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B. L. Examination.

1881.

JURISPRUDENCE. Examiner-MR. B. L. GUPTA, C. s. 1. What are the ultimate sanctions of all laws ? From what authority do those sanctions emanate? Whence and how do laws based upon custom and judicial decisions derive their binding force ?

2. Give the judicial sense of the terms “intention,” negligence,” malice."

3. (a) “It is a general rule that courts of law will not move unless some duty or obligation is broken.” What exceptions, if any, are there to this rule? (0) “ Obligations may be neither ex contractu nor ex delicto. Illustrate by examples.

4 A Hindu on his deathbed gives directions for the distribution of his personal property after his death. Are such directions valid ? What rules must be observed to make the execution of an unprivi. leged will valid ?

5. On what grounds may a will, though duly executed, be declared void by a court of law ?

6. Explain (a) Residuary legatee (6) Onerons bequests (c) Election (d) Specific legacy (e) Ademption.

7. What are the prerogatives and legal attributes which attach to the Crown of England ?

8. What, according to Blackstone, was the origin (a) of the right of property ; (b) of the right of inheritance ; (c) of the right of dispos. ing of one's property or a part of it, by testament?

9. When, how, and by what authority were the Supreme Court and the Sudder Dewany Adalat respectively constituted ? State briefly their respective functions, and their relative position, as result. ing from the legislation of 1781.

10. What control, if any, has the Governor-General, as such, over the different legislative bodies in the country ?

LAND TENURES, &c.
Examiner-MR. B. L. GUPTA, C. S.

1. What provision is there in Reg. VIII of 1793 against the levy of abwabs and mathants ? Is there any similar provision in Act VII (B. C) of 1869 ? If so, state it.

2. How are the rights of intermediate tenure-holders, of mortgagees, and of other persons having an interest in a putnee talooq, affected by its transfer, (a) by private sale, (b) by public sale in execution of a decree, (c) by public sale, at the instance of the zemindar, for arrears of jumma?

3. State the nature and extent of the interest which the owner or the occupier of land acquires over accretions formed by alluvion. What liabilities, if any, attach to such interest ?

4. Does a ryot cultivating his land under a lease for a fixed period acquire a right of occupancy? If so, may this operation of the law be defeated by any express stipulations to the contrary ?

5. May one of several joint-mortgagors redeem (a) a portion of the property by paying his share of the debt, (b) the whole property by repaying the whole of the debt? In either case, should your answer be in the affirmative, what would be the respective rights and liabilities of the parties interested as against one another ?

6. A obtains a decree for redemption of property pledged to B, but neglects to execute it until the decree is barred by limitation, Has A any remedy left ?

7. Under what circumstances, if any, could a civil court annul a sale under Act XI of 1859 ?

8. What advantage, if any, is there in having a document registered, the registration of which is optional ?

9. Under what circumstances may a registering officer lawfully refuse to register a document, and what remedy is open to the aggrieved party after such refusal ?

10. Explain "servient tenement," "dominant tenement," "enjoyment as of right," "affirmative easements,” and “negative easements," and state fully in respect of what subjects, and how, rights to easements may be acquired, and how, after their acquisition, such rights may be lost ?

11. When, if at all, may a foreign rule of limitation be pleaded to a suit in British India ; and how far, if at all, are suits in British India, on contracts entered into in a foreign country, subject to the law of limitation obtaining in such country?

HINDU AND MAHOMEDAN LAW.

Examiner-MR. C. PIFFARD.

1. What are the principal points of difference between the Dayabhaga and the Mitákshara schools of law ?

2. What questions were at issue in the Shiva Gunga case and how were they decided by the Privy Council ?

3. A dies leaving a widow, a daughter, a daughter's son, a sister, a sister's son, and a brother's grandson. In what order will they

inherit to his estate? Supposing A's daughter's son to die leaving a son, after A's death, but before the death of A's widow, when will such son take the inheritance ?

4. In a family governed by the Mitákshara law can a stepmother succeed to the estate or share in the estate once inherited by her stepson? Does the same rule prevail in families governed by the Dayabhaga ?

5. A dies leaving a son B, a daughter C, a widow D, and a brother's grandson E. B dies unmarried and is succeeded by his mother D), who afterwards remarries and dies leaving a son F; C died in the lifetime of D, having previously in pursuance of authority given to her by her, duly adopted G. Upon D's death, E, F, and G claim the estate which had descended from A to B. Which of them is entitled to it ?

6. What are the principal provisions of the Hindu Wills Act ? To what extent, if any, does a subsequent marriage affect the validity of a will by a Hindu, Mahomedan and Christian respectively? A, being sonless, makes a will, leaving all his immoveable property to his brother; a son is afterwards born to him ; does the birth of such son affect the validity of A's will ?

7. A dies leaving two son B and C, a son's son D, a daughter's son E, and a widow F the mother of B. How will his estate be divided ?

8. Who are the only heirs not liable to be excluded by other heirs ?

9 What is wukf? What conditions are indispensable for its validity ?

10. What is the share of the husband of an only daughter when there are no sons ? Of two or more daughters in the like case? Of a son's daughter when there is also an only daughter, and when there are also two or more danghters ?

11. Enumerate the legal sharers and residuaries, and state in what respects their rights differ. Enumerate also the four classes of distant kindred and the persons included in each class ?

12. What is shoofad or preemption? How, and by whom, and under what circumstances, car this right or privilege be claimed or exercised? What formality, if any, must be observed by the person claiming it. By what legal devices may a claim of preemption be evaded ?

CONTRACTS AND TORTS.

Examiner-MR. C. PIFFARD. 1. What is specific relief and how can it be enforced ?

2. In what case is a court bound to refuse specific performance of a contract ?

3. What constitutes a partnership? What are the reciprocal rights and liabilities of partners (1) as between themselves (2) as between themselves and strangers ?

4. A, a partner in a firm, purchases the house in which the partnership business is carried on. Can he, on the expiration of a then running lease, enhance the rent payable by the firm ? If not, why not? What difference, if any, would it make, if the house became his by gift or bequest ?

5. A and B jointly promise to pay C Rs. 1000 on demand, C, afterwards, without A's concurrence, releases B from his promise. Is A still liable to pay C, and if so, how much ? A, knowing that C has released B, voluntarily pays the whole Rs. 1000 to C. Can he afterwards sue B for contribution? If not, why not ?

6. Define fraud and misrepresentation. What is their effect apon a contract ?

7. What is the law as to appropriation of payments ?

8. What is contributory negligence ? A, the customer of a bank, has been warned by his bankers to keep his cheque-book under lock and key. He does not do so, but negligently leaves it on the table in an empty room. B, A's servant, enters the room, tears out a leaf from the cheque-book, forges a cheque for Rs. 500, cashes it at the bank, and then disappears. Who must bear the loss ?

9. What is stoppage in transitu ? If goods, that have been stopped in transitu, are resold by the seller after reasonable notice to the buyer, who is bound to bear any loss, and who is entitled to any profit that may result from such resale ?

10. A sold, and delivered to B, a horse warranted to be sound but which was in fact unsound at the time of the sale. Has B any remedy? Can he return the horse without A's consent ?

11. What is a bailment? How many kinds of bailments are there, and what obligations are in each case imposed upon the bailee ?

12. A's dog kills B's donkey, without the knowledge of either A or B; B'e donkey is left lying on the high road; C, a shortsighted man, was driving in a buggy to present for payment a cheque, the property of his employer D, and coming across the donkey's body, upsets his buggy, and gets one of his legs broken. The bank, upon which the cheque was drawn, stops payment the same afternoon, and the cheque was not presented in time, solely on account of the accident to C. Can B sue A ? Can C sue either A or B ? Can Dsue A, B, or C? Can C sue D for injury sustained while employed in his service ?

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CIVIL PROCEDURE AND EVIDENCE.

Examiner-MR. C. PIFFARD. 1. What is an admission ? In what cases is it inadmissible to prove a previous admission or statement as against the person or the representative of the person who made it? In what cases, if any, may a previous admission or statement, be proved on behalf of the person who made it ? Give reasons and illustrations.

2. When the question in issue is whether A did or did not survive B, and the date of B’s death is known, what evidence is necessary to place the burden of proving that A died before B on the party who so states ? What evidence given by him is sufficient to throw the burden of proof on the other side ?

3. When is a foreign judgment no bar to a suit in British India ?

4. In what cases, if any, may a Court make a decree upon a lost negotiable instrument ?

5. From what materials may a Court frame issues upon a settlement of issues ?

6. When may a case be disposed of at the first hearing ? 7. If a suit has been instituted or an application made in a Court which has no jurisdiction to try the suit or hear the application, can such Court make any order as to costs ? If such an order should be made, (1st) how could it be executed ? (2nd) Would an appeal lie against it? And (3rd) if so, to what Court ?

8. If an order has been made in a suit in which a minor is concerned, without the minor being represented by a next friend or guardian, how may the Court deal with the matter, and what order may it make as to costs ?

9. How may the credit of a witness be impeached ? May the party who has called a witness afterwards impeach his credit ? If so, under wbat circumstances ?

10. Under what circumstances may a Court before final judgment issue a warrant (1) to arrest a defendant ? (2) to attach his property ?

11. What is a public charity ? What remedy does the law provide in case of a breach of trust in the administration of a public charity ?

12. Draw an ordinary plaint by the owners of a cargo totally destroyed by fire against the insurers.

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