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IGCL-Dec. 2005

INTERMEDIATE EXAMINATION

DECEMBER 2005

GENERAL AND COMMERCIAL LAWS

Time allowed : 3 hours Maximum marks : 100

Note: Answer SIX questions including Question No.1 which is COMPULSORY.

Question 1

(a) "None of the fundamental rights to freedom is absolute." Comment and explain the reasonable restrictions which can be imposed on the freedom of speech and expression. (8 marks)

(b) On what grounds and against whom can the writ of certiorari be issued?

(6 marks)

(c) Discuss in brief the rule of colourable legislation. (6 marks)

Question 2

(a) Explain the golden rule of interpretation of statutes. (5 marks)

(b) When does the payment of interest or part-payment of principal amount by the debtor extend the period of limitation? Discuss. (5 marks)

(c) Discuss the law embodied in the doctrine of feeding the grant by estoppel under the Transfer of Property Act, 1882. (6 marks)

Question 3

(a) State the contracts which can be specifically enforced under the Specific Relief Act, 1963. (5 marks)

(b) How and when a trust can be revoked and extinguished? (5 marks)

(c) Write short notes on the following.

(i) Doctrine of sufficient cause

(ii) Actionable claims. (3 marks each)

Question 4

(a) Discuss the essential ingredients of an arbitral award. On what grounds may an award be challenged before the court under the provisions of the Arbitration and Conciliation Act, 1996? (8 marks)

(b) Differentiate between the following in the context of the Code of Civil Procedure, 1908:

(i) 'Set off', 'counter claim' and 'equitable set off'.

(ii) 'Reference', 'review' and 'revision'. (4 marks each)

Question 5

(a) Discuss in brief the procedure for formation and registration of a society under the Societies Registration Act, 1860. (5 marks)

(b) Briefly explain the law relating to the place for registering documents pertaining to land and other documents. (5 marks)

(c) Explain the following terms under the Information Technology Act, 2000:

(i) Digital signatures.

(ii) Originator.

(iii) Asymmetric crypto system. (2 marks each)

Question 6

(a) Ashok contracts to buy Bhushan's business at the amount to be determined by two valuers, one to be named by Ashok and the other by Bhushan. Both Ashok and Bhushan name their respective valuers. Before the valuation is made, Ashok instructs his valuer not to proceed. Can Bhushan specifically enforce this contract? (5 marks)

(b) Arjun executed a power of attorney both in his personal capacity and in his capacity as an executor, trustee, manager and liquidator in favour of Bheem. Decide the liability of duty payable on the instrument. (5 marks)

(c) Ajay, a trustee. of a plot of land worth Rs. 1 lakh, though not authorised by the deed of trust to sell the trust property, sells it for Rs. 2 lakh with the intention to invest the money in a more profitable manner. Whether the sale by the trustee is valid? Give reasons. (6 marks)

Question 7

(a) Sohan is tried summarily by the metropolitan magistrate on the charge of committing theft and is sentenced to undergo imprisonment for a period of four months. Can Sohan challenge the decision? If so, on what grounds?

(5 marks)

(b) On the occasion of birthday of Rajat, his father Govind gives a plot of land to him for life and after his death to his wife Sujata for life. He stipulates that after the death of both Rajat and Sujata, their eldest unborn son will get the property for life. After the death of eldest son, the land will be enjoyed by their younger son absolutely. Decide the validity of the transfer. (5 marks)

(c) Under what circumstances the opinion of the third person becomes relevant under the Indian Evidence Act, 1872? (6 marks)

Question 8

(a) Rajan, a member of the society registered under the Societies Registration Act, 1860, is in arrears of subscription for the last six months which he is bound to pay according to the rules. He wants to attend the special meeting of the society and to vote for a resolution to be put therein. Advise Rajan.

(5 marks)

(b) Amar and Bimal are jointly tried for the murder of Roshan. It is proved that Amar said, " Bimal and I murdered Roshan". Can the 'court consider the effect of this confession as against Bimal? Give reasons. (5 marks)

(c) Anubhav owes Rs. 10,000 to the partnership firm of Bose and Chander. Bose dies leaving Chander surviving. Anubhav sues Chander for a debt of Rs. 15,000 due in his individual capacity. Can Chander set off the debt of Rs. 10,000? (6 marks)