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UP J Mains Paper Substantive Law 1991

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1. (a) Examine the concept of ‘desertion’ under the matrimonial law of Hindus and refer to decided cases. Can a husband compel his wife to resign her job and stay with him? Does her refusal to do so amount to desertion?

(b) With the help of decided cases discuss the concepts of cruelty and impotency. What remedies can a Hindu wife under Hindu Marriage Act, 1956 and Muslim wife under Dissolution of Muslim Marriages Act, 1939 claim against the husband on the above grounds?

2.(a) Under Mitakshara school there is recognised twin mode of devolution of property by survivorship and inheritance while under the Dayabhaga school one mode of devolution of properties is recognised. Discuss what is the position of the joint family property in the hands of a sole surviving coparcener?

(b) “Partition is made only once….” Manu. Discuss.

3. (a) What are the principal disabilities of a trustee? How much is he subject to the principle of delegatus non potest deregare? Discuss.

(b) What are the rights of a beneficiary? What remedies are available to him in the event of a breach of trust?

4. (a) What is the meaning of right of redemption? Who can exercise this right? Can the right be curtailed by an agreement between the parties? Discuss.

(b) Though the Transfer of Property Act deals with transfer inter vivos. yet an interest may be created in favour of an unborn person.” Discuss.

5. (a) What principles have been incorporated in the Indian Contract Act for determining the amount of damages to be awarded in the event.of breach of contract? Discuss in the light of decided cases.

(b) Explain the doctrine of remoteness of damage in the Law of Torts.In this context, discuss the tests of reasonable foresight and directness and state as to which principle is more practical and just?

6. Explain the meaning of equitable and legal interests and also bring out the distinction between these types of interests. In this context, discuss the maxim that where equities are equal, the law shall prevail. Illustrate your answer with the help of the provisions of the Transfer of Property Act.E

7. (a) Explain the concept of Hiba in Muslim law. What are its essential conditions? In what circumstances can the requirement of transferof possession be dispensed with?

(b) What is limited estate? Does Muslim law recognise the transfer of limited estate? Refer to decided cases.

8. (a) Discuss the rule of liability for dangerous chattels as laid down inDonoghue v. Stevension 1932 A.C. 542. How has this rule beendeveloped in subsequent cases?

(b) A and B are neighbours in a town. B’s father C lives in the village along with his second son D. A runs a small manufacturing business in a portion of his compound. This creates noise. Since B had become accustomed to it, he never objected. C fell ill and came to the town for treatment. He stayed with his son B. He found the noise unbearable and brought a suit against A. Decide giving reasons.

9. (a) ‘A contract is a private relationship between the parties who make it, and no other person can acquire rights or incur liabilities under it? Explain.

(b) On April 10, 1990, A offered to B to sell his car for sixty thousand rupees. B was asked to signify his acceptance by April 18, 1990. On April 12, 1990 A sold his car to C for seventy thousand rupees. This he did without revoking his offer to B. However, B came to know of this fact through other sources on April 14, 1990. Still he signified his acceptance of the offer on April 16, 1990. Has this resulted into a binding agreement between A and B?

10. Write short notes on any three of the following-

(a) Doctrine of promissory estoppel(b) Doctrine of fundamental breach

(c) Implied authority of a partner

(d) Rights and liabilities of a minor admitted to the benefits of a partnership

(e) Prescriptive casements

(f) Distinction between an easement and a licence.

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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