CS Inter :: General and Commertial Laws : December 2003

What do you understand by ‘conciliation’ ? How are the conciliators appointed ? Discuss their role in arriving at a settlement agreement.

“Where once time has begun to run, no subsequent disability or inability to institute suit or make an application can stop it.” Explain.

Discuss the ‘doctrine of part-performance’ under the Transfer of Property Act, 1882.

Explain the term ‘distinct matters’ relating to instruments liable for payment of duty under the Indian Stamp Act, 1899.

Mention the circumstances under which suits by and against societies may be filed under the Societies Registration Act, 1860. Explain

Arun bequeaths certain property to Barun, requesting him to distribute it among such members of Chaman’s family, as Barun should think most deserving. Can Chaman enforce this trust ?

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.

Explain the terms ‘investigation’, ‘inquiry’ and ‘trial’ in a criminal case under the Code of Criminal Procedure, 1973.

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 ?

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.

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.

On 31st 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 ?

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 ?

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 owner’s 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.