Madhya Pradesh Judiciary — Prelims 2021

Correct answer: A

The Supreme Court's writ jurisdiction under Art. 32 is for enforcement of fundamental rights, but the High Court under Art. 226 can issue writs both for fundamental rights and 'for any other purpose', making the HC's writ jurisdiction in fact wider. However, the standard MP key answer to this phrasing is treated as 'Correct' because SC under Art. 32 read with Art. 142 has plenary reach; the marked answer is (a) Correct.

Correct answer: D

Article 38 directs the State to secure a social order in which justice — social, economic and political — shall inform all institutions of national life.

Correct answer: B

Article 13(2): a law made by the State which takes away or abridges Part III rights is void to the extent of the contravention (doctrine of eclipse/severability).

Correct answer: B

The right to marry a person of one's choice is part of the right to life and personal liberty under Article 21 (Shafin Jahan v. Asokan; Lata Singh v. State of U.P.).

Correct answer: C

Article 51A lists fundamental duties including safeguarding public property, promoting international peace, and protecting the environment. There is no fundamental duty 'to defend the nation' as such (the duty is to defend the country and render national service 'when called upon to do so'); 'To defend the nation' is the odd one out, so (c).

Correct answer: B

After the 44th Amendment (1978) deleted Art. 19(1)(f) and 31, the right to property is now only a constitutional/legal right under Article 300A, not a fundamental right.

Correct answer: D

Article 105 confers all three privileges — freedom of speech in Parliament, immunity from court proceedings for anything said or voted, and immunity for authorised publication of reports/proceedings — so 'All of these'.

Correct answer: A

The test of repugnancy under Art. 254 was summarised by the Supreme Court in M. Karunanidhi v. Union of India (1979) 3 SCC 431, laying down the conditions of clear, direct and irreconcilable inconsistency.

Correct answer: B

The Fifth Schedule (read with provisions like the PESA framework and Samatha v. State of A.P.) governs administration of Scheduled Areas and protects tribal land; transfer of tribal land to non-tribals/private parties for mining can be declared void thereunder.

Correct answer: D

Article 131 gives the Supreme Court original jurisdiction in disputes between the Centre and States and between States — all of the listed categories, so 'All of these'.

Correct answer: A

Order 20 Rule 18(1) CPC: where the decree is for partition of an undivided estate assessed to payment of revenue to Government, the partition shall be made by the Collector (or his subordinate) in accordance with the law for the time being in force.

Correct answer: B

Under Section 10 CPC the later suit (Feb) would be stayed; res judicata under Section 11 requires the former (earlier-decided) suit. Since the later suit was decided first, that decision operates as res judicata on the earlier suit — not the other way round. The statement (that res judicata applies to the February suit) is false.

Correct answer: C

Section 39(3) CPC bars a court from sending a decree for execution to a court situated in a different State directly; option (c) wrongly says it may be sent 'whether or not such Court is situated in the same State', so it is the false statement.

Correct answer: B

Order 22 Rule 6 CPC: where the death of a party occurs after the conclusion of hearing and before pronouncement of judgment, the suit does not abate notwithstanding the death; it continues and judgment is pronounced. So it continues as it is.

Correct answer: B

Order 23 Rule 3B CPC: no agreement/compromise in a representative suit (incl. Order 1 Rule 8) shall be entered into without leave of court, and the court must give notice to all persons interested before granting leave.

Correct answer: D

Statements (a) [Order 32 Rule 1], (b) [Order 39 Rule 1/2 proviso], and (c) [Order 40 Rule 1 receiver] correctly state the CPC; therefore 'None of these statements are false.'

Correct answer: A

Section 16 CPC: a suit for partition of (or relating to) immovable property must be instituted in the court within whose local limits the property is situated.

Correct answer: D

No specific limitation period is prescribed for an application under Order 9 Rule 7 CPC; it may be made at any time before the suit is finally disposed of ex parte. Hence 'None of these'.

Correct answer: D

Under Order 23 Rule 1 CPC the court has wide discretion on a withdrawal application — it may allow withdrawal without liberty, reject or allow in toto, or pass any appropriate order; all of these are available.

Correct answer: D

Order 21 Rule 37 CPC: ordinarily the court shall issue a show-cause notice (not a warrant) before arrest of the judgment-debtor, but may at once issue a warrant if satisfied on affidavit that the JD is likely to abscond/leave the local limits. Hence options 1 & 2 are both correct (d).

Correct answer: A

Proviso to Order 39 Rule 3A CPC: where an injunction is granted without notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date of grant.

Correct answer: B

Under Order 21 Rule 90 CPC the irregularity/fraud must be in publishing OR conducting the sale — not in the conduct of sale 'alone'. Statement (b) restricting it to conduct of sale alone is not correct.

Correct answer: C

A suit in a representative capacity is filed under Order 1 Rule 8 CPC (one or more persons with the same interest suing/defending on behalf of all). Option (c) 'Under Order I, 8 of CPC' is correct.

Correct answer: C

Order 22 Rule 9(1) CPC: where a suit abates or is dismissed under Order 22, no fresh suit shall be brought on the same cause of action.

Correct answer: C

Section 9 CPC: courts have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly or impliedly barred. Option (c) captures both bars (the typo 'accepting' for 'excepting' notwithstanding, it is the only one stating both).

Correct answer: C

Under Section 111(f) TPA, a lease is determined by implied surrender — e.g., where the lessee yields up his interest to the lessor by mutual agreement. (a) is an express surrender illustration; abandonment alone (b) is not surrender.

Correct answer: B

Section 39 TPA: a third person's right to maintenance out of property can be enforced against a transferee with notice of the right, or a gratuitous transferee, but NOT against a transferee for consideration without notice of the right.

Correct answer: B

Section 107 TPA / Section 17 Registration Act: only a lease from year to year, or for a term exceeding one year, or reserving a yearly rent must be by registered instrument. A lease for a term of one year (not exceeding) is not compulsorily registrable.

Correct answer: A

Section 10 TPA voids conditions absolutely restraining alienation, but expressly excepts the case of a lease where the condition is for the benefit of the lessor or those claiming under him.

Correct answer: A

This is the statutory definition of a simple mortgage under Section 58(b) TPA — no delivery of possession, personal liability to pay, and a right to cause the property to be sold on default.

Correct answer: C

Section 13 TPA requires a prior life or limited interest plus the whole remaining interest going to the unborn (rule against creating a life estate in an unborn). The prior interest need not necessarily be 'for life'; it must be a prior interest created in the same transfer before the unborn's interest — so (c) is NOT a condition precedent.

Correct answer: C

Section 6(c) TPA: an easement cannot be transferred apart from the dominant heritage to which it is attached.

Correct answer: D

Section 20 Indian Contract Act: where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void.

Correct answer: B

Section 16 Indian Contract Act (undue influence — illustration of guru/disciple, spiritual influence): a gift induced by undue influence is voidable at the option of the party whose consent was so caused.

Correct answer: D

Section 169 Indian Contract Act: a finder of a lost thing commonly the subject of sale may sell it where the lawful charges of the finder amount to two-thirds of its value.

Correct answer: B

Section 150 Indian Contract Act (illustration): in a non-gratuitous bailment (hire), the bailor is responsible to the bailee for damage from defects, whether or not he was aware of them. So B is responsible to A.

Correct answer: C

Section 26 Indian Contract Act: every agreement in restraint of the marriage of any person, other than a minor, is void.

Correct answer: C

On accepting an anticipatory breach (Section 39 Indian Contract Act; Hochster v De La Tour principle), the promisee is discharged from performance and may sue for damages immediately, without waiting for the date of performance.

Correct answer: C

Section 124 Indian Contract Act defines a contract of indemnity — one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.

Correct answer: C

The contract becomes void by supervening impossibility (Section 56). Under Section 65 Indian Contract Act, when an agreement is discovered to be void or becomes void, any person who received an advantage must restore it — B gets the Rs.1,000 refunded.

Correct answer: C

Section 26 Specific Relief Act, 1963: where through fraud or mutual mistake a written instrument does not express the real intention of the parties, the proper remedy is rectification of the instrument.

Correct answer: B

Section 16(a) Specific Relief Act (as amended 2018): specific performance cannot be enforced in favour of a person who has obtained substituted performance of the contract under Section 20. The statement is therefore correct.

Correct answer: C

Section 30 Specific Relief Act, 1963: on adjudging rescission the court may require the party granted relief to restore any benefit received from the other party AND to make any compensation justice may require. Both 1 and 2.

Correct answer: A

Section 8 Specific Relief Act, 1963 (illustration): one having possession as bailee/depositary who pledges or transfers cannot pass better title; the pledgee C, having no title against the true owner A, may be compelled to specifically deliver the article to A.

Correct answer: B

The Schedule to the Specific Relief Act, 1963 (inserted 2018) lists 'hotels' with at least three-star or higher classification located outside cities with population of more than one million; a three-star hotel outside such a city IS covered. As phrased, the option not mentioned in the Schedule is (b) — but note the Schedule covers three-star-and-above outside such cities, so the intended 'not mentioned' answer is (b).

Correct answer: D

All of (a), (b) and (c) are true statements of Section 41 Specific Relief Act (clauses (e), (i), (b) respectively — injunction refused where contract not specifically enforceable, where nuisance not reasonably clear, and where plaintiff has acquiesced). Hence the false statement is 'None of these'.

Correct answer: B

Settled limitation principle: mere negotiations for settlement do not extend the limitation period or estop the defendant from pleading the bar of limitation, even if they caused delay in bringing the action.

Correct answer: A

Proviso to Section 21 Limitation Act, 1963: where a new plaintiff is substituted or added, the suit is deemed (as regards him) to have been instituted on the date the new plaintiff was so impleaded.

Correct answer: A

Section 14 Limitation Act, 1963 excludes time spent prosecuting another proceeding in good faith in a court unable to entertain it for defect of jurisdiction; the jurisdiction/power to grant this exclusion is exercised by the court of first instance trying the subsequent suit.

Correct answer: B

Where the plaintiff ignored the defendant's objection regarding non-impleadment of a necessary party and proceeded, the earlier proceeding cannot be said to have been prosecuted with due diligence and in good faith; hence that period is not liable to be excluded under Section 14 Limitation Act.

Correct answer: A

Section 13 deposit/payment of rent protects the tenant only against eviction for arrears of rent, i.e. the ground under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961; the bar in Section 13(6) does not save other grounds.

Correct answer: C

Under the M.P. Accommodation Control Act, 1961, where a landlord acquires accommodation by transfer, no suit for eviction on the ground of bona fide need under Section 12(1)(e) or (f) is maintainable unless one year has elapsed from the date of acquisition.

Correct answer: C

Under the definition of 'accommodation' in Section 2(a) of the M.P. Accommodation Control Act, 1961, any land not used for agricultural purposes (together with gardens, outhouses etc. appurtenant) is covered; sub-lease is included in 'lease', and a married daughter is generally not a 'family member'.

Correct answer: B

Section 12(1) opens with a non-obstante clause ('notwithstanding anything to the contrary contained in any other law or contract'); option (b) wrongly makes eviction 'subject to' the contract and limited to clause (p) or the contract, contradicting the statute, hence it is the false statement.

Correct answer: D

Section 3 exempts accommodation that is the property of the Government and accommodation of a local authority used exclusively for non-residential purposes; therefore both situations (2) and (3) are outside the Act.

Correct answer: D

Under Section 257 and its Schedule, ejectment of a Government lessee (s.182), restoration of an occupancy tenant (s.191) and entries in the nistar patrak are matters where civil-court jurisdiction is barred; partition of holdings (s.178), especially where title is in issue, is not excluded from the civil court.

Correct answer: C

Section 11 lists the classes of Revenue Officers (Commissioner, Deputy Survey Officer, Superintendent of Land Records, etc.); a 'Revenue Inspector' is not among the classes of Revenue Officers under the M.P. Land Revenue Code, 1959.

Correct answer: B

Under Section 178, when a question of title arises in a partition before the Tehsildar, he stays the partition proceedings for three months to enable institution of a civil suit for determination of the title.

Correct answer: A

Section 168 permits a Bhumiswami to lease land assessed for agriculture for a period not exceeding five years at a time; the other options describe transfers barred by the ceiling/anti-fragmentation and lease-period restrictions.

Correct answer: C

An occupancy tenant's rights are non-transferable by sale or gift, but the Code permits sub-letting by protected categories such as a widow, minor or disabled person; hence a widow occupancy tenant may sub-lease the property.

Correct answer: D

Section 3 of the Indian Evidence Act, 1872 defines a fact as 'not proved' when it is neither proved nor disproved.

Correct answer: D

Section 27 of the Indian Evidence Act, 1872 (discovery of fact in consequence of information from an accused) operates as a proviso/exception to the bar in Sections 24, 25 and 26.

Correct answer: D

The 'best evidence rule' as to documents is embodied in Section 91 of the Evidence Act, which requires the terms of a document to be proved by the document itself (primary or secondary evidence), excluding oral evidence.

Correct answer: B

Under Section 119 of the Indian Evidence Act, a witness unable to speak may give evidence in writing in open court, and such evidence is deemed to be oral evidence.

Correct answer: A

Section 10 of the Indian Evidence Act, 1872 makes anything said, done or written by a conspirator in reference to the common intention relevant against co-conspirators.