4. What is constructive fraud? Give examples of the three classes of constructive fraud.

5. What are resulting trusts? Give instances.

THE LAW OF CONTRACTS AND TORTS.

FIFTH PAPER.

Paper set by-C. E. GREY, Esq., B.A.

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate full marks.

FIRST HALF.

Examiner-J. CAMELL, ESQ., B.A.

1. Explain and give illustrations of the following:

(i) The duty of an agent to his principal.

(ii) Breach of Warranty.

(iii) A pawnee's right of retainer.

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(iv) A bailee's particular lien.

(v) A Corporation is an artificial entity.

2. tion.

Explain, giving examples," executed" and "executory "considera-
When is past consideration no consideration ?

3.

What is the effect of misrepresentation or nondisclosure upon the formation of contract? Explain your answer by an illustration.

4. What is the meaning of the phrase " stoppage in transitu," and what are the rules contained in the Contract Act with reference thereto ?

5. "An injunction will not be granted to prevent the breach of a contract, the performance of which could not be specifically enforced." Explain and state what are the qualifications to this statement.

SECOND HALF.

Examiner-SUBODHCHANDRA RAY, ESQ., B.A., LL.B.

1. What are the chief elements of fraud in connexion with contract ? 2. What are the rights and liabilities of a broker, and how is his position different from that of a commission agent?

3. What constitutes a nuisance, and what must be proved before 12

a suit for its removal can be successful?

between a public and a private nuisance ?

What is the difference

4. What has a plaintiff in an action at law for slander of title to prove? Give illustrations.

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5.

"The old action of Detinue has not been much used in modern 10 times because of its inconvenience. It has been largely superseded by trover." Explain the above and define "trover."

THE LAW OF CRIMES AND CRIMINAL PROCEDURE. Sixth Paper,

Paper set by-C. E. GREY, ESQ., B.A.

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate full mark s.

FIRST HALF.

Examiner-BABU KALICHARAN BANURJI, M.A., B.L.

1. Define the following terms as used in the Penal Code:

Wrongful gain.

Wrongful loss.

Fraudulently.

Counterfeit.

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3. What is a false document as used in the definition of forgery?

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4. What are the three stages which according to criminal law, may be 10 passed through prior to the completion of a crime, and which of those stages is not punishable under the Penal Code? Illustrate your answer by examples.

5. In what offences under the Penal Code may provocation be considered as an aggravating or an extenuating circumstance?

SECOND HALF.

Examiner-BABU BANKIMCHANDRA SEN, M.A., B.L.

1. What is the effect of a trial with assessors of an offence triable by 10 jury, and of a trial by jury of an offence triable with assessors ?

2. What is the meaning of "first offenders," and under what 10circumstances has the Court power to release instead of punish such persons?

3. When has a Criminal Court power to examine an accused person? Can it cross-examine ?

4. What are the grounds upon which the High Court can grant a transfer of a criminal case, and what is the nature of the order that can be passed?

5. Under what circumstances may a new trial be ordered and by what Courts? When can the Court quash a conviction?

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THE LAW OF CIVIL PROCEDURE, EVIDENCE AND

LIMITATION.

SEVENTH PAPER.

Paper set by THE HON'BLE BABU JOGENDRACHANDRA GHOSE, M.A., B.L.

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate full marks.

FIRST HALF.

Examiner-MANECKJEE RUSTOMJEE MEHTA, Esq.

1. Specify the elements which must be established in order to bar the 10 trial of a suit or an issue on the ground of Res Judicata.

2. When may a plaintiff join several causes of action?

consequences of multifariousness? Give examples.

What are the 10

3. Has the Court any power to order that a sum of money decreed be 10 paid by instalments? If so, when and under what circumstances? May such an order be made in the case of a mortgage decree ?

4. What questions may be decided by a court executing a decree, 10 and not by a separate suit?

5. When and under what circumstances may a sale of immoveable 10 property in execution of a decree be set aside ? Can a judgment-debtor succeed in having a sale set aside merely by showing that the sale took place within 30 days of the service of the sale proclamation?

SECOND HALF.

Examiner-BABU JOGESCHANDRA DE, B.L.

1. What is the rule of limitation for a suit against trustees for the purpose of following in their hands trust property ?

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2. (i) 4 incurs à debt to a firm of which E, F and G are partners. E 12 is a minor. Will time run against E in respect of the debt?

ii) When some of the members of a joint Mitakshara family are minors, will time run in favour of the family in respect of a debt incurred by the managing member?

Give reasons for your answers.

3. Under what circumstances will a part payment of a debt save limitation?

4. Define Secondary Evidence. When is secondary evidence of a document admissible?

5. A agrees in writing to sell a horse to B for Rs. 1,000 or Rs. 1,500. Can evidence be given to show which price was to be given?

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6. What is the advantage of having a plurality of witnesses? Men- 10 tion instances in which the rule of a plurality of witnesses has been recognized in Indian Law?

HINDU LAW, MUHAMMADAN LAW AND THE LAW OF INTESTATE SUCCESSION.

EIGHTH PAPER.

Paper set by-THE HON'BLE BABU JOGENDRACHANDRA GHOSE, M.A., B.L.

Candidates are required to use separate books for their answers to the first and second halves of the paper, and to write on the cover FIRST HALF or SECOND HALF, as the case may be.

The figures in the margin indicate full marks.

FIRST HALF.

Examiner-BABU GOLAPCHANDRA SARKAR, SASTRI, M.A., B.L.

1. What are the main principles underlying the Hindu Law of 10 Saccession, (1) according to the Mitakshara, and (2) according to the Dayabhaga?

2. What is the position of the son's daughter's son among heirs 10 under the Bengal School and under the Benares School ?

3. Is property inherited from the maternal grandfather subject to the rule of survivorship under the Benares School?

your answer.

Give reasons for

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4. Define the rights of a Hindu widow (a) in property inherited 10 from her husband, (b) in accumulation from such property.

5.

What are the rights of an adopted son when there is an after-born 10 son, under the different Schools of Hindu Law?

1.

SECOND HALF.

Examiner-MAULAVI MAHAMMAD YUSUF, KHAN BAHADUR, B.L..

What are the principles of the law of succession under the Sunni 10 and the Shia laws? Specify the difference between the two systems ?

2. Define the several classes of heirs under the two systems of 10 Muhammadan Law (the details about distant kindred are not required). 3. Describe the Sharers and the extent of their shares under the 10 Sunni Law.

4. (i) What are the essential couditions of a valid marriage under the Sunni Law?

(ii) What are the rights of inheritance of illegitimate children to the property of their parents under the Shia Law?

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5. When an intestate dies leaving a widow and other kindred but 10 without any lineal descendants, parents, brothers and sisters, what is the distribution of his property under the Succession Act?