Civil Law - I

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Future
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Civil Law - I

Post by Future » Mon Sep 27, 2010 2:14 pm

PUNJAB PUBLIC SERVICE COMMISSION, LAHORECOMPETITIVE EXAMINATION FOR THE POST OF CIVILJUDGE-CUM-JUDICIAL MAGISTRATES IN PUNJAB, 2006PAPER ON: CIVIL LAW- 1Time allowed: Three HoursMax Marks: 150Note: Attempt in English Language.Bare Act will not be provided.Attempt five question in all selecting at least Two questions from section 'A' and One from each of other sections.SECTION A- C.P.C/Civil Courts Ordinance, 19621: Will you please distinguish between the expression "Res Subjudice" and "Res Judicata"? Also explain the concept of "Actual Res Judicata" and "Constructive Res Judicata" as embodied in section 11 of CPC.2: It is stated that principle of civil dispensation of justice is based upon the theory of adversarial hearing. Explain the importance of summoning of defendants through different strategies employed in CPC. Describe the circumstances in which substituted service can be invoked and resorted to by the parties to suit and court.3: Will you please describe the powers of court to issue commission with special reference to areas in which Commission can be issued. Deal with the powers of court to issue Commission to examine the witness and persons for whose examination, Commission is issued. Also deals with the powers of Commission to submit report and what is evidential value of such report?4: Will you please explain the territorial and pecuniary jurisdiction of Civil Courts within the scheme as contained in the West Pakistan Civil Courts Ordinance, 1962?SECTION B - Contract Act5: What do you mean by Coercion, Undue influence and Fraud? What are the consequences of a contract made through the use of Coercion, Undue influence and Fraud?6: Define Pledge, Pawnor and Pawnee. Describe the rights and obligations of the pawnor and pawnee?SECTION C - Sales of Goods Act7: What do you mean by Unpaid Seller and Paid Seller? Enumerate the rights of an Unpaid Seller with respect to his right of lien and termination of the contract.8: Explain the remedies for breach of Warranty and repudiation of contract before due date. Also explain the exclusion of implied terms and conditions.SECTION D - Qanoon-e-Shahadat9: What do you mean by the facts which are relevant? Explain as to when an objection could be taken with regard to admissibility of oral/documentary evidence in civil proceeding before the court.10: What are the meanings of public and private documents? Explain the mode to prove the above two species of documentary evidence before the court.


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