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A', on 9<sup>th</sup> January, 2015 agrees to sell his immovable property to 'R' and out of the total sale consideration of Rs. 3,00,000/- receives a sum of Rs. 1,00,000/- from 'B' as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of 'B' on receipt of balance sale 'consideration' on or before 9<sup>th</sup> July, 2015. 'A' fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to 'B'. 'B' after waiting patiently till 31<sup>st</sup> January, 2016, on 1<sup>st</sup> February, 2016 got issued a legal notice to 'A' to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. 'A' vide his reply received by 'B' on 17<sup>th</sup> February, 2016 denies the agreement. The limitation of three years available to 'B' for instituting a suit for specific performance is:
A
With effect from 9<sup>th</sup> January, 2015
B
With effect from 9<sup>th</sup> July, 2015
C
With effect from 17<sup>th</sup> February, 2016
D
With effect from 1<sup>st</sup> February, 2016
Correct Answer:
With effect from 9<sup>th</sup> July, 2015
X' executed a sale deed in favour of 'Y' on 1
st
January, 2002. Subsequently on 10
th
January, 2002, 'X' executed a sale deed in respect of the same property in favour of 'Z'. Thereafter the sale deed in favour of 'Z' executed on 10
th
January, 2002 was registered on 20
th
January, 2002. Whereas the sale deed in favour of 'Y' was registered on 30
th
January, 2002.
In the said case, by virtue of section 47
A
The sale deed executed in favour of 'Y' on 1<sup>st</sup> January, 2002 & registered on 30<sup>th</sup> January, 2002 shall have precedence & confer title on 'Y'
B
The sale deed executed in favour of 'Z' on 10<sup>th</sup> January, 2002 & registered on 20<sup>th</sup> January, 2002 shall have precedence & confer title on 'Z'
C
Both the sale deeds shall be void
D
The sale deeds in favour of 'Y' & 'Z' shall remain valid to the extent of 50% of the property
X' a Muslim executes a deed of gift on 1
st
January, 2002 of his property to 'Y', but delivery of possession is not given. Later, on 10
th
January, 2002 executed another gift deed in favour of 'Z' which was accompanied by delivery of possession to 'Z'. The gift deeds in favour of 'Y' & 'Z' were registered on 30
th
January, 2002 & 20
th
January, 2002 respectively.
In these facts,
A
The gift deed executed in favour of 'Y' on 1<sup>st</sup> January, 2002 & registered on 30<sup>th</sup> January, 2002 shall have precedence even if possession was not delivered to 'Y' & gift was not complete
B
The gift deed executed in favour of 'Z' on 10<sup>th</sup> January, 2002 & registered on 20<sup>th</sup> January, 2002 shall have precedence as possession was delivered to 'Z' as the gift was complete under Muslim law
C
Both the gift deeds shall be void
D
None of the above
A' and 'B' orally agree to sell an estate. 'A' dishonestly induces 'B' to make advance payment of Rs. 5 lacs and make final payment at the execution of conveyance 'B' pays advance amount. Later on, at the request of 'B' to execute the conveyance, 'A' denies the- agreement as well as the receipt of any amount. What offence has been committed by 'A'?
A
Offence under Section 403, Indian Penal Code
B
Offence under Section 406, Indian Penal Code
C
Offence under Section 420, Indian Penal Code
D
Offence under Section 420 & 465, Indian Penal Code
Raw material purchased:
1
st
January, 600 units @ Rs. 12 per unit
12
th
January, 500 units @ Rs. 14 per unit
21
st
January, 300 units @ Rs. 13 per unit
Raw material issued for manufacture:
3
rd
January 300 units
5
th
January 124 units
15
th
January 250 units
16
th
January 300 units
Raw material returned to stores from manufacturing department on 14
th
January, 50 units. The material is issued on First-in-First out method.
The value of material remaining in store on 21
st
January will be:
A
5,775
B
6,100
C
6,350
D
6,600
Raman remembers that his marriage is before 20th July and after 13th July. His mother remembers that Ramans marriage is after 16th July. His father remembers that Ramans marriage is before 19th July. On which date of July is Ramans marriage?
A
15 or 16
B
17 or 18
C
15 or 16 or 17
D
14 or 15 or 16
X' on 1
st
July, 2018 agrees to sell his house to 'Y' for a price of Rs. 1 crore, if the entire price is paid on or before 31
st
July, 2018 and for the price of Rs. 1,25,00,000/- after 31
st
July, 2018 but before 30
th
September, 2018. It was further agreed that if the entire price is not paid by 30
th
September, 2018, 'Y' shall not be entitled to purchase the house and the earnest money paid by 'Y' to 'X' shall stand forfeited. Such an agreement:
A
Is void for uncertainty
B
Is void because the meaning of it is not certain on account of being by way of wager
C
Is enforceable in law
D
None of the above
Burman remembers that the cricket match is after 19th July but before 22nd July, while Sumit remembers that the cricket match is before 25th July but after 20th July. On which date of July is the cricket match?
A
20 \
B
21 \
C
22 \
D
19
A' entered into an agreement with 'B' to sell immovable property of the former for consideration and 'B' was put in possession of the property. Both parties had signed the agreement. The agreement had not been registered under the Indian Registration Act. In a suit between the parties, 'B' claimed the benefit of Section 53A of the Transfer of Property Act. Whether his claim is maintainable?
A
Yes, it is maintainable
B
No, it is not maintainable since the agreement was not registered
C
No, since the sale deed was not executed
D
None of the above
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
A, writes a letter to B offering to sell his car at Rs. 2 lac and states that if he does not receive a reply within 15 days of the receipt of the letter by B, the offer shall be deemed to have been accepted. B does not send a reply even after 15 days of the receipt of the letter by B. Has the offer been validly accepted?
A
No
B
Yes
C
It is uncertain
D
Depends on the circumstances