221

Roll No

Time allowed : 3 hours Maximum marks : 100

Total number of questions : 8 Total number of printed pages : 3

NOTE : Answer SIX questions including Question No.1 which is compulsory.

1. Discuss the following under the Constitution of India :

(i) Fundamental duties.
(ii) Safeguards in a law providing for preventive detention.
(iii) Writ of habeas corpus.
(iv) Ordinance making powers of the President of India.
(5 marks each)

2. Write notes on any four of the following :

(i) Ut res magis valeat quam pereat

(ii) Alternate dispute resolution
(iii) Documents whose registration is optional
(iv) Legal recognition to electronic records
(v) Doctrine of pith and substance.
(4 marks each)

3. (a) What do you understand by conciliation ? How are the conciliators

appointed ? Discuss their role in arriving at a settlement agreement.
(8 marks)

(b) Distinguish between temporary injunction and perpetual injunction.

(4 marks)
(c) Where once time has begun to run, no subsequent disability or inability to
institute suit or make an application can stop it. Explain.
(4 marks)

4. Distinguish between any four of the following :

(i) Summons cases and warrant cases.

(ii) Judgment, decree and order.
(iii) Trust and bailment.
(iv) Mortgage and charge.
(v) Cognizable offence and non-cognizable offence.
(4 marks each)

2/2003/GCL P.T.O.
221
:2:
5. (a) Discuss the doctrine of part-performance under the Transfer of Property
Act, 1882.
(5 marks)
(b) Explain the term distinct matters relating to instruments liable for
payment of duty under the Indian Stamp Act, 1899.
(5 marks)
(c) Mention the circumstances under which suits by and against societies may
be filed under the Societies Registration Act, 1860. Explain
(6 marks)
6. (a) Arun bequeaths certain property to Barun, requesting him to distribute it
among such members of Chamans family, as Barun should think most
deserving. Can Chaman enforce this trust ?
(5 marks)
(b) Ram executed a gift deed of certain immoveable properties in favour of his
brother Shyam. By another deed, Shyam made provision for the living
expenses of Ram and created a charge in his favour on some properties
included in the above mentioned gift deed in order to secure the payment
of these living expenses. The government authority insists that deed
executed by Shyam is liable to full duty. Decide with reasons.
(5 marks)
(c) Explain the terms investigation, inquiry and trial in a criminal case
under the Code of Criminal Procedure, 1973.
(6 marks)
7. (a) Babloo borrowed Rs.5,000 from Shambhu, which was recorded on a
printed paper and stored in computer as the computer output. After some
time, Shambhu demanded money from Babloo, which the latter refused to
pay. Shambhu filed a suit for recovery of money from Babloo on the
basis of computer records. Whether the court can treat it as sufficient
proof for granting relief to Shambhu against Babloo under the Indian
Evidence Act, 1872 ?
(5 marks)

(b) Sunil gives property worth Rs.2,000 only to Anil and adds a condition that
Anil should sell the property for Rs.50,000 and not below this amount. Is
this condition valid ? Give reasons.
(5 marks)

(c) Amrish was found guilty of damaging the data stored in a computer. The
adjudicating officer fined him Rs.1,00,000 and directed the amount to be
paid to the aggrieved person. Advise Amrish about the course of action
against this decision under the Information Technology Act, 2000.
(6 marks)

2/2003/GCL Contd
 221
:3:
st
8. (a) On 31 December, 1995, Govind took loan from Ghanshyam. On
16th June, 1999, Govind made only part payment. After that no payment
was made. Ghanshyam subsequently filed a suit against Govind for
recovery of the debt after the expiry of two years from the date of part
payment. Is the suit maintainable ?
(5 marks)
(b) A magistrate of the first class passes a sentence of imprisonment for a term
of three years with a fine of Rs.5,000, and in case of failure to pay the fine,
to serve an additional imprisonment for another one year. The convict
feels aggrieved by the sentence. Can he prefer an appeal against the
judgement ?
(5 marks)
(c) An illegitimate son of a deceased owner of a property gets possession of
the property to which he is not legally entitled but his name is entered in
the papers as owner. He mortgages the property. On the date of
mortgage, the rightful owners suit against him for recovery and
possession was pending and it was decreed subsequently. When the
rightful owner sought to avoid the mortgage, the mortgagee resisted the
claim by pleading that mortgager was the ostensible owner of the property
when he mortgaged it. Decide.
(6 marks)

--------o--------

2/2003/GCL