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5. Discuss the essential requisites of a valid acknowledgment 10 under the Indian Limitation Act, giving reasons.

Or,

R, a minor entitled to certain lands, was dispossessed thereof during his minority. On attaining majority he assigned his interest on the land to N. N brings a suit for the recovery of the land within three years of R's coming of age and more than twelve years after the dispossession.

How is the suit affected by the Law of Limitation? Give reasons for your answer?

SECOND HALF.

Examiner-BABU JNANENDRANATH BASU, B.L.

10.

6. What do you understand to be the scheme of the frame-work 10 of the Civil Procedure Code (Act V of 1908) ?

What is the object and effect of dividing the Code in the manner in which it has been divided, specially with reference to the modes of altering and amending its different portions?

How far are the provisions of the Code exhaustive?

Or,

Trace shortly in a connected outline the procedure from the insti- 10 tution of a suit to the termination of execution proceedings under the Civil Procedure Code.

7. How are the following terms defined in the Civil Procedure 10 Code:" and

(a) "Decree

"final decrees).

(b) Judgment.

(c) Order.

(distinguishing between "preliminary

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8. L, after the death of her husband (governed by the Mitak- 10 shara School of Hindu Law) applied for a certificate under Act XXVII of 1860 enabling her to collect debts due to her husband. The application was opposed by R, brother of the deceased, who set up the case of joint ownership; but his contention was overruled and a certificate was granted to L and the grant was confirmed on appeal.

R thereafter brought a suit against R claiming his brother's property by right of survivorship, and the issue in the suit is whether at the death of L's husband the ownership of the brothers was joint or separate.

How far does the grant of the certificate (under Act XXVII of 1860) operate as Res judicate of the above issue?

Give reasons for your answer.

9. What rules of set-off would you apply to two of the following 10 cases, and why?—

(a) A bequeaths Rs. 2.000 to B and appoints C his executor and residuary legatee. B dies and D takes out administration to B's estate. C pays Rs. 1,000 as surety for D. D sues C for the legacy. C wants to set-off the debt of Rs. 1,000 against the legacy.

(b) A sues B on a Bill of Exchange. B alleges that A has wrongfully neglected to ensure B's goods and is liable to him for compensation which he claims to set-off.

(c) A sues B for compensation for trespass. B who holds A's promissory note for Rs. 1,000 claims to set-off the amount against the sum (if any) that A may be declared entitled to revenue in the suit.

(d) A sues B and C for Rs. 1,000. B claims that A is indebted to him in an ascertained sum and he is entitled to set it off.

(e) A sues the partnership firm of B and C for Rs. 1,000. B dies leaving C surviving. A sues C for a separate debt of Rs. 1,500 against which C wants to set-off A's debt of Rs. 1,000.

10. A purchases one of the mortgaged properties at a sale in ex- 10 ecution of a money decree against the mortgagor, his judgment debtor. Subsequently there is a decree against the mortgagor under the mortgage, and the assignee of the mortgage decree applies for sale of the mortgaged properties under the mortgage decree including the property purchased by A as aforesaid.

What locus standi has A to object to such sale? Give reasons for your answer.

Or,

N, in execution of a decree obtained by him, purchased the right, 10 title and interest of his judgment-debtors R and S in certain lands. In 1886 he obtained a sale certificate in respect of all the properties so purchased. In 1891 he brought a suit against the heirs of S, then deceased, for possession of certain lands included in the sale certificate of which they were in exclusive possession and obtained a decree. In 1892 he brought another suit against the heirs of R, then deceased, and another person for possession of other lands included in the sale certificate of which they were in exclusive possession and obtained a decree. In both the suits he based his claim on the sale certificate showing his title as purchaser. The remainder of the lands included in the sale certificate were held by the heirs of R and S jointly with the other members of the family who were coparceners with them. In 1897 N filed a suit to recover by partition the shares of R and S in these lands, basing his claim upon the sale certificate.

Is such a suit maintainable? How is the cause of action affected by being split up?

Give reasons for your answers.

CRIMINAL LAW.

EIGHTH PAPER.

Paper-setter S. C. Roy, Esq., B.A., LL.B., BAR.-AT-LAW.

The figures in the margin indicate full marks.

Candidates are required to give their answers in their own words as far as practicable.

FIRST HALF.

Examiner-BABU HARAPRASAD CHATTERJEE, M.A., B.L.

1. A police officer acting in good faith under colour of his office 10 does an act which is not strictly justifiable in law, but which causes a reasonable apprehension of grievous hurt. Is there a right of private defence in such a case? Would it make any difference if there was no reason to believe that the man was a police officer ? State your reasons.

Or,

Can death be caused in exercise of the right of private defence of 10 the person? If so, in what cases?

2. A instigates B, who is a person of unsound mind, to set fire 10 to a dwelling-house. B sets fire in consequence of such instigation. Has A or B committed any offence? Discuss their criminal liability.

3. A, with the best of motives, takes his niece aged 15 out of the lawful guardianship of her father, in order to have her married against her will. What offence has A committed ? Give reasons for your answer.

4.

A trespasses over B's land in order to make a short cut. The land was properly hedged in, and A saw a notice that " trespassers will be prosecuted. " Can A be prosecuted for criminal trespass ? If so, under what circumstances?

Or,

10

10

A, by shooting at a fowl with intent to kill and steal it, kills B 10 who is behind a bush. A did not know that B was there. Has A committed any offence under either the Indian or the English law? Give reasons for your answer.

5. Is necessity an excuse in Criminal law? Discuss fully, giving 10 illustrations.

Or,

Is the plea of justification a sufficient defence in a prosecution for defamation? How far is the expression of a defamatory opinion especting the conduct of a public servant privileged ?

10

SECOND HALF.

Examiner S. C. Roy, Esq., B.A., LL.B.

6. What is meant by saying that an accused person is entitled to 10 the benefit of a reasonable doubt? What is a reasonable doubt '? State some of the characteristic features of the French judicial system as contrasted with the English system.

7. What powers has a Magistrate to take security for good be- 10 haviour from a habitual offender?

Or,

Can a Magistrate take cognisance of an offence upon private infor- 10 mation ? If he does so, what are the rights of the accused?

8. A person is accused of having committed criminal breach of 10 trust on five different occasions within one year. Can he be tried for all these offences at one trial?

If the various amounts misappropriated on these occasions cannot be separately specified, would it be sufficient to specify only the gross amount of defalcation during the year?

9. In a case triable by the Court of Sessions, state briefly the 10 various steps which are taken from the time the Magistrate takes cognisance of the offence till the final judgment.

Or,

What is meant by the High Court's power of revision? Can the 10 High Court enhance a sentence?

10. Under what circumstances can the High Court transfer a 10 criminal case? What happens to the pending proceedings ?

Or,

When can a finding, sentence or order of a Court of competent 10 jurisdiction be reversed on the ground of error or irregularity?

Matriculation Examination.

1910.

ENGLISH.

FIRST PAPER.

PART I.

THE

HON'BLE MR. JUSTICE ASUTOSH MOOKERJEE,

SARASWATI, C.S.I., M.A.,

D.L., D.Sc., F.R.A.S., F.R.S.E.

Paper-setters- REV. A. TOMORY, M.A.

J. N. DAS GUPTA, ESQ., B.A. (OxON),
BAR.-AT-LAW.

DR. G. THIBAUT, C.I.E., PH.D., D.Sc.

Head Examiner-J. N. DAS GUPTA, ESQ., B.A. (OxON), BAR.-AT-LAW.

Examiners

[BABU GOPAL CHANDRA MAITRA, M.A.

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NRIPENDRA CHANDRA BANERJI, M.A.
JAGNESWAR GHOSH, M.A.

SATIS KUMAR BANERJI, M.A.
GANGADHAR BANERJI, M.A.
BENI MADHAB GANGULI, M.A.

REV. W. R. LEQUESNE, B.A.

M. L. PRITTAM SING, Esq., M.A.
RAI RASAMAY MITRA, BAHADUR, M.A.
MAULVI MUHAMMAD AZIZUL HUQ, M.A.

TRANSLATION FROM BENGALI.

Candidates are required to give their answers in their own words
as far as practicable.

The figures in the margin indicate full marks.

A.

Translate into English any two of the following three passages: উইলিয়ম জোন্স, ১৭৪৬ খৃঃ অব্দের ২• এ সেপ্টেম্বর, ইংলণ্ডের রাজধানী লণ্ডন নগরে জন্মগ্রহণ করেন । তাহার, তৃতীয় বৎসর বয়ঃক্রম

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