Thursday, January 26, 2012

EQUITY (Paper-II) by Zulfiqar Ali Chandio

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Equity (Paper: II)

Note: Attempt Five questions in all selecting two from Part I and one each from Part-II and Part-III. Q No.1 is compulsory. All questions carry equal marks.

Q# 1: write a short noteS:

1)                 What is specific Relief? (A03-S05)

2)                 What is preventive relief? (A04)

3)                 What are the kinds of Relief? (A04)

4)                 Temporary and perpetual injunctions (S03-S05-A06-A07)

5)                 What is prohibitory injunction? (A04)

6)                 What is mandatory injunction? (S04)

7)                 What is part performance? (S04)

8)                 Who may obtain specific performance of contract? (S04)

9)                 Perpetual injunction when refused(A05-A08)

10)             Rescission of contract (A05)

11)             Contract which could not be specifically enforced. (S04-A06-A07-)

12)             For whom, contracts cannot be specifically enforced. (A08)

13)             Vender with imperfect title (S07)

14)             Definition of Equity (A03)

15)             Does equity always follow the law? (A04)

16)             Define the following Maxim “Delay defeat equity” (A04)

17)             Define the Maxim Ubi Jus Ibi remedium. (S04)

18)             Do the Maxims of Equity applicable in Pakistan? (S04-A05)

19)             Are the Pakistani courts equity courts (S04)

20)             Equality is Equity (A05)

21)             Equity (A07)

22)             Equity acts in persomam (S07)

23)             Rectification of Instrument (A03-A06)

24)             Essential of Trust (A03-S03)

25)             Receiver (S03-A06)

26)             Obligation (S03-S07)

27)             What is set off? (A04)

28)             Define expressed trust (A04)

29)             When a minor is competent to become a trustee OR contract by minor (A04-A06-A06)

30)             Explain the term cypress? (A04)

31)             Who can become a trustee? (S04-A08)

32)             Can a trustee delegate his authority? (S04)

33)             Can a private trust be converted in public trust? (S04)

34)             Implied trust (A05)

35)             Rights of trustee  (A05)

36)             Trust and Bailment (S05)

37)             Who may be a trustee? (S05)

38)             Public trust. (A06)

39)             Vendor with imperfect title (A06)

40)             Purchaser. (A06)

41)             Election (A07)

42)             Trust (A07)

43)             Defenses (A07)

44)             Rights of beneficiary (A07)

45)             Public Trust (S07)

46)             Cancellation of instruments (S07)

47)             Valid Trust (S07)

48)             Difference between trust and agency (A08)


Q#1:  What is specific Relief, what are modes of granting specific Relief under specific Relief Act? (S03-S04-A06)

Q#2:  Discuss in detail the preventive relief given under specific relief act. (A08)

Q#3:  Against whom a suit for specific performance of a contract cannot be instituted. Discuss in detail? (S05)

Q#4:  Explain the various Kinds of parties for whom contracts may be specifically enforce. Discuss also upon the parties for whom contracts cannot be specifically enforced? (S04-S05-A06)

Q#5:  Describe who may obtain specific performance and who cannot be given relief? (S04)

Q#6:  Give exceptions to the general rule that courts will not order specific performance of part of a contract. (A06)

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Q#7:  Enumerate the exceptions to general rule that the courts will not order specific performance a contract                                    partially is the jurisdiction to decree specific performance of discretionary. (A05)

Q#8:  What are the contracts which are cannot be specifically enforced? (A03-A04-A07-S07)

Q#9:  How and under what circumstances a court cancels a document (S05)

Q#10: A person’s suit for the specific performance of a Contract is dismissed by the court. Can he bring fresh suit for compensation? Support your answer with reasons. (A07-S07)

Q#11: Explain the jurisdiction relating to specific Relief is discretionary? (S03-A04)

Q# 12:         What do you understand by declaratory suit, Discuss? (A03)

Q#13:          Write the principles laid down about recovery of moveable property? (S03-A08)

Q#14:          Discuss the purchaser’s rights against vender with imperfect title? (A04-A08)

Q#15: What is an injunction? (S07)

Q#16: Define and differentiate perpetual and temporary injunctions? (A03)

Q#17: What are temporary and perpetual injunctions under what circumstances such, Injunctions are refused?


Q#18: Who is receiver? What are his rights and duties? (A07)


Q#1:  What are the essentials of a valid trust? (A03-A08)

Q#2:  What are the ingredients of a valid Trust? (S07)

Q#3:  How is a trust created, what do you understand by the lawful purposes of a trust? (S05)

Q#4:  What are the rights and powers of a trustee? (S05)

Q#5:  Define and explain the duties and liabilities of a trustee? (S03-A04)

Q#6:  Explain the nature of the rights of trustees and beneficiaries in the trust property? (S04)

Q#7:  Under what conditions a trustee discharged from his duties? (A03-A06)

Q#8:  What are the rights and liabilities of a beneficiary? (A05)

Q#9:  What do you understand by the term secret and semi secret trust distinguishes? (S03)

Q#10: What are the three certainties of a trust, discuss in detail. (A04-A08)

Q#11: How is the office of a trustee vacated Describe the limitations on a trustee according to trust act? (S04)

Q#12: What is charitable trust? It is different from private trust. How can a trust be revoked? (A05)

Q#13: a) What is difference between duty and obligation of trustee? (A06)

b)  Write down the main duties of a trustee.

Q#14: What does the doctrine of Cypres means, give examples and also describe to what kinds of Trust the doctrine of Cypres applies? (A07)

Q#15: How is a Trust extinguished? (A07)

Q#16: How and when a trust could be ended, give reasons. (S07)

Q#17: What are the three certainties of a trust? Discuss in details (A08)


Q#1:  Give a brief description of Maxim of equity also explains Maxim Equity will not suffer a wrong to be without a remedy? (A03)

Q#2:  Equity Imputes an intention to fulfill an obligation explain this Maxim with illustration? (A03-S05-A06-S07)

Q#3:  Define and explain “equity” briefly discuss on its origin and justification in Pakistan? (S03-S04-A05-S05-A06)

Q#4:  Explain the following Maxim with illustration Delay defeat Equity or Equity aids the vigilant and not indolent? (S03-A06)

Q#5:  Briefly define the origin of equity and explain Maxim with illustration” He who comes to equity must come with clean hands” (A04-S04-S05)

Q#6:  Explain and discuss the following Maxim with illustrations “where the equities are equal, the first in time  shall prevail”? (A04)

Q#7:  Explain the following maxim with detail. (S04)  (i) Delay defeat equity  (ii) Equality is equity (S07)

Q#8:  “He, who seeks Equity, must do Equity” explain with illustration? (A05)

Q#9:  a) Discuss the different Jurisdiction by the Court of Equity. (A07)

b) Describe the three fold Jurisdiction of Equity as expounded by story.

Q#10: Explain and illustrate the following two maxims: (A07)

a)  Equity acts in Personam

b)  Where there is equal equity the law shall prevail.

Q#11: 1)  Trace the development of Equity Jurisprudence in the country.

                   2)  Detail the important changes introduced by the Judicature Acts of 1873 and 1875. (A07)

Q#12: Equity without common law would have been a castle in the air, an impossibility Maitland. Discuss? (A08)

Q#13: Explain the maxim “Equity will not suffer a wrong to be without a remedy” (A08)

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