Subject Experts Solutions for Chapter: Acts, Exercise 1: Practice Exercise

Principle Where there is transfer of ownership of one thing for the ownership of some other thing it is called exchange, while transfer of ownership for consideration of money is called sale, whereas without consideration it becomes gift.

Facts ' ${\mathrm{A}}^{\text{'}}$ transfers his house worth $50$ lakh to ${{}^{\text{'}}\mathrm{B}}^{\text{'}}$ for a shopping building worth the same amount, as consideration from 'B'. 

Principle One of the essential conditions for a marriage between any two persons to be solemnised under the Special Marriage Act, $1954$is that at the time of the marriage the male has completed the age of twenty-one years and the female the age of eighteen years, If the said condition is not fulfilled such a marriage is null and void.

Facts ' ${\mathrm{A}}^{\text{'}}$, a male aged twenty-two years, proposes to marry ' ${\mathrm{B}}^{\text{'}}$, a female aged sixteen years, at Delhi in the month of June $2014$ under the Special Marriage Act, $1954 .$

Principle Under the Transfer of Property Act, $1882$ a property must be transferred, by one living person to another living, person. The Act deals only with transfer of property between living persons.

Facts ' ${\mathrm{X}}^{\text{'}}$ wants to transfer his property to the presiding deity in a temple situated within the estate of ' ${\mathrm{A}}^{\text{'}}$.

Principle Under copyright law copyright subsists in original literary works also. A literary work need not be of literary quality. Even so prosaic a work as an index of railway stations or a railway guide or a list of stock exchange quotations qualifies as a literary work if sufficient work has been expended in compiling it to give it a new and original character.

Facts Michael works hard enough, walking down the streets, taking down the names of people who live at houses and makes a street directory as a result of that labour.

Principle Under the, Hindu Adoptions and Maintenance Act, $1956$, no person shall be capable of being taken in adoption unless he or she is a Hindu, he or she not already been adopted, he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption, and he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being take in adoption.

Facts Vijay being natural father had given Tarun, a boy aged 10 years, in adoption to Manoj in March 2010 in accordance with the Hindu Adoptions and Maintenance Act, $1956 .$ In May $2012$Manoj gave Tarun in adoption to Sanjay. Subsequently in December $2013$ , Sanjay gave Tarun in adoption to Vijay.

Principle Under the Hindu Marriage Act, $1955$ either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.

Facts Rohan, a technocrat, went to US in January $2011$for pursuing his higher studies for a period of three years. In fact, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US, he has quite, often been in touch with his wife. Subsequently, Rohan has got a job there in US, and he wishes to take his wife. She refuses to go to US and, in the meanwhile, she files a petition for a decree, of divorce on the ground of desertion by her husband. 

Principle According to Section $2$ of the Industrial Disputes Act, $1947$, 'Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between work men and workmen, which is connected with the employment of non-employment or the terms of employment or with the conditions of labour of any person'.

Facts The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an 'Industrial dispute'?

Principle Under the Employees Compensation Act, $1923$, an employer is liable to pay compensation to his workmen for injuries sustained by them by an accident arising out of and in the course of employment.

Facts M, the Manager of SRK Industries asked his secretary S to submit a report at the Government Labour Office. ' ${\mathrm{S}}^{\text{'}}$ submitted the reports as directed. On his way back $\mathrm{S}$ met one of his class mates. He then decided to have a cup of tea together on a way side restaurant. Some time later, ' ${\mathrm{S}}^{\text{'}}$ got a message from his office to report back as it was long time since he left the office. ' ${\mathrm{S}}^{\text{'}}$ rushed back on his Motor Cycle. On his way back a Truck which was coming from side road hit ' ${\mathrm{S}}^{\text{'}}$. He was admitted in a nearby hospital with multiple injuries. He claims compensation under the Employees Compensation Act from his employer.