CRIMINAL LAW. Paper-setter-THE HON. MR. JUSTICE SYED HASAN IMAM. 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 BANKIMCHANDRA SEN, M.A., B.L. 1. When is it permissible to examine a witness for the prosecution 10 in the absence of the accused, and under what circumstances can the deposition so taken be given in evidence against the accused at his trial? Or, State the duty of the Jury in a Sessions trial. 2. State the duty of the Judge in cases tried by Jury. Or, State the procedure where the Sessions Judge disagrees with the verdict of the Jury. 3. When is a Court of Appeal authorized to alter or reverse the verdict of a Jury? Or, 10 10 State the manner in which a case is to be disposed of when the Judges composing a Court of Revision are equally divided in opinion. 4. State the provisions laid down in the Code of Criminal Pro- 10 cedure relating to search for a person confined under such circumstances that the confinement amounts to an offence. 66 Or, State the grounds of objection that may be taken to a juror. 5. Briefly state the constitution of the Criminal Courts in England. 10 (a) "Public servant", (b) "Judge", (c) Court of Justice", (d) Dishonestly ", (e) "Fraudulently.' 10 2. State the acts against which there is no right of private defence. 10 Or, When is culpable homicide not murder? 3. When is a person entering into or upon property in the pos- 10 session of another guilty of criminal trespass? Or, When is an assembly of men an unlawful assembly? 4. When is a person said to "use criminal force" to another? Or, When is a person said to kidnap another from lawful guardianship? 5. 10 Is deprivation of property, actual or intended, an essential 10 element in the offence of fraudulently using as genuine document which the accused knew or had reason to believe to be false? Name the case in which this question was discussed and decided by the High Court of Calcutta. Preliminary Examination in Law. JUNE 1914. JURISPRUDENCE. Paper-setter-DR. SATISCHANDRA BANERJEE, M.A., LL.D. 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. Examiners— { B. K. ACHARYYA, ESQ., B.A., LL.B. Only FIVE questions are to be answered. 1. 2. 3. How is Ethic related to Nomology? Define Positive Law.' Distinguish between rights at rest' and 'rights in motion.' Give illustrations. 4. Upon what principles may the field of law be divided ? Which do you accept, and why? 5. State and examine the objective theory of contract. 6. How may wrongful acts be classified? Which principle do you select, and why? 7. What circumstances affect the solution of the question as to the Lex applicable to any set of facts? If an Arab in Calcutta assaults a Chinaman, by which law and where will he be tried? SECOND HALF. S. M. BOSE, Esq., M.A., LL.B. Only FIVE questions are to be answered. 1. Distinguish between- (a) laws proper and conventions, (b) rigid and flexible constitutions. 10 10 10 10 10 2. What do you understand by the equality of all persons before 10 the law? Give an instance to show how the English law protects private citizens from illegal treatment by political persons. 3. "The Indian constitution comes nearer to that of a Crown Colony than to that of any of our other dependencies." Explain. 10 4. Sketch early political ideas regarding grounds of community 10 n political functions. What is the principle of local contiguity? 5. "The Jus Naturale or Law of Nature is simply the Jus Gentium 10 or Law of Nations seen in the light of a peculiar theory." Explain. 86. “The conception of a Will or Testament is a member, and not 10 the first, of a series of conceptions." Develop. 7. "All Property is founded on Adverse Possession ripened by 10 Prescription." Explain and examine. ROMAN LAW AND LEGISLATION. Paper-setter-S. C. Roy, Esq., B.A., LL.B. The figures in the margin indicate full marks. Candidates are required to give their answers in their own words as far as practicable. Answer only FIVE questions in each Half. 2. Describe the conditions which made it necessary to have the 10 "Law of Citation." 3. Distinguish between the rights of a freeman and those of a freed man. 4. Describe shortly the ceremony of adoption in ancient Rome. 10 10 5. How was a will made in the time of Justinian? Compare it 10 with a modern will. 6. Describe shortly the judicial system under the Empire. 10 7. Mention and illustrate the different modes of original acqui- 10 sition of property. 8. 2. 66 Write a short note on the subject of Mandate." SECOND HALF. N. C. SEN, Esq., M.A. Examiners- {N: P. CHATTERJEE, ESQ., M.A. 1. Define the limits which separate morals from legislation. How far can you support the theory "the less law the more liberty"? Consider this especially with reference to Government paternalism. 10 3. "The whole of Government is but a tissue of sacrifices." trate this remark. 4. What are the general principles of legislation so that laws may conform to general expectation? Illus- 10 10 5. How far should the State interfere in the matter of competition in trade and industry? 10 6. To what extent should a legislator interfere between father and children? 10 7. Do you recognize any such thing as "a right to work"? Should the State legislate with regard to this matter? 10 8. "To the scientific student of human history it seems almost certain that slavery was a necessary step in the progress of humanity." Illustrate and comment on this statement. 10 HINDU LAW. Paper-setter-BABU TARAKISOR CHAUDHURI, M.A., B.L. The figures in the margin indicate full marks. Candidates are required to give their answers in their own words as far as Examiners practicable. Answer FIVE questions only from each Half. { FIRST HALF. BABU JYOTIPRASAD SARBADHIKARI, M.A., B.L. 1. (a) What are the different kinds of marriages recognized by 5 Hindu Law in early times? Which of these are accepted as valid in modern times ? Or, What are the rules that define the relations between whom marriage is prohibited in Hindu Law? 5 Give (b) A (a Brahmin) marries B who is his father's sister's daughter's daughter. Is the marriage valid according to Hindu Law? reasons for your answer. 2. (a) What are the different kinds of sons recognized by Hindu Law in early times? Which of these are recognized as valid for purposes of inheritance in modern times? Or, What are the rules that define the relations who can not be taken in adoption? (b) In accordance with a general authority to adopt given by her husband, a Hindu widow adopts a son of her own brother. Is the adoption valid? Give reasons for your answer. 3. (a) A by his will directs his wives B and C to adopt each a son to him at the same time. On A's death B adopts D, and C adopts E 5 5 5 at the same time as directed by A. Is there any objection to the validity of these adoptions? (b) If the direction in A's will was that the senior widow B 5 should adopt first, and on the death of the son so adopted unmarried. the younger widow C should take a son in adoption; but on A's death B and C made adoptions at the same time; would the adoptions be valid? Or, Would it make any difference in this case if the authority to adopt given by A did not specify the order in which the adoptions were to be made by his two wives, but was only a general authority given to each of his two widows to adopt a son to him? Give reasons for your answer. 4. (a) A dies leaving authority to his wife B to adopt two sons in succession one after the death of the other. On A's death B at first adopts C, who however dies leaving a widow D and no issue. Some time after during the lifetime of D, B adopts E. Is the adoption valid? (b) Would it make any difference, if at the time that В makes the second adoption, D is dead? Would the result be different if D, the wife of C, had predeceased him? Give reasons for your answer. 5. In what respects is the right of transfer of ancestral property possessed in modern times by the father in a family governed by the Dayabhag school of Hindu Law, different from that of the father in a family governed by the Mitakshara school of Hindu Law? State your answer with reference to decided cases. 5 10 6. A by his will provides that his executors shall after his 10 death establish a Thakur to be named Madanmohan and that the profits of all his properties shall be employed for ever in the performance of the sheba and pooja of that Thakur. The executors establish a Thakur several years after the death of the testator. No Thakur being in existence at the testator's death, will the principle laid down in the Tagore Case that no person can take under the will of a Hindu who is not in existence at the testator's death, make the aforesaid provision in the will of A void? Give reasons for your answer. Or, A has got a Thakur named Madanmohan established in his house. By his will he declares that on his death some of his properties, which he specifies, shall belong to his Thakur Madanmohan, and be employed in the performance of the sheba and pooja of that Thakur by his son B. whom he appoints shebait. Some time after A's death, the image of the Thakur becomes broken and is destroyed. Does the disposition in favour of the Thakur fail? Give reasons for your answer. 7. When is property called the self-acquired property of a coparcener? Can a person who has received all his education (including his education as a law student) at joint family expense, claim his earnings as a pleader as his self-acquired property? Give reasons for your answer. 10 |