coer {Cone ‘Fors and Consumer Protection wy Uist IPC) Family Lae ‘Question Papers Solved Problems 1 Conroe (Spi Cone) Consol | ‘wenn drogen ‘AdminsratveL aw ‘Goes Papers with Soe Problems 2 Property La (toured Company Law Pb neta La Feet of Sates ‘Quston Papers wih Solve Problems 3 Latour Lael Far Law Inca Propert Rigs Law ‘Gusto Papers wit Solved Problems $ Law of CrmesI(CEPC) Law of viene Banking Law Medi Law wih RETAct ‘Question Papers with Solved Problems Drang, Pleading and Conveyancing Profeenal thes and Accounting Sysem AemateDspute Reais Mont Cour Eres Peelogy and Victooogy Qucton Papers wih Saved Problems 6 LLB DEGREE EXAMINATION-2010 CONTRACTS-I1 (Special Contracts) ‘Tee: 3 Hours Max. Mats: 100 PARTEA Shot Answer Question) ‘ite shor motes any SIX ofthe lowing Fach ution case Marks {GQuestonsn 4 Marks=28 Marks) 1. Contact ofc Unie Nort VinyLaw Series 2 Phlge Unit No.4 Viay Law Series 3. Ageeyandernnation Unto. 5.6 1 Viay Law Series 4 Saleetnon-owners Page No: 203 of Question Papers 5. Minoraeapanner Une No 771 iy Law Series 6 Grossingofcheques. Unto 85.1 Vy Law Series 7. Forman ofp Unio: 71.3 Vij Caw Ses Holder due couse (Unt No: 6.1 Vay Law Sere 9. Dschageofsarey Uni No: 241 Vg Law Sees PART-B (Essay Type Questions) AnsweranyTWO Questions Ene question ames 18 Mas (2 Questions 18 Marks = 86 Marks) 10, Expaininpilcodtion and warts under se of gods contac ‘Answer Refer Unt No 6S of iy Law Seren 11, Expl he nghisoFunpol seer withthe fp leading cates ‘Answer Refer Un No, 610 of Vijay Law Series 12, Witt proaturefordssohtion of ie? Answer Refer Unt No.7 90t Vins Law Snes 15, Whtconthe keds oferdonements ofa negotabl tue Answer Relir Page 281 of Spec Comacts, CV Subba Rao PARI-C (Case Comment Type Qustons) Answerany TWO Questions Each question cares 20 Marks {2 Questions x20 Marks~ 40 Mark)Rak Appicaion Concho Vow Ls Sem B owes to C a debt guaranteed by A. The debe becomes Fasable C made some temps to rcover money om bat EX rwitte sy frfamtoreener fom and heey mid Kegaaction aginst A What the Labi of? Desde ‘Whether isrequrd to exhaust remedies against B? No ‘Wheto su se0-xtensve wth tha FB? Yes Can C recover the debt fons Aa rstnstance? Yes Whether the surety sable to discharge the debt of? Yes Whether the suit ed byC against Ais maintainable? Ves Whether Ais abit paythe deb? Yes Seton 128 The abit of surety co-ntensive Acconing to Section 28othe Indian Contact Act, 1872 he tabi of surety the same as that of principal debtor rth Sera camotbe ak to yma an hat an be recovered fom the pincal debtor Ona default having been made by the pencil eon threo can ecover ome su all ‘wht he could fave recovered om the principal dcbor Ifthe principal debtor fli obligation, te surety’ habit does tot ars: Theat ans ony whe he inal dor dos not Bank ofr Ltd. Damodar Prasadand Another, AIR 1969 SC 297 thas been bel thatthe Court of option that a ior sot bund to ext hs remedy ga the pra “khorbtre singe suey andi when ares aed against a surety maybe enforced nthe se manner asa dere forany ober debe Under Section 128 ofthe Indian Contract Act, 1872 in the ‘ontct the ably ofthe say soetrsve wiht he pencil bor. The surety boa sale pay theene Einount Hiab immediate tot dered unt tbe ‘editor exhustdhisemeis agains the principal debtor. Bele amet hare ha oh fo dates he credo ad ask hn purseliscmeds inthe pica ‘inthe first mstance. . af cam Inthe instant problem, C no bound o exhaust his remedy azant Bt princpldetor before sung the surety The bit of surety seo-xemsive with that oF B.C recover the deb fom Aat fist instance The sult ed by © agamst As ‘ubtanabl Hence, A, thesurty fable [ULB Quesmon Prensa Soxnen Paani 3 1s. Issue Applicaton Conchsion the principal entrusted lis work to his kerk and rarely aitendedto The clerk induced achent to sign ona dead of onvejanceof hs propery unde the mpresson hat 835 tmerely a power ofatomey Later he sol the property and atsconded withthe mony. Theta Pfs Pak? Dee ‘Wihetterihe aetofthcleamountsto a? Yes “Whether sable forthe fraud commited by isle? Yes \Wheththesut Sy thc aan siti Yes Section 238 ofthe Inn Contract At, 172: The et, on agreement, of mistepresentation or fraud by agent Murepresnitos mor rds commated, by ages act inthe courcofther busines rib pes have tesa lft on agreements made by such agenis a5 f Such tisepresentations or au had been made or commited by the principals ot mirepresenistions made, or frauds, comin by agent ster wich one win ee authority, do ntafet the penpals ‘According to Seton 238 ofthe Indian Contract At, 1872; 52 ise the msrepresemions mae or Fas comma ye ‘gent illousue hs aur, te agent personal Tab. yd Grace, Smithand Co, 19120716, the managing ‘lendco the plat ranstr he eotages to im and ‘misappropriated certanmortgge mone. The anf ued the ply: Thesohstors were abe tothe let tera “tanagng ck though was comnted sok rhs bee Ste Banko Styne Devs ATR 19781253, yaa Devrsbustandfandedorersonemonsyanichsgue ths hed ‘who wasaclskenSst Bank onan eskeinto depos, Inthe clerk misipproprted the money 1 hasbeen bel tha the bank was ot kabler the an commited clerk Exoeption Seen 230: Agent canot personaly enforce or te bound by contacsontsalfotprecipal Inte abence of iyconract to that efit. an agent cannot personaly enforce ont catered oy hm on behslot he prepa noes fe penonal bond y thm. Inthe stat poten, thelerksanauthoraed agent of The dct of the clerk amounts o fraud. Ps fable forthe aud ‘ommited bys cl Hence, thesut led byte cn gat Pemainarable‘Vue Law Sens femofLneroolmentans cored by oma London ‘etchant son bales of Mania hemp import on India pera The process been gon thes en ears erat hag ote ppored theron damaged te Seq ‘tater The mofwerpool jected the hemp and reused poyncn fr Adve Landontrehnts ‘What hese ones duo srpymechaabihemp? Yes ‘Whether fmf nerpools ented to ect the hemp Yes Cant femof Liverpool te payment forthe mp? Yes Section 162) ofthe Sale of Goods Ae, 1930 Concton sto merchunailey ‘The instant problem is related t0 ‘the condition as to percha andtcedon ‘ones Js Jones lst, I868LR3 QB 197, BACo afm of merchants ontacied by fom S some bus of Manda hap. This was foarte fom Smgapore, The hemp arved weed withsea trate I wasso damaged that twas aot possible wo sll tay ania bp thet Icha been el hat the hemp as fot oftorcartabl quay and twas ented tobe epced ‘Where the buyer examines he gods an the det srsuch tichcan be reveaed by ordinary examination, he contion Dmerchatabiy does mat oppyto the xen of such defects ‘Where the product has some ten diets which cannot bs ‘vesied by ordinary exammation, the condition of Inerchanablty would apply when ven ifthe buyer as ‘amie the goods Thome: Beer919) 1 KB486, B waned to purchase some the Tcehevatcondaviersvane nt Sas gnenevery fly to cpenthe balan aspect a Bakd not openthobrns (atcron th plc astound to hive dkfeca whet B couhave noted had opened te Bare ithasben blather So breach of mph eondion sto merchant int case and was ot eed toa ei Ines groblem the contrac between the prt fr the Sippy ef va The London mescartowes day to Sipps tehemofmerchansbe qty Te of Lasrebl ‘Seniledo reject the hompad alo telus the pater the hemp because the hempvas not of merchenee qty and three thermo Lnpoots cae tre tisha [LLB Question Pareas nn Soi Prowse s Application Conchason | A. Band are panes rm Crete nd Dis adie 3 abew partner Noemie ofthe change werent Ie firmedntnvesitstnness nas olrame Macostomer ofthe fi, death hermes ote frm. Mss ALB, Cand Dtorecoverh duce Wllnesuceed Decide \Wihetheradmison ofD asprin requires ple notice? Yes Whethertheadmiston of Das anew partner valk? No Whether continianse of busiesn ot ane aid? NO Wha M settee recovers dus fom, Cad D? Yes Whether the su ldby Ms matainabl? Yes Sexton 26) an (3) ofthe Partners As, 1932: Reteent ‘fap Aparine may retreby ging note meg 0 alte othe pares of hintennntoretie Sesion 32(3) thePartesfap As, 1932: Notwitisandinge etree oa parte ema hoard prin come tobe ables Fares thd pars for any act done by any ofthem which Souldhavebeensn asthe brn done before terstrement Sipe nonce gen the tem “The stat problem seated to ihe habity ofa outgoing abe 3) Tote hale forall the acts he th he wis aprierb) $0 ong spa notice at given the retrmgparncr tobe lableasa parrot hd aris fry at ney mort any ah pater wich ‘ouidhaveheen ana ofthe fim done before the etree Sear ad, 6 (7) AC 45, ins bes el hat as thepmnpcofholdngosta panera eve note of ms ‘Srement ma imthesunc ny thence stan member {othe fam ima othe publics tha peaps know abot is Status ornthertheatkensof peyton of chee pen inte frm Othorwse, hemi bs ested os partner Holdin {uth materhon eng back he ered fromthe fim witout ‘ove Irs nmateral wether he etinng partner geste ote o the other pres Intense problem the adssion of Das parts eqs publ notice, Admsson of Dasa ne partner nt ab Rrtisseitequres semnceofpublenotce Continuance of Thins infsoldname'n not vl. Mis enti to recover thes om A, B.C and D. Hence, the su fled by Mis mmantaiable‘Vion Law Seams LLB DEGREE EXAMINATION-2011 CONTRACTS-II (Special Contracts) Time: 3 Hours Max. Marks: 100 PART:A (Short Answer Questions) ‘Write short notes onany’SIX ofthe following. Each question carries 4 Marks {6 Questions x 4 Marks = 24 Marks) 1 Liability of baler. Page No: 201 Question Papers 2 Contract ofindermity Unit No: I.1 Vijay Lav Series 3. Powersofagent age No: 228 Vijay Law Series 44. Difference between contin and warranty... Unit No: 6.4.6 Vijay LS 5. Promissory note Unit No: 8.2.2 Vijay Law Series 6. Regstrations ofa firm Unit No: 7.4.1 Vijay Law Series 7. Minor as partner Unit No: 77.1 Vijay Law Series 8. Ruksofpassing ofproperty ...... Unit No: 6.7.1 Vijay Law Series ‘9. Rights ofthe holder in due course... UnitNo: 8.64 Vijay Law Series PARTB (Essay Type Questions) Answer any TWO Questions. Each question carries 18 Marks (2 Questions x 18 Marks = 36 Marks) 10, What ae the implied conditions and warranties ina contract of sale? Answer Refer UnitNo: 6.5 of Vijay Law Series 11, Who isanunpaid seer and what ae is rights in respect ofthe goods sold by ira? Answer: Refer Unit No: 6.10 of Vijay Law Series 12. What are the rights ard duties of partners? Ansuver Refer Unit No: 7.5 of Viay Law Series 13, Exphin the different kinds of endorsements. ‘Answer: Refer Pazeno: 251 of Special Contracts, GCV Subba Rao PART-C (Case Comment Type Questions) ‘Answer any TWO Questions. Each question caries 20 Marks (2 Questions x 20 Marks = 40 Marks) {LL Questo Parts Sons tn Pronto 7 14, Bowes to Ca debt surance by A. The deb becomes payable Cre some atenpsto none nage Rees fst wilbe cay fr amoresove fo Aud gy uted Iegalacton against A Wht the abo Dec Isa Whether Cis required exhaust the remadis apt BP No Whether thea ofsuryisco-cntensive wh hat TB? Yeu Can Crecoverthe db fom Aat ist nance? Yes Whether thesurety abl to dchrge he debt of Yes Wether the sit edb Caganst Ais sige Yes Woeter Asal pay the dt? Yon Fue Secton 18: The aby ofsurt seoexersive wih hat of the pica dor, unk these povided By the Apptzaion Accordingto Seton 128 ofthe Indian Comat Ac, 1872 the Ubi ofsrey sth sane ath of prepa eo re surety canot be asketo py ethan what ean bere flomthe principal debtor On sds having bese ade by the prnaldebtr he creda can coer emt seta ‘whut he couidhavereskered ome peep debior Ihe Drmeal debtor tisha oan srt bey doesnt se The lab ares ony when be prota dos docs apa. Bankof Par Liv Dana Prasad Another AIR 1969 SC 297, has been held thatthe Court sof opcionthat credo sotfind a extant may ase he pcp dthor etre sung thst and that wiena dee soba ‘gant srl tay beenorced inte Sane ante as scree forany ober debe Under Section 28 of the Indian Contact Act, 1872 in the contact halt ofthese coetensie wth tat he pric dor Testy bach, bbs pa heeie nut Before smc hes ight tat tems tothe credor and ak hin to pursues remedies again the principal nthe fist nstnce Conon Inthe stant problem sot bund io exaust is remedy ‘aint the pina debtor bore sing A the ily The ly ofsurety is eoenese with hat of. Creve the fom Aat fist instance The sit fled by C aginst As mantinable Hence, Abe surety able1s. Puke Application ‘Conclusion ‘Vue Law Sexy allhis work to his clerk and rarely iitended tof. The clerk induced a cient to sign on a deed of aarevance of his property under the impression that it was ‘ure a power of attorney: Later he sold the property and ‘pecordod with he money. The cient ses PIs Plable? Decide. ‘Whether the act of the clerk amounts to fraud? Yes Whether Pis abe forthe fraud committed by his lerk? Yes Whether the suit edb the cent against P smal? Yes ‘Section 238 of the Indian Contract Act, 1872: Effect, on Sercement, of mistepresentation of fraud by agent: Miaropreseiations made, or frauds committed, by agents acting inthe course oftheir busines forthe prncrpals, have the same effect on agreements made by such agents as if such frstepresentation or frauds had heen mad or committed, by the principals, but misrepresentations made, or frauds, Comfted: by agents, in maters which do not fall within thea Suthonty, do ot affect their principals ‘According to Section 238 ofthe Indian Contract Act, 1872, in nae the mistepresentations made or frauds committed by the Sent flloutsie his aulhorit, the agents personally abe LLoyd v. Grace, Smith and Co, 1912 A.C 716, the managing clea induced te plant 0 transfer the cottages to him and ncapproprated certain mortgage money, Plaintiff sued the Grnployers The solicitors were kable to the client forthe faud ‘firunagan clerk though ts commited solely for his benefit State Bank of India v. Shyama Devi, AIR 1978 SC 1263, ShyammaDevis husband handed oversome money and chequeto hasten who was ackrk n State Bank of India and asked himto ‘epost but the clerk msapproprited the money thas been he ‘ha the ak wasmnot lable forte aud commited by its clerk. Exception: Section 230: Agent cannot personally enforce, not ‘he bound by, contracts on bhai of principal. Intheabsence of fay contrat to that effect, anagent cannot personally enforee ontracts entered into by him on behalf of his principal nor is he personally bound by them. Inthe instant problem, the clerk is anauthorized agent of The fact ofthe clerk amounts to fraud. P is lable forthe fraud Commatted by his clerk Hence, the suit fled by the chen against P is maintainable P.the principal entrusted [LLB Questar Pars wt Sous Proms 16. Rue Application CConetsion ° A fimo im some a of Mencken Laon eaicaly The procsshanbeengone ihe ae bultbehenp tnt tinponin nein water. The firm of Liverpool rected the howe and whaced payment frit Adve Landon merchants om Teed ‘What hesckrowesa diosa an WhahsfrmorLnerpoolsenttoropet ti phos CanthefimorLnerpoorcse the pamen beth hoop ‘Section 16 (2) of the Sale ofGoods Act, 1930 ian CCndtonasio meena, The instant problem i ated to, the ‘condition a to ‘cheb td on ons lores Js, IRGSLR3.OB 197 Ba& Coa fmf archants contacto hs fom Ssanetks of Manly Tae toare fomSingspore Thehenparvol eel wahoca water I warso damaged t esol posable slice aia emp nthe at Itasca at eon ak ofc qay twas a bereker fects Campion cer Sichwhichcanbe evened by onda eomnang condion Seine eee main a ‘Where th proc as sone tent dts whicheao rete fy vary eammaiom the onion oF rmerchanabity woul apply when even the Dyer ‘examined the goods. sta eee ‘Thome. Bees (1919) | KB 486, wanted to purchase Sethe icine une rage ey bey oop ti arcand pest them but B di pot open the bare Later onthe glue as font havedetets wh Beton ehaopsed the Brel hs teen ell ha hero beachoT imped ovitonastomeramabity Bwastotuiste ay Inthe tant probly, thecona bewcene pres rhe ‘Choi atten sail The ommmerat mest 0 Ry the he of mercharabe quay The Gm oF vera emir te hempand sores the payment fr thc hay Secave the hom naseotofmrchanabie qual ‘Patan th motel send toreete hanIssue Application Conehision Vow Low Seas BanCareparversina fim. Cties and Dis adidas aan ca: Repub notch change given but the Fe er fates nts lta, Ma custom of he ep rm becomes bd tthe flat NM sacs for de prorecovers dues Wilhe succeed” Detile ‘Nnvte advo of Dasprtne rues poe notice? Yes Whether the admison of Das ave parte sail? No What coninuaceofbusines in ok nae ail? No ‘Whe Meio rcoer is dbs oe B, Cand? Yes ‘Wheto he su fedby ts maintauble Yes Sect 34) and) ofthe Parnes Ac, 1952 Reiement Seon Apart may ere by peng ance n wrt STieoter ares hictont rere Section 32) of de Fareabp Ac 1052 Nowwihwanding theetromer ofa pater Boma fem had th parr contin to De abe a Perrot parts or ay ae Jone by ayo the whch alle burnt ofthe fondo belts etre, Topubi roves gnen ofrecer ‘The stan probe sreled tthe lnbilyoFan outgoing arto Labia: a) Tobe lable forallthe ato the em {trewhic be waeapnc) Solongavapubbe notice sot hen esingpure to beable partert the thd Farts ran at dnc hor yay of he other partes Wish wuldRancfnenanaoftie fo dere tefoetrene Sear Jari, 1882(1)AC 35, isbas bon ed that x perihe prinipofholing outa partir mass pero Ths ‘rement fa i sne wy tence fan member tbane femismadetothe public tha peopc now about bs Sats oraber ese oper ofeach eing eon ‘item Te aby ofa eed paar told ror or aston conics tila noice ois een pen, Sn fmvioela fr teed pane od jis stoton a te note bs nt bon pe Inthe tant role the admission ofD a partner requis publicize Taeadmison of Daca ew pre no aid Recast equ suuance of pbc nnice. The continuance cffoones ntsc meta ne, Msc 0 seeoveris use fom A,B, Cand D. Hence he su fed by Mismananubk [LLB Questo Pars wr Sour Proms " LLB DEGREE EXAMINATION-2012 CONTRACTS. (Special Contracts) Time: 3 Hours Max. Marks: 100 PART-A(Short Answer Questions) \Writeshort notes on any SIX ofthe following. Each question ears 4 Marks (6 Questions x 4 Marks = 24 Matks) 1, Lily ofinderiier Unit No: 1.5 Vijay Law Series 2. Doctrine ofrustation Page No: 223 Vijay Law Series 3. Novation age No: 227 Vijay Law Series 4. Explain kinds ofdsoluton ofa fim. Unit No: 7.9 3 Vijay Law Series 3. Termination ofagency Unit No: 5.6 Viay Law Series 6 Sale by non-owners Page No: 203 Question Papers 7. Implied authority ofa partner... UnitNo: 7.6.1 Vijay Law Series 8 Discharge of surety Unit No: 24.1 Vijay Law Series 9. Bilofexchange Unit No: 8.3.1 Viny Law Series PART-B (Essay Type Questions) Answer any TWO Questions. Each question caries 18 Marks (2 Questions x 18 Marks = 36 Marks) 10. Writea note on specific remedies available under the Specific Relief Act, 1963 with pecial reference to specific performance ofa contract? ‘Answer: Refer Page no: 122-130 Contracts of Viay Law 11, State the Rule ofcaveat emptor with ts exceptions. “Answer: Refer Unit No: 6.6 of Vijay Law Series 12. Define agency, agent and principal Discuss the essential ingredients of agency and various kinds oF agents Answer Refer Unit No: 5.1 & 5.2 13. Explinthe provisions ofthe Sale ofGoods Act, retin to sale of auction. Answer: Refer Unit No: 6.11 of Vijay Law Series PART-C (Case Comment Type Questions) Answer any TWO Questions. Each question carries 20 Marks (2 Questions x 20 Marks = 40 Marks)2 Application Conchsion ‘Vuay Low Seous Anand and Bahr who run abusiness allowed Chand to represent fmsef as thet business partner Dhavan believing on such Tepresenation advances Rs | Lakh to Chand, Subsequently (Chand s declared insolvent. Davan sues Anand and Batu for the money, Will Davan succeed? Explain Whether Anand and Ba ar ale for insolvency of Chand? Yes |Whether the Dhavanis ented 1 sue Anand and Balu? Yes ‘Seton 28 ofthe Indian Partnership Act, 1932: Partner by Es- toppelor hoki out: Anyone who by words spoken or writen dry conduct represents himself or knowingly pemats himself tobe represented, foe a partner ina fms habe asa partner inferno anyone who hason the fath ofan such representation [Eien credit to the fi, whether person representing himself or represented to be partner docs or does not know that the ‘representation has reached the person so giving credit ‘The instant problemi related to “the partner by estoppel or hokiing out, According to Section 28 ofthe Indian Partnership, ‘AGL 1932. Aperson who represents himselfor allows himself to be represented to bea partner na firm, and athind party on. the faith ofthat representation eves ret to the fim he becomes Tableas. partner such hid partys partner by estoppel ‘orholding out, According to Section 28, partnership by holding fut also known as parinership by estoppels. Where a man holds himself out asa partner, o allows others todo the is then stopped from densi the character he has assumed and upon the Fath of which creditors may be presumed to have ‘acted. Whena person represents himself or knowingly pests himself tobe represented asa partner ma firm (when fact he ‘Snot hes Table, hike apariner inthe fmto anyone who on the fthof such representation has given edit tothe frm. A partner byholding out is abl to the person giving credit 0 fake good the Tose which any thied party may suffer but he does not acquire any claim over the firm. A person docs not become a “real pariner but he does become liable for ‘compensation to the thd party whom he induced asa partner by hokding out and caused such man oss or injury. Inthe instant problem, the representation by Chand to be a partner's valid because Anand apd Balu allowed him todo so. ‘Anand and Baluare lable forthe insolvency of Chand. Dhavan ‘Senitied to sue Anand and Bali. Hence, Daavan will succeed ULB Questo Paras wr Soren Paontes 8 Rub Application Conchision appointed Aas his agent to colt his rents and required ham toexecutea fidelity bond in which C was surety Sometime alerexsunmoftoniC det Acormmted various acsoF vkety afer C'sdeathISC's estate hale forthe losseaused to B? Whether appointment of Aas B's agent is abd? Yes Whether the guarantee continues on the death of? No Whether C’s estates lable forthe caused to B? No Section 131 ofthe Indian Contract Act, 1872: Revoeation of continuing guaraneeby surety’ death. Death ofsurety operates, inthe absence of any contacto the contrary. asrevoeation of Continuing guarante so fir as regards tute transactions. The instant problems related to "the evocation of continuing {guarantee by surety’s death’ The relathonship between the partes afer the deth of the surety must be governed bythe provisions of Section 131, the Indian Contract Act, 1872. Generally a guarantee isnot revocable, butas per Section 130, contig guarantee may at anytime be revoked by the suet, a5 to future transactions, by giving notice to the creditor. According to Section 131 ofthe Indian Contract Act, 1872, the death of surety operates 3s revocation ofa continu ‘guarantee unless there isa contrat to contrary. It not ‘nocessary that the creditor must ave notice ofthe deat, but tunder Fngish Law such noice esential Surety’ estate ‘eran fable forthe past iasactons which have lea taken place before the death a the surety. With espe to subsequent {ransactwons ad labites, whether a guarantees evoked by the deathof surety depends, would seem, upon the nature of the guarantee gen R.K, Dewan s, State of Uttar Pradesh, AIR 2005 Ail 202, I has been held tha the lability of the deceased surety can be imposed against his legal eis bat only to te extent ofthe property inherited by them. ‘Durga Piya v. Druga Pada, AIR 1928 Cal204,Ithas been held that ifthe surety des, th continuing guarantee regarding fare {eansactionwillstand revoked, but there any contract othe Contrary the sufety will no be discharged from hs habit. Tothe instant problem, the appointment of A.as B's agen is il. The guaratee dosmnot canton the death of Hence, (Csestate snot lle forthe caused to B,“ Isue Application Conclusion Vows Lev Semis representing himelfasa major, executed Aa can took aan ofRS 2500 fom B. Later rome Whsrthe omssoynot executed minors ali? Yes ‘Whaterthe mimorcan plead hs minor asadefense? Yes Contherorrefiseto rep th ban ake Bn? Yes ‘Wheto tec fey Bs maamble? No Sets, 1Oand ofthe nan Contact AC, 1872 makes seat te contacting partes shoul Be competent fo Sioratandianmorscomtsvo ‘The imtan problems cated tothe capaci to contract According ithe Indian Contract Act, 1872 amino snot lable ‘orchid mone aed taxi narepreseaton Min Saray pas manny a ese, a mio: by fads peseningh agente conc tll mot ‘Cantake the beher ofmnorty.c g,A,aminor by faudulntly {eprsctinghimslf fo be major incest lend hin IRE Son0 He rend to repay dB ed him for money. ‘Thecontac wasvow!andA wast able repay MotB. Dios Gone, (1903) 30 Cal 539, that minor hat no capac Yo conract and minor's conta i Shoe oid Int case amor borrowed Rs 20,000 froma mom lade Asaaecurny fr che money advance, Nexectedammigage nano, When sed by Vth een ed tha the Contract by X was vd and he cannot be Compete to repay te amour advanced by hin Sections 30 and 3 ofthe Specific Rei Act 1963 provide that incase ofa aude morepresenaton of hs age by the mio te tery ener moa conte Cou iy award conpetsion thoi pur According to Section33 ofthe Speci Reet, 1963 the Cour mathe minor has reseed any bone unde he greene thc ther party requrehim restora Inybesuhbeet the te: party oe extent whieh he Ors ests as bon bend egy, Inthe ngant problem the promissory not executed by minor Syl The nor cand smn v2 dene Te minor refs orepay the loan taken by bum Henesthe st fled by Bs not matainable °s Fo 7 Rae Application Conchsion JB Qeesmo Pores wr Sons» Pontes 5 A selsahorseo 8. WhenB goss withthe horse, es arented iy the police on the charge keoping stolen property athe hse belongs tC: Can Bsc Avs on what bas damages canbe recovered? Whetherthe haste ove the horse? No ‘Whether B senile to sue for recovery whole price? Yes \Whethor Ais nbleo poy damages to B? Yes Section 14 (a) ofthe Sale of Goods Act, 1920: Implied undertaking a8 tote In a contract of sale, unlese the Sunoco hiniat reach an too ar "tenon there) an mpd condtom onthe pat ofthe seer that nie cas of sale he haw mht tose the goods nd that nthe case ofan arcemento sel he wilhave3 ight 10 Sellihe goods at the time whan the property sf pass The instant problem related tothe conditions as to tie” cording 10 Seton 13 (a) of he Sle of Gon At, 1930, exer contract of shes mpi condition ont pat of thesellr shat, mthecaseoFasaleybshs the git slthe ood and ha inthecas of anagrcement tose he wll have §rightosllthe goes atthe ine when the propery st pass Ordiariythe slr asthe gh tos he goose be the owner ofthe ods or hems owners agent Asa result of thiscondtion, ithe sellers tle tums ou fo be defective the buyers entiidto reject the goods and to recover hs pri Notice tha inthe eave of breach of condition ast tie the buyer has no optionto teat the beach of condtionas breach ofwarantyandaeeep the goods ardsuc he eer fr damages inthis caso, he most returthe goods to te tru owner le can of couse recover the pce romthe slr because a {otal are ofconsdraton Mathew Varkey Abraham, AIR 2001 Ker 98, where the pint purchaser lamed damages for beach of condition as {othetite of thecarsoldby the defendant alleged tobe stolen and seized by the pole, the chin for damages cannot be Sustained inthe absence of prooFand plading of sso ite by the plamnulfowingta seine ofearty the pobse Inthe instant prober, the sale beteeenAand B imo valid, tecause Naso tile over thehorse vented to suc A for recovery whole price Heres A stable to pay damages toB.Vivo Law Seams LLB DEGREE EXAMINATION-2013 CONTRACTS-I (Special Contracts) Time: 3 Hours Max. Marks: 100 PART-A (Short Answer Questions) “Write shor notes onany SIX ofthe following: Each question caries 4 Marks ‘(6 Questions x4 Marks ~ 24 Marks) posi, PagetNo:227 Vy Law Series 2 fenawsae ti No 82. Vy Law Sens 3. Gone wary Um No 61 vy La Sere 4 Gondetiem UN: 123 Vy Law Serie $ Fomor age No-223Vipy Law Sees & Tamme ct UnnNo:3 8 Vy Law Sere Lat orci Ciao: 13 Vipy La Sere & Patpelynonomers Page No 202 Question Pape 3 ParoylingotUn NO 71s Miya Sens PARTB (Essay Type Questions) Answer any TWO Questions. Each question caries 18 Marks (Questions x 18 Marks = 36 Marks) 10, Define negotiable instrument and state the distinctions between bill of exchange and cheque-Answer: Refer Unit No: 8.1.8.3 & 8 4 of VLS 11. What do you understand by implied conditions and implied warranties? “Answer: Refer Unit No: 6 5 of Viay Law Series 12, What are rights and duties of llr and buyer before and aftr sale? Answer Refer Unit No: 6 9 of Vijay Law Series 13. Define indemnity nd guarantee, Explain te distinguishing features with Alistrations. Answer: Refer Unt No:.0.& 2.0 of iy Law Series PART-C (Case Comment Type Questions) Answer any TWO Questions. Each question caries 20 Marks (2 Questions x20 Marks =40 Marks) {LL Qcrstnn Pare rm Sos Pao 0 14 Rute Application Conchsion A owes B Rs $000. A pays to B Rs 2000 towards fll and complete satisfaction the whole des atthe tine and place at which Rs 3000 were payable and B accepts in writing Later Bechanged his mind and started lamang the remaining amount and sued A. Dovid, Whether the payment by A amounts compkie stisfaction? Yes Whether B's acceptances legally vali? Yes Whether A discharged of whole debt? Yes (Can B claim remaining amount subsequently? No Section 63 oF the Indian Contract Act, 1872: Remission. Remission i the aoveptance ofa lesser sum than what was contracted for ora lesser flllent ofthe promise made. Ex. A. ‘owes BR. 5,000, Apaysto B who accepts in satistiction of the whole debt Rs. 2,000 paidat the time and place at which the Rs 5,000 were payable. Whole debts discharged Th emcal to accept less than Wwhat isd under the ‘The silsfacton’ ste consideration which makes the aves ‘operative Satisaction means the payment or fulfilment of the lesser obligation Anaccord is unenforceable, bt an accord accompanied by satisfaction i ald and thereby discharges the obligation under the olf contrat ‘atonal Insurance Co. Ld. Boshara Pola Pt. Ltd. (2009) 1'SCC 267, has been eld thata contract may be discharged. by the parties tothe orginal contract either by entering into a new eontiact in substitution of the original contract: oF by aceepiance of performance of modified obligations in eu of the obligations stipulated inthe contract. Kapur Chand Godha and Others: Mi Nawab Himayatalikhan Azamiah, AIR 1963 SC 280, It has been held that on a ‘construction of Section 63 and illustration: thereof thatthe appellants having accepted payment in fll satisfaction oftheir lam were not entitled to sue the respondent forthe balance Inthe stant problem the payment made by amounts complete satistction because B's aeeptance for lesser amounts legally Yala The whole debt is deemed to be discharged. B eannot claim remaining amount. Hence, the Suit filed by B is not ‘maintainable1s. ‘Conchason ‘Vuey Law Stuy Araathssved acheque of Rs: 10000 tour of Rash. When ‘echaqucissetforcobectn, tisdshonored Adve Rash yuma whom he as to take action and under which statutory povsons, ‘Whether the act ofAnaath amountsto fraud? Yes ‘Whetherthe etofAnanath amounts to breach fcoiract? Ves Can Rajesh take action aginst Anant? Yes ‘Whether Ananth te for daages fr reach contact? Yes Section 17,73 ofthe nian Contract Act, 1872 Section 138ofthe Negoale instruments At. 1881 “The instant problems rated to "the aud” under Section 17 andthe compensation floss or damage eawsedby breach of ‘ontractuner Section 73" ‘According to Section 73 of the Indian Contact Act, 1872, when a contact has been broke the party who sts by Saehbrechis ened foro, forthe party whos ken the contact compersatian foray los or damage cased to tmthereby,whichaurly arose the wal course fs ffom such breach, or which th partis kre, when they made theconact tobe lkelyto result fromthe breach ot Seton 8 ofthe Negi srumeds At, 1, nerd toprevent dishonesty onthe pert of he dar of Insnanen. The dshencurofehoqe snow acrminl fence usable by mprisonment upon year or with ine up te {ouble the amount of dishonored cheque or wihboth ‘Nati lsirance Company Lt. Seema Malhotra, AIR 2001 SCII97, where under contact of surance the sured ga¥e achegue to the isurer for pasmen’ fist prem sou iutthe cheque was dshonouredby the drawoe bank ducts idea ofthe ind nthe account hed te rer Even fihe insurer hs disbursed the aroun covcred Hythe poly tothe sre ef techie wanrctumed done Isorer cit to get the money back Inthe instant problem the at of Anaath amounts to fa as defined under Section 17 ofthelndan Contract Act, 1872) aso amounisto breach of contract under Section 73 ofthe ‘Ac, 1872 Rashcan take scion against Ananathan! Ath islable for damages fortreachor contact LL.B Questo Parra wim Souvr PaowLEns 16 Rue Application Conctusion X owes Y adebt guaranteed by. ¥ does no sue X fora year attr the debt fis become pvable and in the meantime X becomes insolvent. Is 2 discharged fomhis kabiity? ‘Whether failure sv forayear would discharge 7'slabliy? No ‘Whether the insolvency of X discharge V from ibility? No Whether discharged fromhis ability? No Section 137 ofthe Indian Contract Act, 1872 CCreditor’s forbearance to sue doesnot discharge surety ‘The instant problem is related to “the discharge of surety According to Section 137 ofthe Indian Contract Act, 1872 forbearance on the part ofthe creditor to sue the principal debtor oro enforce anyother remedy against him, does notin the absence ofany provision inthe guarantee tothe contrary, dlscharge the surety Thstration B owes to C a debt guaranteed by A. The debt becomes pasalle C doesnot sue B fara year after the debt has become paable. isnot discharged flomhissuretyship, Azz Ahmad \. Sher Alt and Others, AIR 1956 AIl8, as per ‘Section 134 of the Indian Contract Act, 1872, the surety i, discharged by any contract berween the creditor and the ‘rincpal debtor, by which the principal debtor released or by Any act or omission of the creditor, the egal consequence of which isthe discharge ofthe principal dcbtor. The Cour inthis, cease observed that Section 137 should not be interpreted restrictively and noted that the phrase mere forbearance i Section 137 does not mean forbearance for a limited time (namely that within which legal proceedings maybe taken), but a forbearance not resting upon of in consequence of such & Promise to give time to, or not to sue the pneipal debtor, as the subject of Section 135. In fuasbeenheld that creditor has no duty tothe surety (m the absence ofan express provision inthe guarantee) to pursue a legal remedy against the principal debtor. Creditor’ failure to take action willnot in sch ercumstances discharge the surety, Inthe instant problem the failure to sue fora year by X would not discharge te lability of. The insolvency of Xalso does notdlschange Y fom aby. Hence, inthe hight ofthe provisions ‘of Section [37, Zs not discharged from his lability 25a surety.Rue Application ‘Conclusion [A delivers to Ba carrie, some explosives ina case without ‘disclosing this fat to B, Bd not take any extraordinary care for suchtype of goods. The case expkes and causes damage Discuss the ability of. Whether the relationship between A-B amounts to ailment? Yes Whether Aowes aduyto disclose the nature ofthe goods? Yes ‘Whether Ais abl for to pay damages? Yes Section 150 ofthe Indian Contract Act, 1872: Duty to disclose ‘hultsim goods. The bale must disclose all the known faulks in the goods: and fhe fais to da wha, he willbe lable for any daage resin directly fom the fas ‘The instant problem s related tothe duty to disclose fal in goods", According to Section 150 ofthe Indian Contract Act, 1872, thebalor mst dseloseallthe known faults inthe goods: and fe aio do what, he willbe lable for any damage resulting ‘rectly fomthe faults For example, delivers to B,a carrier, Some explosive ina case, but does not warn B, The case handled without extraordinary care necessary for such articles ann explodes. Ais able forallthe resulting damage to menand other goods. In the case of bailment for hire, a stil greater ‘esporsiliys placed on thebalor He willbe lableeven ithe did pot know of the defects as per Section 150-A hites a éarigge of B, The carriage is unstfe though B does not know this A's inured. Bis responsible to Afr thoigury. Section 1S! enjoinsa duty on the balee to take as much care ‘ofthe goods aed to himasaman ofordnary prudcnoe would under sum circumstances, ake of his own goods ofthe same bulk, quality and the value asthe goods bailed. The loss oF damage of goods enrusted 0 the baile i rina ici proof of ‘evidence ofhisneglgence. Thus, every party, whether principal ‘oragen, who ships explosives or dangerous goods without previous full wniten disclosure to the carrie oftheir nature, shal be ible for and indemnify the carrier against allloss of damage caused by such goods. Such goods may be warehoused at ownersrak and expense or destioyed withoit compensation. In theinsar problem therebtionshp between and B amounts to bailment. Aowesa duty to disclose the natureof the goods A liable for to pay damages because filed to disclose all ‘he known fas inthe goods and ence, hes habe for damage resuling directly fromthe fas. LL.B Questo Parens wr Sot Proms ” LL.B DEGREE EXAMINATION. 2014 CONTRACTS. Special Contracts) ‘Time: 3 Hours Max. Marks: 100 PART-A (Short Answer Questions) ‘Write short notes onany SIX ofthe folowing. Each question cartes 4 Marks (6 Questions x 4 Marks ~ 24 Marks) age No: 225 Vijay Law Series Caveat emptor Unit No: 66.1 Vijay Law Series Dissolution ofa firm Unit No: 79.1 Vijay Law Series Bailee ‘Una Nos: 3.1 & 3.1.4 Vijay Law Series Persons competent to pledge Unit No: 4.4 Viy Law Series Implied conditions ‘Unit No:6 5.1 Vi Law Series Passing off Unit No:6 7.1 Viay Law Series Effect ofnon-repistration of partnership . Unit No: 7.43 V Law Series ‘Negotableinstrunert-deintion ..... Unit No 8.1 Vijay Law Series Hire purchase agreement PART-B (Fssay Type Questions) Answer any TWO Questions. Each question caries 18 Marks (2 Questions x 18 Marks = 36 Marks) 10. Givea detailed note ofthe rights and duties of partners inerse ‘Aasower: Refer Unit No: 7.5 of Vijay Law Series 11, Under what circumstances surely willbe discharged fom lability? Answer Refer Unit No: 24of Vijay Law Series 12. Explinthe law pertaining to rights ofan unpad seller against the goods ‘Answer: Refer Unit No’ 6 10 of Vijay Law Series 13, What are the ways mn which an ageney terminated? Answer: Refer Unit No: 5.6 Vin Law Series PART-C (Case Comment Type Questions) Answer any TWO Questions. Each question caries 20 Marks (2. Questions x 20 Marks = 40 Marks)Rue Conchision ‘Vay Law Ses Keesav and Balajrun a businessas partners They allow another person, Ramesh to represent himself as their business partner. Reenyana, beleving on suchrepresenfation advances RS. 1 kh to Ramesh Subsequently Ramesh is declared insolvent ‘Narayana sues Kesivand Bali forthe money. Willbe succeod? ‘Whether therpeesentationby Ramesh tobe pater vali? Yes, Whether Kestv & Balj are lable for insolvency of Chand? Yes, ‘Whether the Narayana is enitledto sue Kesav and Balaji? Yes Section 28 ofthe Indian Partnership Act, 1932: Partner by Estoppel or Holding out: Anyone who by words spoken or \wrtten ory conduct represents himselfor knowingly permits FumselPto be represented, bea parnes ina firm, ts able as a partner in that into anyone who hason the faith oFany such Fepresentation given eredit to the firm, whether the person representing himself or represented to be a partner does or doesnot know thatthe representation has reached ereditor ‘The instant problems related to “the partner by estoppel or holding out; According to Section 28 ofthe Indian Partnership ‘Act, 1932: Aperson who represents himself or allows himself tobe represented to bea partner ina frm anda thied party on the fath ofthat representation gies cred othe fem, he Becomes lable asa partner to such tad party, scaled partner by estoppel orhokding ot ‘According to Section 28, partnership by holding out is alsa knowns partnership by estoppels. Whena person represents himset, oF know nal permits himself, to be represented a a pariner ma frm (when mc he snot be is abl, ikea partner inthe eto anyone who onthe fit fsuch representation has sven credit the frm. A partner by holding out isiable to the person giving eredit to make good the loss which any third party may sue, but e doesnot acquire any claim over the firm. A person does not become areal partner but he does become liale for compensation to the thitd party whom he induced asa partner by holding out and caused such ma loss cor ny Inthe instant problem, the representation by Ramesh to be & partner i valid because Kesav and Balaji allowed him to do Faken a Bala arial fr the soe of Ramesh, Dhawan Balaji. Hence, Narayana [LLB Qersmos Pare wer Soin Proms 3 Is uk Application Conclusion Xageesto indemnify Va newspaper proprio, against clans ansngout ofthe bel pend n he newspaper concersing 8 person oftepute.Isthisa valid agreement under contact of tary Ge our reasons Whether agrernent made between X and Y enforceable? No Wher Xs ible to indemnity the los seed by Y? No Section 224 ofthe lian Contract Ae, 1872: Nobility oF employer of agen to do acrminal at. Where one person empl ssanother‘o do anact wich s rina, the employer not Table othe agen, eter upon an express or am pied promise, to inden himaganst the consaquenseso tha at Thain B, the propritorofanewspaper, publishes, at As request, a liken nthe paper and agresto inden B against theconsequences fe publication, and alleosts ae damages fany action nrespoet thee Bs sued by C and as to pay damages, and abo ncursexpenses Ast hable to 8 upon tbeinderty Section 23: What consideration and obec are ful and ‘whatnot? The corslaraon or obec ofanagremot a Uns tsfobiddenby hor of ich ate permatd ttwould delet the provsions of any law or is fraudulent of involves apes jury to the person propery of antler or Courtregars ts memos or opposed publ poy. Every ‘gcementof whic or comaraion Sunt ‘This problems used on the istration (b) oF Seton 224 of thetndan Contract Act 1872 Sith & Sons v Clinton, (1908) 6 TLR 44, Acontratedto inden B & Co, puishing imazaint the consequences ‘fanyibl whihrnght appear any ofthe pubstons B Co freed to pay damages fora tems pals by them ‘sic they knew to becouse frmsies Aon th bass f the agreement It hasbeen held thatthe agrocinent snot cnrceabe becas schagrecmentivordas causes iy tothe penonor propery of another and hence nk Inthe instant problems the agreement of indemnity between X an Snot valid ardnoteneatie X snot abe oer thelossuteed by Vhecause the agreement vost tas injury tothe pesonor propery ofanoiher and hence, unawauk Application Conchision Sens A producer ofa film borrowed sum of money froma finance “Gatton, ae agreed to deliver the final prints ofthe fim when, ready Dascuss whether there sa val pledge in this transaction by interpreting and applying the law relating to pledge Is there a pledge between producer and financier? No ‘Whether the delivery of possession is necessaryin pledge? Yes Whether the pledge i vad? No Section 172 ofthe Indian Contract Act, 1872: The bailment of soods as security for payment of a debt or performance of a ‘promise iscalled pledge’. According to this Section, a) there fut be bent of goods or movable properties, b there must {fe deliveryof goods rom one person to another The stan problem srelaed tothe delivery of possession in pledge’ Pledges specalkind of balment and the chief basis Df distinctions the object ofthe contract. Where the object of the delivery of goods io providea security for aloan or for the filflmestofan olga tht ke oftaimentisclled pide. Inbaiiment, the delvery of possession isessential ina pledge Revenue Authority v. Sudarsanam Pictures, AIR 1968 Mad 319, Subhash Ghat, a fim producer borrowed Rs 10,00,000 ‘rom Amitabh Bachchan, fnancier-dstrbutor, and agreed to Proatans “ Indira Gandhi. Raj Narain, AIR 1975 $C2299 ‘Whether judicial review isbasic feature ofthe Constitution? Yes Can the power of udicia review be taken away? No Art 329-A destroysthe base structure ofthe Constitution? Yes ‘Whether the Constaution 39th Amendment) Act siegal? Yes Article 329, 329, 39th Amendment Act, 1975 of the Constitution ofindia The constitutional vali of Articke 329A, The instant problem's related tothe constitutional validity of | Aiele 329 which ives protection tothe Prime Minster and Speaker once elected, they cannot be questioned by any Court ‘flaw nckading the Supreme Cour retrospectively. The vabity ‘oF 39th Amendment (1975) ofthe Constitution was m question. Indira Gandhi v: Raj Naran, AIR 197SSC2299, ts popularly known as Election Case In this ease Sm. indira Gandhi and. Mr Raj Narain contested as the candidates for the general lection to the Parkament in 1971. Si Indra Gandhy alleged io have been lected as Member ofthe Parliament by misusing hher powers sitting Prime Minister of India In the General the Parlanermary Elections of 1971 the appelant as declared asa suceessfulcandidate fromthe Rae Bareh Constituency in Uttar Pradesh. She wonthe election by amarginof 11.810 votes over her nearest ial Sri Rai Narain. Si Raj Narain, who was sponsored by the SamyuktaSociakst Party fled. an lection petition Under Section 80 read with Section 100 of the Representation of the People Act, 1951 to challenge the lection ofthe successful candidate The Government under the leadership of Sm. Indira Gandhi amended Arle 329 and sneertedanew Amicle 329A by the Constitution 39 amendment Act, 1975, which gives protection tothe Prime minister and ‘Speaker once elected they cannot be questioned by any Court (of lave inchading the Supreme Court retrospectively. This amendment caused yery great sensation. Mr_ Ra) Narain, ‘challenged the constitutional validity of Article 329A. twas Sesinictive of base siractue ofthe Constitution. The Supreme ‘Court declared judicial review, ree and fair elections, rule of law and rightto equality as hasie structure of the Constitution. Inthe instar problem, the Supreme Court declared Judicial Review, Free and Fair elections, Rule of law and Right t0 Equality as basic structure ofthe Constitutiona inn Law Seams LL.B DEGREE EXAMINATION-2015 CONSTITUTIONAL LAW: Time: 3 Hours Max. Marks: 100 PARTA (Short Answer Questions) Wet short notesonany SIX ofthe following. Each question caries 4 Marks (6 Questions x4 Marks = 24 Marks) Basie structure Page No: 220) Doctrine of pleasure Finance Commission Vijay Law Series Page No: 224 Viay Law Series Page No. 226 Vijay Law Series 1, Judicial accoueabity age No: 207 Question Papers 2. Parkamentary form of gverament.. Page No: 208 Question Papers 3. Separation of powers Page No: 210 Question Papers 4. Residuary powers. age No: 236 Vijay Law Senes 5) Pithand substance Page No: 234 Vilay Law Series 6 Taxand ee age No: 222 Vijay Law Series, 7 8 9. PART-B (Essay Type Questions) Answer any TWO Questions. Each question carries 18 Marks (2 Questions x 18 Marks = 36 Marks) 10. What isthe constitutional position in case of repugnaney between the Sate lw and Cental law’ Answer: Refer Unit No’ 3.1.9 ofVLS 1. Discuss the ambit of cooperative federalism under our Constitution Answer: Refer Unit No: I of Vay Law Series 2. Under the Indian Constitution the Unions empowered to redraw the map ‘of diaby creating new Sits, merging ld States Discuss the provisions Felting to Union and its tertory inthis regard. Answer: Ref Chapter No: 7 {Constitutional Law oflniaby JN Pandey ‘Though priamentary privileges are not mentioned as one of the grounds cofteasable restn:tonsin rile 192), the Courts in India have virtually ‘enetiat, Discuss Chap No: 26 of Consitutional Law oii, IN Pandey PART:C (Case Comment Type Questions) ‘Answer any TWO Questions. Each question caries 20 Marks (2 Questions x20 Matks = 40 Marks) [LLB Qeesn0 Fares wort Sous¥D Ponts 14. Rue Application Conelusion ‘A Presidential proclamation under Article 359 was sued and PPwas detamed under the Defense of nia Act He approsched ‘the High Court arguing thatthe Act and Roles are volte ofS Fundamental nights. The Advocate General argued that P was ‘not entitled for any rebefa the Presidential Onder ssved under Article 359 created bar. Decide ting relevant case la ‘Whether the detention ofPis vali? Yes ‘Whether the detene’s right to move ay Courts susperned? No ‘Whether the detention outside Article 359(1)? Yes Whether under Section 491 the bar wouldbe applicable? No Whether the pleais barred by the Presidential Order? No Whether the order ofthe High Courts vali? Yes Whether the petition filed by Pismaintainable? Yes Atieles14.21,22,32(1), 358, 359(1) ofthe Constitution Section 491 (1}(6) the Criminal Procedure Cade, 1973 ‘The instant problem is related 10 “the proclamation of emergency’, Presidents onder estnting enforcement of fundamental rights detention under Defence ofTndia AC, 196° and application for release under Section 491 Cr PC and its ‘maitaiabiy. ‘Makhuan Singh v. State of Punjab, AIR 1964SC 381, Makhan Singh and other were detained under the Defence of india Ac, 1962. Their petitions were dismissed by the High Court onthe ‘ground thatthe Presidential Order issued under Article 359° ‘reated a bar, which precladed them ftom moving the High ‘Court under Section 491 (1) ofthe Crmanal Procedure Code The Supreme Court observed that. inchallenging the vali of | the detention order the detenue's right to move any Cour isnot suspended, because its outside Arte 3$9(1)andeoasequently ‘outside the Presidential Order itsel challenged onthe grounds Which fall under Article 359(1) under the Presidential Order that thebar wouldeperate Inthe instant problem, the detention of Ps valid, Whether the delenue's ight o move any Court isnot suspended. The detentions outside Aree 359(1, Under Section 491, the bar ‘would not be applicable. The plea is not barred by the President Order. The order ofthe HighCourtis valid. Hence, the petition filed by Pismainainabe1s. Conchison Vir Law Ses scasdoniwed fomeorvice witout hoking departnental Zoey auborty xeresng be dace power under Heenan ctuimnotinda, Dect hcth the ee ai kycat Devoted. Give reasons ete Fae efticcoratuion srl ss rest dna om services va? Vex (ater dpareetl muy ese ie dames? No ‘Whether he fundamental rights ofX ar infinged? No Ark 112\@)erhe Contin oa aCe teas rod domes fom cervicn Teds ANeAeSTHGh othe Constantin Th cs ils tnt prs esr he lowing case Farpog Alm Mir, Sse of) Kand Others, 2008 (1) Fea ih orgs hetcondeyocer Dharomoo Shara of the Border Ses Foes we tiled amare) fd eee ihe ics unyininevaley canara pea heaping aed scone Fearon i ans of ntornaton ye on by hum st pase Sion wes pied up by heres dons Pode Tieeconena tend of Naa od Baton Theaprein himself pmo face ead ohpcomplee ihe fea a pcerezneroetcr of ples ors soli theebre eisai crt anderson domain omeriescetnct tonite ubiray lp Singh Sate of Puja ATR 1996SC 31, adceson feaiasd roe orke onsinnoa arts paar ioe Corsa Stae pote ree wa dome fom ere ‘thou balding engury He tepedy ha clos aks wa Crremst an fad been hens ery penn tne inp prin il thas euler eins a Noting these ficis and recording his satisfaction that the Shcumsancs ofthe case are sch that th ttre Frctabe ollcnninbeeanene wane wera a ‘Sait hin duetoarorejyothciie te SeP nee dsmsshenfomsenkerecong pncctany ees mnaelusreadeinanne in {nthe estan proble,he dsnislofX form serve a eprint erga ont pesesay Ree ng Recenter Rl dana [LLB Questo Parens nim Sons Proms ° 16. Issue Rue Application Conclusion “The Prime Minister offi wants to appoint a famous cenit who isnota Member ofParlament ge Cabmet Minster for Sovence and Technology Isit permis? Canine Minster apponsnon-MP as Cabinet Minster? Yes ‘Whether such appomtneats permis: Yes Whether such Cabinet Minsterontnis beyond 6 months? No Artie 7505) ofthe Constintion of nia ‘Aperson not beinga member of either House of Parliament anbeapponteda Minter apto spend of sc months ‘The msi problem stele appninentoF Minster who Snot amember of Palament™ General the Ministre ae ‘pportel miele However, Ate 736) ote Corsten Ina provides that person not being a member tether Hoof Parkament cant appomted a Minsterep toaperiodofsix montis SP Anand, indore: H.D. Deve Gowda and Others, (1996) 6 SCC 734, he appontment of Deve Gowda as Prine Miniser ‘vas challenged om the ground that he was nota Member of Parhamentat the ne of hs pointer Following the carer ‘ose the Supreme Cour rod the ange hed that 5 person who mot Member ofether House of Parkament ot of either House of State Legsstre, can be appointed a a ‘Minster inthe Cental Cabinet which would ince the Prime Minster ora Minster inthe State Cabinet ich would elude a Chet Miner, asthe case maybe. I hasbeen eld hat since our Constiuton clear pert nor Merber tobe appointed {8Chief Minister ora Prine Minster fora short uration of6 trent. (On a plain reading of Article 75(5) tis obvious that the Constitution makers destedto permit a person who was ota tember of either House of Parliament to be appomte 3 Minister fora prod ofsicconseeuve months anf during the Said period he was ot elected To ether House of Parlament, hhewoul eeaseto bea Minster Inthe stant problem, the Prime Minster of edinhas power {oappomt scientist who snot a Member ofParlament 3s Cabot Minster because Constittion leary pert non. Member to be ppomted as Che Minster ora Pee Minster rashor duran of 6 months‘Vay Lov Senay ee Bae ease Coase Tey tcascarpeg enon ptr Sein aat te Spake oft cst aschenget Dis” eam Setareusinothtadetinctib Course tetas aouestnen cota val No Ire 13,23, 309A ts Connon 3" Aedes cy, itech fn ane Peabaectentne posts Pty seseoysor cao TestsBeeeesce wsooruronc oft Construton Sesmache Reeirnt otiecictccsenlcc hse Seas tcteprroneeaermouie aes psig mic depttonctanck Seance te ‘Thejuridicton fda determination is taken away, andthe SP ee ticcrastncsotnas race Tester tensed nde Net Canin Sj Desicpepiryinorass deca Ira Nery Gach Raj Nau 1975 S229, hig Slaeprehipieoree accent Sun eo fe Rpencoorstestocariiue erie Scetoriche Putt Sot esa aioe Semeletede Merb cuanen tyne tones ssating Pine Maia oflada Tic oemrencor ae teri ofS ina Cad amend ee ok iencloncy AMLSBADyBeCamaton eee des Ot, wich gies poseione es we Spetoromseete ycaretbeaisoeny Coes ccc eyo seman cad ergcanstonieeen ts, Nicnctagali costtuanal ios Tomdeancttecencaeee eae re Te Sopeme Coun laced adesl Se ten oe ststons nico agate sqauoe Sac ae Intent prob thence paccby ic Pat is ot alld Ousing of rtainiee aan meres mn i Sn oa aii ocuaty ah rh ‘Time: 3 Hours ‘8 Quest Pareas are Sots Prmtans ” LL.B DEGREE EXAMINATION2016, CONSTITUTIONAL LAW. Max. Marks: 100 PART-A (Short Answer Questions) \Wte short notes onan SIX ofthe folowsing, Each question carries 4 Marks (6 Questions x4 Marks = 24 Marks) All India Services Unit No: 2.1.8 Vijay Law Series Impeachment of High Court jue... Page No: 207 Question Papers Harmonious interpretation of entries. Page No: 206 Question Papers Sarkaria Commission. Unit No: 23.6 Vin Law Series Cooperative federalism Page No: 205 Question Papers Confederation Unie No: 22.1 Vigy Law Sens Doctrine of colourable keistion Borrowingby States National Development Council, Unie No: 2.24 Vijy Law Series Page No: 205 Question Papers Page No: 208 Question Papers PART-B (Esay Type Questions) sry TWO Questions Fach question caries 18 Maths ‘Questions x 18 Marks = 36 Marks) Answer ‘While presidential frm of Government is more stable the parliamentary {orm of Government more respoasive Discs. “Answer Refer Chapter No: 3 of Constitutional La oflniaby JN Pandey CCitically examine the administrative relations between the Union and the States under our Constitution Refer Unit No: 5.2 of Vy Law Series Examine the rol of Supreme Court in setting Ine-state water disputes, Answer: Refer Chapter No 29 ofCorstutoral Law ofl by NPandey ‘Write aboutthe constitutional provision of parbamenary privileges, [Answer Refer Uni No: 7. of ig Law Series PARTEC (Case Comment Type Questions) ‘Answer any TWO Questions. Each question caries 20 Marks “2 Questions x20 Marks =40 Marks)