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Honours in Law Gramination.
Examiner-The Hon'ble Mr. Justice SaRADACHARAN MITRA, M.A., B.L.
1. Discuss the following text of Narada (Chap. iii., para 10) and its application in the administration of justice by Anglo-Indian Courts:
"The grandsons shall pay the debt of their grandfather, which having been legitimately inherited by the sons has not been paid by them: the obligation ceases with the fourth descendant."
2. Give the synopsis of a thesis on the Testamentary Capacity of a Hindu.
3. "Do not give or take an only son." Discuss the text and illustrate its application.
4. What are the leading features of the laws under the different systems of Hindu Law as regards succession to stridhan.
JURISPRUDENCE AND THE PRINCIPLES OF LEGISLA
Examiner-THE HON'BLE MR. S. P. SINHA,
1. Explain the definition of Jurisprudence as "the formal science of Positive Law." Criticise Austin's division of Jurisprudence into General and Particular.
2. State Sir Henry Maine's objection to Austin's theory of sovereignty. How far are these objections valid according to later writers on Jurisprudence, e.g., Prof. Holland.
3. What is the precise meaning and place of Equity as one of the sources of Law?
Contrast the growth of Equity in Roman and English Law.
4. What are the marks which constitute the test of a status or condition ? "The movement of the progressive societies has been from Status to Contract." Illustrate this proposition of Maine.
5. State shortly Holmes's analysis of Juridical Possession and explain the difference, if any, between his view of possession and that of Savigny.
How does Holmes explain the apparent anomaly of recognising that a bailee has possession but a servant has not?
6. To what form of English tenure does Austin think Emphyteusis is analogous? What are his reasons for rejecting the opinion that Emphyteusis is the origin of Feudum ?
7. Compare the growth of the proprietary power of women in Roman and Hinda Law.
8. Summarise Maine's account of the conception of contract in Ancient Society.
9. Explain Holmes's theory as to the origin of the doctrine of Consideration in the English Law of Contract.
10. "The Law of Nations or International Law is but Private Law writ large."
What do you understand by the above? On the above basis, how would you classify the different topics dealt with in International Law?
Examiner-THE HON'BLE MR. JUSTICE C. M. W. BRETT, C.S.I.
N.B.-Candidates are not to attempt to answer more than five of
The figures in the margin indicate full marks.
1. Point out how Legal Fictions were employed in the Roman Law 20 to avoid the strict provisions of the Jus Civile,' and compare their use with any similar proceedings under the English Law.
2. Contrast 'dominium,' 'possessio,' and 'detentio,' and describe 20 briefly the several legal processes which could be employed to enforce and maintain each of them.
3. Trace the changes which were introduced into an action at law 20 from the earliest times in Roman Law up to the time of Justinian. Exemplify the various changes and compare and contrast them with English Law.
4. How did the Roman Law provide for the guardianship of (a) 20 women and (b) children? Point out how the law was gradually simplified, and compare its provisions in the time of Justinian with those of the law now in force in India.
5. To what extent did the Roman Law recognize (a) the doctrine of 20 res judicata, and (b) limitation as barring a suit, and (c) in what cases were appeals allowed? Compare with the provisions of the law now in force in India on the same subjects.
6. In what cases did the Roman Law allow the Courts to award (a) 20 damages, (b) mesne profits, and (c) interest? Compare with the provisions of the law now in force in India.
7. Describe concisely the essentials which the Roman law required at 20 different periods for the due exemption of a will, and point out the main distinctions between (a) legacies, and (b) trusts under the Roman and English Law.
8. Distinguish between the Formal and Formless Contracts, Verbal 20
and Literal, under the Roman Law, and compare with the corresponding institutions under English Law.
9. State what were the necessary incidents under the Roman Law of 20 the Contracts of (a) Sale, (b) Lease, and (c) Mortgage, and compare with the provisions of the law in India on the same subjects.
10. Describe briefly the provisions of the Roman Law relating to 20 Bankruptcy, and compare with the provisions of the English Law.
PRIVATE INTERNATIONAL LAW.
Examiner-THE HON'BLE MR. JUSTICE C. M. W. BRETT, C.S.I.
N.B.-Candidates are not to attempt to answer more than four
The figures in the margin indicate full marks.
"Whilst it is certain that all matters which concern procedure 25 are in an English Court governed by the law of England, it is equally clear that everything which goes to the substance of a party's rights and does not concern procedure is governed by the law appropriate to the case."
Discuss this proposition as applicable to cases in which there is a foreign element, and apply general principles to support it.
2. "It is a settled rule of English Law that Civil status with its 25 attendant rights and disabilities, depends not upon nationality but upon domicil alone.”
Discuss and comment on this dictum of the Privy Council, and point out how it is supported by decisions in the other leading cases.
3. Point out by reference to leading cases on what grounds a for- 25 eign judgment can be impeached as invalid in an English Court; and as to what matters a valid judgment is held to be conclusive. and under what conditions can a valid judgment be enforced in England, and to what extent can it be used as a good defence to an action? Compare with any similar provisions of the Law in force in India. 4. State clearly the main principles which are applied by English 25 Courts to determine (a) the validity, and (b) the interpretation of contracts containing a foreign element. State and discuss the principles laid down in Lloyd v. Guibert, and Chatenay v. The Brazilian Submarine Telegraph Company.
5. What are the principles which in the view of the English Judges 25 ought as regards action in personam to determine whether the Courts of a foreign country are in a given case Courts of competent jurisdiction? Name and discuss some of the leading cases on the subject.
6. Define a 'tort,' and point out under what conditions Courts in 25 England will award damages for torts committed in a foreign country. State whether or not in the following cases X is liable for damages, and why:
(a) A Spanish ship comes into collision with and causes damages to a British ship on the high seas. X, the owner of the Spanish ship, Spanish subject and is by the special circumstances under which collision takes place exempted by Spanish law from liability.
(b) A sues X in England for damages for a libel published by X of A in France.
(c) X, a British subject, seizes in Portugal the goods of A, a British subject, under circumstances which makes the seizure lawful according to the Portuguese law, though the seizure would have been wrongful if it had taken place in England.
What are the general rules governing (i) the transfer of, and (ii) the succession to immoveables, and moveables, and what laws should be applied in determining the following cases :
(a) A agrees with X in England to convey to X land in India to which A claims a title by prescription. X refuses to accept the convey. ance on the ground that A has not a good title. In a suit brought by A to compel X to accept the conveyance the main question at issue is A's title.
(b) A domiciled Scotchman dies intestate possessed of freeholds and leaseholds in England. The question is what law will determine the succession to each.
(c) X, an Englishman, incurs in England a debt to A. The debt is assigned in France by A to B. B sues X in England to recover the debt and X pleads to be entitled to set off a debt due to him from A at the time he contracted the debt to A. The questions are, what is the extent and validity of B's claim against X, and whether X can plead the set-off. 8. In each of the following cases the action is brought by A in the 25 High Court in England. State in each whether the Court has jurisdiction to entertain the action, and explain your answers by reference to general rules and leading cases.
(a) A is the owner of an estate in Ceylon. X, a creditor of A's, by unfair use of process in the local Courts, causes A's estate to be sold and purchases it. A sues to recover the estate.
(b) X contracts in India with A to deliver cotton of a certain quality to A in Scotland. The cotton is not delivered. The non-delivery of the cotton which A could have used in his manufactory in England or could have sold in England in performance of a contract with N causes to A damage in England. A sues X for damages.
(c) A brings an action against X and Y in respect of a fraud jointly committed by them in London. X is in England. Y is domiciled and resident in India. Before service of the writ on X, A applies for leave to serve the writ on Y.
PRINCIPLES OF EQUITY.
Examiner-THE HON'BLE MR. JUSTICE SARADACHARAN MITRA, M.A., B.L.
(You need not attempt to answer more than four of the questions.)
1. Trace the origin and development of the jurisdiction of the Court of Equity in England as regards infants, and compare the leading features of the law of England in this respect with those of the Hindu Law and of the Anglo-Indian Codes.
2. What are Bills Quia Timet? Explain and illustrate their use in the administration of civil justice with especial reference to Indian cases.
3. Explain the doctrine of cy-pres. Illustrate its use and application and the limitations to it, referring to leading cases in England and India.
4. State the rules of law laid down in any three of the following cases and refer to other cases, especially Indian, illustrating the rules :
(a) Brice v. Stokes, 11 Ves. 234.
(b) Dering v. The Earl of Winchelsea, 1 Cox. 318.
5. Discuss the use of precatory words in a will.
6. Explain and illustrate the doctrine of constructive fraud.
What are the rights of a cestui que trust as regards the management
of trust property, removal of trustees and accounts from trustees ?
Examiner-THE HON'BLE MR. S. P. SINHA.
1. What is meant by an "unconscionable bargain"? Is there any
difference between English and Indian Law with reference to such bargains? If so, what?
2. Give a summary of the rules of English Law against Champerty and Maintenance. How far do they apply under Indian Law? Give the facts of any leading cases you know on the point.
3. What difference, if any, is there between "assignability and negotiability"? How far can a contract be assigned (a) under English Law, (b) under Indian Law?
4. Is there any obligation on one of the parties to a contract to disclose to the other party, during the treaty for the contract, all known facts which may be material to the other party's judgment? If so, in what cases? Explain the difference, if any, between English and Indian Law on the point.
5. State shortly the nature and extent of the liability of Railway Companies as carriers (1) of goods, and (2) of passengers.
6. State the rules by which you determine when a sale is complete (a) as to ascertained goods, (b) as to unascertained and non-existing goods. Mention leading cases.
7. State the law as to contracts by infants—
(a) under the English Common Law, and as modified by statute.
(b) under the Indian Contract Act.
A, a minor, borrows Rs. 20,000 from B on an English mortgage. How far can B enforce the mortgage?
What are the defences available to an action for specific performance of a contract for sale of land.
What is necessary for the plaintiff to prove in an action (1) for malicions prosecution, (2) for slander of title, and (3) for deceit ?
10. Discuss and explain the doctrine of "contributory negligence." What are the rights of the injured parties in the following cases :
(a) B, a cab-driver, whilst driving at an excessive speed, sees A crossing the road carelessly. He shouts at A, who, being very deaf, does not hear and is run over and injured.
(b) B, a van-driver, negligently runs over A, an infant, and C, the nurse in charge of A. A and C are both injured. Had C been reasonably careful, she could have avoided the accident. Cite authorities.