TIME ALLOWED: 3 HOURS MAXIMUM MARKS:100

NOTE: Attempt SEVEN questions in all, including question No.10 which is Compulsory. Attempt TWO questions from each PART. Q.10 carries 20 marks and other questions carry 13 marks each. (Two marks for hand writing)

PART-A

1. What are the characteristics of a Procedural Law? How is Civil Procedure Code different?

2. What are the limitations on the sett1ernètit~ of a suit by compromise?

3. What is the difference between a judgment and a decree? What purpose each serves in civil litigation?

PART-B

4. Distinguish void from void able contracts. Illustrate.

5. What remedies are available to a contracting party on its breach?

6. What relations resemble contracts without being contracts? What are their consequences?

PART- C

7. When in Tort Malice is required to be established as a fact?

8. What are wrongs of absolute liability? Illustrate.

9. In what circumstances and to what extent contributory negligence plays a part.

COMPULSORY QUESTION

10. Write only the correct answer in the answer book. Don't reproduce the questions.

(1) Res judicata is:

(a) Bar- to-defense (b) Bat- to- execution
(c) Bar to suits (d) None of these

(2) Commission is appointed for:

(a) deciding a case (b) effecting a compromise
(c) executing a judgment (d) none of these

(3) Discovery is for:

(a) Production of a document (b) Production of suit property (c) Production of a witness (d) none of these

(4) A letter of request is for:

(a) local inspection (b) avoidance of an order (c) examination of witness not in Pakistan (d) none of these

(5) Subjudice is:

(a) a case already decided (b) a case pending in court (c) a case yet to be filed in court (d) none of these.

(6) Affidavit is:

(a) statement made in court (b) statement made before a police officer (c) statement in writing sworn an oath (d) none of these.

(7) Pecuniary jurisdiction is:-

(a) territorial jurisdiction (b) lacking in jurisdiction (c) jurisdiction limited by amount or money. (d) none of these.

(8) Ex-Parte judgment is: .

(a) against a party (b) in the absence of a party (c) in favour of a party (d) none of these

(9) Good will in business is:

(a) fellow feeling (b) good wishes
(c) property (d) none of these

(10) Lien IS:

(a) right to acquire the property of another (b) right to sell property (c) right to retain property belonging to another (d) none of these

(11) Novation of contract is:

(a) its repudiation (b) its recognition
(c) its substitution (d) none of these

(12) Restitution is:

(a) payment of compensation (b) promise to do a thing (c) restoration of position (d) none of these

(13) Surety is a person:

(a) who commits default (b) who makes a promise
(c) who gives a guarantee (d) none of these

(14) Reciprocal promises are:

(a) undertaking by two or more persons (b) commitment to do a thing (c) a promise by one in consideration of a promise by another (d) none of these.

(15) Tort is:

(a) breach of a promise (b) crime committed
(c) trust betrayed (d) none of these

(16) In Tort action:

(a) motive is decisive - (b) relevant
(c) irrelevant (d) none of these

(17) Legal Damage means:

(a) damage to immovable property (b) pecuniary loss (c) violation of a right (d) none of these.

(18) Act of state is:

(a) an individual’s act . (b) a breach of promise
(c) a duty not discharged (d) none of these.

(19) Joint tort feasors are:

(a) persons making promises jointly (b) persons violating promises (c) person joining in committing tort (d) none of these.

(20) Libel is:

(a) a true allegation against someone (b) a false allegation against someone (c) oral accusation (d) none of these.

NOTE: Attempt SEVEN questions in all, including question No.10 which is Compulsory. Attempt TWO questions from each PART. Q.10 carries 20 marks and other questions carry 13 marks each. (Two marks for hand writing)

PART - A (PAKISTAN PENAL CODE)

1. What are the restrictions on the exercise of right of private defense of person?

2. What are the various types of Oatle made punishable by law?

3. What is public nuisance? What forms of it have been made punishable?

PART - B (CRIMINAL PROCEDURE CODE)

4. What is an inquest? Who is empowered to conduct it and what are its requirements?

5. What are the duties of an investigating officer? To whom is he accountable?

6. For what purposes fine is imposed and compensation is ordered?

PART - C (QANOON-E-SHAHADAT)

7. What are leading questions? What is law governing them?:

8. When is the opinion of third persons relevant and admissible?

9. What is the difference between admission and-confession? What rules govern their use in a trial?

COMPULSORY QUESTION

10. Write only the correct answer in the Answer Book. Don’t reproduce the questions.

(1) Valuable security is:

(a) money in cash (b) property (c) document affecting a legal right (d) none of these.

(2) Local law is applied to:

(a) a class of persons (b) a class of property
(c) to a Part of Pakistan (d) none of these.

(3) Fine is recoverable:

(a) within 12 years . . (b) within 6 years
(c) within 3 years ... (d) none of these.

(4) Fabrication of false evidence is:

(a) making oral statement which is false
(b) conveying to the authorities information which is false (a) making a document containing a false statement (d) none of these.

(5) Criminal intimidation by anonymous complaint amounts to:

(a) an offence (b) does not amount to an offence (c) none of these.

(6) Shortest of the longest prescribed term of imprisonment in Penal Code is:

(a) Ten days (b) Five days
(c) Twenty four hours (d) none of these.

(7) Arrest of a person is made by:

(a) oral command (b) touching or confining the body -. (c) putting handcuffs (d) none of these.

(8) A warrant of arrest remains in force:

(a) indefinitely
(b) for a period of three years
(c) for a period of one year
(d) none of these-

(9) Cognizable offence is:

(a) offence punishable with imprisonment (b) offence punishable with fine (c) one in which arrest can be made without a warrant (d) None of these.

(10) Apology tendered by convicts:

(a) in no case leads to his discharge . (b) in all cases leads to his discharge (c) in some cases leads to his discharge (d) none of these.

(11) Pardon to an accomplice:

(a) exonerates him from the offence
(b) does not exonerate him from the offence
(c) exonerates him conditionally
(d) none of these.

(12) Civil Armed Forces means:

(a.) Police (b) Army-
(c) Pakistan Coast Guard (d) none of these

(13) Accomplice is a competent witness:

(a) in all cases (b) in no case
(c) Hadd cases (d) none of these

(14) Refreshing memory is:

(a) reading a writing of someone else (b) reading a writing made by himself (c) being reminded of events (d) none of these.

(15) Examination in chief is examination of a witness by:

(a) a police officer (b) the opposing party (c) the party who calls him (d) none of these.

(16) Hearsay is:

(a) statement made on the basis of record (b) statement made on the basis of personal knowledge (c) statement made on the authority of another (d) none of these.

(17) Primary evidence is:

(a) direct oral evidence (b) dying declaration
(c) the document itself (d) none of these

(18) Court includes:

(a) arbitrators (b) mediators
(c) conciliators (d) none of these

(19) Private documents are:

(a) registered documents the execution whereof is not disputed- (b) record of judicial proceedings (c) documents maintained by public servant under any law (d) none of these.

(20) Estoppel:

(a) bars a suit (b) bars a statement
(c) .bars prosecution (d) none of these