Odisha Judicial Services Exam Mains 2022 Optional Paper – IV

Candidates preparing for the Odisha Judicial Services Exam should solve the Odisha Judicial Services Mains 2022 Optional Paper – IV (Law of Contract) and other previous years’ question papers as part of their preparation for the Prelims and Mains. Practicing these papers helps aspirants understand the syllabus better and prepare strategically by focusing on the types of questions previously asked. Successful candidates are always aware of the question patterns and techniques employed by the Odisha Judiciary Examination. Every aspirant should adopt this approach at the start of their preparation to gain a comprehensive understanding of the examination pattern and question design.

Odisha Judicial Services Exam Mains 2022 Optional Paper- IV | Law of Contract

Practicing authentic question papers gives candidates a real sense of the exam pattern and question style. Below is the Odisha Judicial Services Mains 2022 Optional Paper – IV | Law of Contract. Strengthen your preparation with our Odisha Judiciary Mains Mock Test Series.

Odisha Judicial Services Main Written Examination 2022
Optional Paper-IV (Law of Contract)

Time Allowed: 3 hours

Maximum Marks: 150

Specific Instructions:

The figures in the right-hand margin indicate marks.

Answer six questions, selecting two questions each from any two Sections and one each from remaining two Sections.

Section – A

Question 1

(a) Explain ‘legality of object’ under the Contract Act. (10 Marks)

(b) X paid a sum of ₹50 lakhs to Y. In return, Y promised to use his influence with the selection committee for securing a seat for X’s son in a medical college. X’s son could not get the seat. X filed a suit against Y for recovery of ₹50 lakhs. Will he succeed? (5 Marks)

Question 2

(a) Examine with reference to relevant case- law as to when acceptance need not be communicated. (5 Marks)

(b) Anson owes Badal under a contract, a sum of money, the amount of which has not been ascertained. Anson without ascertaining the amount gives to Badal, and Badal, in satisfaction thereof accepts the sum of ₹2,000. Is this amount to discharge of the whole debt? Explain. (10 Marks)

Question 3

(a) (i) A promises to pay B a sum of ₹5,000, if X, a ship does not return within a year. The ship is burnt within a year. Can the contract be enforced?

(ii) What is a contingent contract? (10 Marks)

(b) Explain Rights of Surety (i) against principal debtor, (ii) against creditor and (iii) against co-sureties. (15 Marks)

Section – B

Question 4

(a) Explain ‘Goods’ under the Sale of Goods Act. Does lottery ticket come under the definition? (5 Marks)

(b) “Any sugar grower offering to sell his sugarcane to a factory in a certain zone, the factory is bound to accept that offer” as per a state statute. Explain whether the validity of the agreement is affected on the ground of absence of free consent. (10 Marks)

Question 5

(a) Explain conditions. What are the options for the buyer on breach of conditions? (10 Marks)

(b) Explain warranties. What are the remedies for breach of warranty? (10 Marks)

(c) “If A buys a dishwasher and due to some defects, the vessel washer changes its colour.” Explain whether the implied warranty covers the vessel. (5 Marks)

Question 6

(a) Explain the circumstances when the seller of goods is deemed to be an unpaid seller. 10 (b) What are the rights of an unpaid seller? What are the circumstances in which he can exercise lien on goods? (10 Marks)

(b) What are the rights of an unpaid seller? What are the circumstances in which he can exercise lien on goods? (15 Marks)

Section – C

Question 7

(a) (i) Is registration of a firm optional?

(ii) Explain the procedures for the registration of a firm. (10 Marks)

(b) What are the effects of non-registration? (10 Marks)

(c) A suit was filed by a partner of a firm for declaration of absolute right, title and interest in respect of the suit property against other partners. The contention raised was the suit is barred by Section 69(1) of the Partnership Act. Is the suit maintainable? (5 Marks)

Question 8

(a) Explain the rights and duties of partners in a partnership under the Partnership Act. (20 Marks)

(b) A son entered a firm upon the death of his father and business was continued without new agreement. Is the son entitled to get share of his father? (5 Marks)

Question 9

(a) (i) Explain the application of the principle laid down in Cox v. Hickman.

(ii) Explain the mode of determining existence of partnership in India. (10 Marks)

(b) Who are the “holders of non-partnership interest”? (10 Marks)

Section – D

Question 10

(a) What is bill of exchange? How is it different from a promissory note? (10 Marks)

(b) What is noting and protest? What are the contents of protest? When is noting equivalent to protest? 10 (c) A, the maker signs a blank stamped paper and gives it to B authoring B to fill it as a note for ₹500 to secure an advance which C is to make to B. B fills the note for ₹2,000 payable to C and C advanced ₹2,000. (10 Marks)

i. In what circumstances C’s claim is enforceable?

ii. If A contends, C is not a holder in due course, who is to prove or disprove it? (5 Marks)

Question 11

(a) Define negotiable instrument. What are different types of negotiable instruments? (10 Marks)

(b) Distinguish between negotiation and assignment of negotiable instruments. (5 Marks)

(c) A gift cheque given to Rohita by her friend Rohit on her birthday was returned unhonoured by the bank citing deficiency of funds in the account. Is Rohit liable under the Negotiable Instrument Act to honour the cheque, if Rohita issues a notice to him demanding payment? (10 Marks)

Question 12

(a) Who is a holder of a negotiable instrument in due course? What are the rights of the holder of a negotiable instrument? (10 Marks)

(b) “I promise to pay B a sum of ₹ 1,000 seven days after my marriage with C.” Is this a promissory note? (5 Marks)

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Odisha Judicial Services Exam Mains 2022 Optional Paper – IV | Law of Contract