CS Inter :: General and Commertial Laws : June 2005

Explain the writ of mandamus as an extra-ordinary constitutional remedy.

Mention the provisions relating to freedom of trade, commerce and intercourse in the Constitution of India.

Discuss the doctrine of stay of suit under the Code of Civil Procedure, 1908. How far is it different with that of res judicata ? Explain.

Discuss the provisions relating to valuation of instruments chargeable with ad valorem duty in cases where the value of the subject matter is indeterminate under the Indian Stamp Act, 1899.

Explain the terms ‘computer contaminant’ and ‘computer virus’ as defined under the Information Technology Act, 2000.

An organisation of a business community staged processions, demonstrations and agitations before the secretariat of the State Government on busy roads to press for their demands. These caused traffic jams. The State Government imposed a ban on demonstrations and marches on busy roads on working days. The organisation alleged that the ban was an infringement of the fundamental right of freedom as guaranteed under the Constitution of India and filed a petition in the High Court. Decide.

Ajoy transfers his house under a written contract of sale to Bijoy for Rs.10,00,000. Bijoy pays Rs.3,00,000 to Ajoy and takes possession of one of the four rooms of the house. No registration of documents of the contract of sale is made. After six months of the said contract, Ajoy sells the same house to Chander for Rs.20,00,000. Chander has no knowledge of the previous transaction between Ajoy and Bijoy. When Chander claims the house, Bijoy takes protection of part-performance of the contract. Will Bijoy succeed ?

Abhay downloaded secret data from the computer network of a foreign company engaged in the manufacture of aircrafts. He was prosecuted and fined Rs.1 lakh by the adjudicating officer under section 43 of the Information Technology Act, 2000. Is any remedy available to Abhay ? Advise.

Aman is entitled to a picture by a dead painter and a pair of rare Chinese vases. Bhuvan has possession of them. The articles are of special character to bear unascertainable market value. Can Bhuvan be compelled to deliver these articles to Aman ? Give reasons.

A charitable society registered under the Societies Registration Act, 1860 convened a general meeting of the members to abridge its charitable purpose. At the meeting, the secretary of the society placed before the members a written proposal of the governing body and a special resolution for the abridgement of purpose of the society. Out of 100 members, 90 members were present in the meeting. The resolution was put to vote and 60 members voted in its favour. Can the society effect abridgement of the purpose on the strength of the resolution ? Decide.

Rohit executes a sale deed of a house in favour of Prem. The house is situated at NOIDA, but the transferor and transferee want the sale deed to be registered at Lucknow, which is the capital of the State. Can they do so ?

Anand is on his trial for the murder of Chanchal. There is evidence to show that Chanchal was murdered by Anand and Birender and that Birender said, “Anand and I murdered Chanchal.” Can the court take into consideration this statement against Anand ? Will your reply be different in case there is a joint trial against Anand and Birender ? Give reasons.

Amrit executed a gift deed in his life time in favour of Bhanu. The gift deed was not registered during the life time of Amrit. Bhanu, after death of Amrit, presented the gift deed before the Registrar for its registration. Rakshit, brother of Amrit raised an objection for the registration of gift deed on the ground of fake signatures of Amrit. But the witnesses to the gift deed contended that the signatures were made before them by the donor at the time of execution of gift deed. Whether the gift deed will be treated valid for registration under the Registration Act, 1908 ?

Sanjay instituted a suit against Manoj beyond the prescribed period of limitation. Manoj did not raise the objection that the suit was beyond the period of limitation. The civil court allowed the suit for a hearing and decreed. Would the decree be treated valid in such suit ? Give reasons.