Define the term Transfer of property , what are the

Essentials of a valid Transfer of Property?

Transfer of Property means an act by which a living person can conveys property, in present or
in future, to one or more other living persons, or to himself, or to himself and one or more or
other living persons,  and to transfer property is to perform such act.
The object of the Transfer of Property Act is to define and amend law relating to Transfer of
Property by act of parties and not to transfer by operation of law. A Transfer of Property is a
contract hence all necessary requirements to constitute valid contract are to be fulfilled.
Essentials of valid transfer
There are 8 essentials of Transfer of Property , which are as follows -

A) Transfer must be between two or more living Persons (Section.5) -

      The Transfer must be inter vivos.  Therefore there cannot be a transfer to person not in existence at
the time of transfer. The living person including company or Association or body of individuals whether
incorporated or not .

B) The property must be transferable (Section. 6) -

Property of any kind of may be transferred, excepts as otherwise mentioned in S.6(a) to (I) cannot be
transferred. Therefore those properties described in the clauses (a) to(I) of Section.6 cannot be
transferred. These are  restrictions on the Transfer of Property and any transfer in contravention of any
of the clauses given in Section 6(a) to (I) is null and void.

C. The Transfer must not be - 

      1) opposed to the nature of interest affected thereby Section.6 (h) ;

      2) for unlawful object and consideration as per provision of Section 23 of the Indian Contract Act
1872, which provides a consideration or object is unlawful if -
               a) It is Forbidden by law, or
               b) It is of such a nature that it defeats the provision of any law, or

              c) is fraudulent,  or 

              d) it involves or implies injury to the person or property of another or

              e) the court regards it as immoral or opposed to public policy.

3) To a person legally disqualified to be a transferee. As per Section 136. of Transfer of Property Act, a
Judge, a legal practitioner are an office are connected with Court of Justice are disqualified from
purchasing in actionable claim. This prohibition is only with respect to actionable claim. It does not apply
to any other kind of property.
D) Persons competent to transfer (Section.7) -
Every person is competent to contract and entitle to transferable property, or authorised to dispose off
Transferable property not his own, is competent to transfer such a property either wholly or in part, 
and either absolutely or conditionally,  in the circumstances to the extent and in the manner,  allowed
and prescribed by any law for the time being in force.

Who is competent to transfer ? The transfer your must be -

1) Competent to contract -
      According to Section 11 of the Indian Contract Act,  every person is competent to contract who is the
age of majority. under section.3 of the Indian majority Act,1875 a person attains majority at the age of
18 years and if a Guardian is appointed, he would attend majority at the age of 21.

2) Sound mind -Under section 12 of the Indian Contract Act, a person is of sound mind of the purpose of
making contract if he is capable of understandings it and of forming a rational judgement as to its effect
upon his interest. A contract made by a person of unsound mind is void

3) Disqualified person -An insolvent and alien enemy are disqualified from contracting. A transfer by a
defacto Guardian of minors property is invalid and will be hit by section 11 of  Hindu minority and
guardianship Act, 1956.

4) Transferor must be entitled to transferable property - or authorised to dispose off Transferable

property not his own. One who is absolute owner of the property and property is free from
encumbrances is capable to transfer the same. An owner of the property May authorise  his power of
attorney holder to transfer the property for him and on his behalf.

The Transfer must be made in the mode prescribed by the Act, under section 9 . -

Section 9 of Transfer of property provides that for oral transfer, A Transfer of Property may be made
without writing in every case in which a writing is not expressly required by law. 

Writing is necessary in case of following instruments -

1) sale of immovable property of the value of  rupees hundred or upwards (S.54),

2) leases of immovable property from year to year for a term exceeding one year or reserving a yearly
rent (Section 107)

3) simple mortgage irrespective of amount secured (Section 59 ),

4) All other mortgages securing Rs100 or upwards (section 59)

5) Exchange ( section 108)

6) Gift of immovable property (section 123)

7) Transfer of actionable claim (section 130)

F) If on transfer an interest in created in favour of an Unborn person - under section 13 ,
a) limited interest to be created in favour of living person,

b) Unborn person shall be born before expiry of Limited interest,

c) Once the Unborn person is born, he shall be given absolute interest on attending the age of majority.

G) The Transfer must not be contrary to the rule against perpetuity (section 14) -

S.14 provides that vesting cannot be postpond beyond the life of living person or minority of unborn
person. Such transfer if made is void.

  H ) Conditional transfer -

If transfer is conditional, the condition must not be illegal, impossible, immoral or  opposed to public
policies

Relevant Case Law

1) Sadiq Ali Khan Vs. Jai kishore,1928.

Privy Council observed that a deed executed by a minor was nullity. Principle of estoppel cannot be
applied to a minor. A minor is not competent to transfer yet a transfer to a minor is valid .

2)  Amina Bibi vs Saiyid Yousuf 1922.All. 449.

A contract made by lunatic is void under section 11 of the Indian Contract Act, and so also, transfer by
him of his property is void.

3) K Kamama Vs. Appana

U/s. 11 of Hindu minority and guardianship Act, 1956 a defacto guardian is merely a manager and
cannot dispose off minor's property. In this case a defacto guardian sold property of a minor, the court
declared the sale invalid.
Kinds of Damages | Law of Contract
1) Introduction : 

                 Damages means compensation for the loss suffered by the aggrieved party in a breach of
contract. It is very important to note that the term damages is different from damage. There are five
kinds of damages. 
        

2) Difference between Damage and Damages : 

        Damages are not the plural form of damage,. The damage means legal loss or violation of legal
right, i.e. infringement of the legal right. And on the other hand, damages means it is a pecuniary, or
monetary compensation in terms of money.

That means-

Damage - legal loss or violation of legal right.

Damages - compensation, compensation in terms of money.

3) Kinds of Damages :

There are 5 kinds of damages are as follows -

        (a) Ordinary Damages -

             It is also known as General damages or substantial damages. Ordinary damages are damages
which actually arise in the usual course of things from the breach of a contract. Ordinary damages
depend "on the knowledge which the parties are presumed to possess". for example, in Hadley V.
Baxendale (1854),  the only circumstances communicated by the plaintiffs defendants at the time of the
contract were that the article to be carried was the broken shaft of a mill and that the plaintiffs were the
Millers of that mill. Since the defendants had only this knowledge plaintiffs we are entitled to recover
only the general damages from the breach of the contract.

        (b) Special Damages - 

                  Special damages are awarded to the plaintiff in special circumstances for sustaining loss as a
breach of the contract. Special damages may be successfully claimed only when they "may reasonably
be supposed to have been in the contemplation of both parties, at the time they made the contract, as
the probable result of The breach of it."                

        (c) Nominal Damages -

                 Where the injured party has not in fact suffered any loss by reason of the breach of a contract,
the damages recoverable by him are nominal viz. where is small, for example, a rupee or cent. These
damages merely acknowledge that the plaintiff has improved his case and won.

        (d) Exemplary Damages - 

                     Exemplary damages are also known as positive or vindicated or compensatory or retributive

damages. These Damages are allowed in case of breach of marriage or dishonor of a cheque by banker
wrongfully.

        (e) Liquidated Damages - 

                  
             If the amount of damages, in the event of the breach is determined by parties at the time of
entering into the contract, they are called "liquidated damages" for example non-payment, against
promissory note.
            Liquidated damages represent a sum, fixed or ascertained by the parties in the contract,  which is
a fair and genuine pre-estimate of the probable loss that might ensue as a result of the breach. A
penalty is a sum named in the contract at the time of its formation, which is disproportionate to the
damages likely to accrue as a result of the breach.  The courts in India allow only 'reasonable
compensation'.
LL. B. (I Sem.) Examination, Dec. 2015

LAW-III

Law of Torts Including Consumer Protection Law

(K-1003)

Time : Three Hours] [Maximum Marks :100

Note : Attempt questions from all Sections as per instructions.

Section-A

(Very Short Answer Questions)

Answer all the five questions. Each question carries 4 marks. Very short answer is required
not exceeding 75 words. 4×5=20

1. How is a Tort different from Breach of contract ?

2. Explain briefly ‘Actin personalis moriturcum persona.’

3.’Vicarious liability’ in Tort.

3. Explain the maxim ‘Volenti non fit injuria’.

4. Remoteness of Damage.

Section-B

(Short Answer Questions)

Answer any two questions out of the following three questions. Each question carries 10
marks. Short answer is required not exceeding 200 words. 10 x 2=20

6. Define, what is ‘Tort’. What are the legal remedies which are available in Tort ? Explain.

7. Define ‘Negligence’. What are the essential elements of the tort of negligence ? Explain with
the help of appropriate examples.

8. What do you mean by ‘contributory negligence’ ? Explain this principle with the help of
relevant cases.

Section-C
(Detailed Answer Questions)

Answer any three questions out of the following five questions. Each question carries 20
marks. Answer is required in detail. 20×3-60

9. What do you understand by nuisance ? Explain its elements. Describe the different kinds of
nuisance along with their remedies available.

10. What is meant by ‘Malicious Prosecution’? What are those elements which need to be proved
by the plaintiff an action for malicious prosecution ?

11. What is meant by trespass ? What are its various kinds ? What defences are available to a
defendent in a case of trespass ?

12. Explain the terms ‘Consumer’ and ‘Services’ as used in the Consumer Protection Act, 1986.
Are you in favour of enlarging the scope of these terms ?

13. Define Defamation. What are its main kinds ? Make a distinction between libel and slander
in detail. Also clarify the position of these kinds of defamation in Indian law.

LL.B. (1 Sem.) Examination, Dec. 2015

LAW-IV

I.P.C. (Law of Crimes)

(K-1004)

Time : Three Hours] [Maximum Marks : 100

Note : Attempt questions from all Sections as per instructions.

Section-A

(Very Short Answer Questions)

Attempt all the five questions of this Section. Each question carries 4 marks. Very short
answer is required not exceeding 75 words. 4×5-20

1. Define sedition. What is its punishment given in Indian Penel Code?

2. Differentiate in between riot and affray.

3. How can the gravious hurt be caused? Describe in brief.

4. Define criminal breach of trust. 4

5. Define abetment. How many ways it can be done?

Section- B

(Short Answer Questions)

This Section contains three questions, attempt any two questions. Each question carries 10
marks. Short answer is required not exceeding 200 words. 10×2=20

6. Ignorence of law is no excuse but mistake of fact may be a good defence. Discuss by giving
illustrations. 10

7. What are the offences against marriage? Distinguish between Section 493 and Section 497. 10

8. Discuss the ,law relating to constructive criminality. 10

Section-C

(Detailed Answer Questions)

This Section contains five questions, attempt any three questions. Each question carries 20
marks. Answer is required in detail. 20×3-60

9. Define the word ‘Crime’ and explain the different stages of crime. 20

10. When a person is said to abet the doing of a thing? Who is an abettor? Also explain the
criminal conspiracy. 20

11. What offence is committed in the following case? A with the intention of murdering Z
instigate B, a child under seven years of age, to do an act which causes Z’s death. B is
consequence of the abetment, does that act in absence of A and thereby causes Z’s death. What
offence has committed by A? Discuss with relevant law. 20

12. What offence is committed in the following case? `A’ shakes his fist at ‘Z’ intending or
knowing it to be likely that he may thereby cause ‘Z’ to believe that ‘A’ is about to strike ‘Z’. 20

13. Explain the terms ‘criminal misappropriation’ and ‘criminal breach of trust’ with
illustrations. Also distinguish between them. 20
LL. B. (I Sem.) Examination, Dec. 2015

LAW-V

CONTRACT-I General Principles of Contract

(K-1005)

Time : Three Hours] [Maximum Marks : 100

Note : Attempt questions from all Sections as per instructions.

Section-A

(Very Short Answer Questions)

Answer all the five questions. Each question carries 4 marks. Very short answer is required
not exceeding 75 words. 4×5=20

1. Competent parties.

2. Novation of contract.

3. Acceptance.

4. What is Public Policy

5. Wagering agreement.

Section-B

(Short Answer Questions)

Answer any two questions out of the following three questions. Each question carries 10
marks. Short answer is required not exceeding 200 words. 10 x 2=20

6. Discuss fully the contractual liability of a minor with reference to the leadings cases.

7. State the different kinds of mistake and explain their effects on contracts. 10

8. Define fraud and misrepresentation and distinguish them. Discuss their influence on the
validity of contract.

Section-C

(Descriptive Answer Questions)

Answer any three questions out of the following six questions. Each question carries 20
marks. Answer is required in detail. 20×3=60

9. Discuss in detail the essentials of a valid contract.

10. When is the communication of acceptance complete? Explain also the rules relating to the
formation of contract by telephone or by post. Refer to decided case laws. 20

11. Agreement without consideration is void. Discuss the exceptions to the rule. 20

12. What is meant by doctrine of frustration of contracts ? Discuss with the help of decided
cases.

13. Explain the scope and purpose of Indian Contract Act, 1872.

Or

What is meant by voidable contract, void agreement and void contract ?

14. State the principles according to which damages for breach of contract are assessed.
 LL. B. (I Sem.) Examination, Dec. 2015

LAW-II Constitutional Law of India (Nature of the Constitutions & Fundamental Rights)

(K-1002)

Time : Three Hours] [Maximum Marks 100

Note Attempt questions from all Sections as per instructions.

Section-A

(Very Short Answer Questions)

Answer all the five questions. Each question carries 4 marks. Very short answer is required
not exceeding 75 words. 4×5=20

1. What is need of constitutional law

2. Explain the term “equal protection of law”.

3. Who are socially and educationally Backward Classes ?

4. Explain the provisions of Article 15(5) of the Constitution.

5. How many freedoms have been provided by Article 19(1) ? 19(1) t ’14)

Section-B

(Short Answer Questions)

Answer any two questions out of the following three questions. Each question carries 10
marks. Short answer is required not exceeding 200 words. 10×2=20

6. What do you think is the form/nature of our constitution—federal, unitary or quasi-federal ?

Critically examine the statement.

7. Explain and elucidate the meaning of the “Right to personal liberty”. Analyse critically the
guidelines prescribed by the Supreme Court in this context.

8. Write a note on fundamental duties.

Section-C

(Detailed Answer Questions)

Answer any three questions out of the following five questions. Each question carries 20
marks. Answer is required in detail. 20×3=60

9. How does the Indian Constitution afford protection to the cultural and educational interest and
rights of minorities ?

10. Article 13 makes the Judiciary, and especially the Apex court, as a guardian,. protector and
the interpreter of the fundamental rights. Discuss.

11. What is the concept of fundamental rights ? Who can claim fundamental rights ?Against
whom fundamental rights are available ? Explain.

12. “Directive principles are superior to fundamental rights.” Discuss in the light of emerging
trend of Judiciary on the relationship between them .

13. “Equality is a dynamic concept with many aspects and dimensions and it can not be
imprisoned within traditional limits.” Discuss with the help of judicial pronouncements.

LL. B. (I Sem.) Examination, Dec. 2015

LAW—I

Jurisprudence – 1

(K-1001)

Time : Three Hours] [Maximum Marks : 100

Note : This paper is divided into three Sections—A, B and C. Section-A contains Descriptive
Answer Questions, Section-B contains Short Answer Questions and Section-C contains Very
Short Answer Questions. Attempt all the Sections as per instructions.

Section-A

(Descriptive Answer Questions)

This Section contains five questions, attempt any three questions. Each question carries 20
marks. Answer must be descriptive. 20×3-60

1.”Jurisprudence is the philosophy of Positive Law.” -(Austin) Discuss. 20

2. Discuss the Salmond’s definition of law and examine how far it is applicable to Indian legal
system. 20

3. What is Pound’s theory of social engineering? Discuss fully. 20

4. “The prophesies of what the Courts will do in fact and nothing more pretentions are what I
mean by law.” —(Homes) Comment. 20

5. What is ‘Natural Law’? Examine historically. 20

Section -B

(Short Answer Questions)

This Section contains three questions, attempt any two questions. Each question carries 10
marks. Short answer is required. 10×2=20

6. Write short note on Duguit’s doctrine of `social solidarity’. 10

7. Explain the `Volksgeist Theory’ of law. 10

8. What is the difference between Austin and Kelson as jurist? 10

Section-C

(Very Short Answer Questions)

This Section contains five questions, all questions are compulsory. There is no internal
choice. Each question carries 4 marks. Very short answer is required. 4X5=20

9. Define `Grund Norm’ given by Kelson. 4

10. Write a very brief contribution of Savigny to Jurisprudence. 4

11. Write a very short note on Duguit’s contribution to Jurisprudence. 4

12. What was the Stammler’s theory of Natural law?

13. What was the Marx’s approach to law? Write in brief. 4