शारीरभाष्ये । ७. ' इतश्व कारणादनन्यत्वं कार्यस्य यत्कारणं भाव एव कार- ११ णस्य कार्यमुपलभ्यते नाभावे । तद्यथा सत्यां मृदि घट उपलभ्यते नाभावे सत्सु च तंतुषु पटः । न च नियमेनान्यभावेऽन्यस्योपलब्धिर्दृष्टा । नह्यश्वो गोरन्यः सन् गोर्भाव एवोपलभ्यते । न च कुलालभाव एव घट उपलभ्यते । सत्यपि निमित्तनैमित्तिकभावेऽन्यत्वात् ' अयं ग्रन्थः प्रतिवाक्यं सावतरणो व्याख्येयः । ८. ' व्याप्तेश्च समंजसम् ' अस्मिन्सूत्रे प्रतिपादिताः अध्यासाप- ८ बादैकत्वविशेषणपक्षाः सलक्षणाः सोदाहरणाः प्रदर्शनीयाः । ९. 'आत्मा विकारः उपादानकारणत्वात् मृत्तिकादिवत् ' < अनेनानुमानेनात्मनोपि विकारत्वं प्राप्नोति । अत्रोत्तरमुच्यताम् । १०. ' साम्पराये तर्तव्याभावात्तथा ह्यन्ये, 'इतरस्याप्येवमसंश्लेषः १० पातेतु,' 'न तृतीये तथोपलब्धे:, ' ' अनुस्मृतेश्च,'' प्राणभृच्च, ' ' गतिसामान्यात् ' एषां सूत्राणामर्थो लेख्यः । ११. परमतः सेतून्मानसंबंध भेदव्यपदेशेभ्यः ' एतदधिकरणं ८ विवेचनीयम् । १२. ननु वस्तुबलेनैवायमकर्त्रात्मावबोधः कर्माणि क्षपयन् ८ कथं कानिचित्क्षपयेत् कानिचिचोपेक्षेत । नाही समानेऽग्निवीजसंपर्के केषांचिद्वीजशक्तिः क्षीयते केषांचित्र क्षीयते इति शक्यमङ्गीकर्तुमिति ' एतद्वयाख्यायास्य परिहारो वक्तव्यः । शुद्धलेखनस्य 2. State the disadvantages pointed out by Austin of Codification and 12 Judiciary Legislation. 3. "Austin's view is that Customary Laws are not Positive Laws until 8 their existence as such is declared by the decisions of the Courts; but this view is clearly erroneous Sir W. H. Rattigan. Point out where the error lies in Austin's view. 4. Give very briefly the early history of— 5. Testamentary Succession. 8 "Ignorance of Law is no excuse"; this legal maxim, says Dr. 10 Markby, is not generally speaking true. State the grounds of his opinion. State also Austin's views on that maxim. 6. Mention the constituent elements of a Contract, and distinguish a Contract from a Conveyance. 10 7. State the difference between Ownership and Possession, and give the 15 main outlines of Savigny's analysis of the legal conception of Possession, as reproduced by Dr. Markby. 8. Give Bentham's definition of Expectation, and state what conditions 10 are necessary in the frame, promulgation and administration of laws in order that they may conform to general Expectation. 9. State the two fundamental principles which Bentham says should be 8 observed in framing penal codes. 10. Show how it is that in the infancy of jurisprudence, the citizen depends for protection against violence or fraud not on the Law of Crime but on the Law of Tort. MONDAY, 18TH NOVEMBER. [2 P.M. TO 5 P,M,] ROMAN LAW. 1. Give a brief account of the changes effected by Justinian in the law 10 relating to the manumission of slaves. 2. State for whose protection Tutors and Curators were appointed, and 10 what precautions were taken to guard against their misconduct. 3. Explain the following terms:-Auctoritas, dos, caduca, fidejussor, 10 and replicatio. 4. Explain the difference between usucapio and longi temporis 10 possessio as it existed before and under Justinian. What things could be acquired by usucapio? 5. State by whom and under what circumstances the action de inofficioso 10 testamento could be maintained. How was the right to bring the action extinguished? 6. State the changes brought about by the senatusconsulta Tertullianum 10 and Orphitianum in the law of Intestate Succession. How were they modified and supplemented subsequently? 7. Mention the different kinds of partnership and enumerate the 10 modes in which it could be dissolved. 8. How far is the distinction between Delicts and Quasi-delicts well- 10 founded? Give the instances of quasi-delicts mentioned in the Institutes. 9. What was meant by litis contestatio under the Formulary system and 10 in the time of Justinian ? Illustrate the difference between its effects under both those systems of procedure. 10. State how reckless litigation was checked in the days of Gaius and 10 of Justinian, X. SECOND EXAMINATION FOR THE DEGREE OF LL.B. EXAMINERS. NARAYAN VISHNU GOKHALE, B, A., LL.B. P. J. PADSHAH, M.A. A. K. DONALD, Esq. MAHADEV VAMAN BHAT, B,A., LL.B. SECOND EXAM. For the degree OF LL.B., 1901-1902. cccxxv Succession and Family Rights with special reference to Hindu and 1. State the provisions of the Indian Succession Act relating to the execu- 10 tion and revocation of privileged and unprivileged wills. What is the effect of an alteration made in any unprivileged will? How can an unprivileged will or codicil which has been in any manner revoked be subsequently revived? 2. (a) A bequeaths to B 5,000 rupees, being part of a debt due to him 10 from M. He also bequeaths to C 5,000 rupees to be paid out of the debt due to him from M. The debt due to A from M is 7,500 rupees. What are the respective rights of B and C ? (b) A testator bequeaths the residue of his property to N, a minor, to be paid to him when he shall attain the age of 18. To whom does the produce of the residuary fund from the testator's death belong? (c) A testator bequeaths the residue of his property to X, if and when he shall complete the age of 18. Is he entitled to the income which has accrued since the testator's death after attaining the age of 18 ? (d) A bequeaths the interest of his five per cent. promissory notes of the Government of India to B for his life, and after his death to C. What is Centitled to? (e) A is the owner of ten shares in a railway company. At a meeting held during his life-time a call is made of 60 rupees per share, payable by three instalments. A bequeaths his shares to B and dies between the day fixed for the payment of the first and the day fixed for the payment of the second instalment and without having paid the first instalment. B accepts the legacy. State the extent of his liability. 3. Who are recognized as legal guardians under Mahomedan law and 10 what are their powers? (a) Certain property was mortgaged by a Mahomedan for thirty thousand rupees in 1880. Five years afterwards he died, leaving a widow and a minor son. The widow sold the property in 1890 to P in order to pay off the mortgage and other debts of her deceased husband. P now sued her and her minor son for possession of the property in question and for mesne profits. It was contended by defendants that they were not bound by the unauthorised sale. The Court of first instance disallowed the contention and decreed the plaintiff's claim. Is the decision right? (b) The uncle of a minor Mahomedan purporting to act as the minor's guardian made a mortgage of certain property belonging to the minor and on the same day took a lease of the shops which formed part of the mortgaged property in favour of the minor. A portion of the rent due under this lease being in arrears, the mortgagee sued the minor to recover rent. Is the mortgagee entitled to a decree in his favour? 4. One Sharfuddin died, leaving him surviving his widow K and two 10 daughters who succeeded to his property. In 1875 K alone mortgaged it to M with possession. In 1881K and her two daughters made a gift of the property to N under a duly registered deed of gift. In 1887 K mortgaged the property to the heirs of M. In 1889 K and her daughters sold the property to P and in 1890 they revoked the gift to N by a notice in a local newspaper. The vendee now brings a suit against the heirs of M to redeem the lands. The defendants contend that plaintiff is not entitled to redeem on the ground that the property was given to N in 1881 by way of gift and that he acquired nothing by his purchase in 1889. Are the defendants right in their contention ? B 1964-28 ex 5. By what law are Khojas, Cutchi Memons, Borahs, Molesalam Girasias and East Indians governed in matters of inheritance and succession ? 8 6. State the circumstances which exclude a Hindu or a Mahomedan from 11 inheritance, totally or partially. 7. State the leading provisions of Act XV of 1856 (Hindu Widow 10 Marriage). A, a Hindu, had a wife, B, and he married as his second wife, C, who had by her first husband an only son, D. After A's death C gave and B took D in adoption. D now brought a suit against A's sister who was in possession The Court of first instance decreed of 4's property to recover the estate. the plaintiff's claim. Can you uphold this decision ? 8. Explain the terms Sapindas, Gotraga Sapindas and Bandhus. 9 9. Who is entitled to inherit the property of the deceased in the following 12 cases? : (a) A Hindu died, leaving two paternal uncles who had already sepa- (b) A Hindu inhabitant of Bombay dies, leaving a brother's son, a (c) The only surviving heirs of a Hindu are his four daughters, A, B, (d) A Hindu dies, leaving the sons of a divided paternal uncle and 10. N, a Hindu, died in 1875, leaving two widows, M and A. A was 10 delivered of a son on the day following his father's death. The son died in 1876. On the day preceding N's death he bequeathed his ancestral property to M by a will which was duly executed and registered. A claimed to succeed to the property as the mother and heiress of her son and as such granted a lease to D. Her right to make this lease is contested by Min a suit instituted by her against D. Who is entitled to succeed in this suit and on what grounds? Is an alienation by a Hindu to a bond fide purchaser for value liable to be set aside by a son who was in gremio matris at the time of the alienation? If so, to what extent and subject to what equities? MONDAY, 25TH NOVEMBER. The Law of Contracts and of the Transfer and Lease of N.B.-Reasons should be given for each answer. Decisions should be cited. 1. How are Coercion and Undue influence defined in the Contract Act? 8 How does Coercion differ from Duress under the English Law? |