IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

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yousaf
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IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

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IMPORTANT QUESTIONS OF CIVIL & CRIMINAL(c p c.limitation,specfic relief act etc...)
Last edited by yousaf on Tue Oct 30, 2012 6:42 pm, edited 1 time in total.
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL(c p c.limitation,specfic relief act etc...)

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CODE OF CIVIL PROCEDURE, 1908IMPORTANTS QUESTIONS:-Q-1.What is decree? What are its ingredients? Distinguished between decree judgment and order?-section 2 code of civil procedure, 1908 .Q-2. Write a note and explain following!i- Decree holder.ii- govt pleader.iii- judge. iv-mesne profit.v -public officer-section 2 code of civil procedure, 1908 Q-3 what do you understand by the suit of civil nature? 0R-What kind of suit can be filed in civil courts? 0R-Discuss section 9 c.p.c in detail what are kind of civil courts? Objection of jurisdiction?-section 9+ 21 c.p.c+ high court rules and orders volume 1 chapter 2 part A+section 3 of civil court ordinance, 1962-Kinds of civil court:-i-the court of the district judge.ii-the court of the additional district judge.ii-the court of the civil judge.(PLJ 2006 LAHORE 711).Q-4. Briefly discuss the condition in which subsequent suit would be stayed under section 10 of c.p.c by the court? What is purpose behind the law? Explain ORWrite a detail note on Res-subjudice? ORDefine and explain stay of suit and relevant law?(ppsc civil judges judicial exams 1991- AD & SJ exams 1998)-section 10 cpc-(basic principles ruling-PLD 1949 LAHORE 16-PLD 1959LAHORE 802-PLD 1971DACA 286-PLD 1966 KARACHI 13).Q-5. Explain the principle on which law reqarding Res- judicata is based? ORWite a detail note on Res judicata? ORCan a suit be successfully depend on the plea that matter in issue has already been decided in a former suit? what shall be essentials grounds for such plea in defense?(ppsc civil judges judicial exams 1999-High court exams 2002- ppsc civil judges judicial exams 2006- AD & SJ exams 1998- AD & SJ exams 2001)-section 11 c.p.c+ PLD 2004SC 178-basic principal of Resjudicata derivied from:-“no man should be vexed twice for the same offence “-(Air 2006 sc 1846)Q-6. Distinguished between Res subjudice and Resjudicata?(AD & SJ exams 2003)Q-7. where any suit is barred under section 11 cpc. What is the legal remedy is available to the defendant and what court can do?{Application undr order 7 Rule 11(suit barred by law)}Court shall dismissed the suit if s.11 attractedQ-8 what is remedy against the decree holder who obtains an order or decree through fraud, misrepresentation or without jurisdiction? What is its limitation? ORWhat is remedy available for judgment debtor against a decree which is obtained from a court which lacks jurisdiction over the subject matter? ORWhere the court decide the application u/s 12(2)c.p.c what is regal remedy against it?(appeal or revision)(AD & SJ exams 2003- AD & SJ exams 1991- AD & SJ exams 1998- AD & SJ exams 2005) -Section 12(2) +Procedure of 12(2) is in 1997 CLC 343-Want of jurisdiction /lack of jurisdiction includes: i-terrorial jurisdiction-ii-pecuniary jurisdiction--limition:3 year Art 181 limitation act.-appeal or revision:(where 12(2)is accepted and challenged decree is set aside then appeal shall lie if 12(2)is rejected and decree maintained then revision is competent 1996SCMR1528-AIR1961 PAT88)Q-9 every suit shall be instituted in a court with the local limits of whose jurisdiction the defendant lives or carries the business, are there exceptions to this rule? ORDifference between section 16 and 20 of c.p.c as to place of suing? ORDescribe the provision relating to place of suing as laid down in code of civil procedure?( ppsc civil judges judicial exams 1993- AD & SJ exams 2003).Section 15 to 20 c.p.cQ-10.A. person who wants to transfer his case from one court to another what is legal remedy available to him? on what ground he can made an application? to whom he shall made application?-Section 22to 24+high court Rules & order volume 1 chapter 13-Grounds of transfer:-Bias-judge relationship-influence of any party on the court-judge personally interested-earlier decided similar matter-express his opinion before decision-consolidating suit-to avoid conflicting judgments-for convenience of parties and witness-(allegation on judge the court should transfer without going into the allegation for the interest of justice).1998 SCMR 897.Q-11.whether the court can summon a witness to give evidence or to produce document? what procedure court can adopt for his non appearance?-Section 31+32+order 16( Rule 10+12)Q-12.can the court can called/summoned the private witness (who is not official witnesses)through process of court?-Yes order 16 Rule14+high court rules and order volume 1 chapter 5 part A+O 16 R 19Q-13.when costs and compensatory are awarded in a suit?define and difference between s.35 and s35 A of c.p.c?-Section 35-35 A+-High court rules and orders volume 1 chapter 11part E-Section 35A amended now: 25000 extended to 100000 one lack.Q-14.define and explain court which passed the decree?when court passed decree not execute himself why?and procedure for transfer of decree to an other court, and mentioned transferred court power?-section 37 to 40+42+order 21( R 5+6+7)H C rules and orders volume 1 chapter 12 part BQ-15. What is precept? when it is issued?( ppsc civil judges judicial exams 2000- ppsc civil judges judicial exams 2001)can be objection u/o 21 R 58 PLD 1971 KAR 225.What is difference between transfer of decree and issue of precepit?-39+46 c.p.cQ-16.enumerates the points which are to be determined by the executing court?Whether the separate suit is barred?-section 47 c.p.cQ-17.what is limitation for enforcement of decree?whether the limition stoped when the appeal is pending?in which case execution is barred?-section 48 c.p.cQ-18.what are the powers of court in enforcement of decree?What are different modes of enforcing execution of decree?(AD & SJ exams 2003)-section 51+appointment of receiver o40 R 1cpc+-paration of property s 54 cpc+-execution of collector s.68-72 c.p.c+-compensation in lieu of decree o21 R 31+-movable property specific performance of agreement o.21 R 32+transfer of right by execution o21 R 53+H .C RULES volume 1 chapter 12 part C.Q-19.explain the law relating to arrest and dentition of judgmentDebtor in respect of execution? OR Essential requirements by executing court …… judgment debtor to prison?-51(C)+55+74+o.21 R 37 code of civil procedure, 1908Q-20.in detail mention the property,which are liable to attachment in execution of decree and properties not liable to attachment?(AD & SJ exams 1986).-section 60+ordr 21 R 41 to 55 cpc+ H C rules volume 1 chapter 12 part NQ-21.when the judgment or any person create resistance in execution of a decree,what punishment the executing court can award to him?-section 74 cpcQ-22.what are powrs of court to issue commission and examine witness?( ppsc civil judges judicial exams 2006) ORIn which case and for what purpose commission cab be issued? ORWhat is commission?when commission is to be issued ? what procedure will adopt ?explain! ORIs report of commission binding on courts and parties? ORWho can appoint commission for determination boundary?(AD & SJ exams 2005)-section 75+order 26+high court rules and order volume 1 chapter 10Q-23.is there special procedure suit by or against govt?(AD & SJ exams 1983- AD & SJ exams 1986) ORIs the procedure for filing a suit and execution of decree against govt different from ordinary procedure?if so describe the procedure with particular to the provision given in the code?-section 79 to 82 +high court rules and order volume 1 chapter8.Q -24 what is inter pleader suit? Write in detail. ORWhere inter pleader suit may be instituted?-section 88+order 35-(if any court order is passed under order 35 R 3-4-6 then appeal may be filed against such order u/order 43 R 1.)Q-25.whether any written agreement between any persons is a valid, for which purpose only to get the opinion of court?what procedure is adopted by the court,when suit instituted on above mentioned agreement?-special case section 90+o 36 + order 14 R 6 & 7.Q-26.what is public nuisance? ORDetail procedure described in suits relating to public matters?-section 91+92 code of civil procedure, 1908Q-27 writes a note on appeal? ORDefine decree? And what is scope of appeal and its procedure? ORAppeal is an extension of the original proceeding? discuss the powers of appellate court? ORDo the appellate court have same powers/jurisdiction as are possessed by the original court? ORCan an appeal be filed against the consent decree? ORWhether a person who is not a party in a suit, can he file an appeal against a decree?-section 2(12)+96+97+0rder 41+High courts rules & order volume 1 chapter 14.Q-28.when regular second appeal can be filed? What is difference b/w appeal u/s 96 & appeal u/s 100 cpc?-section 100 to 102+0 42 +96+0rder 41 c.p.cQ 29. what is interlocutory orders? Whether these orders are appeasable? ORWhat are orders from which appeal lies? ORWite a note on appeal able orders? (AD & SJ exams 2001)-section 104 +0 43Q-30.state the difference b/w appeals u/s 96 and appeals u/s 104 c.p.c?- section 96+order 41+s 104 + 0 43Q-31.what are the powers of civil court in pending appeals?OR Write a note on appeal and discuss the powers of appellate court?-section 107 c.p.c.Q-32.when appeal lies to the Supreme Court? And procedure of appeal in Supreme Court?-section 109+0rder 45Q-33.when reference to high court be filed? who can file?and what could be ground of reference ?-section 113+order46 c.p.cQ34.what are powers of court to review its own order and judgement?procedure explain with reference also? OR On what grounds a review can be allowed?( AD & SJ exams 1983 – ppsc civil judges judicial exams 2007) ORWhat court can review its judgments? and under what circumstances?(ppsc civil judges judicial exams 1991- High court exams 2009 )-section 114+order 47Q-35.on what grounds the remedy of revision is available to an aggrieved person?(High court exams 2009) ORPre requites for revisional jurisdiction?( AD & SJ exams 2001) ORIs it true that revision lie on question of fact?( ppsc civil judges judicial exams 1991) ORWhat procedure is adopted for filing a revision petition?-section 115 cpcQ36.how does the remedy of review differ from the revision? ORWhat is Scope of review and revision?-section 114+0 47+s 115 c.p.cQ- 37. Whether the court can exempt any person from personal appearance in the court?and whether govt can also declared exemption, if so what is procedure?-section 132 to 135 AQ-38 describe powers of court regarding making up deficiency in the court fee on the plaint?(ppsc civil judges judicial exams 1993)-section 148+149 cpc(court should be given a chance before dismissal of suit on defiency of court fee)Q-39. explain the inherent power of court? ORWhat remedies courts can provide in the exercise of its inherent power for the ends if justice or to prevent the abuse process of court?( ppsc civil judges judicial exams 1998) ORWhat are the inherent powers of civil courts? ORWhat are inherent power to amend judgment, decree and order? What are supleminental proceding that is empoer to take to secure the ends of justice? (ppsc civil judges judicial exams 1997- ppsc civil judges judicial exams 2003).-section 151 to 153 + high court rules and order volume 1 chapter 1 part L(e)-main two classes of inherent power:-1-for ends of justice-2- to prevent abuse process of courtRemedies courts can provide:--rehear a matter before a final order-consolidate suits-correct his own mistake-correct error in judgment-vacate an order which is nullity in the eye of law-allow relief where wrong section quoted-remand a technical defect-allow time for making defiency of court fee-vacate a mistake order-prevent a council from harassing a witness-transpose a party-issue injunction on defendant application-allow proceeding of one kind to treated to as one of another kind-recall an order-proceeding in camera-reconstruct loss judicial record-very or modify an interim status quo order--no express provision of law-false application summarily rejected-procedure adopted in section 112 (2)-prevent obstructive methods-decision on consent decree- ORDERSQ-40.who can join as plaintiff or defendant in one suit?(civil judges cum-judicial magistrate exam 2008- ppsc civil judges judicial exams 2005)-0rder 1 rule 1+3 c.p.cQ-41.what is mis-joinder or no joinder of necessary party?(o 1 R9) ORCan court strike or add party?( civil judges cun-judicial magistrate exam2008) ORWrite a note on necessary or property party? ORWhat is legal effect on limitation after addition or add the party?-order 1 R 9 +10 cpc +limitation act section 22.Q-42. every suit to include the whole claim, what is legal effect of relinquishment any portation of claim?-order 2 R 2 c.p.cQ-43.write a note on recognized agents and pleader?-order 3 R 2+4Q-44.what is summon?what are different stages of summing? ORWhat is procedure of summon defendant? ORWhat is procedure of summon in following case: -procedure refuses to service?-when the person cannot found ?-when in jail?-permanent resending aboard? ppsc civil judges judicial exams 2005) ORWhat is substitutive service? and when it can be directed?( ppsc civil judges judicial exams 2002)-order 5 cpc-high court rules and order volume 1 chapter 1 (part D)Q-45.what are pleading? pleading are consider as evidence,statement in written statement is admission? ORExplain the pleading and discuss its essentials?( ppsc civil judges judicial exams 1993). OR On what grounds court can permitted to amendment of pleading and when not allowed?( O 6 R ) ORWhen can amendment in opposition pleading cab be allowed? And Mentioned grounds!(O 6 R 16). ORWhen pleading subsequently be amended, if so, on what grounds?( ppsc civil judges judicial exams 1993- ppsc civil judges judicial exams 1998- ppsc civil judges judicial exams 2003- ppsc civil judges judicial exams 2005)-order 6Q-46.what are essentials of plaint?( ppsc civil judges judicial exams 1991) ORWrite a note on essentials of plaint?( ppsc civil judges judicial exams -1996) ORWhat are legal requirements in drafting of plaint in civil suit?( ppsc civil judges judicial exams 1998- ppsc civil judges judicial exams 2003- ppsc civil judges judicial exams 2005) ORWhich documents are attached with plaint? ORWhat is plaint ?describe its necessary contents in detail-order 7Q-47.state when a plaint may be rejected by the court?and distinguished the situation when the court has to return or reject the plaint? is the rejection of plaint a decree? ORWhen a plaint cab be rejected? what can a plaintiff does?what remedy against the rejection?( AD & SJ exams 1983- AD & SJ exams 1998) ORWhat are Powers of court regarding making of the deficiency in the court fee on the plaint?(ppsc civil judges judicial exams 1993) ORWhere plaint is returned or rejected?what remedies available to plaintiff? ORWhat is difference between return of plaint and rejection of plaint? ORWhat are Ground of rejection of plaintiff suit?( AD & SJ exams 2005- AD & SJ exams 1991- AD & SJ exams 1986)-order 7 R 10+11-barrered by law:-order 23 R 1 cpc-section 12(1)cpc -evacue property cases-revenue matters.Q 47A-where suit is rejected not decided on merit, whether he can file case again on the same cause of action?-order 7 R 13Q-48-write a note on written statement ? (AD & SJ exams 2001 )and what is prescribed period to submitting the written statement, in case of failure what a court can take action against defaulter defendant? ORWhen denial consider as admission?( evasive denial o 8 R 4+ o 20R 19) ORWhat is set off?( ppsc civil judges judicial exams 2001)what is effect of failure to claim set off?( 0 8 R 6 to 9+o 20 R 19) ORWhat is replication?(subsequent pleading)-order 8 c.p.c Q-49.Can a fresh suit be filed on the same cause of action after the first has been dismissed in default?( ppsc civil judges judicial exams 1991) ORWhat are consequences of non appearance of plaintiff or defendant? ORWhat are grounds For setting aside ex party decree?-order 9 code of civil procedure, 1908.Q-50 Explain examples the remedies against an ex party decree?Remedies against an ex party decree:-application u/o 9 R 13 code of civil procedure, 1908-review u/s 114+0 47 code of civil procedure, 1908-application for rehearing u/s 151 code of civil procedure, 1908-revision-use of inherent power of court in some cases u/s 151 code of civil procedure, 1908-in some cases writ may also lie.Q-51 write a note on examination of parties by court?-order 10 code of civil procedure, 1908Q-52.write a note on interrogatories?( ppsc civil judges judicial exams 1998) ORNote discovery by interrogatories and its procedure?( ppsc civil judges judicial exams 1991 )-order 11 code of civil procedure, 1908Q-53. A document which is not produced with plaint or written statement nor on first hearing what procedure is provided in law to produce such document?-order13 R 1+2+o 7 R14(2) +o 8 R( 1)high court amendment.Q-54.what is issue?what is its importance for a suit?in what matters should a court take into consideration before framing of issue in a civil court? ORCan a court add,amend or strike out an issue on any stage?-order 14 code of civil procedure, 1908Q-55.what is procedure if a party desire to call a witness through order of court? discuss when any witnesses not in list what procedure is adopted to produce it?-order 16 code of civil procedure, 1908Q-56 A.person who is called to produce a document whether he can be cross examination?-no order 16 R 6 code of civil procedure, 1908 +article 134 qaun e shashdat order 1984Q-57.a person/witness present in the court can he be produced as witnesses although his name is not in the list of witnessesu/o 16R 1 code of civil procedure, 1908?-order 16 R7 code of civil procedure, 1908- (2003MLD 1332-PLD 1979LAHORE 145)Q-58-how shall the court proceed to suit in case fails to proudece evidence or cause attendance of his witness?give detail reply!( o 17 R 3) ORWhen the date is fixed for evidence of any party neither party nor his witnesses!what the court can do ?-double default( o 17 R1+3 OR o 9 )code of civil procedure, 1908.Q59-whwther the judge can himself inspected the place/property disputed?( 0 18 R 18 code of civil procedure, 1908 ) ORWhen the rebuttal evidence can be given?explain with relevant law & circumstances?-o 18 R 3 code of civil procedure, 1908Q-60.name the cases in which preliminary decree must be passed? (AD & SJ exams 1984) ORWhat is preliminary decree?c.jc.m2009 ORName the suits in which preliminary decree must be passed? AD & SJ exams 1986 ORDecree in pre emption suit ?(o 21 R 14+PLJ2006LAHORE 1077). ORWhether every issue should be decided separately or not?-order 21 code of civil procedure, 1908Q-61.what is procedure for execution of decree?( order 21) ORWhether without filing execution petition judgment debtor can be arrested? if so in which case?-money decree order R 11 code of civil procedure, 1908Q-62.whether the of injunction and conjucational rights rights?is so what is its procedure?-order 21 R 32 code of civil procedure, 1908-mandatory injunction decree enforcement (1998 SCMR151-1999YLR350)Q-62A. objection with respect to attached property discuss in detail?-order 21 R 58 code of civil procedure, 1908Q-63.what procedure is adopted by the court in case of death of plaintiff? ORThe defendant who is not appeared in the court nor he filed his written statement,After the death of such person whether it is necessary to implead his legal heirs or not?-order 22 code of civil procedure, 1908Q-64 when the court can allowed any person to with draw the suit “with the permission to file the fresh” mentioned the grounds?(O 23 R 1)H C RULES volume 1 chapter 13 R 7 ORWhat is consent decree? Whether appeal can be filed against such decree?s 96(3) cpc.-order 23 R 3 +cpc.+H C RULES volume 1 chapter 14 R 6Q-65 what is procedure of filing the suit by or against minor or person unsound mind?( AD & SJ exams 1983) -order 32 code of civil procedure, 1908 ORWrite a note on guardian at litem?-high court rules and orders volume 1 chapter 1 part mQ-66. what is procedure for filing a pauper suit? who is pauper in law? ORWrite a note on pauper suit?( ppsc civil judges judicial exams 1998) OR When a suit instituted on a pauper application, what is limitation for?( ppsc civil judges judicial exams 1993)-order 33 code of civil procedure, 1908+High court rules and orders volume 1 chapter 1 part m (c)Q67.what is summary suit?what procedure should a civil court adopt to proceed with such suit? ORIs special procedure for promissory note?( AD & SJ exams 2005) ORWho can apply for leave to defendant? on what ground its granted?( ppsc civil judges judicial exams 1993)-order 37 code of civil procedure, 1908 +high courts rules chapter 1 volume 1part m(b)Q-68.can a property be attached before judgment by the court? explain ORWrite a note on attachment before judgment?-order 38 code of civil procedure, 1908Q-69. circumstances can temporary injunction be granted also quote law?(ppsc civil judges judicial exams 1997- ppsc civil judges judicial exams 2000+ ppsc civil judges judicial exams 1996+ AD & SJ exams 1998) ORExplain injunction? what are conditions that govern issuance of temporary injunction? explain ORPeriod of temporary injunction cease to effect?( ppsc civil judges judicial exams 2000) 1999 SCMR 2215. ORUnder what law we filed contempt of court application on violation of stay order?in order 39R2(3)the word used disobedience of order, why we filed contempt of court application?-order 39 code of civil procedure, 1908Disobedience of order amount to contempt of court see rulings (2000CLC387-1994 SCMR 426-1998 CLC 1872)-Grounds of stay:-prima facie case-balance of convenience-irreparable lossQ-70.what are principles court can appoint receiver, duties and powers of receiver?(ppsc civil judges judicial exams 1990)-order 40 code of civil procedure, 1908Q-71 what is procedure for filing an appeal? what are ground of appeal? AD & SJ exams (2003) ORGrounds a appellate court can grant stay of execution and what condition?( AD & SJ exams 19811) ORGrounds or conditions a decree cab be stayed by the appellate?( AD & SJ exams 1983)-order 41 R 5 code of civil procedure, 1908 ORWhat is procedure when appeal dismissed in default? ORWhat is meant by cross objection?( AD & SJ exams 2001 – AD & SJ exams 2005) OR What are grounds for producing additional evidence at appellate stage?( AD & SJ exams 2005)What are modes of taking additional evidence?-order 41 R 27+28Q-72.procedure of pauper appeal?how its different from ordinary appeal? AD & SJ exams (1998- AD & SJ exams 1983- AD & SJ exams 2001) ORWho may appeal as pauper be filed? discuss in detail?-order 44 code of civil procedure, 1908
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yousaf
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by yousaf »

CODE OF CIVIL PROCEDURE 1908see and download attached document in word office file formatclick on attachements
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by izzahussain »

yousaf bhai you done a good job but numebr of qtns boht ziada h kuch kam ni ho sakte or exams ke hawale se or be guidance dete rahen.
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by yousaf »

izzahussain wrote:yousaf bhai you done a good job but numebr of qtns boht ziada h kuch kam ni ho sakte or exams ke hawale se or be guidance dete rahen.
agar ap na selective karni ha tho ap kud andza lagay jo papers ma bar bar ay ha wo kar lay baqi chor day
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by yousaf »

ma bhot jalad baqi subject ka importants questions bi shere karo ga
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by billu »

brother plz share questions of evidence and limitation act at earliest.thanks in advance
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by ABID7986 »

can any body tell about ESSAY what type of essay will come in next test which will be conducted by LHC/.PLS GIVE TOPICS
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by yousaf »

ABID7986 wrote:can any body tell about ESSAY what type of essay will come in next test which will be conducted by LHC/.PLS GIVE TOPICS
see this topicviewtopic.php?f=35&t=4113
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Re: IMPORTANT QUESTIONS OF CIVIL & CRIMINAL LAWS(c p c.limitation,specfic relief act etc...)

Post by yousaf »

asj past papers?
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