UP J Mains Paper Substantive Law 1987

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1. (a) “The distinction between ‘void’ and ‘illegal’ agreements under Indian Contract Act is clear and logical.” Explain referring to the provisions of the Act.

(b) “It will not be just to hold a person responsible for all kinds ofconsequences resulting from a tort committed by him.” Explainreferring to leading decided cases.

(c) Specify the status of a Hindu woman in regard to her rights inHindu joint family properties at present.

2. (a) “Protection of the interest of beneficiary is the prime concern of the law of trust.” Discuss.

(b) “Justice demands that a person wrongly dispossessed of property should recover it.” Explain how Specific Relief Act is operating for this purpose.

(c) Examine the conditions for which a Muslim woman ‘prejudiced by marriage’ can get divorce from her husband.

3. Discuss the liabilities of joint tort-feasors and explain if a right of mutual contribution or indemnity is available to them. Refer to the difference between English and Indian law on the subject, if any.

4. (a) Explain clearly the essential elements of ‘wagering contract.’ How is it different from speculative transactions? Explain with illustrations. Are both of these valid under the Law of Contract?

(b) The workers of a factory go on strike. The manager of the factory announced that additional payments will be made to such workers who will continue to work during strike period. When the strike ended, the manager refused to make additional payments to such workers. If there are any remedies for such workers in the Indian Contract Act, state them clearly.

5. (a) Discuss the status of a son adopted by a Hindu widow after the enactment of 1956 Act, particularly with reference to ancestral properties of the deceased husband of the widow.

(b) Examine the scope of the benefits conferred on Hindu woman by Section 14 of the Hindu Succession Act. Refer to decided cases.

6. (a) Discuss the position of residuaries (asabat) in Hanafi and Shia laws of Muslim inheritance.

(b) “Where there is no gift but only a direction to transfer from and after a given event, the vesting will be postponed till after that event has happened.” Are there any exceptions to this rule? Explain.

7. (a) Critically examine the relation of partners with third parties. Can a firm be liable for wrongful acts of a partner? Refer to decided cases.

(b) Determine the scope of implied authority of a partner. A partner of a firm of solicitors borrows rupees five thousand in the name of the firm. Will it be a valid act within his implied authority ?

8. (a) What do you understand by obligations in the nature of a trust? Examine those different methods by which an obligation in the nature of a trust may be created.

(b) ‘S’ bequeaths whole of his property to his wife by Will expressing his faith that when she will not require this property she will distribute the property among their children. Has a valid trust been I created by the Will?

9. (a) ‘S’ mortgages two properties K and KH to A. Subsequently, S again mortgages the property K to D. In enforcement of his mortgage D brings the property K to sale and purchase it himself. Discuss the rights of A to realise his money from properties K and KH.

(b) Analyse briefly the law relating to fraudulent transfers.

10. Discuss the doctrines of part-performance and equitable estoppel and distinguish between them.

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