NOTE: Attempt SIX questions in all, including question No. 9 which is COMPULSORY and carries 20 marks. All other questions carry EQUAL marks i.e. 16 each. Attempt at least one question from each of the parts.
PART – “A” (CIVIL PROCEDURE CODE)
1. “The Doctrine of Resjudicate is of Universal application and a fundamental concept in the organization of every jural society.” Comment. Also quote the relevant provisions.
2. “The worries of the Decree Holder start after he obtains the decree.” Elucidate.
3. Write notes on:
(a) Principles of Natural justice
(b) Review as enshrined in the provision of C.P.C.
PART – “B” (CONTACT ACT)
4. “Fraud vitiates most solemn proceedings.” Elucidate.
5. When time is of the essence of the Contract? Give examples.
6. Write short notes on:
(a) Doctrine of frustration
(b) Contingent Contract
PART – “C” (LAW OF TORT)
7. Quote four pleas which may be taken as defence against an action for Torts.
8. Write notes on:
(a) Quasi judicial acts
(b) Joint tort feasors
9. Write only the correct answer in the Answer Book. Do not reproduce the questions.
(1) Can a party file a fresh suit on the subject matter in respect of which earlier suit was withdrawn:
(c) Yes if the earlier suit was withdrawn with permission of the court.
(2) The provisions of law ousting jurisdiction of a court should be construed:
(c) According to facts of a case
(d) None of these
(3) Are the right to take out procession or the right of franchise of civil nature permissible/ accepted:
(c) Yes, the right of franchise but not the right to take out procession
(d) Yes, not the right to take out procession but not the right of franchise
(4) A reside at Murree, B at Lahore and C at Karachi. They all get together at Bahawalpur. B and C make a joint promissory note payable on demand and deliver it to A with leave of the court. A many sue B and C at:
(a) Murree only
(b) Lahore only
(c) Karachi only
(d) Murree, Lahore and Karachi
(e) Bahawalpur or Lahore or Karachi
(5) The code of civil procedure is:
(a) Act V of 1908
(b) Act IV of 1908
(c) Act V of 1912
(d) Act I of 1930
(6) Are the following properties liable to attachment and sale in execution of a decree.
(a) Fully salary
(b) Cooking vessels
(7) An injunction in respect of collection of Public revenues ceases to have effect on the expiry of:
(a) Three months
(b) Six months
(c) One year
(8) The court may at any time before passing a decree amend the issue or frame additional issues:
(9) A premises to obtain for B an employment in the public service and B promises to pay ten thousand rupees to A. is the agreement void?
(10) A delivers a rough diamond to B, a jeweler, to be cut and polished which is accordingly done. Is B entitled to retain the Diamond?
(a) Yes till he is paid for the services he has rendered
(b) No he has to return the diamond and claim only remuneration.
(11) A promises to deliver goods at B’s Warehouse on the first July. On that day A brings the goods to B’s warehouse but after the usual hour for closing it, and they are not received. Has A performed the promise?
(12) Which of the statement is correct?
(a) A contract may be express only
(b) It may be express or implied or of mixed character
(13) Can a Minor enter into a lawful contract to which the other contracting party does not object?
(b) No being void ab initio
(14) When consent to an agreement is caused by coercion, the agreement is a contract”
(a) Void ab-initio
(b) Voidable at the option of the other party
(15) The remedies available to a person for nuisance are:
(a) Abatement, damages and injunction
(b) Only damages
(c) Only injunctions
(16) During a cricket match in an open ground a batsman hits a ball which injured the plaintiff standing on the Highway road. The plaintiff brought an action for damages. Is the cricket ball liable?
(b) No, being a case of contributory negligence
(c) None of these
(17) Damnum Sine Inuria means:
(a) Damage without infringement of any legal right
(b) Damage and infringement of any legal right
(18) IS the employer liable for the negligent act of a contractor?
(a) Yes where there is an implied warranty by the employer
(19) One of the distinguishing features between libel and Slander is that:
(a) Libel is written defamation while Slander is spoken defamation.
(b) Libel is spoken defamation and Slander is written defamation.
(20) Is it correct that a civil injury for which an action will not lie is not a tort?
(b) No, infliction of all civil injury is tort.