WBCS (JUDICIAL) EXAMINATION — 2011

PARTNERSHIP ACT
Time Allowed: 3 Ilours
Full Mårks : 100
If-the questions attempted are in excess ofthe prescribed nunaber, only
the questions attemptedfirst up to the prescribéd number shall be
valued and the rentaining 'ones ignored.
Answers may be written either in English or in Bengali but all
answers must be in one and the same language.
Separate Answers Books to be usedfor Group-A and Group,B
(In case a candidate write answers to questions on
Group-'B' jn the answer book meant for Group-'A' and
vice-versa such answers will not be evaluated)'

GROUP-A
Answer any five questions.
1. Joint tenancy, joint property, common property and part
ownership do not by itself constitute partnership as to anything so held
or owned whether tenants or owners do 0K do not share any profit made
by the use thereof. Explain.
2. (a) What are the three most essential features of a partnership? .5
(b) Ram and Råhirw agreed to workftogethet as carpenters but Ram
shall receive all' profits and shall, pay wages, to Rahim. {Should Ram
and Rahim be considered as partners?

3. (a) Compare between co-ownership and partnership. 5 (b) The

agreement between the author and the publisher is to divide the profit
but the.publGher is taking all the risks and the author is receiving
royalty on each copy of books sold. Are they partners? 5

4. (a) Partnership firm is not a distinct legal entity and the

partnership
)roperty belongs to all the partners constituting the firm. Explain. 5

(b) Firm is not at liberty to mislead the public by using a name similar
5 o the name of another firm.
5. (a) An illegal partnership can prosecute a 'person for theft Gf its
)roperty. Explain.
(b) Define Sleeping partner.

6. (a) Compare between Joint Hindu Family Business and Partnership.

5
(b) Whether a concern is a partnership firm or not is ordinarily%a 5
uestion of fact. Explain.
 2 WBCS •Judicial Optional Question Paper 2011

GROUP-B
Answer any fiye questions.
7. (a) What is a partnership at will?
(b) What are the general duties of partners?
8. Can a partner, by contract between the partners, be •exempted from
liability to the firm for loss caused by his s neglect even if wilful, in the
conduct of the business? Explain. 10
9. (a) A partner cannot be an employee of the firm. Explain.
(b) •Are partners liable to share loss equally?
10. The goodwill of the business carried on by a firm, so far as it
has a sellable value is partnership property, uhlless the contrary can be
shown Explain. 10 11. A firm had as its
object, tråde in rice, paddy and ground nut wi the usual pröcessing of
those articles. There was an express provision in the partnership deed
authorising them "to deal in any other commodity as may be agreed
upon by partners". Was there an implied authority for dealing in
turmeric? 10
12. A bill was drawn on a firm in its usual name of M company
and accepted by an authorised agent. A was formerly a partner in the
 firm but not to the knowledge of B, the holder of the bill and ceased
to be so before the date of the bili Can B sue A upon the bill? 10
MOHAMMEDAN LAW
TilheAllojved : 3 Hours Full Marks : 100
Answers ntay be written either in English or in Bengali but all
answers must be in one and the same languåÉe.
Separate Answers Books to be usedfor Group-A and Group-B
(In case a candidate write answers to questions on Group- 'B
j in the answer book meantfor Group- ' and vice-versa
such answers will not be evaluated).
All questions are compulsory.
GROUP-A
I. H, a Muslim married W agreeing to pay Rs. 25,000/- as mehr,
half f which is prompt and the other half deferred. H died without
nnsummation or valid retirement. Is W entitled to dower? If so, how
nuch? Subsequently W manicd A without åny agreement of payment
of lower. W isdivorced by A after consummation. She claims the
amount f mehr, i.e., Rs. 25,000/- from A. A refuses to pay on the
ground that here was no agreement to pay any mehr. Is W entitled to
receive any lehr from A? If so, how would you determine the
amount? •What ifference will it make in case she is divorced by A
without consummation 18 r valid retirement?
2. (a) What do you understand by Option of Puberty?
(b) A Muslim minor girl is given ili marriage by her father, when she
itained the age of 17 h (seventeen and a half) years, she repudiated the
8 WBCS Judicial Optional Qucstion Papcr—2011
marriage and brought suit for dissolution of her marriage.What fa she is
required to prove in order to succeed'? Can the hUsband SUCceSsful
resist the suit on any ground?
3. (a) A Hindu, who bås a HindWwife and children, embraces Isla
and marries a Mohammedan wife and has ghildren from her; On his
dea his Hindu widow and children claim share. in his assets. Decide
this c with reason.
(b) A Muslim, already married in India, goes to England and contr
a marriage with an English woman: Is fthe marriage with English wo
valid? Will the Coun in England recognise the marriage solemnised
India? If so, to what exten!?
4. Write short notes on any three of the following: (a) Hiba-
ba-Shar-tu1-iwaz; (b) Zihar; (c) Qias; (d) Right of Pre-emption.
GROUP-B
5. M, a Hanafi Mohammedan male was married to S, a
Mohammeda female. He made a gift of his properties including
immovable
S by a registered deed. S was a minor at the time when the gift
was mad but neither her father nor grandfather were alive then.
She and her husban were living at that time in her mother's house,
who was alive. M about *two years subsequent to without leaving"
any issue. S, also sometime later without leaving any issue.
Thereafter the beirs of M claim the share of the property as against
the heirs of S.
How would you decide this casew Give reasons for your answer;
6. Discuss the Muslim Personal Law of maintenance to a
Muslim WI on divorce. Discuss the effect of codification of the
law by the Musli Women (Protection of Rights on Divorce) Act,
1986.
7, are the main schools and süb-schools of Mohammedan Exp in
them in brief.
. Write short notes on any three of the following:
(a) Jabar;
(b) Marz-u!-mant;
(c) Muta Marriage;'
(d) Sajjadanasin.
 PRINCIPLES OF EQUITY INCLUDING LAW OF
TRUST AND SPECIFIC RELIEF
Time Allowed : 3 Hours Full Marks : 100
Ifthe questions attempted are in excess of the prescribed number,
only the questions attemptedfirst up to the prescribed numbershall
be valued and the rentaining ones ignored.
10 WBCS Judicial Optional Question Paper—2011
Answers ntay be written either in English or in Bengali but all
anMvers ntust be in one and .the scone language.
AnsU'er all the Questions.
1. The idea of ' 'Equity" is synonymous With fairness and
Justice Explain.
2. Locate the concept of "Equity" under the Indian Lcgal
Systems
3. Explain :(i) He who seeks Equity must do equity,
(ii) Equity looks to the Intent rather to the Form. 5+5
4. As by Will or deed gives to B property belonging to C and by
the same instilment gives another property belonging to himself to C.
Explain concept of Election using this fact situation. 10
5. (i) What is Fraud in Equity?
(ii) Explain the difference between actual' and constructive fraud, (ii)
Explain the difference between fraud and misrepresentation.
2+4+4 1
6. What is the position of married women and guardian under the
Indian Law? 5+5
7. Explain the difference.between
(i) Tnast and Bailment with necessary examples (ii)
Trust and Debt with necessary examples.
8. Define following terms .
(i) Simple Trust
 (ii) Special Trust (iii) Private Trust
(iv) Public Trust
(v) Constructive Trust
9. (i) Whai is Rule of three Ceftainties? 2x5 (ii) Who can be Trustee and
Beneficiaty'?
10. What are the Rights, Duties and Liabilities of Trustee? 3+3+
11. What are the different kinds of ipecific reliefs available ?
12. What are the relating to specific of contract? 1
LAW OF LIMITATION AND LAW OF PRESCRIPTION

fime Allowed : 3 Hours Full Marks : 100

Ifthe questions attempted are inuxcess of the prescribed number,
only the questions attemptedfirst up to the prescribed number
shall be valued and the rengaining ones ignored.
Answers may be written either in English or in Bengali but all
answers must be in one and the saute language.
Separate Answers Books to be usedfor Group-A and Group-B.
12 WBCS Judicial Optional Question Paper--—2011

(In case,a candidate answers to questiovs on Group- 'B ' in book

jneantfor Group- 'A ' and vice-versa Such answers
will not be evaluated).
GROUP-A (Marks 50)
Answer any two questions.

1. (a) Discuss the meaning, scope and object of Law of Limi!atio

(b) Explain the maxim "interest rcipublicate ut sit finis litium„
2. (a) "Law of Limitation is retrospective in
(b) Does .the Limitation Act apply to Criminal
Proceedings?
(c) Distinguish between (i) Limitation and Prescription; (ii)
Limitat. and Laches.
3. (a) To get a delay condoned, "Everyday's delay must be explain
—Discuss.
(b) What do you understand by legal disability?
(c) An appeal, due to be filed within a statutory period of
thirty da is being filed after three months. Will such an appeal be
admitted? is the procedure to be adopted prior to Its filing to
prevent its rejecti upon filin6?
GROUP-B (Marks 50)
Answer any two questions.
4. (a) Discuss the effect of death on or before the accrual of the ri
sue.
(b) Briefly explain the effect of fraud or mistake on
computation .the period of limitation.
(c) The defendant wrongfully collected the money due to the
plain and not only did he not inform the plaintiff of it but even
brought a f suit to cover his tricks, From when the time will be seen
in a suit recover the money?

5, (a) Narrate the conditions under which an

acknowledgement give fresh starting point of the period of
limit@tion. State the fundamen difference between the provisiohs set
forth in sections 18 and 19 oft Limitation Act.
(b) What is adverse possession? Can it even create a valid title?
6. Explain the following matters as mentioned under Indian
Easetfl Act, 1882:

(a) Easement as a right; (b) Easement of necessity; (c) Dominå

owner or dominant heritage and servient 'owner and survient herita
(d) Acquisition by prescription; (e) Suspension and Extinction
Easement,