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Examiners—{

SECOND HALF.

N. N. GUPTA, Esq., M.A., Bar.-at-Law.
M. N. BOSE, Esq., M.A., BAR.-AT-LAW.

GROUP B.

6. Sketch the early history of contract.

Examine the different theories of contract.

7. "International law is private law writ large." Develop.

8.

Outline the history of testamentary succession.

9. Trace the carly history of delict and crime.

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10. Write a note on Legal Fiction, illustrating the same from 18 Indian law.

ROMAN LAW AND THE PRINCIPLES OF

LEGISLATION.

SECOND PAPER.

Paper-setter-P. K. SEN, ESQ., M.A., LL.B. (CANTAB.), 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 possible. FIRST HALF.

R. C. SEN, Esq., BAR.-AT-LAW.

Examiners-S. M. BOSE, Esq., M.A., LL.B. (CANTAB), BAR.-AT-LAW.

Candidates are required to answer FIVE questions only.

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1. Explain what is meant by jus civile and jus gentium. How 10 did the latter come to be identified with the so-called Law of Nature? 2. Indicate the duties and responsibilities of a Tutor. How was the law as to legal disabilities in ancient Rome improved by the appointment of Curators?

3. Define Sale.

in Roman Law.

Explain fully its incidents and characteristics

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4. Distinguish between Pignus and Hypotheca, pointing out 10 clearly how they contributed respectively to the development of the Roman law of mortgage.

5. Distinguish Usufruct from Quasi-usufruct. Point out the 10 rights enjoyed by Usufructuaries. How was Usufruct created and extinguished.

6. Trace the gradual progress of the Roman law of testation. 10 Explain the part played in this connection by the codicilli.

7. Write short notes on the following:

(a) Juris prudentes.

(b) Res fungibilis.

(c) Universal succession.

(d) Mancipatio.

(e) Quasi-contract.

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SECOND HALF.

DR. ABDULLAH-UL-MAMUN SUHRAWARDY, M.A.,
PH.D., D.LITT., LL.D., BAR.-AT-LAW.

Examiners- P. K. SEN, Esq., M.A., LL.B. (CANTAB),

BAR.-AT-LAW.

Candidates are required to answer FIVE questions only.

1. Discuss in brief the ends of punishment. Indicate how far punishment may be inflicted for the purpose of affording pleasure or satisfaction to the party injured.

2. Explain the object of pecuniary punishment. Examine involuntariness as a ground of exemption from liability. Illustrate your answer.

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3. Clearly discuss the question as to how far vice may form the subject of legislative interference.

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4. Examine the conception of Property. Discuss the applicability of the term to (a) a monopoly, (b) reputation.

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Every kind of act and consequently every kind of offence is apt to assume a different character, and be attended with different effects, according to the nature of the motive which gives birth to it.' Explain this proposition (a) generally, (b) with reference to the reformatory character of punishment.

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6. Distinguish public from semi-public offences. Examine 10 Bentham's instances of semi-public offences through calamity.

7. Explain and illustrate the difference between private ethics 10 and the art of legislation.

HINDU LAW.

THIRD PAPER.

Paper-setter-DR. SARATCHANDRA BANERJEE, M.A., D.L.

The figures in the margin indicate full marks.

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

Examiners

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FIRST HALF.

BABU HARAN CHANDRA BANERJEE, M.A., B.L.
JYOTIPRASAD SARBADHIKARI, M.A., B.L.

Enumerate the principal sources of Hindu Law and name the 10 authors of the principal Dharmasastras. What are the rules for the interpretation of conflicting texts in the Dharmasastras ?

2.

Account for the origin of the different schools of Hindu law and state clearly how far the law of any particular school is territorial.

Or,

What is the position of custom in Hindu law? What are the requisites of a valid custom ?

3. State the law relating to the power of a widow to adopt a son in the dattaka form under the different schools of Hindu law.

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Or,

To what share of the properties left by the adoptive father is an adopted son entitled under the different schools of Hindu law when a natural born son of the adoptive father is born after the adoption? 4. A, a Bengali Hindu, died leaving a widow with authority to 12 adopt three sons in succession. She adopted B who died leaving a widow. Some time afterwards B's widow died and A's widow adopted a second son C. Is the adoption of C vaild ? Give reasons for your answer.

5. State clearly the extent of the power of the manager of a joint family under the Hindu law to alienate property belonging to the family. What must a purchaser of such property from the manager prove in order to establish a good title to it?

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SECOND HALF.

Examiners

BABU BIRAJMOHAN MAZUMDAR, M.A., B.L.
KARUNAMAY BASU, M.A., B.L.

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6. A and his brother's son B were the members of a joint Hindu family living in Oudh and governed by the Mitakshara. A died childless after having executed a deed of sale of his undivided share in the joint property in favour of C. The sale was made by A to pay off a personal debt of his own without the consent of B and without

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legal necessity. After A's death B sued C for the recovery of the share. What is the proper decree to be passed in the suit? What difference, if any, would there be (1) if the suit had been brought before A's death, and (2) if A and B were related as father and son instead of as uncle and nephew? Give reasons for your answer

Or,

A joint family consists of three brothers, A, B and C, A being the managing member; A and B have each a number of daughters, C being childless. After some of the daughters had been married at the expense of the joint family, C sued for partition asking for an account of the marriage expenses and claiming that the expenses should be deducted from the shares of A and B. To what relief is C entitled? Give reasons for your answer.

7. Explain how far the incidents of partible joint property apply 10 and how far they do not apply to impartible property held by one member of a joint family governed by the Mitakshara. Give reasons for your answer.

Or,

Explain briefly the doctrine of spiritual benefit as applied to questions of inheritance to the estate of a deceased male under the Dayabhaga. Show how a person's maternal relations are brought under the category of persons conferring spiritual benefit on him.

8. A Hindu died leaving his brother's daughter's son and his paternal great grandfather's great-grandson. Who would be the preferential hair (a) under the Mitakshara, and (b) under the Dayabhaga? Give reasons for your answer.

Or,

A Hindu governed by the Mitakshara dies leaving his sister's son and his paternal great-great-great-grandfather's great-great-greatgrand-son: who would be entitled to succeed? Give reasons for your

answer.

9. State clearly the nature and extent of the interest which a Hindu widow takes in property inherited by her from her husband. A Hindu died leaving his widow who succeeded to his estate. She gave the entire estate to A who was at the time the nearest reversionary heir of her husband; immediately afterwards A transferred back to the widow absolutely one half of the estate. A died before the widow. On the death of the widow, B, the reversionary heir, sued the heir of A and the heir of the widow to recover the estate. State clearly the relief to which B is entitled, giving reasons for your answer.

10. A Hindu woman married in the Brahma form had some ornaments given to her at the time of her marriage and some pro perty given to her by her father after her marriage. She died childless, leaving her husband's younger brother, her mother, and her brother. How would the properties devolve-(1) under the Mitakshara and (2) under the Dayabhaga ?

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Final Examination in Law.

JANUARY, 1910.

MUHAMMADAN LAW AND THE LAW OF PERSONS.
FIRST PAPER.

Paper-setter-ABDUL RASUL, Esq., M.A., B.C.L.,
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.

Candidates are required to answer only FIVE questions.

FIRST HALF.

Examiner-ABDUL RASUL, Esq., M.A., B.C.L., BAR.-AT-LAW.

1. Explain the doctrine of Return.

State how far the rule of law laid down in the Sirajyah that "neither the husband nor the wife is entitled to the Return in any case" has been modified by recent decisions.

2. Is the wakf of shares in companies and of Government Promissory Notes valid under the Mohammadan Law? Examine and discuss the decision in the case of Kulum Bibi vs. Golam Hossain Cassim Ariff (1905), 10 Cal. W.N., p. 499.

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3. A Mohammadan dies leaving him surviving a daughter, a son's 10 daughter, a daughtes's son, a true grandfather and a full brother.

How would they inherit if

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State the rules and principles on which your answer is based.

4.

How is Legitimacy established under the Sunni Law?
Discuss the principle laid down in Ashrafuddowla Ahmad Hossain
Khan vs. Hyder Hossain Khan (1866), 11 Moo. I.A.,

P.

94.

Or,

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Define hiba, mushda and marz-ul-mout. Under what circumstances can a gift be revoked? difference between the Shiah and Sunni Laws in this respect?

5.

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Is there any

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A Sunni Mohammadan dies leaving a minor son B, of the age of 5 years, by a predeceased wife, a daughter of full age by another

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