EXAMINATION OF ARTICLED CLERKS PAPER VI GENERAL ACTS FRIDAY 9th NOVEMBER 2012 TIME: 3 hours (1 p.m. to 4 p.m.

) [Total Marks 100] N:B: FIGURES TO THE RIGHT INDICATE FULL MARKS ANSWERS SHOULD BE PRECISE AND CONCISE CITE RELEVANT CASE LAWS WHERE APPLICABLE. MAHARSHTRA RENT CONTROL ACT, 1999. a. (i) (ii) (iii) Discuss any three of the following: Rights of the Protected Tenant. Entitlement of the Landlord to recover possession of premises given on license on expiry. Leasehold interest in premises for which a decree for eviction has been passed against the judgment debtor and in which he has been staying pending appeal and over which he has no disposal right. (iv) b. Provision relating to Standard Rent. When can a tenant seek protection under the Rent Act? What are the requirements the tenant is required to comply with if he wants protection under the Rent Act? c. (2) (9)

1.

Whether the court can fix the standard rents and permitted increase in pending suits or proceedings? (2)

d. 2.

Can possession be taken by the landlord without terminating a subsisting tenancy? (2)

RULES OF ETIQUITTE AND PROFESSIONAL CONDUCT. (a) Discuss the following: (i) (ii) (iii) (6)

Whether lawyers have a right to call for a strike and/or give a call for boycotts of Court/s. Your client is an NRI and has requested you to stand as a surety for him in one of the tender allotted to him in India. The lawyer acts for the benefit of his client and is not permitted to share the fruits of the litigation.

(b)

Distinction between contempt of court and misconduct by an advocate. (4)

3.

ARBITRATION AND CONCILIATION ACT 1996. (a) Whether provisions of Section 41 of Presidency Small Cause Courts Act, 1882 would bar jurisdiction of an arbitral tribunal to entertain a claim for specific performance of an agreement of renewal contained in an agreement of licence executed between a licensor and licensee? Kindly support your answer with a case law. (b) (4)

Does an arbitration clause in an agreement nullify the jurisdiction of Company Law Board in the matters of oppression and mismanagement under section 397/398 of the Companies Act, 1956? Kindly support your answer with a case law. (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? Kindly support your answer with a case law. (4)

(d)

Disputes arose between X and Y. As per the agreement between X and Y all disputes 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 the provisions contained in Section 24 (2) of the Maharashtra Co operative Societies Act, 1960? (b) Write a note on any two of the following: (i) (ii) Rights and obligations of an Associate Member. Co-operative Agriculture and Rural Multipurpose Development Bank. (4) (6)

(iii)

Manner of settlement of disputes under the Maharashtra Co-operative Societies 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 all the members should have a right for electing all the seats of the managing committee? (4)

(d)

Whether, separate bye-law of the society can validly be framed for creating restrictive 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 an immovable and moveable property? (b) (4)

What are the powers of a Charity Commissioner vis--vis a Public Charitable Trust? Can a Charity Commissioner suo moto remove /suspend a trustee of the Trust? (4)

(c)

The Trustees of a Public Charitable Trust have negotiated the sale of an immovable property of the Trust and have applied for the permission of the Charity Commissioner under Section 36 of the Bombay Public Trust Act which application is pending. Give us your opinion in brief on the following: (i) (4)

Will the Charity Commissioner be entitled to entertain an application for purchase of the property from a third person?

(ii)

Will the Charity Commissioner be bound to accept the offer of a third party for purchase of the immovable property of the Trust, if the same is higher 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 on title, when the plaintiff while in possession has been dispossessed? (b) (3)

What is the period of limitation provided for an appeal or an application for leave to appeal from a decree or order? (2)

(c)

Where a party was pursuing his case in Court which had no jurisdiction, is he entitled to get exclusion of the period spent in such proceeding? Kindly support your answer with a case law. (3) (9)

(d)

Write short notes on any three of the following: (i) (ii) (iii) (iv) Effect of death on or before the accrual of the right to sue. Computation of time mentioned in the instrument.

Provisions for suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act 1908. Continuing breaches and torts.

7.

THE INDIAN TRUST ACT, 1882. (a) (b) Discuss the non liability of co-trustees default. (3)

Whether Section 47 of the India Trust Act is applicable to a public trust and limits the powers of the Board of Trustees to delegate their powers in regard to institution of suit for recovery of the trust property to one of their colleagues? (3)

(c)

A an executor, buys at an under value from B, a legatee, his claim under the Will. B is ignorant of the value of the bequest. Will A be entitled to the advantage gained by him in his fiduciary capacity? (3)

(d)

A conveys certain property to three trustees in Trust for B. All the trustees disclaim. What is the legal remedy available to B? (3)