CS Inter :: General and Commertial Laws : December 2004

Discuss the legislative powers of the Parliament and State Assemblies with respect to different subjects of legislation as provided under the Constitution of India.

What is ‘delegated legislation’ ? What are the limits under which powers of delegated legislation may be exercised ?

If one person fraudulently uses the ‘domain name’ of another, what legal remedy is available to the aggrieved party ?

What are the documents of which registration is not compulsory under the Registration Act, 1908 ?

What purposes are prohibited for creation of a valid trust ? What are the effects of a void trust ?

If a person is dispossessed of immovable property without his consent and otherwise than in due course of law, what legal remedy is available to him if he does not establish his title ?

Which party is responsible for payment of duty on different kinds of instruments under the Indian Stamp Act, 1899?

Ajoy, after learning that Chander had been murdered by Bijoy, went to the spot and found that the body of Chander was being taken to the house of Chander by four persons who told him that Bijoy had murdered Chander and he had run away. Is the statement of Ajoy that he was told by four persons that Bijoy had murdered Chander and run away admissible as an evidence?

Anand bequeaths his house to trustees, declaring that they may sell it with the consent of Bhanu. Bhanu gives a general prospective assent in writing to any sale which the trustees may make. The trustees then enter into a contract with Chetan to sell him the house. Chetan refuses to carry out the contract. Can trustees specifically enforce the contract?

Ramesh owed Rs.50,000 to Brijesh on a bond which fell due on 1st January, 2002. Brijesh died in an accident on 30th June, 2003 without having brought any suit, and was succeeded by his son Mohan of 12 years of age. Is Mohan entitled to any extension of time because of his minority ?

A requisition was received by the sub-inspector of a police station from another police-station to arrest one Sameer in connection with the commission of a non-cognizable offence. Can the sub-inspector arrest Sameer ?

While a suit relating to a bunglow is pending between Ram and Shyam, Gita transferred the bunglow in favour of Sita. The court passes a decree in favour of Ram. Ram starts proceedings for execution of the decree against Sita. Will Ram succeed ?

Aman filed a suit against Bhuvan for obtaining a house and land property of Chaman on the ground that Chaman had bequeathed those properties to him by a will. But, Aman failed to prove the will and his suit was dismissed. Now, Aman files a fresh suit to get the properties of Chaman on the ground that he is the only and nearest heir to Chaman. Will Aman succeed ?

A special meeting of the governing body of a society registered under the Societies Registration Act, 1860 was convened to consider the proposal for altering its purposes. The proposal was submitted to the members in a written report. The proposal was agreed to by the votes of three-fourths of members present and voting in person.

A second special meeting was convened after ten days of the first meeting. In the said meeting, the agreed proposal was confirmed by three-fifths of the total members. Is the alteration valid ?

Rajesh mortgages a building of the value of Rs.70,000 to Suresh for Rs.50,000. Rajesh, subsequently, sells the building to Suresh. An unpaid amount of Rs.5,000 against interest is also outstanding at the time of sale. Determine the value on which the stamp duty is payable in this transfer of property.

Ajit sells a house to Baljit by a written document in 1997 and delivers possession thereof to Baljit. But the document is not registered. After one year, Ajit sues Baljit to take back possession of the house on the ground that because of non-registration, the document has no validity. Will Ajit succeed ?

Under the terms of an arbitration agreement, the court appointed Anurag, chairman of the arbitral tribunal, as the arbitrator. During the pendency of the arbitration, Anurag was demoted and ceased to be the chairman of arbitral tribunal. The parties to the dispute objected to his continuance as arbitrator on the ground that he had now become disqualified. Is he entitled to continue as the arbitrator ? Decide.

Amar bequeaths certain property to Akbar, having the fullest confidence that he will dispose it of for the benefit of Anthony. Explain whether a valid trust is constituted by this instrument ?

Arjun owed money to Bheem. Bheem transferred the debt by deed of gift to Chander. Subsequently, Bheem transferred it for value to Deepak. Who is entitled to the amount ?