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UP J Mains Paper Substantive Law 1985

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1. (a) “When an act is a tort, the defendant must be held responsible for all consequences of the act, whether he could have reasonably anticipated them or not.” Comment.

(b) To what extent is a Muslim husband bound to maintain his wife? Explain.

(c) What constitutes coparcenary property? Explain.

2. (a) Define constructive trust and explain how far creation of it isrecognised under Indian Trusts Act.

(b) “The remedies for non-performance of duties are either compensatory or specific”. Explain the statements briefly in the context of specific reliefs available under the Specific Relief Act.

(c) Explain with illustrations ‘constructive notice’ under Transfer ofProperty Act.

3. Define proper dower, prompt dower and deferred dower. Discuss the nature of the right of dower and explain when a widow can retain possession of her husband’s property in lieu of dower.

4. Analyse meanings of ‘cruelty’ and ‘desertion’ under the Hindu Marriage Act.

5. (a) How are heirs classified under Hanafi Law and Shia Law in caseof intestate succession?

(b) What are the grounds of exclusion from inheritance under the Hindu Succession Act? Can a lunatic inherit property?

6. (a) Discuss the doctrine of ‘consideration’ under the Indian Contract Act.

(b) A made a contract in the month of June 1985 with B for supplying a machine for Twenty Thousand Rupees by December 1985. The Company which manufactured such machines temporarily stopped the production in the month of November 1985, but the machine is available in black market for Sixty Thousand Rupees. Can A rescind this contract? Explain.

7. (a) Define the principles of ‘negligence’ and ‘strict liability’.

(b) Explain the importance of the case Donoghue v. Stevenson in making extension of the tort of negligence.

8. (a) Explain the effect of mistake, misrepresentation and undue influence respectively on the validity of an agreement.

(b) A and B manufacture a cloth from an artificial yarn made only by C in India. D also starts manufacturing cloth from this artificial yarn of C. With the object of stopping such manufacture by D, a contract is made by A and B with C under which they will purchase all the artificial yarn made by C during next five years. Can D suc A, B and C for any tort committed by them?

9. (a) What is right of redemption? Can this right be validly curtailed under the Transfer of Property Act?

(b) Discuss the legal rights of mortgagee who makes improvements in the mortgaged property.

10. (a) A transfers his property to B for thirty years and the property which will remain thereafter to the eldest son of C, unborn at the time to transfer. Is the transfer in favour of the said son of C legal?

(b) Write a note on ‘the right of following the trust fund.’

SPShahi
SPShahihttps://www.spshahi.com
Author, SP Shahi is Advocate at the High Court of Judicature at Allahabad, He holds LL.M. degree and qualification in the NET exam. He prefers to write on legal articles and current affairs.

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