Prelims and Mains.

Question 1

a) ‘X’ being owner of 10 acres of land, entered into an agreement for sale of the same with ‘Y’ while giving description of specific khasra numbers. Earnest money was paid by ‘Y’ through bank transaction. However, subsequently, ‘X’ refused to get the sale deed executed and registered. ‘Y’ sends a notice to ‘X’. ‘X’ replies that the agreement is unenforceable because the description of land mentioned in the agreement pertains to 09 acres only. Decide the remedies available to ‘Y’ if, the description in the agreement is 09 acres of land. (15 Marks)

b) Avinash, with the intention to sell his laptop keep his status on WhatsApp with the following narrative:

“Refurbished 2 years old HP Pro Notebook, available for sale at Rs. 20,000/- only. Anyone desires to purchase the same can call me and confirm their acceptance by depositing Rs. 2000/- in my Google Pay. My WhatsApp number is my Google Pay number. Offer is valid for next 2 days only.”

A. Relying on the above status, Satyajit calls Avinash and expresses his desire to purchase the same at a given price and promises to deposit Rs. 2,000/- in Google Pay, however, he does not deposit the same.

B. Watching the status, Nishikant only replies with a Thumb emoji to the WhatsApp status of Avinash and deposits Rs. 1,000/- in Avinash’s account through Google Pay and shares the screenshot immediately with Avinash.

In light of the above:

i. Evaluate the validity of acceptance given by Satyajit.

ii. Whether Thumb-Up emoji given in reply to the status of Avinash be considered as valid acceptance? If so, decide the validity of acceptance given by Nishikant. (10 Marks)

c) “Possession is the nine-tenth point of law” is one of the classic jurisprudential principles of property law. This classic principle is found to a greater extent reflected under section 6 of the Specific Relief Act, 1963 dealing with suit by person dispossesses of immovable property. Elucidate. Differentiate between section 5 and section 6 of the Specific Relief Act. (15 Marks)

Question 2

a) Can the civil court entertain the suit for declaration that a decision given by an authority/ tribunal of limited jurisdiction is void and illegal on the ground that no opportunity of hearing was given to the plaintiff through the jurisdiction of the civil court is expressly barred under the relevant statute? Discuss. (10 Marks)

b) Mr. Arya enters into a contract with Ms. Lolitha who is one of the famous jewellers in making antique jewellery. Ms. Lolitha made one designer piece for Mr. Arya costing Rs. 1 Crore and he paid Rs 50 Lakhs an advance for the same. After making the Necklace Ms. Lolitha posted the picture in her Facebook Account. She received the comments that this is the work for life time and the design is exquisite which would not be made again. Some of her customers offered higher price to purchase it. Mr. Arya after looking at the post by Ms. Lolitha realized that she was trying to sell the necklace to another person at a higher price. Mr. Arya approaches you for legal advice as to what kind of injunction order can be seek. (10 Marks)

c) Ms. Riya was looking for purchasing a property in Amritsar. She came across few online real estate platforms. Mr. Virendra and Ms. Riya connected through one of the online real estate platforms as Mr. Virendra wanted to sell his property. They both entered into an agreement for the sale of the property through the online real estate platform. Mails were exchanges between the parties to discuss the terms and conditions of the agreement to sell. On finalising the terms and conditions of the agreement, both the parties digitally signed the agreement with Ms. Riya making down payment of Rs. 2 Lakhs into Mr. Vijendra’s bank account. After 3 months, Mr. Vijendra backed out of the deal, claiming he has never agreed to the terms. Ms. Riya decided to sue Mr. Vijendra for breach of contract and sought a specific performance to enforce the agreement. Whether the electronic records are relevant and material to the dispute in question. Discuss the provisions of Section 65A and 65B of the Indian Evidence Act, 1872 in light of the judgments of Supreme Court. (10 Marks)

d) Ms. Sara obtains a money decree against Mr. Hukum from the court. Mr. Hukum fails to pay the decreed amount within the specified period. Subsequently, Ms. Sara files an execution petition before the court, seeking to execute the decree by the sale of Mr. Hukum’s property. However, the said property of Mr. Hukum falls within the jurisdiction of another district. In what manner can the decree be executed? (10 Marks)

Question 3

a) Reema married Sham in September 1963. The marriage was dissolved in May 1964 and she remarried in June 1964. A son was born to her during the subsistence of her second marriage in September 1964. It transpired that her second husband had access to her during the subsistence of her first marriage. On the death of Sham in 1970, the child laid a claim to his estate. In support, Reema deposed that he was begotten from the loins of Sham. Evidence was led to prove that the deceased Sham treated the child as his son. The other claimants to the estate of the deceased Sham put up a defence that the child was from the second husband and relied upon Section 112 of the Indian Evidence Act, 1872. Decide. (10 Marks)

b) Write short notes on:

i. Child witness

ii. Circumstantial witness (10 Marks)

c) Mr. Saloman purchases 1000 cement bags from Mr. Gangoi. As per the agreement Mr. Saloman has to make the payment on 10th May, 2024 and Mr. Gangoi needs to supply the cement bags to Mr. Saloman on 11th May, 2024. Considering the distance of the place of delivery Mr. Gangoi hands over the cement bags to M/s Avani Transportation Services on 9th May, 2024. On 10th May, 2024 Mr. Saloman fails to make the payment. Now, Mr. Gangoi wants to stop the delivery of cement bags to Mr. Saloman. Explain the rights of Mr. Gangoi in the light of above facts with relevant judicial pronouncements. (10 Marks)

d) The following are two illustrations necessitating a particular remedy as provided in the Specific Relief Act, 1963. Read the illustrations carefully and answer which specific relief suits the best interest of the aggrieved party. Discuss.

i. Arvind is constructing his house. Midway, it is found that the construction is creating obstruction in the passage to his neighbour’s house. His neighbour brings this to his attention but Arvind does not pay any heed and continues with the construction.

ii. Dr. Mukesh who is medical advisor to Mr. Satish, threatens to publish certain communications between them showing that Mr. Satish has led an immoral life. (10 Marks)

Question 4

a) Amar, a resident of Delhi, allegedly executed a Will at Delhi bequeathing the land situated at Sonipat to one of his sons Jaydeep. He died leaving behind two sons, Jaydeep and Premdeep. Premdeep wants to institute a suit for declaration that the said Will is bogus and not genuine. Premdeep is resident of Hisar, Jaydeep is resident of Sirsa. At what place the suit can be instituted? Explain with the relevant provisions of the Code of Civil Procedure, 1908? (10 Marks)

b) Under what circumstances a plaint can be rejected? Whether the grounds for rejection of the plaint enumerated in the Code of Civil Procedure, 1908 are exhaustive? What are the remedies available to the party in the event the plaint is rejected? (10 Marks)

c) Substantive questions of law are required to be framed and answered while deciding Regular Second Appeal. Discuss the same in the light of the provisions of Punjab Courts Act and judgment passed by Hon’ble Supreme Court in Pankajakshi (Dead) through LRs and others v. Chandrika and others, AIR 2016 SC 1213. (10 Marks)

d) Explain the rights of a tenant and liabilities of landlord in respect of certain amenities to be provided under Haryana (Urban Control of Rent & Eviction Act), 1973. Support your answer with relevant case law. (10 Marks)

Question 5

a) Explain the instances of contracts with respect to online markets. Do you think, the Indian Contract Act, 1872, which is an older legislation is sufficient to govern E-contracts, which are comparatively of modern origin? Substantiate your views. (10 Marks)

b) Anwar is a seller of antique leather goods. Bali buys a bag for Rs. 3 Lakhs based on the poster outside the store that claims “Genuine Leather antiques sold here”. Bali after purchasing the bag gets it tested by a professional and finds that it is not made of genuine leather. What recourse does Bali have under the Indian Contract Act, 1872? (10 Marks)

c) ‘Mirchi’ is a partnership firm consisting of Farfalle, Rigoti, Fusili who are running a chain of restaurants exclusively serving South East Asian cuisine (Single cuisine only) in a metropolitan city. The partners take pride in their achievements of past 10 years. They want to expand it to other parts of the city. Rigoti is tasked with identifying an appropriate place in the New Metropolis area of the city which has recently started bustling with economic activity. Three months later Farfalle and Fusili get to know from a food blogger that a multi – cuisine restaurant named ‘Chilli’ is serving great South East Asian food in the New Metropolis. Upon visiting ‘Chilli’, Farfalle and Fusili are surprised to see Rigoti running the said restaurant. Upon being questioned, Rigoti conveniently ignores their questions in respect of ‘Chilli’. Farfalle and Fusili send a notice to Rigoti to cease and desist from operating ‘Chilli’ and instead handover ‘Chilli’ to them. The notice also mentions that out of their mutual friendship they are ready to spare Rigoti from account of profits earned by him at ‘Chilli’, but they just want him to quit the ‘Mirchi’ as well. Advise Rigoti about his legal remedies. (10 Marks)

d) Mr. Anand, in dire need of money owing to medical contingency, offers his newly purchased car to Mr. Bhaskar at Rs. 20,000/-. The market price of the car is Rs. 4,50,000/-. Mr. Bhasker accepts the offer and on the same day, he makes a payment of Rs. 20,000/- to Mr. Anand and delivery of the car is given by Mr. Anand to Mr. Bhasker. One hour after the delivery of the car, one car dealer approaches Mr. Anand offering him Rs. 3,00,000/- for the same car. Now Mr. Anand is under repentance as he had already sold his car much below the market price, he asks Mr. Bhasker to give back his car and also shows his readiness to return the amount of Rs. 20,000/- received by him. Mr. Bhasker refuses to do so. Decide the validity of the transaction which took place between Mr. Anand and Mr. Bhasker. Can Mr. Bhasker justify his refusal to give back the car to Mr. Anand? (10 Marks)