Question Papers C-J LHC 04 Oct2009

Malik Virgo · #1 Sunday, January 03, 2010

LAHORE HIGH COURT, LAHORE.

Civil judges-cum-judicial Magistrates
Recruitment Examination, 2009.

QUESTION PAPER

Instructions:
 All answers are to be written in English Language.
 Answer any five questions
 All questions carry equal marks
 Time 3 hours

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)

From
IMRAN AHMED JANGLA
ADVOCATE