Haryana and Punjab Paper

Haryana & Punjab HR & PB Judicial Services Examination
1630+
Judicial
Legal Qus.
For Practice
Services Examinations Hindi &

English
topic-wise
Subject & Year Wise Separated Separated &
Qus. Of Previous Years Solved Qus. in a
Separate series
Updated Latest Edition 2021

IFAI
1. Indian Penal Code 16. HinduJanuary

Succession1,
Act2019
2. Criminal Procedure Code 17. Muslim Law
Authored by: Administrator
3. Indian Evidence Act 18. Indian Limitation Act
4. Civil Procedure Code 19. Indian Registration Act
5. Indian Contract Act 20. Customary Law of Haryana & Punjab
6. Specific Relief Act 21. Hindi
7. Indian Partnership Act 22. English
8. Sale of Goods Act 23. Punjabi
9. Transfer of property Act
10. Punjab Courts Act
11. Haryana Urban (Control of Rent & Eviction) Act, 1973
12. Punjab Urban Rent Restriction Act, 1949
13. Hindu Marriage Act
14. Hindu Minority & Guardianship Act
15. Hindu adoption & Maintenance Act
Takdeer Singh
Pannu
MY Lord Publications Rs. 499

HR & PB Judicial Services Examination
The
Haryana & Punjab
Judicial Services
Examinations
Previous Year’s Question papers of
Haryana (HJS)
2015, 2013, 2011, 2010, 2009, 2007, 2006, 2003, 2001, 2000, 1999,
1998, 1996
Punjab (PJS)
2018, 2015, 2013, 2012, 2010, 2007, 2006, 2003, 2001, 2000, 1999,
1998, 1995
By
Takdeer Singh Pannu
2
CONTENTS
PART – 1
Law Papers
Sr. No. Page No.
1. Indian Penal Code---------------------------------------------------------------------------- 4
2. Criminal Procedure Code------------------------------------------------------------------- 31
3. Indian Evidence Act-------------------------------------------------------------------------- 54
4. Civil Procedure Code------------------------------------------------------------------------ 90
5. Indian Contract Act-------------------------------------------------------------------------- 115
6. Specific Relief Act---------------------------------------------------------------------------- 130
7. Indian Partnership Act---------------------------------------------------------------------- 141
8. Sale of Goods Act----------------------------------------------------------------------------- 150
9. Transfer of property Act-------------------------------------------------------------------- 158
10. Punjab Courts Act---------------------------------------------------------------------------- 163
11. Haryana Urban (Control of Rent & Eviction) Act, 1973------------------------------ 166
12. Punjab Urban Rent Restriction Act, 1949----------------------------------------------- 167
13. Hindu Marriage Act-------------------------------------------------------------------------- 170
14. Hindu Minority & Guardianship Act------------------------------------------------------ 185
15. Hindu adoption & Maintenance Act------------------------------------------------------ 188
16. Hindu Succession Act------------------------------------------------------------------------ 193
17. Muslim Law------------------------------------------------------------------------------------ 204
18. Indian Limitation Act------------------------------------------------------------------------ 216
19. Indian Registration Act---------------------------------------------------------------------- 225
20. Customary Law of Haryana & Punjab---------------------------------------------------- 232
PART – 2(in another series)

Language Papers
21. Hindi
22. English
23. Punjabi
3
Indian Penal Code, 1860

Year Wise – Pervious Year’s Questions of HJS & PJS
PJS – 2018
Q.1. Briefly explain and critically evaluate the distinctions between wrongful restrain and wrongful
confinement. Briefly explain and critically evaluate the provisions of IPC and judicial decisions. (15)
Q.2. A’ stabbed V’ thrice with a boot knife causing severe injuries while in Agra. ‘A’ then fled from
Agra and went to Jaipur where he made a confessional before the Judicial Magistrate of the Second
Class, Jaipur. On the basis of the confessional statement, the Judicial Magistrate of the Second Class,
Jaipur decided to initiate trial against ‘A’.
Is the confession valid, if it was recorded by the Magistrate after following the procedural
requirements given under the Code of Criminal Procedure? What are the remedies available to ‘A’ if
he wishes to challenge the decision of the Magistrate? (10 marks)
Q.3. Private Defence as a matter of right naturally pre-supposes commission of an offence. If not, the
right cannot be a matter of defence’. Briefly explain the same with suitable illustrations, statutory
provisions and judicial decisions. (15 marks)
Q.4. Briefly explain and critically evaluate the unnatural offences under the IPC and the contemporary
developments in this regard along with judicial decisions. (15 marks)
Q.5. Briefly explain and critically evaluate the nature and scope of cyber-crimes and explain the
measures taken to address them with judicial decisions. (10 marks)
PJS – 2015
Q.5. How and in what resects ‘specific defences’ are distinct from ‘general defences’? Explain in the
light of expositions under the Indian Penal Code.
Q.6. X, a thief, enters the house of A in’ the dead of night and steals a valuable necklace after breaking
open a steel safe. Somehow, A wakes up and sees X running away the stolen necklace. A chases X on
tire road where a police station is situated nearby. Getting scared, X throws away the necklace and
enters the house of C. A picks up a heavy lathi lying in a comer of the room and gives a blow on X’s
head. Enraged, X takes out a knife from his pocket and stabs A to death.
In the trial for murdering A, K pleads that he was merely exercising his right to private
defence. Decide.
Q.7. Comment on the statement that a “suspicious, however strong, cannot be a substitute for proof of
guilt” under criminal law.
Q.8. “Criminal liability is the strongest formal condemnation that society can inflict.” Comment.
4
Q.9. Is the concept of constructive liability’ recognized under the provisions of the Indian Penal Code?
Elucidate.
Q.10. Being annoyed by constant quarrels picked up by X on flimsy ground, A and his sons B and C
decided to teach him a lesson. One day, A, B and C reached X’s field where he was working and started
assaulting him with bows and kicks. During such assault, X was able to take out knife from his pocket
and threatened A, B and C. At this juncture, B took out a revolver hidden under his clothes, which he
had concealed from his father A and brother C, and shot at X. Meanwhile, the persons working in the
neighboring fields arrived at the spot and A, B and C fled away. X died in the hospital two days later.
Discuss the liability of A, B and C for the murder of X.
HJS – 2015
Q. 11. Discuss if there is any purpose to differentiate ‘specific defences’ from ‘general defences’ under
the Indian Penal Code.
Q.12. ‘B’, a young business man, gave pills to ‘G’, his girlfriend to procure abortion; but nothing
happened as – (i) G had not conceived, or (ii) the pills turned out to be made of sugar alone. ‘B’ is
charged with the attempt to cause miscarriage. Decide.
Q.13. “It” is not enough to label the statute as one dealing with a grave social evil and from that to
infer that strict liability was intended. It is pertinent also to inquire whether putting the defendant
under strict liability will assist in enforcement of regulations … unless this is so, there is no reason in
penalising … and it cannot be inferred that the legislature imposed strict liability merely to find a
luckless victim.” In the light of this statement, elucidate the doctrine of strict liability under Criminal
Law.
Q.14. Sumitra and Sanjay were childhood friends in the native village. Though they belonged to
different castes, there developed an understanding between the two once Sanjay got a job in the city,
they would get married. On the basis of this understanding, they cohabited with each other several
times. However, when Sanjay moved to Chandigarh and got a good job, he fell in love with one of his
female colleagues. Soon thereafter Sanjay started avoiding Sumitra and finally refused to marry her.
Shocked by the change in Sanay’s attitude towards her, Sumitra files a criminal complaint alleging that
she had been raped by Sanjay a number of times. Sanjay pleads that the sexual relationship was with
the consent of Sumitra and, therefore, he has committed no offence. Decide in the light of recent
amendments) under the relevant provisions of the Indian Penal Code.
Q.15. Differentiate between the offences of criminal misappropriate, criminal breach of trust, and
cheating.
Q.16. ‘k’ inflicted as many as 20 injuries on the body of ‘M’ with a gandassa (an instrument used in
villages for cutting fodder for animas), wrecking vengeance for the enmity between their families.
None of the injuries was singly fatal in itself, but as a cumulative result of multiple fractures and the
loss of blood, death of ‘M’ ensued. Critically examine the offence committee by ‘K’ under the relevant
provisions of the Indian Penal Code.
5
PJS – 2013
Q.17. X and Y, sworn enemies of each other had been swept away by flood in the region. To prevent
himself from drowning, X clung to a plank of wood. At that time, Y, who was also being carried away
by water, tried to save himself by holding on to the same plank of wood. X pushed Y away. Thereafter
Y requested X to allow him to hold on the plank. But X refused. Y was drowning in the water and was
on the verge of dying when he was miraculously rescued by a noble man.
Later, Y prosecuted X for attempt to murder. Will X be liable under the Indian Penal Code?
Give reasons for your answer citing relevant cases wherever required.
Q.18. Study the facts described below and answer the following question:-
(i) Bubbly is a girl of 10 years was married to Vishnu aged 21 years. She is fond of dolls and
was in the habit of pestering her parents for purchasing new dolls every now and then. After
marriage, one day, she pestered her father-in-law for buying a doll at the market place. When he
denied, she an hour as punishment for her mis-conduct in a public place, that night, Bubblly did not
have dinner. When Vishnu returned home from work Bubblly went up to him and wept loudly
imploring him to purchase the doll from the market place. Since Vishnu was already very tired, he lost
his temper and slapped her on the face. Bubblly felt offended and was even more upset. Unable to
resist, she kept weeping incessantly. When Vishnu went to sleep, Bubblly took a knife and stabbed
him in the chest. Vishnu suffered grievous hurt initially but died few days later.
Bubblly has been charged with the murder of her husband. During her trial, she has taken up
the defence of childhood. Will Bubblly’s defence stand?
What are the conditions that need to be satisfied for her defence to stand? Justify your answer citing
relevant provisions of the Indian Penal Code and case law wherever required.
Q.19. In remote village of Rajasthan, a lady named Chandrawati decided to perform sati as she
believed it to be a sacrosanct custom. On the day her dead husbands pyre was being set up, she stuck
to the ancient tradition and accompanied the corpse to the place of cremation. Initially, her mother-
in-law, brother-in-law tried to dissuade her from performing sati. But later on, they gave in as
Chandrawati was adamant and went to the cremation ground alongwith some other relatives. One of
her relatives, Kalawati called up the police and informed the officers of the incident. When the police
arrived at the spot, Chandrawati had already entered the pyre with her husband and the other
relatives (with the exception of kalawati) including her mother-in-law, brother-in-law and sister-in-
law were present on the scene and were chanting sacred hymns. The pandit was just about to set fire
to the wood when the police stopped him.
Keeping the aforementioned facts in mind, fix the criminal liability of each of the persons
present of the scene. State reasons for your answer and cite relevant provisions of the Indian Penal
Code. Use case law wherever required.
6
Q.20. X, Y and Z mutually decided to beat up A. One evening, they gathered near a secluded area
through which A passed every evening while returning home after work. X and Z followed A from a
distance whereas Y was waiting with hockey sticks a little further. Suddenly, X attacked A from
behind, casting blows on him. Z, on the other hand, blew a whistle indicating Y to come with the
hockey sticks. Upon Y’s arrival, X and Y started beating up A severely whereas Z stood by the side
watching the fight. In the meantime, As eyes fell on a knife lying nearby. He picked up the knife and
ran it through Ys chest. In a state of confusion, Z rushed towards Y, picking up a hockey stick.
However, A thinking that Z was about to attack him lifted the knife and inflicted grievous hurt on Z in
the process.
Keeping in mind the aforementioned facts, determine the criminal liability, if any, of X,Y,Z and
A. In each case, substantiate your answer with sufficient reason and case law wherever required.
Q.21. A, a villager goes to police station to lodge a report. He finds that he policemen at the police
station are sleeping and pay no heed to his grievances. He removes a handcuff from the police station
and brings the same before the Superintendent of Police to show the state of affairs. A is prosecuted
for having committed theft of handcuff. Will the prosecution succeed?
Q.22. A, a police officer slapped on the posterior of a lady officer in the presence of elite persons. On
being prosecuted, A took the defence of “de minimis non cural lex.” Will A succeed?
HJS – 2013
Q.23. Read the following fact-situations and answer the questions below after dissecting the element
of ‘crime’, if any:-
(i) Cesare D’souza went to a pub on 02.02.2011 to celebrate his birthday. In course of the
celebrations, his friends urged him to have a couple of drinks, which he declined. One of his friends,
Remo who was heavily drunk, moved to the edge of the terrace where the party was taking place and
told Cesare that if he did not drink, he would jump off the terrace. Cesare immediately took a glass of
vodka in his hands and gulped it down. Remo joined the party once again and passed out in ten
minutes, but Cesare drank throughout the night. By midnight, he was so drunk that he could barely
drive. His friends dropped him at his residence which he shared with his judicially separated wife,
Maria. That night, Cesare forced himself on Maria and had intercourse with her. Has Cesare
committed any offence?
Answer with sufficient reasons and cite-law to support your analysis.
7
(ii) Dr. Erricson was a neuro-surgeon in India. Manoj, his patient was suffering from acute
neurological disorders which rendered him immobile. Sometime later, Manoj developed severe
rashes and woulds on his body due to constant confinement to the bed. Erricson was deeply disturbed
by the pain of Manoj and told himself that putting an end to the life of his patient would be better than
watching him struggle through so much pain. Thinking this, he removed the life support system
around manoj and stopped injecting the regular medicines to his body. Within five days, Manoj died.
Is Dr. Erricson guilty of any crime under the IPC?
Q.24. Garima Rathore was married to Randhir Rathore for five years. At the time of marriage both the
families were aware that Garima had a borderline personality disorder, which was not insanity of any
degree, but rendered her personality extremely sensitive. She was being treated for the same
although except her Ultra-sensitive nature, she was perfectly normal. One evening Garima was
chatting with her friends over the phone when her mother-in-law shouted very loudly in a harsh voice
and ordered her to report at the kitchen immediately. That night, her mother-in-law also told Garima
that she was no match to her son Randhir. Garima was very upset and when she told the same to
Randhir, he told her that she should not spend a lot of time chatting over the phone. The next day,
Randhir’s mother told Garima to go back to her house as she found her unbearable. She spoke ill of
her parents and even told Garima that her parents should have gifted their ancestral home in Jaipur to
Randhir. Unable to tolerate this, Garima went to her room and consumed some poison. Currently, she
is batting for her life in the ICU of a reputed hospital.
Are Randhir and his mother guilty of any offence under the IPC? Substantiate your answer
with adequate reason(s).
Q.25. One fine morning, three friends, Ranjan, Dheer and Anand sat down to discuss their future.
They were all unemployed and thinking of different ways to earn their livelihood. At this juncture
Dheer told in jest that they should rob a bank. Instantly, Ranjan and Anand agreed, thinking that he
was serious. Although Dheer was a bit shocked, he realized that with the help of his friends, he could
make a lot of money. So, over the next one week, they planned to rob the nearby bank. They brought
masks and arranged sacks and were about to order weapons. In the meantime, a neighbour got to
know of their plan and informed the police of the same. The three friends were arrested.
Have Ranjan, Dheer and Anand committed any offence? Support your answer with reasons.
Q.26. In a certain industrial establishment rendering essential services, a worker met with an accident
as a result of which he suffered partial disablement. The authorities declined to pay him full
compensation for the loss suffered by him. The concerned trade union took up the cause of the
worker and Raghavan, the trade union leader urged all workers to go on strike. While the strike was
in progress, few workers decided to pelt the concerned officers. Around 20 workers along with
Raghavan were arrested for injuring an executive officer and damaging several cars during the pelting
process. Raghavan insisted that although he was participating in the strike, he had nothing to do with
the pelting. It was later on found that the strike itself was illegal as the general requirements of giving
notice, etc. were not adhered to. PTO…
8
Can the 20 arrested workers along with Raghavan be said to be guilty of Criminal Conspiracy?
Substantiate your answer with sufficient reasons and case-laws.
Q.27. The Criminal Law (Amendment Act), 2013 has substantially changed the law in relation to
sexual offences in India. Point out the amendments effected by the Act and show how the earlier
provisions in relation to Rape were inadequate?
Q.28. Write short notes on any three of the following:-
(i). Difference between Knowledge, Intention and Motive.
(ii). Difference between wrongful restraint and wrongful confinement.
(iii). Non-compos mentis.
PCS – 2012
Q.29. Decide which offence, if any, is made out in the following cases and against whom with reasons.
Specify the provisions of statute.
(a) Narendra, servant of Basker, a liquor contractor was entrusted with liquor to sell. For selling he
was to receive some amount and some quantity of liquor and he was to account for the remainder to
Bhasker, with whom he had a legal contract which also recited that he would not adulterate it with
water before selling it. In violation of the contract, Narendra mixed water with liquor and sold the
increased quantity and appropriated the profits thus made to his own use. What offence has Narendra
committed?
(b) Rajeev had three sons-Vishwamitra, Kiran and Pradeep His will stated that- “ I direct that all my
remaining property be equally divided between my three sons”. Rajeev gave the will to Vishwamitra
and asked him to hand it over to the family’s lawyer. Before giving the same to the lawyer,
Vishwamitra obliterated Pradeep’s name, intending that it may be believed that the property was left
to himself and Kiran only.
(c) Narayan and Arjun were friends, who were staying together in an apartment in Chandigarh. One
day, Narayan went out of town, informing Arjun that he would return in a week’s time. Three days
after Narayan had left, Arjun heard someone entering the house at around midnight. Thinking that it
was thief, Arjun attacked the person with a chair. The man was actually Narayan, who had cut short
his trip and was entering the house quietly, so that he would not disturb Arjun.
(d) Ranga Gopal dishonestly induced Madhuri to go through marriage ceremony with him, professing
himself to be a bachelor while in fact he had a wife living.
Q.30. “Crime is a revolt against the whole society and an attack on the civilization of the day”.
Elucidate and discuss the essential elements of crime.
9
Q.31. Describe the scope of various stages in the commission of a crime. Is there any offence in the
Indian Penal Code, which is punishable at all stage?
Q.32. A and B successively and independently wounded C with murderous intent. C dies from the
losses of blood caused by both wounds together, when he would not have died from either alone.
Discuss the criminal liability of A and B.
Q.33. Discuss the law relating to “Rape” as laid down in the Indian Penal Code. Also point out the
deficiency in the Rape laws in India.
HJS – 2011
Q.34. Mohan was an engineer by profession. He was a bachelor and had lost his parents in an
accident, when he was a small child. In 1995, Mohan met with a terrible accident where he was
involved in a car crash, in which his legs were stuck tuck in the debris. He had lost his consciousness
also. After a great deal of effort, doctors managed to extricate till March 2005. The doctors treating
him were in a fix as to whether they should turn off his life support system.
On April 10, 2005 a young girl was admitted to the hospital in which Mohan was being treated.
She had multiple organ failure and required an urgent kidney and liver transplant, Mohan was known
to be an activist who, before his accident, fought for the cause of organ transplantation. He had even
received awards for his work in encouraging people to donate their kidneys and eyes. The doctors (a
team of eight) took a decision to remove one of Mohan’s kidneys and a part of his liver and transplant
it into the young girl. After the surgery was completed, Mohan miraculously regained consciousness.
He sought to prosecute the doctors who operated on him and contended that the doctors were, inter
alia, guilty of various offences under Indian Penal Code. Address the following issues:-
(i)Mohan seeks to prosecute the doctors under Section 379 of IPC. He also seeks to prosecute
them under Section 392 and 395 IPC. Will he succeed? Give reasons.
(ii) Can the doctors take up necessity as a defence? Give cogent reasons.
Q.35. Samaresh was a student of National Institute of Epidemiology. One day, after completing his
term examination, he decided to go to a local pub and have a drink. By the time he returned from the
pub, he was highly intoxicated and in that state of intoxication, he entered the room of his neighbour
in the hostel and set his mattress on fire. He was charged for offences under sections 436 and 447 of
the Indian Penal Code. He wants to plead intoxication as a defence. Advice him on the present law
along with contemporary judicial reasoning.
Q.36. Explain the offence of criminal conspiracy. How is punishable? Distinguish between abetment
and conspiracy.
Q.37. Discuss the Constitutional validity of section 497 of IPC in the light of case law.
Q.38. Discuss the Fifth Exception to Section 499 IPC and the law relating to Contempt of Court in the
light of case law.
10
Q.39. Can an offence committed outside India, be tried in India under Indian Criminal Law (IPC and Cr.
P.C.)? Explain in the light of case law.
Q.40. Write a brief note on the nature of burden of proof on an accused who takes plea of insanity
under the Indian Penal Code. Do you think that fairness demands that burden on prosecution should
not be heavier? Refer to post Malimath development.
Q.41. A Hindu girl aged 17 years studying in B.A. was living under the care and protection of her
parents. She was in intimacy with a shopkeeper named Mahesh running a shop near her house. One
day the girl left her house and went to Mahesh and asked him to take her away permanently, who took
her away to several places. He handed her over to one of his friend, Mr. Rumal who took her to
Kolkata where he was arrested. Discuss the liability of Rumal and Mahesh. Can they be prosecuted
under section 363 of the Indian Penal Code? Give reasons with relevant authorities.
Q.42. Jagat Singh gave orders to a press to print 100 forms similar to those formerly used by a Coal
Company. He had corrected the first proof and also suggested further corrections in the second proof
in order to make it appear exactly like the form used by the Coal Company. At this stage Jagat Singh
was arrested and charged with the offence of having attempted to make a false document. Decide and
give reasons.
Q.43. Amar Singh was arrested by custom officers while in possession of a suit case which he believed
to contain prohibited drugs whereas on analysis the drugs in the suitcase were found to be only snuff
or harmless vegetable matter. Amar Singh had admitted to the custom officers after his arrest that he
was dealing in the prohibited drugs. He was charged under section 511 of the Indian Penal Code, with
attempting to commit the offence of being knowingly concerned in dealing with and harbouring
prohibited drugs. Decide and give reasons.
PJS – 2010
Q.44. How far is a plea of compulsion in the following cases available as a defence against a charge of
criminal offence?
(i) ‘A’ joined in arms, a party of rebels, against the State for fear that his house would be burnt
and goods spoiled.
(ii) ‘A’ pays a bribe to a public officer under influence of threats held out by the officer of
raising an assessment.
Q.45. ‘A’, ‘B’ and ‘C’, who were armed, were escorting some ladies out of a village at their request. ‘X’,
‘Y’ and ‘Z’ attempted to kidnap the ladies. While doing so. ‘X’ leveled a loaded gun against ‘A’ but was
stabbed to death by ‘B’. Has ‘B’ committed any offence? Give reasons.
11
Q.46. The principle of joint action enunciated, in Section 34 of IPC is very different from the principle
of abetment of an offence. Discuss.
Q.47. ‘A’ entered a closed dense forest area with unlicensed gun for Shikar(gaming) and after going
quite deep into it, fired a gun shot, on hearing noise and sensing a movement as if some animal was
behind the bushes., However, a man ‘X’ who was collecting firewood got hit and was killed. On
murder charge against ‘A’, he takes up the plea of accident as a defence. Decide.
Q.48. Distinguish between-
(i) Cheating and extortion
(ii) Cheating and theft
(iii) Cheating and misappropriation;
Q.49. What is an inchoate offence? How does preparation differ from an attempt to commit a crime
and when is preparation punishable as such under the Indian Penal Code?
A buys a revolver and cartridges to shoot ‘B’. There is ample evidence of his purpose but he
does nothing further. Is ‘A’ guilty? Give reasons.
Q.50. ‘A’ an illiterate boy, servant of 8 years stole a new ‘Parker’ fountain pen worth Rs. 200 from the
table of his employer and sold it to ‘B’, a student aged 21 years for Rs. 10/- only. Both ‘A’ and ‘B’ are
put on trial. The former is charged with theft and latter for receiving the stolen property. How would
you decide?
Q.51. ‘A’, a retired Military Jamadar went to attend a marriage. When the marriage party went to
bride’s house for midday meal, some had settled down in their seats while some had not. ‘A’, who was
drunk and intoxicated asked a young boy to step aside a little so that he may occupy a seat but the boy
did not move. ‘A’ whipped out a pistol and shot the boy in abdomen. The injury proved fatal. What
offence has ‘A’ committed?
Q.52. Briefly delineate the new offences and the aggravated forms of the already existing offences,
introduced into the Indian Penal Code by the First and Second Criminal Law (Amendment) Acts,1983,
for protecting women against (i) sexual outrages and misdeed, and (ii) cruelty to extract dowry.
Q.53. ‘A’, ‘B’ and ‘C’ agree to kill ‘X’. With the money given by ‘A’, ‘B’ and ‘C’ purchase two revolvers go
to the residence of ‘X’, and both shoot at him ‘X’ dies. It is not known whose shot actually killed ‘X’.
For what offences may ‘A’, ‘B’ and ‘C’ be charged?
12
HJS – 2010
Q.54. Examine as to whether a person who causes the death of a pregnant woman is guilty of
committing one homicide or two.
Q.55. “Whereas in criminal conspiracy an agreement between two or more persons is needed, in
abetment by conspiracy an engagement between them is enough.” Examine.
Q.56. In order to pick the pocket of ‘B’, ‘A’ inserted his hand into the pocket of ‘B’, which touched the
trigger of the loaded pistol kept in ‘B’s pocket. The pistol went off killing B. Discuss criminal liability
of ‘A’.
Q.57. ‘A’, a police officer, made a false entry in the special diary relating to a case which was being
investigated by him, but the document in which the alleged false entry was made was not the one
which was admissible in evidence. Can he, in the circumstances, be convicted for fabricating false
evidence?
Q.58. “In all robbery, there is either theft or extortion”. Explain.
Q.59. What offences have been committed in the following cases and by whom?
(i) ‘A’, with a guilty intention, abets a child or a lunatic to commit an act which would be an
offence, if committed by a person capable by law of committing an offence, and having the same
intention as ‘A’. The act is not committed.
(ii) ‘A’ knows ‘Z’ to be behind a bush. ‘B’ does not know it. ‘A’ intending to cause or knowing it
to be likely to cause ‘Z’s death induces ‘B’ to fire at the bush. ‘B’ fires and kills ‘Z’.
(iii) ‘A’ instigates ‘B’ to set fire to a dwelling house. ‘B’, in consequence of the unsoundness of
his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or
contrary to law, sets fire to the house in consequence of ‘A’s instigation.
(iv) ‘A’, intending to cause a theft to be committed, instigates ‘B’ to believe that the property
belongs to ‘A’. ‘B’ takes the property out of ‘Z’s possession in good faith, believing it to be ‘A’s
property.
(v) ‘A’ offers a bribe to ‘B’, a public servant, as a reward for showing ‘A’ some favour in the
exercise of ‘B’s official functions. ‘B’ accepts the bribe.
(vi) ‘A’ instigates ‘B’ to give false evidence. ‘B’, in consequence of the instigation, gives false
evidence.
Q.60. The Right to Private Defence is said to be a limited right. Explain the limitations of the Right to
private defence.
‘A’ was under attack from ‘B’. ‘A’ had ample opportunity to save himself by fleeing away but
instead ‘A’ defended himself and thereby caused harm to ‘B’. Is it a valid exercise of the right of
private defence?
Q.61. Is homo-sexual relation between two consenting adults is an offence? Discuss.
13
HJS – 2009
Q.62. Discuss the law of “Attempt” under Indian Penal Code.
Q.63. A intending to murder Z, mixes poison, with the milk and then places the lass on Z’s table. What
offence did a commit?
Q.64. Had A mixed sugar, mistaking it as poison, with milk and then placed the glass on Z‘s table,
would it make any difference in the judgement?
Q.65. “Even without a murderous intention, a person may be guilty of murder”. Elucidate.
Q.66. A student without an excuse went on firing with his revolver at the crowd of students resulting
in death of one of the students? Discuss the criminal liability of A?
Q.67. What should be proved by an accused to establish the defence of unsoundness of mind?
A was commanded by God in his dream to sacrifice his only son, A took his son to a mosque
and killed him. A then went into hiding and surrendered to police after two days. Can A’s defence of
unsounded of mind be accepted?
PJS – 2007
Q.68. D, wife of A, was maltreated and beaten by B, who happened to be real brother of A. This
maltreatment of D by B was not for or in connection with any demand of dowry. A had failed to
protect his wife from B. Out of frustration suicide was committed by D.
Whether A had committed any offence?
Q.69. A, aged about 49 years was posted as a Senior Officer in the office of Chief Architect Haryana. B,
aged about 21 years was holding a diploma in Architecture. She had met A in his office for a
government job. A had promised to do so. Thereafter, on two occasions A had sexual intercourse with
B at his residence, which was situated on the first floor of the building.
After that, on 13.01.1997, B had gone to the office of A, in connection with her job. A had told
B that her appointment letter was lying at his residence. A had asked B to accompany him to his
residence, where A had sexual intercourse with her. Two persons, who were present on the ground
floor of the building were attracted when an alarm was raised by B. A was caught hold of by them B
was also rescued by them form there. On a telephonic call given by one of those persons the police
had reached within five minutes. The appointment letter of B was taken into possession from the
pocket of trouser of A. Whether any offence has been committed by A?
Q.70. A 100 years old building, owed by B which by B which was in a damaged condition was situated
in Babra Mohalla at Rohtak. In October 2004, a part of the above said building had fallen down, as a
result of which three persons had died. Discuss the Criminal Liability of any, of B regarding the death
of the above said persons.
14
Q.71. During the subsistence of his first marriage with B, A has contracted second marriage with C.
During his trial under section 498A/304B of IPC, regarding unnatural death of C, A has taken the plea
that he could not be tried under section 498/304B of IPC as there was no valid marriage between him
and C. Whether A could legally take this plea?
Q.72. Discuss points of distinction between ‘Outraging the modesty of a woman’ and ‘insulting the
modesty of a woman’.
HJS – 2007
Q.73. Define the term ‘Culpable Homicide Amounting to Murder’. Do you agree with the view that
culpable homicide shall ‘not be considered as murder if the offender, in the exercise in good faith of
the right of his private defence, exceeds his right and causes the death of the person against whom he
is exercising such right of defence?
Q.74. A and B were both security guards posted outside the home of a senior army officer Mr. X. They
often used to exchange hot words with each other in one context or the other. On the day of
Deepawali, both of them had a verbal exchange due to the fact that both wanted to go home early for
the festival. That led to altercation between the two. Both of them instantaneously aimed their
revolvers at each other respectively. C, who was also on duty with them intervened and pacified both
of them. Both lowered their weapons respectively. The moment B was awarded death sentence.
However, on appeal, the High Court acquitted B on the plea of self-defence. The State intends to go in
for appeal against the decision of the High Court. Please advise in the light of the case law on the
subject?
PJS – 2006
Q.75. T, an unmarried woman became pregnant as a result of a rape. She, along with her mother,
went to the clinic of J, a homeo-medical practitioner and requested him for an abortion. J agreed to
abort her on payment of Rs. 2000/-. The amount was paid and an operation was performed. But
within an hour, the condition of T became very critical and she died. Discuss what are the offenses
under which J could be charged.
Q.76. A was convicted for the various terms of imprisonment in three cases under sections 380, 395
and 457 of the Indian Penal Code, 1960. Several similar cases were pending against him. The Police
published his photographs in public places, with a warning that he is a criminal who has to be taken
care of A challenges the publication of his photographs on various grounds. Discuss the legal issues
involved in the cases. (r/w Art.19 & 21 Constitution)
Q.77. V, a 14 year old boy and his mother went to the river to bathe. R had placed a live wire under
water with a view to catch fish. V was electrocuted and died in the hospital. Is R guilty of any offence?
If so, why?
15
Q.78. M was working as a bus driver. During communal riots, he stopped the bus near a mob of
persons armed with weapons to facilitate their attacking the passengers. In spite of a request by the
passengers to start off the bus, he stopped the bus till the mob could approach them. M got down from
the bus, went to the mob and was seen having discussion with some persons in the mob. Can M be
convicted under Section 120B of the Indian Penal Code?
Q.79. A committed the murder of his son S, by his first marriage, as S used to quarrel with A’s second
wife W. A dug up a big hole in the floor of the house and buried the dead body. W helped him in
digging up the hole. After that, W burnt the blood stained clothes of A. When the police wanted to
search the house, she refused to give them entry. She did not answer truthfully the questions put to
her by the police. W is charged under Section 201 and 212 of the Indian Penal Code.
(i) Could W be convicted under Section 201?
(ii) Is she covered under the exception in Section 212?
(iii) If W was not lawfully married to A, will she be given the benefit of the exception?
Q.80. M had caused injuries to the vagina of a seven and a half months old child by fingering. He was
charged under sections 323 and 354 of the Indian Penal Code.
(i) Is M guilty under Section 323?
(ii) Does a female child of 7-1/2 months possess womanly modesty?
(iii) What is the difference between the offenses under Sections 354 and Section 509 of the
Indian Penal Code?
Q.81. B, a young man who claimed to possess occult powers, represented to C that he would heal C’s
daughter, a 15 years old girl who was congenitally deaf and dumb, by his divine healing powers of
touch. B demanded Rs. 1,00,000/- as consideration to be paid equal installments. The amount was
paid in 10 installments, as demanded, Even after the promised time limit, there was no change in the
condition of C’s daughter.
(i) Is B guilty of any offence under the Indian Penal Code?
(ii) If B claimed that he was only a middleman and by propitiating God by offering various
poojas he could heal people B makes this claim in the earnest belief that the poojas would produce the
desire result. He obtained money from C for conducting poojas. If C’s daughter is not healed even
after the poojas. If C’s daughter is not healed even after the poojas, is B guilty of any offence?
(iii) If B does not offers poojas as promised, is he guilty of an offence?
(iv) B organizes noisy bhajans and C’s daughter, in a hysterical stage, utters the name of a deity
once and never speaks a word thereafter. In such a situation can B be held guilty of any offence?
16
HJS – 2006
Q.82. Discuss the ingredients necessary to constitute ‘Attempt’ under the Indian Penal Code. State
whether in the following situations, any offence or an attempt to commit an offence under the Indian
Penal Code is made out:
(i) A wife intending to cause the death of her husband mixes sugar in his tea thinking that it
was poison and gives it to the husband.
(ii) A man, intending to blast to kill Gopal, strikes Gopal’s body with a heavy rod, while he was
lying dead in his room.
(iii) A, intending to blast a bridge, carries a bomb near the bridge. He was awaiting the orders
of the gang leader to carry out the blast out the blast. Before that he is arrested by the police.
Q.83. “The distinction between ‘Murder’ and ‘Culpable homicide’ not amounting to murder is very fine
but real”. Discuss.
Q.84. A terminally ill patient who is eighty years old, requests his doctor to give him lethal injection,
so that he may die peacefully. The doctor administers the injection which results in death of the
patient. Is doctor guilty of some offence under the Indian Penal Code?
Q.85. Distinguish “common intention” from “common object’ as the expressions have been used in the
Indian Penal Code.
Q.86. Mitha Mal dispossessed Ram Lal from his land thirty years back and is in settled possession
since then. He gets the information that Ram Lal is coming to that place with armed men to get back
possession of the land and would reach the site within half an hour. On getting this information Mitha
Mal gathers seven of his friends immediately who are armed and prepared to resist Ram Lal forcibly.
Des this assembly of Mitha Mal’s friends amount to unlawful Assemble? Decide.
Q.87. Reeta believed herself to be pregnant and asks ‘X’ to help her to undergo abortion. ‘X’
administer her some obnoxious substance sufficient to cause miscarriage but later on it was found the
Reeta was not pregnant at that time. Reeta and ‘X’ are charged for attempt to cause miscarriage.
Discuss the liability of the accused.
Q.88. ‘X’ enters house of ‘y’ to commit theft. He is caught by ‘Y’ who starts beating him mercilessly. ‘X’
apprehending death or grievous hurt at the hands of ‘Y’ pulls out a knife and stabs ‘Y’ who is injured
seriously. Cam ‘X’ put up plea of right of private defence for causing injuries to ‘Y’. Explain with
reasons.
Q.89. Discuss points of distinction between the following:-
(a) ‘Outraging the modesty of a woman’ and ‘insulting the modesty of a woman’.
(b) ‘Rioting’ and ‘Affray’ (c) ‘Theft’ and ‘Extortion’
(d) ‘Criminal force’ and ‘Assault’ (e) ‘Kidnapping’ and ‘Abduction.’
17
PJS – 2003
Q.90. Right of self-defence cannot be measured in golden scales. Elaborate.
Q.91. Bring out the difference between common intention and common object.
Q.92. A was cutting indecent jokes with Bimla wife of B which led to a quarrel. C who was
unconcerned tried to intervene. Two companions of A gave beating to C. Then A gave knife blow on
the chest of C which proved fatal. What offences are committed by A and his two companions?
Q.93. Reena was not happy with her husband Vivek. She left his house voluntarily and of her free will.
She went to Dalip who allowed her to stay in his house as his mistress. What offence, if any, has been
committed by Dalip and Reena?
Q.94. What is meant by criminal conspiracy? Illustrate your answer with case law.
Q.95. In a land dispute A and B decide to kill Z. On a dark night both of them attacked Z with different
weapons while he was asleep in front of his house. As a result of injuries caused by A and B, Z died
instantaneously. At the trial, B could not be produced as he had absconded. Only A was put on trial.
There is a clear proof of the conspiracy between A and B. Write a short judgment taking into account
the possible defence(s) of the accused. (r/w Cr.P.C)
Q.96. Write short notes on any two of the following, with reference to case law:-
(i) Cheating.
(ii) Theft.
(iii) Criminal breach of trust.
(iv) Dowry death.
(v) Perjury.
Q.97. A, girl of 17+ years, is well known to B, as they have neighbours as well as students together in
the same school. They live in a modern city and belong to very wealthy and educated families. They
are in love and want to get married. But, A’s father who is a very high government official objects
because B belongs to a different caste. A and B run away from home. They go to a temple and get
married. A’s father makes a complaint to the Police that B had abducted his minor daughter, on the
basis of which FIR is registered against B. Ten days later, A and B arte apprehended by the Police.
During investigation, A and B inform the Police that they have been visiting different places like any
other couple on honeymoon. B tells the woman polices constable that the marriage has been
consummated and she is no longer a virgin. What offences have been committed by B. Discuss any
possible defence that can be put forward on behalf of B.
Q.98. A is tried for causing hurt and convicted. The person injured afterwards dies. Can A be tried
again for culpable homicide?
18
HJS – 2003
Q.99. What do mean by Harbour? In what cases is harbouring made an offence under the Indian Penal
Code?
Q.100. A having shot at a rabbit near P’s land, followed it to P’s land, with the intention of taking away
the killed rabbit. A was asked not to enter P’s premises. A entered P’s premises to take the rabbit and
did take it away. He did nothing else on P’s land. P then charged A with criminal trespass. Has A
committed the offence of ‘Criminal trespass’ by entering P’s premises?
Q.101. What are the different cases under the Indian Penal Code in which a person may be held
constructively liable for an offence, which he actually did not commit? Explain giving illustrations.
Q.102. A was a minister and while he was sitting on the treasury benches, B a member of the
Assembly called him a ‘thief’ and accused him of taking bribe in a case. B further repeated his
allegations outside the Assembly Chamber. A lodged a complaint for defamation against B for both the
incidents. Point out what defences, if any, are open to B.
Q.103. What is Force? Distinguish between Criminal Force and Assault.
Q.104. A and B exchange secret letter as to how best they can kidnap a minor girl and after give up the
idea as impossible. Have they committed an offence? If either of them wrote a note to the girl
persuading her to meet them at a specified place, what offences, if any, will both or either of them have
committed?
Q.105. Every homicide is not murder. How does the Indian Penal Code give effect to this statement in
its treatment of offences affecting human body?
Q.106. A produces ornaments worn by a murdered woman five days after the murder and gives no ex-
planation as to how he came into possession of the same. State giving reasons, what offence, if any, is
committed by A.
19
PJS – 2001
Q.107. Baladin, Mata Prasad, Devendra, Banwari and Brinda had been on look-out for one who was
out destroying their crop at night. On that fateful night they caught Jaikaran red-handed, with heavy
chopper used for cutting down standing crop and bag containing several kilos of unprocessed crop.
The five of them tied Jaikaran to mango tree in the village centre and began pounding him with kicks
and blows. Since Jaikaran was not willing to own responsibility for the earlier incidents of
destruction, Baladin brought a burning bamboo pole and torched him all over the body. In order to
compel Jaikaran to confess Baladin thrust the burning bamboo pole into his mouth causing extensive
injuries to Jaikaran. On the intervention of Sarpanch Jaikaran was untied, taken to hospital for
treatment, where he died the next morning. The doctor testified that the injuries were cumulatively
sufficient to cause death in ordinary course of nature.
What offence has been committed by the five accused?
Can Baladin alone be prosecuted for murder under Section 302? What clause of Section 300 is
applicable in this case?
Q.108. Ritender, a class XII student came from a rich family and was very friendly with Smitha, a class
X student in the same school. Ritender and Smitha had jointly participated in several school dramas
and youth camps. As Smitha liked Ritender’s company she often insisted that Ritender took her out to
movies and restaurant during school hours. Ritender was conscious that Smitha was a minor, that is
why he was very particular in reaching her home after every date. In the last incident Ritender had
thrown a birthday party to which several of his classmates including Smitha were invited. After the
party that lasted till the late hours of night, Smitha refused to return back or leave Ritender’s house.
This time Ritender did not persuade Smitha to return home. Smitha was 17 years and 10 months on
the day she decided to stay on.
Parents of Smitha are interested in prosecuting Ritender. Can Ritender be held liable for the
offence of kidnapping from lawful guardianship?
Q.109. Someshwar, a domestic servant, was annoyed by the master’s dilly-dallying in the payment of
salary. To teach a lesson to the master he removed a jewel box from the almirah and placed it in the
cowshed in the same house. The jewel box was located after searching for over a month.
Discuss the offence for which Someshwar can be prosecuted? Would your answer be different
if Someshwar had removed the jewel box with a view to ultimately stealing the jewels when the loss is
forgotten?
Q.110. Rahmat knew about Gopalj’s resolve not to sell his bullocks and cows to a butcher. Life
Traders, a modern meat export unit had offered to pay higher price and commission to anyone who
could arrange supply for their slaughter unit. Rahmat who had procured animals for Life Traders
earlier, took special pains in convincing Gopalji to sell his animals to the firm that earned valuable
foreign exchange for the country. Gopalji sold his two bullocks and five cows to Life Traders for a god
price. However, till after the sale Gopalji never knew that animals were actually meant for slaughter.
Can Rahmat be prosecuted for the offence of cheating? Would your answer be different if Rahmat had
conveyed to Gopalji that Life Traders is a firm that undertakes breeding of quality animals?
20
Q.111. The village Harijans who had been denied minimum wages for considerable period had
marched in a procession to the house of the landlord to demand justice. Some members of the
procession were shouting abusive slogans and brandishing lathis to display their anger. The house of
the landlord was well protected by high boundary wall and Iron Gate. On seeing the procession the
guards closed the Iron Gate to keep away the approaching crowd. The Harijan leaders were having
heated arguments with watched for having blocked their access to the landlord by closing the Iron
Gate and some of them were using force against the gate. Just then Raghuvendra, the youngest sons of
the landlord, fired with his rifle two shots on the crowd and killed one person.
Discuss: (i) Whether Raghuvendra has a right of private defence under the situation? (ii) Was
Raghuvendra justified in going to the extent of causing death?
Q.112. A is tried for causing grievous hurt and convicted. The person injured afterward dies. Can A
be tried again for Culpable Homicide?
HJS – 2001
Q.113. Under what circumstances may an offence outside India be tried as an offence committed in
India?
Q.114. If two persons commit the same act, can they be guilty of different offences in respect of that
act?
Q.115. What is the law in the Indian Penal Code as to illegal omissions?
Q.116. He who preserved his own life at the expense of another man’s life is excusable through
unavoidable necessity. Examine the correctness of this statement explaining how far it is true at the
present time.
Q.117. A instigates B to murder C but B refuses to do so. Has A committed any offence? If so, what?
Q.118. To what extent, if at all, and subject to what limitations, if any, will a mistake of fact afford a
valid defence?
Q.119. A, in support of a just claim which B has against Z for one hundred Rupees, falsely swears on a
trail that he heard Z admit the justice of B’s claim. What offence, if any, is committed by A?
Q.120. A knows Z to be behind a bush. B does not know it. A intending to cause Z’s death, induces B
to fire at the bush. B fires and kill Z. What offence, if any, is committed by A?
Q.121. A makes a hole through the wall of Z’s house and puts his hand through the aperture. What
offence, if any, is committed by A?
Q.122. A says of a book published by Z- “Z’s book is foolish. Z must be a weak man. Z’s book is
indecent. Z must be a man of impure mind”. What offence is committed by A, if any?
Q.123. Explain criminal misappropriation. Is a dishonest misappropriation for a time only a

misappropriation?
Q.124. What facts are essential to constitute theft?
21
PJS – 2000
Q.125. Mr. Amrik Singh owned on orchard of mangoes lying adjacent lying adjacent to a community
playground. Most of the fruit from the orchard was being stolen either by children playing cricket or
by truck drivers on the highway. He, thereafter, fenced it with a board wire but without any result.
When he felt tired he connected the barbed wire with live electric wire with an intent to protect his
fruit. Next day when children were playing, the ball went off into the orchard after Ramesh hit it for a
six. Satbir Singh, a player on the defending side, went to fetch the ball unmindful of the fact that a live
electric wire was attached to the fencing of the orchard. Fortunately, when he went in electric current
in the wire was absent. However, on his return the current was restored. So while negotiating his
way, he received an electric shock as a result of which he died.
Decide the offence and the correct provision of Law under which Mr. Amrit Singh can be
prosecuted. Support your answer with reasons.
Q.126. Ms. Gurjeet Kaur and Bunty were very close friends during their college days. The intimacy
became so close that they decided to marry each other. In the meantime, Gurjeet came in contact with
Ratinder whose parents were settled in Canada. She thereafter, refused to marry Bunty and decided
to marry Ratinder instead.
Bunty became so dejected that he decided to disfigure the face of Gurjeet before her marriage.
Two days before the marriage when Gurjeet was on her way to a beauty parlour, Bunty threw
concentrated acid on her face which not only disfigured her face but inflicted burn injuries throughout
her body. Gurjeet was rushed to the hospital where she died a few hours late.
The parents of Gurjeet intend to go to a Court of law against Bunty. Kindly advise them as a
legal adviser. State the ground on which you as a prosecutor would build your case. Also cite relevant
Court rulings in your favour.
Q.127. Radhika, a 12-year-old girl, was subjected to teasing by Ashok, a known bad character of the
area. Radhika bore the behavior of Ashok because of Ashok’s notoriety and her abject poverty with no
one else than her old parents to support. Her parents were casual labourers working in a nearby
building. One day, when her parents were out, Ashok entered the house and attempted a forcible
sexual intercourse with her. Ashok threatened her of dire consequences in case she raises the alarm.
When both of them were naked and in a compromising position, Radhika’s mother entered the house.
Radhika narrated the whole story to her mother and both of them next morning lodged an FIR at the
Police Sation.
They contend that Ashok has raped Radhika, while Ashok argues that Radhika’s silence and
not injury or any sort of bruises on her body indicate that she had consented to it.
Kindly advise Radhika and her mother regarding the offence (charge), if any, can be made
against Ashok.
Will it make any difference if the medical report states that Ashok is physically impotent?
22
Q.128. While J was committing theft in K’s house he was surprised by L, a tenant of K. J took to his
heels carrying with him the stolen Jewellery. L chased him and shouted at him but J escaped by
entering his house and shutting the door. L scaled over the wall and jumped into J’s house with a view
to take back the Jewellery. L raised a lathi to strike J who forestalled the danger and shot L dead. J
was arrested and put to trial for the murder of L. J argues that L raised a lathi to strike, there was a
reasonable apprehension of grevious hurt and death of L was caused in the exercise of his right of
private defence.
State your opinion with support from law and decided cases whether J’s action is right and is
covered under Right of Private Defence.
Q.129. M had history of insanity in his family. His father had died in mental hospital when his brother
was also a patient. One night M picked up his son and threw him out of the window. After this he
strangled two of his daughters to death and then tried to throttle his wife too. Her crises brought the
neighbours to the spot. On seeing them, M ran away and by the shortest route reached the police
station where he surrendered to the police.
At the trial for murder of M, the defence counsel of M argues that M’s family history couple
with following circumstances: (a) the absence of motive (b) the absence of secrecy (c) multiple
murders (d) want of pre- arrangement and (e) want of accomplices as detailed in Lyon’s and Modi’s
Medical Jurisprudence leads to prove that M was suffering not only from paralysis of the will but also
from the paralysis of mind. Kindly decide the case.
HJS – 2000
Q.130. Explain and illustrate the difference between preparation to commit an offence and attempt to
commit an offence.
Q.131. State if any offence had been committed in the following cases:
(i) A intending to murder B buys a gun and loads it.
(ii) A intending to murder B fires a gun at B.
(iii) A intending to murder B by poison purchases poison and mixes the same with food, which
remains in A’s possession.
(iv) A serves the poisoned food to B with the knowledge of its being poisoned.
(v) A woman, with intention of committing suicide runs towards a well, but there she was
caught by a person.
23
Q.132. Discuss fully the essential elements of criminal misappropriation of property and distinguish
between criminal misappropriation of property and criminal breach of trust.
Q.133. From the body of a dead man found floating in a river A, the policeman on duty recovered an
identity card if the deceased, a costly wrist watch and a gold ring. He did not record in the recovery
memo the last two items and pocketed them. What offence if any were committed by A? Answer with
reasons.
Q.134. Define and distinguished between the following:
(i) Kidnapping and abduction
(ii) Wrongful restraint and wrongful confinement
(iii) Hurt and grievous hurt
(iv)Theft and Extortion
Q.135. An injury was caused to a person with his consent. Under what circumstances such consent
might not be a legal defence to the person inflicting injury?
Q.136. What are the ingredients of the offence of Rape? Explain with illustration.
PJS – 1999
Q.137. Sh. Prem Singh intended to kill Gurbachan Singh on whose life Prem Singh has invested large
amount in insurance without the knowledge of Gurbachan Singh. In order to obtain sums for which he
(Gurbachan) was insured, Sh. Prem Singh administered to Gurbachan sweetmeat (Halva) mixed with
arsenic and mercury in soluble form. Gurbachan ate some portion of the sweetmeat and left the rest
on the dining table in the house of Prem Singh, where other relations of Prem Singh too were invited.
Two young children aged 7 and 8 years respectively of Prem Singh’s sister, who were incidentally
there, took the sweetmeat left on the table without the knowledge of Prem Singh and ate it. Both these
children died while Gurbachan Singh suffered excessive vomiting due to poisonous sweetmeat. Prem
Singh has been charged of murder of two innocent children, he pleads that he never intended to kill
them and took the sweetmeat without his knowledge.
Being a judge in this case, discuss the liability of Prem Singh and the provision of law. Give
reasons to support your answer.
24
Q.138. Deepati a Brahmin girl aged 17-3/4 years was acquainted with Suresh a non-Brahmin doctor
of 22 years age. This acquaintance developed into an intimate friendship and both of them decided to
marry each other after Deepti attains the age of majority. Deepti’s father having come to know about
it tried his level best to dissuade Deepti turned a deaf ear to her father’s advice and continued her
relationship with Suresh. Having been assured with every possible help by Sursh, Deepti turned a deaf
ear to her father’s advice and continued her relationship with Suresh. Deepti’s father was annoyed at
her behavior and shouted at her telling her very rudely that either she must sever all her relations
with Suresh or he would strangle her while asleep. During the night on that day, she (deeti) stealthily
left the house and went to Suresh who provided her the accommodation, food and other necessaries in
his house. Suresh is being prosecuted for kidnapping Deepti. Decide giving due consideration to the
probable arguments of the prosecution and the defence.
Q.139. A and B, the managing director and technical director respectively of Jagdish Cotton Textile
Phagwara were entrusted by the textile commissioner of Delhi with 26,000mts. of cloth for dying and
printing. However, they failed to return 13,000mts. of cloth back to the commissioner lying with
company on Govt. account. On a search of the factory on 1.1.1996 the balance of the cloth remaining
to be delivered by the company was not found. The plea taken by A & B was that the said cloth
(13,000) mts. were eaten up by white ants and moths and has been thrown away as rubbish. The
Textile Commissioner of Delhi has moved the Court alleging both A & B guilty of criminal
misappropriation with common intention.
Mr. A contends that he has left Phagwara in December, 1995 and since then has not attended
the office at Phagwara, so should not be held liable under section 34 and subsequently under section
409 of IPC along with B.
Decide the liability of A. Is he jointly liable with B by sharing common intention? Give reason
along with cases to support your contention.
Q.140. Rakesh saw that Ali a pillion rider on Umesh’s motor bicycle dropped his purse while Umesh
negotiated with a speed breaker. Rakesh took the purse with the intention of restoring it to Ali.
However, on reaching home Rakesh was told by his wife that it was their wedding anniversary on that
day and he should buy for her a new saree and a mangal sutra. Rakesh spent the whole money receipt
of his salary on the first of the following month he will restore Ali’s purse and money to him. Rakesh
did so.
Can Rakesh be held guilty for criminal misappropriation of Ali’s money?
25
HJS – 1999
Q.141. Explain ‘Common intention’ as used in section 34 of the Indian Penal Code. Refer some leading
cases.
Q.142. Four accused A, B, C and D tried to forcibly stack their bundles of grains in front of R’s
enclosure. R objected because the land belonged to him. A and B assaulted him with kicks and fists. C
and D who were armed with lathis gave lathi blows on the head of R. R died as a result of injuries
caused by lathis. A, B, C and D are tried under section 302 read with section 34 I.PC.
Decide the case. Give reasons for your answer.
Q.143. Distinguish between the offences of abetment of an offence and criminal conspiracy.
Q.144. What offence has been committed in the following cases:
(i) A instigation a child B to poison C and provides poison for the purpose. B by mistake, puts
the poison on D’s plate, which happened to be the side of C’s plate. D takes the food and dies.
(ii) A instigates B to shoot C. B goes to C’s house with gun but finding C’s car standing
unattended, steals the care instead of shooting him.
Q.145. Mention the limits within which the right of private defence should be exercised.
Q.146. When does the right of private defence of property extend to the causing of death?
Q.147. Does the right of private defence extend to risk of harm to innocent person? Illustrate your
answer.
Q.148. Under what condition culpable homicide is murder? Explain.
Q.149. Decide the liability of A, if any, in the following case:-
(i) B gives grave and sudden provocation to A. On such provocation A fires a pistol at B,
neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z.
(ii) A was knowing that Z is labouring under such a disease that a blow is likely to cause his
death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow.
26
PJS – 1998
Q.150. The Forest Department had information about the operations of the Forest Mafia. On the day
of the occurrence Ram, a conscientious forest guard, caught X, Y and Z felling sal trees without permit.
Failing to escape, they confronted Ram and tied him with ropes. After immobilizing Ram, X, Y and Z
inflicted grave injuries on his legs and arms from the blunt side of a heavy wood cutting axe. They
used the blunt side of the axe for inflicting two injuries on the head as well. Ram was found dead the
next day. The post-mortem report revealed that the death result on account of shock and brain
concussion brought about by the head and limb injuries.
Discuss the offence for which X, Y and Z can be prosecuted.
Q.151. D, a girl of 16 years, was married to X by her father, F. According to M, the maternal uncle of D,
X was a poor match for the girl. Within the first three months of the marriage X started ill-treating and
beating his wife. Being fed up with X, D left his house saying that she would never return. Two days
later D reached the house of M and insisted that she would stay with him till X reconciles to her getting
married to some other suitable boy. M informed D’s mother and brothers about the developments,
but did not inform X nor told D to leave his house. The police recovered D from the house of M.
Can M be prosecuted under Section 363?
Q.152. A, B, C, D, E, F and G armed with lathis and spears go to K’s filed with the common object of
taking its possession. K and party resist and in the process A falls down unconscious because of a lathi
blow on his head. Finding stiff resistance, B runs away for good. C leaves temporarily to fetch a gun
from his nearby house. But before C’s return D had given a lathi blow with considerable force on the
head of K causing his instantaneous death. A is arrested on the spot after regaining consciousness
along with C, D, E ,F and G are arrested a week after the indident.
Can all the seven accused be prosecuted under Section 302/149? Can A and B held jointly
liable for death caused by D under Section 302/34?
Q.153. Kakkaji, a self-styled leader, was in league with a gang that was regularly smuggling sliver and
other contraband goods out of the country. On the fateful day, two vans left Kakkaji’s residence at
midnight, followed by Kakkaji in his car. The vans had a consignment of silver bars and were destined
for a creek on the seashore. Customs officials followed the convoy of cars that stopped near the creek.
Just when half of the silver consignment had been unloaded from the vans and a mechanised sea-craft
could be seen approaching the creek, the customs officials seized the vans and the silver consignment.
The accused was prosecuted for attempting to smuggle out goods in violation of the provisions of the
FERA, 1947, Imports and Exports (Control) Act, 1962, read with Section 511 of the Penal Code.
Can the accused be successfully prosecuted on the above facts?
27
HJS – 1998
Q.154. Compare the principles of joint liability for a criminal act committed by several persons not
exceeding four with that for a criminal act committed by several persons not less five bringing out
clearly the points of distinction, if any.
Q.155. Discuss the law of exemption from criminal liability in the case of minors.
Q.156. A, an illiterate boy servant of 8 years stole a new Parker Fountain Pen, worth Rs. 200/- from
the Table of his employee and sold it to B, a student of law aged 21 years for Rs. 10/- only. Both A and
B are put on trial. The former is charged with theft and the latter for receiving stolen property. How
would you, as a judge, decide the case?
Q.157. Describe in your own words the difference between Murder and Culpable Homicide not
amounting to Murder.
Q.158. A has an enlarged spleen. B knows this and gives him kick on the abdomen which ruptures the
spleens. A week later A dies in consequence of the injury received. Discuss the guilt of B.
Q.159. A has an enlarged to kill B, shoots at him but the shot misses him and accidentally shoots C
whom he never intended to injure. C dies on the spot. Discuss the guilty of A.
Q.160. Point our distinction between ‘Kidnapping’ from lawful guardianship and ‘Abduction’.
Q.161. Distinguish between ‘Rape’ and ‘Adultery’.
Q.162. M, an unmarried daughter of A, was born at midday on 20/08/1980. She agrees to go with her
paramour B without her parents’ consent or knowledge between 20th August and 21st August 1998 at
3 a. m. B has sexual intercourse with her after a fortnight with her consent. What offences, if any, have
M and B committed? Discuss.
28
HJS – 1996
Q.163. What is meant by Mens Rea? Explain the dictum “ACTUS NON FACIT REUM NISI MENS SIT
REA”. How far a motive necessary for determining a crime? Are there any exceptions to the dictum of
Mens Rea? Illustrate your answer.
Q.164. Define and distinguish between Theft, Extortion, Robbery and Dacoit. Illustrate your answer.
Q.165. Discuss the essentials of wrongful confinement and distinguish it with wrongful restraint.
Q.166. A causes cattle to enter upon field belonging to B intending to cause and knowing that he is
likely to cause damage to the crop of B. What offence has been committed by A?
Q.167. What is culpable homicide? When does it amount to murder and when it does not amount to
murder?
Q.168. A was driving a bus on a kacha road at high speed. There were iron sheets placed on the top of
the bus. On way some of the iron sheets fell down on the head of B and also injured some other
persons walking on the road. B was carried to the hospital by A. B died after a month. Has A
committed any offence? If so what?
Q.169. A with the intention of causing the death of an illegal child f tender age, exposes it in a desert
place. There after a passer-by saves the child from dying. What offences have been committed by A?
Q.170. Distinguish between the criminal liabilities arising out of the following acts:
(i) An act done in furtherance of the common object of all;
(ii) An act which is criminal by reason of its being done with a criminal knowledge, is done by
several persons who join the act with such knowledge.
(iii) An act done by any member of an unlawful assembly in prosecution of its common object.
Q.171. A asked to help him in committing murder of C. B agrees but nothing is subsequently done in
pursuance of such an agreement. Can A and B be charged with the offence of conspiracy?
Q.172. A girl below 18 years of age was in the keeping of her mother. Her father B lived separately. B
by deceitful means took A and kept her with him. Is B guilty of kidnapping?
29
PJS – 1995
Q.173. Define Criminal Conspiracy.
Q.174. Where two persons were accused of Conspiracy and one of them was a public servant. The
public servant was acquitted as he was prosecuted without obtaining sanction under Section 197.
Indicate whether the conviction of the other accused will be sustainable in appeal despite the acquittal
of the public servant.
Q.175. Distinguish between the ingredients of Section 34 of Indian Penal Code and Section 120 A of
the Indian Penal Code. Cite case law.
Q.176. Write a short note on the right of private defence of a person.
Q.177. Where a bailiff went to a village to make an attachment but the warrant had become invalid by
lapse of the time limited thereby and the owner of the property resisted and caused grievous hurt to
one of the party. Can the accused plead right of private defence of property in his defence?
Q.178. Bring out the difference between common intention and common object giving an illustration.
A purchased a Bungalow which had a power generator. His neighbours B, C, D, E and F

requested him not to use it at night but A did not desist and continued its use which offended them. R
incited them and they stormed into A’s Bungalow with lathis and seriously injured A’s son. Other
family members were also attacked. They also killed the pet dog. What is the criminal liability of R, B,
C, D, E & F.?
Q.179. A, a surgeon, know that a particular operation is likely to cause death of Z, who suffers under a
painful complaint, but not intending to cause Z’s death and intending, in good faith, Z’s benefit,
performs that operation on Z with Z’s consent. Z dies as a result of the operation.
What offence, if any, is committed by A? Give reasons.
Q.180. Define an Abettor; and decide whether A in the following illustration is an Abettor or not:
(i) A intends to case death of Z and instigates B, a child of 7 years of age to do an act which
causes Z’s death. B in consequence of the abetment did the act in the absence of A.
(ii) A instigates B to instigate C to murder Z. B accordingly instigates C who commits the

murder of Z.
Q.181. Write short notes on the following:-
(a) Mens Rea.
(b) Constructive criminal liability.
(c) Difference between cheating and misappropriation.
30
Criminal Procedure Code, 1973

PJS – 2018
Q.1. What are the stages at which a person can be summoned by the court as an additional accused
and what are the parameters therefor? Whether such person is entitled to be heard before an order
summoning him is passed? Expound (15 marks)
Q.2. Is there any difference between re-investigation and further investigation within the ambit of
Section 173(8) of the Code of Criminal Procedure 1973? Expound with judicial precedents?
(10 marks)
Q.3. A witness for the prosecution while being examination-in-chief gave evidence contrary to the
statement made by him to the police under Section 161 of the Code of Criminal Procedure, 1973. Can
the prosecution make use of his previous statement, and if so, under what condition?
(15 marks)
Q.4. Chapter XIX of the Code of Criminal Procedure, 1973 deals with the procedure of trial of Warrant
cases. It envisages two distinctly separate procedures for trial when a case is instituted on 1 police
report and a case instituted otherwise than on a police report. Draw the distinction between on the
two procedures.
Q.5. “A compromise of a compoundable case deprives the Magistrate of his jurisdiction to try it while
the withdrawal of prosecution gives a general executive direction to withdraw from the prosecution
subject to the consent of the court.” Explain the statement with the aid of case law highlighting the
powers and duties of the Court in permitting compounding and giving consent for withdrawal from
prosecution. Point out the effects of the two on the legal status of an accused.
(15 marks)
Q.6. An application to transfer a criminal case from the Court of Judicial Magistrate First Class
presided by Judge H to some other court was moved by the accused before the Chief Judicial
Magistrate. The Chief Judicial Magistrate called for remarks from judge H regarding the transfer.
Judge H in his report stated that the advocate (Mr. P), who appeared for the accused was a “big
gambler of the town” and a “rowdy” and that he exhibited rowdyism in the court. Mr. P filed a
complaint against both Judge H and the Chief Judicial Magistrate accusing them of having defamed
him. Whether the prosecution against them will sustain? Justify your answer with the aid of legal
provisions and judicial precedents.
31
PJS – 2015
Q.7. Seven persons including Rajoo are alleged to have gang-raped ‘G’. The trial court convicted all of
them for the offence and sentenced each one of them to rigorous imprisonment. Appeals were filed
before the High Court and the High Court set aside the conviction of 5 but upheld the trial of Rajoo and
Vinay accepts the verdict but Rajoo appealed to the apex court. The apex court noticed that the
appellant Rajoo was not represented in the High Court. If you were the Judge, what would you do
under the circumstances? Decide referring to the relevant case law.
Q.8. Compoundable offences are listed in Section 320 of Cr.P.C. Discuss if the court could compound
any other offences?
Q.9. Investigation is the backbone of a criminal trial. And you as judge are confronted with a factual
matrix which shows that there has been designedly defective or improper investigation against the
cannons of criminal jurisprudence. What would be the scope of your enquiry and your final decision?
HJS – 2015
Q.10. Are the provisions of Section 154(1) of Cr.P.C. mandatory? Give reasons for your answer and
cite the relevant case law.
Q.11. ‘A’ was charged with murder of ‘B’. When ‘A’ was taken into custody, he sought bail. The
Sessions Court denied him bail. He approached the High Court. The High Court granted him bail
under Section 437 of Cr.P.C. The complainant wants to question the bail. Examine and decide:
a) Whether complainant can question the bail?

b) On what grounds can the bail be cancelled?
c) What does the term ‘judicial discretion’ imply?
d) Can bail be granted on parity of reason?
32
PJS – 2013
Q.12. The decision to arrest is primarily a judicial function. Respond to this statement with reference
to pre-arrest and pre-arrest procedures in the Code of Criminal Procedure.
Q.13. Discuss the guidelines laid down by the Supreme Court in the case of D.K. Basu v. State of West
Bengal, 1997 (1) SCC 416 in relation to the safeguards for the arrestee.
Q.14. A gang of goons were in the habit of terrorizing a residential colony in New Delhi. They would
demand money from shop-owners and residents. They would harass girls of the locality and would
pass unsavory comments. Being fed up with the gang, a group of young students from the same
locality decided to unite and resist the gang. On 11.07.2013, when the gang had come to the colony
again to demand money, a fight broke out between the goons and the students. A who was a witness to
the ongoing fight, rushed to nearest police station and informed X, the officer incharge about the
ongoing fight. Upon hearing that the fight was going on, X immediately rushed to the place with a
troop of constables and arrested a number of goons. He recorded statement of B and C, who of the
students involved in the fight and also of F, G, H and I, the residents of the colony.
Decide which of the above can be treated as FIR in this case.
Q.15. The Supreme Court in the case of Shahazad Hasan Khan v. Ishtiaq Hasan Khan & another,
1987 (2) SCC 684 has approved of the convention that the successive bail application are to be placed
before the same judge and not before different judge. Critically analyses the relevance and utility of
the said convention as noted by the Supreme Court.
Q.16. Highlight the statutory provisions contained in the Code of Criminal Procedure which give effect
to principle of fair trial. In particular, elaborate on the following principles as reflected in the Code of
Criminal Procedure:-
i. Separation of judiciary from executive

ii. Public and open hearings
iii. Nemo debet esse judex in propria causa
iv. Right of victim to seek legal assistance
v. Right of accused to have the evidence to be taken in his presence
Q.17. A forges a document and thereafter institutes a suit against B, on the strength of the forged
document. B appears in the suit. On realizing that the document is forged, B lodges prosecution
against A for forgery. A assails the prosecution on the ground that the interdict contained in Section
195 of Cr. P. C. comes into play and cognizance of the offence could not have been taken except on the
complaint in writing by the Court or by the Officer authorized by that court, before which the
document was tendered. Whether the objection raised by A is legally tenable?
33
HJS – 2013
Q.18. ‘Regulating the nature of interaction between the accused and the police authorities is at the
crux of a developed criminal justice system.’
Elaborate on the statement by referring to the guidelines laid down in the case of Joginder
Kumar v. State of U.P., AIR 1994 SC 1349.
Q.19. “The area covered by Art. 20(3) of the constitution and Section 161(2) of the Criminal
Procedure Code is substantially the same. So much so, terminological expansion apart, sec. 161(2) is a
parliamentary gloss on the constitutional clause.” Respond to the statement made by the Supreme
Court of India in Nandini Satpathy v. Dani (P.L.) and another, AIR 1978 SC 1025 and comment on
the limits on the power of the police to interrogate and on the meaning of the term ‘accused’.
Q.20. Unlike the scheme in Plea Bargaining, the procedure for withdrawal from prosecution does not
afford the ‘victim’ a participatory position.
PCS – 2012
Q.21. Referring to statutory provisions, discuss the validity of following:-
(a) Where investigation cannot be completed within 24 hours, the police officer produces the
accused before the Executive Magistrate upon whom the power of the Judicial Magistrate has been
conferred. Such Magistrate remands the accused to 10 days police custody.
(b) A Magistrate in a summary trial proceeding on conviction passes sentence order for 4
months imprisonment.
(c) A person arrested of accusation of ‘bailable offence’ is not released on bail by the police
officer though the person is ready to furnish bail.
(d) For complaint against the accused without reasonable cause, the Magistrate orders
payment of compensation in favour of the accused. For default in payment of compensation, passes an
order of sentence for 60 days imprisonment.
(e) Where accused desires to plead guilty, Magistrate issues a special summon specifying
rupees one hundred fifty as fine.
Q.22. What is the effect of non-appearance or death of complainant in a trial of summons cases by
Magistrate?
Q.23. Narrate in brief the principles regarding grant of bail in criminal cases. Can a bail be claimed as
a matter of right? Under what circumstances a bail can be cancelled? Illustrate your answer.
Q.24. When can warrant be issued by a court in lieu of summons? Can a court take a bond for
appearance of a person who is present in the court? Discuss with reference to statutory provisions.
Can a person who has filed a bond, be arrested? If so, under what circumstances?
34
Q.25. ‘M’ filed a complaint before the Chief Judicial Magistrate alleging that ‘G’ has committee offences
under Section 406 and 420 IPC. CJM took cognizance of the offence and issued process to the accused.
The accused entered appearance. The complainant was absent of consecutive posting dates. Finally
the case was posted to a specific date for the appearance of the complainant. On that day, an
application or adjournment was moved on his behalf. The Magistrate, after holding that the
complainant has been trying to delay the proceedings and protract the case and that the compliant
does not constitute the ingredients necessary for offences punishable under Sections 406 and 420
I.P.C., discharged the accused under Section 245(2) the Code of Criminal Procedure.
Critically analyze the correctness of the order of discharge of the accused passed by the Chief
Judicial Magistrate and suggest what alternative procedure could have been adopted by the CJM while
proceeding with the criminal complaint made by ‘M’?
HJS – 2011
Q.26. Can an offence committed outside India, be tried in India under Indian Criminal Law (IPC and Cr.
P.C.)? Explain in the light of case law.
Q.27. How the trial of warrant cases instituted on police report is different from cases instituted
otherwise than on police report? Elaborate the procedural differences between the two.
Q.28. “Every distinct offence of which any person is accused there shall be a separate charge and
every such charged shall be tried separately”. Identify the aforesaid provision of Cr.P.C. and discuss
exceptions to this rule.
Q.29. Outline the cardinal provisions of Code of Criminal Procedure at the time of commencement of
proceedings before magistrates that upload the virtue of fair trial.
Q.30. Discuss provision of bail available to an under sections 436 and 437 of Cr.P.C. vis-à-vis section
436A inserted by the Code of Criminal Procedure (Amendment) Act, 2005. Evaluate the significance
of insertion of section 436A in Cr.P.C.
Q.31. Write short notes on the following:
(i) Difference between “Discharge” and “Acquittal”.
(ii) Effect of “Error in Framing Charge”.
35
PJS – 2010
Q.32. Describe the various rights of an arrested person under the Cr.P.C. Can a Magistrate refuse the
request of an arrested person for medical examination of his body? If so, under what circumstances?
Q.33. What protection has been afforded to members of the armed forces from arrest?
Q.34. In a complaint case the complainant, on a date fixed, is absent. Counsel for the accused urged
that the complaint be dismissed and accused acquitted. Counsel for the complainant contends,
however, that there was nothing to be done as summons for the doctor, for whose evidence, the date
was fixed, had not been issued by the office of the Court despite deposit of process fee by the
complainant and therefore the case be adjourned to some other date. Decide.
Q.35. Can there be a joinder of charge in a trial under following circumstances:
(i) ‘A’ commits theft on four occasions in 1986 of which two are punishable under Section 379
IPC and the other two under Section 380 IPC.
(ii) ‘A’ attempts to rescue ‘B’ from the custody of police and while making such attempts
caused grievous hurt to a constable ‘C’ and simple hurt Constable ‘D’.
Q.36. Discuss and explain the maxim “it is an established rule of criminal law that a man may not be
put twice in prison for the same offence”. Point out the exceptions, if any.
Q.37. What are the powers of the Court to call or re-call a witness whether examined or not examined
earlier? (r/w IEA)
HJS – 2010
Q.38. Explain the distinction between acquittal and Discharge.
Q.39. Explain with illustration the followings:
(i) When can the Court alter or amend charge? What is the consequence of a defect in the
framing of charge?
(ii) What charge is to be framed if it is doubtful as to what offence has been made out?
Q.40. In what circumstance a person can be arrested without warrant? What measures and
precautions are required to be taken while arresting a person, as directed by the Supreme Court?
Q.41. Can a person on being examined by a police officer investigating a case, refuse to answer a
question relating to such case asked to him by such police officer?
Q.42. Determine the place of trial in the following cases:-
(i) Where an offence is continuing one and continues to be committed in more local areas than
one.
36
(ii) ‘A’ boarded the train at Patna. Scuffle between ‘A’ and ‘B’ ensued in the compartment
somewhere between Lucknow and Moradabad, where ‘B’ got down. On reaching Delhi, ‘A’
broke his journey and lodged F.I.R. against ‘B’.
Q.43. Can a bail granted under Section 167(2) of Cr.P.C. be cancelled by the Magistrate suo motu on
presentation of challan report under Section 173, Cr.P.C against the accused?
HJS – 2009
Q.44. “Person once convicted or acquitted, cannot be tried again on the same facts for the same
offence”. Elucidate. {S.300 Cr.P.C r/w Art. 20(2)}
Q.45. Examine the legality of the following trials:-
(i) A is tried and convicted for causing hurt to B. He is again charged and tried for causing
grievous hurt on the same facts.
(ii) A is tried for causing grievous hurt to B and convicted. Afterwards B dies of the same
wounds. He is again tried for committing culpable homicide.
Q.46. What do you understand by “Plea Bargaining”? State the procedure for initiating “Plea Bargain”
in Courts.
Q.47. What should a Magistrate do in a case, in which “Plea Bargain” has been initiated?
(i) But no satisfactory disposition is made out,
(ii) A satisfactory disposition is made out.
Q.48. What is the object of Section 125 in Cr.P.C? Can the following claim for maintenance under
Section 125 Cr. P.C and when:
(i) A Muslim wife from her husband
(ii) Mother and Father from a married daughter
37
PJS – 2007
Q.49. A complaint was filed by B before a magistrate. The same was dismissed by him under Section
203 of Cr.P.C holding that there was no sufficient ground for proceeding. Whether the second
complaint on the same facts is maintainable and if so under what circumstances?
Q.50. A complaint was filed by B against C on 03.02.88 under section 499/500 IPC, wherein C was
summoned under section 500 IPC for 11.07.88 C appeared before the judicial magistrate on 11.07.88
and furnished his bail bonds. On that day, neither the complaint nor his counsel was present,
therefore, the complaint was dismissed on the same day, for want of prosecution. Whether the judicial
magistrate could review the above said order dated 11.07.88, on an application filed by the
complainant, mentioning that on date which was fixed prior to 11.07.88, his counsel had noted the
next date as 25.07.88 instead of 11.07.88?
Whether the judicial magistrate could again pass an order for the summoning of the accused in
the second complaint verbatim the first one, which was filed by B, seven days after the dismissal of the
first complaint, and wherein the above said reason regarding the absence of the complainant and his
counsel on 11.07.88 was also mentioned?
Q.51. A complaint was filed by the complainant against the accused u/s. 498A/406 and 506, IPC. After
recording pre-charge evidence, charge was framed against the accused under the above said sections.
The case was thereafter fixed for cross-examination of the witnesses for 09.04.94, for the cross-
examination of the prosecution witnesses for any date. Prosecution witnesses had not appeared in the
Court after the framing of the charge. Evidence of the prosecution was closed by the court on 01.06.94
and on the same day the accused were acquitted.
Discuss the legality of the above said order passed by the court on 01.06.94.
Q.52. On 12.07.2006 A was at the wheel of a Haryana Roadways Bus bearing registration No. HR-29-
1275. It was carrying a marriage party of about 80 persons, from Karnal to Delhi. Around 5.00 PM the
above said bus was about one KM ahead of Bus Stand Panipat towards Delhi. A was driving the same
with extreme rashness and negligence at a speed of about 120 KM per hour on the G.T. Road. The
above said bus had hit an auto rickshaw bearing registration no. HR-03-1714 carrying school children,
which was going ahead of it, at a moderate speed. As a result of the accident four children namely B, C,
D, and E and G, who was the driver of the auto rickshaw had expired at the spot.
Frame charge against A regarding the above said accident.
38
Q.53. A complaint under Section 500, IPC was filed by B against C. Process was issued by the court
against C, thereafter, B had expired. Whether the court on its own could substitute anyone to
prosecute the complaint? Whether any person could proceed with the complaint, if so who and what
steps were required to be taken by him in this regard?
Q.54. Eleven cases of misappropriation of bank money under section 467/468 IPC were pending
against C in a court. After the completion of prosecution, one case had reached the stage of recording
the statement of accused under Section 313 Cr.P.C. An application was moved by C to defer the
recording of his statement u/s 313Cr.P.C. till other ten cases had reached the stage of recording
statement of accused u/s 313 Cr.P.c. as he could not be forced to reveal his defence. Discuss the
legality of this application.
Q.55. Whether the trial court can permit the accused to produce any document at the stage of framing
of charge? Whether the accused can seed the aid of Section 91 of Cr.P.C. for the production of any
document at the stage of framing of the charge?
Q.56. A joint petition for mutual divorxe was filed by A her husband B. In the said petition there was
an averment that A woild not claim any maintenance from B at any time or in future under any
proviso of law. It was also so stated by A in her statement in the court in the above said petition. A
had not remarried after mutual divorce. B had contracted second marriage. A petition for
maintenance was filed by A under section 125 of Cr.P.C. against B on the ground that she was not able
to maintain herself and B was getting handsome salary. Whether A was legally entitled to get
maintenance from B?
Q.57. A, aged 65 years is residing at Gurgaon. He is unable to maintain himself and wants to file a
petition for maintenance under Section 125 of Cr.P.C. against his son B who is residing his son B who
is residing at Panipat and getting handsome salary.
Advise A as to where he should file the above said petition.
Q.58. A has taken divorce form his wife B. Thereafter B has started living in adultery with C. B has
filed a petition for maintenance under Section 125 of Cr.P.C. against A on the ground that she was not
able to maintain herself and A was getting handsome salary. A has taken the plea that he was not
liable to give maintenance to B who was living in adultery with C. Whether such a plea was available
to A?
39
HJS – 2007
Q.59. What are the various provisions laid down in the Code of Criminal Procedure, 1973 with regard
to the registration of First Information Report (FIR) and the powers of the Police to investigate on that
basis?
Q.60. Rita was working as an assistant supervisor in a garment manufacturing factory at Bhuneshwar.
One day late evening in the month of December 2006, her supervisor Mr. R.K. Khanna called her in his
office and raped her. After a few days, she was again raped by Mr. Khanna. Due to the fear of loosing
the job, she did not disclose the incident to anybody in the family. However, about four months, when
she learnt that she was pregnant, she disclosed it to her mother who took her to Police Station. Mr.
Khanna was arrested, challaned under Section 376, and 506 of the Indian Penal Code, 1860. The Trial
court found the accused guilty and convicted him. The High Court, however, reversed the decision and
acquitted him on the ground of delay in lodging the First Information Report. The State is to go in
appeal against the aforesaid decision. Please advise. Support your answer with the suitable case law?
Q.61. Can an anonymous telephonic message, that is first in point of time but’ does not clearly specify
a cognizable offence having been committed be treated as the First Information Report?
Q.62. Can a police officer refuse to register a First Information Report on the ground that the said
police station does not have territorial jurisdiction over the place of crime?
Q.63. Is the First Information Report a substantive piece of evidence or can it only be used to
corroborate the statement of the maker?
Q.64. Is it mandatory that the names of all witnesses be mentioned in the First Information Report?
Q.65. Write brief note on – “Case Diaries”.
40
PJS – 2006
Q.66. Explain the circumstances in which an arrest without a warrant can be made. Can a magistrate
issue a warrant for arrest in respect of a cognizable offence before taking cognizance of the offence?
Q.67. Examine the procedure for search under the Code of Criminal Procedure, 1973. What, if any, is
the effect of illegal search on the admissibility of evidence and the validity of trial?
Q.68. State the circumstances in which it is advisable and those in which it is inevitable to issue a
commission for examination of a witness.
Q.69. Explain the circumstances in which evidence may be recorded in the absence of the accused
person. What is the value and use of such evidence in the subsequent trial of the accused person? (See
S.299 Cr.PC)
Q.70. Explain the meaning and purpose of ‘Investigation’ with reference to relevant provisions of
the Code of Criminal Procedure. Distinguish between ‘Investigation’, ‘Inquiry and Trial’, giving two
illustrations of each of these three proceedings.
Q.71. A magistrate, after considering reports of two enquiries under section 190 Criminal Procedure
code, orders another inquiry under section 202. After considering all those reports, he takes
cognizance of offence. Examine the legality of the Magistrate’s action, referring to case law.
Q.72. Discuss the circumstances in which the bail granted in the case of a bailable offence can be
cancelled. By which court can the bail in such a case be cancelled?
Q.73. Examine the circumstances in which an accused can be granted bail by a police officer. Can such
an accused remain on bail when the trial is on?
Q.74. Marriage between J and K took place in July 1999. After frequent quarrels, they started living
separately from July, 2000. F.I.R was registered at the instance of K (wife) under Section 498A, 323
and 406 the Indian Penal Code against J (husband), his father, mother and younger brother. K has
filed affidavit reacting that FIR was got registered by her. J files a petition in the High Court for
quashing of FIR under Section 482 of the Criminal Procedure Code. K supports the prayers stating
that her dispute with J has been fully settled and they have agreed for a divorce. The State opposes on
the ground that the offences under Section 498a and 406 of the Indian Penal Code are not
compoundable and the relevant powers under Section 482 of the Criminal Procedure cannot be
invoked to bypass the mandatory provisions of section 320 of the Criminal Code. Decide, with
appropriate reference to statutory provisions and relevant case law.
41
HJS – 2006
Q.75. What are the ingredients of an F.I.R.? Is it necessary that F.I.R. should contain all details of
manner of occurrence?
Q.76. What is the effect of delay in filing F.I.R.?
Q.77. Can a person being examined by a police officer investigating a case refuse to answer question
relating to such case put to him by such officer?
Q.78. Explain the circumstances in which a wife is entitled to claim maintenance from her husband
under the Code of Criminal Procedure.
Q.79. Can a daughter be asked to maintain her father? If so, under what circumstances?
Q.80. Can an illegitimate son be asked to maintain his father?
Q.81. Discuss ‘joinder of charges’ under the Code of Criminal Procedure.
Q.82. Can a person be convicted of an offence not specified in the charge?
Q.83. Is it mandatory for court to direct a new trial or adjourn the trial for some period in case of
alteration of charge?
Q.84. Examine the circumstances in which a person accused of the commission of any non-bailable
offence can be released on bail.
Q.85. Discuss the situations in which Anticipatory bail be granted?
42
PJS – 2003
Q.86. Distinguish between:-
(i) Summons case and Warrant case.
(ii) Compoundable and non-compoundable offences.
(iii) Discharge and Acquittal.
(iv) Inquiry and Investigation.
(v) Inquiry and Trial.
Q.87. In a warrant case, the Magistrate discharged the accused owing to the absence of the
complainant on the day fixed for hearing. On the next day, the Magistrate entertained a second
complaint on the same facts, by the same complainant, against the same accused, and proceeded with
the trial. Discuss the legality of the procedure followed in the case.
Q.88. Every offence shall ordinarily be enquired into and tried by a Court within the local limits of
whose jurisdiction it was committed (Section 177 Cr.P.C.). Are there any exceptions to the above rule?
Discuss.
Q.89. Is the bar of limitation under Section 468 Cr.P.C. to be reckoned with reference to the date of
complaint or the date of taking cognizance by the Court? Explain with reasons.
Q.90. In a land dispute A and B decide to kill Z. On a dark night both of them attacked Z with different
weapons while he was asleep in front of his house. As a result of injuries caused by A and B, Z died
instantaneously. At the trial, B could not be produced as he had absconded. Only A was put on trial.
There is a clear proof of the conspiracy between A and B. Write a short judgment taking into account
the possible defence(s) of the accused. (r/w IPC)
Q.91. What are the powers of the Judicial Magistrate under Section 173 Cr.P.C.? Is it incumbent upon
the Judicial Magistrate to accept the report under Section 173 Cr.P.C.? If not, what other orders can be
passed? Discuss with reference to section 156(3) Cr.P.C. Illustrate with relevant case law.
Q.92. Can the Police force any person to make a statement regarding the crime under investigation? Is
the maker of the statement bound to sign the statement recorded by the Police?
Q.93. Can the statement recorded by the Police under Section 161 Cr.P.C. be taken into consideration
by the trial Court?
43
HJS – 2003
Q.94. For every distinct offence of which any person is accused, there shall be separate charge and
every such charge shall be tried separately. Explain it by giving suitable illustrations.
Q.95. State the importance of F.I.R.
Q.96. Under what circumstances has the wife got a right to get maintenance from right her husband?
Can this right be exercised by parents or illegitimate children also?
Q.97. Discuss in brief the provisions of the Cr.P.C. relating to Sessions trial.
PJS – 2001
Q.98. A was remanded to Police custody on his production before the Magistrate on May 1. However,
on May 10 the Police moved another remand application for a period of 15 days. The Police also
requested that since A was taken away from the town in connection with investigation his physical
presence in the Court be dispensed with. What order can the Magistrate pass in terms of the
provisions of Section 167 of the Cr.P.C.?
Q.99. Why is investigation described as: “the executive stage in which there should be no judicial
interference”?
Q.100. Can the police force any person to make a statement regarding the crime under investigation?
Is the maker of the statement bound to sign the statement recorded by the Police?
Q.101. Can the recorded statement be taken to trial stage as such?
Q.102. A was arrested by a police party from his house and kept in a secluded building for three days,
without informing any person about the arrest or the place of his detention. For all these days A was
neither told about the reasons or grounds of his arrest nor permitted to contact any person. After
three days confinement A was released and informed that he was free to go anywhere. What are the
illegalities involved in the above arrest process?
44
Q.103. X a woman employed as a cook in the hostel is caught pick-pocketing a purse containing Rs.
200/- and remanded to judicial custody after arrest. Two months after her arrest some members of
the Students Legal Services Clinic move a bail application on her behalf before the Magistrate. The
Magistrate accepts to release her on bail on condition of producing two sureties for Rs. 25,000/- each.
X is form another State therefore she is not in a position to arrange two sureties for such a high
amount. What are the grounds that can be raised for securing X’s release on bail/bond?
Q.104. Pritam was in an earlier case charged under Section 19(1) of the Arms Act for possessing a
revolver without licence and acquitted as the prosecution could not prove that he was in possession of
revolver. The prosecution institutes a subsequent trial against Pritam on charge of murder by
shooting with a revolver. Will the finding of the earlier case under Arms Act affect the prosecution
case?
HJS – 2001
Q.105. In what cases a police officer may arrest any person without an order from a magistrate and
without a warrant?
Q.106. What are the provisions in the Criminal Procedure Code regarding the search of the arrested
person? Does the search become illegal where no grounds of arrest are given to the accused?
Q.107. Briefly state the processes to compel appearance of the accused or of witnesses before a court.
45
PJS – 2000
Q.108. Over a property dispute between two brothers, H, the elder brother, strikes L on the head with
a stick causing a fracture of the skull. He is tried on a charge of grievous hurt under Section 325 of IPC
before a magistrate of first class. The Court allows the compounding of the offence, accordingly H and
L enter into a compromise and H is acquitted as a result of it under Section 320 of Criminal Procedure
Code. L subsequently died on injury caused by H and, therefore H is placed on trial before a Court of
Sessions for an offence under Section 304 of IPC (culpable homicide not amounting an order).
H contends that the trial cannot proceed as it is violative of his Fundamental Right guaranteed
to him under Article 20(2) of Indian Constitution as well as protection given to him under Section
300(1) of the Criminal Procedure Code, 1973.
As an expert in the matter, kindly state legal opinion so that matter can be taken up accordingly.
Q.109. “In every enquiry or trial the proceedings shall be held as expeditiously as possible and in
particular when the examination of witness has once begun, the same shall be continued from day to
day until all witness in attendance have been examined, unless the Court finds the adjournment of the
same beyond the following day to be necessary for reasons to be recorded.” (Section 309(1) of Cr.P.C
1973)
In the light of above statement, state concept of “Speedy trial” and its significance.
Authoritative judgments of the Supreme Court of India may be quoted to support your answer.
HJS – 2000
Q.110. What is the mode of delivery of a Judgment? Can a Court alter a judgment after it has been
delivered?
Q.111. Accused A fails to appear on the date of judgment. Should the Court deliver judgment:-
(i) If A is to be sentenced to imprisonment?
(ii) If A had been granted exemption from personal attendance during trial?
46
Q.112. “For every distinct offence of which any person is accused there be a separate charge and
every such charge shall be tried separately”. Comment. Also state the exceptions to the above rule if
any.
Q.113. What is the effect of errors in charge?
Q.114. Analyse the provision about the grant of anticipatory bail. Can anticipatory bail?
Q.115. What is the difference between ordinary bail and anticipatory?
Q.116. What do you understand by summary trial? Describe the procedure for summary trial.
Q.117. Explain the jurisdiction and powers of the Court of Sessions and of the High Court in revision
proceedings.
PJS – 1999
Q.118. G, was a notorious dacoit. Once he committed robbery on the high-way resulting in death of a
lady. He was later on apprehended by the police but no eye witness was available against him.
While G was in police custody he was taken up by a magistrate who did not disclose his
identity for a stroll and asked a number of questions about robbery. When they came back, the
magistrate recorded them in the form of confessional statement, signed and sent it to the trial judge.
The trial judge convicted G of robbery and dacoity on the strength of the statement sent by the
magistrate.
G appealed alleging that the confessional statement recorded by the magistrate in the manner
aforementioned was not admissible, therefore, his conviction must be quashed.
Decide whether plea taken by G is correct keeping in view the requirements of recording
confession by the magistrate as per the relevant provisions of Criminal Procedure Code 1973? Would
it matter, if the magistrate disclosed his identity to G, when he took him for a stroll?
47
Q.119. A and C were good friends. During their friendship C developed intimacy with B, sister of A.
One day A saw B and C sitting together close to each in a park and C was taking liberty with her (B).
A lost his tamper and stabbed C, twice in his abdomen with the knife which A carried in his
pocket.
C was admitted to hospital and was reported improving. Meanwhile A, was tried for causing
grievous hurt to C and was convicted.
Soon after A’s conviction which had become final C’s condition deteriorated and he died of
stab wounds. A was put to trial again for the offence of culpable homicide not amounting to murder.
Can the trial validly proceed in terms of Section 300 of Criminal Procedure Code? Or can A
succeed in taking the defence of double jeopardy to protect himself from subsequent trial?
Q.120. S, an ex-minister, alleges that he has been falsely implicated in a case of receiving kickbacks
from a foreign telecom company. S apprehending his arrest moves an application for anticipatory bail.
Determine the court having jurisdiction to grant bail and the grounds on which such bail can
be claimed.
Q.121. P is arrested for damaging a place of worship and for offering indignity to a human corpse. P
applies for bail.
Can he get bail in both the offences? State the factors which the court will consider while
granting bail to P.
48
HJS – 1999
Q.122. Describe the contents of a charge.
Q.123. The accused has right to recall prosecution witness after alteration of the charge. When such
right could be refused by the court?
Q.124. The accused were convicted of rioting, which was the only charge before the Magistrate. On
appeal, the Session Judge acquitted them of rioting, but convicted them under Section 448 and 323 of
the Penal Code of house trespass and hurt. Discuss the legality of conviction of the accused by the
Sessions Judge.
Q.125. Mention the categories of cases in which a police officer may arrest a person without a
warrant.
Q.126. Under what circumstances a police officer may search a place without warrant?
Q.127. Under what circumstances a police officer may arrest or cause to be arrested person?
Q.128. Discuss the procedure of trial before Court of Session.
Q.129. An accused could not be discharged taking all the evidence produced by the prosecution.
Under what circumstances the accused may be discharged before production of such evidence?
Q.130. Distinguish between:-
(i) Cognizable and non-cognizable offences
(ii) Bailable and non-bailable offences
(iii) Inquiry and investigation
(iv) Summons and Warrant cases.
Q.131. Describe the categories of persons who may be released on bail by a court other than the High
Court been guilty of non-bailable offence.
49
PJS – 1998
Q.132. S, a shop owner, was murdered in his shop. N, a salesman in the shop, was arrested after a
fortnight of the incident. N desired to make a confession in the course of the investigation. A Judicial
Magistrate took n to the murder spot and asked him a number of questions relating to the crime. He
recorded the substance of N’s replies and subsequently at home recorded and signed the statement.
Is this confession admissible as a piece of material evidence in terms of Section 164? Can the
Judicial Magistrate be permitted to prove the confession through his oral testimony?
Q.133. G, a beautiful girl of 20 years, B, her brother aged 15, F, her father aged 70, U, her uncle aged
40, and N, her sister aged 25, are arrested for having committed kidnaping, extortion and murder (all
non-bailable offences). He apply for bail before a Metropolitan Magistrate. F, being a cancer patient,
makes a confession implicating all, including himself.
What principles are to be kept in mind by the court while considering the bail applications of
the aforesaid accused? Can bail be granted to all of them? What is the power of the High Court and
the Sessions Court regarding bail of the Magistrate refuses to grant one?
Q.134. What do you understand by the doctrine of “autrefois acquit” and “autrefois convict”? How
does it ensure a fair trial?
X strikes B on the head with a lathi, causing a fracture. X is tried on the charge under Section
325 Penal Code before a Metropolitan Magistrate. The Court allows a composition under Section 320
Cr.P.C. and X is acquitted. B subsequently dies and X is placed on trial before the Court of Sessions
under Section 304 Penal Code.
Can the trial validly proceed in terms of Section 300 Cr.P.C.?
50
HJS – 1998
Q.135. Discuss the powers of Magistrate to issue order in urgent case of nuisance or apprehended
danger. Refer to decided cased, if any, on the subject.
Q.136. How would a Magistrate deal with a situation when he finds that a dispute concerning a piece
of land between the two parties is likely to cause a breach of peace?
Q.137. What is a charge? State its object and particulars to be stated therein. State the law in regard
to misjoinder of charges and state what is the effect of material error in charge?
Q.138. A public servant was charged under section 409 I.P.C. Facts constituting the charge also made
out an offence under section 420 I.P.C., but he was not charged for this offence. Support your answer
by authorities, if any.
Q.139. How can a wife who has been abandoned by her husband compel him to maintain her? How
does the criminal court enforce its maintenance?
Q.140. When is a wife not entitled to maintenance for her husband?
Q.141. How does Cr.PC provide for maintenance of Children and aged Parents?
Q.142. Give a critical appraisal of the provisions relating to anticipatory bail in the Code of criminal
Procedure, 1973.
Q.143. Discuss the guiding principles for the grant of bail in bailable and non-bailable offence.
51
HJS – 1996
Q.144. What is meant by anticipatory bail? Under what provision of law it may be claimed? By which
courts it may be granted? Can you cite some Supreme Court judgment on the matter?
Q.145. In similar cases one court grants the bail while another court refuses the bail. Why it is so?
What are the principles governing the grant of bail in bailable and non-bailable offence? Support your
answer by some decision.
Q.146. Point out the limitations in the entertainment of a second bail application.
Q.147. In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged
that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends,
however, that there was nothing to be done as summons for the doctor, for whose evidence, the date
was fixed had not been issued by the office of the court despite of process fee by the complainant and
therefore the case be adjourned to some other date. Decide.
Q.148. An accused was acquitted due to lack of evidence. He was again prosecuted for the same
offence, additional evidence was supplied and he was convicted by the magistrate. Examine the
legality of the order.
Q.149. The chief judicial magistrate of Amritsar granted anticipatory bail to an M.L.A. as he was
apprehending arrest in a murder case issued necessary directions. Examine the validity of the order.
Q.150. Whether appeal is a right under the natural law or a creation of statute?
Q.151. Discuss those cases where no appeal is provided under the Criminal Procedure Code?
Q.152. A pleads guilty and is convicted by the High Court. Will an appeal lie?
Q.153. Whether an appeal lies against acquittal? If so, in what court?
52
Q.154. Suppose you are a Public Prosecutor in a sessions court. A murder case has been entrusted to
you. What steps will take during the course of the trial till its conclusion? What steps shall the court
take? State in detail.
Q.155. Can a court of Additional sessions judge take cognizance of an offence? If so, under what
provision of law?
Q.156. A case was committed to sessions judge for trial of murder. Police had recovered a lathi from
the accused. Witness M had stated before the investigating officer that he saw accused running
towards the deceased. The sessions judge discharged the accused. Discuss the validity of the
judgment.
PJS – 1995
Q.157. Examine in detail the circumstances under which a wife is entitled under the Code of Criminal
Procedure, 1973 to claim maintenance from her husband. What is maximum quantum of maintenance
and how is it fixed? Whether maintenance pendent lite may also be awarded? Indicate case law.
Q.158. Please show your acquaintance with “Mohd. Ahmed Khan v. Shah Bano Begum (A.I.R. 1985
S.C. 945)”. Also please state whether a Muslim father is entitled to claim maintenance from his
Muslim son under the Code of Criminal Procedure 1973.
Q.159. Discuss the inherent powers of the subordinate Courts and High Court.
Can the High Court exercise such powers to revise its own order and to declare a person a
vexatious litigant?
53
Indian Evidence Act, 1872

PJS – 2018
Q.1. Explain the following statement citing judicial precedents “An accomplice shall be a competent
witness against an accused person”.
Q.2. ‘P’ is arrested by the police in connection with the murder of ‘Z’. While in police custody, ‘P’ made
the following statement to the investigating Officer (IO):
“I have killed ‘Z’ by stabbing him with a dagger, and concealed the said dagger in my house. If
you take me to the house. I will point out that dagger.” Pursuant to this information the IO took to his
house. ‘P’ pointed at a box and stated that the knife was kept in the box. The IO opened the box and
recovered the knife. If the statement or any part of it, admissible in evidence? Justify your answer
citing the relevant provisions of the Indian Evidence Act, 1872 and supporting judicial precedents.
Q.3. What is meant by ‘proved’? What is the difference in the standards of proof between civil cases
and criminal cases for arriving at the situations ‘proved’? (15 marks)
Q.4. Explain the meaning of conclusive proof. A child is born during the married life of a couple but
the husband disowns the paternity of the child. State the legal position by explaining the appropriate
provisions of the Indian Evidence Act, 1872.
PJS – 2015
Q.5. “The principle of estoppel, is recognized as a facet of ‘equity’ the object of which is to prevent
fraud and secure justice between the parties by promotion of honesty and good faith.” Elucidate with
case law.
Q.6. Write short critical notes on the followings:-
(i) Leading questions
(ii) Presumption of fact as a rule of evidence
Q.7. Who is a competent witness? Who is a hostile witness? How shall the court appreciate testimony
of a hostile witness?
54
Q.8. Write short notes on:
(i) Mode of proof and standard of proof (ii) Retracted confession
(iii) Narco Analysis test (iv) Incriminating evidence
HJS – 2015
Q.9. What is Secondary evidence? Under what circumstances it can be given? Is uncertified copy of
public document admissible if original has been destroyed?
Q.10. A 28 year old document is filed by plaintiff in a suit. Document is exhibited in evidence after
three years. Will any presumption be available to such document in said suit?
Q.11. Short notes on the followings:
(ii) Fact-in-issue and relevant facts
(iii) Leading questions
(iv) Res gestate.
(V) Dis-proved and not proved.
Q.12. In a case of murder under Section 302 of I.P.C., the accused confessed to the police that he had
committed murder and also confessed that he hid the weapon used in the offence of murder besides
the tree in his neighbour’s courtyard. The weapon is thereby discovered by the police. Examine in the
light of the relevant provisions and the case law:
(i) The relevance of his confession to the police.
(ii) The relevance of discovery of weapon and the exact scope of this recovery.
(iii) Critically examine the contradictory approach, if any, and decipher any contradiction in
the approach between (i) and (ii) above
Q.13. What is the purport of confession under Criminal law and under what circumstances it can be
made? Also state the relevance of a confessional statement of an accused in Narco-analysis test
undergone by him voluntarily.
Q.14. ‘A’ registers a case of attempted robbery against an unknown person. However, within a week
on the basis of some secret information, the police arrests a suspect ‘B’. In Test Identification Parade
(TIP), ‘A’ identifies the suspect as robber. After six months, during the trial ‘A’ identifies ‘B’ in his
examination-in-chief, but his cross-examination ‘A’ supports the case of prosecution on a aspects, but
deposes that he is not sure whether accused ‘B’ was the robber as the incident happened at night and
he could catch only momentary glimpse of the robber. In his re-examination he admits that he had
identified accused ‘B’ in TIP. There is no other eye witness to the incident of robbery. How will you
decide the case?
55
PJS – 2013
Q.15. Discussing the applicable decisions of the Supreme Court of India, determine if the Courts power
under Section 73 of the Indian Evidence Act to require a person to furnish specimen of his
handwriting is violative of Article 20 (3) of the Constitution of India?
Q.16. B is contesting an appeal in the Supreme Court against A to claim the property of C. The appeal
was filed by A against B on 01.02.2009. During the hearing in June 2011, to support his claim B seeks
to prove a will executed by C in the year 1980. B does not have in his possession the original will and
only has a copy of it. The copy, however, is not a certified one. B also has not been able to produce
any witness who could testify to the execution of the original will. The judgments of the lower courts
also do not make any mention of such a will. B seeks to invoke Section 90 of the Indian Evidence Act
and urges the court to presume that the signature in the will is that of C.
Determine with reasons if the court is entitled to presume accordingly.
Q.17. Comment on the dynamics Section 162 of the Code of Criminal Procedure and Section 165 of the
Indian Evidence Act, 1872 with the help of the principle laid down in the case of Raghunandan v.
State of UP, 1974 (4) SCC 186.
Q.18. In order for a conviction to be sustained solely on the basis of circumstantial evidence it must be
both exclusive and inclusive. Comment on the above statement in the light of the judicial policy in
India and with special reference to any landmark judgment of the Supreme Court of India.
Q.19. The credibility of a witness depends to a great extent on the reactions of a witness to the crime.
There are certain standard responses which can be expected from individuals when they witness a
crime and if the concerned witness behaviour has deviated from those normally expected standards, it
can be sufficient ground to doubt the veracity of the testimony.
Respond to the above statement in the light of the judicial policy in this regard as reflected in cases
like State of Kanataka v. K. Yarappa Reddy, 1999 (8) SCC 715.
Q.20. A forges a document and thereafter institutes a suit against B, on the strength of the forged
document. B appears in the suit. On realizing that the document is forged, B lodges prosecution
against A for forgery. A assails the prosecution on the ground that the interdict contained in Section
195 of Cr. P. C. comes into play and cognizance of the offence could not have been taken except on the
complaint in writing by the Court or by the Officer authorized by that court, before which the
document was tendered. Whether the objection raised by A is legally tenable?
Q.21. What is a chance witness? What is the evidentiary value of the testimony of chance witness?
Discuss as to how the judicial approach with regard to appreciation of evidence offered by a chance
witness is reflective of the social reality of this country.
Q.22. A is in the business of construction. In the course of his business, he usually has to deal with a
lot of government officials. In relation to the one of his construction projects, B, an official of the PWD
Department asks for a bribe of Rs. 5,00,000/- from a for clearing a file. A is very irritated at his
behaviour. He refuses to pay any kind of bribe. Subsequent to this, B repeatedly calls A and threatens
him that A’s project will never receive clearance. A after being constantly harassed gets in touch with
56
C who is the Assistant Commissioner of the Anti-Corruption Branch. After due consultation, they
decide to gather evidence against B by taping the telephonic conversation between A and B. On July
01, 2013 in the presence of C, A calls up B with the recording device attached to his phone. B’s
demand for bribe is recorded and pursuant to that, charges are initiated against him in the court.
During the course of the trial, B contends that the telephonic conversation cannot be produced in
evidence as it was procured illegally in violation of Section 25 of the Indian Telegraph Act which is as
follows:-
Intentionally damaging or tampering with telegraphs-If any person, intending-
(i) to prevent or obstruct the transmission or delivery of any message, or
(ii) to intercept or to acquaint himself with the contents of any message, or
(iii) to commit mischief, damages, removes, tampers with or touches any battery, machinery,
telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the
working thereof,
Shall be punished with imprisonment for a term which may extend to three years, or with fine
or with both.
Decide if the recorded telephonic conversation is admissible in evidence or not.
Q.23. Test identification parade has no independent value of its own. Respond to this statement and
comment on the evidentiary relevance of the test identification parade.
HJS – 2013
Q.24. Amit makes a statement in article in a newspaper that both Balwant and Charanjit have involved
in siphoning off lakhs of rupees which were supposed to be for the development of a children’s park.
Balwant and Charanjit work as secretaries in the same department of the government with Charanjit
being the junior of Balwant. Amit claims that the siphoning off happened as a result of a conspiracy to
which only Balwant and Charnjit were parties who managed to hoodwink the entire department.
Amit makes a further claim that he has sufficient trail of documents in his possession to prove the
joint involvement of Balwant and Charanjit. Balwant and Charanjit institute separation proceedings
against Amit suing him for compensation. The suit institute by Balwant is adjudicated first wherein
Amit is held liable for defamation as he could not produce sufficient evidence to prove that his
allegations were true. Amit is ordered by the court to pay damages of Rs. 5 lakhs to Balwant.
Charanjit’s lawyer tries to bring this decision to the notice of the Court.
Determine whether the said decision can be a relevant fact in the suit by Charanjit.
57
Q.25. Rakesh and Dinesh enter into an agreement wherein Rakesh agrees to sell to Dinesh a brand
new Wagon-R car of LXI model which is red in colour. It turns out that Rakesh has two cars in his
possession, a Wagon-R LXI of white colour and another Wagon-R VXI of red colour. Determine
whether oral evidence may be given in order to determine the meaning of the clause.
Q.26. Krishan and Som enter into a contract for the sale of a house under construction, Som promises
to Krishan that the house would be handed over to krishan by 07.01.2013 at a price of Rs. 20,00,00/-.
The agreement to sell is duly registered. Subsequently, Krishan enters into a contract with Ramesh
wherein Ramesh agrees to buy the same house from Krishan by paying 20% extra on the contract
price between Krishan and Som. On 09.11.2012, Ramesh comes to know that Krishan and Som have
reached a verbal understanding that due to a slide in the market, Krishan will now pay Rs. 15,00,000/-
(i) Decide if the subsequent verbal agreement between Krishan and Som can be proved in a
suit between them.
(ii) Decide if the subsequent verbal agreement between Krishan and Som can be proved in a
suit between Ramesh and Krishan.
Q.27. The utility of a retracted confession hinges primarily on the judiciousness of the court. Respond
with reasons to the statement by referring to the judicial approach towards retracted confessions.
Q.28. The judicial policy in relation to appreciating circumstantial evidence is but an exercise in
logical precautions. Respond to the statement.
Q.29. Sarita works in a call centre where she has to work in odd hours. She reaches the office around
10:00 p.m. every night and gets back home around 6.00 a.m. in the morning. Her office has arranged
for transport service so that she and other employees like her can be safely picked up and dropped
back. On 01.03.2012, she received a call at around 3.30 a.m. from her home that her mother is
seriously ill. Though the transport service would have taken her back around 5.30. a.m. Sarita decided
to leave at once and borrowed a two wheeler form a friend for the same purpose. On her way back on
roads which were mostly lonely, she was confronted by a gang of drunk’s hooligans who beat her up
severely and ravished her in their car and then threw her off on the road.
Her colleagues spotted her when they were getting back from office in the company car
around 5.50. a.m. They were horrified at the scene of a bleeding Sarita lying helplessly on the road.
They picked her up and took her to the hospital. Some of her colleagues suggested that Sarita must
first go to the police but Sarita did not want to register a complaint fearing a protracted legal
proceeding which would put her to public humiliation. She mentioned the identity of one of the
perpetrators as Rajesh who works in the office opposite to the call centre. In the hospital, Sarita
breathed her last around 6.00 p.m. the same evening. Enraged at the whole event, couple of her
friends informed the police of the incident pursuant to which Rajesh was apprehended and sent for
trial.
(i) Under which provisions of the Indian Evidence Act, the statements made by Sarita to her
colleagues in the car may be relevant?
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(ii) Under which provision of the Indian Evidence Act, the statements made by Sarita to her
colleagues in the car will not be relevant?
PCS – 2012
Q.30. The statement of a dead person or who cannot be found, which is already proved and admitted
in evidence, cannot be impeached or discredited for the reason that the presence of such person
cannot be secured to counter the allegations levelled against him, Do you subscribe to this view? If so,
give the reasons in support.
Q.31. Answer the followings:
(a) Copies of documents are admitted in a court of first instance without objection. Can
objection to their admissibility afterwards be taken in a court of appeal?
(b) A document is per-se inadmissible. Can it be objected in appeal?
Q.32. When the evidence of an expert would be admissible? What is the difference between an expert
and an ordinary witness? Discuss fully and illustrate your answer.
Q.33. Will the following expert evidences be admitted; if so, give reasons and cite relevant cases?
(i) Evidence of an architect as to the depreciation of property by nuisance.
(ii) Opinion of an expert on the construction of the document.
Q.34. Official Communication has been kept in privileged category on the principle of salus populi
suprema lex. Explain.
Q.35. ‘A’ who was hit by bullet stated in the hospital in the presence of a Magistrate that ‘B’ had fired
at him. But ‘A’ did not die of his injury. Is the statement of ‘A’ made in the presence of the Magistrate
admissible in evidence against ‘B’, can it be of any other use?
59
HJS – 2011
Q.36. Digvijay proceeds against Srijayan in a civil court claiming compensation for the injury caused to
him. He adduces the following evidence in addition to other documentary and oral evidence. Decide
whether following facts are relevant and admissible?
(i) The judgment of the Criminal Court convicting Srijayan or causing grievous hurt by rash
and negligent driving;
(ii) The advice note given in confidence by the pubic prosecutor who had instructed Digvijay
to make certain statements during his deposition.
Q.37. Rajesh, a student got marks-sheet from Haryana Education Board, showing that he had passed
in biology, physics and chemistry with good marks. Rajesh, as a matter of fact had never opted or
appeared for biology. However, he remained silent and sought admission in 1 st year of MBBS course
at Guru Nanak Dev Medical College. When he had to appear in his 1st professional course of MBBS,
Haryana Board realizing the error, served a notice on him for wrong marks-sheet. Subsequently, the
Medical College cancelled his admission. Rajesh consults you for using estoppel against Haryana
Board. Give your opinion with reasons.
Q.38. Enumerate the situations when leading question can be asked during Examination-in-chief and
Re-examination. Also point out when it is not allowed during cross-examination.
Q.39. Can a Judge base his judgement on answer to irrelevant matters? What are the restrictions on
the power of the Court to compel a witness to produce any document?
Q.40. A wife becomes pregnant through artificial insemination using the husband’s sperm without his
permission. Husband and wife have not met in two years. The child is born with severe disabilities.
Husband denies the child to be his. Decide. (r/w HMA)
Q.41. List the situation when evidence of bad character can also be given. Do you think that Indian
law of evidence is based on law and not on logic?
Q.42. State the provisions of law and give reasons as to relevancy of the following facts:
(i) In a case of homicide against ‘X’, prosecution produces a statement of ‘Y’. “I heard the cries
and saw the dead body”.
(ii) In case of an identity of a carcass recovered from a pond, ‘the production of super imposed
photograph of deceased over the skeleton’ by the prosecution.
Q.43. What is the evidentiary value of FIR and in what cases FIR may become substantive evidence?
Q.44. (i) Arun, on his trial before the Court of Sessions, says that a deposition was improperly taken
by Bir Singh, the Magistrate. Can Bir Singh be called as a witness and compelled to answer the
questions as to the deposition which is alleged to be improperly taken?
(ii) If Arun is an accused before the Court of Sessions of attempting to murder while on his
trial before Ram Singh, a session Judge. Can Ram Singh be examined as to what happened before him?
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PJS – 2010
Q.45. State if tape recorded conversation is admissible under the Indian Evidence Act. Is there any
limitation to its admissibility?
Q.46. ‘A’ files a registered original will in support of his claim to certain property. The opposite party
alleges that the will was forged. No further evidence was adduced by either of the parties. Decide the
share of claim of ‘A’.
Q.47. Comment of the following:-
(i) ‘Admissions are relevant and may be roved against the person who makes them, but they
cannot be proved by or on behalf of the person who makes them.’ State the exceptions to this
principle, if any.
(ii) Are admissions made by strangers admissible? If not, are there any exceptions to this
rule?
Q.48. Would the Court have power to direct a person accused of an offence to give specimen
signatures or handwriting?
Explain with the support of provisions and case law.
Q.49. Is there any bar to take cognizance of an offence in a criminal case? If so, how would the period
of limitation commence? Explain with support of provisions and case law.
(i) Child witness (ii) Hostile witness
Q.51. ‘A’ appeared as a witness for the prosecution. During cross-examination it was suggested that
he had earlier admitted before the accused that he had not seen the occurrence and that he was
pressurised by police to appear as witness. On his denial he was confronted with tape recorded
conversation. ‘A’ denied that it was his voice. Thereafter the accused moved an application before the
Court that witness should be called upon to get his voice recorded so that comparison could be done
between his voice sample and his tape recorded voice.
Can the witness be issued any such directions, if so, under what provisions of the Indian
Evidence Act?
Q.52. Is an accomplice competent witness and worthy of credit without corroboration?
Q.53. Police Constable made attempts to procure the services of a Magistrate for recording Dying
Declaration of deceased suffering from 90% burns but the Magistrate was not available and the
Constable himself recorded the dying declaration. Is it admissible in evidence?
Q.54. When can a confession alleged to have been made by an accused who is jointly tried with
another accused be taken into consideration by the Court as against the other accused? Explain.
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HJS – 2010
Q.55. What do you understand by ‘Privileged Communications’? Answer with aid of suitable
illustrations.
Q.56. A witness is compelled to state a matter, which will expose him to a criminal charge. If he
speaks the truth, can he be prosecuted on the basis of his own statement in the Court? If he makes a
false statement, can he be prosecuted for giving false evidence?
Q.57. “The rules of Evidence are in general the same in Civil and Criminal Proceedings”. Comment and
state if there are any exceptions to this rules.
Q.58. What are the essential conditions of a valid dying declaration? When a dying declaration is
considered as not admissible. Give illustration.
Q.59. what is expert opinion? Explain the evidentiary value of expert opinion.
Q.60. A witness is asked in cross-examination whether he was dismissed from service for dishonesty.
He denies. Evidence is offered to show that he was dismissed for dishonesty. Is the evidence
admissible?
Q.61. Can the following statements be used for corroborating a witness:-
(i) A statement in F.I.R. lodged by the witness about the commission of an offence, based on
personal observation.
(ii) A former statement of the witness before a Magistrate made during police investigation.
(iii) A statement recorded as dying declaration in a case where the deponent survives and is
called as witness in Court.
(iv) A previous statement of an accomplice before a Magistrate after he has been granted
pardon.
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HJS – 2009
Q.62. Comment on the Doctrine of Promissory Estoppel with the help of suitable examples.
Q.63. A raised a loan by pledging a Railway Receipt of goods in transit as security with a money lender
X. A got the Railway Receipt back from X in order to get the goods released form the Railways.
Instead, A pledged the same Railways Receipt with another lender Y, to raise another loan. In a suit
for recovery filed by X, Y pleads estoppel against X for not endorsing the Receipt “Under Lien Pledge”
and thus, representing that the said receipt is free from lien, which facilitated A to raise a second loan
against the receipt. Decide if estoppel is rightly invoked by Y against X?
Q.64. What do you mean by a document? Distinguish between public and private documents with
suitable examples.
Q.65. Who is an accomplice? Can a Court base the conviction of an accused solely on the basis of the
testimony of an accomplice?
Q.66. A is charged with murder of C. There is some evidence to show that A and B murdered C. Is B’s
statement “A and I murdered C” admissible against A?
Q.67. A kills his aunt and himself lodges an F.I.R narrating the facts at the police station. He was
prosecuted for murder on the basis of the F.I.R. No other evidence was given. A subsequently did not
plead guilty? Comment.
63
PJS – 2007
Q.68. Define burden of proof?
Q.69. ‘A’ agreed to sell his house to ‘B’ for a certain amount. Pursuant to said agreement, a sale deed
was executed by ‘A’ in favour of ‘B’. ‘A’ filed a suit for declaration with allegations that sale deed was a
forged and fabricated and a void document. ‘B’ filed written statement denying and disputing the
allegations. Trial Court framed issue as under:
“Whether the alleged sale deed is a valid and genuine document?”
The onus was placed upon the defendant. Discuss whether onus was rightly placed with reference to
provision of law and case law?
Q.70. When and how a party can impeach the credit of his
(i) Own witness, and
(iii) Witness produced by opposite party?
Q.71. Define estoppel?
Q.72. On the basis of statement made by the prosecutrix, FIR dated 06.05.2004, under section 376 of
IPC, was registered against the accused. During the course of trial, when the prosecutrix was being
examined as a witness, the defence counsel wanted to put and show to her a blue video recording
picture in which she was shown to have been involved is sexual intercourse with two boys, with object
to demolish her character being immoral.
Whether he could be legally permitted to do so?
Q.73. Under what provisions of the Indian Evidence Act, are the following facts relevant or not
relevant?
(i) The cries for help heard by the people residing around the place where the girl was raped.
(ii) In a case of theft of jewellery in the bedroom against the servant the fact that only the
domestic servant had keys of the bedroom and knew that the jewellery was in the house that
night.
64
HJS – 2007
Q.74. What do you mean by the term ‘Circumstantial Evidence’? Do you’ agree with the view that
“when there is no direct evidence of any crime, conviction can be based on the circumstantial evidence
alone, provided the court weighs all circumstances relating to a particular crime as in integrated
whole and that any missing link could be fatal to the prosecution case”? Please highlight some of the
prominent observations made by the Supreme Court of India on the subject of circumstantial evidence
in some of the leading pronouncements.
Q.75. Ranjit Kumar was charged with the murder of the deceased Amritpal. There was no eye witness
to the gruesome murder committed by Rankit Kumar. However, there were a few points that came for
consideration before the Trial Court. These were:-
(i) A few days before the killing of Amritpal, Ranjit Kumar had allegedly threatened him;
(ii) A cartridge was found near the cot of the deceased Amripal;
(iii) A pistol was recovered from his house; and
(iv) The fire-arm expert gave his opinion that the cartridge found near the cot of the dead
body was fired from pistol produced by the accused. Do you think the above circumstances
are adequate enough to convict the accused Rajit Kumar? If yes, why; if not, why not. Please
support your answer with suitable examples from the decided case law.
Q.76. Write brief notes on any four, of the following:
(a) Statements, under Section 164 of Cr.P.C, their admissibility and value.
(b) Approvers and accomplices
(c) The manner in which statements under Section 161 of Cr.P.C can be used at a criminal trial
by the prosecution, the defence and the court.
(d) Leading questions
(e) Confessions
Q.77. “A dying declaration is a statement made by a person who is dead; as to cause of his death or as
to any circumstances of the transaction which resulted in his death, in cases in which his death comes
into questions, such statements are relevant Section 32 of the Indian Evidence Act, 1872, whether the
person who made these was or was not, at the time when they were made, under expectation of death
and whatever may be the nature of proceeding in which the cause of his death comes into question.”
Elucidate.
Q.78. Ranjit, Suraj and Naseem were classmates and were staying in the Bangalore University Hostel.
One day they had not argument on a trivial matter. Both Ranjit and Suraj attacked Naseem with iron
rods that were lying outside their hostel room as the construction work was going on the campus.
Naseem fell down and was profusely bleeding when some fellow students took him to the nearby
Anand Nursing Home in an unconscious state. He was immediately taken to the operation theater and
was operated upon. On being informed, the local police reached the nursing home. Before Naseem
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succumbed to his injuries, his statement was recorded. However, when the case was committed for
trial, the dying declaration of Naseem was the major evidence against Ranjit and Suraj. Their counsel,
however, pleaded for their acquittal on the ground that the aforesaid dying declaration was supposed
to have been taken by investigating officer. When Naseem was still under the general anesthesia and
that there was no certificate of medical fitness also. Please decide.
PJS – 2006
Q.79. The question is whether A sold pure milk to B. A wants to offer in evidence the fact that the sold
pure milk to C, D, E and some other customers on the same day. Discuss the relevancy of the aforesaid
fact sought to be proved by A.
Q.80. A Hindu woman was married to S in October, 1986. S died in June, 1990. She then married
another man K in July, 1990 and gave birth to a son in September, 1990. Can it be lawfully claimed
that the son is the legitimate son of K?
Q.81. M’s daughter R was married to P. During August, 1993, when R was residing with her parents at
Bombay, P wrote two letters to R from Calcutta which contained defamatory imputations about M. M
filed a complaint charging P with the offence of defamation. P raised the plea that the two letters
complained about were inadmissible in evidence as they were expressly prohibited by law from
disclosure. Decided the case.
Q.82. A, being charged with embezzlement, retains B, an attorney to defend him. In the course of
proceedings, B observes that an entry was not in the book at the commencement of his employment.
Can ‘A’ take the objection that such information is barred from disclosure? Decide.
Q.83. X goes to the police station and narrates the fact circumstances in which he killed his girl friend
and her brother. The police registered a case under Section 302 I.P.C. against X and arrested him. The
FIR has four distinct parts (a) Particulars relating to his identity, address, etc; (b) Particulars relating
to motive and preparations; (c) Particulars relating to the actual killing; (d) Particulars relating to
after-killing conduct such as hiding the dead, concealing the knife and his blood stained clothes.
X is on trial and the FIR is the only evidence against him. Decide in the light of the relevant
case law. (r/w Cr.P.C)
Q.84. S was an officer, employed in the Customs House, and R, an agent for the importers at the same
place. Both of them were charged with conspiracy to dodge the Customs Department, by passing
goods without paying full duty. R made certain entries in two books. One of the books was used for
66
carrying out the fraud and entries were necessary for the purpose. But the other was for his private
record, or convenience. Can the prosecution be allowed to tender both these books in evidence for the
offence of conspiracy to pass the goods without paying full duty? Decide with relevant case law.
Q.85. X was admitted to the hospital of Dr. A. After diagnosis, X was advised to undergo a surgery. Dr.
A performed the surgery. A few hours after surgery, X died. The police requested the Court of
Coroner to conduct a judicial inquiry in the case. The Coroner, after preliminary proceedings,
informed Dr. A that if he paid Rs. 50,000/-, the case can be hushed up. Dr. A lodged the complaint with
the Director, Anti-Corruption Bureau (ACB). As instructed by the Director, ACB, a recording
equipment was attached to the telephone at residence of Dr. A and all the conversations between the
Corner and Dr. A were recorded. The Coroner asked Dr. A, however, did not go to a particular place
with the money and pay the amount to a particular person. Dr. A, however, did not go there and pay
the money. The police, after an investigation, filed a case under Sections 161, 385 and 420 read with
section 511 of the Indian Penal Code against the Coroner.
Examine whether the recorded communication is a relevant fact under Section 7 and
admissible under Section 8 of Indian Evidence Act.
Q.86. There was a criminal conspiracy to smuggle gold into India from the Middle East. Gold was
brought in steam launch and transhipped into India in boats standing out at sea, which would then
shore it to be taken away in cars by persons waiting for it. While the last consignment was still with
the smugglers a raid took place, and many of them including X and Y were arrested. Thereafter, the
Customs Authorities served notice and recorded their statements in answer to these notices almost
simultaneously. The statements of the accused persons corroborated with each other at numerous
points. Answer the following question:-
(i) Section 30 of the Indian Evidence Act, 1872 applicable to the statement made in answer to
the notice?
(ii) What is the effect of the death of Y on the joint trial before pronouncement of judgment?
(iii) What is the impact of a confession made by a co-accused on Section 30 and 133 of the
Evidence Act?
Q.87. What are the essential conditions for a valid Dying Declaration? Give some illustrations of Dying
Declarations which are not admissible in evidence.
Q.88. Explain, with illustrations, the conditions in which a confession is not admissible under Section
24 of the Indian Evidence Act.
Q.89. State the essential conditions for the admissibility of evidence of character in civil cases.
Q.90. What are the presumptions as to documents contained in Section 79 to 90 of Evidence Act?
Bring out the difference between expressions the ‘court shall presume’ and the ‘court may presume’.
67
HJS – 2006
Q.91. Explain the difference between primary and secondary evidence.
Q.92. Two ‘wills’ in identical language were prepared by the process of typing in which the second
copy was obtained by carbon impression. Both were executed and attested. The testator inserted a
remark “true copy” on one of them. Can both the wills be treat to be original and as primary evidence?
Q.93. A sale-deed is duly registered and an entry made by the Registrar in the register book. Can the
registered sale-deed and the aforesaid as public documents?
Q.94. What conditions must be satisfied by a person before he can raise the plea of ‘Estoppel’?
Q.95. Explain as to how the credit of a witness be impeached by the adverse party?
Q.96. Can improper admission or rejection of evidence be basis for a new trial or reversal of any
decision in any case?
Q.97. Explain- “What is in writing shall only be proved by the writing”.
Q.98. Are “Professional communications” protected from disclosure?
Q.99. Distinguish between the following:
(i) ‘Admission’ and ‘confession’.
(ii) ‘Patent ambiguity’ and ‘Latent ambiguity’.
(iii) ‘Facts in issue’ and ‘Relevant facts’.
Q.100. What presumption is drawn by the courts as to: –
(i) Power-of-attorney.
(ii) Electronic messages.
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Q.101. “Oral evidence as to content of a document is not relevant”. Comment.
Q.102. What norms of ‘burden of proof’ in a criminal case are applicable when the accused defends
himself on the ground of any general or special exceptions in the India Penal Code?
Q.103. Can a Judge compel any witness to answer any question or Produce any document or dispense
with primary evidence of any document?
Q.104. An accused, while in police custody, gives information to the Investigating Officer that he
purchased the murder weapon from a particular dealer, and then takes the Investigating Officer and
the Panches to the place of the dealer and points him out. Whether the information given by the
accused, and the evidence of the Investigating Officer and the Panches are admissible?
Q.105. “The rules of evidence are in general the same in civil and criminal proceedings”. Give the
exceptions, if any.
Q.106. Can a witness be excused from answering a question on ground that answer will incriminate?
Q.107. Discuss the evidentiary value of:
(i) ‘Dying Declaration’.
(ii) Retracted Extra-judicial confession.
(iii) Testimony of an ‘Accomplice’.
(iv) Opinion of a ‘Handwriting Expert’.
Q.108. Is it necessary to call an attesting witness in proof of the executing of a document required by
law to be attested?
Q.109. “Witness not excused from answering on ground that answer will incriminate”. Do you agree?
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PJS – 2003
Q.110. What do you understand by ‘Substantive and Adjective Law’? In which category will you place
the Evidence Act?
Q.111. Explain and illustrate ‘Fact in issue’ and ‘Relevant Fact’.
Q.112. There is a presumption of death if a person is not heard of for seven years by those who are
supposed to have heard about him but is there any presumption of time of his death? Discuss the
issue with reference to case law.
Q.113. In a prosecution for rape, is it possible to convict the accused solely on the statement of the
prosecutrix? Discuss in detail the essential factors which must be kept in mind by the court while
evaluating the evidence on the victim. Support your reasons with case law.
Q.114. In what circumstances can secondary evidence be produced in court?
HJS – 2003
Q.115. Admissions cannot be proved by the persons making them. What are the exceptions to this
general rule?
Q.116. A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he
refused to sell them below their market price. Is this evidence admissible? Give reasons for your
answer.
Q.117. Section 133 of the Indian Evidence Act says that ‘An accomplice shall be a competent witness
against an accused person and a conviction is not illegal merely because it proceeds upon the
uncorroborated testimony of the accomplice’ whereas Section 114 Illustration (b) says: ‘The court
may presume that an accomplice is unworthy of credit, unless he is corroborated in material
particulars.’
How would you reconcile the above two statements? Refer to decided cased.
Q.118. Hearsay evidence is not admissible. Has this rule any exceptions?
Q.119. What is the relevance and credibility of an evidence of an accomplice? Whether its
corroboration is necessary?
Q.120. “It is settled law that it is not safe to convict an accused person on the evidence furnished by a
dying declaration without further corroboration.”
Critically examine the above statement. Whether statement made by signs is equally
admissible?
Q.121. In a criminal trial the burden of proof is always on the prosecution. Has this rule any
exceptions?
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PJS – 2001
Q.122. One Ms. Meghna, a widow of Rajan, was living with her father-in-law Ramesh Chander in a
town. One day Megha was returning home from the market after taking some vegetables, when Raju
and Babloo caught hold of her and dragged her in a vacant flat and raped her. She came home. When
her husband’s cousin brother Rana was passing her house, he heard her crying inside and on his
questioning her, she told him that Raju and Babloo have raped her, and asked him to tell her father-in-
law in his office.
Is the statement Ms. Meghna to Rana relevant and admissible? Answer with reference to
relevant provisions of Indian Evidence Act, 1872, as also case law, if any.
Q.123. The case of plaintiff is that he executed a promissory note on 1 st Janury, 1970 in favour of Ram
Narayan Dass for Rs. Lacs which was due from the plaintiff. On the same date it was agreed between
them that the plaintiff would be the sole agent in three districts to sell certain Articles for 5 years at a
certain rate of commission. The plaintiff alleged that the defendant circumvented this agreement and
sold goods directly or through others and demanded rendition of account and the defendant sued the
plaintiff for the amount of the promissory note and the plaintiff would pay if any amount remains due
after adjustment of the commission at the end of the period of agency i.e. 5 years. It was contended by
the defendant that the oral evidence as to the terms of the written document is not admissible in
evidence.
Comment on the plea of the defence and answer the question with reference to the relevant
provisions of Indian Evidence Act, 1872 and the case law if any.
Q.124. A and B were arrested by the Police of Gurdaspur on a charge of theft of jewellery in a house
from the person of a lady. One day police remand of A & B was taken by the police from the Court to
effectuate the recovery of stolen jewelley articles. During police remand, A made a confession to
police that, “I and B entered in the house by breaking a wall in the night and found a lady sleeping
wearing plenty of jewels. I put a piece of cloth on her mouth and B removed her jewels and then we
came out of the house. We districted the stolen jewellery between us. I hid the jewellery of my share
in cupboard in my house which I can get recovered”.
Which part of the statement of A is relevant and admissible and why the rest of the statement
is inadmissible? Answer with reference to the provisions of Indian Evidence Act, 1872, and the case
law, if any.
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Q.125. On categorical assurance by the Chief Secretary of U.P. Govt. to exempt from Sales Tax for three
years, M.P. Sugar Mills raised loan and set up a hydrogenation plant to manufacture Vanaspati. Later
on Govt. announced that instead of total exemption, it would give partial concession in the Sales Tax @
3-1/2%, 3% and 2-1/2% in the first, second and third year respectively. After the said Mill started
production in July, 1970 the government again changed its policy and refused any concession.
Thereupon the said Mill filed a Writ Petition in the Allahabad High Court that the U.P. Govt. shall be
estopped from denying the Sales Tax Concession to the petitioner.
Decide whether the U.P. Govt. can be estopped from refusing the concession Sales Tax to M.P. Sugar
Mills in this case. Answer the question with reference to the relevant provisions of Indian Evidence
Act, 1872 and the case law, if any.
Q.126. Under what provisions of the Evidence Act are the following facts relevant or not relevant:
(a) In a murder trial the prime accused pleads that date of the incident he was detained in the
maximum security prison under Court orders.
(b) In a case of theft of jewellery from the bed-room against the servant the fact that only the domestic
servant had keys to the bed-room and knew that the jewellery was in the house that night.
(c) In a conspiracy trial a letter recovered from the possession of one of the party members describing
the golden days when every member worked in unison and desiring the same kind of resolve once
again is sought to be adduced as evidence.
(d) In a conspiracy trial a letter recovered from the possession of one of the party members describing
the golden days when every member worked in unison and desiring the same kind of resolve once
again is sought to be adduced as evidence.
Q.127. After his arrest X had made a confessional statement to the I.O. about the motive of the crime
and the elaborate details of its execution. X’s statement read as follows: “I suspected his true
intentions and before he could unfold his plan I killed him. I left his body on the highway and left the
dagger used in the crime somewhere nearby”. The police team is led to the highway and takes the
body under its charge, but the dagger is handed over to the police by the alert and active neighbours.
Is the confessional statement admissible? What part of the above statement can be made use of by
resort to Section 27?
Q.128. Before the alleged death the bride had written few letters apprehending fear of ill-treatment at
the hands of her in-laws, but she hoped she will able to win them over with her determination.
Can dying declaration alone be the basis of conviction? What are the cautions to be exercised before
relying upon a dying declaration?
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HJS – 2001
Q.129. What do you understand by ‘Substantive’ and ‘Adjective’ Law? In which category will you
place the law of evidence? Explain.
Q.130. Explain and illustrate ‘Fact in issue’ and ‘Relevant fact’.
Q.131. State whether a confession before a police officer/Magistrate is admissible? If so, explain its
rationality.
Q.132. X, lodged an Fir before a police officer in nature of confession stating that he murdered his wife
Y, as she was a woman of bad character. Is the above statement admissible? If so, to what extent and
under what circumstances? Discuss.
Q.133. Writ short note on the following:
(i) Examination-in-Chief
(ii) Cross-examination
(iii) Re-examination
Q.134. State and illustrate the rule of estoppel as enacted in Indian Evidence Act.
Q.135. Evidence must be confined to the matter in issue. Explain and state briefly the exceptions to
this rule.
Q.136. The rules of evidence are in general, the same in civil and criminal proceedings. Mention any
three exceptions to this statement.
Q.137. What are admissions? Who can make them and when they can be used by or on behalf of
persons making them?
Q.138. A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces
B to buy and pay for it. The land afterwards becomes the property of A and A seeks to set aside the
sale on the ground that at the time of sale, he had no title. Can A be allowed to prove his want of title?
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Q.139. A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of
C, B’s father. On whom lies the burden of proof- A or B?
Q.140. What are the general provisions regulating the burden of Proof? Illustrate your answer by
examples.
Q.141. A, a client says to B, an attorney- “I wish to obtain possession of property by the use of forged
deed on which I request you to sue”? Is this communication protected from disclosure?
Q.142. Can a wife be compelled to give evidence against her husband in a civil or criminal case?
Answer with reasons.
Q.143. What constitutes incompetency to give evidence? Can a lunatic or dumb person be a
competent witness?
PJS – 2000
Q.144. A, an analyst, in his examination-in-chief, stated in definite terms that the contraband was
charas. However, in his cross-examination, he could not answer whether the contraband contained
cow-dung also. Will the probative value of his evidence be destroyed because he could not answer
whether the contraband contained cow-dung also? Answer with reference to Sections of Indian
Evidence Act, as also case law, if any.
Q.145. Three prosecution witnesses saw a little girl crying in the company of a man on the day of the
incident. Both the accused and the victim were strangers to the PWs heard about the murder of a little
girl, they recollected seeing the man alongwith the little girl the previous day. PWs later identified the
accused in Test Identification Parade. It was contended by the defence that there was inherent
incredibility in the evidence of the PWs as normally accused would have taken precaution, not to be
seen by any other person on the way. Comment on this plea of the defence and answer the question
with reference to Section(s) if the Indian Evidence Act, 1872 and case law if any.
74
Q.146. According to the prosecution, there was an enmity between N and his nephew S on account of
a dispute in respect of agricultural and the agricultural produce therefrom. On the date of occurrence,
S fired a pistol shot at N. N raised the alarm on account of which, PWs 1 and 2 reached the spot and at
that point of time, N fell down and S made good his escape. PWs 1 and 2 brought N to police station
whereupon statement of N was recorded and treating the same as an FIR, the police started
investigations and sent up S for trial. During the trial, PWs 1 and 2 stated as to what they had heard
from the injured at relevant time and according to PW-2 the injured had told him that S had fired upon
him. The trial court convicted S under Sections 307 and the High Court dismissed his appeal. Before
the Supreme Court, the appellant-accused contended that the evidence of PW-2 was not admissible
under Section 6 of the Evidence Act, inasmuch as what the injured told the witness and the factum of
alleged shooting by accused at the injured could not be said to have formed part of the same
transaction as according to him, by the time he reached the scene of occurrence several people had
gathered there. Answer with reference to Sections of the Indian Evidence Act and case-law, if any.
Q.147. The occurrence took place on 5.10.1984 at about 2.30 p.m. The defence examined, examined
DW-2, who testified that she and PW-3 (an alleged eye-witness) were at Salem at the time of
occurrence for execution of some documents in connection with a lorry transaction. She proved sale
receipt bearing the signatures of PW-3. Though PW-3 admitted having sold the lorry mentioned in the
sale receipt to DW-2, he denied having gone to Salem. The High Court rejected the evidence of DW-2
mainly because of the fact that PW-3 was recorded as present at the inquest which was shown to have
been held at 5.00 p.m. Was the High Court justified in rejecting the evidence of DW-2? Answer with
reference to provisions of Indian Evidence Act and case-law if any.
Q.148. X, an accused in a case of robbery and murder, voluntarily makes a confession before a judicial
magistrate, who, however, gave him no warning of the consequences of making such confessional
statement. The magistrate made no notes but listed to the accused’s version with rapt attention and
later dictated a confessional statement to his typist from the notebook of his mind. Then the accused,
X, and the magistrate put their signatures to the typed statement.
In case the case is before you in the capacity of a Session Court would you accept it as a valid
confession/statement and convict the accused on this evidence alone? (r/w Cr.P.C)
Q.149. Discuss the relevancy of the following facts under the provisions of the Indian Evidence Act,
1872.
(a) In his trial for murder of B by stabbing after a long chase, A advanced evidence that a week
before the alleged murder of B, A had undergone a heart surgery in a Government Hospital.
(b) The fact testified to by D that soon before the alleged murder by A, C had peeped through
the widow and exclaimed “Look A is aiming his gun towards B”.
(c) The A’s trial under Section 420, Indian Penal Code, for cheating by falsely representing to B
that he was the manager of a Bank and would employ her as a cashier if she deposited with him Rs.
10,000/-, evidence is sought ought to be given that A had made similar representations to C and D and
obtained Rs. 10,000/- from each of them.
75
Q.150. X goes to the Police Station and narrates the facts and circumstances in which he killed his
girlfriend and her brother. The police registered a case under Section 302 of Indian Penal Code
against X and arrested him. The FIR has four distinct parts: (a) particulars relating to his identity,
address etc; (b) particulars relating to motive and preparations; (c) particulars relating to the actual
killing; and (d) particulars relating to after killing conduct such as hiding the dead bodies, concealing
the knife and his blood stained clothes.
On the basis of this information, the police recovered the dead bodies, knife and blood stained clothes.
X is on trial and the FIR is the only evidence against him. Decide in the light of the relevant
case.
Q.151. A, B, C and D belonged to the same religious faith and as such had formed a group with the
objective of vindicating their honour.
A, the leader, wrote a letter to B, C and D appreciating their resolve to launch a common
struggle against injustice and ill-treatment of their “Kaum”. The common struggle plan involved
terrorizing the population by engineering a series into action and arrested many suspects, including A,
B, C and D. The prosecution is particularly interested in adducing the following two facts with the help
of Section 10 of the Evidence Act:
(i) Two taped cassettes in which the specific roles assigned to each member of the common
struggle is elaborated.
(ii) A personal diary of A in which the story of the group awakening is recorded with a view to
be published as a novel. Discuss. (r/w S. 120B IPC)
HJS – 2000
Q.152. Explain and illustrate the following:
(a) ‘Silence may sometime amount to an admission’.
(b) ‘No confession made to a police officer is admissible’.
(c) ‘Oral evidence must in all cases be direct’.
(d) Facts though not in issue, are so connected with a fact in issue as to form part of the same
transaction are relevant, whether they occurred at the same time and place or at different times and
place.
(e) ‘What is in writing shall only be proved by the writing’?
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Q.153. Discuss fully the evidentiary value of retracted confession. Illustrate you answer.
Q.154. When are the opinions of experts relevant? What is their evidentiary value? Discuss.
Q.155. What is ‘dying declaration’?
Q.156. How is the disputed handwriting of a person proved? Examine admissibility of the evidence of
a handwriting expert.
Q.157. Explain ‘Secondary evidence’? Under what circumstances it is admissible?
Q.158. Explain the scope of examination-in-chief, cross-examination and re-examination under the
Indian Evidence Act. State briefly their objects.
Q.159. What is confession? Distinguish between Judicial and extra-Judicial Confession.
Q.160. Distinguish between Latent and Patent ambiguities. Give example of such ambiguities.
Q.161. Hearsay evidence is no evidence. Explain and state the exceptions.
Q.162. What is estoppel? State different kinds of estoppel.
Q.163. A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces
B to buy and pay for it. The land afterwards becomes the property of A and A seeks to set aside the
sale on the ground that, at the time of the sale, he had no title. Decide.
Q.164. “Hearsay evidence is not admissible”. Explain. What are the exceptions to this general rule?
Q.165. Can a dumb person be a competent witness?
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Q.166. When is a confession said to be caused by inducement, threat or promise? Why is it not
admissible?
Q.167. Whether the FIR given to the incharge of a cognizable offence can be an admissible against
himself?
Q.168. What do you understand by Burden of proof? On whom does it lie and how does it shift?
Q.169. A has not been heard of for more than seven years. On whom burden of proof lies that A is
alive?
PJS – 1999
Q.170. Appellant filed a suit for declaration of her right and title in respect of a house property and for
permanent injunction, restraining respondent-defendant No. 1, from interfering with her possession
and enjoyment thereof. Property initially, was allotted on hire-purchase basis by Housing Society to V,
defendant, a member of one of the three families, which comprised the joint family. But pursuant to a
partition between the three families, suit property fell to the share of the family represented by S and
his younger brother, the respondent. Thereafter, appellant paid rent to S, who in turn, paid the hire-
purchase installments to the Housing Society. On inquiry by the appellant’s husband whether S was
willing to transfer the property in his name, S replied in the negative. The respondent already
obtained eviction decree against appellant, which became final and binding and only question of title
remained open. Appellant claimed that she discharged the amount due to the Housing Society, on
behalf of V, pursuant to agreement with him and thereby she became owner of the property. It was
held that the plea was not acceptable. Partition Deed, by virtue of which, the property fell to the share
of S and respondent, was genuine and not sham or vitiated by any fraud or misrepresentation, or
based on any ulterior motive or extraneous consideration and the same having not been challenged by
any party to the decree was not open to challenge by a third party i.e. the appellant. Question whether
V was a benamidar of the property was only a collusive one between appellant and V, to defraud S and
respondent. Conduct of appellant and payment of amounts due to S and husband’s inquiry from S
about his willingness to transfer the property to him amounted to attornment of S as owner. Frame
issues and give judgment on the suit of the appellant.
Is the appellant estopped under Section 116 of the Evidence Act from denying the title of S and
his brother, the respondent?
Q.171. A gupti was recovered pursuant to the statement made by the accused (appellant No. 2) from a
dilapidated building concealed below a heap of earth, which on examination was found to be stained
with human blood of Group ‘B’. On behalf of the appellant, it was urged that because the house was in
a dilapidated condition and could be approached by anyone, it could be said that the gupti was found
from an open place, accessible to all. Is the plea of the appellant admissible under the law? Decide
with reference to section(s) of the Indian Evidence Act and case law, if any.
78
Q.172. The deceased was the young wife of the accused. The prosecution case was that the accused
was not well disposed towards his wife as she was always speaking against his drinking habits. It was
not disputed by the accused that he killed his wife by inflicting blows on her head. The accused took
the plea of unsoundness of mind but he did not succeed in making out that he had such a mental state
when he committed the act and further, that he did not know the nature of the act committed by him,
by reason of such mental impairment. However, the accused adopted another alternative defence,
which was suggested during cross-examination of Prosecution Witness i.e. his wife and R, were
together in bed in the early hours of the date of occurrence. The defence counsel put a definite
suggestion to R, during cross-examination that the incident was preceded by a liaison between the
wife of the accused and R. The evidence of the Prosecution Witnesses positively suggested that the
accused had seen something lascivious between his wife and R, just when he entered the house from
the field. The accused was convicted by the trial Court u/s 302 IPC, but acquitted by the High Court.
Was the High Curt justified in acquitting the accused? Decide with reference to section(s) of the
Indian Evidence Act, and case law, if any.
Q.173. In a case of gunshot firing, by entering into the open terrace of the house of the victim at night,
causing injuries to the victim and death of his wife, the close neighbours of the victim rushed to the
spot within a few minutes and saw the injured victim had mentioned the names of the appellants as
assailants. Does the statement of the injured person, made to the neighbours soon after the incident,
become substantive evidence as res gestae? Will it have utility in the trial as it would fall within the
ambit of Section 157 of the Indian Evidence Act? Answer with reference to provisions of the Indian
Evidence Act and case law, if any.
Q.174. A, a witness in case, correctly identified the accused at Test Identification Parade (TIP) in
course of the investigation of the case. But during the court trial, he did not identify him. The Trial
Judge had, however, observed that the witness was frightened to accord recognition to the accused at
trial. The Magistrate who conducted the TIP deposed that the witness had correctly identified the
accused in the TIP. Is the evidence of the witness relevant and admissible in the trial? Can a
conviction be based on it? Answer with reference to the provisions of the Indian Evidence Act and
case law, if any.
79
Q.175. Discuss the provisions of Indian Evidence Act under which following facts are relevant:-
(i) The fact that B was seen coming out of the house of A distressed and sobbing soon after her
alleged rape by A.
(ii) Mr. A was charged with murder of B in Calcutta. A shows his railway ticket and hotel bills
in his name of a Mumbai Hotel one day earlier than the day of incident.
(iii) In a trial of rape of Kamla, the fact that on the night of rape, the police had received a
distress telephonic call from a woman in which just before abrupt disconnection, she could only say
“save me or I will be a ravished”
(iv) Shortly before Ram was pick-pockted in the park, he showed a bundle of notes to his
friend in the park.
Q.176. A is accused of murdering his aunt B along with C and D. The murders were committed at
three different places of the village with a Kirpan. After committing the murder A went to the police
station himself and lodged an FIR and signed the same. In the FIR A said that he murdered his aunt B,
over some property dispute. Next day police recovered dead bodies of B, C and D along with Kirpon.
With the help of the accused A, who said he has kept the Kripan with which he killed B, C and D in a
nearby Nallah. There is no eye witness or any other evidence to prosecute Mr. A. Medical report
confirmed that wounds on bodies of B, C and D were with some sharp-edged weapon.
Can the statement of A be treated to be confession relevant and admissible to prosecute Mr. A
keeping in mind that A was in police custody at the time he made such statement?
Q.177. Sunita who was married to “Y” in October, 1992 was divorced in February, 1993 because some
problem arose in the family. Sunita married again with K in April, 1993, a businessman in Ludhiana
Sunita gave birth to a female child in July, 1993 (3 months after the she married with K). Mr. K denies
to be the father of the newly born baby alleging that Sunita has begotten her while she was the wife of
“Y” in 1992. Decide whether Mr. K will succeed in his plea and getting newly born baby declared as
illegitimate. Mr. K also requests that his blood may be tested along with the blood of the newly born
child to prove that she (newly born) is illegitimate. Advise Mr. K about the extent of success of his
case.
80
HJS – 1999
Q.178. “All admissible evidence is relevant, but all relevant evidence is not necessarily admissible”.
Comment.
Q.179. Point out whether in the following cases the facts sought to be proved are relevant.
(i) A is charged with shooting at B with intent to kill him. In order to prove A’s intent the
prosecution wants to prove the fact that A has earlier shot one C.
(ii) A is tried for rioting and is to have marched at the head of the mob; the prosecution wants
to prove that the mob was shouting.
Q.180. On a dark night, a murder was committed in Delhi. Nobody is named as the murderer. The
Sub-inspector of police went to the locality to investigate. While he was investing, one Abhay came to
him and said that he committed murder. After that Abhay was arrested and become accused in the
case and was tried of the offence of murder. After that was arrested and became accused in the case
and was tried of the offence of murder. Discuss the validity of the aforesaid confession statement of
Abhay.
Q.181. When a witness cross-examined, what other questions can be asked in addition to the question
relating to the incident?
Q.182. How would prosecutes a man for picking her pocket. Can this question that she had given
birth to an illegitimate child ten years before be asked?
Q.183. A woman prosecutes a man for picking her pocket. Can this question that she had given birth
to an illegitimate child ten years before be asked?
Q.184. Distinguish between rebuttable and irrebutable presumptions? Illustrate.
Q.185. Sita informed Ram in the year 1988 that she had committed theft of the ornaments of her
neighbour. Thereafter, Sita and Ram were married in 1989. In the year 1992 prosecution was started
against Sita in respect of the theft of ornaments. Ram is called to give evidence in this case. Can Ram
disclose the communication made to him by Sita?
81
Q.186. A and B are jointly for the murder of C. It is proved that A said, B and I murdered C. Can the
court consider the effect of this confession against B?
Q.187. What is the rule of Res gestae? How has the Indian Evidence Act recognized this rule?
Q.188. A after learning that C had been murdered, went to the spot and found that the body of C was
being taken to the house of C by four persons who told him that B had murdered C and had run away.
Does the statement of four persons form part of Res gestae?
(i) Fact in issue and relevant-fact.
(ii) May presume, shall presume and conclusive proof.
(iii) Disproved and nor proved.
(iv) Direct and circumstantial evidence.
(v) Relevancy and Admissibility.
Q.190. What do you mean by an “Admission”?
Q.191. Distinguish between ‘Admission’ and ‘Confession’.
Q.192. A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he
refused to sell them below their market price. Is this evidence admissible? Give reasons for your
answer.
Q.193. Discuss the law relating to dying declarations. Distinguish between English and Indian laws on
this point.
Q.194. Can there be conviction of the accused person on the sole testimony of a dying declaration?
Refer to cases.
82
PJS – 1998
Q.195. On the night of occurrence, all the inmates of deceased’s house were sleeping in the courtyard
of the house. At about 11 p.m., the deceased’s mother-in-law woke up sensing that somebody had
intruded into their privacy and asked others whether anyone was there. Suddenly the deceased cried
out that A, who was known to her, was standing there with a gun. This was followed by the gunshot
and pellets had delved into her body.
Is the statement of the deceased that A was standing with the gun, admissible in evidence?
Q.196. Material on record indicated that the Investigation Officer had sent repeated letters to the
taluka Executive Magistrate for holding the Test Identification Prade. But the Magistrate could not
hold the parade earlier due to his preoccupation. The contention that the eye witnesses had seen the
accused before they were put for TIP is not substantiated. TIP is not held for two months.
Is the evidence of the TIP admissible?
Q.197. A sitting MLA was murdered in the presence of some responsible persons at the flag hoisting,
on the Independence Day. Most of them, however, turned hostile in course of trial of the accused.
Can the Court scrutinise the evidence and come to the conclusion, whether the evidence
brought or record, even of the hostile witnesses, would be sufficient to bring home the guilt of
accused?
Q.198. A, father of B, stated that C gave him the number of the vehicle in which B, his son, was
kidnapped. D also gave the names of the kidnappers. C, however, did not state in his evidence, that he
had seen the kidnappers kidnapping the boy, nor gave the number of the vehicle in which B was
kidnapped.
What is the nature of evidence of A? Is it admissible? To what extent, the testimony of C would be
admissible?
83
Q.199. Under what provisions of the Evidence Act are the following facts relevant.
(a) The cries for help heard by the people residing around the place where the girl was raped.
(b) A tape recorded conversation between the police officer and a party involved in a crime,
concerning hushing up of the case.
(c) The fact that A was absconding soon after the alleged crime.
(d) A was in possession of many other stolen cycles at the time of the raid in his house for the
theft.
Q.200. A, Band C had entered into a conspiracy and committed criminal breach of trust in respect of
the properties entrusted to them in their first term of the two years. A, who managed to get an
extension for a second term of two years, made certain alternations in the records with a view to
screening the first term transactions of criminal breach of trust.
Is the evidence of alterations made by A during the second term relevant for showing the
involvement of B and C in the conspiracy? What would your answer be if these alterations were made
by A in the course of the first term, but before A, B and C had entertained the idea of the conspiracy?
Q.201. A, B and C are alleged to have committed the murder of A’s political opponent. C, who did the
killing, was arrested on the spot and detained separately from A and B. In the course of the trial C
turns and approver and gives detailed oral evidence regarding the planning, preparation and
execution of the crime. B has also made a confession more or less on the lines of C’s testimony.
What are the legal rules relating to the evidentiary value of approver evidence? Is there
sufficient corroboration for the approver evidence in the present case?
84
HJS – 1998
Q.202. What do you understand by the doctrine of ‘feeding the grant by estoppel’? What is the impact
of the doctrine on purchaser’s rights vendor’s imperfect title? Refer to statutory provisions?
Q.203. Discuss the object of examination-in-chief, cross-examination and re-examination.
Q.204. What conditions must be satisfied by a person before he can raise the plea of estoppel?
Q.205. Define ‘admission’ and enumerate the persons whose admission constitute evidence against
another person. Distinguish between admission and confession?
Q.206. What do you mean by a dying declaration? Discuss the evidentiary value of a ‘dying
declaration’. Refer to decided cases.
(i) Leading question
(ii) Evidence of accomplice
(iii) Circumstantial evidence
(iv) Privilege Communication
Q.208. Under what circumstances can evidence given in a former judicial proceeding be used to prove
in a subsequent proceeding the truth of facts stated therein? Discuss.
Q.209. At an inquiry before a committing Magistrate, an approver was examined-in-chief. The

accused were not asked to Cross-examine him. The approver died before trial. Is this evidence before
the committing Magistrate admissible at the trial? Give reasons for your answer.
Q.210. Distinguish between an Admission and a Confession.
85
Q.211. At the trial of A for the murder of her husband, B by administering arsenic to him, evidence is
offered to show that:
(a) A is in habit of Poisoning People.
(b) A had in similar circumstances administered arsenic of two of her children.
(c) B had shortly before his death stated that he had been Poisoned by his wife, but had
complained about it.
(d) A and B used to have frequent quarrels.
(e) B had, three days before his death, written a letter to a friend complaining of his failing
health.
Discuss fully whether the evidence offered is admissible in any of these cases.
Q.212. A witness for the plaintiff was asked in cross-examination whether he had demanded a sum of
Rs. 10,000/- for giving evidence on behalf of the defendant. The witness denies the allegation. Can
evidence be produced to contradict the denial of the witness? Give reasons.
Q.213. A witness is asked whether he was dismissed from the service of the Corporation of Ambala for
dishonesty. He denied. Evidence is offered to prove that he was dismissed for dishonesty. Is it
admissible? Give reasons.
Q.214. Can a party cross-examine his own witness; if so, under what circumstances?
Q.215. Indian Evidence Act, 1872, declares an accomplice to be a Competent witness and a conviction
is not illegal even if it is based on the uncorroborated testimony of an accomplice, while this Act also
allows a court to presume an accomplice to be unworthy of credit unless he is corroborated in
material particulars. Do you see any contradiction in this Act in this regard? Discuss and elaborate
your views with reference of decided cases on the subject.
Q.216. Differentiate between the evidence given by an accomplice and a co-accused and decide upon
the evidentiary value of each of them.
Q.217. A and B are being Jointly tried for the murder of C. A makes a confession in which he says that
he along with B went to the room in which C was sleeping, that A stood at the door as he felt nervous
and B went inside and shot C dead. How far can this confession be used against B?
86
HJS – 1996
Q.218. What facts are considered relevant under the Indian Evidence Act? Illustrate your answer.
Q.219. What is distinction between relevancy and admissibility of facts? Illustrate.
Q.220. “Oral evidence cannot be substituted for the written evidence of any contract, which the
parties have put into writing.” Discuss and illustrate.
Q.221. What is meant by “Patent ambiguity” and “Latent ambiguity”? How far oral evidence is
admissible to explain or amend each of such ambiguities in documents. Illustrate.
Q.222. Write explanatory notes on the following:-
(a) Burden of proof
(b) Estoppel
(c) Privileged communication
(d) Judicial notice
(e) Hearsay evidence
Q.223. In a criminal trial the burden of proof is always on the prosecution. Has this rule any
exception?
Q.224. Hearsay evidence is not admissible. Are there any exception to this rule? If so, what?
Q.225. How the credit of a witness can be impeached?
87
Q.226. According to section 114(b) of the Indian Evidence Act, the court may presume that an
accomplice is unworthy of credit unless he is corroborated in material particulars.
According to section 133 of the same Act, an accomplice shall be a competent witness against
an accused person, and a conviction is not illegal merely because it proceeds upon the uncorroborated
testimony of an accomplice.
Reconcile the above statements of law quote cases.
Q.227. Whether an admission can be used by the maker of the admission in his own favour? If so, in
what circumstances? Explain and illustrate.
Q.228. A lodged First Information Report alleging that in the morning, he has hacked his aunt to death
with an axe and the dead body was lying at his house. The dead body and blood stained axe were
recovered therefrom by the police. A is prosecuted for murder. There is no eye witness or any other
evidence against him. Prosecution seeks A’s conviction for murder on the basis of his version
contained in the First Information Report. Examining the validity of this contention and the
admissibility of the First Information Report as substantive piece of evidence, Decide.
Q.229. A was severely beaten. His dying declaration was recorded by a Magistrate, in which he
implicated X and Y. A survived due to medical treatment. X and Y are prosecuted for attempt to
commit murder of A. During the trial the aforesaid dying declaration was sought to be given in
evidence by the prosecution in support of its case. The defence opposes on the ground that the
declarant was not dead and the alleged dying declaration did not point towards any cause for assault
of the declarant therefore it was irrelevant. Decide.
Q.230. A is prosecuted for murder of B. C says that B immediately before death declared that A had
inflicted the wounds, of which he died.
One behalf of defence, evidence to show that on a previous occasion C said that the wound was
not given by A or in his presence. Discuss whether the proposed evidence is admissible.
88
PJS – 1995
Q.231. When are confessions relevant in evidence? State the provisions of the Indian Evidence Act as
to confessions.
Q.232. A sues B for defamation. B denies this. At the trial evidence is tendered that A’s wife admitted
before X that B had defamed A. Is such evidence admissible?
Q.233. When and how can a party impeach the credit of:
(a) its own witness, and
(b) a witness produced by the opposite party.
Q.234. Critically examine whether estoppel can be pleaded by both plaintiff and defendant. Illustrate
your answer.
Q.235. Discuss the evidentiary value of the:-
(i) Dying declaration and
(ii) Retracted confession of her accused.
Q.236. A court summons for evidence certain documents from the Government Department. The
Chief Secretary claims privilege on the ground that the record is confidential and secret and withholds
the documents from the court. Decide the question of privilege as is raised on these grounds.
Q.237. Can a party cross-examine its own witness? If so, on what grounds?
Q.238. “Rules relating to presumption form a very important part of law of evidence”. Discuss briefly
with reference to the provisions of Indian Evidence Act 1872.
Q.239. What presumptions if any are available as to dowry death, as to abatement of suicide by a
married woman and in a rape case?
Q.240. Discuss the evidentiary value of the following:-
(a) Accomplice evidence
(b) Expert opinion
Q.241. Explain fully the law relating to credibility and competence of witnesses.
The accused made statement to A that the bite mark on his cheek was caused by the deceased
when she was strangulated by him. Later in the course of trial for the murder of the deceased A
appears as a prosecution witness and repeats what the accused had told him.
89
Civil Procedure Code, 1908

PJS – 2018
Q.1. How can an injunction decree be enforced and what is the provision for dealing with violation of
an injunction decree? (10 marks)
Q.2. A suit was filed by a landlord for eviction against his tenant. The trial court passed an ex parte
decree against the tenant on his failure to appear before the Court on the date fixed for hearing. The
tenant then filed an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 for sitting
aside the said ex parte decree. The tenant also filed regular First Appeal challenging the propriety of
the said decree before the appellate court. The appeal was dismissed on contest prior to the disposal
of the application under Order IX Rule 13 of the Code of Civil Procedure, 1908. Subsequently, the trial
court allowed the application of the tenant and set aside the ex parte decree by holding that the
defendant-tenant was prevented by sufficient cause from appearing before the trial court on the date
fixed for hearing. Decide whether the trial court can be justified in setting aside the ex parte decree. 10
Q.3. ‘A’ files an original suit for easement of necessity and consequential injunction in respect of a
pathway. Later on, he filed an application for amendment of a plaint seeking a declaration that he is
the owner of the pathway along with a consequential relief of mandatory injunction to demolish a wall
constructed on the disputed pathway. Decide whether an amendment of such nature can be allowed.
Justify your decision by citing and explaining the legal provisions and judicial precedents. (10 Marks)
Q.4. After deciding to return the plaint on the ground that it has no jurisdiction to entertain the plaint,
can the same court pass an interim order to be in force until the plaintiff is able to approach the
appropriate forum, by invoking its inherent power? Justify your answer by citing and explaining
appropriate statutory provisions and judicial decisions. (10 Marks)
Q.5. There are two suits pending between the same parties in relation to the same subject matter.
One of the parties pleads that the trial of the earlier suit be stayed till the suit filed later is finally
disposed of. The opposite party pleads the two suits should be tried jointly and decided by common
judgment. Decide. Justify your answer by citing and explaining the legal provisions judicial
precedents. (10 Marks)
Q.6. Explain the exceptions to the rule if a new party is added after the institution of a civil suit, it shall
be deemed as regards him, that the suit was instituted when he was made a party. (10 Marks)
Q.7. Explain the jurisdiction of a civil court under Section 9 of the Code of Civil Procedure, 1980. Can a
suit be entertained by a civil court even though such suit is expressly barred by statute? (10 Marks)
Q.8. Briefly explain and critically evaluate the powers of the court to award compensation under
the Specific Relief Act, 1963? Illustrate your answer with suitable examples and judicial decisions.
(10 Marks)
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PJS – 2015
Q.9. Explain the difference between ‘set off; and ‘counter claim’. Can a ‘set off’ be claimed by the
defendant in a suit for possession filed by the plaintiff without claiming any other relief?
Q.10. (a) Baldev Singh files a suit for recovery of 5 lac of rupees against Charan Singh. Can Charan
Singh claim a ‘set off’ against Baldev Singh and Ram Singh jointly in his written statement?
(b) Can Charan Singh file a counter claim against Baldev Singh & Ram Singh jointly in the
above said suit of Baldev Singh?
Q.11. What steps can be taken to prevent the delay in civil litigation by a judge within the frame-work
of the Code of Civil Procedure (CPC)? Discuss how the successive amendments of Order VIII. Rule I of
CPC have enabled the courts to prevent delays in civil litigation.
HJS – 2015
Q.12. What is a preliminary decree and in what cases a decree is passed? Enumerate the types of
suites in which the Code of Civil Procedure for passing of a preliminary decree.
Q.13. Can two preliminary decrees be passed in a suite? Explain with illustration.
Q.14. Can two final decrees be passed in one civil suit? Elucidate.
Q.15. What is the basic principal in deciding amendment application filed by plaintiff? At which stage
an application can be allowed by the court?
Q.16. Does the court has power to strike out the pleadings off the parties to a suit? If yes, then what
are the grounds on which such power can be exercised by the court?
Q.17. What is meant by alternate and inconsistent pleadings? Can the parties to a suit incorporate
both of these pleadings at the same time?
Q.18. ‘A’ files a suit for recovery of one lac rupees against ‘B’ Can ‘B’ claims a set off against ‘A’ and ‘C’
jointly in his written statement?
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PJS – 2013
Q.19. Enumerate the grounds on which an appeal can be filed in the High Court against a decree
passed in appeal by a District Court. Whether such an appeal can be preferred against appellate
decree passed ex-parte? Also state the kind of case(s) where appeal does not lie to the High Court.
Q.20. A is constructing a house in a residential colony. For that purpose, all raw materials like cement,
sand, bricks etc. has been kept by him adjacent to the main road of the colony. This pile of raw
material creates lot of problems for the residents of the colony especially in the morning when a
number of them take out their cars for going to office. B and C, irritated by this, approach the court by
filing a suit for injunction against A. The court refuses to entertain the suit. State what remedies are
available with B and C under the circumstances.
Q.21. X institutes a suit against Y in the court of Civil Judge (Junior Division) in the district of Amritsar
in Punjab. The same suit could also be instituted in U.T. Chandigarh and also in Shimla District of
Himachal Pradesh. Y wants to institute an application for transfer of the said suit to Shimla. Decide as
to the proper court in which Y may apply for transfer of the said suit.
Q.22. A is a govt. servant who resides in X city but is employed at Y town. A files a suit against
government for arrears of salary in the court at X after giving due notice to the respective authorities
under Section 80 CPC. Decide if such a suit can be filed at X city?
Q.23. With reference to the relevant case law state whether more than one preliminary decree can be
passed in a single suit. Also discuss if a preliminary decree can be modified or amended when no
appeal has been preferred against such decree. If yes under what circumstances?
Q.24. The term “carries on business” for the purpose of Section 20 CPC means that the person must be
physically conducting business at a certain place. Comment on the above statement in the light of
judicial policy adopted in this respect.
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HJS – 2013
Q.25. The decision of the foreign courts in the scheme of CPC are treated with respect but not as
sacrosanct. Elaborate on the statement, supporting it with case law.
Q.26. The constitutional spirit of Public Interest Litigation is also present in the scheme of CPC, though
in a restricted sense. Respond to the statement by referring to the relevant provisions and case law.
Q.27. ‘A’ files a suit against ‘B’ or breach of contract by ‘B’. The suit is dismissed for default of
appearance. Decide if the decision of the court dismissing the suit qualifies as a Decree? Give reasons
for your answer.
Q.28. ‘A’ files a suit against ‘B’ for evicting ‘B’ from piece of land ‘B’ puts up the contention that no
notice was given to ‘B’ for eviction and that the land being ‘X’ land, he cannot be evicted. The court
dismissed the suit on the basis of the fact that notice was not given to evict. The court also concludes
that the subject land is not ‘X’ land. Subsequent to this, ‘A’ gives a notice to ‘B’ asking him to evict the
land and on the failure of ‘B’ to comply, institutes a suit against him. In the suit, ‘B’ seeks to contend
that the land being ‘X’ land, he cannot be evicted.
Decide of the second suit by ‘A’ is barred by Res Judicata, dealing therein the contentions to be raised
by ‘B’ in this suit that it is so barred?
Q.29. The rules in relation of a plaint are based as much on substantive grounds as on procedural
reasons. Elaborate.
Q.30. What are the conditions necessary for granting a claim of set-off?
Q.31. What is the difference between a necessary party and a Proper party?
PCS – 2012
Q.32. Draft a plaint giving details in a suit for the recovery of damages for Malicious Prosecution.
Q.33. Describe the four essentials of a suit and the inter relationship between them in the Code of Civil
Procedure, 1908?
Q.34. What is Foreign Judgment? Under what circumstances is it conclusive?
Q.35. The Code of Civil Procedure is a handmaid of justice. Discuss and illustrate with specific
reference to provisions relating to Civil Suits against Public Nuisance, Class Action or instituted in
Representative Capacity.
Q.36. What errors in a judgment, decree or order can be corrected by the court after signing and
pronouncing the same without there being an application made for review?
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HJS – 2011
Q.37. What is the difference between res sub-judice in section 10 and res judicata in Section 11 of the
Code of Civil Procedure, 1908?
Q.38. What causes of action can be joined without the leave off the court, to a suit for recovery of
immovable property?
Q.39. ‘A’ agrees to sell and deliver to ‘B’ 500 Kg. of sugar at the rate of Rs. 50 per kg on date X. On the
same day he agrees to sell and deliver to ‘C’ a like quantity of sugar at the same rate on the same date.
Can ‘B’ and ‘C’ join together as plaintiffs in one suit against ‘A’ and if not, then why not?
Q.40. What are the powers given by Section 94 to a civil court for preventing the ends of justice from
being defeated?
Q.41. What are the alternative methods of dispute resolution in the Civil Procedure Code, 1908?
Q.42. ‘A’ is a tradesman in Calcutta. ‘B’ carries on business in Delhi. ‘B’, buys goods of ‘A’ through his
agent in Calcutta and requests ‘A’ to deliver them to the Indian Railways. ‘A’ delivers the goods
accordingly in Calcutta. Where can ‘A’ sue ‘B’ for the price of the goods delivered by him to ‘B’?
Q.43. When can a civil court impose costs by way of compensation and costs for causing delay?
Q.44. How has the Code of Civil Procedure 1908 defined the following:-
(i) Summary procedure
(ii) Mesne profits
(iii) Judgment and order
(iv) Legal representative
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PJS – 2010
Q.45. What is the doctrine of restitution? Does a Court have inherent power to grant restitution?
Q.46. Discuss the provision relating to inter pleader suit. Can such a suit be filed in the following
case:-
‘A’ lets certain land to ‘B’, ‘C’ claims the rent alleging that the land was sold to him by ‘A’ after
the same was let out to ‘B’.
Q.47. ‘B’ residing in Kolkata has an agent at Calicut employed to sell his goods there. ‘A’ sues ‘B’ in
Calicut claiming a balance due upon an account in respect of dealing between him and ‘B’. During the
pendency of the suit in Calicut Court competent to grant relief ‘B’ institute a suit against ‘A’ in Kolkata
for an account and damages caused by ‘A’s alleged negligence. Can the Kolkata Court proceed with
trial of ‘B’s suit?
(i) Alternate Disputes Redressal Mechanism
(ii) Additional evidence at Appellate stage
HJS – 2010
Q.49. Explain constructive res judicata with aid of suitable illustrations?
Q.50. In a previous suit ‘A’ claiming to be a tenant of certain land from a municipality obtained an ex
parte decree against the municipality only. ‘B’ who had obtained lease of the same land from the
municipality prior to the institution of such suit was not, however, made a party to that suit. ‘B’
brought a subsequent suit against ‘A’ and the municipality disputing A’s right to remain on the land
and interfere with the construction works. Will the decree passed in favour of ‘A’ operate as res
judicata against ‘B’ in the subsequent suit?
Q.51. What do you understand by set-off?
Explain equitable set-off and distinguish between legal and equitable set-off.
Q.52. What is the proper place of suing in the following cases?
(i) A suit by a guardian for the custody of his ward;
(ii) A suit for damages for infringement of a trade mark;
(iii) A suit against a corporation;
(iv) A suit for mesne profits;
(v) A suit for a tort
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Q.53. What is the procedure to be adopted in case of execution of decree against the Government or a
public officer?
Q.54. For how much period a person can be detained in the civil prison in execution of a money decree
and when he is to be released from such detention? Can he be released from such detention before
the expiration of the said period?
Q.55. Can a Member of either House of Parliament or a Member of Legislative Assembly or a Member
of any Parliamentary Committee be arrested and detained under the civil process. If no, under which
contingencies?
Q.56. On what ground can the sale of immovable property in execution of a decree be set aside? At
whose instance such sale can be set aside.
HJS – 2009
Q.57. State the circumstances when a plaint can be rejected?
Q.58. In a civil suit, issues were framed and evidence was being recorded. However, on a certain date,
defendant’s counsel pointed out that prima facie the suit was barred by limitation. The Court rejected
the plaint without going into the full text of the plaint, and without hearing the plaintiffs counsel.
Whether the said rejection order is legally correct? Give reasons for your answer.
Q.59. What do you understand by “indigent person”?
Q.60. How is an application for permission to sue as an indigent person filed?
Q.61. Does a fresh suit lie in respect of the same cause of action in the following cases:-
(i) Where plaintiff has failed to sue for the entire claim in the previous suit.
(ii) Where a suit is dismissed for non-appearance of plaintiff on a date when defendant is
present in the Court.
(iii) When a suit abates on account of death of defendant where legal representatives have not
been brought on record.
96
PJS – 2007
Q.62. Define Res-judicata and Sub-judice?
Q.63. ‘X’ filed suit for possession of certain land alleged to have fallen to his share on partition of joint
family property with ‘Y’. Defendant raised plea that family property has not been divided. The suit
was dismissed giving finding that partition has not been effected. Later ‘X’ sued ‘Y’ for partition of
joint family property. Plea of res-judicata was raised. Decide?
Q.64. ‘H’ husband filed suit against wife ‘W’ restraining her from interfering with possession of house.
Plea of ownership to suit house substantially involved but not raised by ‘H’ husband. Suit was
dismissed in view of settlement which had already arrived before Village Panchayat where H had
relinquished his right in suit house in favour of ‘W’ wife and her children. Finding was not challenged
and attained finality. ‘H’ then sold house to ‘T’ who filed suit for declaration of title and possession
against ‘W’. Is suit by ‘T’ barred by principle of res judicata? Decide.
Q.65. ‘M’ brought a suit against ‘Y’ to recover possession of ‘Math’ property claiming himself to be heir
of deceased Mahant. Suit was dismissed as ‘M’ failed to prove his heirship. Later ‘M’ brought another
suit for possession against ‘Y’ claiming himself to be Manager of Math property on behalf of ‘Math’.
Plea of res-judicata raised. Decide.
Q.66. What is set off? Distinguish between set off and counter claim?
Q.67. Define ‘Judgment’, ‘Decree’ and ‘Order’?
Q.68. ‘A’ filed a suit against ‘B’. ‘B’ raised plea of limitation and suit being barred by principle of res-
judicata, Court framed an issue and decided against defendant. Is said decision a decree or order?
Discuss.
Q.69. ‘A’ filed a suit against her husband ‘B’ to recover property worth Rs. 10,000/- and filed another
suit to recover the same. Is suit maintainable? Decide.
Q.70. State provisions which govern the determination of place of suing?
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Q.71. Suit for specific performance of agreement to sell relating to immovable property situated at
Gurgaon filed at Delhi. Defendants had their head office at Delhi. Agreement was also executed at
Delhi High Court. Decide if court at Delhi has jurisdiction?
Q.72. Discuss principles governing grant of ad-interim injunction. Whether a temporary and
mandatory injunction can be granted in the form of mandatory injunction? (r/w SRA)
Q.73. Discuss provisions relating to suit by or against Government and requirement of issuance of
notice under Section 80 CPC. What are consequences of non-issuance of notice?
Q.74. What is provision relating to settlement of dispute in connection with execution, satisfaction
and discharge of a decree Executing Court? Is separate suit for settlement of such dispute
maintainable?
Q.75. ‘A’ sues ‘B’ for recovery of Rs. 5000/- with interest. Suit is decreed, however, judgment is silent
about interest claimed. The decree is drawn accordingly. ‘A’ files application under
Sections 151 and 152 CPC for correction of decree for adding interest. Decide.
Q.76. What is interpleader suit? Who can file it and when?
Q.77. Describe mode of execution of decree for restitution of conjugal rights and delivery of
possession of immovable property.
HJS – 2007
Q.78. S, an owner of a premises, situated in Mohali, where rent Act does not apply, filed a suit for
ejectment for possession of his premises against A and B. S alleged that A, his tenant, had sublet the
premises to B illegally. In the protracted trial, all the defences of B, who claimed to be the owner
himself on the basis of an agreement to sell dated 23-06-90 allegedly having been executed by S in
favour of his deceased father M, were found to be false. The alleged’ agreement to sell has been
declared to be forged and fabricated document. The suit succeeds in favour of S and a decree for
ejectment is passed against A and B jointly and severally. B’s appeal, second appeal and even SLP
against the order are dismissed right up to the apex court.
In the light of the above, answer the following:
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(a) The trial of the suit had been transferred to Chandigarh from Mohali by High Court at B’s
behest. The execution proceedings have filed at Chandigarh and objections of B were
dismissed by the executing Court. Now should S continue proceedings at Chandigarh or
not? Also what should be the remedy of S for expeditious conclusion of the execution
proceedings without unwarranted obstruction or resistance of B?
(b) P, the mother of B, meanwhile files an independent suit against S, all of a sudden, claiming
in the plaint that her husband M had in fact entered into an agreement to sell with S on 23-
6-1990. The decree obtained by S against B should be declared null and void. She claimed
to be in possession of the premises in question along with her son B. Therefore, her
possession should not be disturbed by S with, the help of the aforesaid fraudulent decree
in which S failed to implead her. Discuss the maintainability of P’s case in the light of
Section 11 of CPC. Also advice S as to whether any extraordinary remedies are available to
him for getting P’s suit dismissed or stayed or finished without a protracted trial.
Q.79. A and B get married at Panchkulla. Thereafter, they got work permit and shifted to Atlanta in
the USA. A daughter C was born to them in Atlanta within one year of their stay there. Shortly
thereafter, A finds his wife to be having illicit relations with their countryman Z, who holds green card
in the USA. B gets pregnant through Z. When A finds out all this, she aborts the child. By now A has
ample evidence of B’s misdemeanour. Thereafter, A comes back to India with C who is three year old
now. A filed a suit for being appointed the guardian of C before the Guardian Judge, Panchkulla.
Meanwhile, having learnt that A has fled with her daughter to India, B filed a criminal case against A in
the USA and obtains arrest warrants against him. B also files a custody petition in the USA wherein the
court grants an ex-parte custody decree in her favour. B comes to Panchkula and applies for execution
of the ex-parte custody decree in the court of Civil Judge, Senior Division, Panchkulla. B also raises the
said decree in defence to guardian proceedings initiated by A.
In the light of this fact situation, answer the following:-
(a) Discuss the objections that A can take to the execution petition of B. In how many
ways can A challenge the said decree?
(b) Discuss the defense of B in guardian proceedings. Can the USA court decree entitled
her to defeat the guardian court proceedings in the light of her conduct?
Q.80. Under what circumstance can a Court attach the property or part thereof of the defendant under
the relevant provisions of CPC?
Q.81. Identify the tests to be applied for granting temporary injunction to preserve status quo under
the relevant provisions of CPC.
99
PJS – 2006
Q.82. A is tradesman in Calcutta and B carries on business in Delhi. B through his agent in Calcutta
buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers goods
accordingly in Calcutta. Subsequently B fails to pay the price of the goods. Where can A sue B for
recovery of the amount?
Q.83. A sues X, Y and Co., a semi-government organization for recovery of certain amount of money.
The company takes the objection that prior notice under section 80 of the CPC was not served upon it.
Do you think that the objection is sustainable?
Q.84. Shri Shyam Lal is Karta of a joint family and is carrying on his business under the name “Ran Lal
Shyam”. He brings a suit against a company in the business name. The defendant company raises the
objection that since the firm is an unregistered one, it is incompetent to sue. Thereupon, the plaintiff
seeks to amend the plaint to the effect that he was suing in the name of the family as the Karta or
manager. Should court permit the amendment? What are the considerations that normally weigh
with the court in permitting an amendment of pleading?
Q.85. The election of S was challenged before an Election Tribunal. He put an appearance, but
subsequently failed to appear on three consecutive dates. The tribunal proceeded ex-parte against
him. Thereafter, he put an appearance and filed an application for condition of previous non-
appearances. The same was dismissed as it did not show sufficient cause. Should he now permitted to
contest the case? Can he insist on retrial of the part of the case during which he was absent?
Q.86. A, a resident of Delhi owns a piece of land at Chandigarh. B has illegally and unauthorisedly
occupied a part of A’s land. B is also residing in Delhi and carries of business at Delhi. A wants ot file a
suit against B for the recovery of the possession of his land. Advise him if he can file the said suit in
Delhi.
Q.87. S, a seller from Delhi enters into a contract for sale of goods with the buyer B in Madras for
supply of goods at Bomaby. The invoice which S sends to B has a line written on top of it “Subject to
Delhi jurisdiction”. B files a suit against S for damages at Bombay. Discuss the maintainability of the
suit.
Q.88. In response to an advertisement, the appellant along with the third respondent, submitted a
tender for running the University canteen at Patiala. When tenders were opened, the offer of writ
appellant to pay a monthly rent of Rs. 33399/- was highest. The third respondent along with others
was invited for negotiations and he enhanced his offer to Rs. 45999. The writ appellant did not
participate in negotiations and also did not agree to enhance his tender offer. As the third respondent
was defaulter in respect of other University canteen earlier, the University authorities awarded the
contract to the writ appellant. It was said that the third respondent was not only in arrears of large
amount of rent to the tune of Rs. 1,49m364/- but also dragged the University in several litigations.
The third respondent’s writ was allowed by the single judge and an appeal was preferred by the writ
appellant. Decide. (R/w ICA, 1872)
100
Q.89. A, a partnership firm filed a suit against B to recover Rs. 50,000/-. The suit was dismissed on
the ground that it was not maintainable since the partnership firm was not registered as required by
the provisions of the Indian Partnership Act, 1932. Thereafter the firm was registered and the
subsequent suit was filed on the same cause of action. Is the suit barred by res judicata? Discuss.
(r/w IPA, 1932)
Q.90. H filed a divorce petition against W in a U.S. Court. W has been staying in India for the last five
years and has not visited the U.S. during this period. He did not serve notice to W at her Indian
address but instead a notice was published in a newspaper in the U.S. The U.S. Court granted decree of
divorce ex-parte to H. Discuss the maintainability of this decree in India.
HJS – 2006
Q.91. Explain if the rule of conclusiveness of foreign judgment is different in its operation from the
rule of res judicata.
Q.92. Can a court in India consider whether conclusions reached in a foreign judgment are supported
by the evidence or are otherwise correct?
Q.93. When and how a decree of any foreign court can be executed in India?
Q.94. Explain if and when:
(i) Interest prior to the date of the suit, (ii) interest pendente lite and
(iii) future interest can be totally declined or granted at 6% p.a. or the contractual rate by the
Court.
Q.95. Can the court award interest:
(i) on the aggregate amount which includes the principal sum and the amount of interest;
(ii) at a rate higher than what was contracted between the parties;
(iii) in a suit which is not simpliciter for money;
(iv) by way of damages;
(v) while executing a decree; (v) in an appeal.
Q.96. Explain the rules governing denials by the defendant in his written statement.
Q.97. What are the conditions that must exist for making an application or the execution of cross-
decree?
Q.98. What is the procedure for attaching agricultural produce in the execution of a decree?
Q.99. Discuss the principles and the restrictions regarding the grant of Temporary injunction,
Q.100. Can the court grant temporary injunction in exercise of its inherent powers in a case?
101
PJS – 2003
Q.101. Discuss briefly the amendments carried out in Code of Civil Procedure, 1908 by the CPC
(Amendment) Act, 1999 and CPC (Amendment) Act, 2002 to expedite the disposal of civil suits.
Q.102. What principles govern the application of the Rule of Res-judicata? Discuss with reference
case law?
Q.103. What material is required to be considered by the Court while framing issues?
Q.104. A, a manufacturer of Sugar Mill Plant, has entered into a contract for turnkey project of
erection of Sugar Mill with B. B has desired that A should furnish bank guarantee for the good
performance of the plant for a period of one year from the date of handing over complete plant.
Within one month of the commissioning of the plant, B wrote to A that the plant is not giving projected
results. B invokes the bank guarantee. A files a suit for permanent injunction for restraining the
bank from paying the amount of bank guarantee. Decide. (r/w S.37,38,39 SRA)
Q.105. Injunction-temporary and perpetual- explain the nature and principles of both with the
differences, if any, between the two. What are the considerations for the grant of ad-interim
injunction and whether such considerations are different from those for the grant of decree for
permanent injunction? (r/w S.37,38,39 SRA)
Q.106. Whether the Rent Controller has the jurisdiction to pass an order of ejectment even though the
tenant denies relationship of landlord and tenant and claims ownership? Whether the findings
recorded by the Rent Controller in such a case will operate as res-judicata in subsequent proceedings
before the Civil Court for recovery of rent or in a suit for possession? (r/w Rent Law)
102
HJS – 2003
Q.107. Define Counter Claim. Distinguish between counter claim and set-off.
Q.108. The plaintiff delivered one thousand bags of potatoes to the defendant, the cold storage
proprietor on certain conditions for preservation. The defendant did not fulfil all those conditions and
thereby committed breach of contract. The plaintiff filed a suit for damages. The defendant filed
counter claim.
Discuss the effect of the counter claim in the light of statutory provision and decided cases.
Q.109. What should a court do when plaintiff is and the defendant is absent? What remedies
are available to defendant in such case? When can an ex-parte decree be passed and when it be set
aside?
Q.110. What are the consequences of plaintiff’s failure to appear when the defendant is present?
What remedy is available to plaintiff?
Q.111. Explain in detail the different modes of execution of a decree under Civil Procedure Code.
Q.112. ‘A’ obtains a decree against ‘B’ for Rs. 10,000. Subsequently, ‘A’ agrees to accept Rs. 7,000 in
full satisfaction of the decree and ‘B’ pays Rs. 7,000 out of court, but neither the payment nor the
adjustment is certified by the court. ‘A’ applies for execution of the full amount of the decree
notwithstanding receipt by him or Rs. 7,000. ‘B’ objects to the execution on the ground that the decree
has been adjusted and the payment has been made. Discuss.
103
PJS – 2001
Q.113. The plaintiff instituted a suit for declaration of his title to a land and for recovery of possession
of a portion of the suit land on the basis of a sale deed in his favour. The defendants contested the suit
on the ground that they are in undisturbed possession if that land for the last 28 years and also filed
certain documents to this effect and produced three witnesses in support of their contention. Relying
on the documents and the evidence of the witnesses, the trial Court held that the defendants had been
in possession of that potion of the suit land continuously and adversely for the last 28 years as their
own and as such the plaintiff’s suit in respect of that portion of the suit land was barred by limitation.
The plaintiff preferred an appeal against the order of the trial Court. The appellate Court dismissed
the appeal and confirmed the order of the trial Court. The plaintiff filed a second appeal in the High
Court with the plea that the question of limitation recorded by the trial Court and the first appellate
Court is question of law to be determined by the High Court in the Second Appeal. The High Court
dismissed the second appeal. Was the High Court justified in dismissing the second appeal? Answer
with the help of relevant provisions of Civil Procedure Code and the case law.
Q.114. Arjun, the owner of an Estate died. On his death, his estate was mutated in the revenue
records in the name of his widow, Smt. Ran. Ravi claiming himself to be an adopt son of Arjun filed a
suit for possession in the Court alleging that Smt. Rani is not the widow of Arjun. The trial Court
partially decreed the suit in favour of Ravi but on appeal the First Appellate Court held that Ravi was
not validly adopted son of Arjun and set aside the decree of the trial Court. Ravi filed a second appeal
in the High Court. During the pendency of the second appeal, Smt. Rani died and her estate was
mutated in favour of Smt. Devi, the sister of Smt. Rani. Fully cognizant that smt. Devi had appeared on
the scene to claim the estate, Ravi chose to sleep over the matter and did not have the estate
represented by making a suitable application.
What application should have been moved by Ravi in the Court on the death of Smt. Rani and
under the above circumstances what will be the fate of the second appeal pending before the High
Court? Decide with reference to the relevant provisions of Civil Procedure Code and the case law.
Q.115. A contract was entered into between Jaspal Singh and Rajat Sharma that Jaspal Singh shall
supply readymade garments to Rajat Sharma at Delhi for a total price of Rs. 8 Lacs within two months
of the order. Jaspal Singh acknowledged the order from Rajat Sharma on 1.1.2000 and sent the
required readymade garments to Rajat Sharma which were received by him on 29.2.2000 but he did
not pay the price of the garments supplied to him which was to be paid within one month after receipt
of garments. The pecuniary jurisdiction of District Court in Delhi is upto Rs, 5 Lacs, hence to bring the
suit within jurisdiction of District Court of Delhi which was decreed in his favour. Subsequently Jaspal
Singh filed another suit against Rajat Sharma for the rcovry of Rs. 3 Lacs, the balance amount of the
contract. The suit is objected by Rajat Sharma on maintainability and requested the Court to dismiss
it.
Is the subsequent suit of Jaspal Singh maintainable? Decide with the help of relevant
provisions of Civil Procedure Code and the case law, if any.
104
Q.116. X, a lady had taken a loan of Rs. 4,50,000/- from A. She did not pay the loan amount within the
agreed period. A filed a suit for recovery of Rs. 4,50,000/- against X. The suit was decreed in his
favour. A filed an execution petition but in the execution the decree was not satisfied. A filed an
application under Section 55 of the Civil Procedure Code for the arrest and detention of X. X objected
this application on the ground of its maintainability against her.
Are the objection of X justified in the circumstances of the above case? Answer with the help
of relevant provisions of Civil Procedure Code and the case law, if any.
Q.117. A partnership firm consisting of two partners, mortgaged some properties of the firm to
mortgagee by a simple mortgage. Mortgagee bought a suit against the firm. During the pendency of
the suit one of the partners dies. No legal representative of the deceased partner is brought on record
by the mortgagee within the period of limitation. The Court decreed the suit in part against the alive
partner and dismissed the remaining suit against the deceased partner as abated. The mortgagee filed
an appeal against the decree before the High Court claiming that the entire suit be decreed in his
favour on the ground that the properties of the firm were not mortgaged to him by the partners
individually but this was a mortgage by the firm hence the partners of the firm are also liable
personally. The appeal was also dismissed by the High Court.
Were the trial Court and High Court justified in dismissing the suit in part and the appeal
respectively? Answer with reference to provisions of Transfer of Property Act and the case law, if any.
(CPC + TPA)
HJS – 2001
Q.118. 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.
Q.119. 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.
Q.120. Explain and illustrate the principle of restitution appealable?
Q.121. Who may apply for restitution? Against whom restitution can be granted?
Q.122. Discuss the principle of ‘Res-judicata’ in the following proceedings:
(i) Application for Amendment of Decree (ii) Application for Review
(iii) Order of Maintenance
Q.123. Distinguished between ‘Res-judicata’ and ‘Res-subjudice’.
Q.124. 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?
Q.125. The head office of a transport company was situated at Chandigarh and the branch offfice at
Lucknow, Jaipur and Patna. A dispute arises between X and the company in respect of a transaction
made through Lucknow office. X files a suit in respect of this dispute against the company in a Court at
Jaipur. How the court will decide?
105
PJS – 2000
Q.126. B entered into an agreement in 1964 for a period to two years, acquiring rights over the trees
standing on certain land. Initially, the Forest authorities refused him permission to cut and remove
the trees because B had not shown the necessary material proving his acquisition of rights. Later,
permission was granted for approximately two months (which expired on 13.6.1968) and B did cut
and remove some trees. He again applied for permission more than eight years later. Permission was
refused on the ground that the land owners had given the contract to someone else. B filed a Civil suit
which was decreed and the authorities were directed to grant the necessary permission and B was
declared the owner of the trees. The State filed an appeal before the High Court which was dismissed.
Was the High Court justified in dismissing the Appeal? Answer with reference to provisions of
Civil Procedure Code and case law, if any.
Q.127. The plaintiff-respondent No. 1 was a registered moneylender who used to advance loans via
his Current A/c at Central Bank of India. Respondent No. 2, natural father of the plaintiff respondent
No. 1 was authorised to operate this account and used to advance money on behalf of his son. When
the plaintiff’s money lending licence expired, he did not get it renewed. Mean-while the authority of
respondent no. 2 to operate the bank account continued. On 29.4.1964, respondent No. 2 on the
request of the appellant issued a cheque for Rs. 7,000/- on the Current A/c of the plaintiff. The
appellant-defendant No. 1 encashed the cheque and then despite repeated demands, did not pay back
the sum. Plaintiff then filed the suit against both the borrower-defendant No. 1 and the authority
holder, respondent No. 2 (defendant No. 2) who had issued the cheque. The trial Court dismissed the
suit against the borrower-defendant No. 1. But decreed it against defendant No. 2 primarily on the
grounds that -
(i) Defendant No. 1 had not directly approached plaintiff for the money, and
(ii) Defendant No. 2 could not be treated as the agent of the plaintiff.
In Appeal, the High Court modified the decree and decreed the suit against both the
defendants. Before the Supreme Court, the appellant (defendant) contended that the plaintiff-
respondent No. 1 had no right to appeal once the trial Court had decreed the suit against one of the
defendants. Frame issues and write your judgment.
Q.128. The plaintiff respondent had filed a suit for ejectment and recovery of arrears of rent in
connection with a house originally owned by P. The case of the plaintiff was that P sold the house to
him by sale deed Ex.P-10, dated 8.4.1958 for a consideration of Rs. 1500/-. P also allegedly executed a
rent note in favour of the plaintiff and occupied the house as tenant thereafter. On 5.2.1964 P died
and only then the plaintiff filed his Suit against relatives of P in possession of the disputed property.
The defendants contended that P had been defrauded by the plaintiff; that there was never a sale
deed; that P had only borrowed Rs. 1,500 from the plaintiff, a money lender and lawyer, for the
renovation of her house; that as security for the loan she had executed a mortgage deed in favour of
the plaintiff; that the house was actually worth Rs. 10,000. They contended further that the plaintiff
had taken advantage of P, an illiterate lady, guileless and trusting old woman and had obtained her
signature/thumb impression on the document he then claimed was a sale deed.
106
The suit was twice decreed and twice remanded by the appellate Court. The second time,
however, the appellate Court permitted the defendants to amend their written statement and to give
more particulars regarding the fraud, so as to bring the pleading within the requirement of Order 6
Rule 4 of the Civil Procedure Code. This order became final. After the amendment, the trial Court
dismissed the suit having found that Ex. P-10 claimed by the plaintiff to be a sale deed fad been
obtained by fraud and apart from that it was only a deed of mortgage. The trial Court also found that P
had repaid the full amount with interest. The first appeal was dismissed. The first appellate Court
also examined the case of fraud and nature of Ex.p-10 and concurred with the findings of the trial
Court.
The High Court, however, allowed the second appeal and decreed the suit holding that
defendants had failed to plead and prove the fraud alleged by them and also that in view of Section
91,92 of the Evidence Act, 1872 it was not open to the lower court to reply upon oral evidence
adduced by the defendants to prove that Ex.p-10 was a mortgage deed not a sale deed. Was the High
Court justified in allowing the second appeal and decreeing the suit? Answer with reference to the
provisions of the Civil Procedure Code and case law, if any.
HJS – 2000
Q.129. Discuss fully the conditions which are required to constitute a matter re-judicata and comment
upon the following statement “A verdict against a man suing in one capacity will not stop him when he
sues in another distinct capacity”.
Q.130. ‘A’ files a suit for declaration that he is entitled to certain lands as heir to ‘B’. The suit is
dismissed. Can he claim in the later suit title to the same properties on basis of adverse possession?
Q.131. A Munsif decided in a maintenance suit that the husband had abandoned his wife and
therefore, the latter was entitled to maintenance. Does the subsequent petition filed by the husband
for judicial separation under Section 10 of the Hindu Marriage Act, 1955 operate as res-judicata? Give
reasons for your answer.
Q.132. What is an ‘inter-pleader suit’? When and by whom can it be instituted?
Q.133. When can temporary injunction be granted by a Civil Court?
Q.134. In what circumstances can the property of defendant be attached before Judgment?
Q.135. What is the procedure prescribed for suit by or against a firm?
Q.136. What facts are essential in a notice under Section 80 of Civil Procedure Code? What be the
effect upon suit against the Central Government, the state Governments of their officers if the said
notice is not given?
Q.137. What is a representative suit? By whom and what circumstances can such a suit be filed?
Q.138. When can an auction sale of immovable property in execution of a decree be set aside? Who
can get it set aside?
Q.139. State the provisions which govern the determination of the place of suing.
107
PJS – 1999
Q.140. The plaintiff filed a suit for declaration of his title to the suit property and for recovery of
possession on the ground that the property was sold to him by the owner defendant No. 2, by
executing a sale deed, Ex. A-1, dated 5.6.1967, which was registered on 7.6.1967, for consideration
with the direction to redeem the usufructuary mortgage of the property earlier effected I 1966, in
favour of DW-3, that defendant No. 2 had also executed a sale deed in respect of the same property, in
favour of defendant No. 1, by dating it as 5.5.1967 (Ex. B-2), which was registered on 8.6.1967, and the
sale deed executed in his favour was anterior to Ex. B-2, and so defendant No. 1 had no title to the
property. The courts below found on the basis of oral and documentary evidence that Ex. B-2,
obtained by defendant No. 1 was genuine and valid and defendant No. 1 discharged the mortgage, Ex.
B-1, on 10.5.1967, took possession of the suit property and thereafter cultivated the same. The Courts
below were of the opinion that Ex. A-1 could not be accepted in view of the contradictions in the
evidence of PW-1 and PW-2 regarding the payment of consideration and none of the attestors to Ex. P-
1 were examined. Laying stress on the suit notice sent by the plaintiff to the plaintiff No.1 and other
circumstances, the court also found that there was collusion between the plaintiff and defendant No.2
and so Ex. A-1 purported to have been executed by the defendant No.2 in favour of the plaintiff, was
not valid in law. It was also held that Ex. B-2 having been executed on 5.5.1967 i.e. in earlier point of
time to the sale deed Ex. A-1 was held to be invalid in law. In second appeal, a Singal Judge of the High
Court, on re-appreciating the evidence, took the view that it was not probable that the document Ex.
B-2 would have been executed on 5.6.1967, in view of the delay in the registration of the document.
Holding that the judgment of the courts below were perverse, the Single Judge reversed the
concurrent judgments of the courts below, allowed the appeals filed by the plaintiff, and ordered that
there would be a decree of the declaration of the plaintiff’s title to the plaintiff’s title to the suit
property and for recovery of possession. The plaintiff was directed to deposit a sum of Rs. 600/- for
payment to defendant No.1. Was the High Court justified in reversing the concurrent judgments of the
courts below? Frame issues and write your judgment.
Q.141. The respondent was working as a Clerk with C, who had obtained a decree against the
appellants. In execution of the decree, the respondent purchased at Court sale, the property belonging
to the appellants, on behalf of C. Later, by a registered deed, the respondent relinquished all his rights
in the property in favour of C. Meanwhile, the appellants’ Judgment Debtors, paid the total decretal
amount to C. All the same, the respondent, without disclosing his execution of the release deed in
favour of C, filed a suit for partition of the property and obtained a preliminary decree. Thereafter, he
filed an application for a final decree. It was only at the hearing of this application that the appellants
came to know about the release deed and want of locus standi of the respondent. They, therefore,
challenged the application on the ground that non-disclosure of vital documents, by the respondent,
vitiated the proceedings, and as such, preliminary decree was obtained by playing fraud on the court
and was a nullity. The trial Court accepted the contention and dismissed the application for final
decree. The High Court, however, inter-alia taking the view that there is no legal duty cast upon the
plaintiff to come to Court with a true case and prove it by true evidence, set aside the order of the trial
Court. Was the High Court justified in setting aside the order of the Trial Court? Decide with
reference to the provisions of C.P.C., and case-law if any?
108
Q.142. A suit was filed by the appellant for recovery of certain amount due to it on the basis of invoice
price on supply of goods made by it to the respondent corporation. The respondent also filed a suit
for recovery of amount paid in excess of DGS & D contract rates. Both the suits were connected and
tried together as the nature of dispute in both the suits were the same. Issues framed were also
common. The trial Court found that the respondent was liable to pay only at DGs & D contract rates
and entitled to refund to the extent of excess payment made by it and the appellant was entitled to
recovery to the extent its claim was found to be substantiated, even on the basis of DGS & D contract
rates. Accordingly, both the suits were partly decreed. The appellant did not file any appeal against
the dismissal of the suit for the part of its claim, but appeal was filed against the decree granted in
favour of the Corporation, in the suit filed by it. At the time of hearing, the High Court dismissed the
appeal of the appellant, as barred by res judicata, as the finding recorded in the connected suit that the
appellant was entitled to charge and collect only the DGS & D contracted rates and not on the invoice
price, had become final. Was the High Court justified in dismissing the appellant? Decide with
reference to C.P.C. and case-law if any.
Q.143. The appellant-plaintiffs laid a suit for perpetual injunction to restrain respondents from
interfering with their possession of the property. The respondent filed WS pleading that they had
purchased another land, situated in a different area, and were in possession and enjoyment of the
same. They sought counter-claim of permanent injunction to restrain the appellants from interfering
with their possession and enjoyment of the said land. The appellants filed their replication, i.e.
additional Written Statement, contemplated under Order 8 Rule 6-E, C.P.C. disputing the averments
made by the respondents in their counter-claim. They also pleaded that the counter-claim is not
maintainable. An application under Order 8 Rule 6-C and Section 151 CPC was filed, praying to
exclude the counter-claim from the Written Statement. The application was dismissed. The High
Court also dismissed the Revision Petition, directing the trial Court to decide, as an issue, whether
property in dispute, was the same, which was the subject-matter of the counter-claim, and to dispose
of the suit after recording findings. On behalf of the appellant, it was contended that in the suit for
injunction, counter-claim was not maintainable and that the direction issued by the High Court, to
identify the land to which the counter-calm related and was referable to the property in dispute, was
also not consistent. Frame issue and write Judgment, quoting provisions of CPC, and case-law,
wherever necessary.
109
HJS – 1999
Q.144. Discuss the statement that an executing court cannot go behind the decree. What are the
questions that may be determined by the court executing the decree?
Q.145. What do you understand by the pecuniary jurisdiction of a court? Will a court be competent to
hear a suit exceeding its limits if the parties to the suit have given their consent?
Q.146. Discuss the powers of the court to grant temporary injunction.
Q.147. Explain constructive res-judicata.
Q.148. Who is an indigent person? What is the mode of instituting suits by such person?
Q.149. Can revision be filed against an order of a court disallowing an important question put to
witness?
Q.150. A files a suit against B for possession of House-X on the ground that the house belonged to
deceased C, who made a will of the house in his favour. A files to prove the will. Hence, his suit is
dismissed. Now, A files a fresh suit for getting the house against B on the new ground, not taken in the
previous suit, that he being the nearest heir of C is entitled to get house. Is this suit maintainable?
Q.151. ‘Unless a right of appeal is clearly given, by statue, it does not exist’. Comment. Can an
appellate court reverse a decree on the ground of misjoinder of parties?
Q.152. Does the Code of Civil Procedure make any provision for preventing courts of concurrent
jurisdiction from trying at the same time two parallel suits in respect of the same matter in issue? If
so, what? Discuss.
Q.153. A transport company has its head office at Chandigarh and branch offices at Chennai, Jaipur
and Mumbai. A dispute cropped up between Sam and the Company in respect of a transaction made
through Chennai office. Sam files a suit in respect of this dispute against the company in a court at
Jaipur. How the court will decide?
110
PJS – 1998
Q.154. A, mother of B, filed an application under Order 21 Rule 64 for setting aside sale of property in
execution of decree contending that to the extent of her right and title in the property, the execution
was not valid. Her application was dismissed and the order of the dismissal became final. After
mother’s death B filed an application u/s 47 of CPC, contending that the property could not be brought
to sale since it was sold for a grossly inadequate price and sale was excessive execution. The objection
regarding excessive execution was, however, not raised before proclamation was settled.
Can B object to the executability of the decree? Frame issues and give judgment.
Q.155. M had two sons – B & P. A suit for partition by metes and bounds to extent of their one-third
share in a house, alleged to be belonging to the joint family of M, B and P, was filed by the respondents
who were the descendants though P. It was held that M was the exclusive owner and it was not a joint
family property and that the respondents had no right to partition. M, during his life time, executed a
registered Will on 28.3.64 bequeathing the properties to the appellants who were descendants
through B. M died on 12.12.68. The appellants filed a suit on 14.11.77 for declaration of title and
possession. The suit was decreed and the decree was affirmed in appeal. But the High Court in second
appeal, reversed that finding on the ground that respondents remained in possession for more than 12
years and thereby they perfected their title by adverse possession.
Was the High Court justified in reversing the findings? Decide.
Q.156. The appellant was landlady of the premises in dispute and the respondent was in occupation of
the said premises as a tenant against whom a suit for eviction was filed by the appellant. The suit
ended in a compromise decree which provided which provided that the respondent would vacate the
premises and hand over its possession to the appellant or her attorney by a certain date. Since the
premises were not vacated by the respondent and possession was not handed over to the appellant in
terms of the compromise decree, she filed u/s 47 CPC, in which it was pleaded by him that possession
of the premises in question was handed over to the attorney who allowed the respondent to remain in
possession of the premises as licensee. The trial Court allowed the objection of the respondent and it
was found by the trial Court that the decree had become inexecutable. The findings of the trial Court
were upheld by the High Court in its revisional jurisdiction.
Was the High Court right in upholding that the decree had become inexecutable? Decide.
Q.157. The 1st respondent company filed a suit claiming that it was duly inducted by the 2 nd
respondent company as a tenant and therefore it had leasehold right in the suit premises. The
appellant filed a suit claiming that the 2nd respondent was the tenant and 1st respondent had no
interest or tenancy right in the premises as against the appellant. Both the suits were pending. In the
suit filed by the 1st respondent, the trial Court passed an order that the status quo be maintained and
also passed ad interim injunction restraining the appellant from disturbing the possession of the1st
111
respondent. During pendency of operation of that order, the appellant filed another suit, impleading
the second respondent as the sole defendant and obtained an ex parte decree and in execution thereof
took over possession. The 1st respondent filed an application under Order 21 Rule 90 r/w Section 151
CPC in the second suit of the appellant, stating that it was having lawful possession and could not be
unlawfully dispossessed in execution of the decree. Though it filed an application Order 39 Rule 1 & 3,
CPC but in substance it was one u/s 144 CPC for restitution of possession by virtue of the order of
status quo.
Frame the issues and give judgment.
Q.158. Can a finding that the parties are governed by custom on one hand or their personal law on the
other, be challenged in appeal? (r/w S.38&39 Punjab Courts Act,1918)
Q.159. Can a remand order confer jurisdiction on the subordinate court, when it originally has no
such power? (r/w Punjab Courts Act,1918)
HJS – 1998
Q.160. What is the procedure regarding the settlement of disputes in connection with execution,
discharge or satisfaction of a decree before the execution court? Can separate suit be filed for
settlement of such dispute?
Q.161. State the circumstances in which a person aggrieved by the judgment of the court may apply
for review of its judgment?
Q.162. Distinguish between Resjudicata and Res subjudice.
Q.163. When does a suit stand abated? What do you understand by complete and partial abatement?
Q.164. A Plaintiff who is entitled to sue for possession and damages files a suit for possession only.
The suit is decreed. Can he file a suit for recovery of damages? Give reasons for your answer.
112
HJS – 1996
Q.165. What is meant by ‘Res-Judicata’? What is the public policy behind this principle? Whether the
provisions contained in the Code of Civil Procedure are exhaustive? Whether the principle of Res-
Judicata applies to execution proceeding? When a judgment operates as Res-Judicata between co-
defendants? Answer the different aspects under separate sub-headings.
Q.166. Who is a minor under the Indian Law? State the procedure to be adopted for a suit by or
against a minor and persons of unsound mind. A compromise decree is passed in a suit involving the
interest of minor. Can the minor challenge such decree? If so, on what grounds?
Q.167. Discuss the validity of the following:-
(i) decree against a person of unsound mind, supposing him to be of sound mind.
(ii) decree passed against a minor in a suit in which he is not represented by a guardian ad
litem.
(iii) a person who was a minor at the date of the institution of the suit with a properly
appointed guardian ad litem attains majority during the pendency of the suit; but no steps are taken to
remove the guardian ad litem and decree is passed him as a minor.
Q.168. Mr. X claims a right of light and air through two windows of his house which open towards Mr.
Y’s land. Mr. Y does not recognize this claim and starts constructing the house in such a way that Mr. X
will naturally get less light and air through the windows of his house. Mr. X wants to file a suit against
Mr. Y for some permanent relief and also wants an immediate relief during the pendency of such suit.
Advice what permanent and immediate reliefs may be claimed by Mr. X and under what provisions of
the statutory laws. What shall have to be pleaded and argued by Mr. X to ensure the claim of an
immediate relief from the court? (r/w S.37,38 SRA)
Q.169. Distinguish between Appeal, Revision, Review and Reference. Can there be a second Review or
a second Revision?
113
PJS – 1995
Q.170. “Whereas an appeal is a matter of right, revision is available only under certain circumstances
and limitations”.
Discuss with special reference to the jurisdiction of the High Court in second appeal and
revision.
Q.171. What is constructive res judicata? Explain with special reference to Case Law.
Q.172. At what stage issue are framed in a civil suit? What is the material available for framing issues?
Q.173. (i) When can additional evidence be permitted to be produced in trial after the party has
closed its evidence?
(ii) When and under what circumstances additional evidence can be received in appeal?
Q.174. Whether a regular second appeal lies to the High Court of Punjab and Haryana on a ground
other than a substantial question of law? If yes, detail the reasons thereof with reference to the case
law.
Q.175. Only mention the different modes for execution of decree, prescribed under the Code of Civil
Procedure 1908?
Q.176. State what do you understand by ‘rateable distribution’.
Q.177. What are the specific facts required to be pleaded in a suit for performance? Draft a plaint.
(r/w SRA)
114
Indian Contract Act, 1872

PJS – 2018
Q.1. What is meant by ‘Misrepresentation’? Briefly explain the same with suitable illustration and
judicial decisions. Are there any distinctions between an ‘Opinion’ and ‘Misrepresentation’? Explain
the same with suitable illustrations and judicial decisions. (10 Marks)
Q.2. What is meant by rescission of contract? What are the powers of the courts in this regard?
Illustrate your answer with suitable examples and judicial decisions. (10 Marks)
Q.3. Ramesh gained immense experience as a final year student of law, interning with Gopal, a very
senior lawyer practicing in the High Court of Punjab and Haryana. On completion of his law degree,
Gopal offered Ramesh to join his law firm for a period of five years with effect from 1 st August 2015
with a condition that Ramesh would not set up his independent practice in competition with Gopal.
However, Ramesh being a very smart lawyer established good contacts with all the clients of Gopal
who appreciated the work of Ramesh. Gopal also increased the pay of Ramesh three times in the same
year for his good work. After three years, Ramesh left the law firm of Gopal’s law firm. Gopal files a
petition seeking to restrain Ramesh from setting up the office. How will you decide? Give reasons by
referring to relevant provisions of law and judicial decisions. (10 Marks)
PJS – 2015
Q.4. Explain the concept of past consideration with the help of examples and relevant provisions of
Indian Contract Act, 1872.
Q.5. X sold a plot of land to Y. X knew that land was being purchased for sheep farming. While
negotiations for the contract were going on X had made a statement to Y that the plot of land had a
carrying capacity of 5000 sheep. Both parties knew that the plot of land was never used for sheep
farming in the past. After buying the plot of land Y comes to experience that the plot is big enough to
keep only 3000 sheep so he sues X to set aside the contract. You are required to decide the case.
HJS – 2015
Q.6. “Every promise is an agreement. “Examine the validity of this statement in the light of the
relevant provisions of Indian Contract Act, 1872.
Q.7. Tarun who is the owner of a mountain bicycle writes a letter to Satish on March 15, 2015 offering
to sell him his bicycle for Rs. 50,000. The latter also mentions that the offer will be open till 20 th of
March, 2015. On 18th March, 2015 at 3:50 pm Satish posts a letter of acceptance to buy the bicycle
which reaches Tarun at 8:30 pm the same day. Before that at 1:10 pm. Critically examine whether a
binding contract has been entered between Satish and Tarun citing relevant provisions of Indian
Contract Act, 1872.
115
PJS – 2013
Q.8. A and B entered into a contract under which A was to sell certain shares to B to be delivered on or
before 30th December 2012. The shares were offered to B on the said day but he refused to take
delivery or pay for them. The difference between the market price and the contract price of the shares
as on 30.12.2012 was Rs. 1,50,000/-. Subsequently, between March 2013 to June 2013. A sold the
shares in the market and recovered around Rs. 70,000/-. A instituted a suit against B on 01.07.2013
for a compensation of Rs. 1,50,000/-. B contends that A is entitled to claim only Rs. 80,000/- i.e. the
actual loss suffered by A after adjusting the price realized by sale of shares.
Decide the amount of compensation due from B to A.
Q.9. “The rule regarding a person’s responsibility to mitigate his damages is not an absolute rule”
explaining the principle, respond to the above statement.
Q.10. A and B entered into an agreement for lease of a non-residential house on 01-01-2012 for a
period of 11 months. The agreement contained a clause which provided that the agreement could be
renewed after the period of tenancy with an increase of rent of Rs. 2000/. In addition to that A would
be required to pay good faith premium of Rs. 5000/- on account of B agreeing to renew the agreement.
Till 02.02.2013, A did not make the payment. B demands the payment from A with interest from
01.01.2012. Decide the case.
HJS – 2013
(Some questions of Indian Contract Act read with Indian Evidence Act)
➢ Refer Indian Evidence Act.
PCS – 2012
Q.11. A contract is a private relationship between the parties who make it, and no other person can
acquire rights or incur liabilities under it. Explain.
Q.12. On April 10, 1990 ‘A’ offered to ‘B’ to sell his car for sixty thousand rupees. ‘B’ was asked to
signify his acceptance by April 18, 1990 ‘A’ sold his car to ‘C’ for seventy thousand rupees. This he did
without revoking his offer to ‘B’. However, ‘B’ came to know of this fact through other sources on
April 14, 1990. Still he signified his acceptance of the offer on April 16, 1990. Has this resulted into a
binding agreement between ‘A’ and ‘B’?
Q.13. ‘A’ sues ‘B’ on a bill of exchange. ‘B’ alleges that ‘A’ ha wrongfully neglected to insure ‘B’s goods
and is liable to compensate him, which he claims to set-off. Answer with reasons.
Q.14. What is the distinction between a contract for work or service and a contract for sale? Give
reasons with the support of case law.
116
HJS – 2011
Q.15. Yamuna Developers Pvt. Ltd. (YDPL) contracted with Jaipur Tiles Ltd. (JTL) for supplying
various kinds of tiles to its Green Valley Project with actual cost of Rs. 50,00,000. JTL fulfilled its own
part but YDPL had paid only Rs. 20,00,000. After one year, JTL agreed to accept Rs. 20,00,000 in
satisfaction of its claim of Rs. 30,00,000. Later on JTL filed a suit for the enforcement of contractual
obligation. Decide the case on the basis of relevant legal provisions and case law.
Q.16. Contract for the sale of a horse is entered into the condition that the buyer should have it for
eight days for trial and be at liberty to return it an the expiration of that period if he did not find it
suitable. The horse dies without any fault on the part of either party, three days after it was delivered
to the buyer for trial. Whether contract can be enforced?
Q.17. Discuss the law relating to Privity of contract in English and Indian Law with its qualified
exceptions. Discuss relevant case laws.
Q.18. Write the short notes on following:-
(i) Unjust enrichment
(ii) Holding Out
Q.19. What are the rights of surely against creditors? Discuss with the relevant provisions of Indian
Contract Act.
PJS – 2010
Q.20. What is the effect of (a) mistake of fact and (b) a mistake of law on a contract? Illustrate your
answer.
‘A’ paid some money to the Government as required by a Statute imposing a tax. The Statute is
subsequently declared to be void by the Supreme Court of India. Is ‘A’ entitled to sue the Government
for the refund of money on the ground that he paid it under a mistaken belief that the Statute was
valid? Give reasons for your answer.
Q.21. Critically discuss the consequences of absence of consent and free consent in a contract.
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HJS – 2010
Q.22. An agreement is unlawful if the Court regards it as opposed to public policy. In the light of this
statement discuss (i) meaning of public policy and (ii) When an agreement is said to be against public
policy? Whether Courts have evolved any new head of public policy for giving relief to weaker section
of society in standard form contract?
Q.23. Mr. ‘A’ who lives in Ambala gives his motor-cycle to his friend ‘B’ for going to Kurukshetra. ‘B’
instead of going to Kurukshetra drives the motor-cycle for going to Chandigarh. He drives the motor-
cycle with reasonable care. While coming back from Chandigarh to Ambala he met with an accident
and motor-cycle is totally damaged. Can ‘A’ clam damages from ‘B’. Give reasons.
HJS – 2009
Q.24. “A quasi-contract has no affinity with contract but rests on the equitable principle that a person
shall not be allowed to enrich himself at the expense of another”. Explain by giving suitable
illustrations.
Q.25. A company agreed to supply one thousand blankets to X by a particular date. Rupees 10,000/-
were paid as an advance to the company by X. Before the due date of performance of the contract, the
company informed X that it would not supply blankets on due date and that he should treat the
contract as repudiated. X did not accept the repudiation, and kept on demanding the supply till the
last date/due date of performance of the contract. In the meantime, war between India and China
broke out, and all the stocks of the company were requisitioned by Government for military purposes.
X files a suit against the company for damages for breach of contract. Will he succeed? Decide by
referring to the provisions of the Indian Contract Act and decided cases.
PJS – 2007
Q.26 The liability of surety is co-extensive with that of principal debtor. Explain?
Q.27. ‘X’ who is owner of a property, enters into an agreement to sell property with ‘Y’ and upon
receipt of consideration. Executes an agreement to sell and power of attorney in favour of ‘Y’
authorizing him to sell, mortgage or part with property. There was no clause that it would not be
revoked. Subsequently ‘X’ revokes power of attorney executed in favour of ‘Y’. Could he do so?
Discuss.
Q.28. Agreement without consideration void. Is there any exception to it? Discuss.
Q.29. ‘A’ is a tenant under ‘B’ on agricultural land. ‘B’ was in arrears of land revenue payable to Govt.
The land put to sale by Govt. Consequent upon sale taking place lease in favour of ‘A’ was liable to be
annulled under Revenue Laws. In order to avoid land being put to sale, ‘A’ pays land revenue arrears
to Govt. Can ‘A’ recover the amount from ‘B’? Discuss.
Q.30. What are the essentials of a valid contract?
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Q.31. ‘A’ firm dealing with ready-made garments advertised about clearance sale of their stock. ‘Z’ a
customer visits shop, picks up a trouser from the lot with price tag of Rs. 500/-, takes it to Salesman
and asks him to pack it and prepare bill. Salesman discovers that trouser in question should have
been in lot of articles with price tag of Rs. 700/- and refuses to sell trouser telling that it was wrongly
put in lot of articles with price tag of Rs. 500/-. Can ‘Z’ customer compel ‘A’ firm to sell the trouser at
Rs. 500/-? Discuss. Whether a contract had been concluded?
Q.32. Section 27 of the Indian Contract Act declares any agreement restraining anyone from
exercising a lawful profession, trade or business of any kind void. Is there any exception to it?
Q.33. ‘A’ during his minority raises a loan of Rs. 50,000/- from ‘B’ and executes a promissory note in
favour of ‘B’. Upon attaining majority, ‘A’ writes another promissory note in favour of ‘B’ in place of
old promissory note. A fails to pay the debt. ‘B’ sues ‘A’ for recovery of amount on the basis of new
promissory note. Decide if ‘B’ can succeed?
HJS – 2007
Q.34. What is meant by ‘concluded contract’? Can the rule of ‘promissory estopple’ apply to a
concluded, contract?
Bank P launched a scheme to grant house upto Rs. 4 lacs. R applied for the loan in accordance
with the scheme but finally settled for the loan of Rs. 3 lacs. R completed all the formalities and
executed contract with the Bank. Later on R demand Rs. One lac more in accordance with the scheme
of the Bank. Bank declined R’s request. On refusal to pay the original loan, the Bank filed recovery
suit. R pleaded that he is not bound by the contract as the Bank had failed to fulfil its commitments as
per the scheme. Will R succeed?
Q.35. What is meant by ‘frustration of contract’? What are the pre-requisites for excusing parties from
performing thee contract on the ground of frustration?
X contracts to sell 7 acres of land to Y for Rs. 7 lacs. Y pays Rs. 2 lacs as advance money. Subsequently,
X refused to comply with the contract on the ground that out of these 7acres of land 2acres belonged
to his brother and the contract has become impossible to be fulfilled. Decide.
Q.36. “The relationship of principal and agent is a fiduciary relationship.” In the light of this
statement, explain the concept of agency pointing out the difference, if any, between an agent and a
trustee.
Life Insurance Corporation (LIC) launched a salary saving insurance scheme for employees
wherein the employer was to deduct the premium from the salary of the employees and deposit the
same to LIC at concessional rates. Employer X got the scheme for his 200 employees. Subsequently,
because of losses, X failed to give salary to his employees and also did not deposit the premium on
their behalf. LIC consequently refused to pay the assured amount to those employees who asked for it.
These employees claimed that X was the agent of LIC for their scheme. LIC must pay the assured
amount. Will the employees succeed?
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PJS – 2006
Q.37. A writes to B offering to sell him his house at a certain price. B, at the same time and on the
same day, writes a letter offering to buy the same house at the same price. The two letters cross each
other. Is there a contract between A and B?
Q.38. Owner of a valuable ring, which was stolen from her house, advertised that she would pay Rs.
150/- to any person giving her information which would lead to recovery of the ring, and the arrest of
the thief. The thief, in fact, was a lodger in A’s house and A gave the owner the required information.
A’s reason for giving the information was that he was afraid of being accused of receiving the stolen
property. A now claims the reward. Is he entitled to it?
Q.39. A is aged 17 years. He enters into an agreement with B for hiring out certain machinery for
running a factory belonging to B. After the agreement was signed, A backs out of the agreement and B
wants to enforce the same. Discuss with reasons whether B will succeed or not.
Q.40. P sold some articles from his shop to S on credit, not knowing that S was a minor. The time fixed
for payment expired and no payment was made. Sometime later when S attained majority, P sued him
for the price. What relief should the court give to P under the law?
Q.41. A man by the name of N called at a jeweller’s shop and chose a costly ring. He tendered payment
through cheque which he signed in the name of a person of credit. He took the ring and pledged it to
B, who had no notice of the fraud. Can the jeweller recover the ring from B?
Q.42. Two seamen deserted a ship and the remaining seamen agreed to take the ship to the port in
return for extra wages. The ship safely reaches the port. Are they entitled to extra wages?
Q.43. D was a member of a society of sugar-cane growers. The agreement between the society and the
members was that each member would deliver all the sugar-cane grown by him to the society which
would market the sugar-cane and divide the profits among the members. Is the agreement binding to
D?
Q.44. A was due to perform a contract on 1st May, 1970, but on 20th April repudiated his obligation.
On 26th April, the contract becomes illegal through a change in the law. B, the other party to the
contract, filed a suit for breach of contract on 30th April, 1970. Discuss.
120
HJS – 2006
Q.45. Mention the circumstances in which a contract by a minor is: (i) void, (ii) voidable or (iii) valid.
Q.46. A promissory note was signed by a minor in consideration of money received by him. On
attaining majority, he ratifies that promissory note. Can the creditor enforce it?
Q.47. Explain, with illustrations, the difference between illegal void contracts.
Q.48. When is consideration or object of an agreement said to be opposed to public policy? Mention
case law
PJS – 2003
Q.49. Enumerate the essentials of a valid contact. What is the distinction between void and voidable
agreements?
Q.50. In the auction of liquor shop by the State, the highest bid is offered by A but he fails to deposit
the prescribed minimum amount within the stipulated period and he bid is not accepted. In re-
auction, the amount fetched is less than what was offered by A. The State files a suit for damages
against A for breach of contract to recover the loss suffered by it. A contest the suit denying his
liability. Decide.
HJS – 2003
Q.51. How far is it true that an agreement without consideration is void?
Q.52. The plaintiff, a minor, mortgaged his house in favour of the defendant, a money-lender, to
secure a loan of Rs. 80,000. A sum of Rs. 20,000 was actually advanced to him. While considering the
proposed advance the legal adviser, who was acting for the money-lender, received information that
the plaintiff was still a minor. Subsequently, the minor commenced this action stating that he was
under age when he executed the mortgage and the same should, therefore be cancelled. Decide and
refer to decided cases. What would be your answer if the plaintiff was a major and mortgaged his
house in favour of the defendant, a minor, to secure loan and a part of the amount was actually paid in
advavce?
Q.53. Discuss the principles in which the court would award damages for breach of contract.
Q.54. ‘P’ carried on an extensive business as millers. His mill was stopped by a breakage of the
Crankshaft by which the mill was worked. ‘D’ was engaged to carry the shaft to the manufacturers. P’s
servant told ‘D’ that the mill was stopped and that the shaft must be sent immediately. But ‘D’ delayed
delivery resulting into heavy loss to P. The action was brought for the loss of profits which would
have been made during the period of delay. Decide and refer to relevant judicial pronouncements.
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PJS – 2001
Q.55. X, a builder, contracts with A to erect and finish a flat for him before 30th June, 1997, in order
that X may give possession of the flat by that time to B to whom A has contracted to let it. X is
informed of the contract between A and B at the time of entering into the agreement with A. X
promised to erect and finish the flat and hand over the possession to B by 30th June, 1997. X builds the
flat with a very low rate material as a result of which the flat falls down before the 30 th June, 1997 and
has to be rebuilt by A, who in consequence loses that rent which he was to have received form C and is
obliged to make compensation to B for the breach of his contract.
What remedy do you advise to A against X? Decide with the help of relevant provisions of law
and the case law, if any.
Q.56. A took a loan of Rs. 5 lacs from X and executed a promissory note to this effect in favour of X. B
the defendant for consideration promised A to pay and discharge the promissory note to X. A in terms
of loan did not return the loan amount to X. X demanded the money from A but A told X that the loan
amount shall be returned to him by B as he has promised. X filed a suit against B for the recovery of
Rs. 5 lacs, the amount of loan given to A. B contested the suit on the ground that he is not liable to pay
any amount to X as no promise to pay the loan of A has been made by him to X.
What issues can be framed by the Court on the basis of the above facts? Whether the suit of X
can be decreed against B. Decide with the help of relevant provisions of law and the case law, if any.
HJS – 2001
Q.57. ‘Restitution stops, where repayment begins’. Discuss the above statement in the light of decided
cases. (r/w SRA)
Q.58. X agree to sing at Y’s theatre for one week and also agrees not to sing at any other theatre during
that period. Later on X contract with Z to sing during that week at Z’s theatre. Can Y sue for an
injunction to restrain X? (r/w SRA)
Q.59. A agrees to give the use of his hall to B for holding a concert on a prescribed date. However, the
hall was destroyed by fire prior to prescribed date. B sued A for damages for breach of contract. Will
B succeed?
PJS – 2000
Q.60. S, the appellant entered into an agreement to purchase a two-storied building belonging to N,
the respondent. The agreement was executed by S and an individual (defendant No. 2) who had been
authorised in writing by N to enter into an agreement to sell the property at his discretion. S also
made payments by cheque of Rs. 1 lakh each to N and the other individual (defendant No. 2).
Thereafter, however, the agreement fell through and S demanded his money back. Defendant No. 2
paid Rs. 50,000/-, but n refused outright to return any money. S filed a suit for recovery against
defendant No. 2 for the balance amount and against N, defendant No. 1 for the entire Rs. 1 lakh
alongwith 14% interest. The suit was decreed as against defendant No. 2 but dismissed as against
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defendant No.1 on the ground that there was no privity of contract between S and defendant No 1. On
the same reasoning, the High Court dismissed S’s appeal.
At the trial, respondent N had not in clear terms, denied receiving Rs. 1 lakh. He had stated the
cheque was given to him by defendant No. 2. He had denied his signatures wherever it appeared: on
the authorization letter; on the agreement to sell executed between S and defendant No. 2; he had
even denied his signatures on his lawyer’s vakalatnama and on the Written Statement submitted on
his behalf. Was the High Court justified in dismissing S’s appeal? Answer with reference to Sections of
the Indian Contract Act, 1872 as also case law if any.
Q.61. An employee is told that insurance premium will be deducted from his salary every month and
remitted by employer to the insurance company under an agreement between the insurance company
and the employer. Is the employer acting as an agent of the insurance company and can he be held
liable in that capacity?
Q.62. The Coca-Cola Company entered into an agreement for grant of franchise to Gujarat Bottling
Company to manufactures, bottle, sell and distribute beverages under trade marks held by the
franchiser. There was a negative stipulation in the agreement which restrained the franchise not to
manufacture, bottle, sell, and deal or otherwise be concerned with the products, beverages of any
other brand or trade marks/trade names during the subsistence of this agreement including the
period of one year’s notice. The operation of this stipulation was to be confined only during
subsistence of the agreement and not after term thereof was the negative stipulation in restraint of
trade? Answer with reference to provisions of Contract Act and case law, if any.
Q.63. ‘A’, manufactures of a particular brand of biscuits, sold in tins for price of biscuit plus 20%
deposit refundable in case the tin was returned within the stipulated period in good condition. No
sale tax was charged on the deposit. B, retail merchants, did not return the tins. Does the transaction
become a sale on the expiry of the stipulated period as thereafter, the seller ceases to be under an
obligation to refund the deposit? When there is no obligation to return the tins, would it be a case of
bailment within the meaning of Section 148 of the Indian Contract Act or would it be a Pledge?
Q.64. The appellant, Food Corporation of India, invited tenders for stocks of damaged food grains in
accordance with the terms and conditions contained in the tender notice. The respondent tender’s bid
was highest, but the appellant being not satisfied about the adequacy of the amount offered in the
highest tender, instead of accepting any tenders submitted, invited all the tenderers to participate in
the negotiations. The respondent refused to revise the rate offered in its tender. In the negotiation,
the appellant was offered an excess amount of Rs. 20 lacs. The respondent filed a Writ Petition in the
High Court challenging the appellant’s refusal to accept the highest tender submitted by it, claiming
that the appellant having chosen to invite tenders, it could not thereafter, dispose of the stocks of
damaged food grains by subsequent negotiations, rejecting the highest tender on the ground that a
higher bid was obtained by negotiations. This action of the appellant was alleged to be arbitrary and
unreasonable. The High Court accepted the contention of the respondent and allowed the Writ
Petition. Was the High Court justified in allowing the Writ Petition? Answer with reference to Section
of the Indian Contract Act, 1872 and Sale of Goods Act, 1930 and case law, if any
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HJS – 2000
Q.65. Discuss the Doctrine of ‘Consideration’ under the Indian Contract Act.
Q.66. ‘A’ made a contract in the month of June 1985 with ‘B’ for supplying a machine for Twenty
Thousand Rupees by December 1985. The company which manufactured such machine temporarily
stopped the production in the month of November 1985 but the machine was available in black in
market for Sixty Thousand Rupees. Can ‘A’ rescind this contract? Explain.
Q.67. What are the liabilities of surety under the Indian Contract Act? When is the liability of a surety
discharged?
Q.68. Explain “Free Consent” according to the Indian Contract Act.
Q.69. Explain the doctrine of frustration or impossibility citing three illustrations.
Q.70. Explain clearly the essentials elements of “Wagering Contract”. How is it different from
speculative transaction? Explain with illustrations. Are both of these valid under the law of contract?
Q.71. What principles have been incorporated in the Indian Contract Act for determining the amount
of damages to be awarded in the event of breach of contract? Discuss in the light of decided cases.
Q.72. All contracts are agreements, but all agreements are not contracts. What conditions have been
laid down in the Indian Contract Act for an agreement to become a contract?
Q.73. ‘A’ owes Rs.2000/- to ‘B’ but the debt is barred by Limitation Act, ‘A’ signs a written promise to
pay ‘B’ Rs. 1,000/- on account of debt. Is it a valid contract? Refer relevant provisions of the Contract
Act.
PJS – 1999
Q.74. The appellant-contractor entered into a continuing contract with the Government, for three
years ending on 31.12.1970, for purchase of tendu leaves. As per terms of the contract, the contractor
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had to opt for renewal of the contract, within 15 days prior to December 31 st every year, and the
contractor was to be renewed by issue of order by the Government and acceptance by the department
by January 31st next year. Accordingly, date of receipt of the acceptance would be the date of renewal
of the contract. The appellant gave his offer for renewal on 7.12.1968 and Government accepted the
same on 31.1.1969. But acceptance was communicated on 7.2.1969 and appellant withdrew his offer
only thereafter on 9.2.1969. Would the contract continue to remain if force? Decide with reference to
section(s) of Indian Contract Act, and case law, if any.
Q.75. In a case while the defendant intended to sell the land in terms of Kanals, the plaintiff intended
to purchase in Bighas and Kanals are different units of measurement. In northern part of the country,
the land is measured in some States, either in terms of bighas or in terms of Kanals. Bothe convey
different impressions regarding area of the land. The area of the land was as much essential to the
agreement as the price, which incidentally, was to be calculated on the basis of the area. Is the mistake
with which the parties were suffering related to a matter essential to the agreement? Answer with
reference to the sections of Indian Contract Act and case law, if any.
Q.76. An agent for a term refused to hand over the account books, bonds etc. of the business at the end
of the term to a new agent in his place, unless the principal gave him a release from all liabilities in
respect of his agency: such a release had to be and was given, and the new agent got account books,
bonds etc. from him. Is the release deed voidable at the instance of the principal? Decide with
reference to Section(s) of the Indian Contract Act and case law, if any.
Q.77. In a case, the representative of one D, sued to set aside a deed executed by him, on the ground
that the defendant had managed to get the deed executed by D, by means of fraud and undue
influence; it was contended on behalf of the defendant that the suit being one to set aside a document
on the ground of fraud or undue influence, the right to sue did not devolve on his personal
representatives inasmuch as the relief given by Section 19 and 19-A of the Indian Contract Act must be
confined to the actual party who had been defrauded or on whom the undue influence had been
exercised. Are the representatives entitled to sue? Decide with reference to Section(s) of the Indian
Contract Act and case law, if any.
Q.78. F was required by a Magistrate, under the Criminal Procedure Code, to furnish a surety who
should be responsible for his good behavior for one year. S agreed to become a surety on condition
that F would deposit with him, the amount of the security which F made and S became a surety. This
period for which S was responsible for F’s good conduct having expired without F committing any act
to forfeit the security. On a demand by F, S refused to return the deposit. F filed a suit for recovery of
the amount of surety. What will be the fate of the suit? Decide with reference to section(s) of the
Indian Contract Act and case law, if any.
Q.79. G, an advocate, entered into an agreement with his client, which was embodied in his client’s
letter to him, as follows:- “I hereby engage you with regard to my claim against the Baroda Theatres
Ltd. for a sum of Rs. 94,000/-. Out of the recoveries, you may take 50% of the amount recovered.” Is
the agreement enforceable? Would it have made any difference had the agreement been made
between third parties and not the advocate? Decide with reference to section(s) of the Indian
Contract Act and case law, if any.
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HJS – 1999
Q.80. “The law of contracts, as contained under the Indian contract Act, is not the whole of the law
relating to contracts nor is it the whole of the law of obligations”. Discuss this statement.
Q.81. There was a contract between X and Y for the carriage of a cargo, of goods belonging to Y. There
was another contract between X and Z for the unloading of the cargo from X’s ship. Y’s goods were
damaged through Z’s negligence during unloading. Y claims damages from Z.
Z replying on a clause in the contract between X and Y exempting X from any loss or damage
occasioned by the negligence of himself or his servants, decline to pay. Advise Y.
Q.82. A, a minor aged 17, represented to B, a moneylender, that he was 19 years old and then asked
for a loan of Rs. 500/- stating that the amount was urgently required by him to complete his Higher
Secondary education. The moneylender without making any further enquiry lent the amount to A.
Can the moneylender recover the amount from A after 2 years?
Q.83. Critically discuss the following:
(i) Consequences of the absence of consent and free consent.
(ii) Conditions of enforceability of the standard form contracts.
(iii) Novation and accord and satisfaction
Q.84. An electrical company entered into a contract with a fertilizer company for supply of
transforms, the price to be firm there being no provision for escalation in price. Subsequently due to a
hike in petroleum prices, the prices of transformer oil, an essential ingredient, of a transformer, were
increased by 400%. Can the supplier back out of the contract on this ground? Discuss with reference
to the relevant provisions of law.
Q.85. (i) Who is an agent?
(ii) What is the difference between an agent and
(a) An employee. (b) An independent contractor.
Q.86. G had loaned his car to his brother. R, who obtained petrol and oil on credit from X. X took
possession of the car from R and refused to return it until he was paid. Has G any remedy against X?
State the law of support your answer.
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PJS – 1998
Q.87. A sued B to recover the price of a pair of mares sold by B to A, on the ground that the contract
was voidable at his option, as his consent was obtained by a mis-representation, on the part of B. In
reply to certain inquiries by A, B had written to him “I think your queries would be more satisfactorily
answered by a friend, if you have one in the station and I shall feel more satisfied. All I can say, is that
the mares are thoroughly sound…. I would prefer your buying them, after you have satisfied yourself
with regard to them, through a friend. “The mares turned out to be unsound, and it was found that A’s
consent had been obtained by misrepresentation.
Is the contract voidable by A on the ground of the above misrepresentation?
Q.88. A entered into a written agreement with bank B, whereby he was to overdraw his account, it
being provided that interest should be charged at a certain rate per annum. The course of business
adopted by the bank was that at the end of each month, interest was added to the balance then due,
and the total carried to the debit of the account, the effect being that compound interest with monthly
rests, was charged. A knew all along, how the interest was being compound and charged, but raised
no objection. Can A legally object to pay compound interest with monthly rests? Decide.
Q.89. T’s solicitor had an interview with G and his solicitor, to arrange for the compromise of an
action. Just before the interview, T’s solicitor had heard the result of certain proceedings which
materially affected the position of the parties, but he discreetly refrained from communicating this
intimation to G’s solicitor.
Is the compromise arranged in this circumstance binding? Decide.
Q.90. A, by a letter, gave an undertaking to the natural father of the defendant that he would supply
money for the litigation, if the defendant’s adoption was challenged. In pursuance of this undertaking,
from time to time, moneys were advanced by A and after A’s death by A’s son to the defendant and his
father. Then, the defendants passed a promissory note in favour of A’s son for the told sum advanced
by A and A’s son.
Is the suit filed by A’s son on this promissory note maintainable? Give reasons in support of
your answer with reference to section(s) of Indian Contract Act, and case law, if any.
Q.91. In a suit for damages for non-delivery of linseed upon a contract, the terms of which as to the
payment were cash on delivery, part delivery had been made by the defendants, and a sum of Rs.
1,000 had been paid on account, by plaintiffs. The plaintiffs, then made a claim against the defendants
for excess refraction, and the defendants thereupon, refused to deliver the rest of the linseed, unless
the plaintiffs paid the full amount owing for the portion that had been delivered. The plaintiffs
declined to accept these terms, and the defendants, then cancelled the contract.
Can the defendants rescind the contract? Decide.
Q.92. The defendant was in possession of the plaintiff’s estates, as agent and manager, at a salary
under a power of Attorney. In addition to the consideration of his services as agent and manager,
which were mentioned in power of Attorney, the defendant had given further consideration for the
granting of power of attorney to him in the shape of personal guarantee to a mortgagee of the estates,
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that he would pay the mortgage-debt on the day fixed for redemption. This further consideration was
not mentioned in the power of attorney. But the defendant urged that the giving of the guarantee,
gave him an authority coupled with an interest, and that therefore, the power of attorney was
irrevocable.
Is the power of attorney irrevocable? Decide.
HJS – 1998
Q.93. “Acceptance is to an offer what a lighted match is to a train of gun power”. Explain with
reference to its conditions and incidents as dealt with in English and Indian laws.
Q.94. How far is it true that an agreement without consideration is void?
Q.95. Distinguish between the contract for indemnity and guarantee. How far do you agree with the
maxim of law you must be demnified you can claim to be indemnified? Refer to relevant judicial
pronouncements.
Q.96. The plaintiff handed over to the defendant certain jewels for the purpose of being melted and
utilized for making new jewels. Every day as soon as the defendant’s work for the day was over, the
plaintiff used to receive half made jewels from the defendant and put them into a box in the
defendant’s room, without handing over the key to the defendant. One night the jewels were stolen
from the defendant’s room. Discuss the remedy available to the plaintiff if any.
Q.97. A, a singer contracts with B, the manager of a theatre for two nights in every week during the
next two months. B agreed to pay A Rs. 500/- for every night. On the sixth night A wilfully absents
from the theatre and B, in consequence rescinds the contract.
Are A and B entitled to claim any compensation? If so, for what? And under what provisions
of law?
HJS – 1996
Q.98. What conditions are necessary for converting a proposal; a promise into an agreement and an
agreement into a contract? Illustrate your answer.
Q.99. A teaches his parrot to recite an officer and sends the parrot to B. The bird repeats the
recitation before B, who says ‘yes’ to the offer. Is this a valid offer and acceptance, giving rise to an
agreement? Give reason for your answer.
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Q.100. A wrote to B offering to purchase his car for a particular price and also added that in the event
of B not replying him, A would consider the proposal to have been accepted. B does not reply. It there
a contract?
Q.101. A during his minority takes loan of Rs. 20,000/- from B and executes a pronote in favour of B.
When A becomes a major he writes another pronote in favour of B in place of the old pronote, but fails
to pay the debt. B files a suit against A for recovery of the said amount on the basis of the new
pronote. Will B succeed?
Q.102. On B’s request A lent gratuitously his scooter to B for his use for one week. After two days A
urgently needs his scooter and required its return from B. B refuses to return the goods unless he is
indemnified for his damages @ Rs. 100 per day, which suffer due to the premature delivery of the
scooter. Decide the rights of A and B in such a situation.
Q.103. “The liability of surety is co-extensive with that principal debtor unless it is otherwise
provided by the contract.” Explain this and discuss the liability of a surety for the payment of a loan
where is subsequently turns out principal debtor is a minor and therefore the loan to him is void.
Q.104. Discuss the rights and liabilities of an undisclosed principal of an agent and the third party to
the contract, in case of such undisclosed principal.
Q.105. Distinguish between a sub-agent and a substituted agent and discuss their rights and liabilities.
PJS – 1995
Q.106. What are the essential elements of a contract? Distinguish between void and illegal
agreements.
Q.107. A duly posts a letter of acceptance to B. But the letter is lost in transit by the negligence of the
post office. What effect, if any, does this have on the formation of the contract?
Q.108. Acceptance is to officer what a lighted match is to a train of gunpowder. It produces something
which cannot be recalled or undone. But the powder may have lain till it has become damp or the man
who has laid the train may remove it before the match is applied”. (Anson) Explain with illustrations
sought to be expressed in the above passage.
129
Specific Relief Act, 1963

PJS – 2018
Q.1. ‘A’ is a tenant in property X under the landlord ‘B’. ‘B’ forcibly dispossesses ‘A’ from the property.
‘A’ claims to have purchased the property from its previous owner ‘P’ through agreement to sell, GPA,
will, possession letter and receipt, and files a suit for declaration and possession against ‘B’. ‘A’ also
files a suit for possession against ‘B’ under section 6 of Specific Relief Act, 1963. Decide the
maintainability of the suit u der section 6 of the said Act.
Q.2. ‘B’ admits the execution of documents by previous owner as claimed by ‘A’ in his written
statement in both the suits as above said, but claims that the possession was handed over voluntarily
by ‘A’ and the latter also admits it. Will ‘A’ succeed in his suit under section 6 of Specific Relief Act,
1963?
Q.3. Does institution of a suit under section 6 of Specific Relief Act, 1963 and its dismissal by a court of
law bars the plaintiff from filing a suit to establish his title and to recover the possession later on?
Discuss.
HJS – 2015
Q.4. What is the importance of “ready and willingness to perform” in a suit for specific performance?
What happens when the plaintiff has not averred his readiness and willingness to perform in his
pleadings?
Q.5. Can a Court grant part performance of a contract on the option of (i) plaintiff, (ii) plaintiff and
defendant both, or (iii) defendant only? At what stage of litigation can part performance of contract,
be-accepted by a party?
Q.6. What are the limits within which a court may permit rectification? Whether the relief in this
regard is discretionary or mandatory upon the court?
Q.7. How can a contract be rescinded by a party to it in case the other party is not available and can’t
be served notice?
130
PJS – 2013
Q.8. Write a critical note on the manner in which and the provisions under which a decree of specific
performance may be enforced.
Q.9. X, an upcoming author, contract with a publishing house owned by Y to write a trilogy of books on
the theme of Indian mythology. The first two books published of the series are very popular but
differences arise between X and Y in relation to the plot of the third book. X refuses to write the third
book. The two books had garnered a business of close to Rs. 1 crore and Y was expecting a business of
Rs. 50 lakhs from the third book. Y sues for specific performance. Decide if the contract can be
specifically enforced.
Q.10. “Specific performance of a contract of service cannot be enforced against an employer and the
employer cannot be forced by compulsion of law to retain or reinstate the employee in service.”
Respond to the above statement in the light of Section 14 of the Specific Relief Act. Can there be any
exception to this rule? If so explain with reference to the relevant provision and case law.
HJS – 2013 (No Qus. Asked)
PCS – 2012
Q.11. Nothing precludes the Civil Court from awarding suitable damages in a suit for perpetual or
mandatory injunction when the cause of action is based on actionable claim, even if no such damages
have been claimed by the plaintiff. Will it be permissible for the court to award damages in a case
where it has declined to grant injunction to the plaintiff? Explain with reasons with reference to
provisions of the statute.
Q.12. “A contract to refer present or future differences to ‘Arbitration’ is also specifically enforceable”-
give reasons for or against this statement.
131
PJS – 2010
Q.13. Explain what is preventive relief? What are the provisions governing the grant of perpetual
injunction?
Q.14. In the context of declaratory suit discuss the meaning and effect of not claiming consequential
relief?
Q.15. ‘A’ entered into a contract with ‘B’ on 1.2.2009 to sell his 5 acres of land for Rs. 2 crore and paid
Rs. 10 lacs as earnest money. It is agreed that remaining amount will be paid on 1.4.2009 at the time
of registration of sale deed. ‘A’ avoids execution of sale deed on 1.4.2009. Advise ‘B’ various
alternative remedies available to him and what he will be required to prove for getting relief.
HJS – 2010
Q.16. Explain what is preventive relief. What are the provisions governing the grant of perpetual
injunction?
Q.17. Examine whether or not perpetual injunction shall granted in following cases:
(i) Where plaintiff prays that his standing crop is likely to be harvested very soon by
defendant?
(ii) Where injunction prayed for, is for enforcement of an obligation arising from breach of
contract, which cannot be specifically enforced?
(iii) Where alternative efficacious remedy is available?
(iv) Where plaintiff’s conduct is unconscionable?
HJS – 2009
Q.18. Can the following contracts be specifically enforced?
(i) A contract to execute mortgage.
(ii) A contract to lend money.
(iii) A contract to construct a building.
(iv) A contract to translate a book into other language.
(v) Arun, the owner of a hotel, contracts with Balwant, to give him accommodation therein for
the sale of his hosiery products and to furnish the accommodation with necessary furniture. Arun
refuses to perform the contract.
132
PJS – 2007
Q.19. Discuss principles governing grant of ad-interim injunction. Whether a temporary and
mandatory injunction can be granted in the form of mandatory injunction? (r/w CPC)
Q.20. No court shall direct specific performance of a part of contract. Is there any exception to it?
Discuss.
Q.21. A, B, C, D are owners of a property. D is minor. An agreement to sell the said property is
executed in favour of X. A, B and C sign the agreement on their behalf. Father of D signs on behalf of D
being natural guardian. A condition was laid that sale deed would be executed within three months
and within those three months, permission to sell minor’s share would be obtained. Despite notice, A,
B and C? Discuss.
Q.22. A developer allotted and handed over possession of a flat to ‘B’. ‘B’ as purchaser agreed to
construct partition walls, doors and windows inside. Keys of flat were with ‘B’. There was no
agreement that ‘B’ would return possession to ‘A’ on completion of work. However, developer ‘A’ had
not executed deed of conveyance in favour of ‘B’ purchaser. ‘A’ developer, filed suit for permanent
injunction restraining ‘B’ from interfering in his possession. The said suit was dismissed. Later, ‘A’
broke open locks and obtained forcible and wrongful possession. Can ‘B’ seek possession of flat by
resorting to Section 6 of the Specific Relief Act? Can ‘B’ also claim damages for wrongful
dispossession? Discuss.
HJS – 2007
Q.23. Under what circumstances can a person file suit for getting back possession of immovable
property from which he has been dispossessed?
X was in possession of a house belonging to Y. Y dispossessed X from the house. X files suit for
possession under the Specific Relief Act claiming that he was a tenant in the house. Y pleads that X
was merely a licensee under a license deed. Y further contends that he had a right to revoke the
license at any time. Y claims that he revoked the license and dispossessed X. Decide.
Q.24. List out the persons in whose favour specific performance cannot be enforced under the Specific
Relief Act, Section 16.
133
PJS – 2006
Q.25. A’s property is put up for auction. B requests C, A’s attorney, to bid from him. C does this
inadvertently and in good faith. The persons present seeing the vendor’s attorney bidding, think that
he is a mere puffer and case to compete. The lot is knocked down to B at a low price. A refuses to
complete the contract. B sues A for specific performance. Decide
HJS – 2006
Q.26. When can a person, who being not the owner is dispossessed of immovable property recover
possession thereof?
Q.27. Can a person recover possession of immovable property if he was dispossessed:-
(i) being a tenant holding over after the expiry of the term;
(ii) by a person having good title; (iii) only partially; (iv) by the Government
Q.28. Discuss the principles and the restrictions regarding the grant of:-
(i) Temporary injunction, (refer Order 39, CPC)
(ii) Perpetual injunction (iii) Mandatory injunction.
Q.29. Can a mandatory injunction be granted on an interlocutory application in a suit?
Q.30. Can the court grant temporary injunction in exercise of its inherent powers in a case?
(Also refer Order 39, CPC)
PJS – 2003
Q.31. A, a manufacturer of Sugar Mill Plant, has entered into a contract for turnkey project of erection
of Sugar Mill with B. B has desired that A should furnish bank guarantee for the good performance of
the plant for a period of one year from the date of handing over complete plant. Within one month of
the commissioning of the plant, B wrote to A that the plant is not giving projected results. B invokes
the bank guarantee. A files a suit for permanent injunction for restraining the bank from paying the
amount of bank guarantee. Decide. (r/w CPC)
Q.32. Injunction-temporary and perpetual- explain the nature and principles of both with the
differences, if any, between the two. What are the considerations for the grant of ad-interim
injunction and whether such considerations are different from those for the grant of decree for
permanent injunction? (r/w CPC)
Q.33. A, the owner of immovable property, forcibly dispossesses B who is in its unauthorized
possession. Has B any remedy and, if so, under what law?
Q.34. Section 10 of the Specific Relief Act provides for contracts which can be specifically enforced.
State and illustrate the limitations of the Court in using its discretion in such matters.
HJS – 2003(No Qus. Asked)
134
PJS – 2001
Q.35. A was in possession of a plot in Amritsar for a long time. On 20.8.1978 he was out of town and
in his absence B took the possession of the plot. On 10.1.1079, A filed a suit for possession of the said
plot against B in the District Court of Amritsar. B contested the suit on the ground that his father has
left a Will bequeathing the said plot to him and claimed his right of possession. The will is registered.
A could not produce any document regarding his title of the said plot but he filed a copy of his ration
card, election identity card, driving licence and bills of electricity and water in his name. All these
documents were issued at the address of the said plot. B denied the right of A to get the possession of
the said plot.
What issues can be framed by the Court on the basis of above facts? Is A entitled to get the possession
of the said plot? Decide this case giving reasoning in your judgment with the application of relevant
law and the decided case law.
Q.36. The plaintiff filed a suit against the defendant for Mandatory Injunction and Damages with the
facts that the defendant has put a water pipe in his own wall and there is a leakage in the said water
pipe which resulted in seepage in his house and has damaged his house very badly and the water is
coming in his house through the wall of the defendant due to the said leakage.
Can this suit be decree in favour of the plaintiff? If yes, what can be the directions to the
defendant Decide with the help of relevant provisions of law and the decided case, if any?
Q.37. X, a trustee of a worship place, filed a suit against the defendants for declaration of his right to
nominate a new Mahant and for a declaration that he is entitled to manage the shrine and to have
worship done by another person, superseding the defendants who are incharge and are neglecting
their duties. The District Court of Madras dismissed the suit. X filed the appeal in the Madras High
Court. High Court dismissed the appeal with the decision that the office of trust cannot be separated
from the properties to which it appertains and so a mere declaration cannot be asked for without
seeking possession also.
Was the High Court justified in dismissing the appeal? Answer with reference to relevant provisions
of Specific Relief Act, 1963 and with the help of case law.
HJS – 2001
Q.38. ‘Restitution stops, where repayment begins’. Discuss the above statement in the light of decided
cases. (r/w ICA,1872)
Q.39. X agree to sing at Y’s theatre for one week and also agrees not to sing at any other theatre during
that period. Later on X contract with Z to sing during that week at Z’s theatre. Can Y sue for an
injunction to restrain X? (r/w ICA,1872)
135
PJS – 2000
Q.40. B, the predecessor-in-interest of appellant 1, an owner of three acres of agricultural land,
entered into an agreement for sale of the land with T, the predecessor-in-interest of the respondents.
The Agreement dated 24.4.1969 contained a default clause expressly stating that: “in case the sale
deed is not made to you or if you refuse to accept, in addition of earnest money, an amount of Rs 500
shall be given or taken and no sale deed will be executed”. As it happened, no sale deed was executed
and T filed a suit for specific performance on 18.7.1974. While the suit was pending, B died and the
disputed land was sold by his heirs to appellant no. 2 by sale deed executed in September, 1974 and
March, 1975.
In his plaint, T specifically mentioned the default clause and stated that the earnest money
totaling Rs. 1,000/- was to be returned be B alongwith an additional amount of Rs. 500/- in case the
sale deed was not executed. However, the prayer was expressed in the alternative and T sought a
decree for specific performance or a decree for the return of Rs. 1000/- plus a sum of Rs. 500/-.
The trial Court directed appellants-defendants to pay back Rs. 1,000/- with interest at 6%
alongwith Rs. 500/- as damages to the respondent plaintiff. The first appellate Court, however,
decreed the suit for specific performance on condition that T deposits the balance amount of sale
consideration (Rs. 1,000/). The appellants’ second appeal was dismissed by the High Court. Was the
High Court justified in dismissing the Appeal? Answer with reference to Section of the Specific Relief
Act, 1963 and case law, if any.
Q.41. The Appellants were the legal representatives of a subsequent purchaser. They were
defendants to suit by one B for specific performance of an earlier agreement to sell the property to
her. She had not pleaded in her plaint that she was ready and willing to perform her part of the
Agreement but that plea was later introduced by way of an amendment. The question now was in
regard to whether she or her Legal representatives were, in fact, at all material times ready and
willing to perform their part of that agreement. The first appellate Court declined to permit the
appellants to plead and contend that B and her legal representatives were never prepared to perform
their part of the agreement and for this purpose, it relied representatives were prepared to perform
their part of the agreement and for this purpose, it relied upon the judgment of Hon’ble Supreme
Court in the case of Jugraj Singh, (1995)2 SCC 31. The High Court in second appeal affirmed that view.
Was the High Court justified in confirming the view of the first Appellate Court?
Answer which reference to relevant Section(s) of the Specific Relief Act, 1963 and case Law,
Q.42. A suit for Specific performance filed by the respondent was decreed with direction to him to
deposit the balance amount of consideration within the specified time-limit and a further direction
was given to the appellants as owner and the respondent. The decree was confirmed by the High
Court without extending the time limit for depositing the balance amount. However, the respondent
decree-holder filed execution applications five long years after the passing of the decree and three
long years of confirmation thereof the High Court. The executing Court dismissed the execution
applications on the ground of the applicant’s failure to deposit the balance amount within the time
stipulated in the decree. Respondent decree holder approached the High court. Did the equity require
that the discretion of the Court under Section 28 of the Specific Relief Act, 1963 to extend the time for
136
payment should be exercised in favour of the respondent decree holder? Answer with reference to
Sections of the Specific Relief Act and case-law if any.
HJS – 2000
Q.43. “The remedies for non-performance of duties are either compensatory or specific”. Explain this
statement briefly in the context of specific reliefs available under the Specific Relief Act.
Q.44. “Justice Demands that a person wrongly dispossessed of property should recover it.” Explain
how Specific Relief Act is operating for this purpose.
Q.45. He who comes for equity must do equity. Comment giving illustrations with reference to
Specific Relief Act.
PJS – 1999
Q.46. The respondent filed a suit for injunction, restraining the appellant from interfering with the
possession of respondent over some land. The respondent claimed to be the owner of the said land
and asserted that he was in possession thereof. The claim of the respondent was that he had
purchased the suit land, through a sale deed, in the year 1970. Thereafter, he filed a suit on 17.4.1971
for permanent injunction against the appellant. The suit was ultimately withdrawn on 7.11.1977, with
permission to file a fresh suit. Ultimately, the present suit was filed on 23.8.1979. The claim of the
respondent was resisted by the Municipal Committee saying that the respondent was neither the
owner of the land in question nor was he in possession thereof. It was asserted that the Municipal
Committee had already constructed a park in the land and there was no question of respondent
acquiring any right, title or interest in the same. The subordinate Judge dismissed the suit on finding
that the respondent had filed to prove that he was the owner and was in possession of the land. The
Court of Appeal set aside the finding of the Trial Court and decreed the suit of the respondent taking
the view that the title of the predecessor-in-interest of the respondent had been established. Court of
Appeal proceeded only to consider the revenue records from the year 1975-70 like jamabandi for the
year 1974-75 and Khasra girdawari for the years 1975-79. It was also held that the appellant was in
possession of the suit property. The Review Petition filed to recall the order of dismissal of the second
appeal was also dismissed in limine. Was the dismissal of the second appeal filed on behalf of the
appellant, Municipal Committee, justified? Decide with reference to provisions of Specific Relief Act,
and case law, if any.
Q.47. The respondent entered into a contract on 27.2.1975 with the petitioner for sale of his land as
he was in dire need of money to celebrate his daughter’s marriage on 16.5.1975. The agreement was
that the draft sale deed should be finalized within seven days and sale deed registered. Time was,
therefore, of the essence of the contract. The defendant insisted upon payment of consideration in
cash. The respondent sent the approved draft sale deed immediately, but the petitioner did not give
137
the final draft, as contemplated by the agreement, since he had to obtain the Income Tax Clearance
Certificate, which he did not obtain. Two letters written by the respondent indicated that the
respondent was always willing to have the sale deed executed, but the petitioner delayed the
execution of the sale deed, on one pretext or the other. The petitioner filed a suit for specific
performance of contract. The High Court held that the petitioner was not ready and willing to perform
his part of the contract under Clause (c) of Section 16 of the Specific Relief Act. Was the High Court
justified in negating the relief of specific performance of the Contract? Give reasons in support of your
answer?
Q.48. The plaintiff-appellant’s suit for specific performance of the agreement for sale, was decreed by
the trial Court and the first appellate Court. The total amount of consideration was Rs. 12,000/- and
the plaintiff-appellant had paid Rs. 3,000/- as earnest money. In second appeal the High Court
reversed the decree and dismissed the suit as from the fact that the plaintiff-appellate had taken some
time to remove the deficit in the Court Fee. The High Court had inferred that plaintiff-appellant had
no capacity to pay the consideration and was not willing to perform his part of the contract. Was the
High Court justified in reversing the decree and dismissing the suit? Decide with reference to the
provisions of Specific Relief Act case law, if any?
HJS – 1999
Q.49. When may the court order specific performance of the contract and when it must refuse to do
so?
Q.50. A files a suit against B for declaration that house X belongs to him. He also prays for delivery of
possession of the house to him. The court passes a declaratory decree in favour of A and order that
possession of the house be delivered to A. Now, C files a suit against A for delivery of house X to him
on the ground that the house beongs to him. A pleads in defence that the court has already made a
declaration that house X belongs to him. Will the court accept this defence?
Q.51. A appoints B as trustee of his property with specific direction to give the property on lease for
five years. B enters into a contract with C to lease out this property to him for ten years. Is this
contract specifically enforceable?
Q.52. What are the main points of difference between an action for possession under section 9 of the
specific Relief Act and for recovery of possession based on title?
Q.53. Can the following contract be enforced:
(i) A contract to execute to mortgage.
(II) A contract to construct building.
(iii) A contract to translate book into another language.
138
PJS – 1998
Q.54. A house owned by A was sold by A to S. Along with the sale deed, an agreement of reconveyance
was executed by S in favour of A. The agreement provided that in case of payment of the sale
consideration back to S by A within 3 years, the former will give back the property to the latte; that in
case of death of A within three years ‘then only’ A’s son X will be competent to get the house back and
the other heirs of A will not be competent to get it back during the life time of X will be competent to
get back the property; that if during the said period of three years S or his heirs had to spend any
money for the repairs of the house then at the time of giving the property back, S will be entitled to get
the money as well; and that at the time of effecting repairs, S will be giving verbal intimation to A or X
and will also be duly keeping with him the accounts in respect thereof. Subsequent to execution of the
agreement of reconveyance, S sold his right, title and interest in the property. In the meantime A died.
Under the agreement A’s son X became entitled to enforce the right to repurchase. X assigned his right
to repurchase filed a suit within a period of 3 years from the date of execution of the agreement of
recoveyance, for getting the property reconveyed in his name by enforcing the agreement.
Decide whether agreement of reconveyance conferred any personal right to get the property
reconveyed on persons mentioned in the agreement as the beneficiaries of the agreement or whether
the right of reconveyance flowing from the agreement could be validly assigned in favour of a third
party or a stranger to the family?
Q.55. A filed a suit to restrain B from interfering with his possession and enjoyment of the disputed
land. B pleaded that his predecessor-in-title had purchased the land. The sale deed had been
executed by the vendor containing clear recital that A was in possession of the disputed property and
that it would be open to the vendee (B’s predecessor-in-title) to obtain possession from A. B did not
file suit for possession. Instead A filed suit for perpetual inunction.
In view of admission in Title Deed obtained by B, and concurrent finding recorded by Courts
below, can B still oppose perpetual injunction? Decide.
HJS – 1998
Q.56. “As a general rule, the court will not direct the specific performance of a part of a contract”.
Comment. Is there any exception to the above rule?
Q.57. Discuss the provisions of Specific Relief Act, relating to recovery of possession of immovable
property.
Q.58. What do you understand by the Cancellation of instruments? When Cancellation may be
ordered? What is the principle of compensation on cancellation?
139
HJS – 1996
Q.59. Detail the circumstances under which specific performance of a contract cannot be enforced.
Q.60. Consider if any remedy under the Specific Relief Act is available to B:
(i) A denies that B is his son.
(ii) A agrees to lend B Rs. 20,000 on interest but later refuses.
(iii) A, a film actress that she would render her exclusive service to B for a certain period and
would not during that period render any services to another person. However, in breach of
the agreement she entered into an agreement to act for another film company.
(iv) A improperly uses the trade mark of B.
(v) Mr. A and Miss B enter into an agreement that they shall marry each other and none else
during their life. A in breach of the agreement is going to marry another woman.
(vi) A illegally dispossesses B of a plot of land.
Q.61. What are the main points of difference between an action for possession under section 6 of the
Specific Relief Act and an action for recovery of possession based on title.
Q.62. What are the essential conditions for obtaining a declaratory decree under section 34 of the
Specific Relief Act?
Q.63. A is dispossessed of a certain land by B. A brings a suit against B for a mere declaration of his
title to the land. Can the court grant the declaration prayed for?
Q.64. Discuss briefly the principles underlying rescission of contracts by the court. When the court
may refuse to rescind a contract?
PJS – 1995 (No Qus. Asked)
140
Indian Partnership Act,

PJS – 2018
Q.1. What are the types of dissolutions of partnership? Can the court dissolve a partnership?
Illustrate your answer with suitable examples and judicial decisions. (10 Marks)
Q.2. Is registration of partnership mandatory? What are the effects of non-registration of

partnership? Briefly explain the same with suitable examples and judicial decisions.(10 Marks)
PJS – 2015
Q.3. A minor who was admitted to the benefits of a partnership in a partnership firm did not give
public notice of his election within the prescribed time upon becoming major. What would be the
consequences of such a failure?
HJS – 2015
Q.4. What are the circumstances that could lead to the dissolution of a partnership firm? Does death
of one of the partners dissolve the partnership firm automatically? In a situation where a partnership
firm is constituted by two partners only what will be the effect of the death of the death of one of them
on the partnership firm?
PJS – 2013
Q.5. A and B entered into an agreement for running a running a restaurant. It is provided in one of the
clauses of the agreement that in case of death of a partner, the partnership firm shall not stand
dissolve and that the legal heir of the deceased shall become the partner. B dies of 04.05.2012. Upon
the death of B, A continues to run the partnership firm with B’s son C. When filing the returns for the
year 2012-2013, A contends the continuance of the partnership firm but the income tax department
insists that the firms stood dissolved on 04.05.2012 and it cannot be said that partnership firm has
continued business subsequent to it. Decide the case.
141
HJS – 2013
Q.6. Ajay and Binny are partners in running a fast food shop. The partnership agreement does not
contain any clause as to its duration. It also does not contain any cause spelling out the conditions on
which the partnership may be determined. Ajay institutes a suit on 10.05.2013 for dissolving the
partnership firm. Binny objects to the suit saying that Ajay has not given any notice to him in relation
to his intention of dissolving the firm. The contention of Ajay is that the institution of the suit is
sufficient notice.
Decide the matter as to the date on which the firm would be dissolved and also comment on whether
the court has the power to set any date other than 10.05.2013 as the date on which the firm would be
dissolved.
Q.7. Aman’s parents died in a road accident when he was 12. Since then Aman has been in the care
and custody of Bhim’, his uncle and his guardian as per the will of Aman’s mother. Chaman, a friend of
Aman’s father and a partner in a reputed firm engaged in the business of storage of goods, decides to
help out Aman by admitting him to the benefits of Chaman’s partnership firm. He speaks to his
partners and they decide by majority to approve the proposal by Chaman. Dev, Eddy and Farhan do
not agree with this proposal and they note their dissent. Thus, starting from the age of 15, Aman has
been admitted into the benefits of the partnership. Aman turned 18 on 03.02.2013. Three months
after the said date, Aman is informed that he had been so admitted into the benefits of a partnership
and that all benefits accrued over the years can be accessed by him through a Trust set of for this
purpose. On 03.09.2013, Aman issues a notice confirming his intention to become a partner in the
firm. He sends a notification to the Registrar of Firms and also publishes a notification in the Indian
Express, a national daily which has the highest circulation in his locality.
Mithun read the notification in Indian Express. Mithun knows Aman from childhood and has always
been impressed by his smartness and his deep faith in religion. Aman is a devotee of Lord Shiva like
Mithun and because of that he has a soft corner for Aman. Mithun approaches Aman to provide him
with some business and requests him to store around 1 lakh worth of antique furniture till Mithun
finds a suitable buyer.
Subsequently it comes to light that as per the arrangement in the partnership firm, only persons who
have been partners for more than 5 years can sign up a new client. Neither Mithun nor Aman had any
idea about this restriction. Already upset with the introduction of Aman, Dev, Eddy and Farhan
raise objections to the agreement between Aman and Mithun and also to the validity of Aman’s status
as a partner.
Identify the relevant legal issues arising in the case and determine the controversy involved therein.
PCS – 2012
Q.8. Ms. Nila, Mr, Chhahata and Ms. Nandi entered into an agreement to carry on business for profit.
An application under Section 58 of the Partnership Act, 1932, complete in all respects and as per the
due procedure was sent to the Registrar of the Firms. However, pending the receipt of certificate of
142
registration they started their business. The business continued for 2 months. Then due to sudden
demise of Mr. Chhahata, his son Mr. Ghata was admitted to the partnership. Since the registration
certificate has not been received they could not intimate about the reconstitution of the partnership
Firm. After 6 months, Ghata wanted the partnership to be dissolved. Other two partners refused to
dissolve. Mr. Ghata filed a suit before the civil court. Frame issues, argue the matter for both sides
(i.e., Mr. Ghata on one side and Ms. Nila and Ms. Nadi on the other) and decide.
HJS – 2011
Q.9. Mr. and Mrs. Kaur are running a Legal Aid Clinic. Whether is it a kind of partnership? Discuss.
Q.10. What is implied authority of partner? In what circumstances implied authority cannot be used
by partner?
PJS – 2010
Q.11. What are the essential elements of partnership? Explain with illustrations and distinguish a
partnership from company.
A partnership firm was financially embarrassed and therefore made a compromise with their
creditors ‘B’, ‘C’, ‘D’ and ‘E’. Under the compromise, the property of firm was assigned to all the four
creditors. They were empowered to carry on business, to share the profits among themselves, till the
debts have been discharged.
Determine the existence of partnership in the above situation and give reason in support of
your junction?
HJS – 2010
Q.12. In a document executed between ‘A’, ‘B’, ‘C’ and ‘D’, it was provided that ‘D’ would be in-charge
of the firm and get Rs.200/- per month and devote his whole time to it, he would also get 10 percent of
the net profits of the firm, but would get not share in the surplus profits of the firm, which were to be
equally divided between ‘A’, ‘B’ and ‘C’ only. Is ‘D’ a partner of the firm?
Q.13. How and when may a partner retire? What are the liabilities of a retiring partner and what is
the effect of such a retirement on the rights of the parties?
143
HJS – 2009
Q.14. A and B carry on motor repair business in partnership. Under the deed of partnership, A has no
power of borrowing money. C a creditor, knowing nothing about restrictions on the power of A for
borrowing money, lends A money for the use of the firm. Is the firm liable to C for repayment of the
money lent by him to A. Refer to statutory provisions and decided cases.
Q.15. A and B are carrying on the business of grain merchants, in partnership. It is provided in the
partnership deed that disputes relating to the affairs of the business would be referred to arbitration.
A dispute arose and the same was referred to arbitration. Arbitrators decided in favour of A. B
refuses to abide by the award. A sues for enforcement of the award. Incidental the firm is not
registered under the Indian Partnership Act. Decide while referring to the provisions of the Indian
Partnership Act and decided Cases on the point.
PJS – 2007
Q.16. As an agent of the firm, a partner has certain implied authorities. Are there any restrictions on
the said implied authorities? Discuss.
Q.17. A partnership opened a bank account. Account was to be operated by ‘A’ and another partner
jointly. No authority was given to ‘A’ to act as agent of the firm. ‘A’ executed an acknowledgement in
favour of bank. Is firm bound by acknowledgement of ‘A’?
Q.18. ‘A’ and ‘B’ are two partners of firm X. A died. After death of ‘A’, ‘B’ acknowledged debt of the
firm. Are legal representative of ‘A’ bound by acknowledgement executed by ‘B’? Discuss.
Q.19. Can a minor be partner in a firm? If so, discuss his position before attaining majority and after
attaining majority?
HJS – 2007
Q.20. Ram Lal and Shyam Singh carried on the business of vegetable oil in partnership under the
name and style of ‘Rising Sun’. The partnership was dissolved but Ram Lal continued to carry on
business under the same name. Ram Lal, using an earlier letter head of the firm bearing names of both
partners, placed an order for the purchase of vegetable oil to company ‘Dalda’. ‘Dalda’ initiated
proceedings against Shyam Singh for recovery of the price of vegetable oil. Decide.
144
PJS – 2006
Q.21. A and B were two partners if a firm of lawyers. A borrowed Rs. 10,000 from X without any
express authority from the firm. X knew it but was induced to lend on A’s plea that money will be
used for firm’s purposes. The money is so applied. Is the firm liable for repayment to X?
Q.22. X, a publisher, agrees to publish at his own expense a book written by Y and to pay half of net
profits. Does this create a relationship of Partnership between X and Y? Is Y liable to a paper marker
for paper supplied to X for the purpose of printing Y’s Book?
Q.23. M and a were carrying on the business of commission agents as partners in a firm named M.A.
and Co. C, M’s son, was admitted to the benefits of the firm as he was a minor. The firm borrowed a
sum of Rs. One Lakh from B, but was unable to repay. The firm was, thereupon, dissolved.
Subsequently C became major and does not exercise the option not to become a partner. B applies to
court and asks to declare all the three insolvent. C pleads minority. But the lawyers have advised C
that he is liable up to his capital investment in the firm. Is it a sound advice? Give your advice on the
subject.
Q.24. A, a partnership firm filed a suit against B to recover Rs. 50,000/-. The suit was dismissed on
the ground that it was not maintainable since the partnership firm was not registered as required by
the provisions of the Indian Partnership Act, 1932. Thereafter the firm was registered and the
subsequent suit was filed on the same cause of action. Is the suit barred by res judicata? Discuss.
(r/w CPC)
HJS – 2006
Q.25. Explain the difference between:-
(i) a private limited company and partnership; (ii) Co-ownership and partnership;
(iii) Joint Hindu family business and partnership. (r/w Hindu Law)
Q.26. Explain the following statement:-
“The law of partnership is an extension of the law of principal and agent”.
PJS – 2003
Q.27. (i) Whether a suit can be filed by a partnership firm without getting the firm registered and, if
so, in what circumstances?
(ii) Whether a minor can be associated as partner without any capital? If so, explain his
duties, responsibilities and liabilities.
Q.28. In a suit for recovery against Bharat Bhushan and Company, a partnership firm of Bharat
Bhushan and his two sons, the firm and Bharat Bhushan were impleaded as defendants. The suit is
decreed. Bharat Bhushan has no property. Execution of the decree is sought against his sons who
object to the same. Make out a case for the objectors. (r/w IPA)
Q.29. Explain when property in movable goods passes to the purchaser?
145
PJS – 2001
Q.30. Ashok and Hitlar carried on a business of household furniture under the name and style of
Ashoka-Hit Furnitures. The partnership was dissolved in December, 1990 but Ashok continued to
carry on the business under the same. In 1992 ACM Company Ltd., which had not previously dealt
with Ashoka-Hit firm, received an order to supply them with six rooms furniture. The price was never
paid, and the company obtained judgment against Ashoka-Hit Furniture and sought to enforce it
against Hitlar. The only knowledge which the company had of Hitlar was that his name had appeared
on some old headed note paper which had been used by Ashok without Hitlar’s authority in
confirming the order for the purchase of the furniture and which Hitlar had failed to destroy before he
left the firm. The trial Court held him liable against ACM Company Ltd. on the principle of Holding
Out. Hitlar filed the appeal in the appellate Court. The appellate Court reversed the findings of the
trial Court.
On what grounds the findings of the trial Court are reversed by the appellate Court? Decide
with the help of relevant provisions of The Indian Partnership Act and the case law, if any.
Q.31. The firm of Ram-Mohan & Company had two partners – a father and son. The firm was being
passed by a creditor, and there was no money to meet the claim. So, in consideration of the creditor
for giving time to pay it was agreed that an assignment of the book debt to the creditor should be
made. The son consented to, but did not informs his father. The deed of assignment purported to be
made was between Ram & Mohan, trading under the style of firm of Ram Mohan Company. In fact the
father’s name had been forged by the son. Later on the firm became bankrupt, and the trustee in
bankruptcy sought to set aside the deed on the ground that it had been executed by one partner only.
Decide this case stating the law and the decided cases.
Q.32. A & B are the partners of an unregistered firm. The arbitration clause is a part of the contract
between the partners embodied in the partnership deed. A petition under Arbitration Act is filed in
the Court by one partner with the prayer for a declaration that the arbitration agreement contained in
the partnership deed be filed in the Court by the other partner and a reference be made to arbitration
accordingly.
Whether the present petition under the Arbitration Act is a proceeding to enforce a right arising from
a contract as between the two partners of an admittedly unregistered firm? Decide with the help of
relevant provisions of Indian Partnership Act and the case law, if any.
146
PJS – 2000
Q.33. A registered partnership firm was reconstituted and an application was filed with the Registrar
of Firms for recording the changes. Thereafter, the firm entered into a contract with another party
and late filed a suit against that party for breach of contract. The suit was filed through one of its
partners who prior to reconstitution, was partner in his individual capacity and thereafter, as Karta of
HUF. Later, Registrar of Firms recorded the changes as prayed for by the firm with retrospective
recording of changes by Registrar, the reconstituted firm came into existence with effect from the date
of its actual reconstitution. Is the Suit filed by the registered firm maintainable? Answer with
reference to Section of the Indian Partnership Act and case law, if any.
Q.34. The partnership firm consisted of two persons and appellant. Subsequently appellant, due to his
old age, stepped out from the business, foregoing his right to share in goodwill of the firm, and the
other partners agreed to take over the partnership in consideration of setting off losses, if any, from
the business amount, payable towards the share of the appellant, in the goodwill of the firm.
Accordingly, the other two partners and their sons constituted a new partnership firm on 15.2.1970
and continued the same partnership business in the same place and with the same registration
number. On death of one of the two partners in 1972, a Suit was filed by the other partners of the new
firm for dissolution of the firm and rendition of accounts by the appellant. In this connection, it is
pointed out that the new partnership had come into existence, to which admittedly, the appellant was
not a partner; nor did the plaintiffs claim that he was being paid any profits out of the business carried
on thereafter. The High Court on appeal, adjudicated that the old firm did not automatically stand
dissolved unless there was a dissolution and settlement of accounts. Was the High Court justified in
its view? Discuss with reference to Section of the Indian Partnership Act, 1932 and case law, if any.
HJS – 2000
Q.35. “The relation of Partnership arises from Contract and not from status”. Elaborate. How does
Partnership differ from Joint Hindu Family?
Q.36. Examine the rights of the partners in the Contract of Partnership.
(i) Compulsory dissolution of the firm. (ii) Rights of an outgoing partner.
PJS – 1999
Q.38. Three partners, C, M, & N, were indebted to the plaintiff. C retired, M and N continued in
partnership together, and agreed to discharge the debts of the old firm. M afterwards retired, and N
took in a new partner. The plaintiff’s account was transferred from the books of the old firm to the
books of the new partnership and interest was paid, and accounts were rendered to him, as before.
The plaintiff was informed of the dissolution and had stated to one of the retired partners that he was
aware he had no further claim upon him. Decide whether the three original partners remain liable
with reference to provisions of the Indian Partnership Act and case law, if any.
147
Q.39. A, who in his lifetime, had started business of Chemists in the name of B & Bros. died, leaving B,
C, & D, his three sons. B, the eldest continued the business, and C & D, after attaining majority, began
actively participating in its management. Sometime thereafter, the three brothers came to partition
among themselves, by a deed of partition. B continued the business in the old name of B & Bros. in
which C worked on a salary. Question arose whether C would be liable for any subsequent transaction
to any person dealing with the firm, without notice of the separation between B, C, & D, if such third
person had knowledge, that the business of B & Bros. was the business of B, C & D. Decide with
reference to section(s) of the Indian Partnership Act, and case law, if any.
HJS – 1999
Q.40. Examine the correctness of the following statements.
(i) “Registration of firm though not compulsory, is practically necessary”.
(ii) “Partners are bound to be just and faithful to each other”.
Q.41. Discuss the mutual rights and liabilities of partner’s inter se
Q.42. Ram and shyam entered into a contract to carry on wheat business in partnership. The contract
is silent as to the duration of the business. Ram thereafter, denies to carry on business in partnership.
Shyam files a suit for specific performance of contract against Ram. Will he succeed?
PJS – 1998
Q.43. A and B entered into an agreement for doing business in rice to be supplied from India to Russia.
But in order to keep the real nature of the business secret from a shipper in India, made agreement for
the shipping and consignation in separate names, half in the name of A and half in that of B and for
their purchases, draw bills separately in their respective name on C, who owed neither of them any
money, but accepted them with full knowledge of the terms and conditions of the agreement. But
subsequently, when the bills fell due, A met the bills drawn by him but B did not. B became insolvent.
C sued both A & B.
Are A and B liable for the amount? Give reasons in support of your answer with reference to
section(s) of Indian Partnership Act and case law, if any.
Q.44. The plaintiff firm who were managing agents of the defendant company filed a suit for recovery
of the money due to it, consequent on its resigning from managing agency which was duly accepted by
the Board of Directors of the defendant company. The plaintiff firm originally consisted of five
partners and besides them, a minor who was admitted to the benefits of the partnership, through his
mother of the minor. On 24th October, 1949 another deed was executed in which the mother of the
minor was shown as a partner instead of her minor son. The defendants resisted the suit on the
ground inter alia that the plaintiff firm could not maintain the suit as constitution of the old firm which
acted as managing agents of the defendant company had been changed on 24 th October, 1949. From
that date it was stated that the plaintiff firm consisted of six partners including the mother of the
minor. The newly constituted firm, according to Defendant Company, had not been registered.
Is the suit maintainable? Decide.
148
Q.45. A and B carried on a business of household furnishers, under the name of C. The partnership
was subsequently dissolved. But A carried on business, under the name of C. D received an order
from A, under the name of C, for supply of furniture, for six suites. The price was never paid to D. D
obtained judgment against C and sought to enforce it against B. The only knowledge which D had of B
was that his name had appeared on some old headed paper which had been used by C, without B’s
authority, in confirming the order for the purchase of the furniture and which B had failed to destroy,
before he left the firm. Is B liable?
Decide with reference to section(s) of the Indian Partnership Act and case law, if any.
HJS – 1998
Q.46. Sharing of the profits is only a prima facie evidence of the existence of partnership. The conclusive test is
that of mutual agency.
Explain the above statement and refer to decided cases.
Q.47. Determine the existence of partnership in the following situation and give reason in support of your
answer:
A partnership firm was financially embarrassed and therefore, made a compromise with their creditors
B C D & E. Under the compromise the property of the firm was assigned to all the four creditors. They were
empowered to carry on business, to share the profits among themselves, till the debts have been discharged.
Q.48. What do you understand by the implied authority of a partner? Discuss the scope of implied authority and
statutory restrictions thereon?
Q.49. Discuss the situations in which a person who is not a partner infect, is liable as if he were partner. Refer to
statutory provisions and decided cases.
HJS – 1996
Q.50. What are the essential determinants of partnership? Distinguish partnership from a company.
Q.51. “Partnership by holding out is the extension of the doctrine of estoppel”. Explain how can such a partner
save himself from any future liability of such firm?
Q.52. What are the limitations on the implied authority of a partner in a firm? When such authority is
automatically extended and upto what extent
PJS – 1995
Q.53. What do you understand by “implied authority of a partner”? Explain the effect of restriction upon such
implied authority imposed by a contract between the partners.
Q.54. All the partners of a firm are jointly and severally liable personally to third parties qua their act as
partners of the firm. Is there any exception to the above? Explain.
Q.55. What are the rights and liabilities of a person who joins as a partner in a partnership firm already carrying
on business?
149
Sale of Goods Act,

PJS – 2018
Q.1. What are the distinctions, if any, between Sale and Agreement to sell? Illustrate your
answer with suitable examples and judicial decisions. (10 marks)
Q.2. Briefly explain and critically evaluate the nature and scope of the doctrine of necessity with
suitable examples, statutory provisions and judicial decisions. (10 Marks)
Q.3. Ramesh, a leading fruits and vegetable vendor in Kolkata, sent a consignment in containers
with Bright Steamship Company, plying between the ports of Kolkata and Chennai. Ramesh
informed the Captain of the ship, Gopal that the entire consignment would be received the
consignments of Ramesh. After two days, Gopal tried a number of times to contact Ramesh and
his office, but in vain. Three days later, Gopal sold the entire consignment to some other vendor
in Chennai.
(i) Can Gopal’s action be justified?
(ii) Ramesh contacts Gopal after the entire consignments were sold. Knowing that
Gopal has sold his consignments, he seeks to move the court for appropriate remedy.
Can he succeed? Give reasons in the light of statutory provisions and judicial decisions.
(10 Marks)
PJS – 2015
Q.4. Explain and illustrate the maxim “nemo dat quod non habet” with reference to the Sale
of Goods Act, 1930. Are there any exceptions to this maxim?
HJS – 2015
Q.5. What are the rights of an unpaid seller under Sale of Goods Act? How and when can
such rights be exercised? Also state, briefly the consequences of the exercise of such rights by
the unpaid seller.
150
PJS – 2013
Q.6. While going to his office, M walks into a shop to purchase a mobile for himself, having
selected a mobile, he negotiates on the price of the mobile and reaches an understanding with
the shopkeeper for a price of Rs. 40,000/-. The shopkeeper informs M that the mobile would
require some fine-tuning including the configuration of the operating system and installation of
basic software. He tells M that it would take around three hours for doing the same. Both of
them agree that M would make the payment and take the delivery of the mobile same day while
returning from office. The mobile is duly worked upon and is made ready for delivery after
about 3.5 hours. The shopkeeper, however, does not inform M that the mobile is ready but
decides to wait for him to come in the evening. In the meantime, one of the shop attendants
sells the very same mobile to N by mistake. N saw the mobile on the shelf only and apparently
buys it without any knowledge of the earlier transaction by M. Decide M’s and N’s claim on the
goods.
HJS – 2013
Q.7. The right of stoppage in transit beings where the right of lien ends. Comment on this
statement and write a critical note on the duration of transit.
Q.8. Distinguish between the concept of ‘condition’ and ‘warranty’ by referring to the various
implied conditions and warranties under the provisions of the Sale of Goods Act. Assess the
implications of section 62 of the Sale of Goods Act on the concept of implied conditions and
Warranties.
PCS – 2012 (No Qus. Asked)
HJS – 2011
Q.9. What are rights of unpaid seller against goods? How the rights of unpaid seller will vary
in case of part delivery of goods?
PJS – 2010
Q.10. What are the rights of an unpaid seller? How and when can he exercise his right?
Q.11. ‘A’ purchases a hot water bottle from a chemist mentioning the specific purpose for which
he requires it. The bottle while being used by ‘A’s wife burst and ‘A’s wife is injured. What are
the remedies of ‘A’ against the chemist?
151
HJS – 2010
Q.12.Carefully distinguish between a ‘condition’ and a ‘warranty’ and enumerate the
circumstance in which ‘condition’ can be treated as ‘warranty’.
Q.13. ‘A’ contracts to sell a heap of bones to ‘B’, weighs and delivers them at 100 rupees per ton.
‘B’ agrees to take and pay for them on a certain day. Part of the bones is weighed and delivered
to ‘B’. On whose risk does the residue lie?
HJS – 2009
Q.14. B purchases motor car from A which he uses for some months. It turns out that the car
sold by A to B was a stolen one and has to be restored to the rightful owner. B brings an action
against A for the return of the price. Will he succeed? Decide giving reasons.
Q.15. The plaintiff, a butcher bought a carcass of a goat from the defendant, who was a meat
shopkeeper in a meat market. The plaintiff in ignorance of the fact that it was exposed to
tuberculosis offered it for sale. It was seized by a Food Inspector, who adjudged the same as
unfit for consumption and condemned it to be destroyed. The plaintiff was also fined.
Thereafter, the plaintiff fields a suit against the defendant to recover the amount of fine and
damages for breach of warranty under the sale of Goods Acts. The defendant pleaded that by
usage of trade such an implied warranty was excluded. Decide by referring to the provisions of
the Sale of Goods Act and decided cases.
PJS – 2007
Q.16. What are exception of general Rule of Caveat Emptor?
Q.17. Who is unpaid seller? What are his rights?
Q.18. Explain rule pertaining to passing of property in goods?
Q.19. ‘Risk prima facie passes with property’, explain. Is there any exception to this principle?
HJS – 2007
Q.20. Discuss the exceptions to the rule of ‘caveat emptor’ under the Sale of Goods Act.
152
PJS – 2006
Q.21. X sold 2,000 gross of “200 yds. Reels” of sewing cotton on the stipulation that if Y, the
buyer, did not take any objection within 14 days of the receipt of goods, the goods would be
deemed in all respects to be in accordance with the contract. No objection was raised in the first
14 days of the arrival of goods but 18 months after delivery goods were found to be short in
quantity, the length per reel being on an average 6% short. Y sued X for damages. Decide.
Q.22. A car was advertised by the seller as “Herals 1961”. The buyer answered the
advertisement, inspected the car and bought it. Later he discovered that the rear half of the
vehicle was part of a 1961 model, but the front half was part of an earlier model. The buyer
kept the car, and brought an action for damages for breach of condition of sale by description.
The seller contended that the sale was of a thing to be seen by the buyer. Decide.
HJS – 2006
Q.23. When is a carrier presumed to be the buyer’s agent to take delivery of goods from the
seller? (see S. 23 & 39)
Q.24. The defendant contracted to purchase 300 liters of apple juice from the plaintiff who
crushed the apple and kept the juice ready for delivery. The defendant did not take the delivery
in time and delayed taking delivery. The juice went putrid and had to be thrown away by the
plaintiff, though he was in a position to sell the goods elsewhere. But the plaintiff had not done
so. Was the defendant liable to pay the price? (See S. 26)
Q.25. Under a contract of sale of 100 barrels of rum made from molasses, 50 barrels were
delivered. The buyer pressed for delivery of the remainder but the seller delayed. In the
meantime, distillation of spirits from molasses was prohibited by an Act of Parliament and all
contracts for the sale of such spirits stood annulled. Is the seller liable in damages as having
failed to deliver the remaining 50 barrels of rum? (See S. 36)
PJS – 2003
Q.26. A agreed to sell his car to B for Rs. 1,40,000/- in response to an advertisement issued by A.
B paid Rs. 1,00,000/- at the time of agreement and promised to pay the balance amount the
following day. B requested A to deliver the car without receiving full payment as he had an
important function to attend in the evening. A delivered the car to B. B, after driving car for a
day contacts a on the next day with the request to take back the car on the ground that it is a
defective piece and that A had not disclosed that the car had earlier met with an accident and
demanded the return of Rs. 1,00,000/-. A files suit for the balance price. B files a counter claim.
Decide.
Q.27. M/S steel Authority of India (SAIL) has dispatched a rack of steel ingots. F.O.R. to a firm at
Mandi Gobindgarh against Letter of Credit. It weighed 2040 tons at Rourkela. The goods when
delivered at Mandi Gobindgarh weighed 1705 tons. Thus, it was either a case of short loading or
pilferage. The bank on the basis of Letter of Credit released the payment to SAIL. Explain who
shall file claim for the loss of goods and why?
153
HJS – 2003
Q.28. Distinguish between sellers’ right of lien and stoppage of goods in transit.
Q.29. ‘X’, left his motor car with a mercantile agent and authorized him only to receive offers
and not to sell. The agent obtained the possession of the registration book without X’s consent
and quickly sold the car to the defendant, ‘Z’, can ‘Z’ acquire a good title to it? Discuss.
PJS – 2001
Q.30. A sells sulphuric acid to B as commercially free from arsenic. B uses it for making glucose,
which he sells to brewers, and the persons who drink the beer made by the brewers are
poisoned. A does not know the purpose for which the acid is required. B filed a suit against A
for the breach of warranty and claimed the price of the acid, the value of the beer spoiled and
the damages which he paid to the brewers and the damages for injury to the goodwill of his
business. A contested the suit on the ground that he was not told by B, for what purpose the
sulphuric acid was to be used.
Decide the suit of B by framing the issues, with the help of relevant provisions of law and
decided case law.
Q.31. AB Traders placed an order to Siya Ram Steels for the supply of Iron Bars with the
condition to send the same through Punjab Road Carriers on a specified date. Siya Ram Steels
called a truck from Punjab Road Carries at their factory and loaded the required Iron Bars in the
said truck as per the condition. On the way to AB Traders, the said truck met with an accident
and the Iron bars were also destroyed in the said accident. Siya Ram Steels filed a suit for the
recovery of the price of Iron Bars against AB Traders which was contested on the ground that
actually they did not receive the contracted Iron Bars, so they are not liable to pay any amount
to Siya Ram Steels towards the alleged supply of Iron Bars.
Decide the suit of Siya Ram Steels with the help of relevant provisions of the Sale of
Goods Act and the case law, if any.
PJS – 2000
Q.32. The respondent company placed an order for supply of Copra (dry coconut) from State of
Kerala to Hyderabad (State of Andhra Pradesh) by lorry, with the appellant. The dispatch was
at the risk of the respondent-purchaser. The stocks also were got insured by the respondent.
Weighment of the stock at Hyderabad was done for respondent’s satisfaction. Did the property
in goods pass and sale took place in State of Kerala or Hyderabad? Answer with reference to
provisions of Sale of Goods Act and case law, if any.
Q.33. Is the auction sale voidable at the option of the buyer if the seller makes use of pretended
bidding to raise the price?
154
Q.34. The appellant, Food Corporation of India, invited tenders for stocks of damaged
foodgrains in accordance with the terms and conditions contained in the tender notice. The
respondent tender’s bid was highest, but the appellant being not satisfied about the adequacy of
the amount offered in the highest tender, instead of accepting any tenders submitted, invited all
the tenderers to participate in the negotiations. The respondent refused to revise the rate
offered in its tender. In the negotiation, the appellant was offered an excess amount of Rs. 20
lacs. The respondent filed a Writ Petition in the High Court challenging the appellant’s refusal to
accept the highest tender submitted by it, claiming that the appellant having chosen to invite
tenders, it could not thereafter, dispose of the stocks of damaged foodgrains by subsequent
negotiations, rejecting the highest tender on the ground that a higher bid was obtained by
negotiations. This action of the appellant was alleged to be arbitrary and unreasonable. The
High Court accepted the contention of the respondent and allowed the Writ Petition. Was the
High Court justified in allowing the Writ Petition? Answer with reference to Section of the
Indian Contract Act, 1872 and Sale of Goods Act, 1930 and case law, if any.
HJS – 2000
Q.35. Enumerate the essential of a contract of sale. How does contract of sale differ from
agreement to sell? Refer to decided cases.
Q.36. What are the effects of goods perishing sale but after agreement to sell?
(i) Sale and Hire purchase. (ii) Sale and Barter.
PJS – 1999
Q.38. A sharebroker having sold in Bombay, shares in a company, handed to the buyer
certificates for the shares described together with transfers in blank, signed by the registered
holders. The buyer gave a cheque for the price but dishonoured it and failed to pay. The buyer
in the meantime, had sold the shares to the respondents and handed over to them, the
certificates and transfers. The seller sued the buyer and the respondents: he claimed from the
respondents, the return of the certificates and transfers and damages. Decide with reference to
section(s) of the Sale of Goods Act, and case law, if any.
Q.39. On the bargain for the purchase of a horse, the horse was delivered to the buyer trial for
eight days, the agreed price being Rs. 5,000/-. If found suitable for the intending buyer’s
purposes, the bargain was then to be absolute. The horse died without fault in either party,
within eight days. Decide whether the intended buyer is liable to the price with reference to
section(s) of the Sale of Goods Act, and case law, if any?
Q.40. Defendants who were Warehousemen, held 618 quarters of maize belonging to A, who
sold 200 quarters thereof, to B and gave him a delivery order which B lodged with the
155
defendants. The defendants did not object to the order, nor did they make any
acknowledgement to B of its title. Shortly afterwards, before any appropriation of the 200
quarters had taken place, A, as unpaid vendor, put a stop on delivery. Can A put a stop on
delivery in the case? Decide with reference to section(s) of the Sale of Goods Act, and case law,
if any.
Q.41. The plaintiff bought a motor car from defendant and used it for several months; after
some months, it appeared that the defendant had no title to it, and plaintiff was compelled to
surrender it to the true owner. On plaintiff suing the defendant to recover back the purchase
money, the defendant argued that the plaintiff had the use of the car for the sometime, hence he
was not entitled to get back his money. Decide whether the defendant is liable to the price with
reference to section(s) of the Sale of Goods Act, and case law, if any.
HJS – 1999
Q.42. What do you understand by the expression “Caveat Emptor”? What exceptions have been
admitted to the scope of this principles? Is it true to say that the exceptions have converted the
rule into “Caveat Venditor”?
PJS – 1998
Q.43. A, the holder of the bill of lading, re-sells the goods to B who pays the money. Does B
acquire interest in the goods?
Has the original seller any right of stoppage in transit? Give answer with reference to
section(s) of the Sale of Goods Act and case law, if any.
Q.44. A delivers goods to B for resale in U.K. and the price was fixed in the contract of the sale.
The contract fixed the quality of goods on seller and time was made essence of it.
Is B a del credere agent of A? Was it a contract of sale or agency? Is del credere agent
liable to indemnify the seller if owing to insolvency of the buyer or other analogous cause, the
seller is unable to recover the price? Give reasons in support of your answer with reference to
section(s) of the Sale of Goods Act and case law, if any.
Q.45. Six specific stacks of oats had been sold by A to B, to be paid for, on July 16, 1998. A
afterwards, told B that if he failed to pay on the very day, he should not have the oats. B did not
pay on July 16, 1998, but tendered the price shortly afterwards. A, however, subsequently sold
the oats to another person.
Was A justified in repudiating the contract? Decide the case with reference to section(s)
of the Sale of Goods Act and case law, if any.
156
HJS – 1998
Q.46. Explain the provisions relating to unpaid seller's lien and stoppage in transit?
Q.47. A purchases a hot water bottle from a chemist mentioning the specific purpose for which
he requires it, The bottle, while being used by A's wife bursts and A's wife is injured. What are
the remedies of A against the chemist?
Q.48. A purchased rice from B being the whole content of a godown. A had paid earnest money
and had taken delivery of a part of rice. Before the rest could be taken away, it was destroyed
by fire. Who will bear the loss?
HJS – 1996
Q.49. Answer the following referring to relevant provisions of law and reasoning:-
Q.50. A agree to sell to B 100 bags of flour which are in his store room. Before the date of
delivery the store room of A got flooded with water? Consequently the 100 bags of flour get
destroyed. Does B have any right against A?
Q.51. A sells a scooter to B. When B goes out with the scooter he is arrested by the police on the
charge of keeping stolen property; as the scooter belongs to C. Can B sue A and for what
remedy, if any?
Q.52. A was shopping in a super market he picked up a bottle of soft drink from a shelf with
intention to buy it. While he was examining it, the bottle exploded in his hand and injured him.
A sued both the management of the super market and the company which had bottled the drink,
to recover damages for breach of condition arising from the sale of food. Will he succeed?
Q.53. A delivers a jewellery to B on approval specifying that in case of non-acceptance it should

be returned within 15 days. B begins to use the jewellery without communicating his
acceptance. After 10 days the jewellery is stolen from B’s house. Can A recover the price of
jewellery from B?
PJS – 1995
Q.54. Explain the rules pertaining to passing of property in goods.
Q.55. X agreed to purchase 50 quintals cotton from Y out of a larger stock. X sent his man with
sacks and 30 quintals of cotton were put into the sacks. The entire stock was destroyed in a fire.
Who will bear the loss?
157
Transfer of Property Act, 1882

PJS – 2018
Q.1. What are the kinds of mortgage of immovable property under the Transfer of Property Act,
1882? Briefly explain the same with suitable examples and judicial decisions. (10 marks)
Q.2. What critical short note on the following:
(i) Lis pendens (Hint: - S.52 TPA) (ii) Part performance (10 Marks)
PJS – 2015
Q.3. As a general rule the transferee must be in existence at the time of transfer under the
Transfer of Property Act, 1882. Critically examine if there are any exceptions to this rule.
PJS – 2013
Q.4. A is the father of B. A is big industrialist who has a very successful business of mining. B
has never been very bright since childhood and showed no great sign of business acumen. Over
a period of time difference grew between A and B which led to B leaving the house of his father
and settling independently. B married C which A did not approve of as C belonged to a poor
family Years passed and B was never able to secure financial stability. When his wife fell
severely ill, he swallowed his ego and approached A for financial help. A taking pity on his son
decided to transfer the ownership of a hotel of his to B. The hotel is gifted to B on the condition
that if B is not able to run the hotel properly or encounters insolvency, he will not be entitled to
the ownership of hotel anymore and the same will go back to A. B miserably failed in running
the hotel and his debts kept on increasing. Within a year, he applied for bankruptcy. Upon this
A has approached the court for getting the ownership of the hotel back from B under Section 31
and 32 of the Transfer of Property Act. B’s creditors are objecting to the same as it would
impair their remedies to recover their debt. Decide the case.
Q.5. A owns land X which spreads over 100 acres. B wants to purchase the airspace over the
said land for a sum of Rs. 50 lakhs. B contends that the airspace over the land X is within the
definition of immovable property and thus there should be no problem in the transaction.
Assess the contention of B and the legality of the transaction.
PJS – 2012
Q.6. ‘A’ a coparcener having incurred debts in connection with a business connected in his
individual capacity sold Joint Family Properties for inadequate consideration and his brother
coparcener ‘B’ only joined him in executing the sale. Does the transaction bind the nephews of
‘A’ (who are sons of ‘B’)? Is the transaction of sale void even against the sons of ‘A’.
Qus. r/w TPA & HSA
158
HJS – 2011
Q.7. What is the impact of the Property Laws (Amendment) Act, 2001, which amended the
Registration Act as well on Section 53-A of the transfer of Property Act?
PJS – 2010
Q.8. What is the doctrine of part performance? Discuss with reference to statutory provisions
and case law. (Cross check S.12 SRA also)
Q.9. Writes short note on the following:-
(i) ‘Once a mortgage always a mortgage’.
(ii) Tenant holding over.
PJS – 2007(No Qus. Asked)
PJS – 2006
Q.10. Discuss the various rules regulating the passing of property in case of ‘specific good’ in a
contract of sale of goods.
Q.11. A has a wife B, and daughter C. In consideration of Rs. 500/- paid to C by A, C executes a
release of her right to share in the inheritance to A’s property. A dies, but C claims her share in
the inheritance. B resists the claim, and sets up as a defence, the release signed by C. Will B
succeed?
Q.12. A husband entered his land in the revenue records in his wife’s name and went on a
pilgrimage. Before his departure, he had allowed her to mortgage the land. After his departure,
she sold the land, and the buyer paid off the mortgage. On his return, the husband wished to
recover the land or redeem the mortgage. Can he do so?
Q.13. A, B, C and D effected a partition of joint family property, and agreed that if any one of
them should have no issue, he would have no power to sell his share, but should leave it for the
other shares. A sold his share and died without issue. Can B, C and D sue to recover the share?
159
Q.14. Urmila has right to maintenance out of an estate, a part of which has been transferred by
way of gift to Kavita. What remedy, if any, Urmila has?
Q.15. State whether or not the disposition of properties by gift or will for the benefit of unborn
person is valid? State the law.
Q.16. Whether lease of shop for one year requires registration? (r/w IRA)
Q.17. Whether transfer of standing trees of value Rs. 100/- or upwards can done without
registration? (r/w IRA)
Q.18. Whether hiba-bil-iwaz in writing is compulsorily registrable? (r/w IRA)
HJS – 2006(No Qus. Asked)
PJS – 2003
Q.19. Whether is the doctrine of Part Performance? Discuss with reference to statutory
provisions and case law.
Q.20. Under what circumstances conditional transfer of property under the Transfer of
Property Act, 1882 becomes void? Discuss with reference to statutory provisions and case law.
HJS – 2003
Q.21. What are the different documents of which registration is compulsory? Mohd. Yashin
gifted his dwelling house to his wife orally. Both were residing in the house. After one year, he
executed a deed stating the fact of gift of the house to his wife. The deed was not registered.
Whether gift was valid? (IRA + TPA)
160
PJS – 2001
Q.22. The vendee paid the larger amount of the consideration for sale of a house and promised
to pay the remaining amount after some time. The vendor believing him executed the sale deed
in his favour and got it registered and also handed over the possession of the house to him and
like this the title was passed in favour of the vendee. But the vendee failed to pay the remaining
amount of the consideration of sale within the agreed period. The vendor filed a suit against
vendee in the Court for the possession and to declare the sale deed null and void.
Can the suit of the vendor be decreed against vendee in the said form or you advise him
to file some other suit? Decide with the help of relevant provisions of law and the decided cases.
Q.23. Mortgagor’s equity or redemption happens to have vested by the purchase, in a person
who is also a prior mortgage, and that person as the owner of the equity of redemption brought
a suit to redeem a puisne mortgage. The puisne mortgagee also wants to redeem the prior
mortgage and he also filed a suit for redemption of prior mortgage.
Whose right shall be preferred by the Court and on what ground? Decided with the help
of relevant provisions of law and the case law, if any.
Q.24. A Hindu testator devised some property in his two sons to be divided equally with a
condition that if any of them will try to sell his share or to part with possession of his share
within an initial period of 10 years after his death, he shall lose his share and thereupon the
entire property shall devolve on the other son. One son let out two rooms out of his share to a
tenant after 6 years of the death of his father. Does his share forfeited by this Act? Decide with
the help of relevant provisions of Transfer of Property Act and the case law, if any.
HJS - 2001(No Qus. Asked)
PJS – 2000
Q.25. The Delhi Development Authority auctioned in 1985, as a developed plot, a plot
measuring 162 sq. meters, with two sides open. The respondents were the highest bidders and
the auction was closed in their favour. Thereafter, they deposited Rs. 81,250/- which was 25%
of the bid amount. Meanwhile, an PIL was filed by a third party, contending that the plot was
not actionable because it was situated in a green belt. An ad interim Writ staying the auction
was issued by the High Court, but was not brought to the notice of the Vice-Chairman, DDA, the
competent authority for the purpose of accepting to the respondent. The respondents filed a
Writ Petition before the High Court of Delhi, seeking an order directing the DDA, to finalise the
auction sale proceedings and hand over possession of the plot. The High Court directed vide
order dated 1.8.91 that, since the respondents were in no way at fault, and an expectation had
been built up in their favour, the DDA must provide respondents with an alternative plot of the
same size and price and in the same locality. The DDA filed Special Leave Petition against this
Order, before the Supreme Court of India. In 1994, while the appeal was pending, the Zonal Plan
was modified and the plot put back in the residential Zone. Before the Supreme Court, the
respondents contended that on the basis of Doctrine of ‘Feeding the Grant by Estoppel’ as set
out in Section 43 of the Transfer of Property Act, the DDA should be directed to finalise the
161
auction sale or provide an alternative plot as held by the High Court. Decide with reference to
case law, if any.
Q.26. The Suit property was leased in favour of ‘A’, by the owner by executing lease deeds.
Thereafter, usufructuary mortgage deed was executed in favour of S, wife of A. Both husband
and wife were living together and continued to do so till death of husband A. From the recitals
in the Mortgage Deeds, it was apparent that the parties unequivocally and without any
reservations, intended that the leasehold rights of A would be kept alive despite execution of the
usufructuary mortgage. After death of ‘A’, lessee, a suit was filed for redemption of mortgage
property. A preliminary decree for redemption under Order 34 Rule 7 Civil Procedure Code was
passed by the Court of Munsif taking the view that the lessee’s right would merge at the time of
execution of the mortgage deed. An appeal was allowed, holding that there was no merger of
the lease and the mortgage. However, a second appeal was allowed by Single Judge of the High
Court, restoring the preliminary decree for redemption of the mortgage. Was the High Court
justified in restoring the preliminary decree for redemption of the Mortgage? Answer with
reference to Sections of the Transfer of Property Act and case law, if any.
HJS – 2000
Q.27. Discuss rule against perpetuity with illustrations.
PJS – 1999
Q.28. One R was a tenant on a year-to-year basis under a company in respect of part of an
estate. By an oral agreement, the company granted to one M, the right to catch and kill rabbits
on the said estate for one year on receipt or Rs. 7,000/-. R kicked out the snares laid by M and
prevented M from exercising his right of rabbiting. M prayed to the Court for an injunction and
damages. Decide with reference to provisions of Transfer of Property Act, 1882 and case law, if
any.
Q.29. A house was bequeathed by Will to testator’s wife for life (without any maintenance
amount) and after her death, to his son. After testator’s death validity of the Will conferring
right to the widow, was disputed by the son on the basis of another Will, where under house
was given to the son alone. Later a settlement was arrived at, between the widow in lieu of her
right of residence in the first floor of the house and a monthly cash maintenance for life. Will the
settlement tantamount to a transfer under the Transfer of Property Act, 1882? Answer with
reference to provisions of Transfer or Property Act, 1882 and case law if any.
162
Punjab Courts Act

PJS – 2018
Q.1. Is there any provision relating to second appeal under the Punjab Courts Act, 1918? Briefly
explain the same with suitable examples and judicial decisions. (10 Marks)
HJS – 2015
Q.2. Objective of the Punjab Courts Act, 1918
HJS – 2013
Q.3. Decide as to the Court in which appeal shall lie in case of the following decrees:-
i. A decree in 1960 where the original suit is valued at Rs. 4,000/-?
ii. A decree in 2007 where the original suit is valued at Rs. 2,50,000/-?
PCS – 2012
Q.4. Can a Government employee or a legal practitioner be granted license as a petition-writer?
Whether a licensed petition-writer can engage himself in business or trade? If so, on what
conditions?
HJS – 2011
Q.5. Explain the circumstances along with relevant provisions of the Statute as to when the Civil
Court may order a licensed petition-writer to re-write any petition written by him?
PJS – 2010
Q.6. Is an Additional District Judge to whom the appeal is made over for disposal, by the District
Judge under the Public Premises Act, competent to hear the appeal? (refer - Public Premises
Act,1971)
163
HJS – 2010
Q.7. Can the functions of receiving and registering cases and appeals be assigned to Additional
District Judge and if so, by whom?
Q.8. Who may define the local limits of Civil Judges (Sr. Division) and Civil Judges (Jr. Division)?
Give your answers with the aid of illustrations.
HJS – 2009
Q.9. There is an apprehension that there may not be a fair trial in the jurisdictional Court where
the cause of action has arisen? Can the place of sitting of the Court be transferred beyond the
jurisdictional Court under the provisions of Punjab Courts Act, 1918?
PJS – 2006
Q.10. Is the Additional District Judge competent to hear an appeal where the appeal under the
Public Premises Act is made over for disposal by him by the District Judge?
(refer - Public Premises Act,1971)
Q.11. Is there any difference between Subordinate Judge’s Court and Subordinate Judge of First
Class? Explain.
PJS – 2001
Q.12. Can a Subordinate Judge hear the appeals from the decree or orders of other Subordinate
Judge, under the Punjab Courts Act?
Q.13. Who can distribute the business to Civil Courts in Punjab Courts Act?
Q.14. In what cases a Subordinate Judge can exercise the powers of a District Court under the
Punjab Court Act?
Q.15. Who is empowered to appoint Special Judges and the benches under the Punjab Courts
Act?
164
PJS – 2000
Q.16. The plaintiffs filed a suit for mandatory injunction directing defendants to demolish construction
and vacate illegal and forcible possession of the property. No documentary evidence, however, was
produced by the plaintiffs, showing that they were in possession of the property. The Suit was dismissed
by the trial Court. But, the first appellate Court decreed the Suit on the basis of erroneous conclusion that
the Sale Deed in favour of second defendant was invalid without there being any issue to that effect and
without the vendee in whose favour, the sale deed was plea was executed, being parties to the Suit, and
that jamabandi was forged and fabricated when no such plea was raised raised by the plaintiffs and there
was no evidence to that effect. The whole approach of the first appellate Court was based on suspicion
and bias. In a second appeal, the High Court. Was the High Court justified in interfering with the
judgment of the first appellate Court? Answer with reference to the provisions of Punjab Court Act, 1918
and case law, if any.
Q.17. Can the District Sessions Judge make appointment to ministerial post in the office of the Judge,
small Cause Court?
Q.18. Does the ‘appointment’ refer to both initial recruitment and subsequent promotion under Section
35(1) of the Punjab Courts Act, 1918?
PJS – 1999
Q.19. In a suit for permanent injunction, restraining the defendant from interfering with the suit land, the
first appellate court held that sale deed of suit land was invalid, without there being any issue to that
effect and without vendee, in whose favour the sale deed was executed, being party to the suit. The first
appellate court also gave a finding that the plaintiff was in possession of the suit land, when there was no
such evidence on record. Whole approach of Court was found to be based on suspicion and bias against
the defendant. Could defendant go in a second appeal to the High Court? If so, under what section of the
Punjab Courts Act? Quote case law, if any.
Q.20. Will the delegation of certain limited appellate powers under Section 39 of the Punjab Courts Act to
Senior Sub-Judge and powers given by the delegation to appoint menials or to punish under Rule (ix) of
Rules framed under Section 35(3) of Punjab Courts Act, equate him to that of District Judge or Addl.
District Judge?
PJS – 1998
Q.21. Is the Senior Subordinate Judge Court the same as that of the Subordinate Judge of 1 st class?
Q.22. Can a finding that the parties are governed by custom on one hand or their personal law on the
other, be challenged in appeal? (r/w CPC)
Q.23. Is an Additional District judge, to whom the appeal is made over for disposal, by the District Judge
under the Public Premises Act, competent to hear the appeal? (r/w Public Premises Act, 1971)
HJS – 1998, 1996, 1995 (No Qus. Asked)
165
Haryana Urban (Control of Rent and

Eviction) Act, 1973
HJS – 2015
Q.1. ‘The Rent Act regulates the incidence of tenancy and inter se rights and obligations of the
landlord and tenant.’ Comment in the light of the provisions of the Haryana Urban (Control of
Rent and Eviction) Act, 1973.
HJS – 2013
Q.2. Pursuant to a dispute between ‘A’, the landlord and ‘B’, the tenant, ‘B’ approaches the
Controller for fixing the fair rent for the rented building on 10.09.2011. After considering the
case, the Controller fixed the fair rent of the said building to be Rs. 12,000/- on 08.10.2011. ‘B’
dies on 20.10.2011. ‘C’, B’s son disputes the decision of the Controller on two grounds:-
i. The decision is as between ‘A’ and ‘B’. Thus it is not binding on ‘C’.
ii. Even if the decision is to take effect, the rent of Rs. 12,000/- is payable only from
08.10.2011.
Determine the validity of these two contentions.
Q.3. The idea of ‘landlord’ has been approach with pragmatism and not with the rigid rules of
ownership’. Respond to the above statement.
HJS – 2011, 2010, 2009, 2007, 2006, 2003, 2001, 2000, 1999, 1998, 1996 (No Qus. Asked)
166
Punjab Urban Rent Restriction Act, 1949

PJS – 2018
Q.1. Under what circumstances can a tenant be evicted under the East Punjab Urban Rent
Restriction Act, 1949? Briefly explain the same with suitable examples and judicial decisions.
(10 Marks)
PJS – 2015
Q.2. ‘The Rent Act regulates the incidence of tenancy and inter se rights and obligations of the
landlord and tenant.’ Comment in the light of the provisions of the East Punjab Urban Rent
Restriction Act. 1949.
PJS – 2013
Q.3. M and N entered into an agreement for the tenancy of the house of M. The fair rent as fixed
earlier in relation to the house by the Rent Controller was Rs. 20,450/-. The tenant in relation to
which the fair rent was fixed was O. Under the agreement between M and N, M stipulated that
he dis to be paid 6 months’ rent in advance. N agreed to the same and undertook to pay the
same within one week of taking possession of the house but taking possession of the house, N
contended that M is not entitled to claim more than months advance rent. Decide the dispute.
PJS – 2012
Q.4. What are the attributes of a valid Tender of Rent? Can the Rent be tendered through post
or money order?
PJS – 2010
Q.5. What are the condition required for a Non-resident Indian to invoke the provisions of
Section 13-B of the East Punjab Urban Rent Restriction Act, 1949. Discuss in light of the leading
judgment of the Supreme Court on this aspect. Can the time prescribed for a tenant seeking
leave to defend in a petition under Section 13-B be extended or not? Comment with reference
to case law.
Q.6. ‘A’ a landlord seeks eviction of his tenant ‘B’ from the premises on account of non-payment
of rent. ‘B’ disputes the rate of rent as claimed by ‘A’. The Rent Controller orders ejectment
without making any provisional assessment of the rent of the ground that on the first date of
hearing ‘B’ did not deposit the rent. Is the said ejectment order is valid? Discuss in the light on
the latest case law.
167
PJS – 2006
Q.7. Is a tenant bound by an eviction order even if he is not a party in the case decided under the
provisions of the East Punjab Urban Rent Restriction Act, 1949?
PJS – 2001
Q.8. The shop in question was let out by the landlord to Shri Pritam Singh. Three years back
Pritam Singh died and his legal heirs occupied the said shop. The landlord filed an eviction
petition against the L.Rs. of late Shri Pritam Singh on the ground that the L.Rs. of Pritam Singh
have ceased to occupy the said shop without any cause since the death of original tenant Pritam
Singh. The contention of the L.Rs. of Pritam Singh is that plea non-occupation of the premises is
incorrect. The landlord led the evidence of a draftsman who said that he went at the shop but
found it closed. In his cross-examination he said that he is seeing the shop closed almost daily.
The other witness of the landlord is a postman who deposed that he had been delivering the
post to Shri Pritam Singh examined himself in rebuttal and said that he is running his business
in the said shop since the date of death of Pritam Singh. In cross-examination he said that he
has no electric meter at the shop.
Under the above stated facts write a judgment on the petition of eviction filed by the
landlord against the LRs of Pritam Singh, with the help of relevant provisions of East Punjab
Urban Rent Restriction Act, 1949 and the case law, if any.
Q.9. Kartar Singh is a tenat in the house of Ms. Atma kaur for a monthly rent of Rs. 500/-. Ms.
Atma kaur filed an eviction petition against Kartar Singh in the Court of Learned Rent controller,
Bhatinda on the ground of non-payment of rent of 4 months besides house-tax. A notice was
stated to have been served regarding the enhancement of rent on account of the house-tax.
Kartar Singh contended that the landlady has refused to accept the rent for the last 4 months
and is demanding the enhanced that the landlady has refused to accept the rent for the last 4
months and is demanding the enhanced rent on the ground that Kartar Singh rent for the last 4
months and is demanding the enhanced rent on the ground that Kartar Singh alone is living in
the demised premises, so he was to pay the house tax also. Kartar Singh deposited the rent of 4
months in the Court on the first date. The eviction petition was allowed by the Rent Controller.
Kartar Singh preferred an appeal against his eviction before the Learned Appellate Authority,
Bhatinda who dismissed the appeal on the ground of devoid of merits. Kartar Singh then filed
the revisions petition before the Punjab & Haryana High Court. The Hon’ble Court allowed the
revision and set aside the order of eviction.
Is the Hon’ble Punjab & Haryana Court justified in allowing the revision petition?
Answer with reference to the relevant provisions of East Punjab Urban Rent Restriction Act,
1949 and the case law.
168
PJS – 2000
Q.10. In 1967, the appellant-landlord had let out the premises to the respondent-tenant. In
1991, after retiring from service, the appellant-landlord filed an application under Section 13-A
of the East Punjab Urban Rent Restriction Act, seeking eviction of the tenant on the ground of
being a specified landlord under Section 13-A and also for personal need. The Rent Controller
allowed the application finding that the landlord was a specified landlord and the premises had
been let for residential purpose. It was a fact that the tenanted premises were being used to run
a school. The tenant filed a revision application under Section 18-A(8) of the aforesaid Act,
before the High Court which set aside the finding of the Rent Controller on the purpose of
letting. The High Court instead, held that rent receipts showed that the letting was for non-
residential purposes and set aside the order of eviction. Was the High Court justified in setting
aside the finding of the Rent Controller on the purpose of letting? Answer with reference to
provisions of E.P. Urban Rent Restriction Act, 1949 and case law, if any.
Q.11. The appellant-landlord filed an eviction petition against the two respondents on the
grounds, inter alia, of subletting that respondent No. 1, R, had sublet the tenanted premises, a
shoo, to respondent No. 2, K. It was admitted that R and K were brothers, and that R being
involved in certain criminal proceedings, had absconded for quite sometime. The Rent
Controller allowed the petition and ordered eviction. The appellate Court dismissed the
tenant’s appeal. The High Court allowed the tenant’s revision. Was the High Court justified in
allowing the tenant’s revision? Answer with reference to provisions of the East Punjab Urban
Rent Restriction Act, 1949(3 of 1949) and case law, if any.
PJS – 1999
Q.12. Notification dt. 22.10.1971 was issued under Section 3 of East Punjab Urban Rent
Restriction Act, 1949, exempting “every building constructed during 1968, 1969, 1970 from the
provisions of the said Act, for a period of 5 years from the date of completion”. A house was
completed anew in December, 1968. The eviction suit had been filed in 1976. Will the
exemption from the Rent Act, be available in this case? Decide with reference to the provision of
the East Punjab Urban Rent Restriction Act, 1949 and case law, if any.
Q.13. Chandigarh Administration leased a plot of land to A, who constructed a building on it for
use as a showroom. A inducted B as tenant for the purpose of running a showroom-cum-office.
B made some unauthorised constructions and put up some machines without written
permission of A. Can B be evicted? Answer with reference to provisions of East Punjab Urban
Rent Restriction Act, 1949, and case law, if any?
169
Hindu Marriage Act, 1955

Schools & Background of Hindu Law
PJS – 2018
Q.1. What are the differences between Mitakshara and Dayabagha School? Briefly explain the
same with illustrations. (10 Marks)
Q.2. What are the procedures followed in fixing the permanent alimony and Maintenance?
How is it quantified? Briefly explain the same with suitable illustrations. Statutory provisions
and judicial decisions. (15 Marks)
Q.3. Briefly explain the important features of Special Marriages Act, 1954 and its relevance
today. (15 marks)
Q.4. Briefly explain and critically evaluate the legitimacy of children born out of void and
voidable marriages in the light of statutory provisions and judicial decisions. (15 Marks)
Q.5. Explain the meaning of ‘void’ and ‘voidable’ marriages under the Hindu Marriage Act, 1955
with suitable examples. What are the distinctions between the void and voidable marriages?
Discuss these aspects in the light of Judicial decisions. (15 marks)
Q.6. What are the grounds of divorce under the Hindu Marriage Act, 1955? Briefly explain the
same with suitable illustration. Statutory provisions and judicial decisions. (10 Marks)
Q.7. What is meant by mediation? What is the role and impact of mediation in family Courts?
Briefly explain the same with suitable illustration. Statutory provisions and judicial decisions.
(15 Marks)
PJS – 2015
Q.8. “…Marriage as an institution has great legal significance and various obligations and duties
flow out of martial relationship…. Marriage, therefore, involves legal requirements of formality,
public, exclusivity and all the legal consequences flow out of that relationship.” Supreme Court
in Indra Sharma (2014). Expound this statement in the light of the relevant provisions of the
Hindu Marriage Act, 1955 (as amended).
Q.9. H, the husband, petitioned for divorce on grounds of cruelty and adultery against his wife,
W. However, compromise took place before the Lok Adalat, which passed an award’ of
restitution of conjugal rights in favour of H. In pursuance of this award, H visited the house
170
where W was staying. W expressed her inability to come along with him on the said date on
account of death of a child in her sister’s family, who was residing in the same house.
Thereafter, H made no since efforts to bring W back as per award of the Lok Adalat, After the
statutory period of one year is over after passing of the award of restitution, H applies for
decree of divorce under section 13(1A)(ii) of the Hindu Marriage Act, 1955. W resists under
Section 23(1)(a) of the said Act by laid down by the apex court I a catena of judicial decisions.
Q.10. A marriage was solemnized between H and W in 2005. A son S was bom out of this union
despite the ensuing marital conflict. H filed a petition for restitution of conjugal rights as against
the wife under the relevant provisions of the Hindu Marriage Act (HMA). During the pendency
of this litigation, H discovered that W had an earlier marriage in 1998; that is seven years prior
to the solemnization of the present marriage, she was married with someone else and the same
was registered under the relevant Hindu marriage registration rules. H files a petition praying
for a decree of nullity under the provisions of HMA on the ground that his consent to the present
marriage by W was obtained by fraud as she suppressed the fact of being earlier married and
made him believe that it was her first marriage.
(a) Is the husband entitled to decree of nullity on ground of fraud against his wife under
Section 12 of HMA?
(b) Is the wife in voidable marriage annulled under Section 12 of the HMA entitled to
claim maintenance under Section 125 of Cr.P.C.?
(c) Can the statutory compassion in favour of women in distress in a terminated

marriage persuade the courts to bring such women in an annulled marriage within the
sweep of tife definition of deemed wife in Explanation (b) to Section 125 Cr.P.C?
HJS – 2015
Q.11. What is the concept of marriage under the Hindu Marriage Act, 1955 and how it is
different from relationship, which is ‘in the nature of marriage’?
Q.12. Can a woman admittedly in a void marriage claim maintenance against her husband
under Hindu Law?
Q.13. What do you understand by the expression,”Joint Hindu Family governed by the
Mitakshara Law”?
171
PJS – 2013
Q.14. Study the facts described below and answer the given questions:-
(i) Riddhi and Rajesh married each other on 05.02.2006. On the very first day of their
married life, Riddhi told Rajesh that she married him under compulsion and that she had an
affair with another person. She also informed Rajesh that she would not be able to perform her
matrimonial obligations. The next morning, Rajesh left Riddhi at her parents place and told her
that he absolved her of all marital obligations. Few months later, Ridhi came back to Rajesh and
apologized. She also said that she was willing to continue with the marital bond. They stayed
together for a year during which Riddhi conceived a child also. In April 2008, Rajesh had a fight
with his wife and in a fit of temper, he told Riddhi that the child did not belong to him. Riddhi
took offence to this statement and told her husband to take back his words. This angered Rajesh
even more and he turned Riddhi along with the child out of the house. Riddhi started staying
with her parents anticipating that Rajesh would apologize at some point of time and call her
back. In March 2012, Rajesh sued Riddhi for divorce on the ground of desertion.
(ii) Against this backdrop, explain the ingredients of desertion in the context of Hindu
Marriage Act, 1955 and decide whether divorce can be granted to Rajesh or not Cite reasons for
your answer referring to relevant cases wherever required.
Q.15. Shalini and Shrot married each other in 2003. Since the beginning, the couple had been
staying apart from each other as Shalini was working at Jamshedpur and Short at Kolkata. Over
the last two years, the couple has had serious fight leading to gradual embitterment of the
relationship, in January 2009, Short asked Shalini to give up her job in the MNC and join him at
Kolkata. Shalini declined on the ground that she wanted to preserve her career which was
highly prospective. She then asked Shrot to shift to Jamshedpur as he had several career
options in the city and according to her the option were much more lucrative than his current
job in Kolkata. When Shalini made the offer to Shrot, she was earning a couple of thousands
more than her husband and so, Shrot was hurt by her words. Few days later, Shrot sued Shalini
for restitution of conjugal rights. Decide and citing relevant case law to substantiate your
answer.
Q.16. Write short notes on any two of the following:-
(i) Status of Child Marriage under the Hindu Marriage Act, 1955.
(ii) Faulty theory of divorce
(iii) Suppressio veri
Q.17. Differentiate between a Hindu undivided Family and a Hindu Joint Family and explain the
primary features of a Mitakshara coparcenary. Also explain the rules in Hindu law for
converting separate property into coparcenary property.
172
HJS – 2013
Q.18. Respond to the following fact-situations by applying relevant Statutes of Hindu law and
citing case-law wherever required.
(i). Aanchal and Basant, both Hindus, got married to each other in 2002. In 2005, Basant
got converted to Islam and married a Christian lady named Veronica without dissolving his first
marriage.
Draw up a line of argument for Aanchal if she wishes to sue Basant.
Q.19. Respond to the following fact-situation by applying relevant provisions of the Hindu
marriage Act, 1956 and citing case-law wherever required:-
(i). Prakhar and Aaradhya have been living together at Gurgaon for 6 year now. In
January this year, they had a violent fight. Aaradhya was hit hard by Prakhar as a result of
which, she sustained injuies. After they broke up, Aaradhya sued Prakhar for maintenance,
among other things.
Discuss the parameters that need to be satisfied for claiming maintenance in this regard
and decide whether Aaradhya is entitled to maintenance in the light of latest judicial
pronouncements in this domain?
(ii). Krishna and Kajal married each other in 2010. Kajal was 16 years old when she got
married and Krishna was 25. Despite repeated attempts by Krishna to consummate the
marriage with his wife, the couple failed to do so because of Kajal’s strong resistance and
unwillingness. After three years of marriage, Krishna sought termination of the marriage.
Medical records revealed that Kajal was a perfectly normal woman biologically and that her
resistance to intercourse is only psychological.
What are the remedies available under the Hindu marriage Act, 1955 if Krishna wants to
terminate his marriage with Kajal?
(iii). Sujoy Chatterjee and Momita Banerjee got married in 2000. At the time of
marriage, Momita was not aware of the fact Sujoy was suffering from Schizophrenia and that his
illness was acute. When she got to know of it within two months of her marriage, she was
disappointed. However, she decided to continue with the marriage hoping for things to get
better in future. Five years later, she approached the court claiming divorce on the ground of
Fraud.
Against this background, discuss the concept of Fraud and decide whether Momita is
entitled to a relief on this ground? What other options are available to Momita under the Hindu
Marriage Act, 1955 if she wishes to terminate her marriage with Sujoy.
Q.20. Write short notes on:-“The Doctrine of Factum Valet”.
173
PCS – 2012
Q.21. In 1998, Ravi, a Hindu boy aged 18 years married Kiran, a Hindu girl aged 16 years in
accordance with Hindu rites and ceremonies. One son-Monu was born in 2000 out of the
wedlock. The marriage of Ravi and Kiran was solemnized in Delhi, where they lived together till
December 2001. In January 2002, Ravi got transferred to Hyderabad and settled down in
Hyderabad while kiran along with her son-Monu and her parents continued to live in Delhi. On
March, 20, 2005, Ravi married Rekha in Gandharva form of marriage by exchange of gariands in
presence of their parents and relatives in Hyderabad. In May 2006, one daughter-Laxmi was
born out of the relationship of Ravi and Rekha. On being prosecuted for bigamy, Ravi contends
that he was not liabel for bigamy as his former marriage with Kiran being child marriage was
void ab initio.
Decide the abovementioned case in the light of the provisions of the Hindu Marriage Act,
1995, Indian Penal Code and support your decision with case law.
Q.22. ‘G’ was granted divorce by the court against ‘J’, ‘G’ got remarried before the expiry of the
period of appeal. J filed an appeal against divorce and it has been allowed. Discuss the legality
of the second marriage of ‘G’. Will it make any difference, if the appeal is dismissed?
HJS – 2011
Q.23. Two Hindus got married in a temple. Several years after the birth of three children they
get the marriage registered under the Special Marriage Act. A year later husband claims that
certain ceremonies were not performed and hence the marriage was void. Decide after giving
arguments for both the sides. (* r/w Special Marriage Act)
Q.24. A wife becomes pregnant through artificial insemination using the husband’s sperm
without his permission. Husband and wife have not met in two years. The child is born with
severe disabilities. Husband denies the child to be his. Decide. (r/w IEA Sec. 112)
Q.25. Two Hindu marry and have a son. The husband converts to Islam and marries a Muslim
girl. They have a daughter. All this happens prior to the decision in Sarla Mudgal’s case. In
2001 the husband dies. The son denies the claims of the daughter and her mother. Is the
marriage valid and the child legitimate?
Q.26. Write short note on: - (i) Law relating to Custody in India (r/w HMGA)
Q.27. The waiting period of six months contemplated under Section 13-B of the Hindu Marriage
Act, 1955 is as mandatory as the other conditions prescribed for obtaining divorce by mutual
consent. Explain the statement with support of case law.
Q.28. How does a custom originate? Write briefly the role of the Supreme Court in preserving
and developing the customs of the people? (r/w Customary Law)
174
PJS – 2010
Q.29. There is paradigm shift in the grounds of divorce. A shift from ‘fault’ to ‘breakdown of
marriage’ as basis of divorce has been recognized by the Supreme Court. Narrate the various
grounds of divorce under Hindu Law and give your opinion.
Q.30. ‘R’ sues his wife ‘W’ for divorce under the Hindu Marriage Act, 1955, on the ground that
she had for some time been suffering from venereal disease, in a communicable form. ‘W’
proves that-
(i) the disease is curable and
(ii) the disease has been contracted form ‘R’ himself Decide.
(i) Maintenance of wife under a void marriage.
(ii) Legitimacy of children of void and voidable marriage.
(iii) The ‘live in’ relationship and its consequential right of succession to an offspring
born out of ‘live in’ relationship has been recognized by the Supreme Court. Discuss its effect of
Indian Institution of marriage.
(iv) Restitution of conjugal rights
HJS – 2010
Q.32. Define and explain the following terms as referred to in the Hindu Marriage Act:
(i) “full blood” and “half blood”
(ii) “uterine blood”
(iii) “Sapindra relationship”
Q.33. Critically examine the special grounds of divorce available to a Hindu wife under the
Hindu Marriage Act, 1955:
Q.34. What do you understand by Punjab Customary Law? How much is this relevant with
regard to marriage and divorce after the codification of Hindu Law? (r/w Customary Law)
Q.35. How do you distinguish between divorce and Judicial Separation?
Q.36. How does the Hindu Marriage Act provide for the legitimacy of children of voidable
marriage?
Q.37. ‘X’ a Hindu male aged 18 years Married ‘Y’ a female aged 14 years. The marriage was
consummated when ‘Y’ was 17 years. Will she be entitled to get decree to get decree of divorce
under the Hindu Marriage Act?
175
HJS – 2009
Q.38. On what grounds a Court can grant a Court can grant a decree of nullity of marriage?
Critically examine the amendments made in the grounds of nullity by Amendments Act 68 of
1976.
Q.39. X a Hindu male, married Y a female in the year 2009, with the written consent of his first
wife P. Is X’s marriage with Y valid?
Q.40. “…….clear proof of usage will outweigh the written text of law? Discuss bringing out the
importance of custom as a source of Hindu law. (r/w Customary Law)
PJS – 2007
Q.41. “It may be presumed that a Hindu family is joint until the contrary is shown. However,
there is no such presumption that every joint Hindu family, necessary possesses joint property.”
Elaborate.
Q.42. “The expression ‘Cruelty’ has been used in relation to human conduct or human behavior.
It is the conduct in relation to or in respect of matrimonial duties and obligations.” Discuss.
Q.43. Whether registration of a marriage is compulsory? Discuss with reference the relevant
provisions of law i.e. the Hindu Marriage Act, 1955 and the recent case law.
Q.44. Discuss validity of marriages in the following cases:
(a) K, a Buddhist boy aged 24 years, marries a Jain girl T, of 22 years.
(b) K, a Hindu boy marries P, a Hindu girl, who before her marriage had been found to
be incapable of giving birth to a child.
Q.45. K, a young girl of Rajput family left her brother’s house in Barnala. It was on 02.11.2006.
Out of her free will, she got married with one M.K. Gutpa, a businessman of Chandigarh.
Marriage took place on 03.11.2006 at Arya Samaj Mandir, Chandigarh. On 04.11.2006, K’s
brother lodged a missing report at Barnala Police Station. Caste Panchayat of Rajput repeatedly
refused to accept this marriage. The Police and Caste Panchayat members are after the couple.
Advance arguments either on behalf of K or on behalf of her brother, supporting your
arguments with legal provisions and case law examining validity of this marriage.
Q.46. A, a Captain in the Merchant Navy was married to B on 09.05.1995 as per Sikh religious
rites and ceremonies. Out of this wedlock, a female child was born on 05.10.1995. The martial
chorus ended abruptly when a petition under Section 10 of the Hindu Marriage Act, 1955 was
filed for judicial separation on 15.04.1998 by A. Later on, a joint petition seeking amendment of
said petition to convert it under Section 13B of the Act for grant of divorce by mutual consent
was filed on 31.03.2001. Amendment was allowed. A had sought exemption from statutory
waiting period. Examine A’s plea.
176
HJS – 2007
Q.47. Discuss the desirability of expressly introducing irretrievable breakdown of marriage as a
ground of divorce. Critically examine how will it help in the resolution of marriage conflict
problems? Illustrate your answer in the light of the judicially decided cases.
Q.48. Write short critical notes on the following:
(i) Compulsory registration of marriages
(ii) Consequence of solemnization of marriage between two Hindu in violation of

provisions of Section 7 of Hindu Marriage Act, 1955.
Q.49. Discuss the functional difference between void and voidable marriages.
Q.50. Discuss whether the ground stipulated under section 13B of the Hindu Marriage Act is
truly a ground of divorce by mutual consent.
PJS – 2006
Q.51. Point out the distinguishing features between the Mitakshara and Dayabhaga Schools of
Hindu Law.
Q.52. How does the Punjab School differ from the other-schools of Mitakshara?
Q.53. Whether or not the Hindu Marriage Act, 1955 is exhaustive?
Q.54. How far the nature of marriage under Hindu and Mohammedan laws may determine
validity of the marriage with a pregnant woman, the husband having no knowledge of the
pregnancy? (r/w Muslim Law)
Q.55. State the cause for repeal of the Hindu Widows Remarriage Act, 1856. (r/w HMA & HSA)
Q.56. Distinguish between ‘child’ and ‘minor’ under the Child Marriage Restraint Act, 1929.
(Please refer CMRA, 1929)
Q.57. Do you agree that the marriage laws (Amendment) Act, 1976 has affected the nature of
Hindu Marriage? Justify your opinion.
Q.58. What are the essential conditions of a valid Hindu Marriage?
Q.59. How far the non-registration of Hindu Marriage affects the validity of marriage?
Q.60. Whether and if yes, what are the punishments for contravening the provisions of the
conditions of Hindu marriage?
Q.61. State the effects of non-compliance of the essential ceremonies of the Hindu marriage.
Does it admit and exception?
Q.62. When a marriage solemnized under the Special Marriage Act be declared as void?
177
Q.63. Can a spouse married in contravention of a Child Marriage Restraint Act file a petition for
the restitution of the conjugal right? (Please refer CMRA, 1929)
Q.64. Highlight the objects of the Arya Marriage Validation Act, 1937.
Q.65. ‘X’ a petitioner, married the respondent ‘Y’ and both had very pleasant conjugal life and
begot a son. In connection with some research work, ‘X’ left for America for a period of six
months. The wife ‘Y’, during his absence, fell in love with ‘Z’, a friend of ‘X’. They had between
them mutually exchanged letters. One of such letters containing very personal and
objectionable materials reached into the hands of X’s father. On his return and left the X’s place
for her parents. ‘X’ wrote a letter thereafter asking her to send the child. Some attempts were
also tried to reach an understanding between ‘X’ and ‘Y’. In pursuant thereof, the mother-in-law
of ‘X’ sent a communication to ‘X’ about the return of ‘Y’ and asking him to receive his wife at the
station. ‘X’ replied that she should not be sent back.
‘X’ after sometime files a petition for divorce on the ground of desertion. Will ‘X’ succeed?
Q.66. Mukesh and Mamta got married in March, 20. They could not enjoy the matrimonial life
for the reason of incompatibility and, therefore, mutually agreed to file petition for divorce. The
petition was filed in April 2003. The parties, were, however, approached by the respective
families and they got success in persuading the both to withdraw the court priceedings. Mukesh
and Mamta filed applications intending to withdraw the divorce petition in January 2005. Can
the court grant the decree for divorce?
Support your view with the decided cases.
HJS – 2006
Q.67. Critically examine the concept of irretrievable breakdown of marriage. Can the courts
invoke this concept for granting divorce under the provisions of the Hindu Marriage Act, 1955?
Q.68. Although cruelty is clearly a ground for divorce under Section 13 of the Hindu Marriage
Act, statutory ground, however, the apex court has developed a functional concept of cruelty.
Bring out the salient features of that concept in the light of case law.
Q.68. A marriage of a Hindu girl, aged 11 years, was solemnized with a Hindu boy of 25 years of
age. She sought to repudiate the marriage after attaining the age 13 years through her brother
(although her father being alive). Decide if she should succeed in repudiating the marriage
under the relevant provisions of the Act of 1955.
Q.69. Critically examine the concept of matrimonial bars and out their relevance in deciding the
matrimonial disputes.
Q.70. Comment upon the statement: ‘He who alleges custom must plead and prove.’ Also bring
out the relevance of custom with legislation becoming the major source of law. (R/w Customary
Law)
178
PJS – 2003
Q.71. What are the ground on which a marriage between two Hindus can be declared void or
voidable?
Q.72. A, who was married to B in 1995, used to beat her frequently and also insisted that she
should bring money from her parents to help him start his business. With the intervention of
friends, they decided to forget their past and start afresh. They lived together for a period of
three months but A repeated his previous acts. Whether the wife can seek dissolution of
marriage and, if so, on what grounds? Discuss.
Q.73. Marriage between A and B was dissolved on the ground that the husband had treated his
wife cruelty. After six months of the decree, the wife moved an application for the grant of
permanent alimony. The application remained pending for three years during which time the
wife got a job at a monthly salary of Rs. 2,000/-. The husband is a Senior Manager in a Bank
drawing Rs. 25,000/- P.M. as salary and has a palatial house at Jalandhar; and fixed deposits and
jewellery worth Rs. 5 lacs reflected in his income tax returns. Is the wife entitled to permanent
alimony? What are the factors to be taken into consideration while granting such alimony?
HJS – 2003
Q.74. In certain castes in Punjab, ‘Anandkaraj’ is a customary ceremony for a valid marriage.
Kehar Singh married to Anand Kaur by simply garlanding each and not performed ‘Anandkaraj’.
What are the consequences of such marriage and position of legitimacy of children of this
marriage? (R/w Customary Law)
Q.75. ‘Chadarandaji’ is the valid customary ceremony in case of marriage of a widow. The
whereabouts of Lakha Singh was not known for a period of 8 years and therefore family
members decided that Phool Singh, his younger brother should marry with Lakha Singh’s wife,
Preetam Kaur. They performed ‘Chadarandaji’. After 5 years Phool Singh deserted Preetam
Kaur and solemnized marriage with another woman Labh Kaur. Decide the validity of marriage
of Phool Singh with Preetam Kaur and with Labh Kaur. Refer to decided cases. (R/w Cust. Law)
PJS – 2001
Q.76. What is the difference between void and voidable marriages? Can a void marriage be
treated as valid for any purpose if both parties agree to it?
Q.77. Discuss the validity of following marriages under the Hindu, Muslim and Punjab
customary law:
(a) A gets married to his elder brother’s widow.
(b) A gets married to his maternal uncle’s daughter.
(c) A, whose wife B is unable to bear a child, gets married to C with the consent of B.
(d). A, a boy aged 18 years, gets married to B, a girl aged 17 years.
(e) W, a woman, gets married to H after 40 days of dissolution of her previous marriage to B.
179
Q.78. Rohini obtained a decree for judicial separation in 1998 against her husband Rohit on
ground of Rohit’s cruelty. After a few months she came to know that Rohit has been found
guilty of committing rape and sentenced to undergo an imprisonment ofr three years. In May,
2000, Rohit files a petition for divorce against Rohini under Section 13 (1A) of the Hindu
Marriage Act, 1935. Will he succeed? Prepare a case for him.
HJS – 2001
Q.79. Discuss the nature of marriage under the Hindu Law and the Muslim Law with the help of
decided cases. A Hindu boy of age married to a Muslim girl 19 years. Under which Law the
marriage would be valid? If not, what would be the status and position of children out of this
wedlock? Whether they would be legitimate?
Q.80. Discuss with the help of decided cases the remedy of Restitution of Conjugal Rights and
wife’s defence of job at different place under the Hindu Marriage Act, 1955. Do you subscribe
the view that this remedy is barbaric and unconstitutional?
PJS – 2000
Q.81. Discuss the legal status and consequences of the following marriages under Hindu Law:
(a) C’s marriage to her mother’s sister’s son’s son P.
(b) A, a Hindu boy aged 18, marries B, a Buddhist girl aged 14, according to Jain rites
and ceremonies.
(c) H marries W, the divorced wife of his step son.
(d) A marries B, the husband of her deceased sister
Q.82. At the time of the marriage between two Hindus, the husband, H and wife W, were
gainfully employed in Delhi. After the marriage, certain misunderstanding appears to have
broken out between them, whereupon H got himself transferred to Jaipur and W remained in
Delhi. H files a petition against W for restitution of conjugal rights. The defence of W is that:
(i) H himself got transferred and even now he can back to Delhi, and
(ii) in view of her ill-treatment by H, she does not want to leave the job.
Q.83. A, a Hindu wife, filed a suit for restitution of conjugal rights against her husband, H.
Decree was granted by the Court. A refused to come back to H’s house and after one year filed a
petition for divorce under Section 13(1A)(ii) of the Hindu Marriage Act, 1955. H pleaded it is A
who is responsible for non-resumption of cohabitation and by filing a petition for divorce, she is
taking advantage of her own wrong. Decide.
180
Q.84. Ramesh and Rani filed a joint petition praying for a decree of divorce on ground of mutual
consent within six months of the solemnization of their marriage. One year later, second motion
was filed by Ramesh alone as Rani refused to join him. Ramesh pleaded that Rani cannot
withdraw the consent once given by her. Rani argued that the original petition was premature.
Decide and write a judgment.
Q.85. Ramesh and Rani, married for over one year, had a heated argument over whether
Ramesh’s mother should live with them or not. During the arguments while Ramesh advanced
towards Rani, she pushed him away. Ramesh lost his temper and slapped Rani on the face with
full force. Rani staggered and fell on the floor. Her cheek had red marks which subsided after
sometime. She packed her bags and went to her parents’ house. From there, she filed a petition
for divorce on the ground of cruelty. Ramesh pleaded that it was she who made him lose
temper; even otherwise it was a single act of anger and he still loved her and wanted to live with
her.
Q.86. X, a Hindu male, married Y, a Hindu female by concealing the fact of his impotency. The
marriage between the parties remains unconsummated due to the impotency on the part of X.
Y, concealing the fact of her previous marriage, married H. H on coming to know the truth, filed
a petition under Section 11 of the Hindu Marriage Act, 1955. Will he succeed?
HJS – 2000
Q.87. Can a person belonging to scheduled tribe be tried for BIGAMY? Give reasons.
Q.88. What are the effects of the remarriage by a Hindu Widow on inheritance before and after
the Hindu Succession Act? (r/w HSA)
PJS – 1999
Q.89. A, a Hindu boy aged 18, married B, a Sikh girl aged 17, in 1990 according to Hindu rises
and ceremonies. The marriage remained unconsummated due to the impotency of B.
Unsatisfied with his previous marriage A married another girl C as per Hindu rites and
ceremonies in 1995. A and C were blessed with a son in 1996.
Discuss the validity of both the marriages. Also discuss the rights of D to inherit the
property of A, B and C.
Q.90. “Mutual consent to obtain a decree of divorce by mutual consent under the Hindu
Marriage Act, 1955 is needed at two stages”. Discuss in the light of the recent judicial decisions.
Q.91. Rakesh married Rajni in 1995. Soon after marriage he started doubting her chastity. On
1.1.96, Rakesh beats Rajni and turned her out of the house. Rakesh files a petition for divorce
against Rajni on ground of desertion on 15.1.1998. Will he succeed?
Can Rajni file a petition for divorce against Rakesh? Discuss. Give reasons for your answer in
the light of relevant statutory provisions and case law.
181
Q.92. Ravi, a teacher in a private school in Delhi drawing Rs. 10,000/- per month files a petition
for restitution of conjugal rights against his wife, Radha, working as a teacher in a government
school at Patiala and drawing Rs. 7,000/- per month. Ravi contents that ignoring his advice for
resigning her job and joining his company, she is continuing to live away from matrimonial
home, which amounts to withdrawal from matrimonial home on her part.
Radha pleads that there is no withdrawal from matrimonial home on her part since the
locus of the matrimonial home is at her house in Patiala and she never denied to Ravi the
opportunity to visit and stay with her at Patiala. Decide in the light of case law.
Q.91. W, a Hindu woman files a petition for restitution of conjugal rights against her husband H
and applies for maintenance pendent lite. H contends that no marriage took place between him
and W and insists that the question of marriage be decided first.
Can the court under Section 24 of the Hindu Marriage Act, 1955 grant to W the expenses
for contesting the question of marriage between H and W? Decide.
HJS – 1999
Q.92. Discuss the changing concept of ‘Cruelty’ as a ground of matrimonial relief under the
Hindu Law and Muslim Law both. Refer the recent case law on the subject. (r/w Muslim Law)
Q.93. With the help of decided cases, write a critical note on the following:
(i) Uniform Civil Code or, option of puberty under Muslim Law and Hindu law. (r/w Hindu Law
and Muslim Law and Art. 44 Constitution)
PJS – 1998
Q.94. Mukesh married Mohini in 1980. A son, Ravi and a daughter, Ragini, were born to them.
Mukesh, influenced by the family planning programme, got himself sterilised in 1985.
Unfortunately, in 1990, Mohini, Ravi and Ragini died in an accident. In 1995, Mukesh married
Vinita without disclosing the fact of his sterilization. Vinita now comes to know that due to
Mukesh’s sterilisation, she will not be able to bear a child.
Vinita approaches you to find out whether she could get her marriage annulled on the
ground of Mukesh’s impotency and her consent obtained by fraud as to the material fact.
Alternatively, can she claim divorce on the ground of cruelty?
Prepare a detailed brief for her relying on the relevant provisions of law and decided
cases.
Q.95. Discuss the validity of the following marriages under the Hindu Marriage Act, 1955.
(a) H, a Jain boy, gets married to W, a Sikh girl, in a temple by exchange of garland.
(b) H gets married to his elder brother’s widow.
(c) H gets married to his paternal grandfather’s sister’s daughter.
(d) H gets married to A within 30 days of dissolution of his previous marriage to B.
182
Q.96. Kapil, aged 10, was married to Kavita, aged 7, in 1980 by their parents at Amritsar
according to customary rites and ceremonies. Kavita continues to live with her parents. Kapil
went to Delhi for studies and later gets a job in Delhi. There he became intimate with Savita, a
girl working in his office, and married her in 1995. He lived happily with Savita and had a son.
Later, some differences arose between them and he forced her to leave the house. Savita files a
petition in the court claiming maintenance u/s 18 of the Hindu Adoptions and Maintenance Act,
1956. Kapil pleaded since his marriage to her being a bigamous marriage and void, she cannot
claim maintenance as wife. Savita pleaded since kapil’s marriage to Kavita was a child marriage
and void, his second marriage to her is valid.
Discuss the issues involved in the case and decide with the help of legal provisions and
judicial rulings. Can Savita claim maintenance under any other provision by law? What remedy,
if any, is available to Kavita?
HJS – 1998
Q.97. Explain whether a decree of divorce can be granted in the following cased:-
(a) After one year of marriage the husband of wife ‘W’ has become impotent.
(b) Against a Husband ‘H’ a decree of judicial separation was passed on 5.2.97 on the
ground of adultery. Now he applies for a decree of divorce.
(c) On 19.8.97 an order of payment of maintenance was passed the husband ‘H’ under
section 125 of the Criminal Procedure Code, 1973. Since then he is paying the
maintenance amount regularly to the wife. The wife now applies for a decree of divorce.
(d) The marriage of ‘W’ was solemnized when she was only 14 years old. After attaining
the age of 16 years she has withdrawn her company from her husband. Now, after
attaining the age of 18 years she applies for a decree of divorce.
(a) Maintenance of a wife under a void marriage.
(b) Legitimacy of children of void and voidable marriage.
HJS – 1996
Q.99. A Hindu embraces Islam and remarries. His Hindu wife also remarries. Is her remarriage
valid? Also compare the position of a Muslim wife in similar circumstances.
183
PJS – 1995
Q.100. On what grounds a marriage may be dissolved by a decree for divorce where both
spouses are Hindu and the marriage has been performed under the marriage law applicable to
Hindus?
Q.101. Whether alternative relief may be granted in the divorce proceedings between the Hindu
spouses? What is that alternative relief and on what grounds it may be granted?
Q.102. What are the various grounds for divorce under the Hindu Marriage Act? Are there any
special grounds on which the wife alone can seek divorce?
Q.103. A Hindu wife seeks divorce from her husband on the ground that he is suffering from
‘AIDS’. Is this a valid ground for divorce?
Q.104. What are the essentials of a valid custom?
Q.105. How a custom may be proved or disproved? (r/w Customary Law)
Q.106. Differentiate between the following:
(ii) General custom and special custom.
(iii) Valid Marriage and void marriage.
184
Hindu Minority & Guardianship Act,

1956
PJS – 2018 (No Questions Asked)
HJS – 2015 (No Questions Asked)
HJS – 2013
Q.1. Akhil and Niharika were married for 18 years and got divorced recently. They have an
eight years old child, Anan. Akhil claims custody of the child stating that Niharika is only a
teacher in a primary school whereas he is a rich businessman and therefore, he can sponsor the
best quality of education for Anjan. Niharika on the other hand, claims that she will do
everything possible to raise Anjan in the best possible manner.
Discuss the requirements for custody and decide whether Akhil or Niharika should be entitled
to the custody of Anjan?
PCS – 2012 (No Questions Asked)
HJS – 2011
Q.2. Write short notes on followings:-
(i) Law relating to Custody in India (r/w HMA)
PJS – 2010
Q.3. Explain the concept of ‘De facto’ and ‘ad hoc guardian’.
HJS – 2010
Q.4. Discuss the law relating to the custody of a child by the mother, under the Hindu Minority
and Guardianship Act, 1956 in the light of the latest development in law.
Q.5. ‘X’ is acting as de-facto guardian of a Hindu child aged 12 Years. ‘X’ intends to dispose of the
property of such child. Can he do so? Refer to the provisions of the Hindu Minority and
Guardianship Act.
185
HJS – 2009
Q.6. Discuss the law relating to natural guardian of Hindu minor. Does the law discriminate on
the basis of sex?
Q.7. M a Hindu mother, sells at 10 marla plot of her son aged 16 years, for donation to a Medical
College, for getting him admitted to M.B.B.S. Course. Is the sale valid?
Q.8. F a Hindu father, in his “Will” appointed B, his brother, as a guardian of his son aged 10
years ignoring the mother of the child. Whether the father’s “Will” would be effective?
PJS – 2007
Q.9. “Welfare of minor is the paramount consideration in appointment of any person as a
guardian.” Discuss.
Q.10. What is the difference between a natural guardian and testamentary guardian? Can a
minor husband act as a guardian of property of his minor wife?
HJS – 2007
Q.11. Can a mother be the natural guardian in the presence of non-caring father under the
provisions of Hindu Minority and Guardianship Act, 1956?
PJS – 2006
Q.12. Point out the natural guardian in the following cases:
(i) Minor below the age of five years.
(ii) Illegitimate unmarried girl.
(iii) A boy whose father has ceased to be a Hindu.
(iv) Adoptive son whose adoptive father is dead.
(v) A Muslim married girl below the age of puberty.
HJS – 2006
Q.13. The consideration governing the custody of children is ‘welfare of the children’ and not
the rights of the parents. But the expression ‘welfare of the children’ admits ‘no straightjacket
yardstick’. How do the custody courts resolve this predicament? Illustrate your answer
through some judicially decided cases.
186
Q.14. A young woman after the death of her husband was forced to leave her four-year old child
with her in-laws at Ambala. Thereafter she started living with her parents at Hoshiarpur. She
filed a petition for custody of the child at Hoshiarpur. Decide if the civil court at Hoshiarpur has
territorial jurisdiction to decide the case under the relevant provisions of the Guardian and
Wards Act, 1890, read with the relevant provisions of Hindu Minority and Guardianship act of
1956.
HJS – 1998
Q.15. Write short notes on any four of the following:-
(e) Lawful guardian of a minor widow.
HJS – 1996
(b) Testamentary Guardian
PJS – 1995
Q.17. What are the rules relating to the natural guardianship of a Hindu minor? What are the
powers of a natural guardian?
187
Hindu Adoption & Maintenance Act,

1956
PJS – 2015
Q.1. Pursuant to matrimonial differences, a couple H and W sought and obtained divorce by
mutual consent. They had a daughter. According to the settlement entered into as between the
two, the mother W would maintain the child and she would not claim maintenance for the child
and in return the father H relinquished the custody and visitation rights or any meeting rights
with the two years old daughter for all times to come. Two years pursuant to the divorce and
the mutual agreement, W married H-l and thereupon she gave the daughter through a
registered adoption deed to the second husband H-l without seeking the consent of her
biological father H.
Critically examine the validity of the adoption I the light of relevant provisions of the
Hindu Adoptions and Maintenance Act, 1956.
HJS – 2015
Q.2. Two sisters (twins) of tender years are found to be abandoned by their biological, parents
and rescued by an adoption placement agency.
Can they both be validly adopted under the Hindu law by a childless couple? If there are
any legal impediments, how could those be validly circumvented in the interest of children
under the general law applicable to all including the Hindus?
PJS – 2013
Q.3. Under the Hindu Adoptions and Maintenance Act, 1956, multiple adoption of children of
the same gender has not been permitted. In this connection, discuss the judgments passed by
the courts on this issue and analyse the rationale behind the existing principle. Also discuss
progressive judicial pronouncements whereby it has been accept that there is nothing wrong in
the principle of multiple adoption of children of the same gender.
Q.4. In the case of Laxmikant Pandey v, Union of India, AIR 1986 SC 272, the Supreme Court
laid down normative and procedural safeguards for regulating inter-country adoptions. State
and assess the guidelines issued by the Supreme Court in this connection.
188
HJS – 2013
Q.5. kanika married Sanjeet in 2001 and they were living with the latter’s parents. In 2004,
Sanjeet died in a car accident. After his death, Kanika was denied financial support and share in
the ancestral property by her in-laws. Since kanika’s parents were not economically well off
and had to support their son’s education as well, Kanika did not want to burden them with her
problems.
What are the rights available to Kanika in Hindu law for her maintenance?
Q.6. (i) Amartya and Jayaa have a daughter age 12 years. They want to adopt a girl child from a
foster-home. Is it permissible under the existing legal provisions? Give reasons for your
answer citing relevant case-law.
PCS – 2012
Q.7. ‘A’ a Hindu died in 1948 leaving behind his wife ‘W’, who took her husband’s properties as a
limited owner. In 1954 “W” made a gift of some lands to her niece ‘B’, ‘C’ a collateral of ‘A’ and
presumptive reversioner sued for a declaration that the gift to ‘B’ is is not binding on him. In
1959 ‘W’ adopted ‘B’s son ‘P’. Later in the same year ‘W’ died, ‘C’ sued for possession of land.
Decide the case with the help of judicial precedents. (Mix qus. of HSA & HAMA)
Q.8. Discuss the validity of the following adoptions:-
(i) An unmarried Hindu girl aged 25 yearrs adopted a girl of 6 years.
(ii) ‘A’ is given in adoption by his step-mother.
(iii) A boy of 19 years adopted by a widow aged 38 years.
HJS – 2011
Q.9. What is the status of Rita in the following cases:-
(i) Nita and Rita are twins. Rita was born 15 minutes later than Nita. They were both
adopted by a childless Hindu couple through an adoption agency. Forty years later after the
death of their parents Nita asserts that Rita had no claims to their parent’s property.
(ii) Rita was adopted by childless Hindu woman. After the adoption, the woman
converted to Christianity.
PJS – 2010
Q.10. Enumerate the Rules framed by the Supreme Court on inter-country adoption of child.
Q.11. Explain the major amendment made by Family Law Amendment Act, 2010 with regard to
adoption of child.
Q.12. Can an unchaste Hindu wife claim maintenance from her husband? Discuss with the help
of case law.
189
HJS – 2010
Q.13.In what cases may an adopted son impeach alienations made by the widow of his adoptive
father prior to his adoption?
Q.14. ‘G’ an unmarried girl of 20 years adopts a boy of 7 years. Is the adoption valid?
Q.15. ‘A’ with the consent of his wife validly adopts ‘B’. Later on ‘B’ stated misbehaving and
beating ‘A’ and his wife. ‘A’ wants to cancel the adoption of ‘B’. Comment.
Q.16. What is the law regarding the maintenance of a widowed daughter-in-law?
HJS – 2009 (NO QUESTIONS ASKED)
PJS – 2007
Q.17. Whether A, an illegitimate child can claim maintenance from his father B, who is a Hindu?
Also discuss obligation of B to maintain his old childless stepmother C.
Q.18. Examine validity of adoption in the following cases:
(a) An orphan is taken in adoption by a childless Hindu couple.
(b) R, a deaf and dump Hindu male adopts B, a minor.
(c) A Hindu couple dies in an accident leaving behind a minor daughter. Guardian of the
minor daughter gives her in adoption to C, a Hindu widow.
(d) A Hindu married female gives her son B in adoption to her friend C.
Q.19.There is a Hindu couple. M is the wife whereas b is the husband. The husband B converts
to Islam. Whether wife M, unable to Maintain herself and living separately, can claim
maintenance under the Hindu Adoption and Maintenance Act, 1956.
Q.20. In what circumstances, a Hindu wife is entitled to live separately from her husband
without forfeiting her claim to maintenance. Explain citing relevant provisions.
HJS – 2007
Q.21. Discuss if a Hindu widow can adopt a son to her deceased husband in the light of the
relevant provisions of the Hindu Adoptions and Maintenance Act. 1956 and the decisions of the
apex court.
190
PJS – 2006
Q.22. Determine the validity of adoption of a stepson by a Hindu step-mother.
Q.23. What personal laws do recognize the ‘adoption’?
Q.24. Whether adoption by a Hindu with the knowledge of his wife’s pregnancy is valid?
Q.25. What are the restrictions of the right of an adopted child?
Q.26. Laxmi adopts a son during maidenhood and thereafter marries. Her husband dies
issueless. She again adopts a son. Examine the validity of both the adoptions.
Q.27. A couple adopts a son. Husband remarries with ‘W1’ who subsequently dies. Can the
adopted son inherit the property of ‘W1’?
Q.28. Distinguish between ‘acknowledgment’ and ‘adoption’. (r/w Muslim Law)
HJS – 2006
Q.29. Discuss customary appointment of an heir. Is it different from adoption under Hindu
Law? (r/w customary Law)
Q.30. A mother gives her only son in adoption though father of the boy is alive at the time of
adoption. Discuss if the adoption is valid under any circumstances in the light of the relevant
provisions of the Hindu Adoptions and Maintenance Act, 1956.
PJS – 2003(NO QUESTIONS ASKED)
HJS - 2003(NO QUESTIONS ASKED)
HJS – 2000
Q.31. Can a Hindu woman after her divorce give her child in adoption without the consent of
her divorced husband?
Q.32. Can a Hindu male after his divorce give his child in adoption without consent of his
divorced wife?
Q.33. What are the effects of adoption on:-
(i) Right to remarriage? (ii) Inheritance?
(iii) Obligation to maintenance?
191
HJS – 1999
Q.34. “The adopted boy must bear the reflection of Son”. Comment.
HJS – 1998
(a) Persons capable of giving a child in adoption.
(b) A Hindu female is survived by her adopted son, natural born son and an illegitimate
son. Upon whom her property will devolve and in what ratio? Cite relevant sections. (r/w HSA)
PJS – 1995
Q.36. Can an unmarried Hindu Female Female adopt a child? Support your answer with
reasons.
Q.37. A son is adopted by a widow after several years of the death of her husband. Would he be
the son of the widow alone or as well as of her husband?
192
Hindu Succession Act, 1956

Joint Hindu Family & JFP - Coparcenary & Partition
PJS – 2018
Q.1. Briefly explain the general principles of inheritance applicable to Hindus by referring to
statutory provisions and judicial decisions. (10 Marks)
Q.2. What is meant by the Doctrine of Escheat? Explain the same in the light of statutory
provisions and judicial decision. (10 Marks)
Q.3. Briefly explain and critically evaluate the females becoming coparceners in India by
referring to statutory changes and judicial decisions. (15 Marks)
PJS – 2015
Q.3. What is notion of “interest” in the expression, “Devolution of interest in Mitakshara
coparcenary”? Explain briefly if this notion is different from that of “share” allotted to a
coparcener on partition and how that notion has been impacted by the provisions of Hindu
Succession Act, 1956, and Hindu succession (Amendment) Act of 2005 bearing in mind that the
latter amending Act does not alter the general rule of succession in the case of males under
section 8 of the Act of 1956?
HJS – 2015
Q.4. How does the ‘devolution of interest in Coparcenary property take place under the
Mitakshara law and how this notion of devolution has undergone changes successively under
the Hindu Succession Act, 1956 and Hindu Succession (Amendment) Act, 2005?
Q.5. Critically examine the character of property inherited by the son from his father in his
hands visa-a-visa his son under the provisions of the Hindu Succession Act, 1956 in the light of
their varying judicial expositions.
Q.6. What are the conditions that enable a female Hindu to hold the property possessed by her
as “full owner thereof and not as limited owner” under the Hindu succession Act, 1956?
Q.7. Has the concept of ‘limited ownership’ of a female Hindu been done away under the Hindu
succession Act, 1956? Amplify your answer.
Q.8. Seemingly, there is a conflict between sub-section (1) and-section (2) of Section 14 of the
Hindu Succession Act, 1956, inasmuch as sub-section (2) instantly takes away the gains of sub-
section (1). How would you reconcile this seeming conflict and determine the respective ambit
or both the sub-section in the light of the propounding of 3-Judge bench decision of the Supreme
Court in V. Tulasamma v/s Sesha Reddi (1977).
193
PJS – 2013
Q.9. Apply the Hindu Succession ACT, 1956 as amended from time to time and calculate the
shares of each of the heirs in the following situations:
(i) X, a Hindu male died intestate in 2000. He is survived by his widow W1 whom he
had married in 1980 and a son S from her. X had a second wife W2 whom he had married in
1993 and a daughter D was born of her. Calculate the shares of each of the surviving members.
(ii) Z, a Hindu male dies intestate and is survived by his mother, widow, two daughters,
the widow of a pre-deceased son and two sons of a pre-deceased daughter. Calculate the shares
of each of the surviving members.
(iii) A, a female Hindu had inherited property from her brother. Her husband had died
during her lifetime. She died intestate and issueless. Y, an heir of her husband and Z an heir of
her of her brother from whom she had inherited the property, stake rival claims over the
property. Who will succeed?
Q.10. Write critical note on the following:- - (i) Notional partition
HJS – 2013
Q.11. Mahendra Nanda was a rich man owning a lot of property. He is the owner of over 100
acres of land at Karnal, a huge mansion in the heart of Delhi and bank deposits worth several
crores of rupees in India and abroad. He had two sons Sahil Nanda and Kapil Nanda and two
daughters, Rekha and Ritu. Several years back, when Sahil and Rekha were returning from
work, their car crashed and both of them died on the spot. Sahil had two sons, Keshav and
Kamal and a daughter, Vaibhavi. Of them, Kamal was the eldest one who had died of heart
disease few years after his marriage even before Sahil lost his life in the car crash. Kamal is now
survived by his widow, Aarti and two children-a son (Anant) and a daughter (Prerna). Keshav
and Vaibhavi are unmarried. Sahil’s widow is also alive. On the other hand Rekha is survived by
a son (Rishabh) and a daughter (Riddhi). Kapil Nanda and Ritu are alive and unmarried.
Mahendra Nanda died intestate few months back and is survived by the people as can be
inferred from above in addition to his widow and mother.
Keeping the aforementioned configuration in mind, determine the shares of each of the
surviving members in Mahendra Nanda’s property as per the Hindu Succession Act, 1956.
PCS – 2012
Q.12. ‘A’ a Hindu died in 1948 leaving behind his wife ‘W’, who took her husband’s properties as
a limited owner. In 1954 “W” made a gift of some lands to her niece ‘B’, ‘C’ a collateral of ‘A’ and
presumptive reversioner sued for a declaration that the gift to ‘B’ is is not binding on him. In
1959 ‘W’ adopted ‘B’s son ‘P’. Later in the same year ‘W’ died, ‘C’ sued for possession of land.
Decide the case with the help of judicial precedents.
Q.13. ‘A’ a coparcener having incurred debts in connection with a business connected in his
individual capacity sold Joint Family Properties for inadequate consideration and his brother
194
coparcener ‘B’ only joined him in executing the sale. Does the transaction bind the nephews of
‘A’ (who are sons of ‘B’)? Is the transaction of sale void even against the sons of ‘A’?
Q.14. Define an antecedent debt. Under what circumstances can a joint Family Property be
alienated for discharging an antecedent debt?
HJS – 2011
Q.15. What are the de-merits of testamentary disposition of property? While answering, keep
in mind particularly the rights of vulnerable persons in the family.
Q.16. Calculate the shares of X’s heirs assuming he had only HUF, property when he died on
01.01.2000 leaving a widow, a mother, a step mother, two sons, two married daughters (one
married in 1980 and the other in 1989), one unmarried daughter, ten grandchildren, of whom
four are children of a predeceased son and a predeceased daughter married in 1990 (each
having a son and daughter).
Give reasons for inclusions, exclusions and quantum of shares. What is the nature of
property in the hands of each heir?
X has left behind considerable debts also. Who should pay the same and to what extent?
These are his debts:-
To works ---------------------------------------------Rs. 30,000/-
To temple priests for ceremonies-----------------Rs. 10,000/-
To local shopkeeper for groceries-----------------Rs. 3,000/-
To local liquor shop---------------------------------Rs. 5,000/-
In the light of this, how far does Mitakshara law play a role in Hindu Law?
PJS – 2010
Q.17. The real brothers Hukam Singh, Sukh Ram and Sukh Ram’s son Chhiuda constituted a
joint Hindu Family governed by the Banaras School of Mitakshara Law under which a
coparcener without obtaining the consent of the other coparceners was not competent to sell
his undivided share for his own benefit. Hukam Singh died in the year 1952 and his widow
Krishana devi on 15.11.1956 sold ½ share in the family house and shop to Gauri Shankar. Sukh
Ram and Chhinda filed a suit which was contested up to the Supreme Court of India. Discuss the
following with reference to recent case law.
(i) Whether the sale deed is liable to be cancelled.
(ii) Whether the Hindu Widow’s right in property of Joint Hindu Family became larger
than her deceased husband.
(iii) Whether the Hindu Widow, Krishana Devi continued to have limited interest.
(iv) Whether the Hindu Widow, Krishana Devi had already become absolute owner.
195
(i) Antecedent debt (ii) Pious obligation
HJS – 2010
Q.19. How would the separate property of the deceased be distributed under Mitakshara law in
the following cases? Explain by giving reasons.
(i) A Hindu dies, leaving behind a widow, an adopted son and an after born natural son.
(ii) A Hindu dies, leaving behind a widow and a son of a predeceased son.
(iii) A Hindu dies, leaving behind a mother’s sister’s and a father’s half-sister’s son.
Q.20. Explain what is deemed under partition under the Hindu Succession Act, 1956?
HJS – 2009
Q.21. Critically evaluate the consequence of the amendments made in the Hindu Succession Act,
1956, in 2005 in relation to the concept of coparcenary and dwelling house.
Q.22. A male Hindu died intestate, leaving behind an adopted son, a legitimate son, a married
daughter and mother. Who and how much share, each will get in A’s property?
PJS – 2007
Q.23. “In a Hindu Joint Family, Karta occupies a pivotal position.” Elaborate this statement with
specific reference to Karta’s powers of alienation.
Q.24. What is son’s liability for pre-partition and after partition debts? Discuss.
Q.25. When S, a Hindu wife was pregnant, N her husband had died intestate; it was on
16.05.2005. S gave birth to a daughter C on 21.10.2005. Develop arguments on behalf of C
regarding her claim of inheritance.
Q.26. What are the rights of a Hindu female in seeking partition of a dwelling house left by her
father dying intestate?
Q.27. A, Hindu wife was given property by her husband by was of a Will. There is no material to
indicate that property was given in lieu of her right of maintenance. According to the Will, she
has a right of enjoyment if respect of the entire property. A claims to be absolute owner of the
property left by her husband? Critically examine the plea of A.
Q.28. A, the only son of B, at the instigation of his paternal uncle C murders his father B. B left
huge property. Examine the claim of A and C qua the property of B
196
HJS – 2007
Q.29. Write short critical notes on the following:
(i) Doctrine of Antecedent Debt under modern Hindu Law.
(ii) Concept of partition under Mitakashara Hindu Law.
Q.30. Critically examine the impact of the Hindu succession (Amendment) Act, 2005 on the
Mitakashara concept of coparcenary.
Q.31. Apparently, there is a conflict between sub-section (1) and sub-section (2) of section 14 of
the Hindu Succession Act, 1956. How would you like to resolve this seeming conflict in the light
of relevant case law?
PJS – 2006
Q.32. A Hindu male marries a Christian under the Special Marriage Act, 1954. How his
properties, after the death, shall devolve upon?
Q.33. Define Coparcenary. Does a female have any position in the coparcenary?
Q.34. ‘X’, a coparcener, wants merger of his self-acquired property in the joint family property.
Advise him about registration whether essential or not. (r/w Registration Act/Law)
Q.35. Discuss the rights of a female Hindu under the Hindu Succession Act, over the property
possessed by her.
Q.36. Can a married Hindu daughter who has deserted her husband claim to reside in the family
dwelling house?
Q.37. State the order of succession among agnates.
Q.38. Ascertain the legality of alienation of the minor’s share in the family property by the
‘Karta’.
Q.39. Mr. P sent his three sons D, T and I for quality education to England. The expenditure
were borne out of the joint family property. D became a very good Doctor. T and I could not be
successful and all the three retuned to India. D earned huge money from his practice. T and I
claim shares in D’s income and property as his income is due to special training at the expenses
of joint family property. Examine their claims to success. (Refer - Hindu Gains of Learning Act,
1830)
Q.40. Discuss the rule of notional partition.
Q.41. ‘K’ a Mitakshara corparcenar, died in January 2006 leaving behind his wife ‘W’, two sons
S1,S2 and three daughters D1, D2 and D3. Ascertain the respective shares of the heirs.
197
HJS – 2006
Q.42. Critically examine the doctrine of Antecedent Debt under Hindu Law. Is this doctrine
affected in any way by the Hindu succession (Amendment) act, 2005?
Q.43. What is the concept of Mitakashara coparcenary? Critically examine if the surviving
coparcener obtains the share of the deceased coparcener as his legal representative.
Q.44. How, in what manner, and to what extent the concept of Mitakashara Coparcenary has
been affected/modified by the Hindu succession (Amendment) Act, 2005?
PJS – 2003
Q.45. Whether a married daughter can seek partition of HUF property. Explain the nature of
HUF property and rights of a female in such property. (r/w Basic Hindu Law)
Q.46. Distinguish between a Hindu Joint Family and a Hindu Coparcenary with particular
reference to Mitakshra and Dayabhaga Schools. (r/w Basic Hindu Law)
HJS – 2003
Q.47. Discuss the concept and characteristics of Joint Hindu Family and Coparcenary. (r/w Basic
Hindu Law)
Q.48. Hari, his brother Shyam and Kailash were joint in business and property. Hari has, wife,
two sons, their wife and four grandsons (two from each) and married daughter. Shyam has
wives and one son. Kailash has wife and two daughters. Kailash demanded partition and his
share both in business and property. Make complete partition.
Q.49. A Hindu male died intestate leaving behind an adopted son, an illegitimate son, a married
daughter, mother and father. How and to whom his property will devolve?
Q.50. A Hindu male bequeathed his property to his wife for life in lieu of maintenance. He died
in 1954. His widow gifted the property to her brother’s daughter in 1961 and died in 1965.
After her death, husband’s nephew challenged the transfer on the ground that the property was
given only to enjoy for lifetime and after her death it would revert back to her husband’s heir.
Decide. Refer to latest cases of the Supreme Court in his respect.
198
PJS – 2001
Q.51. Write a short note on Pagwand and Chudavand succession.
Q.52. How does a Hindu joint family differ from a Mitakshara coparcenary? Can a Hindu female
be a coparcener or a karta of the joint family?
Q.53. Ram died leaving behind his widow, two sons and one daughter. He executed a registered
will through which he bequeathed one flat to his daughter, one bungalow where the family was
residing to his widow and ten acres of agricultural land to both of his sons. The sons question
the capability of Ram to execute the will on the ground that the flat and bungalow were
ancestral properties as these were purchased out of the income of the agricultural land which
Ram had inherited from his maternal grandfather. Are the objections legally tenable? Discuss.
Q.54. A Mitakshara coparcenary consisted of three brothers A, B and C. C was employed at
Mumbai. On 1st January, 2001, C addressed a letter to A and B expressing his intention to get
separated from the family. On 4th January, A being the karta alienated a substantial portion of
the property to discharge debts due to the government. The letter sent by C reached A and B on
8th January. Examine whether the alienation made by A is binding on C’s share or not?
Q.55. A, a Hindu dies intestate in 1995 and is survived by his parents, M and F; one brother B1
and two sisters Si1 and Si; a widow W, who remarries after one month of A’s death; a son S1
who separated from his father in 1990; another son S2 who is convicted and is sentenced for life
for murdering his friend; the widow of a predeceased son S3W who had remarried before the
death of A; and a daughter D who is of unsound mind. He leaves behind property worth Rs. 25
lacs. Discuss who would get the property and what would be their respective shares.
HJS – 2001
Q.56. Explain the powers and of ‘Karta’ in a Joint Hindu Family. Whether a female Hindu can be
‘Karta’? Under which circumstances the ‘Karta’ can alienate Joint Hindu family property? Refer
to decided cases.
Q.57. What do you mean by doctrine of ‘Pious Obligation’ and the defence of ‘Avyavahrika
(immoral) debt’?
Q.58. A Hindu male died intestate leaving behind widow, father, a son who has converted to
Islam, a married daughter and other son’s widow who is residing with her parents. How and to
whom his property will devolve?
Q.59. “The Hindu Succession Act, 1956 has made serious inroads in the Mitakshra principle of
survivorship”. Discuss in the light of section 6 of the Act.
Q.60. “The Punjab customary practices sometimes have precedence over enacted law like the
Hindu Succession Act, 1956”. Discuss. A Hindu having only agricultural holding died and left
behind two sons and one married daughter. The married daughter demanded her 1/3 share in
the agricultural holding. Sons claimed that she is not entitled to the share according to Punjab
Customary Law. Decide. (r/w Punjab Customary Law)
199
PJS – 2000
Q.61. N, the karta of a Hindu Joint Family, gifted a small portion of Zamindari land, belonging to
the joint family to a stranger as reward for saving the life on N’s daughter. Other coparceners
challenged the alienation being without legal necessity. Decide giving reasons.
Q.62. A and his sons, B and C constitute a Mitakshara Coparcenary. B separates himself after
getting 1/3rd share of the coparcenary property. A dies intestate leaving behind his surviving
daughter D and sons B and C.
Examine the claims of D, B and C to the property (coparcenary and self-acquired) left by A.
HJS – 2000
Q.63. When does a Hindu Widow get absolute ownership of a property if the property is given
to her as limited owner by virtue of an instrument like ‘Will’? Illustrate with case law.
Q.64. What are the effects of the remarriage by a Hindu Widow on inheritance before and after
the Hindu Succession Act? (r/w HSA)
Q.65. Who will be heirs of a female Hindu if she inherits the property from her relations?
Q.66. A Hindu ‘H’ and his wife ‘W’ had a son ‘S’ and the daughter-in-law ‘D’. ‘H’ died prior to ‘W’.
Son ‘S’ also died prior to ‘W’. Property of ‘W’ was claimed by her husband’s son who was
already in possession of the said property. Can ‘D’ successfully claim the property of ‘W’ after
the death of ‘W’? Discuss with the case law.
Q.67. What are the powers of a “Karta” in Hindu joint family? Discuss in detail.
Q.68. Can “Karta” refer disputes to arbitration and if referred, are other family members bound
by the Arbitral award?
Q.69. A, B and C are members of a Joint Hindu Family. A and B are the managing members. A
and B borrow money from P for Joint family. Since they failed to repay in time, P filed a suit
which was decreed against A and B as managers. Discuss whether this decree can be executed
against “C”’s share in the coparcenary property. Can “C” file a suit for partition and claim
injunction against ‘P’ from executing the decree against his share?
Q.70. Discuss whether a Mitakshara Hindu can effect gift of his undivided interest.
Q.71. Explain what is Donation-Mortis-Causa.
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PJS – 1999
Q.72. Explain the concept of ‘coparcenary’ in the Mitakshara law. Can a female be a coparcener?
Discuss the legislative inroads made in the law of coparcenary.
Q.73. A Hindu joint family comprised of A, the Karta and his two sons B and C. B filed a suit for
partition against A, claiming 1/3rd share in a house which A had received as his share on
partition from his father and brothers an agricultural field, which A had inherited from his
father and a tea estate which A had received by way of gift from his paternal uncle. Discuss
whether B will succeed?
Q.74. H, a male Hindu dies intestate in the year 1995, leaving him surviving his brother B, his
father F, his mother M, his widow W, his married daughter D, his predeceased son’s daughter
SD, his son S2, who never cared for H in his life time and his son’s widow SW who had married a
Christian in 1990 without the consent of H. Who will succeed and to what share in the property
of the deceased H, under the Hindu Succession Act, 1956?
Q.75. W, a Hindu widow, got a house as limited owner under a decree of the court, in lieu of her
maintenance out of joint family property in 1950. Now she wants to make gift of the house in
favour of her brother. Can she do so? Discuss in the light of sub-section (2) of Section 14 of the
Hindu Succession Act 1956. Refer to case law, if any.
HJS – 1999
Q.76. Discuss the concept, meaning and scope of ‘Partition’ under Miakshara and Dayabhaga
Schools. Further examine, the rights of a minor coparcener to claim Partition. Decide with
reference to case law on the subject.
Q.77. A Hindu male died in 1987, leaving behind the following sets of heirs. Divide his
property:-
(i) Son(S), Daughter (DD), Father (F), Grandson’s Widow (SSW)
(ii) Daughter(D), Mother(M), Widow(W), Son’s Widow(SW), and Father(F)
(iii) Brother (B), Son’s Daughter’s Son (SDS) and Daughter’s Son’s Son (DDS)
Q.78. The real brothers Hukam Singh and Sukh Ram and Sukhram’s son Chhidda constituted a
Joint Family governed by the Beneras School of Mitakshara law under which a Coparcener
without obtaining the consent of the other Coparcener was not competent to sell his undivided
share for his own benefit. Hukum Singh died in the year 1952 and his widow Krishna Devi on
15.11.1956 sold ½ share in the family house and shop to Gauri Shanker. Sukhram and Chhidda
filed a suit which was contested upto the Supreme Court of India. Discuss the following and
refer recent case law:-
(i) Whether the sale deed is liable to be cancelled.
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(ii) Whether the Hindu Widow’s right in the property of the Joint Hindu Family became
larger than her deceased husband.
(iii) Whether the Hindu Widow Krishna Devi continued to have only a limited interest.
(iv) Whether the Hindu Widow Krishna Devi had already become absolute owner.
Q.79. Define ‘Will’ and explain the principles of abatement of legacies. (r/w Indian Succession
Act, 1925 and Muslim Law)
Q.80. ‘A’ dies leaving a will in which he has left a legacy of Rs. 10,000/- to B. The will is in the
hand writing of A, but not signed by him, nor are there any witnesses attesting the will. The
heirs of ‘A’ challenged the will. Can they succeed? (r/w Indian Succession Act, 1925 and Muslim
Law)
PJS – 1998
Q.81. Discuss the concept of “notional partition” under Section 6 of the Hindu Succession Act,
1956.
Q.82. A dies as a member of Mitakshara joint family and is survived by his father F, mother M,
two brothers B1 and B2, a joint son of separated predeceased son S2S, unmarried daughter D1,
a married daughter D2, husband of a predeceased daughter D3H, a son of another daughter
born after her conversion to Islam D4S. The family assets are worth Rs. 20 lakhs. He has also
left behind separate property worth Rs. 51 lakhs.
Who will get the property? Will your answer be different if the family is domiciled in Punjab?
Q.83. What do you mean by the term ‘severance of status’ and how does it differ from ‘partition
by metes and bounds’? Can a minor coparcener ask for partition of the joint family property?
Q.84. A joint family consisted of five brothers B1, B2, B3, B4, and B5. B1 was the Karta. B2 had
a dispute with B1 and dissatisfied with his management filed a suit for partition. During the
pendency of the suit B1 died. B2 now wants to withdraw the petition and becomes Karta. He
files an application to that effect in the Court. Will he succeed? Decide.
HJS – 1998
Q.85. Write short notes on the – “Rights of female heirs in dwelling houses”.
Q.86. Who are Coparceners and what are their rights? State whether a daughter, who wants to
remain unmarried, can claim partition in the Coparcenary property?
202
HJS – 1996
Q.87. A died leaving behind his widow AW two daughter AD1 and AD2 with an amount of Rs.
60,000/-. Now his widow adopts a son X. How much does X get? Give reasons. (r/w HAMA)
(a) Antecedent debt (b) Mitakshara Coparcenary
(c) Pious obligation (d) Hindu (r/w Hindu Law)
Q.89. A and his brothers B and C are members of a joint family under the Mitakshara School. A
sues B and C for partition. After the but before the decree A dies, leaving a widow. Can the suit
be continued, if so by whom? If not, whether B and C will get A’s share by survivorship? Discuss
with reasons.
Q.90. A Hindu female died in 1995 leaving her husband H, two daughters D and E, two sons of a
pre-deceased son R and M her brother B, her mother N, her step mother Y, and a widow of her
brother Z. The deceased had inherited property from her father. Divide A’s property among her
heirs.
PJS – 1995
Q.91. Write short notes on:-
(i) Escheat under Hindu Succession Act, and
(ii) Power of a Hindu to execute a will in respect of his property including his undivided
share in the Joint Hindu Family Property.
Q.92. The manager of a joint Hindu family represents the family in all its affairs and
transactions, provided they are for family necessity. In this connection discuss the powers of a
manager with respect to:-
(i) Alienation of coparcenary property, and
(ii) To contract debts
Q.93. Who can object to an alienation made by a coparcener and on what grounds?
Q.94. What is Stridhan and what are the rights of a husband over Stridhan?
Q.95. Write a brief essay on the effect of Hindu Succession Act on the rights of Hindu females to
inherit, hold and dispose of property.
Q.96. In what manner the property of a Hindu female is to devolve in case of her dying
intestate?
Q.97. What are the circumstances under which an heir is disqualified from inheritance? What is
the rule of succession which is to be followed in case of disqualification of heir?
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Muslim Law
PJS – 2018
Q.1. What is meant by Wakfs? What are the essential requirements of Wakfs and what are the
modes of creating such Wakfs? Briefly explain the same with suitable illustration and judicial
decisions. (10 Marks)
Q.2. What is meant by Iddat? What is its significance? What are the obligations of the
husband during the Iddat period? Briefly explain the same with suitable illustrations and
judicial decisions. (15 Marks)
Q.3. What is meant by Dower? What are the types of Dower and what are the consequences of
non-payment of Dower? Briefly explain the same with suitable illustrations and judicial
decisions. (10 Marks)
PJS – 2015
Q.4. What is the concept of Khula and how it is different from that of talaq under Muslim law?
State clearly if this difference impinges in anyway upon the concept of maher.
Q.5. “The view that Islam permits unconditional bigamous marriage is completely a
misconception and not in accordance with the spirit of Sharia, which allows bigamy in
extremely exceptional cases with certain restrictions. … This misunderstanding is commonly
prevalent in Indian Muslim community and even our ill-informed moulvis are giving fatwas in
favour of second marriage without giving second thought to the circumstances of the spouses.” –
Professor Furqan Ahmed – an Indian Muslim scholar Critically reflect on this statement.
Q.6. what are the essential ingredients of hiba under Islamic Law? Can a person make an oral
hiba? Explain if the condition like writing or registration required for the validity of hiba.
HJS -2015
Q.7. Whether a Muslim girl below the age of 18 years could contract a valid marriage – Nikah –
without the consent of her parents. Explain in the light of the basic principle of Islamic
jurisprudence.
Q.8. Whether a divorced Muslim woman is entitled to seek maintenance under Section 125 of
Cr. P. C. after iddat period in view of the aftermath of Shah Bano case and enactment of Muslim
Women (protection of Rights on Divorce) Act, 1986.
Q.9. Can a Muslim in the exercise of his right as a natural guardian of his children claim the
custody of his 9 years old daughter from her mother (his estranged wife)? Explain in the light of
the concepts of wilayat and hizanat under Muslim law.
Q.10. A father made a gift inter-vivos to his minor son. Critically examine the validity of the
said gift in the light of the essentials of hiba under Mohammadan law.
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PJS – 2013
Q.11. Study the following circumstances and determine the validity of the gift under the
Mohammedan Law. Substantiate your answer with reasons:-
(i) A Muslim male makes a gift of his house to his son with a condition that one-third of
the income derived from the house has to be given to one M. X during his lifetime. Is the
condition and the gift valid?
(ii) A makes a gift to B and delivers its possession to B. He then changes his mind and
decides to revoke the gift. Is the revocation valid?
(iii) Y makes a gift of his property to Z. After Y’s death, his heirs revoke the gift and
disentitle Z from the use of Y’s property. Is the revocation valid?
Q.12. In relation to the Islamic rules of inheritance, write short notes on the following:-
(i) Doctrine of Representation in Islamic law.
(ii) Primary and subsidiary classes of heirs in Hanafi law of inheritance
Q.13. What are the existing legal provisions in India to ensure that Muslim women receive
maintenance after divorce? Can a divorced Muslim woman claim protection under section 125
Cr. P.C.? Further, can maintenance of a Muslim woman be regulated by mutual agreement
between husband and wife? Substantiate your answer with reasons and case law.
HJS – 2013
Q.14. Trace the history from the Shah Bano judgment which led to the enactment of the Muslim
Women (Protection of Right on Divorce) Act, 1986 and critically analyse the provisions of this
legislation. Discuss the issues in relation to the constitutionality of this Act as raised before the
Supreme Court in Danial Latifi and another v. Union of India, AIR 2001 SC 3958.
Q.15. In Abdul Kadir v. Salima, (1886)8 All. 149, Justice Mahmood stated, “Marriage among
Muslims is not a sacrament but purely a civil contract.” On the other hand, another noted
scholar of Muslim Law.
Abdul Rahim states that marriage among Muslims is both an Ibadat (devotional act) as
well as muamlat (dealings among men). In the light of these statements, discuss the exact
nature of Nikah, pointing out its essential features and referring to case-law wherever required.
Q.16. Analyse the concept of Wasiyat in Islam and explain clearly the requirements of a valid
Wasouat and the means by which a Wasiyat can be revoked. Highlight the exceptions to the
one-third rule of testamentary disposition of property among Muslims. Also, reveal the
differences between the Shias and Sunnis with respect to the Law of Wills.
205
PCS – 2012
Q.17. Discuss in detail the Islamic procedure of divorce and its development in India with the
help of decided cases. Discuss the validity of ‘Triple Divorce’ under the Muslim law with the
help of decided cases. Do you agree that the practice of ‘Triple Divorce’ is not in accordance
with the Shariat? Give reasons.
Q.18. ‘K’ a Muslim dies leaving a son ‘B’, a widow ‘X’ by a pre-deceased son. ‘K’ by his will
bequeathed 1/3 of estate to ‘B’ and ‘Y’, ‘X’ does not consent to the bequest in favour of ‘Y’. Is this
bequest valid?
Q.19. Examine the conditions for which a Muslim woman ‘prejudiced by marriage’ can get
divorce from her husband.
HJS – 2011
Q.20. A Muslim man has two Muslim wives. The entire family converts to Christianity. Discuss
the status of the wives and children. Can he divorce his wives by triple talaq post conversion?
Q.21. Write short notes on following:-
(i) Dastane v. Dastane
PJS – 2010
Q.22. A Hindu embraces Islam and remarries. Wife also remarries. Is her remarriage valid?
Also compare the position of a Muslim wife in similar circumstance.
Q.23. What do you understand by Muta marriage under Muslim Law? What are the differences
between Muta marriage and Nikah?
Q.24. A Mohammedan dies, leaving debts, some house property, a minor son, a widow and a
brother. In order to discharge the debts the widow sells a house purporting to act as guardian
of her minor son. Is the sale binding of the minor? Will it make any difference if the sale is
effected by the brother who has been actually managing the property left by the deceased on
behalf of the minor?
HJS – 2010
Q.25. Define wakf. What are the legal incidents of a valid wakf.
Q.26. ‘B’ a muslim wife seeks dissolution of her marriage with ‘A’ on the ground that –
‘A’ neglected to maintain her for a period of 2 years. In fact, ‘B’ had voluntarily left ‘A’,
when ‘A’, brought a second wife. Decide the claim of ‘B’.
Q.27. Marriage amongst muslim is not a sacrament but a civil contract’. Elucidate.
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HJS – 2009
Q.28. Mention the circumstances which led to the enactment of the Muslim Women (Protection
of Rights on Divorce) Act, 1986. Whether the objectives of passing this Act have been achieved?
Discuss.
Q.29. Draw distinction between the following:-
(i) Ahasan talak and Hasan Talak. (ii) Hiba and Hiba-bil-iwaz.
(iii) Istridhan and dower.
PJS – 2007
Q.30. “Marriage under Muslim law is more like a contract.” Do you agree with this statement?
Support your answer.
Q.31. Is acknowledgment of paternity in Muslim law somewhat akin to adoption in Hindu Law?
Q.32. Draw distinction between any one of the following:-
(a) Ahsan Talak and Hasan Talak (b) Hiba and Hina-bil-Iwag
(c) Istridhan and Dower.
HJS – 2007
Q.33. Bring out the significance of the right of Hizanat under Muslim Law. Is this right absolute?
Q.34. How the concept of marriage under Muslim Law is different from that of under modern
Hindu Law?
Q.35. Distinguish the concept of ‘legitimacy’ under Muslim law from the concept of
‘Legitimation’ under modern Hindu Law.
Q.36. Applicability of Section 125, of Cr.PC to Muslims after the enactment of Muslim Women
(Protection of Rights on Divorce) Act, 1986.
Q.37. A Muslim who died leaving behind her husband, made a will of her entire property in
favour of her friend “F”. What is the maximum share to which ‘F’ is entitled to under Muslim
Law?
Q.38. A Muslim made a will of his properties in favour of his two friends ‘Y’ and ‘Z’, by
stipulating that the former would get ½ and the latter ¼ of his property. His heirs did not
approve of the will. Determine the respective shares to which each would be entitled under the
Sunni Law and Shia Law.
Q.39. Delineate the characteristic features of Wakf under Muslim Law.
Q.40. A maternal grandfather made a gift in favour of his newly born grandchild. The mother of
the child accepted the gift on behalf of the minor. State the circumstances under which this gift
is valid under Muslim Law.
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PJS – 2006
Q.41. How far the nature of marriage under Hindu and Mohammedan laws may determine
validity of the marriage with a pregnant woman, the husband having no knowledge of the
pregnancy? (r/w Hindu Law)
Q.42. When a hiba cannot be revoked?
Q.43. Ghulam Mohammed executes a deed in favour of his wife whereby he grants certain
immovable property to her in lieu of her dower but possession is not delivered to the wife. Is it
a transaction of hiba-bil-iwaz?
Q.44. When a Kazi may be appointed?
Q.45. Amina Begum is entitled to dower of Rs. 16,000. Her husband dies leaving behind a son
and two daughters. Determine and calculate the liability of the heirs towards the dower debt.
Q.46. How does the Shariat Act, 1937 reconcile the customs that contravene the Mohammedan
Law?
Q.47. Does the renunciation of Islam by a wife operate ipso facto as dissolution of marriage?
Q.48. Distinguish between ‘acknowledgment’ and ‘adoption’. (r/w HAMA)
Q.49. Who can remove ‘Mutawalli’? Can the power as such be delegated?
Q.50. Explain the meaning of ‘Wakf’.
Q.51. What constitutes cruelty as mentioned in the Dissolution of Muslim Marriage Act, 1939?
Q.52. State the right to dower of wife seeking dissolution of marriage under the Dissolution of
Muslim Marriage Act, 1939.
Q.53. On what counts does fasid marriage differ from the batil.
HJS – 2006
Q.54. What is the doctrine of Acknowledgment of Legitimacy under Muslim Law? How is it
different from “Legitimation”?
Q.55. Marriage amongst Muslims is a contract, but it is also a ‘sacred covenant’ – Fyzee.
Comment. (Protection Rights on Divorce) Act, 1986.
(Q.56. Applicability of Section 125 of Cr.P.C. to Muslims after the enactment of Muslim Women.
(Protection Rights on Divorce) Act, 1986.
Q.57. What is ‘bequeathable property’? How is it different from ‘heritable property’?
Q.58. A Muslim made died leaving behind his widow, made a will of his entire property in
favour of his friend ‘F’. What is the maximum share to which ‘F’ is entitled to under Muslim
Law?
208
Q.59. A Muslim made a will of his properties in favour of his two friends ‘Y’ and ‘z’, by
stipulating that the former would get ½ and the latter ¼ of his property. His heirs did not
approve of the will. Determine the respective shares to which each would be entitled under the
Sunni Law and Shia Law.
Q.60. A maternal grandfather made a gift in favour of his newly born grandchild. The mother of
the child accepted the gift on behalf of the minor. Is this gift valid under Muslim law?
Q.61. A Muslim died leaving behind 5 grandchildren, three children G1, G2, G3 of his
predeceased son Fazal, and two children G4 and G5 of his predeceased son Abdul. What is the
quantum of share of each under the Sunni Law and Shia Law?
PJS – 2003
Q.62. Whether a Muslim woman is entitled to maintenance in terms of Section 125 Cr.P.C.?
Discuss with case law.
Q.63. Whether a Muslim wife can divorce her husband under the Mohammedan Law? Explain
the concept of ‘Dower’ and ‘Iddat’ under the Mohammedan Law.
Q.64. Whether Mohammedan Law makes any distinction between ancestral and self-acquired
peoperty, movable and immovable peperty for the purposes of inhereitance?
Q.65. A Mohammedan male dies leaving behind widow and a minor son. Widow sells property
on the ground that she requires money to sustain the family. Is the sale valid?
Q.66. What is meant by Wakf. How the Wakf is created and maintained?
Q.67. Who can be de-facto and de-jure guardian of the property of a Muslim minor? To what
extent de-facto guardian of a Muslim minor can alienate his immovable property?
HJS – 2003
Q.68. Discuss the general rule of succession under Islamic law.
In the following cases to whom property will devolve and how much share each heir will get?
(a) A Muslim male died leaving widow, son, daughter and son and daughter of other
predeceased son.
(b) A Muslim female died leaving husband, mother, father and two daughters.
(c) A Muslim male died leaving widow and mother.
Q.69. Discuss different kinds of Talaq under the Islamic Law.
Q.70. State the nature and kinds of Mahr. Whether a Muslim widow can retain her husband’s
property in lieu of Mahr? Whether right to receive Mahr and enjoyment of the property is
transferable or heritable. Discuss with the help of Maina Bibi’s Case?
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PJS – 2001
customary law:
(e) W, a woman, gets married to H after 40 days of dissolution of her previous marriage
to B.
Q.72. Discuss “Option of Puberty” as a ground for divorce. Compare the grounds as it is
available to a Hindu and a Muslim woman.
Q.73. A Muslim male wants to dissolve his marriage. Advise him explaining the relevant
provisions and procedure for divorce under Muslim law.
Q.74. What are the essentials of a valid Hiba under Muslim law? Discuss the validity of
following gifts in Muslim law:
(a) Rahim hands over to his wife a non-transferable fixed deposit receipt which he
received from a bank and says, “After taking a bath, I will go to the bank and transfer the paper
in your name.” He died while bathing.
(b) Rahim, owner of a rented house, makes a gift to the house to his father and migrates
to Dubai where he dies. He had given a letter of gift to his father but no intimation of it was
given by him to his tenant.
(c) Rahim makes a gift of his house to the child in the womb of his daughter.
Q.75. Discuss the Muslim law relating to will with reference to the following matters:
(a) Capacity to make a Will
(b) Formalities for making a Will
(c) Subject-matter of a Will
(d) Bequeathable portion of estate
(e) Who can be a legatee?
(f) Bequest to heirs
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HJS – 2001
Q.76. Discuss the nature of marriage under the Hindu Law and the Muslim Law with the help of
decided cases. A Hindu boy of age married to a Muslim girl 19 years. Under which Law the
marriage would be valid? If not, what would be the status and position of children out of this
wedlock? Whether they would be legitimate?
Q.77. Who can claim Haq-Shufa (pre-emption) and what are the formalities to claim rights to
pre-emption? State the legal devices for evading right of pre-emption.
Q.78. Explain the essential conditions of a valid acknowledgment. Refer too decided cases.
Q.79. What do you mean by doctrines of ‘Aul and Radd’.
Q.80. A Muslim woman died leaving her husband and two sister. How her property will
devolve?
Q.81. A Muslim male died leaving his mother, widow and daughter. How much share they will
get?
PJS – 2000
Q.82. A, a Sunni Muslim, bequeaths one-third of his estate to B, one-fourth to C, and one-fifth to
D. A’s heirs refuse to give their consent to the bequest. How will this refusal affect the rights
accruing to B, C and D from the bequest? Would it make any difference if the family had been
governed by the Shia Law?
Q.83. C, a Muslim, executed a deed of gift of a house in favour of D. At the time of the gift, the
house was in possession of A who claimed it adversely to C. D sues A to recover possession of
the house as donee and joins C also as defendant. C in his written statement admits claim of D.
A contends that the gift is void since C had no possession of the house at the date of the gift and
no possession was ever given to D. Decide.
Q.84. M married H, who was undergoing iddat. On the death of M after three years of marriage,
H claimed a share in his property according to Muslim Law. Other hers resisted the claim on the
plea that the marriage was void. Decide giving reasons.
Q.85. A married his wife’s younger sister B during the lifetime of his wife. Is the marriage valid
under Shia and Sunni Law?
Q.86. A entered into an agreement with her husband B by which the husband authorized the
wife to divorce herself from him in the event of his marrying a second wife without her consent.
Is the agreement valid under Muslim Law? Give reasons.
Q.87. A, a Muslim wife, misbehaved with her husband, B. B, in anger, pronounced the word
Talak thrice. Thereupon she apologized for her misbehavior. They continued cohabitation. A
son, S, was born to them. S was got admitted to school by B as his own son and reared up as
suck.
211
After the death of B, his brother, laid exclusive claim to his estate. Decide the suit.
Defences raised are that Talak was revoked and that the paternity of son was acknowledged by
B.
Q.88. Rahim married Shah Bano in 1994. Not finding herself able to able to adjust with the
mother of Rahim, Shah Bano advised him to take a house on rent. Rahim refused to leave the
aged parents alone. Shah Bano leaves the matrimonial home in 1996 and goes to her parental
home as she did not want to live with her-in-laws. She neither asked for any maintenance
allowance nor did Rahim send any amount to her for maintenance.
In 1999 Shah Bano filed a petition for divorce against Rahim on the ground of cruelty and non-
payment of maintenance for a period of two years. Decide and write a judgment.
HJS – 2000
Q.89. A divorced Muslim wife has in her custody born out of wedlock before divorce. Can the
children claim maintenance from her and if so, how?
Q.90. Can a Muslim mother, who is not appointed guardian of minor’s property, effect sales of
minor’s property for their benefit? Discuss with decided cases.
Q.91. A Muslim executes a deed in favour of his wife whereby h grants certain immovable
property to her in lieu of her dower but possession is not delivered to her. What if the nature
and validity of this transaction?
PJS – 1999
Q.92. Rahim bequeaths orally half of his property to a school and another half by a registered
deed to his wife. After his death his children wish to avoid both the wills. Advise them as to the
provisions of Muslim Law (Shia and Sunni) under which the validity of the wills can be
challenged.
Q.93. What are the essentials of a valid gift under the Muslim law?
Q.94. Discuss the validity of following gift:
(i) A makes gift to B of wheat that may be produced on his farm next year.
(ii) A executes a gift deed in favour of his nephew of a house in which both of them were
residing. A continues to live in the same house but paid taxes etc. in the name of the donee.
Q.95. Rahim, a Sunni Muslim, pronounces triple talak against his wife for satisfying his father’s
demand to divorce her. Immediately he repents and marries her then and there. What will be
the legal status of this marriage? Discuss and decide.
Q.96. Fatima, a 14 years old Muslim girl, was given in marriage by her father. During their
honeymoon, the marriage was consummated. Shortly after that, she returned to her parent’s
house. She repudiates her marriage on attaining the age of 15 and refused to go her husband’s
house. Advise Fatima as to the grounds on which she may obtain dissolution of her marriage.
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HJS – 1999
Q.97. Discuss the changing concept of ‘Cruelty’ as a ground of matrimonial relief under the
Hindu Law and Muslim Law both. Refer the recent case law on the subject. (r/w Hindu Law)
Q.98. With the help of decided case discuss the meaning of “reasonable and fair provision and
maintenance” as envisaged in Section 3(1)(a) of the Muslim Women (Protection of Rights on
Divorce) Act 1986.
Q.99. Can a Muslim divorced woman claim maintenance allowance directly against the Wakf
Board, or, she should follow the procedure mentioned under Section 4 of the Muslim Women
(Protection of Rights on divorce) Act 1986. Discuss with reference to case law.
Q.100. Define ‘Will’ and explain the principles of abatement of legacies. (r/w Indian Succession
Act, 1925 and Hindu Law)
Q.101. ‘A’ dies leaving a will in which he has left a legacy of Rs. 10,000/- to B. The will is in the
hand writing of A, but not signed by him, nor are there any witnesses attesting the will. The
heirs of ‘A’ challenged the will. Can they succeed? (r/w Indian Succession Act, 1925 and Hindu
Law)
Q.102. With the help of decided cases, write a critical note on the following:
(i) Widow’s right of retention of husband’s estate in lieu of dower. Whether this right is
heritable or transferable, or both?
(ii) Uniform Civil Code or, option of puberty under Muslim Law and Hindu law. (r/w
Hindu Law and Art. 44 Constitution)
PJS – 1998
Q.103. Discuss the validity of the following marriages under Sunni and Shia Law:
(a) H, a Sunni boy, married W, a Shia girl, in the absence of witnesses.
(b) H gets married to his wife’s younger sister.
(c) H gets married to his father’s sister’s daughter.
(d) Salma, a 16 year old girl, given in marriage by her father without obtaining her
consent.
213
Q.104. Mahmood Ali, a Sunni Muslim, married Fatima Bibi in 1990. In 1995 he married Hasina
Begum. Fatima Bibi did not like her husband’s second marriage, left the matrimonial home and
went to her parents’ house. As her parents are very rich, she never asked for maintenance nor
Mahmood Ali sent any amount to her maintenance.
On 1.1.1998, Mahmood Ali files a petition for the restitution of conjugal rights against
Fatima Bibi. She files a petition for divorce against him on the ground of cruelty and non-
payment of maintenance for a period of two years.
Discuss and decide with the help of legal provisions and case law.
Q.105. What are the essentials of valid gift under the Muslim law?
H made a gift by a registered deed to his minor wife, W, who had attained puberty. The
gift was accepted on W’s behalf by her mother in whose house. H and W were residing. W’s
father and grandfather were dead. Discuss the valid of the gift.
Q.106. Rahim executed three wills one after another. In the first Will, he bequeathed Rs. 40,000
in favour of his sister’s child who in the womb of his mother and is born 2 months after Rahim’s
death. The second will is for Rs. 20,000 in favour of a school. The third will is for Rs. 30,000 in
favour of a Hanuman temple.
At the time of his death, he left properties worth Rs. 2 lakhs. Dower fixed for his wife, but
not paid Rs. 60,000. His funeral expenses work out to be Rs. 5,000.
At the time of his death, he left properties worth Rs. 2 lakhs. Dower fixed for his wife,
but not paid Rs. 60,000. His funeral expenses work out to be Rs. 5,000.
Discuss the validity and entitlement in respect of each bequest under Sunni and Shia law.
HJS – 1998
Q.107. The husband is not providing maintenance to his wife because of her refusal to live with
him. State whether the wife can claim decree of dissolution of marriage under the Dissolution of
Muslim Marriages Act, 1939. Refer to decided cases.
Q.108. Examine the validity of the following:-
(i) A marriage with a woman undergoing iddat.
(ii) A marriage with a wife’s sister after the death of wife.
(iii) A gift to an unborn person.
(iv) A gift by a mother to an infant child without delivery possession.
214
Q.109. Write short notes on any four of the following:-
(a) Limit of testamentary power of a Muslim.
(b) Gift made during Murz-ul-Maut.
(c) Non-payment of prompt dower.
(d) Nature of Muslim Marriage.
(e) Conditions of valid acknowledgment.
HJS – 1996
Q.110. Examine the validity of the following:-
(a) A Muslim male marries the daughter of his own step mother from previous husband.
(b) A Sunni Muslim boy of 16 years marries a Christian woman of 81 years.
(c) A marries the daughter of his own wife from previous husband.
(d) A Sunni girl marries a Christian male.
(e) A Shia male marries a Christian girl.
Q.111. Writ short notes on the following:-
(a) Hiba-bil-iwaj (b) Sajjadansahina
(c) Hizannat (d) Mehar-i-Misal
PJS – 1995
Q.112. What is the procedure for granting divorce under Mohammedan law? Whether a wife
can give divorce to her husband under the Mohammedan Law?
Q.113. Explain “Dower” under Mohammedan Law.
(i) Waji-ul-arz and Riwaj-i-am.
215
Indian Limitation Act, 1963

PJS – 2018
Q.1. Are there any exceptions to the limitation under the Limitation Act, 1963? Briefly explain
the same with suitable illustrations, statutory provisions and judicial decisions. (10
Marks)
PJS – 2015
Q.2. “Rules of Limitation are not meant to destroy the rights of the parties, rather the idea is that
every legal remedy must be kept alive for a legislatively fixed period of time.” Supreme Court in
Brijesh Kumar (2014). Elucidate.
Q.3. What is the most critical condition for exercise of discretion by the Court for condoning
delay when a mandatory provision is not complied with? Discuss by clearly distinguishing
‘delay’ from ‘inordinate delay’ and whether delay can be condoned on sympathetic grounds
alone?
HJS – 2015
Q.4. ‘Law of limitation simply bars judicial remedy; it neither affects extra judicial remedy; it
neither affects extra judicial remedies nor the substantive right itself.’ Explain.
Q.5. How do you construe ‘legal disability’ as embodied under the Limitation Act, 1963?
PJS – 2013
Q.6. X and Y had entered into a contract wherein X was to provide some raw materials for the
new factory being set up by Y. Y made the due payments in advance and the rest of the payment
was to be made on the date of delivery i.e. 14.07.2008. On 10.07.2008, Y suffered a massive
heart attack and was paralysed. Taking advantage of his condition, X did not supply him the raw
materials and instead sold it to another client. As Y was suffering from severe health problems,
he remained almost immobile for a period of two years. He was not in a position to look after
his business and could not pay any attention to the same. After getting better around October
2010, Y was declared medically fit by the doctors on 02.11.2010. He was told that he could get
back to work but was advised to take it slowly. On 15.12.2011, he filed a suit against X for
breach of contract and damages. Decide if the suit is barred by imitation.
216
Q.7. Whether it is a private person or entity or the State which is seeking condonation of delay
under section 5 of the Limitation Act creates a substantial difference in the approach of the
court towards the application. When the State has applied for condonation, the court has to
apply its mind differently. Respond to the above statement in the light of settled judicial policy.
Q.8. A files a suit for possession of land against B which is decided in his favour vide judgment
dated 21.09.1969. However, the decree sheet in terms of the judgment was prepared only on
01.04.1981. Thereafter, A filed an execution application is barred by time or not.
HJS – 2013
Q.9. ‘A’ is the agents of ‘P’, who resides in Chandigarh and ‘B’ handles one branch of P’s business
in Mumbai. ‘P’ has a business of collecting antique items and selling them to interested buyers.
For the same, ‘A’ is required to hold periodical auctions of valuable antique items in Mumbai.
One such auction was held on 2.3.08. Around 15 items were sold for a collective price of Rs. 25
lakhs. The said amount was less than the normal recovery which is to be expected in auction.
‘P’ enquires regarding the same from ‘A’ over the telephone but does not receive any
satisfactory answer. Due to his hectic schedule, ‘P’ is unable to visit Mumbai fort the next two
years, he visits Mumbai on 20.03.2010. Upon reaching there, he makes extensive enquiry about
the said transaction and finds out that ‘A’ had failed to give adequate notice to the public of the
auction. The notice was given just 1 day before the auction and that too in a newspaper with
limited circulation. Thus, goods which would have fetched around Rs. 75 lakh were sold for
only Rs. 25 lakh for lack of competitive bidding. On his way back on 21.03.2010 he meets with
an accident. He slips into coma. He comes out of the coma on 10.06.2012. On 20.05.2013 he
files a suit against ‘A’ for claiming damages for his losses. ‘A’ contends that the suit is barred by
limitation as the limitation expires in 2011. ‘P’ contends that the period between 21.03.2010
and 10.06.2012 should be excluded in the computation of the limitation period. Adjudicate
upon these contentions.
Q.10. ‘X’ wanted to institute a suit against ‘Y’ for the breach of contract by ‘Y’ in relation to a
contract of sale of goods. The goods were delivered to ‘Y’ on 12.11.2011 in Yamuna Nagar.
Since the date of the delivery, ‘Y’ is yet to pay for the goods despite repeated reminders. The
lawyer admits that ‘X’ has a good case and advises him to file a case in Yamuna Nagar. ‘X’ is not
inclined to file the suit in Yamuna Nagar as ‘Y’ resides there and would be able to secure good
legal representation. ‘X’ wants to file the suit in the Faridabad where ‘X’ has some relatives
where it will not be very inconvenient for ‘X’ to attend to the case. Thus ‘X’ files the suit in
Faridabad on 06.06.2013. He is very diligent in attending the court and pursuing his case. He is
personally present on each hearing. On 08.10.2014, the court in Faridabad dismisses the suit on
the ground that it has no jurisdiction to try the said suit. ‘X’ institutes a suit against ‘Y’ in
Yamuna Nagar on 20.11.2014.
Discuss the rules of computation of limitation period applicable and decide the case?
217
PCS – 2012
Q.11. ‘P’ filed a suit against ‘D’. ‘D’ in his written statement took a specific objection that the suit
was bad for non-joinder of ‘L’, ‘M’ and ‘N’, who were also necessary parties. ‘P’ continued with
his suit despite the objection taken by ‘D’ and eventually his suit was decreed. ‘D’ preferred
cause of action. ‘P’ immediately filed a fresh suit, this time against ‘D’ as well as ‘L’, ‘M’ and ‘N’.
Explain where the fresh suit against ‘D’ is barred by limitation? Whether suit against ‘L’, ‘M’ and
‘N’ is also barred by limitation? Support your reasons with reference to the provisions of the
statute and case law.
Q.12. ‘X’ filed a declaratory suit without affixing the requisite court fee. ‘Y’ took an objection in
the written statement and sought rejection of ‘X’s plaint. ‘X’ insisted that the court fee affixed by
him was proper. His plea was rejected by the Court, but it gave two months’ time to him to
correctly value the suit. ‘X’ having failed to do so, his plaint was rejected and sit dismissed. ‘X’
thereafter filed a fresh suit which was property valued. ‘Y’ in his written statement took an
objection that the fresh suit was barred by limitation. ‘X’ wants ot exclude the period spent in
the first suit, for the purpose of counting limitation. Give your comments with support of case
law.
Q.13. The scheme of the Limitation Act is to govern proceedings before the ‘Civil court’ only. Is
there any exception to this general principle? Explain and support your reasons with case law.
HJS – 2011
Q.14. What is the effect of ‘acknowledgement’ as envisaged under the Limitation Act?
Q.15. ‘X’ was allotted a residential plot in the Municipal Area of Karnal, being the highest bidder
in a public auction held by the Rehabilitation Department, Government of Haryana, on
31.10.1980. The site plan shown to ‘X’ at the time of auction depicted two public Parks’ on the
east and west side of the plot. ‘X’ constructed his house in April, 1985 after getting the building
plans sanctioned from Municipal Council, Karnal and kept windows on both sides of the house.
In the year 2004, ‘A’ started digging foundations in the open space abutting the ‘west’ side of the
‘X’s house, claiming to be its owner on the plea that it was allotted to him by the Rehabilitation
Department in lieu of the properties left by his deceased father in West Pakistan. ‘X’ institutes a
civil suit on 03.10.2006, claiming easement rights by prescription. Soon thereafter,
Rehabilitation Department also issued a public notice for the auction of a residential plot, which
as per the description given was abutting the house of ‘X’ on east side. ‘X’ institutes another civil
suit on 01.01.2007 against the Rehabilitation Department, claiming the easementary rights.
Explain with the support of case law:-
(i) Whether ‘X’ has acquired absolute and indefeasible right to easement against ‘A’?
(ii) Whether ‘X’ has acquired absolute and indefeasible right to easement against the
Rehabilitation Department, Haryana?
(iii) What are the essential conditions to claim such like easementary rights under
the Limitation Act, 1963?
218
PJS – 2010
Q.16. What is the difference between:-
(i) the doctrine of limitation and laches,
(ii) the doctrine of limitation and acquiescence.
Q.17. Develop the principle, “when time once begin to run no subsequent inability to sue stops
it.” What are the exceptions to this principle?
Q.18. ‘A’ passed a promissory note on 10th January, 1913, payable on demand to ‘B’ and
company ‘B’, ‘C’ and ‘D’. Immediately after passing of the promissory note, ‘B’ became insane.
‘D’ who was a minor attained his majority on 1st January, 1917. On 10th February, 1917 ‘D’ files
a suit against ‘A’. Is the suit time-barred?
HJS – 2010
Q.19. Discuss the law relating to the computation of the period of limitation prescribed for any
suit, appeal or application and exclusion of time bona-fidely spent in pursuing proceedings in a
Court having no jurisdiction.
Q.20. ‘A’ advanced Rs.10,000/- to ‘B’ on simple mortgage of his property on 1.1.1977. The
period of repayment was one year from the date of the mortgage. In December 1980, ‘A’ died
leaving ‘C’, a minor son aged one year. In 1998, ‘C’ filed a suit for sale of the mortgaged
property. Is the suit within time? If so, explain.
Q.21. ‘A’ borrowed a sum of money from 'B’. The last date for filing the suit fell on Sunday. On
next day i.e. Monday ‘A’ gave a written acknowledgment to ‘B’. Should ‘B’ file the suit
immediately on Monday or he can file it after some time? Advice.
219
HJS – 2009
Q.22. What do you understand by legal disability, as embodies under the Limitation Act?
Q.23. Cause of action accrued to plaintiff’s father in 1977 when he was a minor. The plaintiff
was not even born at that time. After the death of the plaintiff’s the plaintiff got the right to sue,
but he was then a minor for several years. The plaintiff filed a suit on attaining majority. Would
the suit be maintainable?
Q.24. A had a right to sue in 2002 (limitation 3 years). He remained insane from 2004 to 2006.
He instituted a suit in 2006. Would his suit be barred by limitation?
Q.25. What is the effect of acknowledgment as envisaged under the Limitation Act?
Q.26. Do the following amount to acknowledgement of a debt?
(i) “It is not that I won’t pay you but that I cannot do so….” What I wrote was not
that I saw no prospect at present of being able to repay the capital, but that I saw
no prospect of being able to reply the capital at present.
(ii) “I owe the money, but I cannot tell when and how I will be able to pay”.
(iii) “I owe the debt, but I will not pay it, unless I am compelled by law.”
(iv) A sends a letter duly signed to his own son acknowledging liability for a debt due
to B, a creditor. Can the creditor B rely on such acknowledgement for extension
of time in his suit against A?
PJS – 2007
Q.27. “Once time has begun to run, no subsequent disability or inability a suit or make an
application stops it.” Discuss briefly, giving exceptions if any.
Q.28. P, a Hindu male having a right to file a suit again C dies before the right to file the suit
accrues. P leaves behind a minor son aged 11 years. Minor son of P is to file the suit. Advise
minor son on the aspect of limitation.
Q.29. Write a critical note any one of the following:
(a) Sufficient cause for condonation of delay.
(b) Effect of acknowledgment in writing.
(c) Good faith.
HJS – 2007
Q.30. ‘Law of limitation simply bars judicial remedy. It neither affects extra judicial remedies
nor the substantive right itself.’ Comment.
220
PJS – 2006
Q.31. Elaborate the guidelines to be borne in mind while determining if the sufficient cause
exists.
Q.32. Whether the Law of Limitation can be waived in India?
Q.33. A Military vehicle got damaged by collusion with a civil truck. Can the time taken for
obtaining the sanction from Army Head Quarter be condoned for the delay in filing an action?
HJS – 2006
Q.34. Comment upon the following statements:
(i) Law of limitation simply bars judicial remedy; it neither affects extra judicial
remedies nor the substantive right itself.
(ii) Statute of Limitation is “a statute of repose, peace and justice.”
Q.35. ‘L’, landlord succeeded in getting an eviction decree against his tenant T, it which was
confirmed by granting time till 31.12.2002 to vacate the premises. On 01.01.2003, a fresh lease
deed was executed for a period of one year with effect from 01.01.2003. Thereafter, on
01.03.2003 ‘T’ came up with an application raising the pleas that eviction decree had become
non-executable in view of the fresh lease deed, dated 01.01.2003. Decide if the said application
would amount to adjustment or satisfaction of the eviction decree in view of the relevant
provisions of the Limitation Act 1963.
PJS – 2003
Q.36. A advances a loan of Rs. 24,000/- to B on 17.12.1994. B returns a sum of Rs. 3,000/- on
January 20, 1998. A files a suit for recovery of Rs. 21,000/- along with the interest thereon in
the first week of January, 2001. Whether the suit of A is within limitation?
Q.37. Discuss the essential ingredients of the plea of ‘adverse possession’.
Q.38. Whether there is any limitation to file a suit for possession based on title? Explain the
difference between Articles 64 and 65 of the Limitation Act.
Q.39. What is meant by ‘Sufficient cause’ within the meaning of Section 5 of the Limitation Act?
Explain the principles of condonation of delay with reference to case law. Whether any litigant
is entitled to special privilege in such matters?
221
HJS – 2003
Q.40. “The law of limitation extinguishes remedy but does not extinguish rights.” Elucidate.
When can plea of limitation be raised?
Q.41. Examine the effect of fraud or mistake on the period of limitation.
Q.42. What are legal disabilities? How do they affect the question of limitation prescribed for
the institution of suit?
PJS – 2001
Q.43. What is the effect of legal disabilities of a person on the prescribed period of limitation?
A obtained a decree of eviction against his tenant. While the execution of the decree is in
progress, a new Act came into force whereby A is required to obtain permission of an authority
named in the Act for execution of the decree. The Act states that the decree cannot be executed
without such permission. What is the effect of this provision? Does it create a legal disability?
If so, what is the effect of it on limitation of the application for execution in this instant case?
HJS – 2001
Q.44. “The Law of Limitation is retrospective in its effect”. Comment. What are the rules of
Limitation in the case of trust?
Q.45. “Once period of limitation starts to run no subsequent disability can stop it”. Explain.
Q.46. Explain the principles regarding the exclusion of the time while computing the period of
Limitation for suits and appeals.
Q.47. When does the payment of interest or a part payment of principal amount by the debtor
extend the period of Limitation.
PJS – 2000
Q.48. “Law of Limitation bars only remedy, and does not destroy the right”. Comment on the
statement.
Q.49. X files a suit against Y in the Civil Court on 16th August, 2000. As per limitation rule the
last date for filing that suit was 12th August, 2000. 12th, 13th and 15th of August, 2000 were
holidays. Y takes the plea that the suit is time barred. X pleaded that last day for filing the suit
was a holiday. Decide giving reasons.
222
HJS – 2000
Q.50. In computing period of limitation for filing appeal against judgment of the Lower Court
specify the days which are not to be counted or excluded.
Q.51. Can the court adjudicate upon the Bar of limitation though the written statement does not
raise that issue?
Q.52. Can the court extend period of limitation for filing suit if sufficient causes are shown?
What are the limitations on powers of condonation of delay by courts?
Q.53. What is the effect of addition of a plaintiff or defendant in a pending suit upon the
limitation for filing such suit?
Q.54. Describe what is an “acknowledge” under the Limitation Act. What are the effects of
“acknowledgment” on limitation? Discuss with illustration.
Q.55. What are the pre-requisites of establish “ADVERSE POSSESSION” in Hindu Law and
Limitation Act?
Q.56. What are the duties of government officers with reference to section 5 of the Limitation
Act in a suit, where the government is a party?
PJS – 1999
Q.57. X, Y and Z are the partners of an appellant firm. A decree was passed against the firm by
the court. The last day for filling the appeal against this decree was 30.11.98. All the partners
did nothing for filing the appeal during the prescribed period. The appeal was filed on 1.12.98.
X made an application for seeking condonation of delay under Section 5 of the Limitation Act,
1963, claiming therein that he was the incharge of litigation and fell ill on last day and could not
file the appeal on that day.
The other party raised objection on the ground that the appellant’s partners had shown
lack of diligence and negligence during the whole period of limitation. Decide giving reasons.
HJS – 1999
Q.58. With the help of decided cases, explain the doctrine of “Sufficient Cause” as envisaged
under Section 5 of the Limitation Act.
Q.59. Examine the effect of ‘Fraud’ or Mistake on the period of Limitation.
Q.60. What is the effect of acknowledgement on the period of limitation? How this period of
limitation is computed in such a case.
PJS – 1998
Q.61. A filed an appeal to the District and Sessions Judge, Delhi, against the conviction order of a
Metropolitan Magistrate on 2.11.1998, Monday. The appeal was delayed by two days. He made
an oral application for condonation of delay on the grounds that the limitation period for filing
223
the appeal was expiring on 31.10.1998, Saturday, not being a lucky day for him, he preferred the
appeal on Monday, the most lucky day for him.
Discuss whether the delay of only two days can be condoned in the present case.
Q.62. A entered into a contract with B for the supply of rice worth Rs. 2 lakhs to B. B has to make the
payment within one month of the delivery of rice. Rice was delivered to B on 1.1.1990. B failed to make
the payment within the stipulated time. He made a payment of Rs. 50,000 to A against the price of the
said rice on 15.5.1992 as part payment and acknowledged in writing to clear the balance within the next
two months. On 15.1.1995, A filed a suit against B for the recovery of the balance amount along with
interest. B contended that the suit is time barred as being filed after more than three years from the date
when the payment had become due. A pleaded that fresh period of limitation starts from the date of part
payment of the price of rice. Decide, giving reasons for your decision.
HJS – 1998
Q.63. What is the significance of period of limitation?
Q.64. Whether the Limitation Act, 1963 applies to a proceeding under Article 32 and 226 of the
Constitution?
Q.65. What are the days which could be excluded while computing the period of limitation?
Q.66. Explain the doctrine of ‘Sufficient Cause’ for condonation of delay.
Q.67. What is the limitation period prescribed for filing a suit in the following cases:-
(i) By a landlord to recover possession from a tenant.
(ii) For compensation for false imprisonment.
(iii) To enforcement a right of pre-emption. (iv) For specific performance of contract.
HJS – 1996
Q.68. Where a person entitled to institute a suit is a minor or insane or idiot; when will the
prescribed period of limitation begin to commence? Give illustrations.
Q.69. What is the effect of payment made before the expiry of the limitation?
Q.70. A owes a sum of Rs. 200/- to B on a pronote. Before the expiry of the period of limitation
A pays a sum of Rs. 200/- to B towards that pronote. What is the effect of this payment on
limitation?
Q.71. Under what circumstances can delay be condoned in the filing of appeal and applications?
PJS – 1995
Q.72. Define adverse possession?
Q.73. which will be the date of terminus quo for adverse possession.
Q.74. State briefly the difference between Article 64 and Article 65 of the Limitation Act, 1964.
224
Indian Registration Act, 1908

PJS – 2018
Q.1. Briefly explain and critically evaluate the objectives of the Registration Act, 1908. Do you
think that this enactment is enforced meaningfully? Give reasons. (10 Marks)
PJS – 2015
Q.2. Discuss whether a document that merely records a transaction which is already concluded
and which does not create any rights and liabilities require registration under the Registration
Act of 1908.
HJS – 2015
Q.3. Critically examine the circumstances in which registration of a document can be validly
refused by the Registering Authority.
PJS -2013
Q.4. If a document is registered as per the provisions of the Registration Act, 1908 on which the
requisite fee is not paid in full, can the deficit fee be recovered from a person liable to pay the
same? If yes, by which Authority? Is there any time limit to recover such fee? Also describe the
mode of recovery as envisaged under the Registration Act?
Q.5. X prepared a will on 02.03.2010 by which he bequeathed all his property to Y, his mistress.
The property included his self-acquired property and his ancestral property. He registered the
will on 04.02.2012. Upon his death, his relative A got to know about the will and challenged its
validity on two grounds:-
(i) The will if it is to be registered must be registered within four months from the date
of its execution which has not been done in this case.
(ii) The will cannot be registered as X did not have the authority to bequeath his
ancestral property. Determine the validity of the contentions raised by A.
Q.6. X and Y enter into a lease agreement of a button manufacturing factory for a period of five
years. They are both residents of Kolkata. They drafted the document in Bengali and presented
it for registration. The registration officer, A is from Andhra Pradesh who understands only
Telugu and English. A refuses to register the agreement on the ground that it is in a language
which he does not understand. X and Y contended that he (‘A’) cannot have any objection in
registering the agreement.
Decide whether the refusal by A is valid or not.
225
HJS – 2013
Q.7. ‘A’ bequeaths property worth Rs. 2 Crores to his friend ‘b’. A’s family members allege that
the bequest is invalid for want of registration. Decide the case.
Q.8. There is a contract to be signed between ‘A’, ‘B’, ‘C’ and ‘D’ on one hand and ‘E’ on the other
hand. As per the arrangement the contract has to be first signed by ‘A’ and ‘E’ on 02.03.2013.
Then ‘B’, ‘C’ and ‘D’ are to join the contract as parties on 02.05.2013, 02,07,2013 and 02.09.2013
respectively. On 01.06.2013 ‘A’ seeks to register the document. ‘B’, ‘C’ and ‘D’ object to this by
contending that the document can be registered only after 02.09.2013.
Decide on whether the document can be registered on 01.06.2013?
PCS – 2012
Q.9. “A family arrangement seldom requires registration”. Do you subscribe or disagree to this
view? Give your reasons with supporting case law.
Q.10. A document transferring Title or interest in an immovable property cannot be registered

at a place where no part of the property is situated and such documents with support of case
law.
HJS – 2011
Q.11. What is the impact of the Property Laws (Amendment) Act, 2001, which amended the
Registration Act as well on Section 53-A of the transfer of Property Act?
Q.12. What documents may be registered? What are the effects of non-registration?
Q.13. Discuss the circumstances in which registration of a document can be refused by the
Registering Authority. Is there any remedy against an unjustified refusal? Briefly discuss.
PJS – 2010
Q.14. Discuss the circumstances in which Registration of a document can be refused by the
Registering Authority? What is the remedy against an unjustified refusal?
Q.15. Whether the following types of lease of immovable property requires registration:-
(i) A lease for six months.
(ii) A lease for a term exceeding one year
(iii) A lease for year to year
(iv) A lease which is for one year with a continuing option to review for further period
of one year.
226
HJS – 2010
Q.16. Enumerate the nature and category of documents whose registration is optional.
Q.17. State with reasons whether registration of following documents is compulsory:
(i) Sale certificate given by court
(ii) General Power of Attorney
HJS – 2009
Q.18. Discuss the circumstances in which registration of a document can be refused by the
Registering Authority. What is the remedy against an unjustified refusal?
Q.19. Can a registered document be-registered? If so, under what circumstances?
Q.20. A document for sale of immovable property was executed by a widow, who sent her
husband’s brother for registration. Her husband’s brother had no power of attorney, to sell or
present the said document for registration on behalf of the widow. What right is available to the
vendee?
PJS – 2007
Q.21. A sale deed executed on 30-06-2006 is presented to the concerned Sub Registrar for
registration on 06.11.2006. The Sub Registrar refuse to register the same informing that the
time for registration has elapsed. The vendee wants to make an application supported on
affidavit to the Sub Registrar showing sufficient cause for the delay. Vendor supports his
application. Help the vendee suggesting legal recourse open to him.
Q.22. A Will executed on 07-06-2004 is presented for registration on 20.12.2006. Registration

is refused on the ground of delay. Discuss the remedy, examining the objections.
Q.23. “A document containing the terms and conditions of a family arrangement and a
memorandum prepared after a family arrangement for keeping record, have different legal
effect. Discuss this statement briefly with reference to registration of documents, citing case
law.
HJS – 2007
Q.24. Discuss if a deed of dower by a Muslim husband in favour of his wife transferring to her
immovable property of the value of Rs. 10,000 in lieu of satisfaction of the dower debt due to
her requires registration under the relevant provisions of the Registration Act.
227
PJS – 2006
Q.25. ‘X’, a coparcener, wants merger of his self-acquired property in the joint family property.
Advise him about registration whether essential or not. (r/w HSA)
Q.26. Whether the Registration Act strikes at document or the transaction?
Q.27. Can a consent decree in absence of registration operate as instrument of transfer by gift of
immovable property?
Q.28. Whether lease of shop for one year requires registration? (r/w TPA)
Q.29. Whether transfer of standing trees of value Rs. 100/- or upwards can done without
registration? (r/w TPA)
Q.30. Whether hiba-bil-iwaz in writing is compulsorily registrable? (r/w TPA)
PJS – 2003
Q.31. Whether the Rent Controller has the jurisdiction to pass an order of ejectment even
though the tenant denies relationship of landlord and tenant and claims ownership? Whether
the findings recorded by the Rent Controller in such a case will operate as res-judicata in
subsequent proceedings before the Civil Court for recovery of rent or in a suit for possession?
(r/w S.11, CPC)
Q.32. A, B, C are brothers. They become co-owners of a house after the death of their father. C
was paying rent of Rs. 1,000/- per month to his father. After the death of father, he paid Rs.
1,000/- to A for two months. A files ejectment petition against C on the ground of non-payment
of rent, bonafide personal necessity and change of user. Is the ejectment petition maintainable?
Discuss.
Q.33. A sale deed is executed on 2nd January but is presented for registration for registration on
24th March before the Sub Registrar. The Sub Registrar refuses to register the document. What
are the remedies available to the vendee? If the document is registered. What will be date of
transfer of property?
Q.34. Whether an unregistered document which requires registration under the Registration
Act can be read in evidence and, if so, for what purposes? Discuss with case law.
HJS – 2003
Q.35. What are the different documents of which registration is compulsory? Mohd. Yashin
gifted his dwelling house to his wife orally. Both were residing in the house. After one year, he
executed a deed stating the fact of gift of the house to his wife. The deed was not registered.
Whether gift was valid? (IRA + TPA)
Q.36. What are the effects of non-registration?
228
PJS – 2001
Q.37. State with reasons whether the following document will fall within the ambit of Section 17
or Section 18 of the Registration Act:
(a) Power of attorney
(b) Partnership Deed
(c) Agreement to sell
(d) Will
HJS – 2001
Q.38. What are the special duties and controlling powers of the Registrar under the Indian
Registration Act, 1908?
PJS – 2000
Q.39. A agreed to sell his house to B. An agreement to sell was executed to this effect. It was
agreed that A shall transfer the house in the name of B and shall also hand over the possession
within one month of making the full and final payment of the agreed money by B. B made the
full payment of 1st June, 2000. He files suit against A on 1st October, 2000 for the specific
performance of contract. A contested the suit on the ground that the said agreement to sell is
not registered under Section 17 of the Registration Act, 1908. Decide.
HJS – 2000
Q.40. What are the consequences of non-registration of a document which by law requires to be
registered?
Q.41. Is a will required to be compulsorily registered? Discuss the effects of non-registration of

a will.
Q.42. What are the duties and powers of the Registrar under Registration Act?
PJS – 1999
Q.43. A let out his house to B for residential purpose for a period of five years on payment of
monthly rent by them and on such other terms as incorporated in the lease-deed executed.
Lease deed was not registered. B refused to vacate the premises after the expiry of lease period.
A filed eviction petition against B relying on the terms of the said lease deed. B contended that
the lease deed being unregistered is not admissible in evidence as per Section 49 of the Indian
Registration Act, 1908 and also is not enforceable. Decide giving reasons.
229
HJS – 1999
Q.44. A Muslim executes a deed of gift of his property to ‘B’, but the gift is not accompanied by
delivery of possession. ‘A’ subsequently executes a deed of gift of the same property to ‘C’ and
the gift is accompanied by delivery of possession. Both the deeds are registered. Is ‘B’ entitled
to the property? In this regard discuss the relevant provisions of the Registration Act.
Q.45. Discuss the effects of non-registration of Documents under India Registration Act. Refer
to cases.
Q.46. Discuss the duties and powers of Registrar under the Registration Act. What is the
procedure for admitting the documents to Registration?
Q.47. ‘A’ deposits the title deeds of his property with ‘B’ to secure payment of a loan made to
him by ‘B’. A then executes a legal mortgage of the same property to ‘C’. The mortgage deed to C
is duly registered. Is ‘C’ entitled to priority over ‘B’? Decide with the help of relevant provisions
of the Registration Act and refer to recent case Law.
PJS – 1998
Q.48. A agreed to sell his agricultural land to B. An agreement to sell was executed to this effect.
It was agreed that A shall transfer his land in the name of B and shall also hand over the
possession within two months of making full and final payment of the agreed money by B. B
made the full payment on 1.3.1998. He filed a suit against A on 1.6.1998 for the specific
performance of contract. A contested the suit on the ground that the said agreement to sell is
not registered u/s 17 of the Registration Act, 1908.
How would you deal with this plea of A?
HJS – 1998
Q.49. What are the documents of which registration is compulsory?
Q.50. Who can present a document for registration?
Q.51. Mention the documents of which registration is optional.
Q.52. What is the time limit for presenting a document for registration?
230
HJS – 1996
Q.53. What is the effect if a document required under law to be registered is not got registered
under the provisions of Indian Registration Act, 1908? Is such document enforceable in law?
Q.54. Can a document which requires registration be received in evidence of any transaction
effecting such property or conferring such power. If it has not been registered?
Q.55. Whether the following types of lease immovable property require registration? Give
reasons.
(a) A lease for year to year.
(b) A lease for six months.
(c) A lease for any term exceeding one year.
(d) A lease which is for one year contains an option to the tenant to renew for further
period of one year.
PJS – 1995
Q.56. Discuss the circumstances under which the registering officer can refuse to register a
document? What remedies are available to the person seeking registration in case of refusal?
Q.57. For what purpose can an unregistered lease deed that is required to be registered
compulsorily be used or admitted in evidence?
231
Customary Law of HR & PB

PJS – 2015
Q.1. “He who alleges custom must plead and prove.” Bring out the connotation of this statement
by explaining if a custom is considered derogatory to general law.
HJS – 2015
Q.2. ‘Custom is a question of fact and not of inferences.’ - Comment and elucidate.
PJS – 2013
Q.3. Write a critical note on ‘The element of antiquity in custom’.
HJS – 2013
Q.4. Write short notes on any two of the following:-
(i) Chadar Andazi
(ii) Anand Karaj ceremony
PCS – 2012 (No Qus. Asked)
HJS – 2011
Q.5. How does a custom originate? Write briefly the role of the Supreme Court in preserving
and developing the customs of the people? (r/w HMA Sec. 3)
Q.6. ‘Justice has emanated from nature. Therefore, certain matters have passed into custom by
reason of their utility. Finally the fear of law, even religion, gives sanction to those rules which
have both emanated from nature and have been approved by custom.’ What is the relevance of
this statement Cicero in Indian Legal System?
PJS – 2010
(i) Karewa Marriage
(ii) Chadar Andazi
(iii) Customary divorce
232
HJS – 2010
Q.8. What do you understand by Punjab Customary Law? How much is this relevant with
regard to marriage and divorce after the codification of Hindu Law? (r/w HMA)
HJS – 2009
Q.9. “…….clear proof of usage will outweigh the written text of law? Discuss bringing out the
importance of custom as a source of Hindu law. (r/w sec.3 HMA)
Q.10. What is the difference between “Kareva” from of marriage, and “chader andazi” form of
marriage? How are these marriages solemnized?
PJS – 2007
Q.11. “A person who alleges a custom contrary to some precept or provision of personal laws is,
prima facie, bound to prove that custom.” Discuss & Illustrate.
Q.12. Write a critical not on either of the following:
(a) Chadder Andazi (b) Customary Divorce
Q.13. If a man dies before the Muklawa (bringing home of the bride) ceremony and his brother
takes the Muklawa, whether it is a valid marriage? Discuss.
HJS – 2007
Q.14. ‘Custom is a question of fact and not of inferences.’ Comment. (r/w sec.3 HMA)
HJS – 2006
Q.15. Discuss customary appointment of an heir. Is it different from adoption under Hindu
Law? (r/w HAMA)
Q.16. Comment upon the statement: ‘He who alleges custom must plead and prove.’ Also bring
out the relevance of custom with legislation becoming the major source of law. (r/w Hindu Law
Sec.3) and in PJS – 2003 (No Qus. Asked)
HJS – 2003
Q.17. Customary law of Pre-emption in Punjab imposes unreasonable restrictions on the right
to dispose off one’s own property. Whether a neighbour is entitled to claim right of Pre-
emption? Refer to decided cases of the Supreme Court. (r/w Punjab Pre-emption Act and
Punjab Custom ACT,1920)
PJS – 2001
Q.18. Explain Karewa and Chadar Andazi Marriages. Among which tribes of Punjab are these
forms of marriages popular?
233
Q.19. Define marriage under customary law. Will it be treated as a valid marriage even if no
ceremonies were performed and the convention had been long established and the woman
treated as a wife by the man and recognized by the biradari?
customary law:
(e) W, a woman, gets married to H after 40 days of dissolution of her previous marriage
to B.
Q.21. What are the facts to be considered to determine whether a tribe follows agricultural
custom? Whether such a tribe can subsequently be considered to have abrogated custom and if
so in what circumstances.
HJS – 2001
Q.22. “The Punjab customary practices sometimes have precedence over enacted law like the
Hindu Succession Act, 1956”. Discuss. A Hindu having only agricultural holding died and left
behind two sons and one married daughter. The married daughter demanded her 1/3 share in
the agricultural holding. Sons claimed that she is not entitled to the share according to Punjab
Customary Law. Decide. (r/w Hindu Succession Act, 1956)
HJS – 1999
Q.23. Discuss the Constitutional validity of customary law of pre-emption in Punjab, which
imposes unreasonable restrictions on the right to dispose of one’s own property. Refer to case
law.
PJS – 1995
(i) General custom and special custom.
234

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Haryana & Punjab HR & PB Judicial Services Examination

Services Examinations Hindi &

Updated Latest Edition 2021

1. Indian Penal Code 16. HinduJanuary

MY Lord Publications Rs. 499

Previous Year’s Question papers of

PART – 2(in another series)

Indian Penal Code, 1860

Answer with sufficient reasons and cite-law to support your analysis.

Is Dr. Erricson guilty of any crime under the IPC?

Q.28. Write short notes on any three of the following:-

(i). Difference between Knowledge, Intention and Motive.

(ii). Difference between wrongful restraint and wrongful confinement.

(iii). Non-compos mentis.

Q.48. Distinguish between-

(i) Cheating and extortion

(ii) Cheating and theft

(iii) Cheating and misappropriation;

Q.58. “In all robbery, there is either theft or extortion”. Explain.

Q.61. Is homo-sexual relation between two consenting adults is an offence? Discuss.

Whether A had committed any offence?

(i) Could W be convicted under Section 201?

(ii) Is she covered under the exception in Section 212?

(i) Is M guilty under Section 323?

(ii) Does a female child of 7-1/2 months possess womanly modesty?

(i) Is B guilty of any offence under the Indian Penal Code?

(iii) If B does not offers poojas as promised, is he guilty of an offence?

Q.89. Discuss points of distinction between the following:-

(b) ‘Rioting’ and ‘Affray’ (c) ‘Theft’ and ‘Extortion’

(d) ‘Criminal force’ and ‘Assault’ (e) ‘Kidnapping’ and ‘Abduction.’

(iii) Criminal breach of trust.

(iv) Dowry death.

Q.103. What is Force? Distinguish between Criminal Force and Assault.

What offence has been committed by the five accused?

Q.123. Explain criminal misappropriation. Is a dishonest misappropriation for a time only a

Q.124. What facts are essential to constitute theft?

(i) A intending to murder B buys a gun and loads it.

(ii) A intending to murder B fires a gun at B.

Q.134. Define and distinguished between the following:

(i) Kidnapping and abduction

(ii) Wrongful restraint and wrongful confinement

(iii) Hurt and grievous hurt

(iv)Theft and Extortion

Can Rakesh be held guilty for criminal misappropriation of Ali’s money?

Decide the case. Give reasons for your answer.

Q.144. What offence has been committed in the following cases:

Q.148. Under what condition culpable homicide is murder? Explain.

Q.149. Decide the liability of A, if any, in the following case:-

Discuss the offence for which X, Y and Z can be prosecuted.

Can M be prosecuted under Section 363?

Can the accused be successfully prosecuted on the above facts?

Q.161. Distinguish between ‘Rape’ and ‘Adultery’.

(i) An act done in furtherance of the common object of all;

Q.176. Write a short note on the right of private defence of a person.

A purchased a Bungalow which had a power generator. His neighbours B, C, D, E and F

What offence, if any, is committed by A? Give reasons.

(ii) A instigates B to instigate C to murder Z. B accordingly instigates C who commits the

Q.181. Write short notes on the following:-

(a) Mens Rea.

(b) Constructive criminal liability.

(c) Difference between cheating and misappropriation.

Criminal Procedure Code, 1973

a) Whether complainant can question the bail?

Decide which of the above can be treated as FIR in this case.