2009
100644
Time 3 Hours Max. Marks 100
Note:

Each question carries three marks.


For objective type questions in Part-I candidate has to indicate his choice on the answerbook by pointing out the clause against each question (e.g. Q.l or likewise)


Answers given in the aforesaid manner only will be treated as valid.

In Part -II figure mentioned in the bracket on the extreme right indicate the marks carried for that question or sub-question.


Candidate should not write roll number, any same (including their signature, address or any indication of their identity anywhere inside the answer book otherwise he will be penalised.


PART

Objective Questions -60 Marks 3 Marks each
FUNDAMENTAL LAWS
1. The Bombay Public Trusts Act, 1950 is applicable to

Public Trusts in the Bombay State.


Public and Private Trusts in the State of Gujarat.


Public Trusts or Class of Public Trusts in different areas of the State of Maharashtra as specified in Section 1 of the Act.


Public Trusts in the State of Maharashtra and Gujarat.


2. The Right to Establish a Trust is conferred by

Indian Trust Act, 1882


Official Trustee Act


Article 19 of the Constitution of India


Societies Registration Act, 1860


3. A Private Trust may be created for:

A lawful purpose


A Moral purpose


A Scientific purpose


A Educational purpose


P.T.O.

2
ACM
4. A Trust may be created by

Trustee


Beneficiary


Charity Commissioner


Every person competent to contract


5. A Public Trust shall be Registered by

A Trustee


Manager of the Trust


Accountant


The Court


6. The Indian Succession Act, 1925 is applicable to

Disposal of Trusts and Funds


Intestate and Testamentary Succession


Contractual and non-Testamentary disposition


Succession to Public property


7. Change Report is filed under

The Companies Act, 1956


The Registration Act


The Acquisition and Requisition of Immovable property Act


The B.P.T. Act, 1950


8. A Small Causes Court in Mumbai is governed by

Provincial Small Causes Courts Act, 1887.


Code of Criminal Procedure, 1973.


Presidency Small Causes Court Act, 1882.


Civil Courts Act, 1889.


9. Part II of the Indian Succession Act, 1925 does not apply to

Christians


Parsis ..


Hindu, Mohammeden, Buddhist, Sikh or Jains


Adivasis and Tribals


10. Section 36 of the Bombay Public Trust Act, 1950 is applicable to (a)lienation of Moveable property of Public Trust.

Alienation of Immovable property of Public Trust.


Creation of Mortgage of immovable property of Public Trust.


Creation of Charge on both, movable and immovable properties of Public Trust.


11. "Charge" and "Exchange" are:

Modes of Transfer of property


Negotiable Instruments


Right of Government to collect revenue or taxes by attachment and sale of property?


Restrictions on holding a property?


12. Sub-Divisional Officer, Deputy Collector, Collector and Commissioner are the authorities exercising powers under

Income Tax Act


Sales Tax Act


Bombay Provincial Municipal Corporation Act


Maharashtra Land Revenue Code


13. Right to property is

Fundamental right


Constitutional right


Moral right


Contractual right


14. Doctrine of Merger deals with:

Merger of self acquired property into the joint family property.


Merger of different cadres to form uniform cadre.


Merger of the lands during consolidation of holdings.


Merger of appellate courts judgement into the original/Trial Court's judgement.


15. Pre-arrest bail is granted under:
I.P.c.

Code of Civil Procedure


International Convention of Human Rights


Section 438 of the Code of Criminal Procedure


28. Translate the following passage in English
.m.


400032.


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SlCfl0Hl«J 31W SflllA 'lRTCfrn" 3lit mqp:r fu:ITq:i 30 2004 f1 l ffYd qRq51Cflld 3lR9'
cU«JfqCfl 'BT."Sl.fu. 24 2004 QRq51CflI!>ll1lU) 31mT fu:ITq:i 10 l=fRf 2003 qCG:cfljfll{ mtfrcnTU 30 2004 QRQ51CflldIC"l Cfl14ClIt?1 'lll fdCflloD a{fqf!<A1 Sfll1ClIU q"'3Ul ;:£jIIIC"Illl'tilI Sfll1CITfr 311%" Cfl{Ollld <tf 311%". 31mT a<fqf!0'l1 i*1l1ClIU:q1 "Cfl"{ffi Sfll1ClIU !>Il1l1J) mtrr
31fY'UT 'lll mf'e/Cfll-=lli""ll
3ffl't fcAm 311%".

-000­
4 ACM
16. Discovery and Inspection and administering interrogatories is a procedure under:
Common law
Penal law
Code of Civil Procedure while trying civil suits and proceedings
Service law
17. The term"Award and Decree" is used to denote:
The order of Commissioner of Income Tax.
The order of Collector passed while recovering the revenue.
Order of Civil Court, Arbitrator, Industrial Court, Cooperative Court etc.,
Final order of Supreme Court.
18. The word "Primary and Secondary evidence" is part of
Law of procedure
Principles of fair play and justice
Law of Evidence
Banking and Security law
19. Framing of issues is necessary for deciding a
Civil suit
Appeal
Revision Application
Review application
20. Law of Evidence is inapplicable to
Civil Cases
Trial of Criminal cases
Summary trials
Arbitration reference

p.T.a.
PART -II
Conventional Type -40 Marks

PROCEDURAL LAWS
PRECIS WRITING (Marathi and English)
OFFICE TRANSLATION (Marathi and English)

21.
What are the basic principles for interpreting a Deed? 5

22.
What is the Doctrine of Cypres 5

23.
Discuss the Alternate Dispute Redressal Mechanism introduced in the Civil Procedure 5 Code.

24.
What is the distinction between Burden of Proof and Onus of Proof. Discuss. 5

25.
Explain the concept of Secularism as envisaged by the Constitution of India. 5


(To be answered in Marathi).
26.
Is undue exphasis on Religion the sole reason for growing intolerance, fanaticism and 5 terrorism in the world. Kindly comment. (To be answered in English).

27.
Translate the following passage in Marathi 5


11 •
Doctors are using computers more and more in their daily routines. These includes diagnosis of diseases, treatments, administration of medicines and drugs etc. Computer in hospitals and private nursing homes are used to maintain information about the patients, their medical records and keep tab on their progress. Computers are used in efficient management of hospital administration.
• Computers have been used to create exhaustive medical databases. These databases contain information about diseases, their diagnosis and treatments. Doctors can get information from distant data banks and expert systems. An expert system is a programme based on the expert system is a programme based on the expert knowledge of specialists. It is a diagnostic tool for doctors. The doctors supply detailed information such as symptoms, medical history, test results etc. of the patient. Computer processes this information and suggests a diagnosis. The databases in the expert systems must be constantly checked and updated."
P.T.D.