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UP J Mains Paper Substantive Law 1986

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1. (a) Explain “free consent” according to the Indian Contract Act.

(b) During his serious illness High court employee Sri J.R. Bhatta who was working under the Deputy Registrar proceeded on a month’s medical leave but could not become fit and he applied for extending the leave by 24 months 9 days on medical advice. The Deputy Registrar procrastinated and then asked the plaintiff to give an undertaking in writing that he shall not join his duty on the expiry of his leave. Thus compelled the plaintiff gave the undertaking and on that basis the plaintiff was not allowed to join. The plaintiff claimed declaration that he be treated on duty as before since the undertaking was against his wish. If he is entitled to any relief then give reasons in support of your answer.

2. Explain the doctrine of frustration or impossibility citing three illustrations.

3. Write the contracts which cannot be specifically enforced giving three illustrations.

4. Equity will not suffer a wrong to be without a remedy. Explain with illustrations.

5. Have the changing times, terrorism, unemployment, dearness, drinking and drug-addiction altered the very concept of Hindu marriage? What is its form now? A young person remains imperfect so long as he does not marry and he attains perfection only by marrying. A maiden is always gifted even when demand for money property, car, motor cycle, scooter are made and if not complied with then she is burnt. Do you consider girls are married for selling or burning them, or for adultery? What are the conditions of a Hindu marriage?

or

“Equal Rights to Women’s Movement gained momentum recently but the Indian Parliament in 1955 granted the most important right to Hindu women. The concept of “permanent union” or “eternal union” is only notional now. Under what circumstances dissolution of marriage can take place?

or

What do you understand by “void” and “voidable” marriages. Illustrate your answer.

6. When the population swells in the proportion of four times and eight times then polygamy shall bring the population to a monstrous form. There should be only one son but he should be physically fit like a lion. In Islam, monogamy is the general rule while polygamy is only an exception. Comment.

7. Define ‘tort’ giving two illustrations and distinguishing it from breach of contract.

or

Write down the essentials of ‘negligence’ giving two illustrations.

8. Define easement giving three illustrations.

or.

Write down the essentials of licence distinguishing it from lease.

9. Define “immovable property”, “attached to the earth”, “transfer of property”

10. Explain the meaning of ‘vested interest’, ‘contingent interest’ and ‘conditional transfer’.

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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