1. The defendant Ram Charan Ram Gopal entered into 5 contracts with the plaintiff under which it undertook to supply to the plaintiff 184 bales of specified cloth manufactured by the New Victoria Mills Kanpur and Raza Textile Mills Kanpur as soon as prepared by the Mills. There was no clause in the agreements that the supply would depend on the delivery of the goods from the Mills. When the remaining 61 bales were not supplied, the plaintiff gave notice but the defendant failed to reply and did not even supply the goods. The main plea in the suit was that the goods were not delivered by the Mills and the performance of the contract was not possible due to circumstances beyond its control.
(a) Write down your decision giving reasons.
(b) Explain the doctrine of frustration’ according to the Contract Actgiving two proper illustrations.
2. Define the terms “bailment”, “bailor” and “bailee” giving illustrations. What is the kind of care expected from the bailee according to Section 151 of the Contract Act?
3. “He who seeks equity must do equity”. Comment giving illustrations with reference to the Contract Act, Specific Relief Act, Transfer of PropertyAct and Trust Act.
4. (a) What is customary easement? It is easier to assert but difficult to prove the same. Write down the main ingredients to establish such an easement.
(b) Distinguish between easement of necessity and quasi-easements.
5. “Let a damsel wait for 3 years from the appearance of her first menstruation and after that time let her choose for herself and marry a husband equal to herself in qualifications, i.e., suitable to her” (Manu Smriti). The Indian Society and our Parliament in order to prevent early marriages, infantile mortality and weaklings from premature death, prescribed the age for the bride and the boy.
Give the age prescribed for marriage under the Hindu Marriage Act and the other changes affected by the Hindu Marriage Act.
6. The real brothers Hukum Singh and Sukhram and Sukhram’s son Chhidda 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 shares for his own benefit. Hukum Singh died in the year 1952 and his widow Shrimati Kishan Devi on 15.11.1956 sold 1/2 share in the family house and shop to Gauri Shanker, Sukhram and Chhidda filed a suit which was contested up to the Supreme Court of India (Appeal No. 21 of 1965).
(a) Whether the Sale Deed is liable to be cancelled?
(b) Whether the Hindu widow’s right in the property of the joint Hindu family became larger than her deceased husband?
(c) Whether Kishan Devi continued to have only a limited interest?
(d) Whether the Hindu widow Kishan Devi had already become absoluteowner?
7. The plaintiff Allahdad Khan failed to establish his paternity from Mr. Ghulam Ghaus Khan though it was his alternative assertion that Mr. Ghulam Ghaus Khan used to call him his son and treat him as such and the Pull Bench of the Allahabad High Court in 1888 propounded the rule of the acknowledgment of legitimacy. Throw light on the conditions of valid acknowledgment.
Or “Marriage (in Islam) is not regarded as a mere civil contract, but a religious sacrament (too)”-Mr. Justice Shah Sulaiman. Learned Abdur Rahim has also thrown light and now please comment giving the legal effects of a valid marriage.
a. Joint tortfeasors and contributions between them
b. Estoppel
c. profit a prendred.
d.Partnershipp at wille.
e. Doctrine of cy-pres
