1. (a) “Once a partition made, once is a damsel given in marriage. Once does a man say ‘I give these’ are by good-men done once for all.” (Manu) Explain.
(b) “Life estate is unknown to Muslim law as administered in India,but life interest can be created.” Discuss.
2. (a) “Initial impossibility renders an agreement void and subsequent impossibility renders a contract void.” Discuss with reference to the provisions of Indian Contract Act 1872 and decided cases.
(b) What are the effects of non-registration of a firm? Can a partner of unregistered firm sue for the realisation of property on its dissolution?
3. (a) What do you understand by ‘clog on redemption”? Answer with illustrations. Does taking collateral benefit amount to clog on redemption? Examine the Indian position.
(b) “Equity will not suffer a wrong to be without remedy.” Discuss.
4. (a) “The foundation of Doctrine of Election is that no one can approbate and reprobate at the same time.” Discuss with illustration.
(b) “Payment received by mistake must be refunded.” Discuss withreference to decided cases.
5. (a) “Justice demands that a person wrongfully dispossessed of propertyshall recover it.” Explain how is the Specific Relief Act, 1963 operating for this purpose.
(b) How far creation of “Constructive Trust” is recognized under Indian Trust Act?
6. Answer any three-
(a) A has taken abode in a vacant house in which he has no title. B forcibly dispossesses him. Can A sue B for trespass?
(b) “Intention to defame is an essential ingredient of tort of defamation.” Discuss.
(e) How does easementary rights come to an end? Can they be revoked? If so how? Discuss.
(d) How far lack of care is a relevant factor in determining liability under an action of nuisance?
7. (a) A despatches the letter of acceptance to B which B does not receive. When A sues B for enforcement of contract, B contends that there is no contract with A. Decide.
(b) Is plaintiff entitled to damages for mental distress and social stigma caused due to breach of contract?
(c) A gives a lakh of rupees to B, reserving to himself, with B’s consent,the right to take back at pleasure Rs. 10,000 out of the lakh. Is such transfer valid?
8. (a) What are the consequences if
(i) consent could not be obtained dueto mistake, and
(ii) consent if obtained by mistake?
(b) Define “partnership at will”. State rules of its disolution. Can such partnership be dissolved by the order of the Court?
9. Discuss any three-
(b) Maintenance of divorced wife in Muslim law.(c) Distinction between contract of indemnity and contract of guarantee.
(d) Principles and rules granting temporary injunction.
(e) Extinction and revocation of trust.
10. Discuss any three with reference to Indian law-
(a) Where there is equal equity, the law shall prevail.
(b) Where the equities are equal, the first in time shall prevail.
(e) Equity imputes an intention to fulfil obligation.
(d) Equity look on that as done which ought to have been done.
