UP J Mains Paper Substantive Law 2003

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UP J Mains Paper Substantive Law 2003
up j mains paper substantive law 2003

1. (a) “A declaration of Fundamental Rights is meaningless unless there is an effective Judicial remedy for their enforcement.” Comment. What are the Judicial remedies which the Constitution provides? Explain.

(b) “The Indian Constitution is federal in form but unitary in substance.” Comment.

(c) ‘Arbitrariness and equality are sworn enemies.’ Explain.

(d) Discuss the powers of President to consult Supreme Court under Article 143 of the Constitution. Whether the Supreme Court can decline to answer a reference? Explain..

2. (a) What is the rule against accumulation? What are exceptions of the rule against accumulation? Discuss.

(b) Explain the difference between a void and voidable marriage under the Hindu Marriage Act.

(c) Explain with illustrations ‘Anticipatory breach of contract.’ What is the measure of damages in cases of such breach?

3.(a) “In both motion is necessary but while the application of unlawful force to another constitutes the wrong called battery an action which puts another in instant fear of unlawful force, though no force be actually applied is the wrong called assault.” Discuss and state the defences to an action for assault and battery.

(b) What is malicious prosecution and false imprisonment? What are the remedies against malicious prosecution and what are the exceptions to it?

4. (a) State briefly the origin and growth of Equity in England.

(b) What is temporary Injunction? When should a temporary Injunction be issued? Discuss.

5. (a) Define a Licence. When can a licence be transferred? When Can licence not revocable?

(b) Can an ‘easement of necessity’ be extinguished by unity of ownership? If so, can it be revived in any case?

6. (a) “Strangers to a contract can not sue.” Discuss and point out the exceptions to the rule. (b) What is a Lease? How is it determined under the Transfer ofProperty Act? Explain.

7. (a) What are the effects of non-registration of a firm? Can a partner of unregistered firm sue for the realisation of property on dissolution?

(b) Write short notes on the following-

(a) Equity follows the law.

(b) Equity look on that as done which ought to have been done.

(c) Where equities are equal the law shall prevail.

8. (a) Define Trust’. Discuss the provisions regarding the creation of trust.

(b) What remedies does Specific Relief Act provide with regard to the recovery of the possession of immovable property to a persondispossessed of it?

9. (a) What are the requisites of valid adoption and who are the persons capable of giving in adoption?

(b) “Life estate is unknown to Muslim Law as administered in India,but life interest can be created.” Discuss.

10. Solve any three of the following problems-

(a) X was a lodger in the house of Y. While going out on some business, X left fire burning in the grate of the fire place. During his absence, the fire some how spread and damaged the house. Y brings an actionagainst X. Would Y succeed?

(b) A gives a field to B, reserving to himself with B’s assent the right to take back the field in case B and his descendants die before A. B dies without descendants in A’s life time. Can A take back thefield?

(c) ‘A’ promises to drop a prosecution, which he has instituted against ‘B’ for robbery and ‘B’ promises to restore the value of the thingtaken. Is the agreement valid?

(d) Being fed-up with each other’s quarrelling nature, both husband and wife entered into an agreement in which wife agrees to live separately from her husband permanently and husband agrees to pay her a monthly maintenance allowance of Rs. 1,000/-. After six months husband refuses to pay the allowance. Can wife enforce the agreement against her husband in a court of law?

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