1. (a) Define a lease. Explain in detail the distinction between a lease and a licence.’
( b ) X’ a licensee makes a permanent construction on open land agreeing to vacate the land in favour of the owner whenever asked to do so. Can he succeed in his plea that he cannot be evicted under Section Section 60 of the Easement Act?
2. (a) Under the Transfer of Property Act, 1882 conditions restraining alienation are void. Explain in detail and point out the exceptions to the rule.
(b) In a Mutation case after the death of the husband, a compromise was entered into between the widow and husband’s brother that the widow would not make a transfer of the land to any one excepting her husband’s brother and his heirs. The mutation was ordered without any condition. The widow sold the land to an outsider. Can this condition be enforced against the transferee?
3. An easement of necessity is a right which an owner or occupier of land Casinal must of necessity, exercise on, or over another’s land for enjoyment of its own. Discuss the statement fully and distinguish between easement ofnecessity and quasi-easements. Illustrate your answer.
4. Can a Pardanashin lady enter into a contract of transfer of property? Has the transferee to prove any facts to uphold such transaction in Court of Law?
5. Distinguish between any three of the following- (a) Void and Voidable marriage.
(b) Divorce and judicial separation.
(c) Easement and licence. E
(d) Fraud and misrepresentation.
6. Explain three of the following maxims-
(a) Ubi jus, ibi remediun
(b) Res ipsa loquitur
(c) Actio personalis moritur cum persona
(d) Ex-pacto illicito non oritur actio.
7. What do you understand by a wagering contract? What are its essentials? Can a wagering contract be enforced in a Court of Law? Is a partnership entered into to carry on business of wagering contracts valid?
8. (a) State the essential elements which are necessary for the constitution of a partnership. How would you distinguish a partnership from joint Hindu family business?
(b) What are the various modes of a dissolution of a partnership firm?
9. What are the main points of difference between an action for possession under Section 6 of the Specific Relief Act and action for recovery of possession based on title?
10. (a) Detail the circumstances under which specific performance of a contract cannot be enforced.
(b) Can the following contracts be enforced-
(1) A contract to execute a mortgage
(ii) A contract to lend Rs. 2000/-
(iii) A contract to construct a building
(iv) A contract to translate book into another language.
11. Distinguish between a contract of indemnity and a contract of guarantee. Illustrate your answer.
12. (a) What are the essential ingredients which have to be proved in order to succeed in a suit for damages for malicious prosecution?
(b) Can a plaintiff recover damages for malicious prosecution against a witness who had appeared against him in the criminal case?
