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Sub : Law
2 marks each
G R O U P A
1. Define :
(i) VICARIOUS LIABILITY : It is a species of a group of torts were liability
for wrongs committed by others. In general, a man is responsible for his own acts, but
there are exceptional cases in which the law imposes on him vicarious liability for
the acts of others though he had no part in those acts. The most important of such
cases is the liability of the master for wrongs committed by his servant.
(iv) VOIDABLE CONTRACT : As per the Section 2(i) of the Indian Contract Act,
1872 an Agreement which is enforceable by law at the option of one or more of the
parties thereto, but not at the option of the other or others, is a voidable contract.
(v) SIMPLE MORTGAGE : As per the Section 58(b) of the Transfer of property
Act, 1882, two conditions are necessary for the creation of a simple mortgage (i) the
mortgagor must personally undertake to repay the mortgage money and (ii) the parties
must expressly or impliedly agree that in the event of the mortgagor failing to repay
according to his contract, the mortgagee shall have a right to cause the mortgaged
property to be sold.
(vi) When does the communication of acceptance complete under the Indian Contract
Act, 1872.
(b) When he has left a Will in respect of his property, but the Will is snot
capable of taking effect.
(ix) Family under the Urban Land (Ceiling and Regulation ) Act, 1976.
The term has been defined in Section 2(f) of the Act. In relation to a person
(obiously natural person) it means the individual himself , his or her wife or husband
and their unmarried minor children. Property held by husband and wife should be
clubbed together for the purpose of filing the statement under the act.
The protection under Article 14 is available not only to a citizen of India but
also to the persons, who are not citizens of India since the said Article
provides that the state shall not deny to any person equality before the Law
within the territory law whereas the other fundamental rights are meant for
only citizens of India save and except Article 21 of the Constitution of India.
1. What is Land appurtenant for non-residential Multi-Storeyed Buildings (5 Marks each)
as per the provision of Urban Land Ceiling and Regulation Act?
As per the provisions of Section 58 (f) of the Transfer of property Act, 1882 a Debtor
can create mortgage by depositing of title deeds. When a debtor deposits the title deeds of his
immovable property, wherever situate, with the creditor or his duly authrorised agent with the
specific intention of creating a security for the debt. This act of deposit with the specified
intention creates a valid mortgage upon all properties comprised in the title deeds. So a
mortgage by deposit of title deeds is called equitable mortgage. So the three essentials of
equitable mortgage are (i) a debt; (ii) deposit of the title deeds; (iii) an intention that the deeds
shall be security for the debt.
As per Section 12 of the Indian Contract Act, 1872, a person is said to be of sound
mind for the purpose of making a contract of at the time when he makes it, he is capable of
understanding it and of forming a rational judgment as to its effect upon his interests.
A person, who is usually of unsound mind, but occasionally of sound mind, may
make a contract when he is of sound mind.
A person who is usually of sound mind, but occasionally of unsound mind, may not
make a contract when he is of unsound mind.
4. What are the choices available to the Testator for signing of his Will under the Indian
Succession Act?
In any of three cases, the Will shall be deemed to have been signed duly.
5. Is there any scope for passing an Order by the Court as the interim measures under The
Arbitration and conciliation Act, 1996, discuss in brief.
Section 9 of the Arbitration and Conciliation Act, 1996, deals with the interim
measure by the Court.
A partly may, before or during arbitral proceedings or at any time after making of the
arbitral award but before it is enforced in accordance with Section 36, apply to the Court for
an interim measure of protection in respect of any of the following matters-
(a) the preservation, interim custody or sale of any goods, which are the subject of the
arbitration proceeding.
(b) Securing the amount in dispute in the arbitration.
(c) the detention, preservation or inspection of any property or thing which is the subject
matter in arbitration for the purpose of obtaining full information or evidence.
(d) Interim injunction or the appointment of Receiver.
(e) Such other interim measure of protection as may to the Court to be just and
convenient.
(a) Liquidated damages means where the sum consists of Liquidated damages for
breach of the agreement fixed and agreed upon between the parties that very sum is a
genuine pre-estimated damage. In view of that the Court is confined to that.
(b) The general principle which is embodied in section 73 of the Indian Contract
Act, 1872 is that when there is a breach of contract, the party who suffers by the
breach is entitled to recover compensation from the other party for the loss caused to
him by such breach. But this principle is not applicable where there is a void contract
for any reason.
(i) In a Lease, there sis a transfer of an interest in the property, in a licence there
is no such transfer.
(ii) A Lease can be assigned but a licence can not.
(iii) A Lease cans sue trespassers but a licensee can not.
(iv) A Lease can not be revoked but a licence is ordinarily revocable.
(v) A Lease can be determined only in any of the ways provided by Law but a
licnce is determined by death of either party or by the alienation of the
property in question.
8. State the reasons when the Court can set aside an award under the Arbitration and
Conciliation Act, 1995.
As per the Arbitration and Conciliation Act, 1996, the Court can set aside an award.
2. Explain the essential elements of valid sale of immovable property under the Transfer
of Property Act.
3. Define Tort which classes of wrongs are excluded form the defination of Tort.
Tort means a civil wrong for which an injury or a wrong is committed with or
without force to the person or property of another. But all wrongs are not torts.
There are from classes of wrongs which are excluded from the defination of Torts.
Example : (1) A promises, for no consideration, to give to B Rs. 1,000/- . This is void
agreement.
(2) As for natural love and affection, promises to give his son B
Rs. 1,000/-. A put his promise to B into writing and registers it. It is a
valid contract.
(3) A agrees to sell his horse worth Rs. 1,000/- for Rs. 10/- only. As
consent to the agreement was freely given. Them agreement is a
contract notwithstanding the inadequacy of the consideration.
GROUPB
(2 Marks each)
1. Define ::
The sum at which the property may reasonable be expected to let from year to year.
The term real estate embraces not only lands, but all improvements of a
permanent character placed on real estate, that are regarded as a part of the land.
(c ) TRANSFER OF SALE :
The defination under Section 3(f) of the said Act, not compendious, in not useful in
ascertaining the ambit of the expression. However the public purpose include purpose
in which the general interest of the community is directly and vitally concerned.
Anything which is useful to the public in the sense of conferring some public benefit
or conducting to some public advantage is a public purpose. But the
Legislature has left it to the Government to say what is a public purpose and
also to declare that need of a given land for public purpose.
A lease is determined by forfeiture of lease the following are the cases where a
lease can be forfeited:
(1) In case the Lessee breaks an express condition, which provides that
on breach thereof, the Lessor may re-inter.
(2) In case the lessee renounces his character as such by setting up a title in
a third person or by claiming title in himself.
(3) Where the lessee is adjudicated insolvent and the lease provides that
the Lease without the consent of the landlord.
A person assumes possession of the leased premises under a valid lease and
continues in possession even after the expiration of the Lease without the
consent of the landlord. However, it is a trespass and the possession has no
validity in Law.
The doctrine have been stated as the general rule of Common Law is that no
one but the parties to contract can be bound by it, or entitled under it. This
principle is known as the privity of contract. A contract can not confer any
right on one who is not a party. The doctrine implies a mutuality of will and
is interaction of parties and their successors. This doctrine prevents a third
party to in force a contract.
3. Explain the legal position pursuant to the Urban Land Ceiling and
Regulation Act.
Vacant land held in excess of the ceiling limit by a person, vests in the state.
Section 3 of the said act prohibits any person from holding any vacant land in
excess of the ceiling limit, it must be deemed that with effect from the
appointed by the owner of such Land loses his title thereto and as such he can
not be allowed to make any construction thereon. But the vacant land so
constructed upon shall continue to be a vacant land for the purpose of the said
Act. Section 10(3) of Indian Act states that the excess Land shall vest
absolutely in the State Government only with effect from the date specified in
the declaration published under the said sub-section. And their title will be
extinguished only after the excess land is acquired by the state.
Non performing asset is a substitute for bad debt about which there is no
reasonable expectation of recovery. The Reserve Bank of Indias Prudential
Norms on Asset classification defines a non performing asset (NPA) as a
credit facility in respect of which the interest and or installment of principle
has remained past due for a specified of time.
One must prove that he is the owner or Occupier of a land for the beneficial
enjoyment of which he has certain rights over the others land.
(d) By merger
(g) By forfeiture.
An easement of necessity is an easement without which the property can not be used
at all and not merely one for the reasonable enjoyment of the property and in
considering question of easements of necessity convenience is not the test but
absolute necessity.
8. Explain two types of Damages, which are available to a person in a case of Law of
Torts.
General Damages are non-pecuniary losses, which can not be calculated in terms of
money. Such non pecuniary losses are as follows :-
(b) Loss of the amenities of life example, a person suffers by reduced enjoyment
of life due to the damage, caused by assult.
The true meaning of Section 23(1) of the said Act is that the amount of compensation
to be awarded for the Land shall be consist of various components and one of the
components shall be the market value of the Land at the date of the notification under
Section 4 (1) of the said Act.
(a) The value to be ascertained is the value to the Vendor, not its value to the
purchaser.
(b) In fixing the value to the Vendor all restrictions imposed on the user
and enjoyment of the land in his lands are to be taken into account.
(e) The value to be ascertained is the price to be paid for the land will all its
potentialities in future.
2. What is the relief against forfeiture for non-payment of rent under the Transfer of
property Act?
(b) A mortgage is not complete and ready to take effect until the necessary formalities
for effecting it have been complied with. The presumption in case of every mortgage
effected by a registered instrument is that it effects from the date of execution of the
Deed although no consideration money has been paid. When the mortgage is effected
by delivery of possession of the mortgaged property, it takes effect from the date of
delivery under the parties have otherwise agreed.
A party using a particular land for a particular purpose from time immemorial can be
said to have earned that right consequent to a lost grant. No period is fixed for the
time of immemorial, it depends upon on fact of each case.