A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual capacity cannot operate as res judicata in a subsequent suit against the other members of the sect. The wrong complained of in the former suit was that the defendants carried an idol in procession through certain streets and that such processions were in violation of plaintiff's rights.

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?
1. A civil court of competent jurisdiction
2. A court of exclusive jurisdiction
3. A court of concurrent jurisdiction 'competent to try the subsequent suit'
4. A court of limited jurisdiction competent to try the issue raised in the subsequent suit

A

Either 1 or 3

B

Either 2 or 3

C

Either 3 or 4

D

All of these

In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is

A

Legal

B

Irregular

C

Unjustified

D

Illegal

A suit was filed and disposed off by a Court which had no territorial jurisdiction to try it. That judgement and decree became final. Whether the findings recorded in it operate as res judicata in a subsequent suit between the same parties.

A

No

B

Yes

C

Depends on the facts and circumstances of each case

D

At the discretion of the court

Principle: A person is duty bound to act with such reasonable caution as a prudent man would have exercised under such circumstances.
Facts: The defendant 'D', built a hay stack near the boundary of his land which bordered the plaintiffs land. He had been warned several times by many in the vicinity over a period of five weeks that the manner in which he built the hay stack was dangerous. The defendant's hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, but one day it caught fire. Consequently, the hay ignited and spread to the plaintiffs land, burning down two of the plaintiffs cottages.
Is 'D' liable?

A

There is no duty on the defendant to be responsible for the consequential damage

B

As the hay stack had been built with a precautionary "chimney" to prevent the hay from spontaneously igniting, 'D' could be said to have taken reasonable care and hence he is not liable

C

The defendant ought to adhere to the rule which requires in all cases a regard to caution such as a man of ordinary prudence would observe and hence, 'D' is liable

D

According to the principle of strict liability, 'D' is liable to compensate the loss to his neighbour

Five friends went for a trip where each carried a certain number of apples with them. The number of apples carried by C was 1 less than that by D, which was 5 more than the number of apples carried by E. The total number of apples carried by A and B both was equal to the average number of apples carried by C, D and E. If D carried more apples than B and they together carried 14 apples, which of the following is a possible value of the apples carried by A?

A

9

B

11

C

17

D

6

A set of 4 sentences (A, B, C and D in the same order) have been given in the above question followed by five option choices. From the option choice provided look for the option choice that acts as the fifth sentence (conclusion) for the statements mentioned. A. A couple of weeks ago, senior staff members of the Hindu Religious and Charitable Endowments (HR&CE) Department threatened to go on long leave, claiming they were fed up with ‘action’ taken against their colleagues. B. They objected to the ‘bullying’ and ‘arm-twisting’ they were being subjected to, and claimed they were ‘being made to give confessions implicating co-workers’. C. The department’s workforce, comprising around 1,000 persons, including 11 regional joint commissioners, 28 assistant commissioners and 300-odd executive officers. D. All of them have been shaken to the core by the arrest of senior colleagues on what they claim are ‘impossible allegations’ of misappropriation of gold collected for the making of utsava murthis (icons used in processions) and collusion with idol thieves.

A

Many are of the view that the Idol Wing is overstepping its brief.

B

The HR&CE Department is demanding a fair probe into cases of missing idols.

C

The hunt for missing idols and figurines from temples spanning several continents has, over the last few months, turned into a bitter clash between two arms of the government – the Idol Wing of the Crime Branch CID and the HR&CE Department.

D

All that we want is a proper probe into the thefts of ancient idols. Issues pertaining to the making of recent idols would be looked into and action taken if need be”, R. Jaya.

E

The Srirangam utsava idol actually requires four people to carry it.

The defendants by digging a coalpit in the land intercepted the water which affected the plaintiffs well at a distance of about one mile. The plaintiff brought a suit for a damages against the defendants.
Which one of the following maxims is applicable in the aforesaid case?

A

Damnun sine injuria

B

Injuria sine damno

C

Res ips loquitur

D

Valenti non fit injdria

During the pendency of an appeal by the four defendants in the suit, one of the appellants (defendants) dies and no steps for substitution of his legal representatives are taken and the appeal in so far as it relates to the said appellant abates. The five respondents (plaintiffs) apply for dismissal of the entire appeal as abated. Answer whether:

A

The entire appeal abates and has to be dismissed

B

The entire appeal abates only if the cause of action against all the defendants was one and allowing the appeal of the other defendants would lead to inconsistent decrees

C

The appeal only of the decreased appellant abates and as far as the other defendants (appellants) are concerned has to continue

D

The proceedings in the appeal have to be stayed and a second appeal is required to be filed for determination of this question

X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.

A

The decree against Amust be set aside

B

The decree against B must be set aside

C

Both A and B

D

None of these

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