anand law classes

  Q.1. Write a short note on 'Essentials of a valid contract. or “All contracts are agreements but all agreements are not contracts." Comment on this statement. or  A invited B to a dinner at his house on Sunday. B hires a taxi and reaches A's house at the appointed time, but A failed to perform his promise. B felt insulted and filed a suit for recovery or the amount of Rs. 100 which he had spent on hiring taxi Decide. Or L, a civil servant, employed in India, went to England with his wife, M. she could not return with him and had to stay in England for some treatment. L promised to send her some money to meet her expenses and the cost of treatment. He did not send the money for some time and stopped it after some time. Differences arose and the amount fall into arrears. M sued her husband. Can she succeed? Give reasons .   Ans. Essentials of a Valid Contract Section 2(h) of the Indian Contract Act, 1872, defines the term "contract" as an agreement enforceable by

  Q.5.  What are the essential conditions of a valid marriage under the Hindu Marriage Act, 1955. Or Discuss the condition of Hindu marriage as laid down under Section 5 of the Hindu Marriage Act, 1955. Or Examine the conditions of a valid Hindu Marriage as provided under Section 5 of the Hindu Marriage Act, 1955.   Q. (b) ‘A’ , a Hindu, is going to get married to 'B', another Hindu, on 1 - 10 - 2007 . 'P files suit for a permanent injunction to restrain 'A' & 'B' from getting married on the married 'P' on 1-12-2006 in a temple according to the Hindu rites and she was his legally wedded wife, and he had no right to marry again. Ans. Conditions of Hindu Marriage .-- The essential conditions of a valid marriage are provided under Section 5.   1. Both persons must be Hindu - By incorporating Section 5 and by imposing certain conditions, the Hindu Marriage Act, 1955 put an end to Sastric Law of marriage and heralded the beginning of

  Q. 4. What do you understand by the term 'Prohibited Relationship'? What changes have been brought about by the Hindu Marriage Act, 1955 in a prohibited relationships? How does a prohibited relationship between the parties affect a marriage under the Act?   Ans. There are some relationships in Hindu marriage in which the marriage cannot be solemnized, such types of relationships are called degrees of prohibited relationship. The main purpose of this rule is to prevent incestuous marriage which is marriages between people of prohibited relationships such as brothers and sisters, children and grandchildren etc. The original Hindu texts provided for prohibiting a man marrying a - even of the same 'Gotra' i.e., an agnate or Parawar' on the theory at his father and girl's father were both descendants of a common ancestor the male line and all such marriages were held invalid until the Hindu marriage Disabilities Removal Act 1946, was passed and the disability

   Q. 3. What do you understand by the term 'Sapinda'? What changes have been brought about by the Hindu Marriage Act, 1955 in Sapinda relationship? How does Sapinda relationship between the parties affect a marriage under the Act? Or Define Sapinda relationship. Point out the changes brought about by the Hindu Marriage Act, 1955 with respect to the Sapinda relationship. What is the effect of Sapinda relationship on the validity of a Hindu marriage? Or What is Sapinda relationship? Does the Hindu Marriage Act, 1955 make any change in the previous law at this point? Mention. Discuss also the effect of Sapinda relationship upon marriage under the Act.   Ans. Old Hindu Law on 'Sapindaship' .- The word sapinda means of "the same pinda" or having a common 'pinda'. A pinda' means 'particles of body'. The word 'sapindaship' is used in two senses. In one sense it means connection by pinda, the funeral oblations, in other wor

   Q.2. Define the terms Full Blood, Half-Blood and Uterine Blood under Hindu Law?   Full blood According to Section 3(c) of the Hindu Marriage Act, 1955 "Two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife..." Half blood According to Section 3(c) of the Act, two persons are said to be related to each other by half-blood when they are descended from a "common ancestor but by different wives". Uterine blood According to Section 3(d) of the Act, "two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands" Ancestor includes the father, and ancestress includes the mother. These relationships may be best illustrated by an example of King Pandva Family Chart.                                   So from this historical family chart of King Pandva we can un

    Q. 1. Define the term Hindu and to whom does Hindu law apply? Can a Jain who adopts Islam and reconverts himself into a Sikh be governed by the Hindu Law? Or For purposes of the application of Hindu Law, what categories of no persons may be called Hindus? Discuss in this connection the modes of conversion to Hinduism? Or Who are ' Hindus’  for purposes of the application of Hindu Law?  Discuss.   Ans. The term 'Hindus' denotes all those persons who profess Hindu religion either by birth from Hindu parents or by conversion to Hindu faith. In Yagnapurus dasji v. Muldas [AIR 1966 SC 1119] the Supreme Court accepted the working formula evolved by Bal Gangadhar Tilak regarding Hindu religion that "acceptance of Vedas with reverence, recognition of the fact that the number of Gods to be worshipped at large, that indeed is the distinguishing feature of Hindu religion. According to the Hindu Marriage Act, 1955; Hindu Succession Act 1956, Hindu Adoption and