Himachal Pradesh Judicial 2023 Civil Law 2 Question Paper with Answers

Under the Transfer of Property Act, 1882, what is the effect if the donee dies before accepting the gift and no one has accepted it on the donee’s behalf?

A valid transfer creates an interest for the benefit of a person who is unborn at the time of transfer. The terms show no intention to postpone vesting. Consider these statements under the Transfer of Property Act, 1882.

Statement I. The person acquires a vested interest at birth.

Statement II. The person must be entitled to enjoy the property immediately at birth.

Which statement or statements are correct?

Which of these conditions must always be met for an instrument to be attested within section 3 of the Transfer of Property Act, 1882?

I. At least two witnesses attest the instrument.

II. Each witness personally sees the executant sign or make a mark on the instrument.

III. Each witness signs the instrument in the executant’s presence.

IV. At least two witnesses are present at the same time.

Sukant represents that he has a present transferable interest in a parcel of land and purports to transfer it to Kushal for ₹60 lakh. Kushal relies on the representation. Sukant initially has only an expectation of inheriting the land, but he later inherits it while the transfer contract still subsists. No subsequent purchaser has acquired rights in the land. Which provision of the Transfer of Property Act, 1882, lets Kushal elect to take the interest that Sukant acquires?

What must be transferred for a sale of immovable property under section 54 of the Transfer of Property Act, 1882?

Under section 106 of the Transfer of Property Act, 1882, what notice period applies to terminate a valid year-to-year lease of immovable property for manufacturing purposes when no contract, local law or usage provides otherwise?

A right to immovable property is directly and specifically in dispute. Which fact prevents the rule of lis pendens in section 52 of the Transfer of Property Act, 1882, from applying?

As per the definitions provided under the Limitation Act, 1963, which of the following options is correct?

Consider these statements about continuing breaches of contract and continuing torts under the Limitation Act, 1963.

Statement I. A fresh period of limitation begins at every moment the breach or tort continues.

Statement II. The relevant question is whether the wrong continues. A continuing right by itself is insufficient.

Statement III. A continuing breach differs from distinct breaches that occur successively.

Which statements are correct?

The prescribed period for a suit or application expires on a day when the court is closed. What is the latest day for filing under section 4 of the Limitation Act, 1963, without relying on any further extension?

A debtor signs a written acknowledgment after the prescribed limitation period has expired. The writing contains no promise to pay. What effect does the acknowledgment have under section 18 of the Limitation Act, 1963?

As a general rule under the Limitation Act, 1963, what is the effect of the prescribed period expiring?

Under the Limitation Act, 1963, what is the residual limitation period for an application to a civil court if no other applicable provision prescribes a period?

Under the Schedule to the Limitation Act, 1963, what period applies to an application for review of a judgment by a court other than the Supreme Court?

Consider the assertion and reason under section 5 of the Limitation Act, 1963.

Assertion (A). A court can admit a late suit if the plaintiff shows sufficient cause for the delay.

Reason (R). A court may admit a late appeal if the appellant shows sufficient cause for the delay.

Which choice correctly evaluates A and R?

Consider these statements about computing limitation for an appeal from a civil decree under the Limitation Act, 1963.

Statement I. The day from which the limitation period is reckoned is excluded.

Statement II. The day the judgment is pronounced and the time requisite for obtaining a copy of the decree appealed from are excluded.

Which statement or statements are correct?

An event occurs after a contract is made. Neither party caused the event, and the contract does not provide for it. Which event, by itself, ordinarily leaves the contract enforceable under the Indian Contract Act, 1872?

At the agreed time and place, a promisor is ready and able to carry out the whole promise and gives the promisee an opportunity to receive it. The promisee refuses. Which two expressions describe what the promisor did under the Indian Contract Act, 1872?

I. Performance
II. Part performance
III. Tender of performance
IV. Offer of performance

Under the Indian Contract Act, 1872, which person, like a minor, lacks capacity to enter into a binding contract in the circumstances described?

After the other party wrongfully prevents completion, a contractor lawfully ends the contract. The contractor seeks the reasonable value of work already performed and retained by the other party. Which doctrine specifically describes that claim?