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Paper Vi Gen Acts

Paper Vi Gen Acts

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Published by legallyindia
Past Bombay Solicitors papers by the Bombay Incorporate Law Society (BILS), via http://www.legallyindia.com
Past Bombay Solicitors papers by the Bombay Incorporate Law Society (BILS), via http://www.legallyindia.com

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Categories:Types, Business/Law
Published by: legallyindia on Oct 15, 2013
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10/16/2013

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EXAMINATION OF ARTICLED CLERKSPAPER VI
GENERAL ACTS
FRIDAY 9
th
NOVEMBER 2012TIME: 3 hours (1 p.m. to 4 p.m.)[Total Marks – 100]
N:B: FIGURES TO THE RIGHT INDICATE FULL MARKSANSWERS SHOULD BE PRECISE AND CONCISECITE RELEVANT CASE LAWS WHERE APPLICABLE.1.MAHARSHTRA RENT CONTROL ACT, 1999.
a.Discuss any
three
of the following:
(9)
(i) Rights of the Protected Tenant.(ii)Entitlement of the Landlord to recover possession of premises given on licenseon expiry.(iii)Leasehold interest in premises for which a decree for eviction has beenpassed against the judgment debtor and in which he has been staying pendingappeal and over which he has no disposal right.(iv)Provision relating to Standard Rent.b.When can a tenant seek protection under the Rent Act? What are therequirements the tenant is required to comply with if he wants protection under the Rent Act?
(2)
c. Whether the court can fix the standard rents and permitted increase in pendingsuits or proceedings?
(2)
 d. Can possession be taken by the landlord without terminating a subsistingtenancy?
(2)2. RULES OF ETIQUITTE AND PROFESSIONAL CONDUCT.
(a) Discuss the following:
(6)
 (i)Whether lawyers have a right to call for a strike and/or give a call foboycotts of Court/s.(ii)Your client is an NRI and has requested you to stand as a surety for him inone of the tender allotted to him in India.(iii)The lawyer acts for the benefit of his client and is not permitted to share thefruits of the litigation.
 
(b)Distinctionbetweencontempt of court andmisconductby anadvocate.
(4)3.ARBITRATION AND CONCILIATION ACT 1996.
 (a) Whether provisions of Section 41 of Presidency Small Cause Courts Act, 1882would bar jurisdiction of an arbitral tribunal to entertain a claim for specificperformance of an agreement of renewal contained in an agreement of licenceexecuted between a licensor and licensee? Kindly support your answer with acase law.
(4)
 (b) Does an arbitration clause in an agreement nullify the jurisdiction of CompanyLaw Board in the matters of oppression and mismanagement under section397/398 of the Companies Act, 1956? Kindly support your answer with a caselaw.
(4)
 (c) Does Section 2(2) of the Arbitration Act bar the application of Part I of the Arbitration Act, 1996 to arbitrations where the place is outside India? Kindlysupport your answer with a case law.
(4)
(d) Disputes arose between X and Y. As per the agreement between X and Y alldisputes are to be referred to arbitration. Prior to X invoking arbitration, Y dies.Can X invoke arbitration against the legal heirs of X?
(4)4.MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960.
(a) What are the rights and privileges of a nominal member, in the light of theprovisions contained in Section 24 (2) of the Maharashtra Co operative Societies Act, 1960?
(4)
(b) Write a note on any
two
of the following:
(6)
(i) Rights and obligations of an Associate Member.(ii) Co-operative Agriculture and Rural Multipurpose Development Bank.
 
(iii)Manner of settlement of disputes under the Maharashtra Co-operativeSocieties Act.(c) Whether, Section 73 C of the Maharashtra Co-operative Societies Act, 1960,carves out restrictive right to vote for borrower or non-borrower members or allthe members should have a right for electing all the seats of the managingcommittee?
(4)
(d) Whether, separate bye-law of the society can validly be framed for creatingrestrictive right of voting?
(4)5.THE BOMBAY PUBLIC TRUST ACT, 1950.
(a)What are the essential ingredients in creating a private trust in respect of animmovable and moveable property?
(4)
(b) What are the powers of a Charity Commissioner vis-à-vis a Public CharitableTrust? Can a Charity Commissioner suo moto remove /suspend a trustee of theTrust?
(4)
(c) The Trustees of a Public Charitable Trust have negotiated the sale of animmovable property of the Trust and have applied for the permission of theCharity Commissioner under Section 36 of the Bombay Public Trust Act whichapplication is pending. Give us your opinion in brief on the following:
(4)
(i)Will the Charity Commissioner be entitled to entertain an application fopurchase of the property from a third person?(ii)Will the Charity Commissioner be bound to accept the offer of a thirdparty for purchase of the immovable property of the Trust, if the same ishigher compared to the sale already negotiated by the Trust?
6. THE LIMITATION ACT, 1963.
(a) What is the period of limitation provided to file a suit by the plaintiff for possession of immoveable property based on previous possession and not ontitle, when the plaintiff while in possession has been dispossessed?
(3)
 (b) What is the period of limitation provided for an appeal or an application for leaveto appeal from a decree or order?
(2)

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