VIII. FIRST EXAMINATION FOR THE DEGREE OF LL.B. NOVEMBER. EXAMINERS. JAFFER RAHIMTOOLA, B.A. J. R. GHARPURE, B.A., LL.B. MONDAY, 19TH NOVEMBER. GENERAL JURISPRUDENCE. 1. Distinguish between (a) Will and Motive. (b) Unconstitutional and Illegal. (c) Law and Positive Law. (d) Real and Personal Servitudes. 2. Enumerate the different kinds of simple Pleasures and Pains according to Bentham. 3. State and discuss the various Methods by which "Ownership" can be acquired according to Dr. Markby. 4. Assuming an individual to be prima facie liable for the consequences of an unlawful act which he has committed, describe the various grounds on which, in accordance with ordinary legal principles, he might be exempted from liability. 5. What jural phenomena does Maine find existing antecedently to Codes ? Name as many instances of Codes among early Societies as you can. What agencies according to Maine modify law after the development of Codes ? 6. Austin says that a sovereign lies under no legal duties towards his own subjects and has no legal rights against them. Examine these propositions and show their applicability or otherwise in the following cases: (a) A, a blacksmith, is dismissed from the Royal Arsenal without any cause and is not paid his wages. (b) X, a broker, purchases from the Custom House some confiscated contraband, but is subsequently unable to pay for it. 7. “No man can take advantage of his own wrong." Explain this maxim, giving examples. 8. "Ignorance of fact excuses-Ignorance of law does not excuse.” Discuss shortly this principle and apply it in the following case : (a) A, a captain of a ship belonging to the Navy, brought to England private treasure along with public treasure for a freight and paid one-third of such freight according to an established usage in the Navy to the Admiral under whose command he sailed. Discovering, however, that the law did not compel captains to pay one-third of the freight to the Admiral, he brought an action to recover the amount. Could he do so? 9. "There is no wrong without a remedy." Discuss this maxim in all its bearings, illustrating your remarks. MONDAY, 19TH NOVEMBER. [2-30 P.M. TO 5-30 P.M.] ROMAN LAW. 1. State and explain the main divisions of Law as laid down by Justinian, and mention and describe briefly their sources. What was the edictum perpetuum? Compare and contrast the Prætorian legislation with the English Equity. in 2. Explain clearly the patria potestas of the Roman Law, and compare and contrast it with those of the Greeks. Mention and describe briefly the ways which it terminated. 3. Define Tutelage. Mention the modes by which Tutors were appointed. Under what circumstances were persons excused from acting as Tutors and Curators ? 4. Determine the rights and liabilities of A and B in the following cases:-(i) A builds a house upon his own ground with materials belonging to B. (ii) A builds a house with his own materials upon B's ground. (iii) A (a) writes a poem, (b) paints a picture, on a paper belonging to B. N.B. In all cases B's consent is not obtained. 5. What is possessio? What are its essential elements? When and under what circumstances could property in things be acquired by possessio? 6. What are military testaments? How do they differ from ordinary wills? Mention fully the persons by whom and the circumstances under which such wills could be made. 7. What is a Substitution? How does it differ from an ordinary Institution? Mention the kinds of substitutions given by Justinian. A testator institutes A and B as his heirs. He substitutes B to A, and C to B. A and B do not take. Determine the position of C. 8. Mention the forms of legacies known to the Romans and enumerate the kinds of things which could be given as legacies. Write a short note on the Lex Falcidia indicating clearly the changes it introduced into the older testamentary law. 9. What are the provisions of the Roman Law with reference to the contract of " suretyship? What were the rights and liabilities of a fidejussor ? How would you distinguish them from those of adstipulators or fidepromissors ? FIRST EXAMINATION FOR THE DEGREE OF LL.B. JUNE. EXAMINERS. J. R. GHARPURE, B.A., LL.B. TUESDAY, 11TH JUNE. [10-30 A.M. TO 1-30 P.M.] GENERAL JURISPRUDENCE. 1. "Legislation has the same centre with morals, but it has not the same circumference." Explain and discuss this remark with reference to the limits which separate morals from legislation. 2. Enumerate and discuss some of the chief indirect means the legislator may employ for preventing offences. 3. What are the agencies according to Maine by which Law is brought into harmony with Society? What is their relative importance and what part have they played in the development of either the English Law or Roman Law? 4. How does Austin arrive at his conception of Positive Law? Discuss the correctness or otherwise of the view that International Law is merely a branch of Positive Morality. 5. Distinguish, giving one example of each, between (a) Absolute and Relative Duties; (b) Obligation, Sanction, and Physical Compulsion; (d) Pledge and Lien. 6. What are Corporations Sole? Give instances. 7. What is the legal notion of Possession? Apply it in the following cases :-(a) Acquisition of possession of land; (6) Acquisition of possession of moveables; and (c) Capture of wild animals. 8. Trace the origin of the Law of Prescription. 9. He is not to be heard who alleges things contradictory to each other. Explain this Rule, and apply it to the Doctrine of Estoppel, distinguishing the various kinds of Estoppel recognised by English Law. 10. In Law the immediate and not the remote cause of any event is regarded. Explain this Maxim giving instances of its application to decided cases. WEDNESDAY, 12TH JUNE. ROMAN LAW. 1. Give a complete classification of persons as made by Justinian. How many classes of slaves are referred to by him? Mention and describe their origin fully. 2. Mention in detail the circumstances under which a marriage was prohibited under Roman Law. What was the position of women before and after marriage? Explain the statement "A woman is the beginning and end of a family." 3. What were the rights and duties of tutors and curators under Roman Law? How and when did these terminate ? 4. Describe the forms of Adoption mentioned in Roman Law and state the changes introduced by Justinian and their effects. Who could, and who could not adopt? 5. Define Usucapio. Explain the object and consequences of usucapio prior to Justinian's time, and the kinds of goods to which it then applied. What changes did Justinian introduce? 6. How many kinds of gifts are mentioned in Roman Law? State the essentials of a valid gift. What is a donatio mortis causa? Give its essential characteristics and distinguish it from (1) other gifts and (2) legacies. 7. State briefly the principles of Intestate Succession in Roman Law. What was the position of the sui heredes before and after Justinian ? 8. What is a locatio conductio? Mention and briefly describe its species. What were the rights and liabilities of parties to it and how were they enforc ed? 9. Define novatio. In what ways could it be effected? How was it effected in the case of (1) stipulations (2) personal actions generally? 10. Explain the terms Crime, Tort, and Sin and distinguish them from each other. Write a short note on Criminal law comparing the modern and ancient conceptions of these terms. IX. SECOND EXAMINATION FOR THE DEGREE OF LL.B. NOVEMBER. EXAMINERS. BASIL N. LANG, B.A. RAMDATT W. DESAI, B.A., LL.B. MONDAY, 26TH NOVEMBER. PAPER I. Succession and Family Rights with special reference to Hindu and Mahomedan Law. 1. State the canon of succession to a divided childless Hindu, giving explana· tions where necessary. A, a Hindu, died possessed of considerable moveable and immoveable property including a vatan. He left him surviving only a widow. What would be the extent of the widow's rights in the said properties as regards alienation ? reasons for your answer. Give 2. Under what circumstances do females inherit property for life and absolutely? What are the grounds for the distinction? A, a Hindu, leaves him surviving a widow, two sisters and two sons of a pre-deceased sister. Who would be the heirs to A's property and what would be the extent of their interests ? 3. What is meant by co-parcenary and inheritance? How far do the two resemble and what are the points of difference between them? A, B, C and D are members of an undivided family. A brought a suit to recover possession of his share by partition of the family property and got a decree awarding him a certain share. Being dissatisfied with the decree A appealed and died pending appeal leaving only a widow. What effect would A's death have upon the decree, the rights of B, C and D and A's widow? 4. Define adoption. What are the essentials of a valid adoption according to the text writers and judicial decisions ? A adopts B who is an adult having four sons. Before the adoption, two of B's sons had their thread ceremonies performed in the original family. What would be the effect of the adoption on B's sons? In which family would they have a right of inheritance, whether in the family of their birth or in the adoptive family? Give reasons. 5. The text writers have laid down the proposition "one who takes assets must pay debts." Give shortly the history of modifications made in the said proposition by judicial decisions. 6. Define will. What are the essentials of a valid will? A testator bequeathed his property to his wife and son with a direction that during their life-time they both should carry on management and after the death of one of them the survivor should continue to do so, and after the death of the survivor the property should go to the sons of the testator's son. During the life-time of the testator his son had no son born to him. Some time after the death of the testator his son died leaving his mother and two minor sons. How far can the said will be valid and effective, and what would be the effect of the devise on the testator's widow ? 7. What are the classes of heirs according to Mahomedan Law and what persons are included in each class ? Define pre-emption. Who can claim it and which a claim to it can be evaded? Define a gift according to Mahomedan Law. what are the legal devises by What are the essentials of a valid gift according to that Law and how far are they now observed ? 8. Define marriage according to Mahomedan Law. What are its essentials and effects? State the doctrine of increase and in what cases does it take effect? 9. What were the objects of passing the Indian and Parsi Succession Acts? What is a privileged will? How can it be made, and what are the rules governing its execution? What is meant by the expressions Donatio mortis causa and Grants de bonis non? 10. Under what circumstances can the grant of probate or letters of administration be revoked? What is the effect of grant of probate or letters of administration and how far is the grant conclusive ? B 1170-11 ex |