JMFC Main Exam 2008 Paper 1 – Descriptive Questions

Maharashtra Government Jobs Judicial 2016

  • Year 2008
  • Conducted By MNS
  • Questions 2
  • Maximum Marks 100
  • Duration 3 Hours
  • Languages English

Exam Details

Detail Information
Examination JMFC Main Examination 2008 Paper-1
Year 2008
Conducting Body MNS
Paper Civil Procedure Code, Transfer of Property Act, Specific Relief Act, Law of Contracts, Sale of Goods Act and Partnership Act
Subject Civil Law & Procedure
Duration 3 Hours
Maximum Marks 100
Number of Questions 2
Question Type Descriptive / Subjective

This document presents Page 1 with exam header and subject scope for JMFC Main Examination 2008 Paper 1 covering Civil Procedure Code, Transfer of Property Act, Specific Relief Act, Law of Contracts, Sale of Goods Act and Partnership Act. Page 2 provides repaired OCR content of the descriptive questions, including Q1 (Draft one judgment) with SET A and Q2 (specific performance) with two subparts reflecting averments in the written statement (SET A) and averments in the plaint (SET B). The OCR repair clarifies line breaks, splits merged stems, and preserves numbering formats. The combined pages offer a complete view of the two descriptive questions and their respective factual materials for answering.

Major Topics Covered

  • Civil Procedure Code
  • Transfer of Property Act
  • Specific Relief Act
  • Law of Contracts
  • Sale of Goods Act
  • Partnership Act
  • Drafting judgments
  • Averments in plaint
  • Averments in written statement
  • Specific performance
  • Sale deed
  • Encumbrance
  • Vacant possession
  • Earnest money
  • Stamp paper
  • Registration
  • Hypothecation
  • Guarantors
  • Loan agreement
  • Notice to execute

Why This Paper is Important

  • Useful for JMFC Main Examination 2008 Paper-1 preparation
  • Helps understand the latest exam pattern
  • Useful for practice and self-assessment
  • Covers frequently asked General Studies topics
  • Helpful for analysing question trends

Related Resources

Instructions

  • Draft one judgment out of the 2 (two) sets on the following facts : Frame proper issues arising out of stated pleadings.
  • Adhere to contents of judgment required under the Code of Civil Procedure. ٠ Wherever it is necessary you may exercise discretion in filling up details, while appreciating evidence, which ordinarily one comes across during trial of a civil suit.
  • Give logical, legal and proper reasons in support of your findings and conclude ٠ the judgment with a proper order.
  • SET A Averments in Plaint The plaintiff - ABC agreed to purchase a residential plot city survey no. 123 admeasuring 1500 sq. ft situated at Thane, from the defendant – XYZ, for a valuable consideration of Rs. 5,00,000/- (Rupees Five Lacs only), as per the agreement of sale executed on
  • 2003 at Thane.
  • The plaintiff paid an amount of Rs. 2,00,000/- (Rupees Two Lacs only) as earnest and the sale deed was agreed to be executed within a period of one year, after the defendant cleared the encumbrance on the suit plot.
  • The remaining amount of consideration was agreed to be paid by the plaintiff at the time of the execution of the sale deed, when the defendant had agreed to deliver clear and vacant possession of the suit plot to the plaintiff.

Questions (page 2)

Q1. 1. Draft one judgment out of the 2 (two) sets on the following facts : Frame proper issues arising out of stated pleadings. Adhere to contents of judgment required under the Code of Civil Procedure. Wherever it is necessary you may exercise discretion in filling up details, while appreciating evidence, which ordinarily one comes across during trial of a civil suit. Give logical, legal and proper reasons in support of your findings and conclude the judgment with a proper order. SET A Averments in Plaint The plaintiff - ABC agreed to purchase a residential plot city survey no. 123 admeasuring 1500 sq.ft situated at Thane, from the defendant – XYZ, for a valuable consideration of Rs. 5,00,000/- (Rupees Five Lacs only), as per the agreement of sale executed on 10.6.2003 at Thane. The plaintiff paid an amount of Rs. 2,00,000/- (Rupees Two Lacs only) as earnest and the sale deed was agreed to be executed within a period of one year, after the defendant cleared the encumbrance on the suit plot. The remaining amount of consideration was agreed to be paid by the plaintiff at the time of the execution of the sale deed, when the defendant had agreed to deliver clear and vacant possession of the suit plot to the plaintiff. P.T.O. ∼

Q2. 2 As the defendant failed to execute the sale deed as agreed, the plaintiff issued a notice to the defendant on 15.6.2004 calling upon him to execute the sale deed. As the defendant failed to comply, the plaintiff filed a civil suit against the defendant, in the court of Civil Judge Sr. Dyn. Thane, for specific performance of the contract. According to plaintiff he was ready and willing to perform his part of the contract but the defendant failed. The plaintiff prayed for a direction to execute the sale deed and delivery of vacant possession alongwith costs etc. Averments in the written statement The defendant resisted the claim. He contended that the plaintiff is a money lender doing illegal money lending business without a licence. He is charging exhorbitant interest. The defendant was in need of money. Defendant had obtained Rs. 1,00,000/ - as loan from the plaintiff. On the insistence of plaintiff the agreement of sale was executed as a security for the amount advanced. Inflated amount was shown as earnest. The amount with interest is returned to the plaintiff, when he agreed to destroy the document. The plaintiff is taking undue advantage of the same. The alleged agreement is not on proper stamp paper and it is not registered. The suit be dismissed for these reasons. SET B Averments in the plaint The plaintiff – ABC Bank advanced a loan of Rs. 10,00,000/- (Rupees Ten Lacs only) to the defendant no. 1, who is an agriculturist. The loan is granted for purchase of a tractor and a trolley. Defendent no. 2 - Y and Defendant no. 3 - Z are the guarantors for the loan. The defendant no. 1 executed a loan agreement and a deed of hypothecation of the tractor in favour of the bank. The defendant nos. 2 and 3 executed a deed of guarantee. The loan carried interest rate of 10% p.a. and was repayable in equated monthly instalments, over a period of 36 months. As the defendant no. 1 defaulted the instalment in the second year, the plaintiff issued a notice on 25.12.2008 recalling the loan. The defendants were called upon to pay the entire outstanding amount alongwith interest and notice charges within a month. The loan was granted on 25.11.2006. The defendants failed to comply. Hence the plaintiff filed a suit in the court of Civil Judge Sr. Dvn Nashik for recovery of the loan alongwith interest and costs etc.

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Frequently asked questions

What is the exam name and year?

JMFC Main Examination 2008 Paper-1.

What is the paper code?

101508.

How many questions are there on Page 1 and Page 2 combined?

Two descriptive questions (Q1 and Q2) are visible.

What acts are covered in Paper 1?

Civil Procedure Code, Transfer of Property Act, Specific Relief Act, Law of Contracts, Sale of Goods Act and Partnership Act.

What is the time duration for the paper?

3 hours.

What is the maximum marks for the paper?

100 marks.

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