Civil Judge Past Papers 2017-2023f.jja
Civil Judge Past Papers 2017-2023f.jja
CONTRACT ACT
1. Aslam is a young businessman who has just graduated from University. He decides to
start up a business, which organizes marriage functions within Lahore -seeing an
opportunity in a local market. Aslam approaches Bank for obtaining a loan to secure
office premises. Bank is impressed by his business plan, but given his inexperience, is
only willing to lend him Rs.20.00 Million, if the loan is guaranteed. One evening, Aslam
and a representative from Bank go to visit Aslam's mother at a village. Aslam's mother
(Sakina) is seventy years old and she has been in village for nine years after a car
accident in which her husband was killed. As a result of the accident she suffered a
major brain hemorrhage and has lost most memories of her life and suffers from some
language comprehension difficulties. She is very passive and she was heavily reliant on
her husband for emotional and financial support. Aslam shows her mother the contract
and tells her: "The Bank just wants to make sure that everything will be okay with my
new business. They just want to make sure that someone will pay them if it goes broke,
but I am sure it won't come to that. Can you just sign here?" Her signatures are obtained
on the deed of guarantee. Is Aslam's mother liable under the guarantee? Explain your
opinion with reasons. (CJ 2017)
2. Knowing that Javaid wanted to sell his car so that he could buy a new one, Farooq
sent him an e-mail message saying, "I will give you Rs. 1,500,000/- for the car". Javaid
replied," Interesting suggestion. Would you go to Rs. 1,800,000/-?" In response, Farooq
sent a further message stating, "Yes. Consider it sold at Rs. 1,800,000/-. No need to
reply. I will collect it later in the week". However, Farooq later learnt from a mutual
friend that Javaid had then accepted a higher offer for the car from someone else.
Consequently, he was very surprised when it turned out that Javaid's other deal had
fallen through and that Javaid was now expecting Farooq to buy the car. Farooq angrily
refused to do so. Discuss the rights, duties and remedies, if any, of Farooq and Javaid
arising out of negotiations for the sale of Javaid's car. (CJ 2017)
3. "Silence, even as to known defects does not amount to an actionable
misrepresentation." Discuss the validity of this statement. (CJ 2019)
4. The limitation imposed on the validity of contracts made by minors make it extremely
difficult for young people to make their way in the modern world. Discuss the reasons
why the law imposes those limitations and assess the extent to which they need to be
revised. (CJ 2019)
5. Examine what is the legal position, as to the following:
A holding company "AZU Limited Company" executed a guarantee of worth Five
Hundred Thousand Rupees on behalf of its subsidiary company "AUB Limited Company"
via written contract in favor of AKL Bank promising thereby that in case of default by
AUB, AZU will discharge the liability. Bank demanded the compliance of the guarantee
executed and subsidiary refused to execute it therefore, Bank asked the guarantor i.e.
holding company to fulfill its promise. AZU Company also declined to execute the
guarantee demanded.
I. In your opinion, explain whether there is a valid contract of guarantee between the
parties. Also explain the importance of the essential elements required for the
formation of a valid contract of guarantee.
II. Write an opinion advising Bank on the various possible option(s) available for the
enforcement of contract of guarantee along with the liability of the guarantor. (CJ-2020)
6. Discuss the obligations, duties and limitations of an agent. Also, state as to whether
principal is bound by agent's act performed beyond his authority. (CJ-2020)
7. Define and talk about contingent contracts with reference to the relevant provisions
of the Contract Act, 1872. (CJ-2020)
8. Define and write short notes and principles laid down to the following by the apex
courts of Pakistan in various judgments:
a. Difference between "agreement" and "contract";
b. Difference between "void" and "voidable contract";
c. Effect of "promise" and "reciprocal promises"
d. Concept of "express" and "implied" authority in the arrangement of Agency;
e. Mistake of fact and its effect on the contract (CJ-2022)
9. "All agreements are contracts". Discuss all aspects and its essentials as defined in the
contract Act (IX of 1872). (CJ-2022)
10. Explain difference between following expressions and elucidate with illustrations,
other than those stated in the textbook?
a. Pledge and Hypothecation.
b. Guarantee and Indemnity.
c. Recission and revocation of contract.
d. Trust and bailment. (CJ-2023)
11. A manufactures, ready to wear 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 default on the part of A, in performance of
contractual obligations, and claims monetary damages. Whether A can plead defence
under the doctrine of frustration of contract 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, and suggest that why
plea of waiver of obligations under the concept of Force Majeure is not available to A.
(CJ-2023)
12. A secures financing from B, 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 returned
with the response that pledge stocks were misappropriate by the Muqaddam,
appointed by the Bank. Whether C has any remedy against A or B or against none.
Discuss with reference to the relevant provisions of Contract Act 1872. (CJ-2023)
13. What does an 'express' and 'implied' authority of an agent means. Explain factors
/circumstances where authority of the agent is said to be implied. Discuss circumstances
envisaged by section 215 of the Contract Act, where principal may repudiate the
transaction undertaken by the agent, dealing on his own account in the business of the
agency. (CJ-2023- FALL)
14. Define expressions 'Bailment', 'Bailor' and 'Bailee'. Illustrate respective obligations.
of 'Bailor' and 'Bailee' as discussed in the Contract Act. (CJ-2023- FALL)
15. Agreements without consideration are void. What exceptions are provided in
section
2. Define legal disability. What is the effect of disability on a suit for pre-emption?
(CJ-2017)
3. Write down the limitation period prescribed in the relevant law, for the following
suits/applications:
(i) Application for the re-hearing of an appeal heard ex-parte.
(ii) Application for order to set-aside a dismissal for default.
(iii) Application under the Arbitration Act, 1940 for the filing of award.
(iv) Application for the execution of decree or order of any civil court etc.
(v) Suit for compensation for the breach of a contract in writing registered.
(vi) Suit for an account and a share of the profit of a dissolved partnership.
(vii) Suit to declare the forgery of an instrument issued or registered.
(viii) Suit by a surety against a co-surety.
(ix) Suit for compensation for trespass upon immovable property.
(x) Suit against carrier for compensation for non-delivery of goods. (CJ-2019)
4. Explain the difference between Section 5 and 14 of the Limitation Act, 1908.
(CJ-2019)
5. Explain the following statement in light of the relevant provisions of law and
judgments laid down by the superior courts of Pakistan:
"Where once time has begun to run, no subsequent disability or inability to institute a
suit or make an application can stop it." (CJ-2020)
6. Write down the limitation period prescribed in the relevant law, for the following
suits/appeal.
i) Suit for compensation of false imprisonment.
ii) Suit for compensation for malicious prosecution.
iii) Suit for compensation for infringing copyright etc.
iv) Suit under order .37 CPC.
v) Suit to declare the forgery of an instrument issued or registered.
vi) Suit to set aside a decree obtained by fraud etc.
vii) Suit for arrears of rent.
viii) Suit for specific performance of a contract.
ix) Suit for possession of immovable property when plaintiff has been dispossessed.
x) Appeal under the Arbitration Act, 1940 to set aside an award (CJ-2020)
7. Write down the limitation period prescribed in the relevant law for the following
suits/appeals.
1. Suit under sec.9 of the Specific Relief Act, 1877.
2. Suit under summary procedure (sec. 128 (2)(f) C.P.C)
3. Suit for rescission of a contract.
4. Suit upon a foreign judgment.
5. Suit for which no period of limitation is provided elsewhere in this schedule.
6. Suit by a person excluded from joint family property to enforce a right to share
therein.
7. Appeal from a decree or order of a High Court in the exercise of its original
jurisdiction.
8. Discuss in detail the provision of sec.5 of the Limitation Act, 1908. (CJ-2020)
9. Explain in detail the principle i.e. when time has begun to run no subsequent disability
or inability to sue could stop it keeping in view the relevant statutory provisions of
Limitation Act, 1908 and principles laid down by the apex courts of Pakistan. (CJ-2022)
10. In light of the provisions of Limitation Act, 1908 please discuss whether the principle
of limitation shields the transaction having no legal effect or sanctity on account of
being suffered from legal infirmity or fraud? (CJ-2022)
11. Law of limitation merely extinguishes the remedy and not the right Explain and
discuss this statement with reference to the characteristics of the procedural and
substantive law and comment that whether law of Limitation is procedural or
substantive (CJ-2023)
12. Whether a void order is immune from the law of limitation. What are the
exceptions, explain. (CJ-2023)
13. Who, other than the owner of the premises, is entitled to invoke the jurisdiction of
the Rent Tribunal for the purposes of seeking the eviction of the tenant or payment of
rental payable. Analyse the statement in the context of definition of the 'landlord' in
section 2(d) of the Punjab Rented Premises Act 2009. (CJ-2023- FALL)
Write an order on the application for interim custody of the minor. (CJ 2017)
2. Are the alienations valid in the following instances:
(i) A Muhammedan mother appointed guardian by the Court sells house belonging to
her ward, with the Court's sanction. (CJ 2019)
(ii) (ii) A Muhammedan mother, the de facto guardian of her minor son, sells immovable
property belonging to her ward in order to pay off a pre-existing mortgage of the
property.
14. Debate over the duties of guardian of the person and guardian of property. (CJ-
2020)
15. Marriage between A and B was dissolved through a suit for Dissolution of Marriage
filed by A against B. A retains custody of the minor daughter born out of the wedlock.
After six months, A marries D. B on attaining knowledge of the said fact files a guardian
petition for obtaining custody of his minor daughter. During the proceedings, B proves
before the court that A has contracted marriage with a person not related to the minor.
(Note: B has not contracted his second marriage).
Talk through and discuss the fate of this guardian petition of B under the relevant law.
Jinnah Judicial Academy
302-Sadiq Centre, 35-Lytton Road, Lahore.03000047057
Civil Judge Past Paper 2017-2023F
Prepared by: Malik Zafar Khalil (Founder)
(CJ-2020)
5. Write a detailed note, supported with well celebrated judgments rendered by the
apex courts of Pakistan, concerning the procedure prescribed under the Guardians and
Wards Act, 1890 for appointment of guardian for the minor as well as rights and
obligations of the guardian so appointed thereof. (CJ-2022)
6. Discuss all grounds for the removal of a guardian given in / discussed in the Guardians
and Wards Act, 1890. (CJ-2022)
7. A marries B and has two children there from. A and B acquired foreign nationality and
children also acquired foreign nationality. A later divorced B. A along the children flew
to Lahore to meet her parents. A is settled in Lahore after divorcing B. A approached the
guardian 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
substantiate the factum of ordinary residency of the minors, A provided airline tickets
and pleaded entry endorsement at the Lahore Airport House of the parents of B is
within the territorial 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. (CJ 2023)
8. Whether subsequent marriage of the mother of the minor daughter would result in
mother's per se disqualification to claim custody on the premise that subsequent
husband, being stranger to the daughter, does not fall 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. (CJ 2023)
9. One wrong or unreasonable decision regarding grant of custody of the minor would
cause irreversible damage to the community. Discuss requisite qualifications and
disqualifications, in the context where other and father have competing claims for
guardianship, for adjudging cases for grant of custody, enunciated under the provisions
of Guardian & Wards Act 1890. (CJ-2023- FALL).
FAMILY LAW
1. Marriage between Abu Bakar and Rakhshanda solemnized in England. After few years
differences arose between the spouses and resultantly they started living separately in
England. Subsequently, Rakhshanda came to Lahore on 8th May,2017 and instituted suit
seeking decree for dissolution of marriage before the Family Court in Lahore. She also
authorized her brother through Special Power of Attorney to pursue the case on her
behalf before the Family Court. On 2nd June,2017 Rakhshanda left for England. Abu
Bakar through an application questioned the jurisdiction of the Family Court. Discuss
whether the objection of Abu Bakar is valid. (CJ-2017)
2. (a) If a Muslim male citizen of Pakistan is already married to a non- citizen Muslim,
can he marry another wife without getting consent of first wife? Explain (CJ-2019)
(b) You are working as a Judge of a Family Court. A suit for maintenance is presented
before you. On the date of the first appearance of the defendant you are required to fix
interim monthly maintenance for wife and children. Please write an interim order for
maintenance. (Note: In the order you can write down the facts and circumstances as
you wish) (CJ-2019)
3. Critically discuss and analyze the concept, procedure of Talaq laid down in the
relevant law and consequences of failure to give notice of Talaq to the Chairman of a
Union Council, meaning thereby what would be the effect if the husband while divorcing
failed to give any notice of Talaq to the Chairman in light of the rulings of the Superior
courts. (CJ 2020)
4. Define and discuss the following provision of West Pakistan Family Courts Act, 1964:
(i) Sec.9 (8)
(ii) Sec. 14
(iii) Sec. 10 and Sec.12 PART-V
(iv) Sec. 17-A (CJ 2020)
5. Elaborate all the grounds available under the law for Dissolution of Marriage.
(CJ 2020)
6. What factors are to be considered by the court in a suit for recovery of maintenance
allowance filed by the wife and children? Also, narrate the period of past maintenance
they are entitled to under the law of the land. (CJ 2020)
7. Write short notes on the following in view of the provisions of the Family Courts
Act, 1964:
c. Forum and limitation of appeal against the order passed by the Family Court;
(CJ 2022)
8. Please discuss the procedure prescribed under the Muslim Family Law Ordinance,
1961 for Talaq. Please opine: whether the woman while exercising delegated right of
divorce, is required to send a notice to the union council of a place where she resides or
to a union council where the marriage was registered as required under the relevant
statutory provisions of the Muslim Family Laws Ordinance, 1961 read with the rules
framed there under? (CJ 2022)
9. Whether the Family Court mandatorily requires to forthwith pass the decree of
dissolution of marriage, by way of Khula, when reconciliation fails without adverting to
or calling for the evidence despite cruelty was one of the grounds alleged for Khula
claimed. (CJ 2023)
10. 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 25A of
the Family Courts Act 1964 and rules framed thereunder. (CJ 2023)
11. Agreeing to the condition in Nikah Nama that in case of divorce the husband would
compensate the wife in monetary terms. Is such condition a clog on the right of divorce
or mere agreement to compensate by way of alimony. Discuss this proposition in the
context of Family Courts Act 1964.(CJ-2023- FALL)
12. A perfunctory/cursory effort on the part of Family Court to facilitate reconciliation
between the couples in fact encourages acrimony, affects welfare of the minor, and
otherwise burdens courts with ancillary claims and counter claims. Discuss the
significance and efficacy of 'pre-trial reconciliation' in terms of section 10 of the Family
Courts Act 1964. (CJ-2023- FALL)
13. Describe kinds of dower and explain with illustrations that which kind of dower
would become when payable. And what is the limitation for the recovery of each kind of
dower. (CJ-2023- FALL)
(vi) Landlord (vii) Final Order (viii) Tenant (ix) Rent (x) Rent registrar (CJ-2019)
5. Ahmad and Bilal (resondents No.1&2) preferred an ejectment petition in terms of
Section 15 of The Punjab Rented Premises Act, 2009 of relevant laws seeking eviction of
the petitioner(Ali) from the suit property on multiple grounds including expiry of
tenancy agreement. Ali moved an application for leave to contest wherein he asserted
that he paid Rs.30,00,000/- to the original landlord/owner as a "pagri" and no notice in
terms of Section 30 of "The Act,2009" has been issued to him by Ahmad and Bilal.
In light of the above-mentioned facts read with relevant provisions of law and
judgments laid down by superior courts, Can Ali claim the tenancy in perpetuity merely
as a premium on account of alleged payment of "pagri". (CJ-2020)
6. Define and elaborate the following.
1. Obligation of landlord
2. Obligation of tenant 3. Grounds of eviction 4. Leave to contest (CJ-2020)
7. Mr. X being owner of properties Nos. 1 to 9, upon which various commercial shops/
plazas are constructed to be known as Zoom Mart situated in District Khayber,
appointed Mr. Y as his special attorney vide duly registered Special Power of Attorney
dated 12.03.2021 whereby he authorized, and empowered the latter to let out the said
shops/ plazas on rent, after obtaining fresh rent agreements from the new or existing
tenants over all the shops/ plazas. Mr. X also authorized Mr. Y, if required, to institute
suit for the ejectment as well as recovery of the rents etc.
Mr. A and B hired two (2) shops on rent from Mr. Y as landlord and have executed
tenancy agreements both dated 12.05.2021 respectively. In this regard, Mr. Y moved an
application to the Rent Registrar, Khayber for registration/ incorporating the particulars
of the tenancy agreements in the relevant register as required under the statutory
provisions of Punjab Rent Premises Act, 2009. Mr. Y also requested the Rent Registrar,
Khayber for the return of the original tenancy agreements, after affixing the official seal
on the tenancy agreements by retaining the copies of each thereof but the Rent
tribunal/ Ex.Officio Rent Registrar, Khayber turned down the request and directed Mr. Y
to produce any sort of proof of ownership qua the property. (CJ-2022)
Keeping in view the above, please opine whether the Rent Tribunal established under
the Rented Premises Act, 2009 has any jurisdiction to function as a Rent Registrar and
power to require the person to submit title document before registration of the rent
agreements? (CJ-2022)
8. Discuss all legal aspects of the following in terms of the Punjab Rented Premises
Act, 2009.
b. Leave to contest
c. Appeal
7. A has rented its building to 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 to sell with B. Whether suit for
specific performance by C is maintainable or not before the Civil court. Discuss the issue
of maintainability of Civil Suit in the context of limitations, if any provided under the
provisions of the Punjab Rented Premises Act 2009 (CJ-2023)
PAPPER II
CIVIL LAW II
CPC
1. Write short notes on:
(i) Set off.
(ii) Interrogatories
(iii) Intermeddler
(iv) Interpleader suit.
(v) Interlocutory orders. (CJ 2017)
2. Akram being public servant performing his function in the establishment was allotted
an official residence. After six months he was transferred to field job and was served
upon with a notice to vacate the house but his children had to appear in the.
examination to be held after two weeks. However, under the transfer policy, he was
entitled to retain the house for three years. Along with plaint, application for grant of
temporary injunction was also filed.
In the light of above facts, frame the appropriate issues. (CJ 2017)
4. Discuss the merits and demerits of the current process for hearing cases in the civil
system of justice. (CJ 2019)
5. In a suit for breach of contract, 21st April, 2019 was fixed for evidence, which was
subsequently declared a holiday. The case was called and taken up the next day when
the plaintiff alone appeared. Orders were passed on 22nd April, 2019 that proceedings
be taken ex-parte and case was adjourned to 27th April, 2019. On that date the plaintiff
examined his witnesses and an ex-parte decree was passed in his favour. Whether the
proceedings conducted by the court are valid? Discuss. Also explain the remedies which
are available to the defendant against the said proceedings. (CJ 2019)
6. Enumerate all those particulars which are required to be stated in an application for
the execution of a decree? (CJ 2019)
7. A widow namely Kiran and her son Salman filed a suit for partition of property. The
property is situated at Pakpattan and Salman resides in Multan. The suit is filed in Civil
Court, Multan. Kiran challenged the Jurisdiction of the court asking the court to return
the plaint. The court however passes an order refusing the return and proceeds ahead
to entertain the suit. Now Kiran is aggrieved, what will be her possible remedies?
Discuss.
a. Can file a review in the same court?
b. Can directly appeal in the Supreme Court?
c. Can file a revision in the High Court?
d. Can prefer an appeal? (CJ 2020)
18. 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 XXI Rule 58 and Order XXI
Rule 103 differ. Explain with illustrations. (CJ 2023)
19. Whether the court to which precept is sent enjoys equal powers as the court, which
had passed the decree originally. If precept has been sent to Civil Court at Hyderabad by
the Civil Court at Lahore, where would the application under section 12(2) of Code of
Civil Procedure 1908 would lie, either before the Court at Lahore or Hyderabad. Support
your answer with reasoning. (CJ-2023- FALL)
20. Explain the term 'Guardian Ad Litem'. Whether the court, before whom lis is brought
involving minor, is competent to decide the dispute regarding factum of minority of the
minor. Discuss the effect of any decree passed, affecting the rights of the minor, without
the appointment of guardian, in the context of Order XXXII of Civil Procedure Code
1908. (CJ-2023- FALL)
21. Suits under Order XXXVII of the Civil Procedure Code 1908 envisages regular trail
after leave to appear and defend is granted, upon finding need to adjudicate triable
question(s). Whether assertion of denial of consideration by the defendant constitutes a
triable question of law, and on whom the onus lies to prove absence of consideration.
(CJ-2023- FALL)
22. Explain the scope of review, revision, appeal and 'second appeal, with illustrations.
Highlight the differences amongst each of the remedy mentioned above in the context
of relevant provisions of Civil Procedure Code 1908. (CJ-2023- FALL)
REVENUE
1. Write short notes on:
(i) Tenant
(ii) Estate
(iii) Village officer.
(iv) Assessment circle (^)Net assets. (CJ-2017)
2. Who may apply to a Revenue Officer for partition of share in the land and what are
the restrictions and limitations imposed upon partition of land? (CJ-2019)
3. Define the term "Arrears of Land Revenue" who determines the said amount and
what is the procedure for recovery of the said arrears. Discuss the relevant provisions of
law. (CJ-2020)
2. Record of Rights
3. Khasra Girdawari
4. Mutalim of Inheritance.
5. Gift (CJ-2020)
5. Exclusion of Jurisdiction of Civil courts in matters within the jurisdiction of Revenue
officers. Discuss. (CJ-2020)
6. Write short notes on:
1. Periodical records
2. Assessment of Land revenue
3. Appeal, Review and Revision
4. Village officers
5. Arbitration (CJ-2020)
7. Discuss in detail the procedure provided under the Punjab Land Revenue Act, 1967
with respect to the partition of land in following terms:
a. When and who is competent to apply to the concerned revenue officer for partition
of land and what is the procedure to be adopted by the concerned Revenue Officer on
the receipt of the application for partition?
b. What are the restrictions and limits in terms of partition of land imposed under the
Act?
c. How an application for partition is to be disposed of when question to the title of such
property as well as the mode of partition are raised?
d. What is the procedure prescribed under the Act with respect to the delivery of
possession of property allotted in proceedings for partition? (CJ-2022)
8. Define the following terms:
a) Assessment circle
b) Boundary mark
c) Encumbrance
d. Net assets
Rates and cesses (CJ-2022)
9. Explain and discuss the procedure prescribed under the West Pakistan Land Revenue
Rules, 1968 for the appointment of Headman, the essentials to be considered by the
appointing authority while making the said appointment and the grounds on the basis of
which Headman shall be removed/dismissed from such post. (CJ-2022)
10. Discuss in detail the duties of a Headman. 6A. (CJ-2022)
12. Whether the Office of Village Headman (Lambardar] is still effective and fulfils the
objectives envisaged while creating the office or an instrumentality for gaining self-
aggrandizement. Discuss this statement critically in the light of the expertise / criterion
prescribed in law for the appointment of Lambardar; and suggest measures to make
office of village headman objective, effective and meaningful. (CJ-2023)
13. What are 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 1967. (CJ-2023)
14. Discuss the procedure provided for partition of land under the provisions of Land
Revenue Act 1967, and what guiding principles must be adhered to while partitioning
the land. Is determination of question of title of holding amenable to the jurisdiction
exercisable by the Revenue officer. (CJ-2023- FALL)
15. Jurisdiction to demarcate the land vests with the Revenue Officer. What requisite
details must be provided in the application for seeking demarcation in terms of Rule 67-
A of Land Revenue Rules 1968. (CJ-2023- FALL)
3. Specific performance is a discretionary remedy in civil law. Explain the nature of this
remedy and discuss the conditions under which a court might exercise its discretion and
grant it for breach of contract. (CJ-2019)
4. Abdul Haq persuaded Shams to accept the post of Chief Accountant of his firm at
monthly salary of Rs.300,000/- with a definite prospect of becoming a Chief Financial
Officer of his firm at a monthly salary of Rs.900,000/-. On account of these assurances
Shams agreed and joined the firm on the 4th March, 2015. While working as Chief
Accountant he had to inform Abdul Haq of some irregularities committed by the
Manager of the firm, with the result that the Manager became inimical to him. The
Manager enlisted the support of other staff of the firm, for throwing Shams out of
service, and as a result through letter dated 4th April, 2019 his services were
terminated. It was mentioned in the letter that one month's salary (Rs.300,000/-) was
being paid in lieu of notice. Acting on this letter Shams handed over charge but did not
accept the sum of Rs.300,000/-, which was offered to him, but this amount was paid to
him subsequently by means of a money order. Shams sent a registered letter to Abdul
Haq saying that there was no justification for forcing him out of service but Abdul Haq
did not reply to his letter.
Shams now wishes to claim that his termination was void and he continued to hold the
post of Chief Accountant in the firm of Abdul Haq. Advise Shams. (CJ-2019)
5. Differentiate between perpetual and mandatory injunction. What are the pre-
requisite conditions for the grant or refusal of the same? Discuss in detail with reference
to the relevant provisions of law. (CJ-2020)
6. Explain in detail the categories of cases where injunction can be refused by the court.
(CJ-2020)
7. The Specific Relief Act. 1877 provides for two (2) subtle distinctive remedies; one in
form of suit for cancellation of a document, and second in form of a suit for declaration
of a document by virtue of its sections 39 and 42. The apex court while rendering
judgements on this aspect has numerously held that the crucial feature in terms of
opting for any of these remedies essentially is to determine that whether the document
in question is void or voidable.
Please discuss the meaning, object, purpose and legislative intent behind promulgating
sections 39 and 42 in Specific Relief Act, 1877 along with the case laws. (CJ-2022)
8. Discuss all instances/grounds for refusal of injunction given in section 56 of the
Specific Relief Act, 1877. (CJ-2022)
9. Explain difference in the character of the suits 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 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 maintainability or non-
maintainability of the suit, whatever the case may be. (CJ-2023)
10. A standard order to deposit balance amount of sale consideration cannot be
homogenously passed in every suit 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 to the institution of the suit. (CJ-2023)
11. What requisite conditions must exist and be pleaded for bringing suit for
cancellation of written instrument. What is a difference between suit for cancellation of
Instrument and recession of contract, in the context of provisions of Specific Relief Act
1877. (CJ-2023- FALL)
12. Which of the contracts are not specifically enforceable. Discuss in the context of
relevant provisions of Specific Relief Act 1877. (CJ-2023- FALL)
13. Discretion plays an important role in determining the success of the suits for specific
performance of agreements, relating to immovable properties. Kindly elaborate
principles regulating exercise of discretion by the court(s) in context of section 22 of the
Specific Relief Act 1877. (CJ-2023- FALL)
COURT FEE
1. What is law to claim refund of court fee paid on the plaint if the court below rejects
the same on any of the grounds provided in the C.P.C or case remanded in appeal under
Rule 23 Order XLI C.P.C? (CJ-2017)
2. Discuss all aspects of Sec.7(iv)(c) of The Court Fees Act, 1870. (CJ-2020)
3. Describe all category of uses giver. In Section 7 of the Court fee Act, 1870 along with
the mode of levying court fee. (CJ-2020)
4. Under section 7 of the Court Fees Act, 1870, how the court fee is to be calculated for
the following suits:
i) In suits for Money (including suits for damages or compensation, or arrears of
maintenance of annuities or of other sums payable periodically);
ii) In suit for Moveable Property; when the subject property has a market value and ne
market value;
iii) In suit seeking enforcement of a right of pre-emption;
iv) In suit seeking specific performance of a contract of sale, mortgage, contract of lease,
and of an award;
5. In suit to set aside an attachment of land or of an interest in land or revenue;
(CJ-2022)
6. Write short notes on the following:
a. What is meant by levy of court fee in terms of Ad valorem, on cost, and on mesne
profit?
b. Whether and when, a plaint can be rejected on account of deficiency in the payment
of court fees?
c. Define the term "multifarious suit" and explain the procedure/mechanism prescribed
under the law for levying/calculating of the court fee in a multifarious suit? (CJ-2022)
7. Define Ad Valorem Court Fee and explain with illustrations suits that require
affixation of Ad Valorem Court Fees to avoid objections of deficiency of court fee.
8. 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 to the Suit for declaration and suit for benami transactions how the court
fee would be computed (CJ-2023)
9. How Court Fees is determined in respect of following suit(s):-
a) Suit for money.
b) Suit for maintenance and annuities.
PAPER III
CRIMINAL LAW
PPC
1. Enumerate the PUNISHMENTS to which offenders are liable under Section 53 of P.P.C.
Is there any other punishment given in the statute not included in Section 53 P.P.C?
(CJ-2017)
2. Differentiate the scope and extent of offences committed under Sections 182 & 193
P.P.C. (CJ-2017)
3. Saleem under intoxication drove a bus in a zig-zag manner, causing accident at three
different points consecutively dashed against a moped rider causing injuries including
Shajjah-i-damighaih and Ghayr-jaifah munaqqilah, dashed against auto-rickshaw causing
damage to it and then hitting a grill and compound wall. Explain with reasons, what
offences have been committed? (CJ-2017)
4. "All criminal defences amount to the same thing. It is a defence to criminal liability if
the accused acts reasonably in the face of immediate crisis." Explain and evaluate this
statement by reference to the following criminal defences:
(a) Self-defence
(b) Duress
(c) Necessity (CJ-2019)
5. What reasons do you assign for the departure from the ordinary rule that a breach of
a contract forms the ground for a civil action only? (CJ-2019)
6. Arshad and Noor are colleagues who work at an art gallery. One day a valuable
painting goes missing and Arshad accuses Noor of stealing it. This is untrue. Noor is
outraged and picks up a bronze sculpture and hurls it at Arshad. In attempting to avoid
being struck by the sculpture Arshad strikes his head on an open door, suffering a
fracture of skull. Noor shouts, "you deserved that!", and storms out of the room. When
Arshad is found an hour later an ambulance is called. He is taken to hospital but is not
examined for several hours due to the hospital receptionist forgetting to log his arrival.
By the time doctor arrives Arshad has died. If he had been examined on arrival he would
have survived.
Discuss the criminal liability of Noor. How, if at all, would your answer differ if Arshad's
accusation was true? (CJ-2019)
7. Write short notes on the following:
(i) Falsus in uno falsus in omnibus
(iii) Commencement and continuance of the right of private defence of: (i) body & (ii)
property (CJ-2020)
10. Briefly discuss any five of the following:-
(CJ-2023- FALL)
Cr.P.C.
1. Discuss the procedure of trial in criminal courts. What irregularities can vitiate such
trial? (CJ-2017)
2. On 10-08-2017 at 11:00 a.m, Aslam and Zaheer armed with DANDAS entered in the
house of Kamal situated in Street No.10, Samanabad, Lahore. Zaheer outraged modesty
of Kamal's wife, namely, Zahida. He inflicted DANDA blows to Kamal hitting on his head
and leg. The medical officer observed the following injuries on his person.
i) Shajjah Khafifa
ii) Shajjah Ammah
iii) Ghair-e-Jaifa Mudihah
However, Aslam abetted the occurrence. Their names find mentioned in column No.3 of
report submitted under Section 173 C.P.C. (Cr.P.C)
Frame charge(s) on the basis of above facts. (CJ-2017)
3. On 01-05-2017 at 3:00 a.m, a robbery was committed in the house of Mehboob, who
on 10-05-2017 got recorded F.I.R under Section 392 P.P.C at Police Station Muslim
Town, Lahore against un-known accused. Later on, he got recorded supplementary
statement on 10-06-2017 and nominated Irhsad as accused. He (Irshad). was arrested
on 11-07-2017. During investigation robbed articles including jewelry, cell phone were
recovered but memo of identification was not prepared. He was not involved in any
other case. He is in jail and has applied for post arrest bail.
5. And can a magistrate pass a fresh order of supurdari if an earlier order regarding the
same is found by him to be based upon incorrect facts or unjust in the circumstances of
the case. (CJ-2019)
6. The rights of accused are given considerable protection under the Code of Criminal
Procedure, 1898. Discuss the extent to which you consider this to be an accurate
statement. (CJ-2019)
7. On 14th September, 2019 Aslam put in an application under Section 145 Cr.P.C.
stating that there was some dispute regarding land between him and Riaz and others,
who wanted to evict him forcibly, and the dispute was likely to cause the breach of
peace. That very day the Magistrate passed a preliminary order under sub-section (1) of
Section 145 Cr.P.C. After several adjournments, when the case was taken up on 10th
October, 2019, Aslam was found to be absent, and, accordingly Magistrate dismissed his
application in default.
Whether the order dismissing the application is valid? Express your opinion with
reasons. Also explain the remedies which are available to Aslam against this order. (CJ-
2019)
8. How proclamation for a person absconding is made? When and how property of
person absconding is attached? How the attached property can be restored? What is
the remedy provided if application for restoration of attached property is rejected? (CJ-
2020)
JJSO
1. What is law regarding arrest and bail of a juvenile? (CJ-2017)
2. When a juvenile court can release a child on probation? (CJ-2017)
(CJ-2017)
4. Write a comprehensive note on the juvenile justice system of Pakistan. Suggest
measures for the improvement of juvenile justice system of Pakistan. (CJ-2019)
6. Discuss report of probation officer, powers of Juvenile Court to order for release of a
juvenile, and the orders that cannot be passed with respect to a juvenile in the light of
sections 14, 15 & 16 of The Juvenile Justice System Act 2018. (CJ-2020)
7. Define the following terms as provided in the Juvenile Justice System Act 2018
POLICE ORDER
1. What are the responsibilities of police with regard to unclaimed property as discussed
in Chapter XV of the Police Order, 2002? (CJ-2022)
POLICE RULES
1. Write short notes on any two of the following:-
a) Books/registers to be maintained at each police station, mention any ten.
b) Action per Chapter XXIV of the Police Rules, 1934 to be taken at police station when
i) a non-cognizable offence is reported
ii) a report is doubtful
d) Arrest of women and arrest of sick or wounded person as provided in Chapter XXVI of
the Police Rules, 1934. (CJ-2022)
2. 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, whether
magistrate is bound to give notice to the complainant as per section 173 Cr. P.C. (CJ-
2023)
3. Write a note on followings;
i. A class, 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 (CJ-2023)
PAPER IV
GENERAL LAW
QSO
1. When the genuineness of a letter is in dispute, what are the various kinds of evidence
that may be laid before the Court to prove the hand writing? (CJ-2017)
2. State at least five principal classes of facts which have been declared to be relevant by
the Qanun-e-Shahadat, 1984. (CJ-2017)
3. "Identification evidence is often quite dangerous to rely on." Discuss this statement in
the light of Qanun-e-Shahadat, 1984. (CJ-2017)
4. When facts not otherwise relevant, become relevant? What facts are relevant-
(a) In suits for damages
(b) When the question is whether a particular act was done? (CJ-2019)
5. On whom does the burden of proof lie in the following cases? Give your reasons.
(a) Akbar accused of murder alleges that by reason of unsoundness of mind he did not
know the nature of the act.
(b) Arshad is charged with travelling on a Railway without a ticket. (CJ-2019)
6. "Primary evidence is required as a rule, but this is subject to seven important
exceptions". Explain. (CJ-2019)
7. Define hostile witness. What happens if someone is declared a hostile witness? Also,
describe modes of impeaching one's own witness. (CJ-2020)
8. The usage of technology in judicial proceedings can yield better results. Discuss, with
reference to provision of Qanoon-e-Shahadat 1984, if any. (CJ-2020)
9. Is it a valid excuse for a witness to make, when refusing to answer a question that
such answer will criminate him? Is there any exception to this rule, if yes, then how that
protection is to be claimed? (CJ-2020)
10. Write short notes on the following:
I. Communications During marriage
II. Professional communications
III. Confidential Communications with legal advisors Official communications (CJ-2022)
11. Discuss the object of Articles 144,145,146, 148 of the Qanoon-e-Shahadat, 1984.
(CJ-2022)
12. "The court of law should not leave themselves to the mercy of the parties, the
witnesses or the counsel but are required to actively participate in the proceedings to
determine the truth and the powers under Article 161 of Qanoon- e-shahadat. 1984
does not only empower the courts to adopt such a course of action but in fact oblige
them to do the same". Do you agree? (CJ-2022)
CONSTITUTION
1. Explain the significance of fundamental rights in the Constitution of the Islamic
Republic of Pakistan, 1973. Also describe the situation where the Constitution itself
provides for suspension of certain fundamental rights. (CJ-2017)
2. Explain different kinds of jurisdiction of the Supreme Court under the Constitution of
the Islamic Republic of Pakistan, 1973. (CJ-2017)
3. What is meant by "Judicial independence" and why is it thought to be essential to the
rule of law? (CJ-2019)
4. Write short notes on:
(a) Supreme Judicial Council.
(b) Council of Islamic Ideology.
(c) Council of Common Interests.
(d) National Economic Council.
5. (e) National Finance Commission. (CJ-2019)
6. Critically evaluate the role of the head of the government under the constitution of
Islamic Republic of Pakistan, 1973. (CJ-2020)
7. Provincial Autonomy is the long persisting demand of the smaller provinces in
Pakistan. In your opinion to what extent did the Constitutional (18th Amendment) Act,
2010, satisfy the said demand. (CJ-2020)
8. Explain the procedure to amend the constitution. Also, explain the importance of
basic feature doctrine in amending the constitution. (CJ-2022)
9. Discuss, the privileges and immunities of parliament and its members. (CJ-2022)
10. 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. (CJ-2023)
Jinnah Judicial Academy
302-Sadiq Centre, 35-Lytton Road, Lahore.03000047057
Civil Judge Past Paper 2017-2023F
Prepared by: Malik Zafar Khalil (Founder)
11. 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. (CJ-2023)
12. 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 role of the Courts in
defending such freedom. (CJ-2023)
13. Our Constitution provides for the proclamation of financial emergency in
terms of Article 235 of the Constitution of Pakistan. Highlight circumstances which
justify financial emergency. And discuss the measures prescribed therein and
effect thereof in the context of constitutional principle of provincial autonomy.
(CJ-2023-FALL)
14. Describe procedure / mechanism for amending the constitution in terms of
Article 239 of the Constitution of Pakistan. (CJ-2023-FALL)
15. A conflict between two constitutional principles of parliamentary sovereignty
and rule of law, if not resolved, would result in constitutional crisis. Critically
analyse statement in the context of principles embodied in Article 4 of the
Constitution of Pakistan. (CJ-2023-FALL)
16. Whether failure to hold general elections within the timelines prescribed in
the constitution tantamount to abrogation, subversion, and suspension of the
constitution of Pakistan, if so, discuss this statement in the context of scope of
Article 6 of the Constitution of Pakistan and indicate that which authority is
empowered under the constitution to provide for punishment for such
unconstitutional act, if it is so. (CJ-2023-FALL)
(CJ-2017)
2. Under what circumstances the Civil Court can appoint Receiver? Can interim Receiver
also be appointed by the Civil Court? (CJ-2017)
3. What are those important points which a Civil Judge should bear in mind while
granting succession certificate? Explain. (CJ-2019)
4. Write short notes on:
(i) Identification parade.
(ii) Remand to police custody. (CJ-2019)
5. Is a court obliged to award enhanced punishment to habitual offender, if not then
describe the exception(s). What is the procedure for magistrates not competent to
award enhanced punishment and when the magistrate cannot punish adequately? (CJ-
2020)
6. Vol. II Q.No.7. Give an account of rules/regulations prescribed by chapters 7-A, 7-B
vel. III-of RULES and ORDERS OF THE LAHORE HIGH COURT, LAHORE, regarding
9. In terms of High Court Rules & Orders [Part-G, Volume-1], 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
c) When documents produced are admitted and when documents are non-admitted.
d) Where plans are submitted, not admitted, and required to be proved.
e) conditions to be fulfilled before ordering production of public records (CJ-2023)
10. Explain the scope of instructions that could be issued to the Subordinate courts
regarding Court inspections according to the High Court Rules & Orders - (CJ-2023)
19. Explain the procedure provided for requiring production of documents or
certified copies in books of account from the Banks. What steps need to be taken
when documents required are not traced - Part-D of Chapter 5 of Volume-1 of
High Court Rules & Orders. (CJ-2023-FALL)
16. 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. . (CJ-2023)
17. Is it lawful for a Civil Judge to act as District Court for the purposes of appeal(s)
preferred against the decree / order passed in any original suit by any Civil Judge.
Discuss in the context of provisions of Punjab Civil Courts Ordinance 1962. (CJ-
2023-FALL)