LAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER-I, CRIMINAL LAW-I TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 NOTE: (i) Attempt FIVE questions selecting ONE from each Part. (ii) All questions carry equal marks PART-I Q.No.1 Define mischief. Discuss the provisions regarding mischief detailed in Chapter XVII of the Pakistan Penal Code Q.No.2 Ifa man is attacked, he need not run away and he would be perfectly justified in the eyes of law if he holds his ground and makes a counter attack, of course, subject to legal restrictions. Explain the right of private defence of the body with specific reference to the factors listed below: () —Pre-conditions (i) Against whom arises (i) Commencement / end of right (iv) Extent of right (v) Burden of proof (vi) Duty of Court, if self defence specifically pleaded PART-II QNo.3 Give a detailed account of punishments prescried by the Anti-Terrorism Act, 1997 for the following: @ ‘Absconder (ii) Defective investigation (ii) False implication (iv) For offences under Section 11H to 11K wv) For terrorist act before this Act Q.No.4 What orders may be made and measures may be taken by 2 Court constituted under the Anti-Terrorism Act, 1997 for the protection of Judges, Prosecutors, witnesses and the persons connected with the Court proceedings?Q.No.5 Q.No.6 Q.No.7 Q.No.8 Q.No.3 Q.No.10 PART-II Give a detailed account of prohibitions embodied in the Control of Narcotic Substances Act,1997, Is Chemical Examiner or Assistant Chemical Examiner considered as Government Analyst? To what extent report signed by a Government Analyst is admissible without formal proof and conclusive? What law has been laid down by the Hon'ble Supreme Court of Pakistan in a recent judgment titled The State through Regional Director ANF Vs. Imam Bakhsh and others (2018 SCMR 2039)? PART-V Enumerate the sources of Diyat, Arsh and Daman Fund. How the fund is managed, controlled and disbursed? How a convict can be facilitated for the return of soft loan or amount of Diyat, Arsh and Daman and can he be released on part payment of the said amount, if yes, then describe the procedure. PART-V What was the prime object of the |llegal Dispossession Act,2006 ? Is there any shortcoming in it? If so, discuss. The provisions of the Code of Criminal Procedure, 1898 are applicable to the proceedings under the Illegal Dispossession Act,2005 but subject to the general scheme of the Act, which is special law with special modes of procedure. Discuss.LAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER-II, CRIMINAL LAW-II TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 NOTE: Q.No.1 {i) Q.No.1 is compulsory. (ii) Attempt FOUR questions selecting ONE from each Part. Alll questions carry equal marks The prosecution through convincing evidence proved following facts: (i) That on 30-03-2019 at 5:30 p.m a raiding party headed by Zahid Mahmood, Inspector (PW3) recovered 2kg charas wrapped in two packets weighing 1kg each from a shopper held by the accused, namely, Farman. (ii) That the occurrence took place in the area of chowk Gawalmandi, Lahore. (iii) That Zahid Mahmood (PW) seized the contraband charas and separated 50 grams from each packets and prepared two sealed parcels and secured the remaining bulk into another sealed parcel vide recovery memo (EXPA) attested by the witnesses, namely, Ghulam Abbas (PW-4) and Shaukat All (given up P.W) (iv) That the site plan of the place of occurrence (EXPB) was also prepared by (PW-3) showing the presence of accused with shopping bag at Point A and presence of witnesses at Point B. (v) That Zahid Mahmood also drafted a complaint (EXPC) and dispatched the same to the Police Station for registration of F.l.R. (EXPC/1) through Alam Sher (PW-5). (vi) That the investigation of the case was entrusted to Mehr Javed, S.1 (PW-8) ‘who visited the place of occurrence and received accused, case property and other documents from PW.-3. He recorded statements of witnesses at the spot. (vii) That on his retum to Police Station PW-6 handed over accused and case property to Karam Dad, Moharrar PW-1, on the same day. (viii) That PW-1 handed over two sealed parcels (representative sample) to Muhammad Ameen PW-2, on 03-04-2079 for onward transmission to the Punjab Forensic Science Agency and deposited by PW-2 in the said Agency, ‘on the same day, intact. also appended therewith. (x) That at trial all the PWs fully supported the prosecution story. However, minor discrepancies in their statements were not fatal to prosecution. (xi) That in his statement recorded under section 342 Cr.P.C, the accused pleaded false implication on account of enmity with Police. He neither appeared as his ‘own witness under section 340 (2) Cr.P.C nor produced some evidence in his defence, thus, failed to prove his plea. Please write judgement of conviction giving reasons. What could be respective contentions of the learned counsel for the parties, in view of above facts, also incorporate in the judgment. NOTE: The judgment should be precise and concise but should reflect the analytical evaluation of the evidence and capability to apply correct law and legal principles. That the Investigating Officer recorded their statements under section 164 CrP.C and after observing formalities submitted report under section 173 CrP.C. A valid (positive) report of the Forensic Science Agency (EXPD) wasQ.No.2 Q.No.3 Q.No.4 Q.No.5 Q.No.6 Q.No.7 QNo.8 Q.No.9 PART-1 Enumerate all the ordinary powers of a Magistrate 1 Class mentioned in Part-lll, Schedule Ill to the Code of Criminal Procedure, 1898. If the accused does not plead guilty or the Court in its discretion does not convict him on his plea, then what mode is provided ty the Code of Criminal Procedure, 1898 for recording/taking evidence and under what circumstances a Court can record evidence in absence of accused? PART-II Define and distinguish suicidal and homicidal wound? What are favourite sites of suicidal fire-arm wounds? Discuss. Define and explain the following: Wound Slash wound Stab wound ‘Chop wound Firearm wound Lacerated wound Abrasion Bruise Haematoma Perforated wound PART-II What is law regarding arrest and bail of a juvenile under the Juvenile Justice System Ordinance, 2000 or the Juvenile Justice System Act,2018? What are the salient features of the lew of Juvenile Justice System in Pakistan? PART-IV Write short notes on the following: (i) Data 0) Traffic data (ii) Plain version (iv) Interpol () Unauthorized access (i) Discuss and differentiate between Electronic fraud and Electronic forgery. (ii) What are powers of the Investigation Officer under the Prevention of Electronic Crimes Ordinance, 20097LAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER-II, CIVIL LAW-I TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 NOTE: (i) Attempt ONE question from each PART and question No, 3 is compulsory. All questions carry equal marks PART. Q.No.1 Explain the criteria that need to be satisfied for a restraint of trade and legal proceedings clauses (or restrictive covenant) to be legally enforceable. Q.No.2 Where a party suffers from a breach of contract, it is entitied to claim for all losses that result from if. Evaluate the legal validity of this statement. PART-II Q.No.3 In May, 2002 Mst. Rani was married to’ Bahadar. Ali was born to them efter a year of their marriage. Unfortunately, the relations between the husband and the wife had become strained and according to Mst. Reni she was deserted by her husband. In order to provide future maintenance for her and her son Ali, Lal Din, father of Bahadar, on 26" December, 2003 created a charge by registered deed on his shop and on its rent to the extent of Rs.50,000/- per mensem——Rs.30,000/- per month for Mst. Rani and Rs.20,000i- for Ali. On 15" January, 2005 he also executed a general power of attorney in favour of Mst. Rani for realizing the rents of the shop, on the basis of which she started realizing the same. In August, 2005 Lal Din died and after his death, Bahadar and his mother Mst. Abida started interfering with the realization of the rents and asserted their own rights to the rent of the shop. Thereupon, the suit was brought in 2006 by Ali and Mst. Rani for the grant of a permanent injunction restraining Bahadar and his mother Mst. Abida from claiming, receiving or recovering the rents from the tenants of the shop. An injunction was also claimed against tenants restraining them from paying rents to Bahader and Mst. Abida. Whether on the basis of above stated facts a decree can be issued in favour of All and Mst. Rani Express your opinion with reasons? PAR’ Q.No.6 Muhammad Din on the persuasion and active participation of Abdul Latif purchased 200 kanals agricultural land through a sale deed. Abdul Lati’s son, Ali has a superior right of pre-emption but he is minor. Ali will attain the age of majority after three months. ‘Whether Ali can enforce his right of pre-emption? If so, when and how? Q.No.6 (2) Aslam obtained a decree against Zulfiqar in 2000. Aslam died in 2002 leaving minor son Akbar who attained majority and applied for execution in 2009. Is his application within time by reason of his privilege of minority? (b) Please enumerate any ten suits for which period of limitation is one year under the Limitation Act, 1808.QNo7 No.8 Q.No.9 Q.No.10 PART-V The minors were residing with the father at Rawalpindi and were being maintained by him. The father while proceeding abroad on a short visit arranged for the education of the children in school at Rawalpind: and entrusted the task of looking after them to his brother. The children were staying/in School and expenditure therefor was regularly being met by the father even when he was abroad. In his absence the children were Temoved and got admitted in school at Lahore by the matemal grand-mother against the wishes of the father who took exception to this action. The maternal grand-mother then filed an application in the Dist‘ict Court at Lahore for being appointed, a guardian of the persons of minors. The father on his retum to Pakistan took objection to the jurisdiction of Lahore Court and also filed an application under Section 25 of the Guardian and Wards Act, 1890 ai Rawalpindi pleading that the minors had, in his absence, been removed from his custody in a clandestine manner from Rawalpindi He made efforts to get the proceedings stayed at Lahore but the Lahore Court allowed the application of the maternal grand-mether. ‘Whether decision of the Lahore Court is valid? Express your opinion with reasons. Naveed married to Mehwish and from this wedlock Abdullah was born on 16" November, 2017. Subsequently, Naveed divorced Mehwish on 1" January, 2018. Mehwish on 3% March, 2018 instituted a suit for recovery of maintenance allowance @ Rs.20,000/- for herself as well.as for her suckling minor son, Abdullah. Naveed contested the suit to the extent of maintenance allowance of Mehwish. Discuss ‘whether the objection of Naveed is valid. PART-V City Today is a newspaper with @ wide circulation. One day it ran a front page story “Lawyer feared to have absconded with clients’ funds". There was also a photo of the front of an office bearing the name “Khalida & Co.” next to the story. The newspaper published the article based on infarmation given by a caller to its landiine but it did not verify the facts. Later, it found thet it had made a mistake and immediately published an apology. The sole proprietor of the firm Khalida was pregnant during this period. ‘She was depressed and this led ts a pre-term delivery. ‘Whether Khalida may bring an action for defamation against City Today? What defence, if any, might City Today assert, and what is the likely result? Discuss. Aslam filed an application for eviction of Javaid from the rented premises. The Notice was served upon Javaid. While coming to the Rent Tribunal for presenting application for leave to contest the left arm of Javaid got fractured in a road accident. He was admitted to hospital. He was discharged from the hospital after fiteen days. Immediately upon discharge, he dled an application for leave to contest denying the relationship of landlord and tenart. Javaid also filed an application for condonation of delay, Write order deciding the said two applications with reasons.LAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER-IV, CIVIL LAW-I TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 NOTE: (i) Attempt FIVE questions selecting ONE each from PART-I, Il & Ill and TWO from Part-IV. (ii) All questions carry equal marks PART-1 Explain the powers which a Court may exercise suo moto under the Code of Civil Procedure, 1908. Q.No.1 QNo.2 ‘What are the “material facts” and “material particulars” which are required to be stated in a plaint of the suit for specific performance of agreement? Also explain the consequences of failure to plead even a single “material fact’. PART-II. Q.No.3 Do you think that recording of evidence through Audio-Video Link is a safe method for dispensing justice? Express your opinion with reasons When a document which is required by law to be attested can be used as evidence without requiring a party to call its two attesting witnesses for the Purpose of proving its execution? PART-II1 Enumerate all those matters which have been excluded from the Jurisdiction of a Civil Court under the Punjab Land Revenue Act, 1967. Q.No.6 Discuss the procedure under which the Collector executes the orders issued by any Civil or Criminal Court for the sale of any land, PART-IV Q.No.7 What are the purposes of the General Clauses Act, 1897? Explain in detail the general rules of construction contained in the General Clauses Act, 1897. Q.No.4 Q.No.5 Q.No.8 Sir Arthur Hobhouse in introducing the Registration Act said: “Everybody knew that the object of a Registration Act was to give certainty to titles and to prevent the operation of fraudulent and secret transactions by which a man’s right in the property which he had acquired might be defeated.” What arrangements have been adopted in the Registration Act, 1908 to carry out this purpose? Q.No.9 Please enumerate the documents which are exempted from levy of court-fee.1 7 a - a RL peng cyte yp abe a aint bree a ba ifm ge _* > pete se i eeivs = -* 4 . baal~ 7 . a. e i; - aa” oeLAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER-V CONSTITUTION AND HIGH COURT RULES & ORDERS TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 NOTE: (i) Attempt FIVE questions selecting THREE from PART-I and TWO FROM PARTI. (ii) All questions carry equal marks. PART- Q.No.1 Whether the carrying out after prolonged delay of a death sentence which has been lawfully passed by a court of competent jurisdiction can be a contravention of the convicted man’s fundamental rights? Discuss. Q.No.2 In what matters the Constitution of the Islamic Republic of Pakistan, 1973 ousts the jurisdiction of High Court’s power of judicial review? Explain. Q.No.3 Do you agree with the statement that satisfaction of the President or Governor as to the existence of the circumstances necessitating the promulgation of Ordinance is open to review by the superior courts? Express your opinion. Q.No.4 When and how a care-taker cabinet is formed? What are the powers of the care-taker cabinet? Explain Q.No.5 Explain in detail the powers of the Executive under the Constitution of the Islamic Republic of Pakistan, 1973. PART-II Q.No.6 In what kind of suits the Civil Courts have unlimited jurisdiction regarding value? Discuss in detail the relevant provisions of the Civil Courts Ordinance, 1962. Q.No.7 Enumerate all those points which are required to be examined by the Court on the presentation or receipt of a plaint. Q.No.8 Explain the steps which are taken for execution of decree for the delivery of immovable property. Q.No.8 Define “Approver”. Whether approver can be tried for perjury? Explain.LAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER - VI: ENGLISH TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 Q.No.1 Write a precis of the following passage and assign a suitable heading to it: (20) There were many obstacles to the development of commerce in the Middle Ages. Dangers by land and sea had to be considered by the merchant who wished to send his goods to some distant part; but as the towns grew and multiplied, the resolution and ingenuity of man rendered it possible for commerce to increase steadily, til by the dawn of the modem period every country in Western Europe had felt its beneficent influence. When we think of the pooress of communication, the vast forests, the inferior roads, the unbridged rivers, and the innumerable foes lining the trade routes, it would seem, at first sight, almost an impossibility for merchants in the north of Europe to have intercourse with those of the south. Then, again, the narrow spirit of the Middle Ages, the survival of feudalism, offered a difficulty which was almost as prohibitive to the transportation of merchandise as the robbers and pirates, noble and ignoble, who lay in wait for the trembling merchant. There was an elaborate system of dues and tolls which made most goods when they arrived safely at their destination a luxury beyond the means of the average man; and, furthermore, it was the practice for governments in those days to prohibit and prevent passage through their countries. Yet in spite of all difficulties the groups of towns which were developing in Northern and Southem Europe, and the manufacturing centers of the East and West, steadily increased their wealth and prosperity. Q.No.2: Write an essay on one of the following topics: (20) (i) The impact of domestic violence on _—{ii)_Is Justice really blind or hoodwinked by society. the letter of the law? ) Uses and Abuses of Facebook? iv) The role of the technology in social relationship (v) Water crisis and national unity. (vi) Kashmir, a burning paradise. Q.No.3: Write a letter to the local Head of the Police Department calling attention to the inadequate deployment of police in District Courts and giving reasons why you considet adequate. (Please make sure that Name, Roll No. etc Is not given in the letter). (20) OR Write a story in 150 - 200 words beginning with this sentence: As he was walking along the beach, he saw something glittering... (20)Q.No.4 Q.No.5 fa) (b) (ec) (a) (e) What are the causes of unhappiness described by Russell, and what are his suggestions to overcome them? (20) OR What according to Russell are the real causes of happiness? (20) In the blank spaces below, inser: the correct preposition (candidates are required to re-write the phrase including the correct preposition, in their answer books): (04) (i) Abide a decision Account the shortage (iil) Confide____his friend (iv) Agree ourselves Use the following phrasal verbs in sentences to bring out their meanings: (04) Look at Look down on Look in (iv) Look for Distinguish between pronouns and adjectives in the following sentences: (. Thatis mine (i) Will you have this? (iii). What did he say? (v)_This paper is very thick. Use any four of the following idiomatic expression in your own sentences to illustrate their meaning: (04) To fall through (ii) To rob the cradle Dole out (iv) Cheek by jow! Playing to the gallery (vi) Down at heel wp The acid test Use four of the following pair of words in your own sentences so as. to bring out the difference in their meanings: (04) Ingenious, Ingenuous (ii) Amiable, Amicable (iii) Virtuous, Virtual Wreck, Wreak (v)_ Portly, comely (vi) Judicial, Judicious (vii) Casual, CausalLAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER-VII, URDU TOTAL MARKS: 100 TIME ALLOWED: 03 HOURS ~Seftuntririnbigue Adie (20) SSabriinbpuiiuenbrl eae balgse oP Shed occ) whiyothe SA gue s ie etn MEHL Salt vel eto il Pato HE SES LUT Se ME LS Utse fects Seba Sp hl ible tse SE Lei bie poiLy ey te Bt NL Arup Lake Astg a Wr BI Cle 3 card SLI LUt (20) -2 CAG bY 2hr of ee Aas FH ow OF Me tks ok Le oF oe Bor se Kb 6 we FF ae of ee tl oP oe A bit 2 A we fy oS PSF se f£ Yay u te & ue F & St at oO OP Ss ‘ Ae Pee Soca ERS eto eet Lt ent(20) Ye ireots, Vabtete% slr CRF i) bee L So tA Sos S lene Lis 6 PLL let (20) Cee iveutett bie (i) Azuxterdsprebwids @) oui (iv) Pidee yagi (iil) (20) = EA? tl abl Kehoe 5A Thus Hindu-Muslim conflict was not merely religious. It was the clash of two civilizations, of two peoples. Who had different languages, different literary roots, different ideas of education, different philosophical sources, and different concepts of art. Such a yawning cultural gulf was enough to destroy any affinity which the two peoples might have had and to bring to naught all efforts at unity. When this cultural variance was combined with diversity in social customs and modes of livelihood the emergance of a united Indian nationalism was doomed without redemption.LAHORE HIGH COURT, LAHORE ADDITIONAL DISTRICT AND SESSIONS JUDGES COMPETITIVE EXAMINATION, 2019 PAPER-VIII, GENERAL KNOWLEDGE TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 NOTE: (i) Attempt FIVE questions selecting ONE from PARTI and TWO EACH FROM PART-II & Ill. All questions carry equal marks PART-I Q.No.1 Discuss the role of the United Nations in the promotion of international peace amidst challenges such as international terrorism. Q.No.2 Do you think Iran's nuclear quest is threat to the neighboring countries? PART-II Q.No.3 Write a comprehensive note on Pakistan's relations with Saudi Arabia Q.No.4 Describe briefly the geographical features and the natural resources of Pakistan. Q.No.6 Discuss the main causes of deterioration of examination system in Pakistan. Suggest the methods by which the examinations can be held free from unfair means. PART-II Q.No.6 —_Briefly explain the function of following in human body: (a) Kidneys {b) Lymphatic system (c) Thyroid gland (a) Pituitary gland Q.No.7 Highlight the responsibilities of a Judicial Officer in the light of Islamic teachings. OR Does family contribute in the promotion of Moral Values? Discuss Q.No.8 Choose the correct answers. Do not reproduce the question. (i) Which U.S. President had the shortest term in office? (a) John Quincy Adams (b) Ronald Regan (c) James Madison (4) William Harrison(i) (iii) (iv) ) (vi) (vii) (i) Which canal links Red sea with Mediterranean sea? (a) Panama Canal (b) Suez Canal (c) Palk Strait (4) None of these Who was the first woman ‘o receive the Nobel Prize for literature? (a) Grazia Deledda (b) Pearl Buck (c) Selma Lagerlof (a) Sigrid Lindset Conjunctivitis affects which part of the human body? (a) Lungs (b) Eyes (c) Brain (d) Heart then one of the world’s longest mountain glaciers is located which mountain range? (a) Pir Panjal (b) — Karakoram (c) Ladakh (a) Siwalika The word selfie was named word of the year by Oxford Dictionaries in: {a) 2013 (b) 2010 (c) 2000 (a) 2017 Which is the oldest organization among the following? (a) UNO (b) African Unity (c) League of Nations (d) Common Wealth (viii) Nightingale Florence was a: a) Nurse (b) Soldier (c) Religious Reformer (d) None of these Who is called father of computer? (a) Charles Babbace {b) — Konard Zuse (c) Merry John (d) None of these x) Silicon Valley is famous for: fa) Computers (b) Film Industry (c) Cars (d) Sugarcane