Divine Institute for Judicial services


Mains Test Series
Indian Contract Act, 1872

Maximum Marks - 200
Time - 3 Hrs

  • What do you understand by standard form contract? Discuss the various modes of protection evolved against the possibility of exploitation inherent in such contract.     [10 marks]
  • Mr. P. contracted with Mr. D in January, 2019 to sell certain gold ornaments at the prevalent market price at the time of contract and the ornaments were to be delivered and paid for by March 31, 2019. The gold ornaments were lendered on the prescribed date of which Mr. D declined to take delivery or to pay. The said transaction would have realized for 5 lakh rupees less than their market price under the contract. But Mr. P. sold the ornaments after August 31, 2019 when the market was again rising and he realized only ₹ 3 lake less than their price under the contract Mr. P. sued Mr. D for the damages. Mr. D. Contended that he should be held liable to pay the loss of ₹ 3 lakh only and not ₹ 5 lakhs. Decide.      [10 marks]
  • X found a ring. He made a reasonable search for the owner but did not find him. Adding a polish, making it look like new, he sold it in the open market to Y who in his turn sold it to Z who happened to be the true owner of it. Can Z, the true owner, recover the price of the ring? If so, from whom?      [10 marks]
  • 'It is contended that in addition to the phenomena of agreement and presence of consideration a third contractual element is required.' What is the third contractual element. Discuss it with reference to (a) Domestic arrangements and (b) Commercial Agreements. Refer to case law     [10 marks]
  • A man by the name of Nishant called a jeweller's shop and chose a costly ring. He tendered payment through cheque which he signed in the name of a person of credit. He took the ring and pledged it to Rahul who had no notice of the fraud. Can the jeweller recover the ring from Rahul?      [10 marks]
  • Comment on "Restitution stopped where repayment began".      [10 marks]
  • 'A' Contracts to pay ₹ 10,000 to 'B' if B's house is burnt. House of 'B' is burnt. Can B recover ₹ 10,000 from A? Is it a wagering agreement?      [10 marks]
  • The sanctity of a contract is the foundation of the law of contract and the doctrine of impossibility cannot be permitted to become a device for destroying this sanctity. Explain this statement.      [ 10 marks]

  • Specific Relief Act, 1963

  • For what reasons the amendment of 2018 was carried out? And how it has affected chapter 2 of the Act of 1963? Whether the amendment is prospective or retrospective in nature?      [10 marks]
  • What all type of contracts cannot be specifically enforced? Give illustrations      [10 marks]
  • Whether the contract to refer the dispute to arbitrator can be specifically enforced? Discuss it in respect to amendment of 2018.      [10 marks]
  • What is adverse possession? If adverse possessor is dispossessed without due course of laws & without his consent, what all remedies he has?      [10 marks]
  • A trust is created for the benefit of 'B'. In that trust C and D were made the trustee & the property was handed over to them with the restrictions that the property can only be alienated if 'B' will give assent in respect to it. 'Z' who was ignorant of this restriction, purchases the trust property from 'C' and 'D' without consent of 'B'. Z files a suit for specific performance of contract against C and D. Discuss validity of suit.      [10 marks]
  • What is the object of section 6? A, a landlord gives his property to B with a condition that if there will be any material alteration in the property, then in such case, leave will come to an end & he will have the right to enter into property & take possession B makes the unauthorized alteration on the basis of which A takes forceful possession of property. Whether B can file suit under section 6 of SRA?      [10 marks]
  • A and B enter into an agreement on the basis of which A sells his car to B. On 6/12, A discovers that there was fraud played by B on him. He gives a public notice to rescind the contract in newspaper on 10/12 & gives a personal notice to res and to B on 15/12. B sells the property to C who was acting in good faith & w/o notice of it on 12/12. Weather in this case A can fill a suit against C of the recovery of car u/s 7 of SRA as being the owner of car.     [10 marks]
  • Partnership Act

  • (a) Whether the Indian Partnership Act, 1932 is exhaustive in nature or not? Support your answers with relevant provisions.      [05 marks]
    (ii)(b) Whether section 8 of the Indian Partnership Act, 1932 is an exception to section 4 ?      [05 marks]
  • Discuss the mutual duties, right and liabilities of the partners inter se?      [15 marks]
  • Elaborate the scope of implied authority under the Transfer of Property Act, 1932, Whether it can be extended or restricted?      [10 marks]
  • Amit and Mohit are partners running a restaurant. The partnership agreement does not contain any clause as to its duration. It also does not contain any clause spelling out the conditions on which the partnership may be determined. Amit institutes a suit on 15.01.2023 for dissolving the partnership firm. Mohit objects to the suit saying that Amit has not given any notice to him in relation to his intention of dissolving the firm. The contention of Amit is that the institution of the suit is sufficient notice. Decide the matter as to the date on which the firm would be dissolved and also comment on whether the court has the power to set any date other than 15.01.2023 as the date on which the firm would be dissolved?      [10 marks]
  • Nitin and Rahul were carrying on business of supplying sugar in partnership under the name and style of 'sunrise'. The partnership was dissolved but Nitin continued to carry on business under the same name. Nitin used an old letterhead of firm bearing names of both partners and placed an orders for the purchase of sugar to company 'Alpha'. Nitin did not pay the price of sugar to Alpha. Alpha initiated legal proceedings against Rahul for recovery of price of sugar. Decide.      [05 marks]