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Topics of Law Test 25

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Topics of Law Test 25
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  • Question 1
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    DIRECTIONS: (Qs. 92-97)Given below/ a statement of principle followed by a failual situation. Apply the principle to the faile given below and dselect the most appropriate answer
    Principle Under the Transfer of Property Act, 1882 a property must be transferred , by one living person to another living person. The Act deals only with transfer of property between living persons.
    Facts 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.
    Solution
    • One of the basic features of the Transfer of Property Act, 1882 is that it governs transfer of property inter vivos or between living persons only. It does not apply to acquisition of title through inheritance and succession.  It is also inapplicable to dedication of property to God or where the transfer is subject to the relevant religious and Charitable Endowment Acts.
    • As per section 5 of the act, 'transfer of property' means an act by which a living person conveys property in present or in future, to one or more other living person, or to himself, and one or more other living persons.
    • In the present case, X wants to transfer his property to a temple deity which is not a living person and hence, the transfer cannot take place and will be invalid in nature.
  • Question 2
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    Law of Contract deals with __________________.
  • Question 3
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    When a person aids the commission of an offence, he is called a __________.
  • Question 4
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    Which of the following marriages is approved by Islamic law Between a Muslim ?
    Solution
    Under Muslim Sharia Law, the Muslim women can only marry Muslim men whereas a Sunni male can marry a Muslim female (Of any sect) or a Kitabia i.e. a woman who believes in a revealed religion possessing a Divine Book viz Islam, Christianity and Judaism and is valid under the Sunni Law but he cannot marry an idolatress or a fire-worshiper. A marriage, however with a idolatress or a fire worshiper is merely irregular in Sunni Law, but void in Shia Law. A Muslim woman cannot marry any man who is not a Muslim, whether he is Kitabia or not . 
  • Question 5
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    DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle: An interest which is created on a transfer of property and depends upon the fulfillment of a condition will fail if the fulfillment of the condition is impossible or is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies injury to the person or property of another or the court regards it as immoral or opposed to public policy.
    Facts: A gives Rs. 10,00,000/- to B on condition that B shall marry A's daughter C. On the date on which A gave Rs. 10,00,000/- to B, C was dead.
    Solution
    • As per section 36 of the Indian Contract Act, 1872, Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made.
    • In the present case, A made an agreement with B on condition that he marries C which makes it a contingent agreement. Later, when C died, the condition of the agreement becomes impossible to perform and hence the agreement is void and B's interest in Rs. 10,00,000/- will fail.

  • Question 6
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    This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.
    (Questions 66-69):
    Rules:
    A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
    B. If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
    Facts:
    Khaleeda wants to sell a plot of land she owns in Begbmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for sixty lakh rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
    Amongst the following options, the most relevant consideration while deciding a case on the basis of the above two principles would be _______________.
    Solution
    • It is a principle as per section 3 of Transfer of Property Act, 1881, that all fixtures on the land is also deemed to have been sold with the land and If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'. Also, transfer of property does not define movable property. In General Clauses Act, it is defined as “Property of every description except immovable property”. 
    • In the present case, the question is that whether the carpet can be considered as fixture by Gurpreet and hence is bought and to determine whether it was attached to the earth as a fixture, whether the moveable thing was merely placed on  the land or building or was it attached to building.
  • Question 7
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    The EJA is abbreviated form of ____________________.
    Solution
    Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. The term is usually used when applied to actual projects by individuals or companies. The purpose of the assessment is to ensure that decision makers consider the environmental impacts when deciding whether or not to proceed with a project.
  • Question 8
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    DIRECTIONS (71-80): This section consists of fifty(50)questions. Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts These principles have to be applied to the given facts to arrive at the most reasonable conclusion Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle: If a person transfers movable or immovable property with its full ownership and without any consideration to some other person, then it is called a gift.
    Facts: S, who has no child of his own, makes a gift of his house worth Rs. 25 lacsto his nephewR. After completing all the legal formalities required fora valid gift, S says to R that in case of need R will provide that house to S for use without any questions. R does not react to it. After one year of this S really needs that house and request R to make the house available to him, but R refuses to do so.
    Solution
    • "Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.
    • According to the principle given, when a person transfers property with its full ownership and without any consideration to some other person, then it is called a gift In this case R can refuse, because he is the full owner of the house which he received as a gift from S after completing all the legal formalities.

  • Question 9
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    _______ is a wrongful act or infringement of right.
  • Question 10
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    P offers to sell his car to Q for Rs. 50,000/- Q agrees to buy the car offering Rs.45,000/- the reply of Q amounts to ________.
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