LAHORE HIGH COURT, LAHORE CORIPETITIVE WRITTEN EXAMINATION, 2023 FOR THE POST OF CIVIL JUDGE CUM JUDICIAL MAGISTRATE PAPER -$ CIVIL LAWL TIME ALLOWED: 03 HOURS TOTAL MARKS:108 Insiuctions: Attempt any FIVE questions 4 Q2 a3 a4 Explain difference between following expressions and elucidate with ilustations,olher than those stated in the textbook? Pledge and Hypathecation. Guarantee and Indemnity, Recission and revocation of contract. Trust and bailment, [DS Marks for each part] ‘A manufactures, ready to wear derim jeans at its factory premises in the vicinity of Lahore. B, resident of Michigan United States, places an order with A for supply of 1000, ready to wear, denim jeans. Agreement envisages obligation to supply jeans by the 30 of Decamber 2020, A failed to supply jeans in the wake of lockdowns enforced due to spread of COVID-12 pandemic. B alleges default on the part of A, in performance of contractual obligations, and claims monetary damages. Whether A plead defence under the doctine of frustration of contact. If so, what requisite Conditions need to be met for a claim to be successful. And briefly explain conceptual difference between the doctrine of frustration of contract and incidence of Force Majeure, ard suggest that why plea of waiver of obligations under the concept of Force ‘Majeure is not available to A. (20 Marks} ‘A secures financing ftom B, a Bank, against pledge of stocks and persone! guarantee ‘executed by C favouring B, to secure the repayment of finance extended by B to A. Upon A’s failure, notice of demand is issued by B to C for repayment of overdue claim in lieu of personal guarantee. C makes payment in terms of personal guarantee and request B to deliver possession and interest in the pledge goods to C, which request is relumed with the response that pledge stocks were misappropriate by the Mugaddarn, appointed by the Bank, Whether C has any remedy against A or B or against none. Discuss with reference to the relevent provisions of Contract Act 1872. [20 Marks) A marries 8 and has two children therefrom, A and B acquired foreign nationality and chitdren also acquired foreign nationality. A later divorced B. A along the children few to Lahore to meet her parents. A is setled in Lahore after divorcing B. A epproached the guardian judge and seeks custody of the minors on the premise that children are ordinary resting within the teriorial jurisdiction of the Guerdian Judge. And toQs a6 ar a8 ag 10 substantiate the factum of ordinary residency of the minors, A provided aibline tickets and pleaded entry endorsement at the Lahote Airport. House of the parents of B is, within the tertorial jurisdiction of the Guardian Court B objects to the jurisdiction of the Guardian Judge at Lahore, claiming that children are not residing with the jurisdiction of the Court. Give judgment qua the objections to the maintainability of petition. [20 Marks] Whether subsequent marriage of the mother of the minor daughter would result in mothers per se disqualtication to claim custody on the premise that subsequent husband, being stranger to the daughter, does not fail within the prohibited degree of relationship. Do you support or oppose the grant of custody to the mother. Support your respective opinion(s) in the context of the guidelines prescribed under section 17 of the Guardian & Wards Act 1890 and judicial pronouncements by the constitutional courts ‘on the subject. [20 Marks} Law of limitation morely extinguishes the remedy and nol the right. Explain and discuss this statement with reference to the characteristics of the procedural and substantive law and comment thet whether law of Limitation is procedural or substantive, [20 Marks] Whether a void order is immune from the law of limitation. What are the exceptions, explain. [20 Marks) Whether the Famity Court mandatory requires to forthwith pass the decree of dissolution of marriage, by way of Khula, when reconciation fails without adverting to-or calling for the evidence despite cruelty was one of the grounds alleged for Khula claimed. [20 Marks) Whether the courts enforcing the decrees of the Family Courts are entitled and competent to entertain applications for transfer of execution proceedings and pass appropriate orders. Discuss this statement in the light of the powers conferred and available to the Courts enforcing decrees in terms of section 13 read with section 258 of the Family Courts Act 1964 and rules framed thereunder. (20 Marks) A has rented its building fo B. B fails to pay the rent. A has invoked jurisdiction of the Rent Tribunal, wherein application for leave to contest was filed by B. B alleges further transfer of property to C. C institutes civil suit before the Civil Court and seeks decree of specific performance, based on alleged agreement fo sell with B. Whether suit for specific performance by G is maintainable or not before the Civil court Discuss the issue of maintainabilty of Civil Suit in the context of iritations, if any provided under the provisions of the Punjab Rented Premises Act 2008, [20 Marks}LAHORE HIGH COURT, LAHORE COMPETITIVE WRITTEN EXAMINATION, 2023 FOR THE POST OF CIVIL JUDGE CUM JUDICIAL MAGISTRATE PAPER. IIL LAME TIME ALLOWED: 03 HOURS TOTAL MaRKS:i00 Instructions: Attempt any FIVE questions Q1 Explain difference in the character of the suils instituted under sections 29 and 42 of the Specific Relief Aci 1877. Whether action under section 42 of the Specific Rellef Act 1877 could be brought by the vendee, based on agreement to sell, when entire consideration amount has been paid and possession was delivered at the time of payment of consideration. Elaborate and give reasons qua the maintainabilty or non- ‘maintainability of the suit, whatever the case may be, [20 Marks} Q.2 A standard order fo deposit balance amount of sale consideration cannot be homogenously passed in every suit for specific performance of agreements fo sell bul some cases call for diferent treatment, Elaborete the instances where and when itis reasonable and equitable to depart from practise of ordering deposit of balance sale consideration contemporaneous fo the institution ofthe suit {20 Marks} Q3 Is il true that deluge of tigation, relating to revenue matters is largely a consequence of nor-iuliment of requirements. and procedures prescribed for the recording, attestation and sanctioning of mutation(s) under the Land Revenue Act 1967. Critically analyse the statement while elaborating significant requirements, (20 Marks} Q4 Whether the Office of Vilage Headman [Lambardar] is sill effective and fulis the objectives envisaged while creating the office or an instrumentality for gaining self aggrandizement. Discuss this statement critically in the light of the expertise / oriterion prescribed in law for the appointment of Lambardar, and suggest measures to make office of vilage headman objective, efective and meaningful. [20 idarks} Q.5 What ete the classes of Revenue Officers, scope of jurisdiction vested of each of them, and extent of functions to be performed by each of the class of Revenue officers under the Land Revenue Act 1987. [20 Marks)Q.6 This question has two parts and must be attempted jointly. @) Explain principles of remand of case by the Appellate Court, And how remand is different from reference to court for recording of evidence, Discuss it in the context of Rulles (23), (23-A) and (25) of (Order XLI of Code of Civil Provedure 1908. b) Additional evidence is permissible but subject 10 fulflment of conditions prescribed, Discuss in the context of Order XLI Rule 27 of Code of Civil Procedure 1908. [10 Marks for each part] Q7 Explain principle of Res Judicata and under what conditions the principle is applicable. Also explain the scope of constructive Res Judicata. If the principle of Res Ludicata is applicable to co-defendants, notwithstanding some are unrepresented. (20 Marks} Q.8 How and to what extent the nature and scope of the objections preferred under section 47 of the Code of Civil Procedure 1808 (CPC), Order XXI Rule §8 and Order XX! Rule 103 differ. Explain with illustrations. (20 Marks} Q9 Define Ad Valorem Court Fee and explain with ilustrations suils that require affixation of Ad Valorem Court Fees to avoid objections of deficiency of court fe. [20 Marks} Q.10 This question has two parts and must be attempted jointly, 2) What is the difference between Sections 7(iv-c) and 7(iv-a) of the Court Fees Act 1870. b) with regard to the Suit for declaration and suit for benami transactions how the court fee would be computed. [10 Marks for each partiLARORE HIGH COURT, LAHORE COMPETITIVE WRITTEN EXAMINATION, 2023 FOR. THE POST OF CIVIL JUDGE CLM JUDICIAL MAGISTRATE Paparli Crimieal Lew THE ALLOWED: 08 HOURS TOTAL MARKS: 103 MOTE: Attempt all questions which cary equal marks |. Please give a brief note on kinds of hurt entailing punishment of arsh and what standard of evidence is required to prove such categories. Formulate your answer while referring the relevant provisions of law. oR Explain the difference between dishonestly and fraudulenty; whether dishonesty is a state of mind or course of action. . On what grounds police recommends cancellation of an FIR: please cite the relevant provisions of Police Rules and before passing any order on such report, swheiher magistrate is bound to give notice to the complainant as per section 173 CrPC. oR ‘White a note on followings; i. Aclass, B class & C class cancellation Report ii, Untraced report ii, Whether interim potice report & incomplete police report are the same iv. Recusant complainant or witnesses . Discharge, Stay of proceedings, premature acquital, and withdrawal trom prosecution; comment on stages for such actions and sequirement under the law. oR At pleading not guilly to charge, no intermediary stage is aveilable to confess the guilt by the accused except one under section 342 Cr.P.C. comment upon this legal situation. Reply while roferting judicial precedents4 Remand of accused wis 167 CrP.C. and one uls 344 Cr.P.C. please discuss the requirements. OR (On what grounds a case can be adjourn sine die and if it is due to absence of witnesses then witat coercive measures can be taken to procure their attendance, Reference to judicial precedents shall be appreciated. What is summary tia: please discuss the mode of recording evidence and other processes including imposition of punishment. OR Removal of public nuisance through the institution of a Magistrate or in such proceedings through appointment of jury; please discuss in detailLAHORE HIGH COURT, LAHORE COMPETITIVE WRITTEN EXAMINATION, 2023 FOR THE POST OF CIVIL JUDGE CUM JUDICISL MAGISTRATE PAPER ~I¥ GENERAL LAW TIME ALLOWED: 63 HOURS TOTAL MARES:100 Instructions: — Atteenp# any FIVE questions: Q.1- Eight clauses of Article 46 of Qanun-e-Shahadat Order 1984 provide an exception to the general rule against hearsey evidence. Discuss the evidentiary value of such piece of evidence; and explains that who bears the burden lo prove the circumstances io bring matier within the exceptions. [20 Marks] Q.2 ‘Test of admissibility of a confession is its voluntariness and not its truth’. Explain the statement in the context of the categories of confession(s) discussed and dealt with under the Qanun-e-Shahadat Order 1984. [20 Marks} Q.3 Qanun-e-Shahadal Order 1984 recognizes certain classes / kinds of presumptions, explain the followings with illustrations. a) Presumptions of law b) Presumptions of fact ¢) Mixed presumptions. d) Absolute and conditional presumptions e) Difference between ‘fiction of law’ and ‘irrebutiable presumptions of law. {04 marks for each part] Q4 — Interms of High Court Rules & Orders [Part-G, Volume-l], what procedure(s) and requirements the court(s) must follow / adopt in following circumstances: a) suspicious, forged or not properly stamped documents are produced in court b) where signatures and attestation of a document is sought to be produced ©) when documents produced are admitted and when documents are non-admitted. d) where plans are submitted, not admitted, and required to be proved.) conditions to be fulfilled before ordering production of public records [04 marks for each part] Q.5 — Explain the scope of instructions that could be issued to the Subordinate courts regarding Court inspections according to the High Court Rules & Orders - Part-B, Chapter-li, Volume IV. [20 marks] Q.6 Explain efficacy of Council of Common Interests, what is its composition, and what functions does it perform under the Constitutional framework, Is the objective of achieving provincial autonomy has been achieved by the Council. Quote one instance to support analysis. [20 Marks) Q?7 The Parliament, being a creature of the Constitution, and not being a Constituent Assembly, cannot destroy or fundamentally change the salient features of the Constitution of Pakistan. Discuss this statement in the context of constitutive salient features of the Constitution of Pakistan with added emphasis on the feature of Independence of Judiciary. [20 Marks) Q.8 Article 19 of the Constitution of Pakistan guarantees freedom of Speech, Is that right an absolute right, if not what limitations are imposed on exercise of such right(s). Give realistic analysis of extent of freedom of press in Pakistan and rote of the Courts in defending such freedom. [20 Marks} Q.9 Unless otherwise provided, forum of appeal is determinable according to the value of the suit quantified in the plaint. If appeal is preferred before a wrong forum, then under what circumstances the Court shall grant the benefit of sections 5 and 14 of the Limitation Act 1908 to condone the delay caused. Explain instances where such benefit could be extended or denied depending on the facts of each case. [20 Marks] Q.10 Section 18 of the Punjab Civil Courts Ordinance 1962 prescribes forum to which appeal lies from the orders / judgments of the Civil Judges, How forum of appeal would be determined when two suits, wherein nature of reliefs sought and valuation for court fee purposes were different, were decided through a consolidated judgment and in terms of the valuation one of the appeals is competent before the District Judge and other before the High Court. Whether the appeals would be heard separately, or consolidation thereof is possible. Explain with illustrations. [20 Marks]LARORE HIGH COURT, LAHGRE COMPETITIVE WRITTEN EXAMINATION, 2023 FOR THE POST OF CIVIL JUDGE CUM JUDICIAL MAGISTRATE Paper-¥ ENGLISH Time allowed: #3 HOURS Total marke: 190 Note: Attempt all questions. Q:1 Read the following passage and answer ihe questions given al the end: People moan about poverty as a great evil; and it seems to be an accapted belief that if people only had plenty of money, they would be happy and useful and get more out of life. As a rule, there is more genuine satisfaction in life and more obtained from life in the humble cottage of the poor man than in the palaces of the rich. | always pity the sons and daughters of rich men who are attended by servants and have governesses at a later age; at the same time | am glad to think that they do not know what they have missed. # is because t know how sweet and happy and pure the home of honest poverty is, how free from perplexing care and from social envies and jealousies_ how loving and united its members are in the common interest of supporting the family that | sympathize with the rich man’s boy and congratulate the poor man’s son. It is for these reasons that from the ranks of the poor so many strong, eminent, self reliant men have always sprung and always must spring. If you will read the list of the “Immortals who were not born to die,” you will find that most of them have been born poor. (a)Write a précis of the above passage and assign a suitable heading to it. (15 Marks) (b) Translate the above passage in to Urdu. (15 Marks) Q: 2 Write an essay on any ONE of the following topics: (i} Social Media: Bane or Boon? (ii) Hard Work VS Smart Work (iii) Importance of Investing in Altemative Fuels (iv)The Right to Privacy is a Fundamental Right in Pakistan (v) Participation of the Judiciary in Politics (vi) Global Warming. (20 Marks)Q: 3 Write a letter to the editor of a newspaper discussing the role of judges and lawyers in defending the rule of law. —_ (Please make sure that Name, Roll No. etc. is not given) (20 Marks) Q’4 Write sentences illustrating the use of FIVE of the following idiomatic expressions: (Take a rain check (jijBolt from the blue (ii)Cut the mustard (iv}Get wind of something (vi)Once in a blue moon (vii) A snowball effect (vii)Spill the beans (10 Marks) Q:5 Construct sentences to distinguish between meanings of any FIVE of the following pair of words:( No credit will be given for single correct sentence) (i) Cite, Site (i) Council, Counsel (iii) Descent, Dissent (iv) Elusive, Illusive (v) Rain, Reign (vi) Cession, Session(vii)Collision, Collusion vii)Decry, Descry (10 Marks) Q:6 Punctuate the following paragraph: If you look about you and consider the lives of others as well as your own if you think how few are born with honour and how many die without name or children how little beauty we see and how few friends we hear of how many diseases and how much poverty there is in the world you will fall down upon knees and instead of repining at one affliction will admire so many blessings which you have received from the hand of God. (10 Marks)LAHORE HIGH COURT, LAHORE CIVIL JUDGES CUM JUDICIAL MAGISTRATES COMPETITIVE EXAMINATION, 2023 PAFER-VI URDU "TIRE ALLOWED: is HOURS TOTAL HADES: 160 Mota; Attempt All question. seseeS Saget alge BA 3h iS Gosh 5 Us US me sie | pd Uh eS cet ost oe ie SI SS Soe ce HEH Gol oe a) SS ae ce SI! eS OF AS oS cay Ela Gb elt Re ce 8 Galea 8 ON lS ue ty 8 JLB ed SS cop ple hyd gS US ce Sgtth Sot BSS ct ne SURO yt 938 oolag at Sd 2 MBSE GA AE (gS Cogn HSS Got BS AS oe pe ED ool Oa oh 590 cae) Ba eB pes Sol AS ANS) chy ny pn S Ul iS So phe Bg AS cle eS CE SG SS Ce ig AS ot nt Qs oy Cel gm Uns ple AS S jie S gp unde ah S abe 8 Ge US cpl cll ee et IS ct lah gS aes 8) 28 Bp het oto ott DBE S oot opt oS par So ots tle ol S53 S op Sip ONS iy OU ee US US sth 8 Ghd oy Cy B Sy tte Ses mp aSi8 iS Abi 6 dee ped nd $ Glst se 3 8 IIS Uhl db cos 2 die I wish T could impart to you that sofiness of feeling which fills my heart when I meet one of these younger brothers in service. I don’t mean that | have a step-brotherly feeling when I meet the elder brothers. And that reminds me of an anecdote—for anecdotage goes with dotage and since I have started going to sleep in the court room. I have become convineed that one day I am going to suffer from dotage wee catalyse Miah gS TRIN 93 ie iS gS etl gh at 3 sed 4 BS pon pills Cintas oS chen gS yo at osflal Sy ga ha US oe CS yo ec phe Sy pen ee Nal hg SU ag alend nl e i) Pauper suit (ii) Set-off (ii) Mesne profits Giv) Cause of action (v) Mens rea (vi) Status quo eS gaan 2 SU AS cane ne ge G85 es Ul EH lk a ete S Call iLAHORE HIGH COURT, LagoORE CIVIL JUDGES CUM JUDICIAL MAGISTRATES COMPETITIVE EXAMIMATEOM, 2033 PAPER-VE GENERAL fOWEEDGE ‘TIME ALLOWED: e5t0RS ‘TOTAL MARKS: 100, NOTE: 1 All questions of Part-I ave compulsory. Th Attempt two questions from Part-I I, Attempt one question from Part-II. PARTS Question No.l: Write only correct ene Do not reproduce the question book, (10x1=10) in the ans 1, Jawaharlal Nehru took the place of Abu-ul-Kalam Azad as Congress president in the year: a) 1940 b) 1932 ©) 1946 4) 1939 IL. Which country has largest army in the world? a) Russia b) India ©) USA 4) China TH, Name the vitamin that may help to protect against memory loss in old age: a) Vitamin A b) Vitamin B ©). Vitamin C 4d) Vitamin D TV. Who is known as founder of Algebra? a) AlKhwarizmi b) Rumi 2) Abu Yousaf 4) Tbne Sina V.. The brightest star in the sky is named as: a) Sirus b) Hayes ©) Sun 4) Praesepe VI. The element found on the surface of moon is named: a) Tin b) Tantalum ©) Titanium @) Tungston VIL. First Constituent Assembly of Pakistan was dissolved on: a) May 20, 1949 b) October 24, 1954 ce) June 24, 1653 @) April 1, 1954 VIII. “Widow's tears” isthe name of, a) Lake b) Rain )_ Waterfall 4) Peninsula IX. Name of the current UN Secretary General is: a) Ban Ki Moon b) Batrus Ghali ©} Antonio Guterres d) None of these X. Equater also passes through one of these countries. a) China b) Tran ©) Brazil d) NepalQuestion No.2: Fill in the blanks. (10x1=10) Gold and silver are known as metals. ‘The branch of zoology that deals with the study of insects is called Morphine can cause ‘The amount of ozone in the atmosphere is expressed in, v, The study of eye and its diseases is called vi, The highest military award in Pakistan ig - vii, Water is compound of . viii, The longest river in the world is ix. is the unit of electric current. x. The solar system has planets. Question No.3: Explain briefly any four of the following:- @.5x8=10) Digestive system ii, Radar ii, Folk culture Smoke & smog v. Infection & allergy vi. Nebula Question No.4: What do the following abbreviations stand for: (I0xI=10) i DNA & ASEAN UNICER LO, % NAM ve Bac vil AIDS will EMF otc x IBRD PART 20.2940) Question No.S: Examine the failure of Parliamentary Government in Pakistan resulting in the abrogation of the 1956 Constitution, and discuss the causes of failure. Question No.6: Pakistan is presently confronted with alarming political and economic crisis. Discuss in detail causes and suggest solution, Question No.7: Explain ideology of Pakistan. Whether two nation theory is still relevant afier the fall of Dhaka? Question No.8: What is judicial activism? Has it contributed to the independence of judiciary? Discuss. T-11T 2051-20) Question No.9: Explain the significance of the Holy Quran as a primary and major source of Islamic Law. Question No.10: Define concept of Ijtihad by discussing its importance in the light of injunctions of the Holy Quran and Sunnah, ETHICS FOR NON-MUSLIM CANDIDATES Discuss the importance of normative values in society. ii, Describe the characteristics of a good citizen.