Himachal Pradesh Civil Judge Prelims 2023 (Civil Law II) Question Paper with Answers

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.

Doctrine of subrogation applies to

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

Match each topic in List I to its section in the Limitation Act, 1963.

Which set matches all four topics correctly?

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?

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

Consider these statements under the general rules of the Indian Contract Act, 1872.

Statement I. An agreement with an unlawful object is void, but an agreement may be void even if its object is lawful.

Statement II. An agreement by way of wager is void.

Which statement or statements are correct?

Match each reported case to the contract doctrine it is known for.

• a. Carlill v Carbolic Smoke Ball Co.
• b. Tweddle v Atkinson
• c. Bhagwandas Goverdhandas Kedia v Girdharilal Parshottamdas and Co.
• d. Krell v Henry
• i. General offer
• ii. Privity of contract
• iii. Communication of acceptance
• iv. Frustration of contract

In interpreting a standard-form contract, what does the rule of contra proferentem direct when a term remains genuinely ambiguous after reading the contract as a whole?

Which statements correctly describe a rent deposit under sections 21 and 22 of the Himachal Pradesh Urban Rent Control Act, 1987?

• I. The deposit must be made within twenty-one days of the time prescribed in section 20 for paying the rent.
• II. A wilfully false statement in the deposit application generally invalidates the deposit, subject to the exception where the landlord withdrew it before the filing of an application to recover possession.

Match each maintenance category to the relevant provision of the Hindu Adoptions and Maintenance Act, 1956.

• a. Wife
• b. Widowed daughter-in-law
• c. Children and aged parents
• d. Dependants of a deceased Hindu
• i. Section 20
• ii. Section 18
• iii. Section 19
• iv. Section 22

Under section 10(2) of the Hindu Marriage Act, 1955, what is the effect of a decree for judicial separation, and how can the decree be formally rescinded?