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UP J Mains Paper Substantive Law 2000

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1. (a) “Women must be honoured and adorned by their fathers, brothers, husbands and brothers-in-law, who desire their own welfare. Where women are honoured, there the Gods are pleased; but where they are not honoured. no sacred rite yields reward. The husband receives his wife from the Gods; he must always support her while she is faithful.” (Manu) How far this concept exists in the Hindu Marriage Act, 1955.

(b) ‘A’ and ‘B’ are two brothers constituting a Joint Hindu Family. Before coming into operation of the Hindu Succession Act, 1956, ‘A’ brings a suit for partition, but dies during the pendency of the suit. His widow claims to be substituted for her husband and thus to continue the suit. Her claim is resisted by ‘B’ on the ground that the interest of ‘A’ has passed to him by survivorship. Decide.

2. (a) “Sharing of profits is not conclusive evidence of partnership”.Comment.

(b) Who are the persons capable of getting relief under the Specific Relief Act, 1963?

(c) ‘A’ promises to obtain employment for ‘B’ in the public service, and ‘B’ promises to pay Rs. 10,000/- to ‘A’. Examine the legality of these agreements.(d) What is the law of maintenance in respect of a Muslim wife?

3. (a) What is the foundation of vicarious liability under the Law of Tort? Which are the special relationships by which this liability isincurred?

(b) “Easement is a right to the limited use of land without possession.” Explain this statement.

4. (a) How does a contract differ from quasi-contract? Enumerate thedifferent kinds of quasi-contracts provided in the Indian Contract Act, 1872.

(b) Define a contract of indemnity. How does a contract of indemnitydiffer from a contract of guarantee?

5. (a) State definition, essentials and nature of Muslim marriage. What is6.option of puberty?

(b) Distinguish between coparcenary and Joint Hindu Family.

6. (a) What do you understand by ‘ostensible owner”? Under what circumstances a transfer of immovable property by an ostensibleowner is binding on the real owner?

(b) Explain the rule against perpetuity.

7. Explain with illustration the following maxims-(a) Equity acts on conscience.

(b) Equity is not opposed to law rather it supplements law.

8. (a) Bring out distinction with illustration in any two of the following

(i) Public and private trust

(ii) Implied and constructive trust

(iii) Executed and executory trustThe relationship of partnership arises from contract and not from status. Explain.

9. (a) How and when a right of casement is extinguished and when doesit revive?

(b) Explain the doctrine of frustration of contract.

10. Solve any three of the following problems→

(a) ‘B’ contracts with ‘C’ to pay him Rs. 500/- on a given day and if he fails to pay him then he will pay Rs. 1,000/- to ‘C’. B’ failed to payon that day. Can ‘C’ recover Rs. 1,000/ from ‘B’.

(b) ‘A’ ‘C’ and ‘D’ enter into an agreement for division of gains acquired or to be acquired by them by fraud. A acquired gains by fraud and did not give any share to ‘C’ and ‘D’. Can ‘C’ and ‘D’ file a suitagainst ‘A’ for division of the gains?

(c) ‘A’ brings his horse and ‘B’ his tonga and they ply it and distribute the proceeds every evening. Are they partners?

(d) ‘A’ restrains ‘B’ in a house without any legal justification. Discussthe liability of ‘A’.

(e) ‘A’ abuses ‘B’ in a lonely room. State the liability of ‘A’.

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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