PPSC "Exam for Civil Judges" 2006

01 Warren Hastings was the first Governor General of India.

02 "Loyal Mohammadans of India" was written by Sir Syed Ahmad Khan in 1858.

03 M.A.O college got the status of Muslim University in 1900

04 Partition of Bengal was annulled in 1916.

05 Hijrat Movement started in August 1920.

06 Lahore Resolution was presented on 22nd March 1940.

07 Lord Mountbatten was the head of BOundary Commission in India.

08 The Muslim League called for the Direct Action Day on 16th September 1946.

09 The State Bank of Pakistan was set up in August 1947.

10 Maulvi Tamiz-ud-din was the speaker of 1st Constitution Assemply of Pakistan.

11 One Unit Scheme was annulled on 5th October, 1955.

12 Islamabad was made the official capital of Pakistan in 1967.

13 There were eleven opposition parties in PNA.

14 Federal Shariat Court was established in 1977.

15 Pakistan became "Republic" on 23rd March 1956.

16 The President under 1962 Constituion was elected directly by the people.

17 There are two rivers systems in Pakistan.

18 Natural gas was discovered at Sui in 1955.

19 Hujjat-ul-Baligha was written by Haji Shariat-Ullah.

20 Maulana Mohammad Ali Johar started Al-Hillal.................

21 One third members of Simon COmmission were Indians.

22 12th SAARC conference was held in Kathmando....................

23 There are two women universities in Punjab.........................

24 Warsak Dam is constructed on River Kabul.

25 Liaqat Ali Khan was the first Prime Minister who visited USSR.

26 Oil and Gas Development COrporation was established in 1961.

27 University Grants Commission was replaced by Higher Education Commission in 2002.

28 The Supreme Court of Pakistan has the "Power of Judicial Review"

Answer five questions from each section. All question carry equal marks
Time: 3 hours
Total marks: ?(it is not in my knowledge therefore i put question mark)
Section I
Q.1 whether a criminal court has jurisdiction to decide matter relating to immovable property and if so , under what
circumstances can the person dispossessed be restored the possession?
Q.2 Discuss in detail the procedure to be followed by a Magistrate for a trial of a case not punishable with death or
imprisonment for the life and irregularities which vitiate the the trial?
Q.3 what formalities must be observed by a Magistrate while recording Confession of an accused person? Also discuss
the legal value of confession statement
Q.4 a) what is difference between preparation to commit an offence and an attempt to commit an offence
b) What is the difference between common intention and common object as given in P.P.C?
Q.5 while playing with revolver, A pulls the trigger without observing that revolver is not empty and thereby causes the
death of B, Who was standing nearby. Whether A, has committed any offence and if so what would be the nature of the
offence.
Q.6 what do you understand by the word pardon? Who can grant the same and under what circumstances. Also refer to
the relevant Provisions in P.P.C as well as in Cr.P.C.
Q.7 Define and distinguish examination-in-chief, cross-examination, and re-examination of witness. Also narrate the
circumstances in which the person summoned to produce document may be cross-examined.
Q.8 who is an accomplice? Whether his statement is worth reliance and if so under what circumstances?
Q.9 Draw a line of distinction between primary evidence and secondary evidence in context of criminal case. Refer to
case law to illustrate the difference between the two.
Q.10 when an opinion of expert is relevant as evidence in criminal cases. Also quote the specific provisions of relevant
law

Section II
Q. 1a) who should be joined as parties to a suit? Draw distinction between necessary and proper party?
b). can a minor sue or be sued? Explain with reference to relevant provisions of law
Q.2 a) in what provisions of C.P.C temporary injunction are granted. State the principles to be kept in view by the court
while granting or refusing temporary injunction.
b) What do you understand by attachment before judgment?
Q.3 what are different modes of execution of a money decree, a decree for pre-emption and a decree for specific
performance
Q.4 writes short notes on
Res judicata
Res subjudice
Ex-Parte Decree
Dismissal in default
Local Commission
Q.5 civil courts are courts of ultimate jurisdiction for trying cases of civil nature. Discuss wit relevant provisions of law.
Give instances of suit of civil nature
Q.6 a) what do you understand by consent decree? If such a decree appealable under law.
b) What are different modes of service provided by C.P.C . What do you understand by Substituted service?
Q.7 a )what do you understand by sufficient cause within the meaning of Sec.5 of limitation act, 1908 for extending the
period of limitation for appeal, appeal , application or review ? state such possible causes
b)the court is oblige to see whether the suit if is within limitation .Elaborate with reference to the relevant provisions of
Limitation Act, 1908.
Q.8 a) what are essential of valid gift?
b) In what matter the family court exercise exclusive jurisdiction.
c) What is limit of pecuniary jurisdiction of civil judge first class, second class, third class? Prescribe such jurisdictional
limits.
Q.9 a) what are the main sources of Islamic law?
b) What do you understand by khula? On what grounds court can grant a decree of khula?
c) What are the principles governing the grant of custody of minor?
d) What do you understand by pre-trial and post-trial conciliation proceedings by family court?
Q.10 a) what do you understand by Talabs prescribed by pre-emption Act. Sate the effect of non-performance of talabs.
b) A land lord wants to get the rented premises vacated by the tenet what remedy is open to him and before home?
 SECTION A- C.P.C/Civil Courts Ordinance, 1962

1: What are the rules relating to pleadings? How and when the pleading be amended?

2: Write short note on any Three of the followinf:

i) Precept.
ii) Benami.
iii) Set off.
iv) Garnishee

3: Who may be joined as party to a suit?

What is the effect of mis-joinder and non-joinder of parties and when object in this respect can be taken?

4: (a) Which are the classes of civil courts under the Civil Courts Ordinance, 1962? Which courts are deemed to
be the principal civil courts of original jurisdiction?
(b) Who has the power of control over courts and the presiding officers?

SECTION B - Contract Act

5: Distinguish between an agreement and a contract.

Discuss the essential of a contract.

6: What is meant by "liquidated damages". When are damages deemed to be a penalty?

SECTION C - Sales of Goods Act

7: What are the various remedies open to parties to a contract for the sale of goods in the case of the breach of
the same?

8: What is a CIF contract? What is the seller bound to do under such a contract?

SECTION D - Qanoon-e-Shahadat

9: Who is competent witness? Discuss the competency as a witness of:

i) Child.
ii) Lunatic.
ii) Deaf and dumb.

10: State the provision of law relating to confession under the Qanoon-e-Shahadat Order, 1984
SECTION A- C.P.C/Civil Courts Ordinance, 1962

1: Write short note on any Five of the following:

i) Decree.
ii) Legal representative.
iii) Recognized agents.
iv) Substituted services.
v) Interpleader suits.
vi) Compensatory cost.

2: What conditions must be fulfilled in order that rule of res judicata be applicable?

3: (a) On what grounds the court can review its order or judgment?
(b) In what cases, the court can reject or return the plaint?

4: (a) Write particular of five properties, which are not liable to attachment or sale in execution of a decree.
(b) Write short note on the powers of District Judge.

SECTION B - Contract Act

5: Write short note on any Five of the following:

i) Coercion
ii) Undue influence
iii) Misrepresentation
iv) Contingent Contract
v) Contract of guarantee.
iv) not available...
6: (a) What consideration and object of an agreement are lawful and what are not?
(b) What is the effect of performance to the promise?

SECTION C - Sales of Goods Act

7: Define:
a) Document of title to goods.
b) Goods.
c) Mercantile agent.
d) Condition and warranty.
e) Contract of sale by example.
f) Unpaid seller.

8: (a) "Risk prima facie passes with property". Illustrate

(b) What is remedy of buyer for breach of warranty?

SECTION D - Qanoon-e-Shahadat

9: Write short notes not exceeding 120 words on any Five of the following:
a) Affairs of state.
b) Official communication.
c) Estopple.
d) Admission.
e) Confession
f) Primary evidence.

10: How far the facts, which show a motive, preparation, previous or subsequent conduct, existence of state of
mind or of body or bodily feelings, are relevant?
 SECTION A- C.P.C/Civil Courts Ordinance, 1962

1: What is meant by suit of a civil nature? Give a couple of examples of suits which can not be deemed to be
suit of civil nature.

2: Write a short note on any Three of the following:

i) Legal representative.
ii) Mesne profit.
iii) Precept.
iv) Interlocutory orders.

3: (a)Which are the cases in which temporary injunction can be granted?

(b)Are there any cases in which a temporary injunction ceases to have effect after certain period? If so, explain
the relevant provision.

4: Which courts are disentitled to entertain and adjudicate civil suits in which Pakistan or any of its provinces or
any public officer is a party? Are there any exceptions to the provision relevant to this matter? If so what?

SECTION B- Contract Act

5: What is "undue influence" as defined in the Contract Act? Give some illustrations to explain the answer.

6: (a) How is an agency created?

(b) When is the principle not bound by the obligation incurred on his behalf by an agent?

SECTION C - Sales of Goods Act

7: Define "contract of sale" and explain what are its essential ingredients?

8: What are the rights and liabilities of the parties to a contract of sale of goods for its breach?

SECTION D - Qanoon-e-Shahadat

9: Explain the law relating to impeaching the credit of a witness.

10: Write short not on any Three of the following:

i) Leading Question.
ii) Retracted Confession.
iii) Hostile witness.
iv) Dying Declaration.
SECTION A- C.P.C/Civil Courts Ordinance, 1962

1: What measures you suggest for expedition Civil Cases, including amendment in procedure, without
compromising principles of Natural Justice?

2: What provision of CPC govern the remedy of Review? Discuss.

3: When and why a plaint may be rejected?

4: Describe the Procedure of Service on Defendant when;

a) He refuses to accept service.
b) when he can not be found.
c) when he is in jail.
d) when he permanently resides abroad.

SECTION B - Contract Act

5: What do you mean by Liquidate damages? When and to what extent are these permissible?

6: What are inter-se duties of Principle and Agent? Quote law and cite instances.

SECTION C - Sales of Goods Act

7: How would it be in law;

a) Sale by person not the owner.
b) Sale by one of the joint owner.
c) Sale by person in possession under voidable contracts.
8: Define Unpaid Seller. What are its rights?

SECTION D - Qanoon-e-Shahadat

9: Who are competent witnesses and how the court shall determine the competency of a witness?

10: When Oral evidence stands excluded? Quote law and instances.
SECTION A- C.P.C/Civil Courts Ordinance, 1962

1: Will you please distinguish between the expression "Res Subjudice" and "Res Judicata"? Also explain the
concept of "Actual Res Judicata" and "Constructive Res Judicata" as embodied in section 11 of CPC.

2: It is stated that principle of civil dispensation of justice is based upon the theory of adversarial hearing.
Explain the importance of summoning of defendants through different strategies employed in CPC. Describe
the circumstances in which substituted service can be invoked and resorted to by the parties to suit and court.

3: Will you please describe the powers of court to issue commission with special reference to areas in which
Commission can be issued. Deal with the powers of court to issue Commission to examine the witness and
persons for whose examination, Commission is issued. Also deals with the powers of Commission to submit
report and what is evidential value of such report?

4: Will you please explain the territorial and pecuniary jurisdiction of Civil Courts within the scheme as
contained in the West Pakistan Civil Courts Ordinance, 1962?

SECTION B - Contract Act

5: What do you mean by Coercion, Undue influence and Fraud? What are the consequences of a contract made
through the use of Coercion, Undue influence and Fraud?

6: Define Pledge, Pawnor and Pawnee. Describe the rights and obligations of the pawnor and pawnee?

SECTION C - Sales of Goods Act

7: What do you mean by Unpaid Seller and Paid Seller? Enumerate the rights of an Unpaid Seller with respect
to his right of lien and termination of the contract.

8: Explain the remedies for breach of Warranty and repudiation of contract before due date. Also explain the
exclusion of implied terms and conditions.

SECTION D - Qanoon-e-Shahadat

9: What do you mean by the facts which are relevant? Explain as to when an objection could be taken with
regard to admissibility of oral/documentary evidence in civil proceeding before the court.

10: What are the meanings of public and private documents? Explain the mode to prove the above two species
of documentary evidence before the court.
CIVIL LAW

1. Explain the following remedies with reference to the relevant

provisions of CPC stating circumstances in which these are to be
availed:-
i Regular Second Appeal
ii. Revision
iii. Review

2. Explain the following concept with reference to the relevant

provisions of CPC and West Pakistan Civil Courts Ord, 1962:-
i. Territorial jurisdiction
ii. Pecuniary jurisdiction with reference to the courts of civil judges

3. How will you proceed to execute the following decrees:-

i. For recovery of possession of immovable property
ii. For specific performance of an agreement to sell
iii. Recovery of money

4. (1)Explain the term ‘Legal Disability’ with reference to the relevant

provision of the limitation Act,1908 and state the manner of
computation of limitation in such cases.
(2)Explain the terms “Acknowledgment” and “Promise to Pay” with
reference to the relevant provision of the limitation Act,1908 and
their legal effect vis-à-vis limitation for filing suits.

5. (1) what contracts can not be specifically enforced? Explain with

reference to the relevant provision of Specific Relief Act,1877.
(2) state the condition enabling a court to cancel a written
instrument.
(3) State the cases in which an injunction shall not be issued by a
court.

6. (1) What is negative agreement and how it is to be enforced?

Explain with reference to the relevant provision of Specific Relief Act,
1877.
(2) Against whom specific performance of contract may be enforced?
(3) Explain the rule underlying Section 9 of the Specific Relief Act,
1877?

7. (1) Which suits are exclusively triable by a family court established

under the
family Courts Act, 1964?
(2) In which cases appeal shall not lie against a judgment and decree
passed by a
family Court?
(3) Explain the duty of a guardian of person and property of a minor
appointed
with reference to the provisions of the Guardian and Wards Act,1890

8. Explain the following with reference to the relevant provisions of the

Contract Act, 1872:-
(1) Doctrine of frustration of Contract.
(2) Novation of contract.
(3) A contract of Guarantee.

9. (1) State the pre-requisites of an application to be filed and proceed

with under the Punjab Rented Premises Ord, 2007?
(2) In a case falling under the Punjab Urban Rent Restriction Ordinance,
1959, alleging default in payment of rent at the rate of Rs1000/- per
month for a period of five months prior to the institution of the
application, how will you frame an order in terms of Section 13(6) of
the said Ordinance?

10. (1) How will you proceed to deal with an objection raised to the
admissibility of a document on the ground of its being under stamped
and finding the same to be so? Explain with reference to the relevant
provisions of the Stamp Act, 1899?
(2) Under what circumstance an unregistered document will take effect
as against a registered document? Explain with reference to the
relevant provisions of the Registration Act, 1908.

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LAHORE HIGH COURT, LAHORE.

EXMINATION FOR THE POSTS OF CIVIL JUDGES-CUM-JUDICIAL MAGISTRATES,2009.

TIME ALLOWED: THREE HOURS MAXIMUM MARKS: 100

CRIMINAL LAW
NOTES:
i. Attempt in English Language only.

ii. Attempt seven questions only, selecting two questions

each from part I, II, III and one from part. IV

Part I

Q.1. Discuss Section 302 PPC in full detail and the sentences provided in
murder cases and illustrate in what circumstances each sentence can be
awarded? (15)

Q.2. What is difference between Cheating, Misappropriation and Theft?

Discuss in detail. (15)

Q.3. Define and explain “Qisas”, “Badl-i-Sulah”, “Diyat”, “Arsh”, “Daman”

(15)
Q.4. Give salient features of Juvenile Justice System Ordinance, 2000, who
can and under what circumstances declare an accused as juvenile?(15)

Part II

Q.1. What is remand? Under what circumstances custody of an accused can

be given to Police? (15)

Q.2. What order can be passed by a Magistrate if any apprehension of

breach of peace is brought to his notice regarding immovable property? (15)

Q.3. what do you understand by word ‘case property’? Discuss provisions

regarding its disposal during the trial and at the conclusion of trial? (15)

Q.4. what is Confession? How it can be recorded? Whether the statement

under Section 164 Cr.P.C can be used against an accused and under
what circumstances? (15)

Part III

Q.1. Illustrate what precautions can be taken by a Magistrate at the time of

holding Identification Parade and also discuss evidentiary value of the
identification parade. (10)

Q.2. what are public and private documents, differentiate them and explain
the mode of proof of said document? (10)

Q.3. Discuss with illustration the value of evidence that may have become
available because of modern devices and techniques. (10)

Q.4 Write a short note on examination-in-chief, cross-examination, and re-

examination? (10)

Part IV

Q.1. “Hadd” as punishment, introduction,implication, and consequences in

Pakistan? (20)

Q.2. What is terrorism? Illustrate its root causes. Give suggestion for its
eradication. (20)

Q.3. ‘Power Failure’, who is chiefly responsible and give suggestions for
improvement. (20)