CLAT 2013

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 ₹ 10, 00,000 to B on condition that B shall marry A's daughter C. On the date on which A gave ₹ 10, 00,000 to B, C was dead.

PRINCIPLE: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfillment of such a condition after the happening of the event is no fulfillment of condition.

FACTS: A transfers ₹ 5,000 to B on condition that he shall marry with the consent of C, D and E As C, D and E had to go abroad for some business purposes and as the date of marriage was already fixed, therefore, B marries without the consent of C, D and E, but obtains their consent after the marriage when C, D and E return to their country.

PRINCIPLE: In an agreement, a condition subsequent must be complied with to claim the benefit of that agreement.

FACTS: A agrees to transfer a farm to B, provided that, if B does not go to England within three years after the date of the agreement, his interest in the farm shall cease. B does' not go to England within the term prescribed.

PRINCIPLE: Existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.

FACTS: A, a permanent resident in a foreign country who never visited India, is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and prisons are broken open.

PRINCIPLE: Whoever desires any court to give judgment about any legal right or liability which depends on the existence of those facts which he asserts; must prove that these facts exist.

FACTS: A asserts that B, C and D have committed an offence of criminal conspiracy and therefore A desires a Court to give judgment that B, C and D shall be punished for that crime which A says B, C and D have committed.

PRINCIPLE: The fact that any person was born during the continuance of a valid marriage between his mother and any man or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

FACTS: X and Y married on January 15, 1995. Y, the wife of X, never left her parental home and never went to her husband's home. A boy was born to Y on July 15, 1995. For the Court

PRINCIPLE: An unlawful interference with a person's use or enjoyment of land, or some right over, or in connection with it, is a nuisance in law of tort.

FACTS: During the scarcity of onions, long queues were made outside the defendant's shop who having a license to sell fruits and vegetables used to sell only 1 Kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighbouring shops. The neighbouring shopkeepers filed a suit for nuisance against the defendant. Which one of the following decisions will be correct in this suit?

PRINCIPLE: Every agreement in restraint of the marriage of any person, other than a minor, is void.

FACTS: Qadir Khan died in a road accident. Two co-widows, Sultana and Marjina enter into an agreement that if any of them will re-marry, would forfeit her right to her share in the deceased husband's property.

PRINCIPLE: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.

FACTS: Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?

PRINCIPLE: Only the Parliament or the State Legislatures have the authority to enact laws on their own. No law made by State can take away a person's fundamental right.

FACTS: Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. The group of lawyers filed a writ petition against the Parliament for enacting such law and requests the Court to quash the law and to direct the Parliament to make a new law.