1. (a) Fundamental Duties do not destroy Fundamental Right but balance them”. Examine the above statement by citing judicial pronouncements.
(b) How far judicial decisions interpreting constitutional provisionsrelating to appointment and transfer of judges have affected established principles of constitutional law?
(c) “Secularism is many a time mistaken as non-religious.”
(d) “Right to privacy is now fully recognised as a Fundamental Rightin India.” Explain.
2. (a) Distinguish between “contract of indemnity” and “contract of Guarantee”. Is contract of Insurance a contract of indemnity?
(b) Examine the circumstances under which a firm may be dissolved on just and equitable ground.
3. Section 53-A of the Transfer of Property Act does not confer “title”. Itenables a person without title to defend his “possession”. Do you agree with the above statement? Give reasons for your answers with the help of decided cases.
4. A. Explain the following:
(a) He who comes to equity must come with clean hands.
(b) Equity imputes an intention to fulfil obligation.(c) Equity had come not to destroy law but to fulfil it.
B. (a) Describe the disabilities of a trustee as given under the Trust Act”.
(b) What do you understand from a “Breach of Trust”? Describe the remedies available to the beneficiary in case of breach of trust.
5. (a) Briefly discuss the law of intestate succession to the property of a deceased Hindu.
(b) ‘A’ a Hindu died in 1948 leaving behind his wife ‘W, who took her husband’s properties as a limited owner. In 1954, “W” made gift of some lands to her niece ‘B’. ‘C’, a collateral of ‘A’ and presumptive reversioner sued for a declaration that the gift to ‘B’ is not binding on him. In 1959, ‘W’ adopted ‘B’s son ‘P’. Later in the same year ‘W’ died. ‘C’ sued for possession of land. Decide the case with the help of the decided cases.
6. (a) Discuss in detail the Islamic procedure of ‘divorce’ and its development in India with the help of decided cases. Discuss with the help of decided cases the validity of “Triple Divorce’ under Muslim Law. Do you agree that Triple Divorce’ has no place in Shariat. Give reasons.
(b) ‘K’ a Muslim dies leaving a son ‘B’ a widow X’ and a grandson ‘Y’by a pre-deceased son.’K’ by his ‘will’ bequeathed 1/3 of the estate to ‘B’ and ‘Y. X’ doesnot consent to the bequest in favour of Y. Is this bequest valid?
7. (a) Briefly discuss the provisions relating to rectification of instruments and rescission of contract in the light of Specific Relief Act, 1963. b) Define “Easement”. Distinguish it with ‘profit a prendre’. Explain with illustration. easthy
8. (a) The old distinction between Sovereign and non-sovereign functions or Governmental and non-governmental functions are no longer invoked to determine the liability of the State..” Do you agree with this view? Comment with the help of decided cases.
(b) “Subject to certain exceptions, an agreement without consideration is ‘nudum pactum’ and is also void.” Discuss.
9. (a) Define gift. What are the essentials of a valid gift? When can a giftbe suspended or revoked? Discuss with the help of decided cases.
(b) Discuss the utility of the anti-defection law in the backdrop of recent development in India.
10. Solve the following problem:
(a) ‘A’ is working with a hatchet. The head of the hatchet flies off and10.kills a man standing nearby. Decide A’s liability if any.
(b) A partner of firm of solicitors borrows Rs. 500 in the name of the firm. Examine the liability of the firm in the light of the implied authority of the partners.
(c) ‘B’ offered to sell his house to ‘A’ for Rs. 1,00,000. ‘A’ replied that he is ready to purchase the house for Rs. 90,000 to which ‘B’ refused. Then ‘A’ agreed to purchase the house for Rs. 1,00,000. Is ‘B’ bound to sell his house?
