HIGH COURT OF KERALA
WRITTEN EXAMINATION FOR SELECTION OF MUNSIFF-MAGISTRATE
I What are the different types of mortgages? What is the difference between mortgage and lease?(10 marks)
II Write short notes on the following:
(a) Clog on redemption
(b) Fraudulent transfer
(d) Anticipatory breach of contract(20 marks)
III What is the difference between fraud and undue influence under the Indian Contract Act?(8 marks)
IV (a) Explain the law regarding ratification in agency.
(b) Can the agent employ another to perform acts he has to do?(10 marks)
V What is the difference between general offer and specific order? How do you distinguish a general offer from a standing offer?(5 marks)
VI In a suit for injunction, the defendant pleaded tenancy and filed a petition to refer the question of tenancy to the Land Tribunal under Section 125(3) of the Kerala Land Reforms Act. Should it be referred? Give reasons for your answer.(5 marks)
VII What are the remedies available to a tenant evicted by an order of the Rent Control Court in the following cases though the order of eviction has become final?
(a) When the eviction ws on the ground of bonafide need of the landlord but he does not occupy the building after getting possession.
(b) When eviction was obtained for reconstruction with a condition that the tenant is entitled to get a room in the reconstructed building and the landlord refuses to re-construct. (10 marks)
VIII Which is the forum before which the disputes with regard to the election to the Grama Panchayat, Block Panchayat and District Panchayat are to be settled? What are the grounds on which an election petition can be thrown out at the threshold without a trial?(10 marks)
IX An owner of a plot of land starts construction of a building in his land. The land is situated within a Municipality. The neighbour files a suit for injunction stating that the construction is in violation of the building Rules. The owner contends that the Government has granted exemption from all the provisions of the building rules. What is the order to be passed in the petition for interim injunction and the decree to be passed in the suit?(10 marks)
X Explain how far jurisdiction of Civil Court is barred in matters coming under the Revenue Recovery Act. (7 marks)
XI A suit was decreed ex parte by a Civil Court. Subsequently, the family Court was established in the area. In which Court the defendant has to file the petition to set aside exparte decree? Is it in the same Civil Court or in the family Court? Give reasons for your reply. (5 marks)