HINDU AND MAHOMEDAN LAW. Examiner-BABU GURUDAS BANERJEE, D. L. 1. Define accurately the position of the widow in the order of succession (1) according to the Mitakshara, and (2) according to the Dayabhaga. Point out wherein the provisions of the former treatise on the subject of the widow's succession have been supplemented by the ruling of the Privy Council in the Shivaganga case. What is the rule of succession when there are several widows? 2. When does the brother succeed under the Hindu law? A Hindu governed by the Dayabhaga dies leaving an associated half brother and an unassociated brother of the whole blood, and no nearer heir, which of the two is entitled to inherit his property? Would it make any difference if part of that property should consist of undivided immoveable estate held jointly by the three brothers? 3. Define the terms Sakulya and Bandhu. Apply the doctrine of spiritual benefit as expounded in the Dayabhaga to determine precedence in the order of succession. (1.) As between the brother's son and the father's brother; and As between the father's brother's daughter's son and the great-grandfather's great-great-grandson. Which of the two claimants in the latter case has the preferential right under the Mitakshara law, and to what class of heirs under that law, does the other belong? Give reasons for your answer. 4. A Hindu, possessed of property partly inherited from his father and partly acquired by himself, dies leaving his mother as his heir. The mother subsequently remarries. What is the effect of her remarriage upon her interest in the property inherited from her son ? If the remarriage had taken place in the lifetime of her son, would it have affected her right to inherit his property? Support your answer by argument or authority. 5. What is Stridhana? Does property inherited by a woman rank as her stridhan in any case? Is a Dattaka son entitled to inherit his adoptive mother's stridhan? 6. What are the grounds of entire exclusion from inheritance under the Mahomedan law? How far has any of these grounds been modified by legislative enactment? Who are the heirs that are not liable to be excluded by other heirs? 7. Explain clearly the doctrine of the increase.' A Mahomedan lady dies leaving her husband, two daughters, and both parents. Divide her estate, giving reasons for your process. 8. State briefly the rules of succession with regard to the first of the three degrees of heirs by consanguinity according to the Shia law. 9. Enumerate the relations with whom a Mahomedan is prohibited to contract marriage. Can a Mahomedan marry his first cousin? Can he have at the same time two wives who are related to each other as sisters ? Give the general rule bearing upon this last question. 10. State the conditions of a valid gift under the Mahomedan law. 11. What is a Heba-bill-Iwaz? Is it subject to the same conditions as a gift? LAW OF CONTRACT AND TORT. Examiner-MR. P. O'KINealy. 1. Define a lien. Explain the distinction between a general and a particular lien. 2. Explain and illustrate the distinction between the civil and criminal liability of a master for the wrongful acts of his servant. 3. By a contract made in Calcutta, A agreed to serve for five years, from the 1st of January 1871, as an assistant in the wine trade. It was part of the agreement that A should not, at any time before the 1st of January 1880, carry on any business of the same kind in Calcutta, nor enter into the service of any one carrying on such a business in Calcutta. On the 1st of January 1872 A left B's service without cause, and entered into the service of another merchant carrying on the same business as B, where he still remains. Supposing B had come to you for advice on the 1st of January 1873, what would you advise him to do? What would be your advice supposing he came to you on the 1st of January 1878 ? 4. A Railway Company contracts with A to carry his servant B, and while carrying him, are guilty of negligence which causes bodily harm to B, and consequent damage by reason of loss of service to A, his master. Can A sue the Company? Can B sue the Company? Give your reasons. 5. A Hindu wine merchant, possessed of landed property, died leaving surviving a widow and two minor sons. The widow carried on the deceased's business for the benefit of the minors, and in doing so incurred debts, the amount of which is equal to the value of the business and the lauded property. Are the infants liable for these debts? If so, to what extent? 6. A, a carriage-builder, contracted with B to build a carriage for the latter for the sum of Rs. 5,000, to be paid on delivery. When the carriage was built, A sent it to B, who, without cause, refused to receive it. A consulted his attorney, who advised him to give notice to B of his intention to sell the carriage on B's account, and if the sale should amount to less than Rs. 5,000, then to sue B for the difference. Do you think the attorney was correct? State your reasons. 7. Bearing in mind that evidence is not admissible to contradict a written document, on what ground is it that an undisclosed principal may sue and be sued on a written contract entered into by his agent? Suppose the agent had falsely declared in the written contract that he was principal, could the real principal sue or be sued on it? Give your reasons. 8. A agrees with B to carry six casks of brandy belonging to the latter from Calcutta to Howrah free of charge. If A refuses to carry out the agreement, would B have any remedy? If A in carrying out the agreement lost one of the casks while going over the bridge, would B have any remedy? State your reasons. 9. What is meant by partnership property? At whose suit, and when, will the court dissolve a partnership? 10. Explain the nature and effect of stoppage in transitu. Does it rescind the contract of sale? CIVIL PROCEDURE AND EVIDENCE. Examiner-BABU GURUDAS BANERJEE, D. L. 1. Explain the principle of res judicata. When is a foreign judgment no bar to a suit in British India between the same parties and upon the same cause of action? A sued B to recover khas possession of a zemindari, and obtained a decree. B now, admitting A's title as zemindar, brings a suit against him to recover possession of the same lands on the ground that he holds them in Putnee under A. Will the second suit lie? Give reasons for your answer. 2. A mortgage-deed relating to a zemindari in the district of Hooghly is executed in Bardwan: where is a suit for foreclosure of the mortgage to be instituted? 3. What is the effect of an inadvertent omission to sue for a portion of the claim arising out of the cause of action upon which a suit is brought? 4. Enumerate the descriptions of property that are not liable to attachment and sale in execution of decree. If in execution of decree against A, the property of B is attached, how should B proceed to obtain release of his property from attachment? 5. When may a temporary injunction be granted, and how may it be enforced in case of disobedience? 6. How may the decision of the High Court be obtained upon a question of law arising in a case in which no appeal lies to that Court? When may the High Court call for the record of any such case ? 7. Define the terms Fact' and 'Relevant fact.' When is a fact said to be proved,' and what is meant by 'conclusive proof'? Give an instance of conclusive proof.' 8. When is evidence given by a witness in a former judicial proceeding relevant in a subsequent judicial proceeding, (1) for the purpose of proving the facts therein stated; and (2) for the purpose of corroborating or contradicting the testimony of that witness? 9. How far is evidence of character admissible in civil cases, and how far in criminal proceedings? 10. State shortly what facts a witness cannot be compelled to disclose, and what facts he shall not ordinarily be permitted to dis. close. CRIMINAL LAW AND CRIMINAL PROCEDURE. Examiner-BABU GURUDAS BANERJEE, D. L. 1. Define the terms 'Moveable property,' Wrongful gain,' and 'Wrongful loss.' When is a person said to cause an effect 'voluntarily'? 2. When is an act excusable on the ground of its being done by accident ? (1) A is at work with a hatchet: the head flies off and kills a man who is standing by. (2) A by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush, A not knowing that he was there. What offence, if any, has A committed in the above cases? 3. When is a person said to abet the doing of a thing? A instigates B to murder C. B refuses to do so. Is A guilty of any offence? 4. What are the offences in relation to which grave and sudden provocation is a mitigating circumstance? Under what conditions is such provocation a good plea? 5. Define culpable homicide,' and distinguish it from 'murder.' Does the causing of death without any intention of causing death or bodily injury, in any case amount to murder? Illustrate your answer by an example. 6. Distinguish between theft' and 'criminal misappropriation.' A keeps his box of jewels in a room in B's house and in B's occupation, for safe custody. B removes the box intending to take it. What offence has he committed? Of what offence would B be guilty if A were a lodger in B's house, occupying the room in question? 7. Define 'mischief.' When may a person be guilty of mischief for destroying his own property, and when of forgery for signing his own name? 8. What are the respective duties of the Judge and of the Jury? If the Judge disagrees with the verdict of the Jury, how is he to proceed? 9. What are the cases in which there is no appeal from the sentence of a criminal court? How and on what grounds may a sentence in any such case be annulled or modified? 10. How may a criminal prosecution be ordinarily instituted ? How is the general rule qualified when the offence complained of is giving false evidence in a judicial proceeding? B. C. E. and T. C. E. Examinations, 1878. ARITHMETIC AND ALGEBRA. 1. Simplify (i.) of 1 43 + 14 2루 2 44 18 of 2.43 of Rs 5 + 05 of Rs. 11. Express Rs. 6-5 as. 10 p. as a fraction of Rs. 9.8 as. 10 p. 2. Divide 06735 by 125. 1.21. Extract the square roots of .125 and Find the side of the cube which contains 18 solid feet and 1664 solid inches. 3. If the gas for 5 burners 5 hours every evening for 10 days, cost Rs. 3-12 as. what will be the cost of 75 burners which are lighted 4 hours every evening for 15 days? 4. A man sells a horse for Rs. 372 and loses Rs. 13-12 as. per cent. on what the horse cost him; what was the original cost? 5. What sum of money will amount to Rs. 6996 9 as. 7-2 p. in 2 years, reckoning compound interest for one year at 3 per cent. and for the other at 4 per cent. per annum? 6. The debts of a bankrupt amount to Rs. 21345 4 as., and his assets consist of property worth Rs. 9167 10 as. 8 p. and an undis. counted bill of Rs. 5130 due 4 months hence, simple interest being reckoned at 4 per cent. How much in the rupee can he pay his creditors? 7. Simplify the expression : |