Rajasthan Civil Judge Mains 2018 Question Paper

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Rajasthan Judicial Service Mains Examination 2018

RAJASTHAN JUDICIAL SERVICE (RJS) MAINS

PAPER I: CIVIL LAW

Note: Attempt all questions. Marks of each question are mentioned against the question.

1. [Constitution of India] Whether the Limitation Act, 1963 applies to the proceedings under

Articles 32 and 226 of the Constitution of India? Explain in brief. (3 marks)

2. [Constitution of India] What are “Money Bills” under the Constitution? By which judgment

did a Constitution Bench of the Hon’ble Supreme Court uphold the passing of the Aadhaar

(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 as a

Money Bill? (3 marks)

3. [Code of Civil Procedure] Define “pleader” under the Code of Civil Procedure, 1908.

Describe the provisions relating to the appointment of a pleader. (3 marks)

4. [Code of Civil Procedure] Write a short note on suits by indigent persons. Under what

circumstances shall the court reject an application for permission to sue as an indigent

person? (3 marks)

5. [Transfer of Property Act] Whether the following transactions amount to a transfer? Explain

in short. (3 marks)

(A) Partition.

(B) Exchange.

6. [Transfer of Property Act] ‘A’ deposits the title deeds of his property with Bank ‘X’ to secure

an overdraft. ‘A’ asks the Bank to return the deeds on the ground that he wants to sell the

property and clear the overdraft. The usual practice in such a case was for the prospective

buyer to inspect the title deeds in the office of the mortgagee’s advocate. But ‘A’ said that he

would not get a good price if the buyer came to know that the Bank had the deeds. The Bank

manager returned the deeds to ‘A’. Then ‘A’ borrowed money from another Bank, ‘Y’, on the

deposit of the same title deeds, falsely representing that there was no encumbrance. As

between Banks ‘X’ and ‘Y’, who will have the priority to recover the dues from the

property? Support your answer with the relevant provision of law. (3 marks)

7. [Specific Relief Act] State in brief, with statutory provisions and reasons, whether a

permanent injunction can be granted in the following cases: (3 marks)