MP Civil Judge Mains 2018 Question Paper

Page 1 as text

Madhya Pradesh Judicial Service Mains Examination 2018

MADHYA PRADESH CIVIL JUDGE (MAINS)

FIRST PAPER: CIVIL LAW

CONSTITUTION OF INDIA

1. (a) Describe the right to life and personal liberty. Whether the death sentence is violative

of Article 21? How may the right to life and personal liberty, guaranteed by Article

21, be curtailed?

(b) “A declaration of Fundamental Rights is meaningless unless there is an effective

judicial remedy for their enforcement.” Comment. What are the judicial remedies

which the Constitution provides? Explain in brief.

CIVIL PROCEDURE CODE, 1908

2. Define (2 marks for each): (A) Legal representative; (B) Mesne profits; (C) Decree;

(D) Order.

Whether any change in the interpretation of a relevant provision of law permits the

parties to re-agitate matters which have been finally decided by a court of competent

jurisdiction?

TRANSFER OF PROPERTY ACT, 1882

3. Explain the right of redemption of a mortgagor. Whether a mortgagor can seek

partial redemption?

Section 5 of the Transfer of Property Act provides that the expression “transfer of

property” means an act by which a living person conveys property, in present or in

future, to one or more other living persons, or to himself and one or more other

living persons: (i) Whether a family arrangement is a transfer? (ii) Whether a

surrender amounts to a transfer? (iii) Whether an idol is a living person?

INDIAN CONTRACT ACT, 1872

4. What will be the place for performance of a promise where no application is to be

made and no place is fixed for performance? Please give an example. What will be

the time for performance of a promise where no application is to be made and no

time is specified? Please clarify the legal provision.