Law Past Papers 2009

Q.1. Select the best option/answer and fill in the appropriate box on the Answer Sheet. (20)

(i) “Mesne Profits” of property means the profits:
(a) received by a mortgagee from the mortgaged property
(b) received by the person in wrongful possession from the property wrongfully possessed by him
(c) received by a bailee during the period the property was in his possession under the contract of
bailment
(d) None of these

(ii) A suit for the recovery of an immovable property should be filed in the court within local limits of
whose jurisdiction the:
(a) plaintiff resides (b) cause of action has arisen
(c) defendant resides (d) None of these

(iii) A filed a suit against B for the recovery of price of the cow he sold to B. In reaction to such suit B
filed a suit against A for the recovery of the price of the cow he paid to A. The B’s suit can be
termed as:
(a) Interpleader suit (b) Counter Claim
(c) Set-off (d) None of these

(iv) A minor can sue through his:
(a) Guardian (b) Next Friend
(c) Guardian ad litem (d) None of these

(v) Which of the following modes of execution of a decree for restitution of conjugal rights is not
lawful:
(a) attachment of immovable property (b) attachment movable property
(c) forcibly taking the wife to her husband’s house (d) None of these

(vi) A suit for compensation for wrongs to movable property should be filed in the court within the
local limits of whose jurisdiction:
(a) the wrong was done (b) the defendant resides
(c) either (a) or (b) (d) None of these

(vii) A minor can be sued through his:
(a) Guardian (b) Next Friend
(c) Guardian ad litem (d) None of these

(viii) Jamal, a 17 years old millionaire and thus a minor under the law, agrees to buy Bilal’s house for
“a reasonable price.” They reduce the agreement to writing and both sign. Bilal and Jamal have:
(a) a valid contract (b) a voidable contract
(c) no contract (d) None of these

(ix) Salim, a 14 years old, offers to cut Shahid’s grass for Rs.400/-. Shahid replies “If you include
some hedge trimming I accept.” Salim walks away. Shahid then says, “never mind, I accept for
Rs.400/-.” Salim keeps walking. There is:
(a) an oral contract at Rs. 400/- (b) a voidable contract
(c) an offer from Shahid (d) None of these

(x) Salman states to Jamal who is only 16 years old “I would not sell my car for less than Rs.5,000/-.”
Jamal says, “I accept.” Under the Contract Act:
(a) there is an offer and acceptance and thus a valid contract
(b) the contract is voidable on the option of Jamal
(c) there is no contract (d) None of these

 

(xi) Noman offers to sell his car to Sardar for Rs.200,000/-. Sardar says “Is that negotiable?” Noman
says “No.” Sardar then says, “Well, I’ll take it for Rs. 200,000/-.” What has happened?
(a) Sardar has accepted Noman’s offer
(b) Sardar has made a new offer
(c) Sardar has rejected Noman’s offer under the mirror image rule
(d) None of these

(xii) A and B are negotiating over the price of a used car. A tells B that he can purchased the car for
Rs.400,000/-. B tells A that “I agree if you replace the tyres.” Which of the following statements
is correct?
(a) B’s acceptance is qualified and incomplete (b) B has made a counter offer
(c) B has made A conditional acceptance (d) None of these

(xiii) When an offer can only be accepted by the performance of the person to whom the offer is made,
is characteristic of:
(a) bilateral contracts (b) quasi contracts
(c) implied contracts (d) None of these

(xiv) Kala Khan offers to sell Baboo Bashir his motorcycle at some time in the future. Baboo Bashir
accepts. Is there a valid contract?
(a) probably not, the terms are not definite (b) Probably so
(c) definitely not because the acceptance was invalid (d) None of these

(xv) In a tort which is actionable per se the plaintiff has to prove:
(a) the commission of the tortous act as well as resulting damage
(b) the commission of the tortous act only
(c) the commission of the tortous act resulting damage and ill-well on the part of the defendant
(d) None of these

(xvi) Injuria Sine Damnum means:
(a) damage without infringement of a legal right (b) Infringement of a legal right only
(c) Infringement of a legal right without any damage (d) None of these

(xvii) Publication of a verbal defamatory statement necessitates that it should have been:
(a) repeated in a gathering of 10% (b) published in a national news paper
(c) known to a third person (d) None of these

(xviii) Under the rule of Vicarious Liability:
(a) a company is liable for the wrongful acts of its directors
(b) only a master is liable for the wrongful acts of his servant
(c) both A & B
(d) None of these

(xix) Which of the following is not a remedy in an action for tort?
(a) Injunction (b) fine
(c) damage (d) None of these

(xx) A right in personum is the right which is?
(a) available against the world at large (b) not available against a particular individual
(c) not the creation of a contract (d) None of these

 

Q.2. In which of the following circumstances a High Court cannot call for the record of a case for
Revision, which has been decided by a subordinate court? (16)
(a) Where the subordinate court has failed to exercise a jurisdiction vested in it?
(b) Where the subordinate court has exercised a jurisdiction not vested in it?
(c) Where the subordinate court has exercised a jurisdiction not vested in it and one of the parties to
that case who has a right of appeal has failed to prefer an appeal?
(d) Where the subordinate court has acted in the exercise of a jurisdiction vested in it illegally are
with material irregularity?

Q.3. Discuss and differentiate between res judicata and unilateral res-subjudice by giving examples. (16)

 

Q.4. Which of the following of a ground for appeal to the High Court from a decree passed in appeal by a
District Court? (16)
(a) the decision of the District Court being contrary to the procedure provided by the Civil Court
Ordinance (II of 1962);
(b) the District Court having exercised a jurisdiction not vested in it;
(c) the decision of the District Court being contrary to the procedure provided by the Code of Civil
Procedure (V of 1908);
(d) All of the above.

 

Q.5. One evening while shifting through your “junk mail”, you see an advertisement in a catalogue
distributed by the local computer store advertising a pocket PC that you wish to buy. The PC usually
sells for Rs.30,000/-, but the catalogue price is Rs.20,000/-. Next morning you go to the store with
Rs.20,000/- to buy the PC, where you are told that the price in the catalogue is wrong, but you can
buy it for Rs.30,000/-. Can not you insist to buy the PC for Rs.20,000/-? Why or why not? Discuss
in detail by referring to the relevant provisions of law. (16)

Q.6. Discuss and differentiate between bilateral and unilateral contract by giving examples. (16)

Q.7. At a meeting of coin collectors, Sulman offers his entire coin collection to Bilal for Rs.25,000/-. Bilal,
a more wise collector than Salman, knows that the collection is really worth about Rs.40,000/-. The
next day, Bilal posts a letter to Salman accepting the offer, enclosing a Bank cheque for Rs.25,000/-.
That evening, Bilal received a phone call from Sulman, saying that the offer to sell the collection for
Rs.25,000/- was withdrawn. Bilal replied “You cannot revoke your offer! I have already accepted it. I
posted you a Bank cheque Rs.25,000/- at 2 o’clock this afternoon.” Salman then told Bilal that he had
already sold the collection to another collector for Rs.30,000/-. Can Bilal sue Slaman? Why or why
not? Discuss in detail by referring to the relevant provisions of law. (16)

 

Q.8. The “Sach Khabrain” is a programme of political comment and news produced by National Cables, a
private television company that broadcasts weekly. Last week’s programme included a feature on
Raja Farman an MPA of Lunda Mastan, a rural constituency in the west of Punjab. The feature
consisted of a short ‘news-item’ read by a presenter as follows:
“And now startling news of Raja Farman MPA! Lunda Mastan police have
confirmed that they have interviewed Raja Farman in connection with allegations
of un-lawful stocking of wheat on his farm. Raja Farman was last night
unavailable for comment”
Global Cables have now received a letter from Raja Farman’s lawyer stating that he intends to bring
an action for defamation. The letter points out that while the police had indeed interviewed Raja
Farman in connection with an un-lawful stocking of wheat on his farm, the subject of the
investigation had been one of Raja Farman’s employees, not the MPA himself, and no charges had
been brought. Advise those responsible for the broadcast. (16)

Q.9. Discuss and differentiate between torts actionable per se and torts which are not actionable per se by
giving examples? (16)
Q.10.Dildar is trying to sell mobile phones and offers a free gift for those who attend his presentations.
Shamshad and Noshad decide to go to attend the presentation. The invitation to the show states that
‘all guests are respectfully required to remain in the seminar room for the entire presentation’. Half
way through the show Shamshad tries to leave the room but is told that he cannot leave until the end.
Noshad is happy with the show but is offended when he later learns that he could not have left if he
had wanted to.
Meanwhile Dildar jokingly slaps Shamshad on the shoulder telling him that he really will enjoy
himself if he stays. Shamshad calls Dildar a corrupt cheat and laughs towards him. Dildar retaliates by
hitting Shamshad and then locking him in a storeroom until the end of the show.
On being released Shamshad grabs his free gift (which has his name on it) but Dildar grabs it back
saying that Shamshad cannot have it until he apologizes.
Discuss the liabilities of Dildar and Shamshad.

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DERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR
RECRUITMENT TO POSTS IN BPS-17 UNDER
THE FEDERAL GOVERNMENT, 2009

Q.1. Select the best option/answer and fill in the appropriate box on the Answer Sheet. (20)

(i) Non-Cognizable Offence is:
(a) an offence in which a police officer can arrest without warrant
(b) an offence in which a police officer cannot arrest without warrant
(c) an offence in which a police officer cannot arrest an accused person
(d) None of these

(ii) A Justice of Peace appointed under the Code of Criminal Procedure (V of 1898) for the purpose
of making an arrest has the power of:
(a) a Magistrate (b) a Judicial Magistrate
(c) a Police Officer (d) None of these

(iii) A Magistrate First Class can tray:
(a) all offences punishable with death (b) all offences not punishable with death
(c) all offences punishable with imprisonment of 6 montths (d) None of these

(iv) A police officer is bound to bring a person arrested by him before the court:
(a) within 24 hours (b) within 36 hours
(c) as soon as possible (d) None of these

(v) A person convicted on a trial held by an Additional Sessions Judge may appeal to:
(a) the Sessions Judge (b) the High Court
(c) the Supreme Court (d) None of these

(vi) After a charge has been framed against an accused person, he may be:
(a) discharged (b) acquitted
(c) either (a) or (b) (d) None of these

(vii) A Cognizable Offence is:
(a) an offence in which a police officer can arrest without warrant
(b) an offence in which a police officer cannot arrest without warrant
(c) an offence in which a police officer cannot arrest an accused person
(d) None of these

(viii) A was driving at a normal speed on a highway. Suddenly a child ran before his car to cross the
road. A could not stopped and, consequently, the boy was killed. He should be prosecuted for:
(a) Murder (b) Negligence
(c) Culpable Homicide (d) None of these

(ix) A saw an armed person entering his house in the mid-night who abruptly opened fire on A. A also
opened fire on him and killed him. He has committed:
(a) Murder (b) Culpable Homicide
(c) Negligence (d) None of these

(x) An anonymous person informed A, a very wealthy smuggler of wheat, on telephone that his minor
son was in his custody and if A does not donate Rs.500,000/- to the local “sateemkhana” he
would break his son’s legs. The caller committed which of the following offence:
(a) no offence (b) Kidnap (c) Extortion (d) None of these

(xi) When five or more persons, by fighting in a football ground, disturb the public peace, they are
said to commit the following offence:
(a) Affray (b) Rioting (c) Unlawful Assembly (d) None of these

(xii) When five or more persons armed with deadly weapons, enter some ones house, they are said to
commit the following offence:
(a) Affray (b) Rioting (c) Criminal Trespass (d) None of these

 

(xiii) A private person may arrest another person, who in his view has committed a:
(a) non-bailable offence (b) cognizable offence (c) both (a) & (b) (d) None of these

(xiv) A warrant of arrest must be issued by:
(a) an A.S.P. of Police (b) the Home Secretary
(c) the presiding judge of the court issuing the warrant (d) None of these

(xv) A lunatic who is not prevented by his lunacy from understanding the questions put to him is:
(a) a competent witness
(b) is not a competent witness
(c) is not a competent witness if has not attained the age of majority
(d) None of these

(xvi) A person who has been convicted for perjury is:
(a) is not a competent if has not attained the age of majority
(b) a competent witness
(c) a competent witness provided the court is satisfied that he had repented and mended his ways
(d) None of these

(xvii) In which of the following an accomplice is not a competent witness:
(a) offences punishable with death (b) offences punishable with hadd
(c) offences punishable with confiscation of property (d) None of these

(xviii) In criminal cases previous good character is:
(a) irrelevant
(b) relevant
(c) relevant if proved with oath
(d) None of these

(xix) In criminal cases previous bad character is:
(a) irrelevant
(b) relevant
(c) relevant only when accused provides evidence of his good character
(d) None of these

(xx) The contents of a document may be proved?
(a) only by primary evidence (b) by primary as well as secondary evidence
(c) only by secondary evidence (d) None of these

 

Q.2. Imam Bakhsh against whom a trial for theft was going on once went to the mosque of the local Police
line for reading zuhar prayer. The imam of the mosque, Rahmat Ullah Shah, was a very kind and
pious person. Imam Bakhsh while talking to the imam sahib confessed that he had committed the
theft. Is the confession relevant? Why or why not? Discuss in details: (16)

Q.3. Discuss and differentiate between Admission and unilateral confession by giving examples. (16)

Q.4. Briefly state the cases in which secondary evidence relating to documents may be given.

 

Q.5. A, an accused of murder, was convicted to death sentence by a Session Judge. When the judgment of
the Session Judge was submitted to the High Court for confirmation the High Court annulled the
judgment of the Session Judge and sentenced the accused to 14 years rigorous imprisonment. Is the
High Court empowered to do so? Why or why not? Discuss in details by referring to the
relevant provisions of the Code of Criminal Procedure. (16)

Q.6. Discuss and differentiate between F.I.R. and Complaint by giving examples.

 

 

Q.7. Suppose you are a Session Judge, who has sentenced an accused person to the death sentence. The
death sentenced has been got confirmed by the High Court and the warrant of the execution of the
sentence has properly been issued. One day before the execution of the sentence the family of the
accused as well as of the deceased person file an application in your court informing that they have
entered a compromise and they request that the death sentence should be annulled. Are you, as a
Session Judge empowered to annul the sentence? Why or why not? Discuss in detail by
referring to the relevant provisions of Code of Criminal Procedure.

 

Q.8. Salamat Khan, who was invited by his close friend, Sharafat Khan to a dinner had about three glasses
of lasi. Just to play a joke with Salamat Khan his friend Sharafat Khan had secretly mixed in the lasi
some locally made wine. In result of drinking that lasi Salamat Khan was fully under the effect of that
intoxicant. While he was walking back to his locality late in night he severely needed some cigarettes
but unfortunately the shops were closed. In the way he found a super store and he expected to find
some cigarettes there. Since it was late in night and there was no body around, therefore, he smashed
the window and picked a box of Gold Leaf. But unfortunately while he was getting out of the store a
police patrol party arrested him. Salamat Khan has committed: (16)

(a) Trespass only.
(b) Theft plus Trespass
(c) Decoity only
(d) No offence

Q.9. Discuss and differentiate between Wrongful Restraint and Wrongful Confinement and by giving
examples. (16)

Q.10.A, who was in a severe need of money, waited in an alley until another person, B walked by on the
street. Then, stepping out of the alley, he stuck his hand in his pocket with his finger thrust forward
and said, “I’ve got a gun in this pocket.” Snatching B’s purse with his other hand, he ran away
because B thought that he had a gun, he did not attempt to stop him. Select the offence of which A is
most likely to be properly convicted. (16)

(a) Cheating
(b) Decoity
(c) Robbery
(d) Extortion
Which of the above statement is correct support your choice with arguments and state the
relevant principal of law.

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