Exam Papers Final Year 2019/October English Medium Guide Empowers Independent Learning ocanned witn LamscaniSRI LAW T-LAW XAMINATION - R 2019 COMMERCIAL LAW - I (LW 306) 1, Aruna Kumara is a farmer in Anuradhapura. His wife, Sandya Kumari is a house wife and she is completely blind since 2017 after meeting with a serious accident. They do not have children Sandya Kumari was admitted to Ward 7B of the Eye Hospital Colombo on 1" August 2019 for further treatment of her eye condition, Aruna Kumara who was temporarily boarded in Colombo to look after his wife went to “Sahana Pharmacy” in Kirulapone to buy a flask for his wife. ‘Aruna Kumara purchased the flask which was highly recommended by the owner cum pharmacist of the “Sahana Pharmacy”. He purchased it for Sri Lankan Rupees Five Thousand Five Hundred (Rs.5,500/-). After 4 days, while using the flask, it burst and luckily no one was injured. It was subsequently found that the flask was not fit for use. 8) Cam Aruna Kumara claim money he paid for the flask? Explain your answer giving due reference to the relevant provisions in the Sale of Goods Ordinance of Sri Lanka and decided cases. (10 Marks) b) State four (4) differences between a condition and a warranty? (4 Marks) ©) State and explain three (3) implied warranties stipulated in the Sale of Goods Ordinance of Sri Lanka. (6 Marks) (Total 20 Marks) 2. Discuss the rights and obligations of a “hirer” giving due reference to the provisions of the ‘Consumer Credit Act No. 29 of 1982. (16 Marks) 3. “The buyer gets no better title than what the seller had”. Critically analyze this statement giving reference to the provisions of the Sale of Goods (Ordinance of Sri Lanka and decided cases. (16 Marks) Page 10f3, canned witn Lamscani(04 Marks) 8) Explain Article X of the Hague Visby Rules. (06 Marks) +) Distinguish berween “Bl of Lading” and a “Charter Perty”- cided . Visby Rules and decide €) Explain “Seaworthiness” in terms of the Anicles of the Hague isby cases. (06 Marks) (Total 16 Marks) Mr. Dammika Silva is a chartered civil engineer. He is currently engaged 3 ere construction project in Colombo 12. He is Living in an apartment situated in ColOnNS NN 2018 Septonter snwards. On 3 of October 2018, be purchased a "Model X 2019. ersion 2 compu” Fo "Super Eleewonics” which cares 6 months waranty by payin SF the Rupees One Hundred and Fifty Thousand (Rs.150,000/-) at once. Before purchasing the sompurer, be informed the technical officer ofthe store that be needs the Model X 2019, version sie tet isthe only version which supports some of the software which he intends to use for his professional work. Technical officer of Super Electronics showed Dammika a compuist of the same model which was on display in the store. Even though Dammika took the computsr home on the same day, be could not use it for 4 months as he was really busy with his work ‘After 4 months, he found out that it is not the mode! that he has ordered and therefore unable to perform is professional work. Dammika could not take it back tothe store until 22™ June 2019 a) Can Dammika repudiate the contract and get a refund or a replacement of a new computer? Discuss. (12 Marks) b) Suppose if he had bought it by exchanging his old computer for an amount of Sri Lankan Rupees One Hundred Thousand (Rs. 100,000) and paid the balance amount in cash. Would your answer be different from question (a)? Explain. 20), 69 G10 > os ) (Total 16 Marks) Write brief notes- a) _ Irrevocable Letter of Credit (4 Marks) b) FOB (4 Masks) c) Unpaid Sellers Lien (4 Marks) d) Charter by Demise (4 Marks) (Total 16 Marks) ocanned witn LamscaniDiscums : ues with reference to the provisions of the Bills of Exchange Ordinance uss crossing of cheques of Sri Lanka and decided cases (16 Marks) Explain the “Principle of Autonomy’ in Letters of Credit Operations with relation to the UCP 600 and decided cases (16 Marks) The Sun Shine (Pvt) Limited has instituted an action against the Bank of Dreamland 10 recover a sum of Rs.924,000/- which has been wrongly paid out by the bank on two cheques bearing forged signatures. These cheques bore the forged signatures of two directors of the Sun Shine (Pvt) Limited who are authorized signatories. The bank took up the defense that the company has failed to take elementary business precautions as regards the keeping of its cheque books and drawing out its cheques and thereby acted negligently. Can the bank claim negligence on the part of the Sun Shine (Pvt) Limited? Explain your answer giving duc reference to the Bills of Exchnage Ordinance of Sri Lanka and decided cases. (16 Marks) ocanned witn Lamscani‘Weite vour angers leeiby, eribie band rita wil bs nenalbznd SRILANKA LAW COLLEGE ATTORNEYS-AT-LAW FINAL YEAR EXAMINATION - OCTOBER 2019 ‘TRUST ACCOUNTS & BOOK KEEPING AND PROFESSIONAL ETHICS (LW 309) 5 (LW ‘Time: 3 Hours PART-1 usT. PING should be w ly in the booklet with the Green Cover. Question - 01 (a) Mr. P. H. Amarasiri passed away due to a road accident on 1" March 2019 leaving his family members. He was living with his wife and two sons in his own house in Ampara. Assets and Liabilities of Mr. Amarasiri are given below. A Rubber Estate in Rathnapura cost | |,000,000/- market value Rs. 13,000,000/-. Sheet rubber made in February 2019 were subsequently realized in April for Rs. 250,000/- Monthly average net income from the Rubber Estate from March 2019 onwards was Rs. 275,000/-. In addition to that a monthly sundry income of Rs. 20,000/- was generated by selling firewood. All income for each month have been collected on due dates. i. Business Premises in Ampara cost Rs. 12,500,000/-, Market value Rs. 15,000,000/-, This had been given on rent at a monthly rent of Rs. 300,004, January and February rent income were outstanding as at the date of death. These outstanding payments have been collected in May 2019. Each month rent is due on or before the last day of that month. Tenant had paid a refundable rent deposit of Rs. 3,500,000/- to Mr. Amarasir. ‘Administrator had collected all outstanding rent on the last date of each month by 31% July 2019 Residential house in Ampara where he lived with his family members, cost Rs. 9,500,000/- and Market Value Rs.12,000,000/-. Some repairs have been made for the house during the month of February 2019 and the total cost of repair was Rs. 325,000/-. Repair cost has not been settled until 1* March 2019. However it has subsequently been settled in May 2019. Electricity, Telephone and Water bills were in arrears for the month of February 2019 as at the date of death. Bills for the period were as follows- iii. ocanned witn LamscaniExpenses | Webruary | March-July [July Electricity | Rs. 11,500 | Rs. $3,100 |" Rs. 10,250/- TTelepbone | _Rs.9,300-| Rs. 61,300-| Rs. 9,250/-] Water Rs.5,100/- | Rs.30,750-[ Rs. 4,750/- July payment has not been made until 31% July 2019 and all other bills including outstanding bills of February have been settled. iv. He had purchased 10,000 ordinary shares in M/S ABC Finance PLC for Rs.1,000,000/- Market value is Rs. 2,500,000. Vv. Liabili ics as at 1" March 2019 are given below- Bank overdraft Rs, 1,250,000, Medical bil payables Rs, 254,000, Income tax payable Rs. 318,000. Personal Creditors Rs. 850,000/. Medical bills and tax payables were seed in June 2019 and other liabilities were appeared as at 31% July 2019. Vi. Funeral expenses Rs. 300,000/- and Legal fees of Rs. 175,000/- have been agreed as at 31" March 2019. These payments were settled in April 2019. Market value of the personal Car Rs. $,000,000/-, Personal debtors Rs, 600,000/-, Life Insurance policy Rs. $,000,000/-, Cash Balance Rs. 375, 000/- were as at the date of death, ‘Adminisator bas collected ‘money for life insurance and other assets appeared as at 31 July Vili, Cashew cultivation in Rubunu area cost Rs. 8,500,000/-, Market value Rs. 12,000,000/-.. Horst for March to July 2019 was Rs. 650,000/- Administrator has collected this money by 1 July 2019. Mr. P.H. Amarasiri had made following payments to his family members just before his death have to be treated as his wealth Wife - Mrs. Amarasiri Rs, 1,000,000 eldest son Mr. A. Amansiri Rs. 800,000 and youngest son Mr. B. Amarasiri Rs. 800,000. Further, Administrator had paid Rs, 25,000). per beneficiary per month from March to July 2019 to mect ther living expenses. Prepare the following: i) Estate Capital Account of Late Mr. P.H. Amarasiri as at "March 2019 ii) Estate Cash Book from 1“ March 2019 to 31" July 2019 iii) Balance Sheet of the Estate of Late Mr. P.H. Amarasiri as at 31°July 2019 (15 Marka) Page 2019 ocanned witn Lamscani(B) Mr. Anura Ekanayake is an Attomey-at-Law in private practice has produced his following Balance Sheet (Statement of Financial Position) as at 1" April 2018. ‘Statement of Financial Position as at 1” April 2018 ee + - Rs. ASSETS Re [Re | . — — “Ace N.W.V NON-CURRENT ASSETS Cost | Depreciation Land and building TF §,900,000 600,000 4,400,000 | (Cost of building Rs 3,000,000/-) _ ” — 5,250,000 i 1,750,000 000 | Motor vehicle 7 _ 700000 FS | 100.000 | Office Furniture 00 70600 400,000 | comes 7 SoaDDD 150,000 350,000 Office Equipment = ,000 000 Equipment _ 299 | 11400 CURRENT ASSETS - — 350000 Legal fee receivables _ 750,000 Other Debtors 3500017 | Salary advance payment _ 20.0001 Stock of stamps — 350,000 ; a ~ eas 7,390,000 | 3,855,000 ~ ~ 15.255,000 TOTAL ASSETS _ Equity and Liabilities = EQUITY s08 Capital account - Balance BF ee ‘Add: Profit B/F O15 cms. 000 Less: Drawings i NON-CURRENT LIABILITIES 3,500,000 Bank Loan . Long term personal loans 2,500,000 | 6,000,000 CURRENT LIABILITIES _ Creditors 850,000 Electricity payable 15,500 Consultancy fee payable 975,000 Telephone Payable 9,500 | 1,850,000 Clients Ledger Accounts - A. Alpha __ 520,000 B. Bew - 475,000 C. Cota ~ |__395,000 [1,390,000 TOTAL EQUITY AND LIABILITIES | "15255,000 Page 3 of 7 ocanned witn Lamscani‘Transactions during the year i. Cash Receipts (Fees received) Teaibe Amount (RS) | Fees received from Casual Clients 700,000 Regular Clients ‘Alpha ‘600,000 Bea $50,000 Coa 780,000 a ii, Other cash receipts to the office Legal fee receivables Rs, 950,000/- Other Debtors Rs. 300,000/- iii, Transactions on behalf of regular clients during the year Alpha Beta Ca | Qs) (Rs) Qs) Receipts, 72,500,000 2,125,000 | 2,100,000 Payments, 650,000 550,000 450,000 iv. Cost of stamps used for regular clients Alpha Rs, 15,000/- Beta Rs.20,000/- Ceta Rs.10,000/- v. Payments Payment Consultancy fee paid. Creditors Office Expenses Purchase of stamps Stationary Travelling Bank Charges (Office) Subscription for Bar Association —______ Motor wehicle running expense Postage 25,500 Telephone bills 185,500 Electricity bills 111,000 Page 4of9 >cannea witn Lamscanivi Amoual - follows, Depreciation has been calculated by the accountant for year ended 31% March 2019 % Asoets ‘Aunual Depreciation for the year ended 31" March 2019 (Rs.) [Building 500,000 | Motor vehicle | 1,750,000 | Office Fumiture 250,000 | Computers 100,000 Office Equipment 50,000 vii, Following bills for the month of March, 2019 were in arrears. Telephone - Rs. 16,500, Electricity -Rs. 10,300 viii, Salary advance payment is applicable for the year ended 31% March 2019. ix. Stock of stamps as at 31 March 2019 is Rs. 150,000/- (Ignore VAT and other Taxations) ‘You are required to prepare; i) Receipts and payment Account for the year ended 31" March 2019 ii) Income Statement (Statement of profit or loss) for the year ended 31% March 2019 fii) Statement of Financial Position (Balance Sheet) as at 31 March 2019 iv) Clients Ledger Accounts for the year 2018/2019 (15 Marks) rota marks for Question No - 01: 30 Marks} Question -02 "A. State two Financial Statements that should be prepared by a business entity in order to provide financial information to the decision makers. (02 Marks) B, You have been provided following financial information ‘of Mr. Amal Fernando’s Business for the year ended 31" March 2019. Ro Particulars ‘Amount (Rs)_| Assets T | Land and buildings - Cost 7,000,000 2 [ Motor Vehicles Cost [-4;500,000 5 [Office Fumiture - Cost 1,000,000 4 | Provision for Depreciation - Buildings 2,000,000. 5 | Provision for Depreciation - Motor Vehicles 1,000,000. 6 | Provision for Depreciation - Office Furniture 500,000 T | Trade Receivables (Debtors) 650,000 8 | Fixed Deposit 7,000,000 9 id Insurance 37,000 10 [Loan Given to Staff 750.000 Page 5 of 9 >cannea witn Lamscani16 | Trade Payables (Creditors) [AT Capita Account — 18 | Retained Profit bf 9 Drawings 20 [Reserves —— [1574350] 525,000 | [876,000 341,000 ‘You are required to prepare the Trail Ba ce as at 31" March 2019. (Total Marks for Question No - Question 03 ‘A: Stale two advantages of preparing a Bank Reconciliation Statement B. Cash Book of Bhagi & Chinki Limited has 1 31" March 2019. However the balance (Cash Book balance. Following informati 02: 10 Marka)- (08 Marks) (02 Marks) revealed a favorable balance of Rs. 1,250,000/- as appeared in the bank Statement is not tallied with the ion has been discovered by the accountant. i ‘Cheques deposited but not realized by 31 March 2019, 19 ‘Cheque No. ‘Amount (Rs) [250001 | _ 450,000 123002 175,000 123003] 100,000 350020 ~___ 360,000 i. Cheques issued but not presented by 31 March 20 (Cheque No. Amount (Rs.) [___400s10— 170,000 ~ [400511 320,000 400512 410,000 400515 50,000 Page 6 of 9 ocanned witn va caniH, Following yments have been made by the bank bu not recorded inthe cash book by 31" March 2019, Description ‘Amount (Rs) Bank charges 7500 Bank Loan Installment 90,000 fv. Following deposits have been in the cash book by 3 Mae posits have recorded by the bank but not recorded in the [__pecinn Rane] Direct Deposits- debtors 200,000 Fixed Deposit Interest Income 75,000 vy. Bank has erroneously credited Rs.130,000/- to Bhagi & Chinki Limited's current account. vi. Cheque issued to a creditor for Rs. 150,000 has erroneously been credited in the cash book Caer s000 (the bank has corretly recorded this transaction in the bank statement) Prepare Adjusted Cash Book and the Bank Reconciliation Statement for the month of March 2019. (08 Marks) (Total Marks for Question No - 03: 10 Marks)" 'A. State two reasons for arising a credit balance of a debtor's account at the end of the ‘accounting period. (02 Marks) ‘You have been provided following information of Mr. Asiri Perera a retail business for the month of March 2019. i Opening Balances as at 01 March 2019. Description ‘Amount (Rs) Debtors Control A/C (Dr) 950,000 Debtors Control A/C (Cr) 50,000 ‘Creditors Control A/C (Cx) 1,500,000 Creditors Control A/C (Dr) 100,000 iL Cash transactions during the month of March 2019 Description ‘Amount (Rs) Cash Sales 2,000,000 Cash Purchases 1,800,000 Cash Received from Debtors 2,250,000 Cash Payment to Creditors 7,360,000 Cash Sales retum 170,000 Cash Purchase return 320,000 Page7of9 canned witn LamscaniDeseri; les on credit }Salesoncredit id Purchases on credit 2, Credit Sales retum 500,500 [Gret Purchase return 250.250 Cred Credit transactions during the month of March 2019 [Sales p> Description [Amount Sal ion Amount Po) 55] | 359,250] iv. Other transactions during the month of March 2019 th of March Description [Amount (Rs.)_—_ Discount allowed [180,000 Discount received 125,000 Cancelled discount received 25,000 Bad debtors 75,000 You are required to prepare Debtors Control Account and Creditors March 2019 (Total Marks for Question N Question -05 A. Write two advantages of Accounting Ratio Analysis B. You have been produced (Balance Sheet) of Haris (Pvt) Ltd for year 2018/2019 Income Statement and Statement of Financial Position Haris (Pvt) Ltd Income Statement For the year ended 31% March 2019 ‘Amount (Rs.) Tumover 5,000,000 Less : Cost of Sales (G,000,000) Gross Profit 72,000,000 Less ‘Administration Expenses 425,000 Selling and Distribution cost 150,000 Finance Cost (Interest Expenses) 100,000 Other expenses 25,000 Net profit before Tax 1,300,000 Less: Income tax for the period 182,000 Profit after Tax 1,118,000 Control Account for month of (08 Marks) 10-04: 10 Marks) (02 Marks) ocanned witn LamscaniHaris (Pvt) Lid Statement of Financial Position As at 31" March 2019 q ‘Amount Non- Current Assets Aen | Property, Plant and Equipments | 2,600, Investment ‘400,000, a Current Assets Closing stock 500,000 Debtors 800,000, Other receivables 150,000 Bank Balance 350,000 Cash in hand 200.00 | ao 00,¢ Total Assets + ‘ 5,000,000 Share capital 1,000,000 Retained Profit 1,118,000 ry "382,000 | 2,500,000 Non-Curreat Liabilities Long term Loan 7,500,000 1,500,000 Current Liabilities nt Creditors ‘Accrued Expenses 250,500 ‘Other Payables 99,500 1,000,000 Total equity and Liabilities 5,000,000 Notes: Profit before interest and Tax (1,118,000 + 182,000+100,000) = Rs. 1,400,000 Shareholder’s Fund / Total Equity (1,000,000+ 1,118,000+ 382,000) = Rs. 2,500,000 You are required to caleulate, Gross Profit Ratio Net Profit Ratio (use profit before interest and tax) Curreat Ratio Quick Ratio Retum On Equity (ROE) (use profit before interest and tax) Retum On Assets (ROA) (use profit before interest and tax) (08 Marks) (Total Marks for Question No - 05: 10 Marks)- Page 9 of 9 >cannea witn LamScani8) Explain the term “right of representation” under section 41 of the Judicature Act, No. 2of 1978 as amended. (08 marks) b) “Refusal to admit, suspension and removal of attorney-at-lsw”. | Fae all eote on the above statement with reference to section 42 ofthe Judicature Act No. 2 of 1978 as amended. (08 marks) c) “No Attomey-General can serve both the State and private litigant”. al Explain the above statement with reference t0 Land Reform Commission vs Grand Centre 1d (1981) 1 Sri LR 250. Limited (1981) wo ) (Total 20 Marks) Write a note on fees and disbursements under the Supreme Court (Conduct and Etiquette for Attomeys-at-Law) Rules 1988. (15 marks) Explain the term “Relationship with court” under the Supreme Court (Conduct and Etiquette for Attomeys-at-Law) Rules 1988. OR Explain the term “Relationship with otbet members of the profession” under the Supreme Court (Conduct and Etiquette for Attomeys-ai-Law) Rules 1988. (15 marks) Write a full note on “Confidential Information” under the Supreme Court (Conduct and Etiguette for Attomeys-at-Law) Rules 1988. 415 marks) Write notes on any three (3) of the following- 8) Champertous agreement; b) Touting: ©) “Generally, only Attormeys may practice law”- Explain; ) The attire of female and male Attomeys-at-Law; €) Daniel vs Chandradeva (1994) 2 Sri L.R. 01 (15 marks) ocanned witn Lamscani1. Rance, a married woman was having an extra marital affair with Raja. She used to send love letters to Raja through her driver. Perera, Rance’s husband, obtained these leters from the driver and then questioned Rance about the letters. Rance admitted that the letters were written by her and boasted that she was having a sexual relationship with Raja. One week later Perera stabbed Raja who succumbed to the injuries, Then Perera told Rane that her future was over as be has Killed Raja a few minutes ago. Soon after the stabbing Perera rush to his neighbor Arun and told him that be had killed Raja due to the extra marital relationship. On the same day Perera went 10 the Police Station with the blood stained knife and surrendered. Whilst in the cell of the Police Station a priest of his parish namely Rev. H, Samuel visited him. Perera admitted to the priest the killing of Raja and prayed that he be forgiven. Then Perera made a statement to a Police Officer also sdmitting the killing. In the said statement be further stated that he could show the place where he dumped the body of Raja. Accordingly, the Police Officer recovered the body of the deceased from a Well close tothe house of Perera. Subsequently, Perera filed a divorce action against Ranee on the ground of adultery. The ‘Attomey General preferred an indictment against Perera for murder of Raja. Discuss the admissibility of the following evidence. a) Inadivoree case - Unerances made by Ranee to Perera with regard to love leters and the sexual relationship. (05 Marks) b) Inthe murder case - i) Perera's statement that was made to Rance regarding the killing; ii) Perera’s statement to neighbor Arun regarding the killing; iii) Handing over the knife and surrendering to the Police; iv) Perera's statements tothe Police Officer regarding the killing and the whereabouts of the body of Raja; ¥) _Perera’s statement to the priest Rev. H. Samuel regarding the killing; Discuss the relevant provisions in the Evidence Ordinance with decided cases. (15 Marks) (Total 20 Marks) 2. Discuss how and under what provisions of the Evidence Ordinance, the following items of evidence would become relevant. The answers must explain the concepts involved. a) The marks found at a place where an offence is committed. Page tof >cannea witn LamScani» absconding \ was The fact that a person wanted by the police in respect of an offence immediately after the offence i ly by the Evidence, which suggests that an offence may have been committed not om Accused but also by several other persons ied in a 4) When a man had did of poisoning, tbe evidence which shows that oters who di similar way exhibited similar symptoms. ze t document ©) Evidence given by a wife who testifies that the handwriting contained in the ‘subject to the proceedings is the handwriting of her deceased husband. 1) The experiments conducted by a DNA expert in arriving at an opinion. 8) In anindictment for murder, the prosecution attempts to lead evidence of injuries caused by the accused to other persons other than the deceased. 1h) ‘Sunil’s wife dies of drowning in the bathtub, Prosecution wishes to lead evidence to show ‘hat Sunil was married twice before and both his previous wives died in the same manner. (Total 16 Marks) Discuss the admissibility of a “Dying Declaration” with reference to decided cases and relevant Provisions of the Evidence Ordinance of Sri Lanka (Total 16 Marks) Sarath was 16 years of age at the time of his death, which occurred in December 2017. Sarath lived with Kumara and another two boys until Sarath stopped schooling in 2016. Sarath left Kumar's place due to some displeasure with Kumara. Kumara's request to come back to his hhouse was refused by Sarath. Meanwhile Sarath heard that the other two boys also left Kumara’s place due to a dispute with Kumara. One day Sarath found a parcel in the letter box which was sent to him by post. He took inside the house and when be opened it, a bomb that was inside the parcel exploded and caused him very serious injuries, which resulted in his death. Kumara was indicted for Sarath's murder and at the trial the following evidence was presented: * Sarath was threatened on several occasions by Kumara before Sarath's death Kumara assaulted the other two boys when he met them ata railway station after they left Kumara's place. Kumara was convicted of the offence of child abuse and that there was another police complaint against him fora similar offence. Kumara had beaten Sarath’s elder brother and Kumara was convicted of the offence of assault. Kumara is a popular person in the village for helping the poor. Discuss the legal issues which arise in this case with regard to the relevancy of the above facts under evidence of character and system. (Total 16 Marks) Page 2 of5 >cannea witn LamScaniAjith Nishanka ia indicted for murder in High Court of Tangalle fr the murder of Sewwand! owas oe i sgn. Ajith ad a elon withthe deceased sand fre ‘months and then the deceased had lost interest in Aji . Ajith was not happy about this situation and wanted to continue the relationship with Sewwandi, On 411.2018 the deceased was alone her house when her mothe left the house. On her return the mother found the deceased missing and since she didn't come home in the nigh, informed the Tangalle police. The same day © about 2 oF 3 pm, the accused had met Sanjeewa and said he bad killed s person. According © Sanjeewa the accused had threatened to kil him showing a piso if he did not help 10 bury a body, Later that night the accused took Sanjcewa to a house in Goyambokka where the body the deceased lay and told Sanjcewa that he had killed "Sewwandi”. body of the deceased. The deceased had been strangled with a strap ofa sling. They removed the : The body was taken in van 1 te ad ch belongs to he father ofthe accused and which vwas surrounded by a high protective wall. Ajith made the witness dig a grave, covered Mi foot vi a bed sheet and bure it having trampled down an arm which was protruding with Bs Ft ‘About a week later in the presence of Sanjeewa the accused held a shramadana and ¢l land, put the shrubs on the grave with some tyres and burt the same. - a . f the Sanjeewa gives evidence before the High Court. The graphic description by Sanjeewa 0 concealment of the body was flly supported by the medical evidence andthe findings of the Police, This pat of Sanjeewa's evidence was not challenged by the defence. The suggestions made to Sanjcewa by way of cross-cxamination and dock statement of the accused, is On te basis that Sanjecwa did these acts atthe bebest of Bandara, who killed the deceased and buries her body in the eompound to implicate the accused due to enmity arising from an undisclo reason. ‘The mother of the deceased gives evidence describing the quarrels the accused had with the deceased over the broken relationship few weeks before the incident. The body was recovered by the Tangalle Police on a statement made by Ajith. i) Who is an accomplice and does Sanjeewa fall under the definition of an accomplice? The answer must explain the concept involved. (04 Marks) ii) Ifyou are the defence counsel inthis case how do you argue the case for the defence when ‘evaluating the evidence given by Sanjeewa in the trial court? The answer must explain the relevant provisions in the Evidence Ordinance. (04 Marks) iii) Ifyou are the trial Judge how do you evaluate the defence evidence? Explain with relevant case law. (04 Marks) iv) The police officer who investigated into the case fails to provide details of the scene of crime therefore needs to refer to the information book extracts while giving evidence. Is this permitted? Explain with relevant provisions of the Evidence Ordinance. (02 Marks) ¥) Police recovers the body of the deceased from a statement made by Ajith. How does this become admissible? Explain with relevant provisions of the Evidence Ordinance. (02 Marks) (Total 16 Marks) ocanned witn Lamscanieo recorded ') Our Legal system encountered few problems pertaining to admissibility Ms fe teisltion evidence and evidence bad on tchology. There was a lack of specific to Telaig tothe admission of such evidence. The ule onthe part of OF tropic expand the definition of the above terms to include intangible POPEITY AO re the recordings had resulted in x stack of the development ofthe law until 1995 00 Evidence [special provisions] Act No 14 of 1995 was enacted. Discuss the ‘ference to case law and relevant provisions inthe Evidence Orinad- 4g yrs) ii) In. case of child abuse the prosecution wishes to lead evidence ofthe video recording of the child's preliminary interview with an adult (who is not the accused] which was recorded by the National Child Protection Authority under section 163A The Evidence (Special Provisions) Act No 32 of 1999. What are the pre-requisite conditions 10 be Satisfied by the prosecution in leading such evidence? (04 Marks) iii) Inthe above case he cl vim is year fae, Discus his compet totes in oun, (04 Marks) (Total 16 Marks) Accused Sumith Kumara was indicted for rape of Nirosha Sarojini victim] who was a minor under 16 years of age an offence punishable under section 364{2}[¢] of the Penal Code [Amendment] Act No 22 of 1995. The case for the prosecution was that the accused and the ‘Victim were in familiar terms as they lived close-by and that Nirosha used to pay a visit after school to the house of Sujatha where she used to look after Hansi the 2 year old daughter of Sujatha. Sujatha is the sister ofthe accused Sumith Kumara and be lives in the same house. The evidence of the victim was that she went to the house of Sujatha for baby sitting and that on 2017.11.4 the accused was alone at the house. Victim further states thatthe accused put ber on a bed and commited he of seal peeraon on he, they commiting he ene of ape in er. ‘According to victim Nirosha she was bom on 2002.7.15 and the incident took place when she was 15 years of age. The original of her birth certificate was lost and is not available. A certified copy of Nirosha's birth cetificate was produced in the High Court marked as PI by the prosecutor. ‘The victim in ber evidence stated thatthe mother ofthe victim was working abroad and that sbe lived with her grandmother at that time. According to Nirosha when she retuned home on 2017.11.4 she did not complain to anyone as the accused Sumith Kumara had promised to marry her. On 2018.2.10 Nirosha vomited and fainted in ber schoo! premises and was subsequently sent bome. Victim had to tell her grandmother of what happened since she could not hide the incident anymore who in tum the following day lodge a complaint along with the victim to the police. ‘The Judicial medical officer Dr. Keerti who gave evidence had confirmed thatthe Vitim is 11 ‘weeks pregnant when he examined heron 2018.2.12. The Medico legal report was marked as P2 and the history given to the Medical officer by the victim was that she was sexually harassed by ‘a person known to her 3 months ago while she was at this person's house with a 2 year old child. “The defence pointed the fact tat the victim failed to give the name of the accused to the medical officer as an omission. Page ofS >cannea wit camScaniThe victim in ber evidence had stated that the i on the she went 10 Cees eS thea use of long with the child Hansi abe went aan he fees ithe cild Hans. This was marked Vi asx conradiction in The accused made a Dock statement which amounted to denial of the commission of the offence, ‘and thus raised a defence of Alibi. The sister of the accused Sujatha said that tbe sccused went 10 ‘work and sttempted to establish the improbebility of the accused having committed the offence i) Assess and evaluate the credit lity ofthe victim Nirosha's evidence. Your answer should include reference to the provisions of the Evidence Ordinance, the relevant case l8W and the relevant tests i rl that are applicable. (07 Marks) ii) State under which provisions of the Evidence Ordinance a certified copy of ‘Nirosha's birth certificate to be marked and produced in Court by the Prosecution. (03 Marks] rules of cross examination which w ar is case what are the iii) If you are the defence counsel in this case what are te vo the provisions of the you have to keep in mind. Your answer should have re Edens Or (04 Marks) iv) Accused Sumith Kumara takes up the defence of Alibi. Who has the burden of proof? ‘Answer citing the relevant legal provision cntieia) (Total 16 Marks) 8 Discuss the principles that are applicable in the following i) Recalling a witness ii) The best evidence Rule iii) Secondary Evidence iv) Doctrine of estopple (04 Marks Each) 9. Discuss how and under what provisions of the Evidence Ordinance the following items of evidence would become relevant, The answers must explain the concepts involved. i) Ina murder trial one of the eye witnesses to the case who had identified the accused by name in his police statement while giving evidence in Court says that he didn’t see the ‘accused when the crime was committed. Clearly this witness had become adverse to the prosecution, What can the prosecution do in this instance? Explain. (04 Marks) ii) The defence counsel is objecting to the prosecution leading evidence of carbon impressions of receipts bearing the signature of the accused in a case of criminal breach of trust. The argument of the defence is that the aforesaid documents constitute secondary evidence. Explain how you would counter this argument on behalf of the prosecution. (04 Marks) iii) The Court is the final authority when controlling the process of leading evidence. Discuss. (08 Marks) (Total 16 Marks) Page S ofS ocanned witn Lamscani1. P,Q, R and $ are sharcholders of a Company in which they hold equal number of shares. They ‘were the founder shareholders and continues to be the same. Under the Objects of the Company there is one item that has been recorded in the Articles of Association of the Company and that is for the company to cary out its operations as a manufacturing concem of Pharmaceutical Products. P, Q and R have brought to the notice of S their intention, expanding the scope of operations to include manufacturing of food products as well. $ is not happy to deviate from the original purpose for which the Company was incorporated. He seeks your advice and assistance. i) Whatis the legally compliant way to expand the scope of operations of the Company? ii) Can P, Qand R achieve this? iii) If so, what is the procedure that should be followed? iv) IEP, Q and R follow the proper procedure and if $ does not prefer for the Company 10 deviate from the original purpose for which he invested in that Company what isthe step be could take? v) IEP, Q, and R takes certain preliminary steps to expand the Company's scope of operations without following the legal procedure to be followed does S has any way of restraining the Company going ahead with such activities. Discuss the procedure to be followed and limitations if any. vi) IfP, Q and R had only 100 shares each and S had 200 shares how different could be your answer in respect of (i), (ii), (iii) (iv) and (v) above? (20 Marks) 2. If the majority of the Board of Directors of a Company are acting in violation of the Laws prevalent in the country and if that majority is misappropriating the funds of the company for their personal benefit; i) what remedial action can be taken by a Director of the Company who has constantly opposed the illegal action on the part of the wrongdoing majority of the Board of Directors? Page lof a ocanned witn Lamscani4i) Wht remedial action is available wo a shareholder of the Company? Discus the above two sinution deseribng the procedure applicable and the manner in which y Interim Relief could be obtained by the party seeking relief. (16 Marks) ©) “Name of a Company reveals the nature of a Company and many other features”. Do you ‘agree with this statement? Discuss with illustrations. (Maks) b) Discuss the Following - i) What are the prohibitions imposed by the Companies Act pertaining to the registration of a Company by a particular name? (3 Marks) ii) What are the Restrictions and Limitations pertaining to Company names? (3 Marks) ili) What are the Procedural steps applicable to change of a Company Name? (3 Marks) iv) Rais the practice significance of giving public Notce of « Company name and in ‘what circumstances is it required by law? (Marks) (Total 16 Marks) Who is considered by a Company as a Director in accordance with the provisions of the Companies Act No 7 of 2007? (4 Marks) What are your answers to the following matters pertaining to Directors of « Company? i) Whatare the qualifications of Directors? (2 Marks) ii) Whats an essential prerequisite forthe appointment of a person as a director of a Company? (2 Marks) iii) What are the procedural steps to be followed in appointing someone as a Director of a Company? (2 Marks) iv) What are the procedural steps tobe followed in the process of the removal of a Director of a Company? (2 Marks) Page 20f 4 ocanned witn Lamscani¥) When does the law assume that a Director has vacated the office of Director? (2 Marks) vi) What has to be done i ition of the Board of Directors ofa Company? when a change takes place in the composition of ° (Total 16 Marks) i) In what circumstances can the Registrar ske ofthe name of a Company frm the Boe ) ii) Whats the Procedure thatthe Registrar General of Companies has to follow in the above ise? e exercise’ © , ii) What isthe responsibilty ofthe Registrar General of Companies in the legal process re to converting a ‘Goremnaast Corporation of a part thereof into & Public Company? is i in Conversion Discus ihusrating the procedure and applicable legal provisions as contained it i ‘of Government Corporations and Goverament owned Business Undertakings into Public Companies Act No 23 of 1987. (8 Marks) (Total 16 Marks) Explain the following with reference to decided cases 8) Whats Ratification? @ Marks) b) What acts may be ratified? (04 Marks) ©) Who may and may not ratify an act? os ep is the effect of ratification? 4) Whatis the effect o! jon’ rout Se ) Biscuit Company Limite isa reputed biscuit manufacturing company and Ma. B has becn its managing director for a considerably long time. Biscuit Company Limited had an internal policy that they would procure their annual requirements of wheat flour, from a single supplier selected following a tender process. However, Mr. B, claiming to act for and on behalf of Biscuit Company Limited entered into a contract with Wheat Flour Company Limited without following a tender process, to obtain the entire requirement of the Wheat Flour of Biscuit Company Limited for the Year 2020. Biscuit Company Limited seeks your advice on whether it is bound by such contract with Wheat Flour Company Limited? Substantiate your advice with decided cases. (08 Marks) Page 3 of 4 ocanned witn Lamscani= % ©) Biscuit Company Limited later discovers that Mr. B. entered into such contract following an offer from Whe Four Company Limited that be would be personaly paid «commission of ( Rs, S/- per kilo gram (kg) of Wheat Flour purchased by it. Mr. B has been receiving such ‘commission personally, since then. Biscuit Company Limited secks your advice on the rights and remedies it may have against Mr. B and against Wheat Flour Company Limited. Substantiate your advice with decided cases. (08 Marks) (Total 16 Marks) 8) Whatis an Insurable Interest? (02 Marks) +) Whatare the consequences of obtaining an Insurance Policy without an insurable Interest? (04 Marks) ©) Can the premium paid under an Insurance Policy be recovered if an Insurer refuses to bonour the policy on the ground of lack of insurable Interest on the part of the policy holder? (02 Marks) 4) In what situations is an Insurable Interest considered to exist ‘auttomatically"? (02 Marks) ©) In what situations may an Insurable Interest considered to exist depending on the ‘circumstances existing at the time the policy was obtained? (03 Marks) f) Whats the Principle of Indemnity inthe context of Insurance Contracts? (03 Marks) (Total 16 Marks) . Mr. X, Mr. Y and Mr. Z are Attorneys-at-Law practicing under the name, style and firm of X YZ & Company. Mr. Y receives a sum of Rupees Five Million from a client of the firm (Mr. A) in connection with a transaction ofthe clint, in respect of which the firm is acting on bis behalf. Mr. Y uses such money to buy a property for himself, without the knowledge of Mr. X and Mr. Z and Without accounting for such money in the firm. Thereafter, Mr. Y becomes bankrupt and the Property he purchased with such money is seized and sold in settlement of his personal debts. 8) Mr. A seeks your advice on his rights and remedies, if any, against Mr. X and Mr. Z. Support your answer with decided cases. (10 Marks) ') Would your answer be different if Mr. Y had handed over such money to the firm and thereafter the firm had used the money for its own purposes? ‘Support your answer with decided cases. (06 Marks) (Total 16 Marks) Page 4 of 4 ocanned witn LamscaniWrite your answer andwritiny SRI LANKA LAW COLLEGE T-LAW_ 2019 CI} LW 301 other question caries 16 marks, 01. “A” assaults “B” with a crow bar after a cross talk between them during a Shramadana in the village. “B” suffers a fracture in his leg as a result. Causing a fracture in a bone falls within the definition of “Grievous hurt” under section 311 of the Penal Code. Grievous hurt is a cognizable offence punishable under section 316 of the Penal Code. ‘ (a) The Grama Niladari officer who witnessed this incident seeks your advice as a law student on whether he could arrest “A”. Advise the Grama Niladari giving reasons. (06 Marks) (b) “A” goes to the police station before anyone else and confesses to the officer-in-charge IP Femando that he assaulted “B”. Half an hour later Grama Niladhari comes to the police and states that he saw the assault. IP Femando seeks your advice as a law student about which ‘statement he should record first. Advise IP Fernando. (04 Marks) (©) As the above incident occurred on a Sunday IP Fernando seeks your advice as to how long he can keep “A” in police custody. Advise IP Fernando as a law student citing the relevant legal provisions. (02 Marks) (@ You inform IP Fernando that causing Grievous Hurt is a “Bailable Offence”. A's Attomey-at- law asks IP Fernando to enlarge “A” on police Bail. IP Fernando asks you whether he can enlarge “A” on bail Advise IP Fernando on this issue. (04 Marks) (e) Relatives of “B” ask IP Fernando to file the case against “A” in the High Court, Grama Niladhari states that this case can only be heard in the Magistrates Court. IP Fernando seeks your advice on whether this case can be filed only in the Magistrate Court. Advise him correctly on this point. (04 Marks) (Total 20 Marks) Poze 1 of § >cannea witn Lamscani/ ©2. If the incident in the first question occurred on 13.07.2013 within the jurisdiction of Galle. (0) Under what legal provisions would IP Femando insite vction by Sling plaim in the , Magistrates Court of Galle? (Mats) { (©) Whose responsibility sit to formulate a valid charge sheet? Cite the relevant legal provision. (02 Marks) (@ State the essential components of a valid charge sheet according to the provisions of the Criminal Procedure Code. = (07 Marks) (q) The charge sheet drafted against “A by IP Fernando reads as follows:- “That on 13° of July 2013 at 7.30A.M. near the cemetery on Galle Rosd, Galle “A” following a cross-talk with "B" assaulted "B® thrice with a crow bar causing a fracture to "B's right leg and causing him grievous hurt which is an offence under section 311 of the Penal Code”. The Galle Magistrate is of the view that the above charge sheet is not legal. Draft valid inst “A” i above. a valid charge against “A” on the given data pee (Total 16 Marks) 03. “A” promises B, C and D that he will find them employment in Italy and collects rupees five lakhs from each person on 03.08.2018, 05.03.2019 and 13.07.2019 respectively and cheats them by doing nothing to further the promise. On the complaints made by B,C and D, IP Fernando decides to institute proceedings against “A” under section 403 of the Penal Code. (2) Can three separate cases be filed against “A” in the Magistrates Court? (02 Marks) (b) In the alternative to (a) above, what other ways are there to join the charges together on one charge sheet? (06 Marks) (©) The offence committed by “A” under section 403 of the Penal Code is classified as both cognizable and Non-Bailable. (]) What step can “A” take to ensure that he will not be remanded once he is arrested for the above offence? (04 Marks) Gi What steps should IP Fernando take to arrest “A” legally? (04 Marks) (Total 16 Marks) Page 2 of canned witn Lamscaniof (0) State the instances where an indictment can be sent rel to 8 High Court without POKnE am inquiry under the provisions of Criminal Procedure (Special Provisi (04 Marks) (2) How is the deposition ofan eye witness recorded at « Non-Summary Inquiry according 0 the Provisions of Criminal Procedure (Special Provisions) Act. No.2 of 20137 (08 Masks) (©) What steps can the Attorney-General take if e does not agree with the discharge of an accused at the end of a non-summary inquiry by the Magistrate under section 153 of the Code of Criminal Procedure Act? ure Act (04 Marks) (Total 16 Marks) j) State how summons could be legally served in the following instances- (2) When the person summoned is not at home; (b) When a Superintendent of Customs of the Sri Lanka Customs is summoned to court to give evidence about an official duty done. (08 Marks) ii) (a) In what instances does a warrant issued by court loose its force? (02 Marks) (b) A person against whom a warrant has been issued retains your services as an Attomey-at- law and asks you to surrender him to court. How must you as a lawyer act in producing the person against whom warrant has gone out before court? (06 Marks) (Total 16 Marks) 06, “B” was charged in the Magistrates Court of Galle for theft of “A's purse, whilst travelling in a bus. "B* was convicted of this charge on 31.01.2019 and was sentenced to one years imprisonment. “BY seeks your advice as an Attomey-at-Law on the matters below- (2) Can“B” appeal from the above conviction and sentence? If so under what legal provision? (03 Marks) () How much time does he have to make an appeal? (03 Marks) Page 3 of S ocanned witn Lamscani(©) Before when should the Appeal of “B" be handed over according to the method of counting the time of Appeal?” (03 Marks) (@) To which institution should you handover "B"'s appeal according to law? ‘ (02 Marks) (©) Once "B"'s appeal is accepted can he make an application for Bail pending Appeal? If so under ‘ihich section? In such an application what are the two essential factors that the court must consider in deciding to grant bail? (05 Marks) (Total 16 Marks) 07. (@) What is meant by the term “Operational Period” in relation toa suspended sentence? (03 Marks) (©) What ae the instances when a term of imprisonment cannot be suspended? (03 Marks) (©) “A 021 year-old law student runs over B, a pregnant mother, who was crossi i ; . : crossing the road in a pedestrian crossing killing her. “A” i n is charged in the Magistrate Court for causing ‘Bs death by a negligent act which is punishable under section 298 of the Penal Code. ‘A person convicted for the offence under section 298 of the Penal Code can be sentenced up to 5 years term of imprisonment and a fine. "A" tells you that he has no previous criminal convictions, he is repentant about the incident and that he wants to make an unqualified admission of guil. “A''s only request to you is to ensure that he does not get a term of imprisonment as the punishment. Write down the application you would make as "As lawyer to ensure the relief sought by "A" discussing the relevant legal provisions. (10 Marks) (Total 16 Marks) 08. Write short notes on any 4 of the topics given below. (i) The considerations a court would take into account in deciding to call for a defence under ‘section 200(1) of the Code of Criminal Procedure Act. (ii) For what offences in the High Court can a trial by Jury be selected? Page 4 of 5 >cannea witn LamScani(Giiy rial by a Trial-at-bar, Giv)Contents of an indictment. (*) Confessionary statements made before a Magistrate under section 127 of the Code of Criminal Procedure Act, (vi) When does a “discharge” made in a Magistrates Court becomes an “acquittal” by the operation of law? (04 Marks cach) (Total 16 Marks) 09, (a) Explain the legal meaning of a “Bailable Offence”. (03 Marks) (b) Is there no way of obtaining bail in a “Non-Bailable offence”? (03 Marks) (©) What are the essential considerations taken in to account by a court when granting bail or in cancelling an existing bail order? (05 Marks) (d) The only punishment for murder is Death Sentence. Murder is classified as a Non-Bailable offence. How can a bail application be made in a murder case? Cite the relevant sections of the law. (05 Marks) (Total 16 Marks) Page Sof 5 ocanned witn LamscaniT-LAW 01. Unimax (Pvt) Ltd. (which is a legal person in terms of the law) is a Company registered under the Coupes het No.7 of 2007, On Be 1 of July 2015, Unimax (Pvt) Ltd applied for a loan of Rs. Pilon fom ‘ABC Bank PLC Anuradhapura (a licensed commercial bank under the Banking ‘No. 30 of 1988) to set up a furniture showroom in Anuradhapura. Sandaru de Alwis who is the General Manager of the Company thereafter, entered into a loan agreement with Sashini Perera, Manager of the Anuradhapura branch of A.B.C Bank PLC in Anuradhapura, to grant a sum of Rs. 30 million at an annual interest rate of 20%. The loan agreement provided that the loan was to be repaid in 60 monthly installments. A.B.C Bank PLC thereafter released a sum of Rs. 30 million on the 1" of August, 2015 to the bank account maintained by Unimax (Pvt) Ltd. Unimax (Pvt) Ltd. thereafter, opened the showroom on a State land in Anuradhapura on 1” September 2015. ‘Thereafter, the Company commenced making payments as required under the loan agreement. The Divisional Secretary Anuradhapura North suddenly cancelled the permit to the premises by letter dated 1.1.2018, The last payment as per the loan agreement was made on 15" January 2018. Since 15 January 2018, A.B,C Bank PLC has not received any payments from Unimax (Pvt) Lid. On 15 May 2019 A.B.C Bank PLC sent a Letter of Demand by registered post addressed to Sandaru de Alwis, but has not received a reply. As at 01" November 2019, the total outstanding loan ‘amount together with interest was Rs. 28 million. A part of the plaint filed in the court on the instructions of Sandaru de Alwis is reproduced below: In the District Court of Colombo Sandaru de Alwis Unimax (Pvt) Ltd, Ratmalana. Plaintiff Case No» 28/19. Nature Money Procedure Reyular Value Rs. 28 Million Vs Page 1 of 4 ocanned witn Lamscani2. Sashin! Perera ABC Bank PLC, Main Street, Amuradhapura Defendants On 11° Day of November 2019, fea of the Plaintif’ above named appearing by Nimal Aponso Attorney-at-Law states as i WHEREFORE the Plaintiff prays that the Court be pleased to:- (a) a declaration that the decision of the I" Defendant dated 01/01/2018 is illegal. (b) Jn the alternative, a judgment and decree against the !" Defendant in a sum of Rs. 28 million «as damages from the date of the Plaint until the date of judgment and legal interest on the decreed amount until the payment in full; (©) Award Costs; and (@ Grant such other and further relief as Your Lordships Court deems meet Your advice is sought on the following legal issues. You must state relevant provisions and case Jaw to support your answers. (a) Territorial Jurisdiction of the Court to hear the case. (10 Marks) () Naming of the Plaintiff, 1* and 2™ Defendants, ‘You should answer in respect of every party under separate headings. (15 Marks) (©) Re-write the caption of the Plaint based on your answers. (10 Marks) (@ Draft a paragraph in point form consisting of all possible objections that could be included in the Answer based on your above advice. (10 Marks) (¢) Based on the above, draft issues of the case. —__0 Basston _ (10 Marks) (Total $5 Marks) Page 2 of 4 >cannea witn Lamscani(02."An application { reported that he ic batted service of summons should not be allowed unless the fiscal has Dis ‘unable to effect personal service * tei ‘ provinee instances where substiued service of summons could be allowed with reference in the Civil Procedure Code and case law. (15 Marks) 03 Shia de Sivas fled action in th DC of Nuwar Hiya gine Nia ove lng pe of Rs. 5000001 as compensation, The case was Fixed fr tal wir pre-trial. On that dy, only the instrting Attomey ofthe Plaintiff was presen. The Counsel was not ready a be did 101 DE isto Having earl subisios of be Defeat eed Dis Jde dmived e Discuss the following with reference to the provisions in the Civil Procedure Code and case law. (i) Discuss the correctness of the Order. (6 matks) (i) The position of the Plaintiff is that he was admited to the hospital and was discharged $ days after the tial date. Nihal had sent a message through his brother who came to see him to inform his lawyer of his inability to attend the cour, but, the message had not been communicated to the instructing Attorney. (a) Discuss the procedure for filing an application to get the dismissal set a side. (4 Marks) (©) Discuss the chances of success in this application. (5 Marks) (Total 15 Marks) 4, Kayshalya filed a defamatory action against Kushan claiming a sum of Rs. 5 million as damages on 10.10.2015, After pre-trial, the case was fixed for trial on 1/04/19 and is now re-fixed for 12/12/19. Kaysbalya bas inadvertently failed to include the names of Kayshalya and her busband Bandara as witnesses in the list of witnesses and documents. She has also failed to list several important newspaper articles relevant to her case. If you are retined by Kayshalya to appear on her bebalf, set out the legal submissions that you ‘would place before court to enable you to lead in evidence, the witnesses and documents not included in the list of witnesses and documents. (15 marks) 05. “The appointment under $ 24 CP.C. of an Attomey-st-Law remains valid until all proceedings in the action are concluded”. Do you agree with the above statement? You shoul cite relevant provision ofthe law and judgments in your answer. You should also discuss whether the proxy could be revoked before the proceedings are concluded. (15 marks) Page 3 of 4 >cannea witn Lamscani06. Rochelle filed an action against Anushka claiming a sum of Rs. 5 million as damages due 10 a Toad accident on 10.10.2015. This accident happened on 05/10/2013. Thereafter, the case was fixed for pre-trial on 18.02.2019. On the date of the pre-trial, Rochelle informed Court that the Plaint would be amended as she has failed to claim future losses of 1.5 Million. If you are retained by Anushka, set out the legal submissions that you would place before court opposing the application of Rochelle to amend the Plaint. (15 marks) 07. Write short notes on the following: (@) Imterrogatories (b) Transfer of cases (15 marks) ocanned witn LamscaniBy a Final Decree dated 3" September 2006 entered in DC Negambo Partition Action No. 321/P premises No, 3/2 Alwis Town, Hendala depicted as Lot 5 in Plan No. 213 dated 5* March 2006 made by H.S. Weerasena Licensed Surveyor in extent of 36 perches was allotted to one Albert Perera. By Deed of Gift No.675 dated 2™ June 2008 attested by G.N.de Silva Notary Public the said Albert Perera gifted the above Lot 5 in extent of 36 perches to his daughter Kusum Perera. The said Kusum Perera caused the said Lot 5 to be subdivided into 2 Lots depicted as Lot SA and SB (bearing Assessment Nos. 3/2A and 3/2B) in Plan No. 225 dated 3" June 2009 made by the same surveyor cach containing 18 perches and executed a Last will No.980 dated 6® April 2010 attested by G.N.de Silva Notary Public. She died on 23" May 2012 and ber Will was proved in DC Negambo Case No. 456/DTS on 10 March 2013. By the said Last Will she left Lot SA to her son Gayan Peiris and Lot SB to her daughter Malika Peiris and an Executors Conveyance was executed by the Executor at the conclusion of the case. In 2014 Gayan Peiris was a minor who was 15 years old and his sister Malika Peiris was 20 ‘years old decided to sell the property to Mrs. Mala Nadaraja and accordingly sold both lots SA and SB to ber by Deed of Transfer No. 1234 dated 1" August 2014 attested by Alex Perera Notary Public. Mrs. Mala Nadaraja who was governed by the Law of Thesawalamai sold Lot 5A to Nihal & Company by Deed of Transfer 456 dated 3" February 2015 attested by W.N. de Silva Notary Public The husband of Mrs. Mala Nadaraja, Moahan Nadaraja was living at that time. ‘After his death Mrs, Mala Nadarja sold lot SB to Lalith Perera by Deed of Transfer No. 789 dated 5 April 2017 attested by Gamini Peiris Notary Public. The said Lalith Perera died intestate on 2" March 2018 leaving as his intestate heirs his wife Kamani and two children Hasini and Kushan. The Estate was administered and letters of Administration was issued in DC Colombo Case No. 1579/DTS and an Administrators Conveyance was executed by the Administrator, Kamani was previously married and was having a daughter named Ruvini who was living with her. Kamani gifted her share to all three children. i) Draw up the Pedigree indicating the devolution of title of premises bearing Assessment No. 3/2 up to the present owners as set out above (13 Marks) Page of 4 ocanned witn Lamscani, pearing assessment No. ") What are the shares presey owed by each heir 1 the PrOPENY wa, (03 Marks) ferred to in the Were thre any tps and aditionjining of any othe party tothe Deeds ref Pedigree? Specify 3 such instances. (09 Marks) (Total 25 Marks) a Dra fly the atesaton of Deed whe a company has morgage is oer sad in Colombo for a sum of Rupees Thirty Million. The Attestation must comply with requirements of the Notaries Ordinance. (10 Marks) it) Calculate the stamp duty payable on this Deed. (02 Marks) it)” Where do you pay this stamp duty and the methods of payment. (03 Marks) (Total 15 Marks) |) A Deed of Gift States that itis absolute and irrevocable. Could it be revoked? - (03 Marks) ii) If so the time period within which action could be taken and the steps. (03 Marks) iti) Draft a clause in the operative part of a Deed of Gift made absolute and irrevocable but reserving a Life interest for the Donor. (04 Marks) iv) In 1978 March Nimal Perera had purchased a land in extent of 26 Perches situated in Kohuwala for Rs.120,000/- and constructed a house on it.The cost of construction of the house was Rs. 2,900,000/- He wishes to gift this house and land to his son Aruna and instructs you to prepare a Deed of Gift. The present market value ofthe house and property is Rs.5,700,000/- 1) How would an Assessor attached to the Westem Provincial Council arrive at the Value of the property for the purposes of Stamp duty in this Deed of Gift? (03 Marks) b) Calculate the stamp duty payable on this Deed of Gift (02 Marks) (Total 15 Marks) i) What is the significance of a Day Book? (03 Marks) ii) What provisions has been made regarding Deeds affecting immovable or movable property in more than one District (02 Marks) Page 2of 4 >cannea witn LamScaniYou wish to have, notice ofthe presentation of any document affecting YOu Propet? situated at No.10, Polhengoda Rosd, Colombo 5, so tat you may take steps to ave We document declared void ot voidable or in derogation of your lawful rights. What is document is this document? you may present and to whom and what is the effect of 0 , ) Yow et whe flea Paion ton in the isi ot of Clo Sesion the Act provides that an application for registration of # certain is notice Refisrtin of Documents Oniance hall be submited wth the Plain. Name tis and draft it. (04 Marks) wi) _ othe 18 y) ane 2 other insances where the Law requires that the registration ofthis ‘necessary when filing Action in Court. (03 Marks) (Total 15 Marks) tute another person in i) Under what circumstances can a holder of a Power of Atiomey substitute his place? Draft the relevant clause permitting substitution. 7 ) ii) iar documents have you to tender 10 register a Power of Astomey? Explsin the ue (04 Marks) iil) raf the Ratification clause in a Power of Attorney. (oats) iv) What is the purpose of an Arbitration Clause in ‘a Deed of Partnership? ites) ¥) Draft the Arbitration clause in a Deed of Partnership. ee, (Total 15 Marks) i) The children of a testator inquire from the Notary as to whether he has attested a Will executed by their father. The testator is alive. Should the Notary divulge the information? (03 Marks) ii) When should the signature of a party and a witness to a deed be taken? (03 Marks) iil) What are the rules prescribed by the Notaries Ordinance regarding deeds drawn up on several sheets of paper? (03 Marks) iv) The Notary does not know the executant but he is well known to one of the witnesses. This witness is the Notary's own brother. Could the Notary attest the deed? (03 Marks) ¥) Could « Deaf and Dumb Person execute a deed? If so state the steps that a Notary should fallow. (03 Marks) (Total 15 Marks) Page 30f 4 >cannea witn LamScani1) The Registation of Documents Onlinance specifies important items that should eroded inthe Schule ofan instrument ect nd. Specify eid (HOPI | ii) Draft a Schedule to 8 divided and defined portion of land of your choice in comin ‘withthe provisions in the Registration of Documents Ordinance together with the right o way in along and over reservation for road 12 feet wide. (05 Marks) iit) The market valve of a property situsted in Rajagiriya is Rs. 3 million. Calculate the stamp duty payable on the deed of Transfer. (02 Marks) (Total 15 Marks) i) — What is meant by a first class ownership and a second class ownership under the Title Registration Act? (03 Marks) ii) Cama land parce! title to which has been registered under the above Act be transferred or dealt with other than with the provisions of this Act and if so the effect of it. (02 Marks) iii) What is a Cadastral survey? (02 Marks) iv) Of what things a Notary should satisfy himself prior to the attesting of an Instrument under this Act? You have to discuss the methods he could use. (06 Marks) ¥) Within how many days a Notary should forward instruments attested by him to Registrar of Title for registration of such Title? (02 Marks) (Total 15 Marks) i) Sunimal Peiris and his predecessors in title had been in undisturbed and uninterrupted possession in premises bearing Assesment No. 34, Hokandara Road, Thalawathugoda Which possession is adverse and independent to that of any other for over 30 years of the land marked Lot X depicted in Survey Plan No. 657 dated 3/4/2013 made by Saliya Silva Licensed Surveyor in extent of 30 perches of the land called Ambagahawatta situated in Thalawathugoda in the Palle Pattu of Salpiti Korale in the District of Colombo Westem Province. He consults you as a Notary. What type of a Deed will you draw up for better manifestation of his title? Discuss _ (05 Marks) ii) Draw up the necessary Deed. (attestation not required) (10 Marks) (Total 15 Marks) Page 4 of 4 canned witn LamscaniANSWER SIX (06) QUESTIONS ONLY. PART-I QUESTION NO. 1 IS COMPULSORY. (20 MARKS) (04 QUESTIONS FROM THIS PART INCLUDING Q.NO.1 PaRT- QUESTION NO. 8 IS COMPULSORY. (20 MARKS) 02 QUESTIONS FROM THIS PART INCLUDING Q. NO. 8 OTHER QUESTIONS CARRY 15 MARKS EACH. PART-I 1, Lakmali was a graduate of the University of Peradeniya. She is living with her mother at Peradeniya. After graduation she was employed at the Department of Agriculture (Peradeniya Branch) as a Research Assistant. She was awarded a scholarship on 3" January 2018 for a training in plant protection for one year at the Gandhi University, South India. She entered into a contract with the Department of Agriculture before she left Sri Lanka. She was given full pay study leave fora period of one year. According to the agreement she had to serve the Government of Sri Lanka for a period at least two years after completion of the training period. If she fails to comply with the conditions of the agreement, she shall repay the Government of Sri Lanka the full amount of expenses incured by the Goverment of Sri Lanka on account of her scholarship. After completion of the training she retumed to Sri Lanka and assumed duties on 2™ January 2019. Lakmali in breach of the aforesaid agreement tendered her letter of resignation dated 24% of January 2019 from the post of Research Assistant with effect from 25® of February 2019. In her letter of resignation she agreed to pay back the cost to the Government of Sri Lanka, for the balance period of obligatory service she has not served the government after her return from India. ‘The Government has incurred a sum of Rupees Three Million on her in respect of her training. She has failed and neglected to pay the said sum of Rupees Three Million. You are required to Draft the Plaint [You are required to write the full caption, contents of the plaint (10 to 12 paragraphs), prayer and the necessary documents to be filed with the plaint] (20 marks) Page 1of& ocanned witn Lamscani(2 marks) 2. (@) Define the term “injunction”. P section 54 of the (©) Explain the toe ditfeeat sutons reiting to ijunctions as specified under Judicature Act, No.2 of 1978 as amended. (6 marks) (©) Writes note on Mandsioy Injunctions with reference to Peirs and another vs Perera and another - 2002 - (2) SLR 128 (4 marks) (@ “The power to grant injunctions under Article 143 of the Constitution is exercised only on special grounds and in special circumstances”. Set out the special grounds / special circumstances. GQ marks) (Total 15 marks) 3. Bindu Hewage wishes to file a petition of appeal. He needs your advice as to the following mater under the provisions of the Civil Procedure Code as amended (a) time limit to file petition of appeal; (2 marks) (©) the acceptance of the notice by the Registrar ofthe court with reference to the case of ‘Nachehidiwa vs Mansoor ~ 1995 (2) SLR 273 (S marks) (c) requisites of a petition of appeal. (8 marks) (Total 15 marks) 4. “Every action by a minor shall be instituted in his name by an adult”. Shantha is fifteen years old living in Bandarawela, She is the only child in the family. Her parents died of a road accident. The name of the driver who drove the bus is Kamal Pathirana. She ‘wants to file action against the driver to claim damages. Her aunt Somalatha Cooray was appointed by the court to act as her next friend. Answer the following- (@) the documents filed by Somalatha Cooray’s Attomey-at-Law for the appointment as the next friend; (G marks) (b) draft the caption of the plaint; (5 marks) (©) write a note on the removal of the next friend; and ( marks) (@) payment of costs. iwdeuh) 5. (a) Explain the differences between ‘simple malicious desertion’ and ‘constructive malicious desertion’ in relation to the case of Guneshi Mallika Gomes vs Jammagalage Ravindra Ratnasiri Gomes. (Supreme Court Law Reports -Civil- 2018 Vol. 1) p.294- Published by the ‘Association of Sri Lanka) —— Ati) (10 marks) (b) Explain the legal principles discussed in the following cases- (i) Tennakoon vs Tennakoon -1986 (1) SLR 90 (SC); and , i 1994 (1) SLR 413 (6 marks) (Gi) Asokan vs Asokan -1994 (1) roa >cannea witn LamScani/, 7 Rav eve Rupes Tw Million to Gaminion «promissory note. Gamini failed to retum the money "M8 Rereed, Ravi seeks your advice on the following ® “tion by summary procedure on liquid claims, (©) instrument to be produced withthe plain and affidavit to be made; and (©) when leave to defend may be granted. (Sx3=15 marks) - Write short notes on any Three (3) ofthe following- (2) inherent powers of court; (©) interpleader actions under section 628 of the Civil Procedure Code as amended; (©) when award be set aside under section 691 of the Civil Procedure Code as amended (under Arbitration); (@) alimony pendente lite. (Sx3=15 marks) PART-II 8. Mr. Kerngala passed away in a private hospital in Galle on the 6* day of May 2019. (@ He left a last will attested by K. Bandara, Attomey-at-Law and Notary Public No. 1200 dated 2™ May 2015. The executrix of the last will is Mrs. Damitha Keragala. (b) The beirs are the wife, three daughters and two sons. Their names / property given under the last will are as follows- Damitha Keragala - House in Elliot Road, Galle, 10 acres of paddy and 20 perches of land in Matara Town Ramani Perera - Apartment situated in Galle town Ruvini de Mel = Apartment situated in Galle town RangikaKeragala - ‘1 acres of coconut in Matara and 10 perches of land in Galle (three daughters) Harin Keragala © -—~—=——15 acres of paddy in Ambalanthota and 10 perches of land in Galle Dasun Keragala - —=—‘1S acres of Tea in Ratnapura and 10 perches of land in Galle (two sons) (©) Liabilities - Loan of two million to the Commercial Bank, Galle Branch You are required to draft the form of application for Probate under Form No. 82 of the Civil Procedure Code as amended. The following particulars to be included- Full Caption / particulars- not more than 6 paragraphs / prayer / formal conclusion / Schedule of the property as mentioned in the scenario- [details not necessary). [Drafting of the Last will /AfTidavit not necessary] (20 marks) Page 30f 4 >cannea witn Lamscanties case? 9. What ring of a testamentary are the orders that may be made by the court on the final hearing of s is aets) 10. (a) Write a note on issue of letters ad colligenda. (6 marks) (b) Explain the procedure for sealing of foreign probates or letters of administration. (7 marks) (Total 15 marks) 11. Write short notes on the following- (8) application for administration by the Public Trustee; (b) when the estate of a deceased person is deemed to be insolvent; and (©) effect of judicial settlement of accounts (5x3=15 marks) ocanned witn Lamscani