Overview: The 2024 Mains Exam of MPCJ is scheduled for 30 March 2024 and 31 March 2024

To help you with all the last moment doubts, quick revision, and previous year's paper discussion, we have complied all papers of MPSC Mains last 5 years. The questions mentioned below are some of the most asked topics from MPCJ Mains’s perspective. 

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Constitution Law

The Constitutional Law held a major weightage of 20 marks in MPCJ Mains Exam. Listed below are some of the important previous year's questions from Constitution Law. 

2016 Questions

Question: Discuss the terms "Equality before Law" and "Equal Protection of Laws" as provided in the constitution of India. State the exception also? [2016]

Answer Outline:

• Introduction - Article -14
• Equality before law
• Equal protection of laws
• To what extent special treatment may be given? (Reasonable Classification)
• State of W.B. v. Anwar Ali Sarkar, E.P. Royappa v. the State of T.N.
• Exceptions
• Article 361
• Article 105
• U.N. and its agencies, foreign rulers, ambassadors, and diplomatic persons.
• Conclusion

Question: Discuss the freedom of speech and expression. Does it include freedom of the press also? What is the restriction on the exercise of this right? [2016]

Answer Outline:

• Introduction - Article 19(1)(a)
• Meaning and expansion of Freedom of Speech and Expression
• Freedom of Press
• Romesh Thapar v. the State of Madras: Indian Express Newspaper v. U.O.I.
• Restriction under Article 19(2)
• Conclusion

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2018 MPCJ Questions

Question: Describe the right to life and personal liberty, and whether the death sentence is violative of Article 21. How may the Right to Life and Personal Liberty, guaranteed by Article 21, be curtailed?

Answer Outline:

• Introduction
• Expansion of Right to Life and Personal Liberty
• Whether the death sentence is in violation of the Right to Life and Personal Liberty?
• The Procedure Established by Law and Due Process of Law (Maneka Gandhi)
• Bachan Singh v. the State of Punjab
• Conclusion

Question: "A declaration of Fundamental Rights is meaningless unless there is an effective judicial remedy for their enforcement." Comment. What are the judicial remedies that the Constitution provides? Explain in brief.

Answer Outline:

• Introduction
• Article 32
• Article 226
• Minerva Mills v. U.O.I.
• Romesh Thapar v. the State of Madras
• Explain all 5 writs in brief

2019 Phase One:

Question: State the legislative power of Union and State? Under what circumstances does the Union legislate on matters pertaining to the State list?

Answer Outline:

• Introduction- Quasi-federal structure; 7th Schedule
• Article 245
• Article 246
• Article 248
• When can Parliament legislate on matters pertaining to the State list?
• Article 249
• Article 250
• Article 252
• Article 253
• Conclusion

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2019 Phase Two:

Question: Discuss the right to freedom of religion under the Constitution of India and explain its limitations of it.

Answer Outline:

• Introduction 
• Article 25
• Bijoe Emmanuel v. State of Kerala
• Stanislaus v. State of Madhya Pradesh.
• Article 26
• Article 27
• Article 28
• Reasonable Restrictions
• Conclusion

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Question: Describe the Protection in respect of Conviction for an offence as provided under the Constitution. Compare the same with analogous provisions under Criminal Law. [2019]

Answer Outline:

• Introduction
• Article 20(1) Ex-Post Facto Law
• Article 20(2) Right against double jeopardy (Short note in 2017)
• Section 300(1) and (2); autrefois acquit, autrefois convict
• Article 20(3) Right against self-incrimination
• Nandini Satpathy v. PL. Dani

Civil Procedure Code (CPC)

Civil Procedure Code held 20 marks in Paper 1 of MPCJ Mains Exam previously. The following entails a list of the previous year's questions of CPC.

2016 Questions

Question: Explain the provisions about the disposal of the suit at the first hearing under Order 15 of CPC 1908. [2016]

Answer Outline:

• Introduction - Order 10, 14, 15 general relation
• Order 15 general introduction
• Rule1 - Parties not at issue
• Rule 2 - One of several defendants not at issue
• Rule 3 - Parties at issue
• Rule 4 - Failure to produce evidence

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Question: Discuss the law relating to arrest and detention of judgment debtor in Civil Prison in execution proceeding.

Answer Outline:

• Introduction
• Section 51(C)
• Provision of Arrest and Detention (55 TO 59)
• Arrest and detention - WHEN - any hour and on any day, and his detention may be in the civil prison provided.
• Firstly, no entry after sunset and before sunrise:
• No booking open unless occupancy of the judgment-debtor
• He may break open the door of any room in which he has reason to believe the judgment-debtor is to be found woman (P.N.) after allowing a reasonable time facility for withdrawing, may enter the room to make the arrest:
• Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
• The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be tended with danger or inconvenience to the public shall not be liable for arrest.
• Information by the court that he may go for an insolvent proceeding and if he expresses his intention to do so within 1 month the court may release him.
• 56 - Prohibition of arrest or detention of women in the execution of a decree for money
• 57 - Subsistence-allowance.
• 58 - Detention and release.-Amount exceeding five thousand rupees, period not exceeding three months, money exceeding two thousand but not exceeding five thousand rupees, for a period not exceeding six weeks.
• S59. Release on the ground of illness.
• Order 21 rules 37,38,39,40.
• Rule 37-discretionary power to permit judgment debtor to show cause against detention in prison- (notice in place of warrant)
• R38- Warrant of arrest to direct judgment debtor to be brought up
• Rule 39- Subsistence allowance
• Rule 40- Procedure on the appearance of Judgment Debtor in obedience to notice or after arrest.- Evidence, inquiry decision on civil prison.
• Conclusion.

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2018 Questions

Question: Define:

1. Legal Representative
2. Mesne Profit
3. Decree
4. Order

Answer Outline: Decree, Order & Judgment Difference

• Define / Explain
• Definition of Decree
• In points
• Types of decree- Paras Nath Rai v State of Bihar
• Deemed Decree
• What is not a decree
• Section 2(9)
• Order 20 Rule 1
• 3- Judgment to be signed and no alteration except in 152 or review
• 4- Contents
• SEC 2(14)
• ORDER 20 RULE 6(A) within 15 days from judgment
• 7-Dated when judgment is pronounced

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Question: When is an order of injunction may be discharged, varied or set aside? What are the consequences of disobedience or breach of injunction?

Answer Outline: 

• Introduction - Supplemental Proceedings, Refer Sec 94,
• Define Injunction and also name the types
• An object of granting Injunction
• Briefly talk about 039 R 1 and 2
• Order 39 R 4 on application
• Order 39 R2A - Property may be attached but not more than 1 year after that sold and Civil Prison max 3 months

Download FREE M.P. Accommodation Control Act, 1961 PDF Notes

MP Accommodation Control Act (MPACA)

Paper 1 of the MPCJ Mains Exam carried 20 marks for MP Accommodation Control Act. A list of MPACA's previous year's questions can be found below.

2016 Questions:

Question: Describe the powers of the Rent Controlling Authority.

Answer Outline: 

• Introduction - Section 2(f) and section 28-36 in very brief
• Appointment Section 28
• Powers Section 29
• Other powers

1. Section 10
2. Section 11
3. Section 21
4. Section 22
5. Section 23-A
6. Section 34
7. Section 37
8. Section 38

Question: Under what circumstances will a sub-tenant be deemed to become a tenant? 

Answer Outline:

• Introduction - Section 2(i)
• Section 14
• Section 15
• Section 16
• Conclusion

2018 Questions

Question: Under what circumstances defence may be struck out? What would be the consequences of striking out defence?

Answer Outline:

• Introduction - Section 12
• Section 12(1)(a)
• Section 12 (3)
• Section 13(4)
• Section 13 (6)
• Kewal Kumar v Satish Chandra 1992 MPHC
• Conclusion

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2019 Phase One

Questions: Enumerate any four grounds on which eviction of tenants from accommodation can be sought under the Act. [2019]

Answer Outline:

• Introduction - Section 12
• Mention any 4 grounds
• Conclusion

2019 Phase Two

Question: Discuss the circumstances in which a tenant can get the benefit of protection against eviction under Section 13. [2019]

Answer Outline:

• Introduction
• Section 12 (1) (a)
• Section 12(3)
• Section 13
• Conclusion

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Transfer of Property Act (TPA) 

2016 Questions

Question: What do you understand by an Ostensible Owner? What are the essential elements of Section 41? Explain.

Answer Outline:

• Introduction - Section 41
• Meaning of the term Ostensible Owner
• The concept emerged in the case of Ramcoomar Kundoo v McQueen 
• Essentials-Ostensibe Owner
• Immovable property
• Consent
• For consideration
• 4 transfer must not be voidable
• Good faith
• Distinguish between Lease and License
• Lease transfer of right to enjoy the property
• License- right to do or continue
• Transfer of possession
• Transferability
• Death of either party
• Conclusion

2018 Questions

Question: Explain the Right of Redemption of a mortgagor and whether a mortgagor can seek partial redemption.

Answer Outline:

• Introduction - Right to redeem section 60
• On payment of mortgage money, the right to a possession back along with title deeds cannot be availed if the right is extinguished by parties or by decree of a court.
• Section 91- who may sue for redemption
• Partial redemption is not allowed except when the mortgagee himself acquires a share
• U. Nilan v. Kannayan adversity of one cannot be boon for others
• Section 5 of TA provides that the expression "transfer of property" means an act by which a living person conveys property, in present or future, to one or more other living people, or himself and one or more other living persons:
• Whether the family arrangement is transfer
• Whether surrender amounts to transfer
• Whether an idol is a living person
• Introduction - Section 5
• Essentials
• Sadhu Madho Das v. Pandit Mukund Ram
• Surrender-not transfer
• Merging of lesser interest with greater interest.
• No new rig formed or transferred
• Morati v. Krishna 1925
• Dedication of property to an idol is not a transfer of property 
• Bhupati Nath V. Ram Lal
• Conclusion

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2019 Phase One

Question: Explain the doctrine of feeding the Grant by Estoppels. [2019]

Answer Outline:

• Introduction - Section 53a
• Meaning and essentials of part performance
• Amendment of 2001 - Registration act
• Introduction - Section 43 - transfer by an unauthorised person
• Essentials-fraudulent or erroneous representation
• Subsequent acquisition
• The contract of transfer still exists
• Transferee's option
• Nemo dat quod non habet
• Exception- transferee for good faith without notice and with consideration
• Conclusion

Specific Relief Act (SRA) 

Go through the previous year's question along with the answer outline given below.

2016 Questions

Question: Explain the power of the court to award compensation in certain cases and the power to grant relief for possession, partition, refund of earnest money, etc. under the act.

Answer Outline:

• Section 22 - Define and explain
• Mention Section 28

2018 Questions

Question: Explain the provisions regarding the rescission of contracts or the sale or lease of immovable property, where the specific performance of the contract has already been decreed.

Answer Outline:

• Specific performance of contracts can be divided into the following segments: (mention all the segments under SRA)

1. Cancellation
2. Rescission
3. Declaratory Decree 

• Sections 27-30

Question: When perpetual injunction can be issued and when it cannot be issued? Discuss the difference between temporary and perpetual injunctions. 

Answer Outline:

• Explain the two kinds of reliefs in the Specific Relief Act, 1963: Specific Relief and Preventive Relief.
• Discuss briefly the kinds of injunctions
• Explain Section 36 and 41 in detail
• Differentiate between the ordinary and perpetual injunction
• Discuss briefly Section 36 to Section 42

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Limitation Act (LA) 

Here is the previous year's question along with an outline of the answers.

2019 Phase One

Question: Once time has begun to run, no subsequent liability stops it. Discuss.

Answer Outline:

• Introduction - Continuous running of the time once the cause of action is around. Explain disability and inability as stated under Section 6 [Babua Ram v. State of U 2 SCC 689] (once the limitation begins to run, it runs its full course until its running is interdicted by an order of the Court)
• Explain Section 9 with the exception that is provided under the Section itself. Explain [Shankar Lal v Shadi Ram, 1971 DLT 311]
• Mention 2 or 3 illustrations of initial disability and subsequent disability
• Conclusion

2019 Phase Two

Question: Define 'Written Acknowledgment' and discuss its effect. 

Answer Outline:

• Introduction - The principle behind Section 18 and the extent of the same. Explain the term written acknowledgement
• Explain Section 18 of the Act
• Explain the following ingredients of Section 18
• (a) Acknowledgment must be made before the expiration period
• (b) Acknowledgment must be in writing
• (c) Acknowledgment must be in relation to a particular property
• Explain the Date of Acknowledgment in relation to Sub-Section (2)
• Conclusion

Question: What are the circumstances under which a certain period of time is excluded while computing the period of limitation? Explain. 

Answer Outline:

• Introduction - The computation of the limitation period and a brief description of exclusion of time under Sections 12 to 15. [India House v. Kishan N. Lalwani, (2003) 9 SCC 393] (Court to extend the benefit to a party where available)
• Mention/Explain the following Section 12, 13, 14 and 15

Indian Evidence Act (IEA)

MPCJ Mains exam alloted 20 marks to the Indian Evidence Act. It is the third most important topic of Civil Judge Mains Paper 3. Here are some of the previous year's questions of MPCJ from the Indian Evidence Act.

2016 Questions:

Question: Can the credit of the witness be impeached by the party who calls him? If yes, how? Explain with examples. 

Answer Outline:

• Introduction - Meaning of impeaching the credit of the witness, who can impeach the credit
• Section 155 - Manner by which credit can be impeached
• Unworthy of credit
• Corrupt inducement
• Previous inconsistent statement

Question: When a person can prove admission in his favour? Explain with an example.

Answer Outline:

• Introduction- meaning of admission, section 17
• Proof of admissions against persons making them in their favour
• Section 21
• When it is of such a nature that, if the person making it were dead it would be relevant as between third person under section 32
• When it consists of a statement of the existence of any state of mind or body, it is accompanied by conduct rendering its falsehood improbable.
• If it is relevant otherwise than as an admission
• Example-log book maintained by a ship captain in the case between him and ship owners; res gestae etc.

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2017 Questions

Question: "A" tried for the murder of "B". A says to the police officer that I have buried the knife with which I committed the murder of B." He shows the place where the knife was buried. A knife is taken out. 

Whether the statement with which I committed the murder of B" is admissible? Discuss? 

Answer Outline:

• Introduction - Confession meaning
• 4 section 24 - Confession is irrelevant when it is made by inducement threat or promise.
• Such inducement must come from the person in authority, related to the charge in question, and should hold some worldly benefit or disadvantage
• Section 25 and section 26
• Section 27- Exception to the above two sections.
• A statement which leads to the discovery of facts connected with cr 2 can be proved.
• A link has to be proved between the discovered object and the crime.
• Pulukuri Kottaya v. Emperor 1947
• Conclusion

2018 Questions:

Question: Is birth during the marriage, conclusive Proof of Legitimacy?

Answer Outline:

• Introduction-irrebuttable presumption of law is conclusive proof
• Section 112- birth during marriage conclusive proof of legitimacy
• Any person born during continuance of valid marriage or within 280 days after its dissolution, the mother remaining unmarried shall be conclusive proof of legitimacy.
• Unless non-access is proved.
• Conclusion

Question: What is the presumption as to the abetment of suicide by a married woman?

Answer Outline:

• Presumption as to abatement of suicide by a married woman
• Section 113 an (added by amendment of 1983)
• Suicide within 7 years from the date of her marriage
• Husband or relative of husband subjected her to cruelty
• The court may presume that suicide has been abetted by her husband or such relative.
• Cruelty-same as 498 an of IPC
• Conclusion

Question: What is the presumption as to dowry death? 

Answer Outline:

• Presumption as to dowry death
• Section 133 B
• Soon before her death, she was subjected to cruelty or harassment for or in connection with any demand for dowry.
• The court shall presume that such person caused the dowry death of the woman.
• Conclusion

Code of Criminal Procedure (CRPC)

The second most important topic of Paper 3 is CrPC. It held the highest weightage of 20 marks. Refer to the following questions and outline an answer to revise MPCJ Mains's previous year's paper from CRPC. 

2016 Questions:

Question: Every Offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Examine this proposition of law. Do you think there is any exception to this rule? 

Answer Outline:

• Section 177 talks about the general rule.
• Exceptions are given under Sections 178-189.
• Exception: Transfer of Cases by Supreme Court & High Court.

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2018 Questions:

Question: What is the procedure for recording evidence in the absence of the accused? Whether the evidence adduced in the trial of co-accused can be used against the absconding accused of the same case?

Answer Outline:

• The general rule under Section 273 CrPC says that evidence is to be taken in the presence of accused
• The exceptions to the general rule under Section 299 & Section 317

2019 Questions Phase One

Question: Explain the circumstances in which release on bail is mandatory.

Answer Outline:

• When the Accused has committed a Bailable Offence (Section 436(1)).
• Maximum Period of Detention by an Undertrial Prisoner under Section 436A of CrPC (2005 Amendment)
• When the investigation is not complete within the prescribed period (Default Bail under Section 167 CrPC).
• The necessity for further investigation but no reasonable ground for believing that the accused
•  has committed a non-bailable offence under Section 437 (2).
• When the trial is not over within the prescribed period under Section 437(6) CrPC. 
• When there are no reasonable grounds for believing the accused to be guilty under Section 437 (7) CrPC
• Conclusion

Question: For what offences/accused persons, is Plea Bargaining under Chapter XXI-A of the Code of Criminal Procedure applicable?

Answer Outline:

Plea bargaining is a pre-trial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution. Section 265A to 265L. Chapter XXIA of the Criminal Procedure Code deals with the idea of Plea Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005.

It allows plea bargaining for cases:

• Where the maximum punishment is imprisonment for 7 years;
• Where the offences don't affect the socio-economic condition of the country
• When the offences are not committed against a woman or a child be excluded.

Question: Describe the guidelines provided under Section 265C of the Code of Criminal Procedure for mutually satisfactory disposition of Criminal Cases based on Plea Bargaining. 

Answer Outline: Guidelines are given under Section 265C

• In a case instituted on a police report, the Court shall issue a notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case.
• In a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case;

Negotiable Instrument Act (NIA)

Negotiable Instrument Act holds the weightage of 8 marks out of 100 marks. Also, chapter 13 and chapter 17 are the most important chapters from MPCJ's Mains perspective. Read the following previous year’s questions carefully to ace MPCJ Mains answer writing.

2016 Questions

Question: How can Cognizance of Offences be taken under the Negotiate Instrument Act 1881? Explain powers along with the provision as to the court within whose local jurisdiction the offence under Section 13 shall be inquired into and tried. 

Answer Outline:

• Introduction - Section 138 and Section 142 in brief
• Section 142
• Cognizance of Offence
• Time period
• Authorities
• Place of inquiry and trial.
• Dasrath Rupsingh Rathod v State of Maharasthra SC 2014
• Section 142 A
• Powers
• Conclusion

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Question: Discuss the essential ingredients of section 138 under NIA. Which defence is not allowed in any prosecution under Section 138?

Answer Outline:

• INTRODUCTION - Section 138-148 in brief
• Essentials of Section 138
• Section 142(1)
• Section 139
• The defence, which is not allowed by Section 140
• Conclusion

Question: What is the newly amended provision regarding interim compensation? How can an offence be compounded by the trial court and by the appellate court? 

Answer Outline:

• Introduction
• Section 143 A
• GJ Raja v Tejraj Surana 2019 SC
• Section 148.
• Surinder Singh Deswal v Virendra Gandhi 2019 SC.
• Compounding:
• Section 147
• Damodar S Prabhu v Sayed Babalal.

2019 Phase One:

Question: Explain the liability of the persons in case of dishonour of a cheque by a company. 

Answer Outline:

• INTRODUCTION
• Section 141
• Aneeta Hada v Godfather Tours and Travels Pvt Ltd 2012 SC
• KK Ahuja v. VK Vora 2009 SC
• Dilip Hariramani vs Bank of Baroda 2022 SC

Indian Penal Code

IPC is one of the major topics of MPCJ Mains Paper 3. The High Court of Madhya Pradesh allotted 20 marks to the Indian Penal Code (IPC). Go through the previous year's question of IPC along with the answer outline given below.

2016 Questions

Question: What do you mean by Common Intention? How does it differ from Common Object?

Answer Outline:

• The definition is given u/s 34 of IPC.
• It lays down a rule of evidence and is not a substantive offence.
• Case-laws like Barendra Kumar Ghosh v Emperor, Mehbub Shah v Emperor.
• Essential elements of Common Intention.
• Difference between Common Intention & Common Object
• Conslution

Question: When does the offence fall under Section 304 Part I and when does it fall under Section 304 Part of IPC? Discuss.

Answer Outline: Section 304 provides for the punishment for Culpable Homicide not amounting to Murder.

The Section provides for punishment for 2 degrees:

• Intention to cause Death or Bodily Injury likely to cause death under Part-1, the punishment for which is Life Imprisonment or imprisonment for a term which may extend to ten years or a fine.
• The knowledge that the act is likely to cause death under Part-2, the punishment for which is imprisonment which may extend to ten years or fine or both.

2019 Phase One

Question: Define Criminal Intimidation. How is criminal intimidation different from extortion? [2019]

Answer Outline: The offence of criminal intimidation is defined under Section 503 of the Indian Penal Code, 1860. The provision states that anyone who threatens a person on the following grounds is liable for criminal intimidation.

• Threatens injury to his person;
• Threatens injury to his reputation;
• Threatens injury to his property;
• The threatens-injury-to-the-person-er reputation of anyone in whom the interested.
• The Supreme Court in the case of Vikram Johar vs. The State of Uttar Pradesh (2019) has observed that the mere act of abusing a person in a filthy language does not satisfy the essential ingredients of the offence of criminal intimidation.
• Difference between Criminal Intimidation and Extortion:

Question 4) Describe and distinguish between the following:

1. Cheating and Criminal Breach of Trust
2. Ingredients of Cheating and Criminal Breach of Trust
3. Differences between them [2020]

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Answer Outline:

Abetment and Criminal Conspiracy

• On the Basis of Definition
• On the Basis of Substantive Offence
• On the Basis of Principal Offender

Giving False Evidence and Fabricating False Evidence

• Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
• Whoever causes any circumstance to exist or [makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement], intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said: "to fabricate false evidence".