UP J Mains Paper Substantive Law 1984

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1. (a) Define a lease. How does a lease differ from a licence and a mortgage?

(b) In a case a person was permitted to occupy premises for safety of the property without payment of any money. It was not established when the possession of that person commenced and his exclusive possession over the property was also not proved. Is the transaction a lease or a licence ?

(c) a tenant of property in whose favour there was an agreement to sell made constructions of permanent character upon the property. In a suit for ejectment he pleaded that he cannot be evicted under Section 60 (b) of the Easement Act. Can he succeed in his plea?

2. (a) Explain the difference between a Void and Voidable marriage under the Hindu Marriage Act.

(b) Can a suit lie in the Civil Court for obtaining a decree for annulment of a Hindu marriage after the death of spouses?

3. Define a partnership and give the essential elements of a partnership? How does a partnership differ from joint ownership?

4. What are the essential ingredients of a tort of defamation? What is the place of malice in a case of defamation? What are the defences open to a defendant in a suit for damages fordefamation?

5. Describe the quasi-ensements and easement of necessity. How are they acquired?

6. All properties can be transferred. Are there any exceptions to this rule under the Transfer of Property Act?

7. What are the essential elements that have to be established in order to succeed in a suit for specific performance of the contract of Sale? Can a suit for specific performance be decreed against a subsequent transferee of the property? If so, under what circumstances?

8. A Hindu female after the promulgation of Hindu Succession Act 1956 becomes the full owner of the property inherited by her possession. Are there any exceptions to this rule?

9. Define an acknowledgment under the Muslim Law. Is it similar to an adoption under the Hindu Law?

10. Explain and illustrate the following-(a) Joint tortfeasors and contribution between them.

(b) Contributory negligence and its “last opportunity” rule.

11. Explain any three of the following maxims-. (a) Nemo dat quod non habet.

(b) Ex-pacto illicito nor oritur actio.

(c) Vigilantibus non dormentibus jura sub venunt.

(d) Res ipsa loquitur.

12. Write short notes on any three of the following-

(a) Estoppel

(b) Doctrine of part performance

(c) Rule against perpetuity

(d) Doctrine of frustration.

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