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2. (a) When and under what circumstances can a vendor of goods exercise 15 the right of resale or the right of stopping goods in transit ?
(6) G, who lives and trades in Hongkong, sells to P, a merchant of Bombay, in compliance with his order dated 10th June 1901, 2,000 bales of White Satin. P sends his own ship to Hongkong to fetch the bales. G delivers them on board the ship, but takes bills of lading from the master, making the bales deliverable to G's order or assigns. The goods arrive at Bombay, but before they are delivered to P he fails and is adjudicated an insolvent. The master receives a telegram from G, who has not received the price of the goods, asking him not to deliver the goods to P or any one else, and a few minutes after the receipt of this telegram the Official Assignee demands and obtains delivery of the goods. Can G maintain any action, and if any, what action against the master or the Official Assignee, or both ?
(c) In the above case, supposing the telegram had been sent by X in G's name but without G's authority, and G had ratified Y's telegram, but only after the Official Assignee had obtained delivery of the goods. Under the circumstances could G still maintain an action against the master or the Official Assignee, or both ?
3. (a) What exceptions are made by the Contract Act to the rule Nemo 12 dat quod non habet ?
(6) X, Y, Z are Hindus who own two diamonds in common. X is left in possession of both diamonds, with the consent of Y and Z. X sells one diamond to Q, and pledges the other with R, without the knowledge or consent of Y and 2. What remedies, if any, have Y and Z against
4. (a) To what extent is a wife her husband's agent (a) when both live 10 together, (6) when they live apart ?
(6) G and P, wife and husband, live together. G the wife, contracts debts for her own purposes, and as security for payment of such debts pledges with V a diamond necklace, the sole property of her husband, which has been left in her charge. The time for payment of the debts has become overdue. and V, after giving due notice to G but without knowledge of P, sells the necklace to one S. Can P recover the necklace from $?
5. A firm consisting of F, G and H, with assets worth £60,000, has to pay debts to the extent of £80,000 to A. F has a separate property worth £20,000, G has a separate property worth £30,000, and I has property worth £28,000, F is indebted on his own account to K to the extent of £15,000, G is indebted to the extent of £21,000 to M, and similarly a to the extent of £28,000 to N. What will 4, K, M and N respectively realise towards the debts due to each of them?
6. (a) What is a Shah Jog hundi ? (6) On the 5th October 1892, the plaintiff at Bijapur having bought a Shah Jog hundi drawn upon B in Bo nbay endorsed it to the Pestonji Mancherji and sent it to him by post for realisation. In the course of transmission the hundi was stolen and the name of Pestanji Muncherji expunged, and that of Sorabji Framji substituted. On the 9th of October 1892 the hundi was presented for payment to B by a person giving bis name as Sorabji Framji, and B, without enquiry as to the respectability or position of the person calling himself Sorabji Framji, paid it to him. Will the plaintif succeed in recovering the amount of the hundi from B ? 7. (a) What is an authority coupled with an interest ?
8 (6) A owes to B Rs. 5,000 and in consideration of the debt gives a general power of attorney to B to sell a house, the property of A, and out of
the sale proceeds to pay the debt due to himself, and to pay the balance, if any, to A. Before the house is sold A revokes the power of attorney and two months afterwards he dies. Six months after his death, and in spite of protests from A's executors, B sells the house for six thousand rupees and appropriates the whole of the sale proceeds. You are asked to advise A's executors.
8. What property may and what property may not be transferred under 9 the Transfer of Property Act ?
9. What rights has a vendor of immoveable property against the vendet, 10 and what are the liabilities of the former to the latter ? 10. (a) What are valued and what are open policies ?
11 (6) Differentiate between General and Particular Average. (c) Give instances of Maritime Lien.
TUESDAY, 26TH NOVEMBER,
Securities for money, and Specifio Relief.
should be cited. 1. What is the doctrine of election in equity ? Illustrate your answer 8 with one example.
2. In what modes can trusts be extinguished ? Does a prohibition by a 10 settlor against determining a trust prevent the beneficiaries from doing so, if they are all sui juris ?
3. What is laches ? What is the effect of laches in suits to enforce 12 specific performance; to avoid a voidable gift; and against trustees for breach of trust?
In 1890 X entered a religious association and made a conveyance of all her property, without independent advice, to the association. She left the associ. ation in 1895; since 1899 she has been aware that her gifts were voidable : can she now sue to set them aside ? Would there be any difference in your answer if X had become aware in 1896 that her gifts were voidable?
4. What is meant by consolidation of Mortgages ? What advantage does 10 the right of consolidation give? What is the law in India on consolidation of mortgages ? 5. Enumerate the principal duties of trustees.
12 X, a trustee, having trust funds on hand instructed a reputable broker to buy stock authorised by his trust deed. In due course the broker produced to the trustee a document which to an ordinary person appeared to be proof that he had bought the stock. Then the trustee paid the brokers large sum out of the trust fund. Now it appears that the document was a forgery and that owing to the insolvency of the broker the trust money has been lost. Advise the cestui que trust if he can make the trustee liable for the loss.
6. What are the rights of a person who has executed an English mort 12 gage of his property as against the mortgagee?
The A. B. C. Insurance Co. advanced Rs. 10,000 to Z on the security of mortgages of a contingent estate, and of a policy of assurance on the life of 2 in the A. B. C. Co. for Rs. 50,000. By the contract the Insurance Company was to add the premiums on the policy and the interest accruing on the advance and the premiums, to the mortgage debt; and it was stipulated that if 2 died before the contingent estate fell into Z's possession, that the policy of assurance was to be the absolute property of the Company. Z died shortly after the transaction was completed, and his executors now seek to redeem the mortgage on the life policy notwithstanding the stipulation above mentioned. Advise the Insurance Co. as to its rights.
7. What is a declaratory decree? What must a person be able to prove 10 in order to entitle him to obtain one ? 8. What is the equitable doctrine of notice ?
8 X assigned his interest in a chose in action to A who did not trouble to give notice to the legal holder 0. X at a later date again assigned his interest in the chose in action to B. B at once gave notice of the assignment to O. What are the respective rights of A and B ?
9. State the rule in Keech vs. Sandford. On what equitable principle does 8 it rest? 10. What is an injunction ? What is its object ?
10 X travelled without a ticket on the O. P. Railway with intent to defraud the Railway Company. He was fined Rs. 5 by a magistrate in consequence. The 0. P. Railway Company have published on the walls of their stations an announcement of X's conviction. Advise X whether he can obtain an injunction against the Railway Company to prevent further publication of the libel,
TUESDAY, 26TH NOVEMBER.
[2 P.M. TO 5 P.M.]
N.B.-Reasons should be given for each answer. Decisions should be cited.
2. (a) When are principals liable for the torts of the contractors they 12 employ?
(6) The A. and B. Railway Co. employ X. Y. and Co. to erect a station, retaining a power of supervision during the progress of the work. X. Y. and Co., in course of the work, erected an obstruction on the public highway, which caused injury to P. Who is liable to P in damages ?
3. A and B are employed by C in a factory which has several depart. l.) ments and is fitted with suitable machinery. While B is employed in his work A passes by bim on his own business, and sustains severe injuries which cause his death on account of B's negligence and unskilful conduet in the use of machinery, C also dies within a month of A's death and A's executors file a suit for compensation against C's executors. What must the plaintiffs in the suit prove in order to succeed ?
4. (a) In an action for deceit brought by X against Y, what facts should X allege and prove against Y?
(6) What did the House of Lords decide in the case of Derry vs. Peek ?
5. With what limitations, statutory or otherwise, has the maxim Sie stere 12 tuo ut alienum non lædas been acted on in civil courts ?
(a) committed in one transaction ;
(c) made up of acts which are themselves offences singly?
(a) one act is abetted and another act is done ;
that of the abettor ? 9. Wþat must in your opinion be proved to secure a conviction for 12 cheating,' 'forgery' and · bigamy'? What defence is open to the accused in a case of bigamy'? How does the religion of the accused affect his defence ?
10. (a) A, a judgment-debtor whose standing crops are attached, harvests 16 them while the attachment is in force.
(6) B and C employ A to sell their bags of paddy. A sells them to M from whom he received the full price. B claims it from A who declines to pay it to him, until the dispute between him and C is settled. A being prosecuted pleads that some of the bags for which the price is claimed by B were given to him by C whose evidence however on the point is disbelieved by the court, but A proves that during the trial C has sued him for the amount.
(c) A being summoned by a Magistrate to appear at a particular station and at a particular time, failed to attend. On the day fixed the officer was absent from the station,
(d) A paze in the character and service roll in the custody of A, a police officer, apparently containing remarks unfavourable to him, had been taken out and a new page with favourable remarks purporting to be written and signed by superior officers had been inserted in its place, the intention being to favour the chances of his promotion.
Discuss A's criminal liability in each case. What difference will it make if in (d) 4 himself is proved to have made the insertion,
WEDNESDAY, 27TH NOVEMBER.
[10 A.M. TO 1 P.M.]
The Law of Evidence, Civil Procedure including Limitation, and
1. Define :-Decree-holder,' 'mesne profits,' offence,' charge, com- S plaint,' ` good faith,' 'facts in issue,' disproved,''accomplice,' evidence' and proof.
2. How many kinds of misjoinder are dealt with in the Civil Procedure 10 Code? What is the time to take objections for misjoinder and what is the procedure to be followed by the Court in each case ?
3. When does an adjudication become res judicata between co-defend. 12 ants ?
(a) In 1882 two Mahomedans A and B sued as sharers to recover their shares from C, D and E, alleging that they and their other co-sharers, the defendants, were entitled to share in the plaint property. D pleaded that a garden forming part of the property in suit was not subject to division. But his plea was unsuccessful anil a decree was passed for plaintiffs. C was ex parte in the suit. M, the mortgagee of C's share in the garden, now sued C, D and E for possession of that share. D contended that the garden was not divisible among the sharers but was his separate property.
Does the decision in the previous suit operate as res judicata ?
(6) M sued A for a sum of money in 1879 alleged to be due by A's father. A being then a minor was represented by his mother and guardian ad litem. She entered into a compromise consenting to the sum being decreed against the estate of A, M giving up his costs. A decree was given in accordance with the compromise. One Pas A's next friend instituted a suit in 1882 against M for the purpose of setting aside the decree in the suit of 1879, on the ground that it had been obtained by fraud practised on A's guardian ad litem. The suit was dismissed on the ground that no fraud was made out. In 1884 an application purporting to be for review was made in the suit of 1879 to the successor of the Subordinate Judge who tried the suit, on the ground that the compromise was entered into without the sanction of Court as required by Section 462 of the Code of Civil Procedure. He rejected it holding that in effect, though not expressly, sanction had been given.
A, having since come of age, now institutes a suit praying that the consent decree in the suit of 1879 be set aside, on the ground that his mother was induced to enter into the compromise by fraud and that Court's sanction was not obtained for the compromise.
Discuss the legal effect of the previous proceedings. What would be your answer if the application of 1834 had been made to the Subordinate Judge who decided the suit of 1879 and had been rejected by him?
4. How many kinds of estoppel are recognized in the Evidence Act ? 10 What are the three classes of estoppel according to English Law?
5. Discuss fully the law as to the effect of inducements upon the admis. 12 sibility of confessions.
6. Under what circumstances may Courts exercise their powers of trans. S ferring and withdrawing criminal cases ? What is the procedure to be followed by Courts in these matters?