ae ULI 322 5 wth 35 AYisgs 1300-0047 947902 LAHORE HIGH COURT, LAHORE. COMPETITIVE WRITTEN EXAMINATION, 2023, FOR THE POST OF CIVIL JUDGE CUM JUDICIAL MAGISTRATE PAPER -I CIVIL LAW. TINE ALLOWED: 03 HOURS TOTAL MARKS:100 FIVE) quest ‘ Instructions: Attempt 21 pln dren ae i'd O*ESiONE ond eat wih Mistotons, her 2) vPledge and Hypothecation. Guarantee and Indemnity. c)_\ Recission and revocation of contract d) _“Trustand bailment {05 Marks for each part) ‘A manufactures, ready to weat denim 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 December 2020/A failed to supply jeans in the wake of lockdowns enforced due to spread of COVID-19 pandemic, B alleges dofault on tho part of A, in performance of contractua! obligations, and claims monetary damages/Whether A can plead defence under the doctrine of frustration of contract. If $0, what requisite Conditions need to be met for a claim to be successful. And briefly explain conceptual difference between thé doctrine of frustration of contract and incidence of Force ‘Majeure, znd suggest thal why plea of waiver of obligations under the concept of Force* Majeure is not avaitable to A. [20 Marks} a2 ania GIP eo ee Q3 “Asecures financing from 8, a Bank, against pledge of stocks and personal 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 (Cretumed with the response that pledge stocks were misappropriate by the Mugaddam, appointed by the" Bank. Whelher C has any remedy against A or B or against none. Discuss with peference to the relevant provisions of Contract Act 1872. — J [20 Marks) two children therefrom. A and B acquired foreign nationality and i foreign nationality /A later divorced B. A along the children few to Lahore to-m vents’ Ais setled in Lahore after divoréing 8. A approached thé uafdian judge and seeks Custody of the minors on the” premise that children are ordinarily residing within the territorial Jurisdiction of the Guardian Judge. And to O0)} Q4 A marries B and children also a F135 312302 0300-00470574 Year uinid™ 3kU SS 5 I 302 etic Sy aTOst utstatiate the factum of ordinary residency of tno MNES eeaprnh ry and pleaded entry endorsement at the Lahore APF biects to the jurisdiction of fed ‘wih the Ferfoial jurisdiction of the Guardian Court: Bn ih the tisticton wan Judge at |ahor, claiming that citren 2 MOL TESG Oe Nascton of PeCoUrt. Give judgment qua the objections to te matainablly °° PelNOn [20 Marks} - of the minor daughter would result in fy on the promise that subsequent fall within the prohibited degree of fy to the mother. Support your 9 Whether subsequent marriage of the mother A mothers per-se disqualification to claim custod) fusbard, being stranger to the daughter, does not felafonshi,D0-you support or oppose the grant of custod s —fespective dpinion(s) in the context of the guidelines prescribed under section 17 of the ¢ Guardian & Wards Act 1890 and judicial pronouncements by the constitutiénal courts con the subject. (re pep att 239! [20 Marks} Lawl limitation merely extinguishes the remedy and not the right, Explain and discuss this statement with reference to the characteristics of the procedural and substantive \V_jawand comment that whether law of Limitation is procedural or substantive. = v [20 Marks) 7 Whether a void order is immune fon the law of limitation, What are the exceptions, explain, le ae 1 > eS t [20 Marks} = "bs . at 3° 6 Whether the Family Court mandatorily requires to forthwith pass the decree of Ss 4 ‘yn lisolution of marrage, by way of Khula, when reconciliation fais without adverting 1 or J") calling for the evidence despite cruelty was one of the grounds alleged for Khula claimed, (20 Marks) Q9 Whether the courts enforcing the decrees of the Family Courts are entitled and competent fo entertain applications for transfer of execution proceedings and pass 1-7 appropriate orders” Discuss this statement in the light of the powers conferred and availabe othe Courts enforcing decrees in terms of section 13 read wih section 25A of the Family Courts Act 1964 and rules framed thereunder. - 4 [20 Marks} Q.19 A has rented its building fo B. B fails to pay the rent. A has invoked jurisdiction of the Rent Tribural, wherein application for leave fo contest was fied by B. B alleges further transfer of property to C. C institutes Givl suit before the Civil Court and seeks decree,of specie performance, based on alleged agreement {0 sel with B. Whether suit for < sede petormance by Cis maintainable or not before the Civil court./Discuss the he ‘maintainability of Civil Suit in the context of limitations, if any provided under Provisions ofthe Punjab Rented Premises Act 200 [20 Marks] ULF 20% de He ere aT 8 AS 302 Oleferve—d‘ Bi feserr niga LAHORE HIGH COURT, LAHORE COMPETITIVE WRITTEN EXAMINATION, 2023 FOR THE POST OF CIVIL JUDGE CUM JUDICIAL MAGISTRATE PAPER Il CIVIL LAWatl TIME ALLOYED: 03 HOURS TOTAL MARKS:100 Instructions: Attempt any FIVE questions Q.1 Explain difference in the character of the suils instituted under sections 39 and 42 of the Specific Relief Act 1877. Whether action under section 42 of the Specific Relief ‘Act 1877 could be brought by the vendee, based on agreement fo sell, when entire consideration amount has been paid and possession was delivered al the time of payment of consideration. Elaborate and give reasons qua the maintainability or non- maintainability ofthe suit, whatever the case may be, (20 Marks} Q2 A slandard order to deposil balance amount of sale consideration cannot be homogenously passed in every suil for specific performance of agreements to sell but ‘some cases call for different treatment. Elaborate the instances where and when it is reasonable and equitable to depart from practise of ordering deposit of balance sale consideration contemporaneous fo the instiluion of the suit. [20 Marks] Q3. Is it true that deluge of iiligalion, relating to revenue matters is largely a consequence of non-flfiment of requirements and procedures prescribed for the recording, altestation and sanctioning of mutation(s) under the Land Revenue Act 1967, Critically analyse the statement while elaborating significant requirements. (20 Marks} Q.4 Whether the Office of Village Headman [Lambardar] is stil effective and fulfils the objectives envisaged while creating the office or an instrumentality for gaining selt- XX aggrandizement. Discuss ths sialement cilicaly inthe light of the expertise / criterion prescribed in law for the appointment’ of Lambardar, and suggest measures o make office of village headman Bbfective, effective and meaningful ae : = (20 Marks} 7 Q5 What are the classes of Revenue Officers, scope of jurisdiction vested of each of them, and extent of functions fo be performed by each of the class of Revenue officers 7 {inder the Lafid Revenue Act 1967. gi eee 3 a8 ro sOF 3} watlzqn-0047087 [20 Marks} CIF 32 probs 23 6 > Fi-302 9300-0047057vw RSI FRIRULe bf 3S A302, Sheeran Q6 This question has two parts and must be attempted jointly how remand is different from reference Yo court for recording of evidence. Discuss it in the context of Rules'(23), (23-A) and (25) of Order XL! of Code of Civil Procedure 1908. a a) Explain principles of remand of case by the Appellate Court. And b) Additional evidence is permissible but subject to fulfilment of conditions prescribed. Discuss in the context of Order XL! Rule 27_ OF Cade of Civil Procedure 1908, ~ ae [10 Marks for each part] % 27, Explain principle of Res Judicala and under what conditions the principle is Pecos applicable. Also explain the Scope of constructive Res Judicata. If the principle of Res Judicata is applicable to co-defendants, notwithstanding some are unrepresented. (20 Marks} 302 13575) 147057 Q8 How and to what extent the nature and scope of the objections preferred under section 47 of the Code of Civil Procedure 1908 (CPC), Order XX! Rule 58 and Order XI Rule 103 differ. Explain with illustrations. a 0309-00. 3 ih v. arian [20 Marks} Q9 Define Ad Valorem Court Fee and explain with ilustrations suits that require affixation of Ad Valorem Court Fees 10 avoid objections of deficiency of court fee. (20 Marks}, Q.10 This question has two parts and must be attempted jointly a) What is the difference between Sections 7(iv-c) and 7(iv-a) of the Court Fees Act 1870. — b) with regard fo the Suit for dectaration and suit for benami transactions how the court fee would be computed. (10 Marks for each part) ES Fe2uk nib i35 O-BO2 Aad Vabren7 — HI Ole PU ABE H310302 “0300-00a7057 LAHORE HIGH COURT, LAHORE COMPETITIVE WRITTEN EXAMINATION, 2023, FOR THE POST OF CIVIL JUDGE CUM JUDICIAL MAGISTRATE. Papers! Criminal Law TIME ALLOWED: 03 HOURS TOTAL MARKE: 100 NOTE: Attempt all questions which cary equal marks A Please give a brief note on kinds of hurt entailing punishment of arsh and what evidence is required 10 prove such categories. Formulate your yaad of evider "answer while referring the relevant provisions of law. OR Explain the difference between dishonestly and fraudulently; whether dishonesty is a state of mind or course of action. s g On what grounds police recommends cancellation of an FIR; please cite the 2 2s relevant provisions of Police Rules and before passing any order on such report, "t -S wether magistrate is bound to give notice to the complainant as per section 173 Se Cr. PC, ee OR y Write a note on followings; ai i, Aclass, B class & C class cancellation Report ii. Untraced report iii, Whether interim police report & incomplete police report are the same. iv. Recusant complainant or witnesses 3. Discharge, Stay of proceedings, ‘premature_acquittal, and withdrawal from prosecution; comment on stages for such actions and requirement under the law. Se OR After pleading not guilty to charge, no intermediary stage is available to confess the guilt by the accused except one under section 342 Cr.P.C. comment upon this legal situation. Reply while referring judicial precedents. Lie3 ., GAS fez Dba ys *Oe 302 0300-04705 7 v Remand of accused u/s 167 Cr.P.C, and one uls 344 Cr.P.C. please discuss the requirements. OR ue to absence of On what grounds a case can be adjourn sine die and if it is di 4 witnesses then what coercive measures can be taken to procure their attendance, Reference to judicial precedents shall be appreciated. wv What is summary trial; please discuss the mode of.recording evidence and other processes including imposition of punishment. non OR \ce through the institution of a Magistrate or in such Removal of public nuisan please discuss in detail. proceedings through appointment of jury; i320 “sac 3B e302 a ost4 s 2, (*. Y Asi re sn WF 3G & je M02 = ‘0300-0047057 o LAHORE HIGH COURT, LAHORE COMPETITIVE WRITTEN EXAMINATION, 2023 FOR THE POST OF CIVIL JUDGE GUM JUDICIAL MAGISTRATE PAPER ~ IV GENERAL LAW TIME ALLOWED: 03 HOURS TOTAL MARKS:100 Instructons: Attempt any FIVE questions Q.1 Eight clauses.of Article 46 of Qenun-e-Shahadat Order 1984 provide an yxy exception fo the general rule agains) hearsay evidence. Discuss the evidentiary value of such piece of evidence; and explains that wiio bears the burden !o prove the circumstances to bring matter within the exceptions {20 Marks} Q2 ‘Test of admissibilty of a confession its voluntariness and not its truth. Explain the statement in'the context of the categorfiR of confession(s) discussed and dealt with under ther Qanun-e-Shahadat Order 1984, {20 Marks} Q.3 Qanun-e-Shahadat Order 1984 nizes certain classes / kinds of presumptions, explain the followings with iigprations. a) Presumptions of law b) Presumptions of fact c) Mixed presumptions. 4d) Absolute and conditional pfesumptions @) Ditference between ction of law’ and ‘irrebuttable presumptions of law. 04 marks for each part} @.4 _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 allestation of a document is sought to be produced c) when documents produced are admitted and when documents are ~~ non-admitted. ~— - \ ROL S302 s 2. we 4) where plans are submitted, not admited, and required to be . v proved. ~ —- : ‘ Gis eUe obese ies an beP35. -0300-0047057‘ Le ®) conditions 0 be fullled before orderin recotde 19 production of public [04 marks for each part) Q5 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. é [20 marks} 06 explain ees of Count of Conon Inerst nat sits composion, and _y. Wiwhrat functions does form under THe Constitutional framework. 1S The Objective of v ‘achieving provincial autonor been achieved by the Council. Quote one instance to support analysis. 7 ry | [20 Marks] Q.7 The Parliament, being a creature of ne Constitution, and not being a Constituent Assembly, cannot destroy or fundameglly change the salient features of the Constitution of Pakistan. Discuss this st nt in the context of constitutive salient features of the Constitution of Pakist ith added emphasis on the feature of Independence of Judiciary. : s) 5 & 2 q € & Fs 3 [20 Marks) ay gs 3 Q8 Article 19 of the Constitution of Pafan guarantees freedom of Speech. Is that Si 2 Sy fight an absolute right, if not what limitati@™ are imposed on exercise of such righl(s). i Give realstic analysis of extent of freedonW@ press in Pakistan and rle ofthe Courts in “=> defending such freedom. “ (20 Marks} Q9 Unless otherwise provided, forum of appeal is determinable according to the value of the sult 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 wiiere 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 suils, 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 thé 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. ~~ ay 7 GI fs20u Vref AO 302 = Ns (29 Marks]LIAO “in in35 5-302 Hag a LAHORE HIGH COURT, LAHORE COMPETITIVE WRITTEN EXAMINATION, 2023 FOR THE POST OF CIVIL JUDGE CUM JUDICIAL MAGISTRATE Paper-V ENGLISH Time allowed: 03 HOURS Total marks: 100, Note: Attempt all questions. Read the following passage and answer the questions given atthe end: 2 People moan about poverty as a great evil; and it seems to be an accepted belief that if people only had plenty of morey, they would be happy and useful and get more out of lifes a rule, there is more genuine salsfaction in ife.and more obtained from Iie 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; athe same time | am glad to think that they do not know what they have Ti is because | know how sweet 202 and happy and pure the home of honest paver is, how free from perplexing care 7 ‘and from social envies and jealousies_ how loving and united its members are in as thetcommon interest of supporting the family that | sympathize with therch man's. “7 UE boy and congratulate the poor man's son, It is for these sthat fromthe “Ak BS ranks of the poor so many strong, eininent, self relant.men have always sprung, "38 and always must spring. If you will read the list ofthe Immortals, who were not Xt 32 born to die,” you will find that most of them have.been bom poor. SF (a)Write a précis of the above oa and assign a suitable heading to it r (15 Marks) (b) Translate the above passage in to Urdu. (15 Marks) Q: 2 Write an essay on any ONE of the following topics: V (Social Media: Bane or Boon? (i) Hard Work VS Smart Work (ji) Importance of Investing in Alternative Fuels (iv)The Right to Privacy is a Fundamental Right in Pakistan (v) Participation ofthe Judiciary in Politics (vi) Global Warming (20 Marks) 2 GE 2zok DarcH35 Oe 302 ego eee 157ln rye Pro ule Saute S095 F3-302 “0300. y047057 Swe Q: 3 Write a letter to the editor of a newspaper discussin it it i Fl 1g the role of judges and lawyers in defending the rule oflaw. (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: 4i)Take a rain check (ifBott from the blue (lii)Cut the mustard (iv)Get_wind_of y something (vi)Once in a blue moon (vii) A snowball effect (viii)Spill the beans 2 “ (10 Marks) Q:5 Construct sentences to distinguish between meanings of any FIVE of the following Pay g pair of words:( No credit will be given for single correct sentence) Or, 35 2 Vr . 335 fi) Cite, Site (if Council, Counse| (ii) Descent, Dissent (1) Elusive, lllusive ae A 3 (vfRain, Reign (vif Cession, Sess'on(vii) Collision, Collusion viii)Decry, Descry 42 ° 1 5; = 2 (1 Marks) "SS j S ae ¥ Q:6 Punciuale the following paragraph: . If you look about you and consider the fives of others as well as your uwn,if you think how few are born with honour and how many die without name or childrén: 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 dovn upon knees, and instead of repining at one affliction will admire so many blessings which you have received from the hand of God. Coa (10 Marks)pei fee x 382198 HS a OZ “0300-0047057 v LAHORE HIGH COURT, LAHORE CIVIL JUDGES CUM JUDICIAL MAGISTRATES COMPETITIVE EXAMINATION, 2023 PAPER-VI URDU Tie ALLOWED: #8 HOURS FAL MARKS 10 Note; Attempt All question. 1K BR KY oy Sk ak SAG ee Ee I BE BS See By RES FES ER ET i a 5 wn BES ct Pin 2 ES ee BI Gly Se S POA i aR PS See SIS Bs ip Be So StF hs oS SH AES Be Soi ef KOH SO ESS Cre Sea a Se Sy ek oes See wee Bt Sd BS eS GSS a 8 tt SS lf oS pac us Se ISIS TE, Be SS SU CS us ky Bette Sees re kgs SE BSE HRS 39 eS en SS AB eo Doe I wish I could impart to you that softness of “eeling which fills my heart when I meet one of these younger brothers in service. 1 don't man that | have a step-brotherly feeling when 1 meet the elder brothers. And that,reniinds sie of an anecdote—for anecdotage goes with ¢ and since I have started going to slecp in the court ruom, | have become convinced that om: day J am going to suffer from dotage. {— : tees tes 28 aD ee Oe BB et Ba coli iS BS ae Rah Se tS tS (iv) Cause of action (v) Mens rea (vi) Status quo SN opine So AS cae Cbg JB ES ped lye AIANS shes pile 59) calse (i) oI SIE Mii) Gogh nbal IS SI" Slee cp Fe S ch vo alii) UIE SeFt35 A 3:4302 ga aT“nde eDB > 3302 te batese LAHORE HIGH COURT CIVIL JUDGES CUM JUDICIAL MAGISTRATES COMPETITIVE EXAMINATION, 2023 PANERAI GENERAL KNOWLED( SF AL owen IE amaowee HAL AMS 0 NOTE 1 " u |, Jawaharlal Nehru took the place of Abu-ul-Kalam Azad as Congress president In the yea ) 1940 by 1932 ©) 1946 4) 1939 M. Which country has largest army in the world? 7 © Russia b) India 8 g © U ina ree 1h, Name the vitar inst memory loss in old age: me 38 Vitanin 308 6). Vitamin © Vitamin D at os JV, Who is known as founder of Algebra? oz 8) Al-Khwarizmt b) Rumi 9s ©) Abu Yousat 4) thne Sina 33 V, ‘The brightest star in the sky is named as: 2 WH » b) Hayes S Qs 4) Praesepe VI. the element found on the surface of moon is named: ” b) Tantalum 1 a) Tungston VIL. First Constituent Assembly of Pakistan was dissolved on: 8) May 20, 1949 by October 24, 1954 ) June 24, 1653 a) April, 1954 VIL, "Widow's tears” is the name of: a) Lake b) Rai ) Waterfall 4) Peninsula IX, Nuune of the current UN Secretary General is: ) Ban Ki Moon b) Batrus Ghali ©) Antonio Guterres 4) None of these X, Eiquater also passes through one of these countries, 8) China b) Iran ©) Brazil a) Nepal Oy ; Aine FS Y @300-0047047CIF RUC Ar AIS AB 302 Question No.2: Fill in blanks, (ostew i. Gold and silver are known as. metals fi, The branch of zoology that deals with the study of insects is called a Sli, Morphine can use” " iv. The amount of ozone inthe wimosphere is expressed in ¥. The study oFeye and it disewes ipealled. vi. The highest military award in Pakiston to vii, Wateris compound of Vill; The longest river in the world is — 7 tector L x. Thewolarsystemhas planet provget® Question No.3: Explain briefly any four of the following:- @st-10) i. Digestive sysiem il, Radar ii, Folk culture Iw. Smoked smog’. Infetion &alérsy VL Nebula Question No.4: Wi do the following abbreviations stand for: (10x1=10) L pws ASEAN UNICEF LO. NAM a BBC ADS EMP Ore 2 kD PARI @oa-40) Question No.5: Examine the failure of Parliamentary Government in Pakistan resulting in the abrogation of the 1956 Constitution and discuss the causes of failure. 2 CpGion Nos: Pakistan is presently confronted with alarming political and & "economic crisis. Discuss in detail causes and suggest “\ SD soluffon. “ Gestion No.7: Explain i of Pakistag. Whether two nation theory is ¥ still relevant after the fall of Dhaka? Question No.8: What is judicial activism? Has it contributed to the independence of judiciary? Discuss. PART-UL (aoxs20) Question No.9: Explain the significance of the Holy Quran as a primary and major source of Islamic Law. x Question No.10: Define concept of Ijtihad by discussing its importance in the light of injunctions of the Holy Quran and Sunnah, CANDIDATES Discuss the importance of normative values in society. ji. Describe the characteristics of a good citizen. CIF 202 USF35 ~I0302 -0300-0047057