Important
Points For Law Interview
General
Questions No.1
1.
Once
the process fee has been filed along with the plaint for the service of the
parties, it is sufficient for the issuance of process at any subsequent stage
of the suit is it ?
2.
For
the purpose of issuance of summons forms per person have to be submitted?
3.
The
correct procedure for the inspection of the court file is to submit an
application before the Presiding Officer.
4.
The
dress code for the apprentice lawyer is Jacket and trousers with maroon tie.
5.
Permission
from the senior Civil Judge is necessary for obtaining certified copies of
interim orders in a pending case?
6.
The
list of reliance has to be signed by the party alongwith the Counsel by whom?
7.
Court
fee of any denomination is readily available with the Stamp Vendors sitting in
the Court premises?
8.
The
expenses for the service of summons etc are to be borne by the parties to the
suit.
9.
Only
an officer of the Court may be appointed as a local Commissioner.?
10.
A
proclamation in the newspaper, has to be submitted in the office of the newspaper
directly?
11.
In
all suits the original documents if any are to be attached to the plaint at the
time of institution?
12.
The
Plaint and the Written Statement both must bear attestation by the Oath
commissioner?
13.
While
filing a suit an index is to be attached alongwith the Plaint?
14.
Once
the apprenticeship period is complete, the apprentice lawyer makes an
application to the Punjab Bar Council.
15.
The
fee for obtaining certified copies is fixed at Rs. 2.00 per page.
16.
If
the Court is on leave then the Reader of the Court may record the statement of
any witness in matters of the utmost urgency?
17.
The
Plaint is to be written on the Court Fee in instances where Court Fee is
available?
18.
While
appearing for the Appellant the Counsel stands on the left hand side of the Court.
19.
Every
Civil Judge is Ex-officio a Rent Controller.?
20.
Court
Fee worth Rs.100/- is to be affixed on all bail petitions?
21.
Diet
money for the witnesses may be paid to the Nazir Accounts of the Court.
22.
In
suits under Order 37 C.P.C the same summons forms are used as in all the other
suits?
23.
After
the Decree has been announced, the decree sheet is prepared by The Reader of
the Court.
24.
The
Order Sheet is a copy of the decree by the Court.
GENERAL
QUESTION NO.II
1.
The
name of the statute relating to criminal proceedings in Pakistan is The Code of
Criminal Procedure.
2.
Any
officer above the rank of Constable can perform the duties of an SHO.
3.
Bail
before arrest is accompanied by an affidavit.
4.
The
color of the tie of a mail apprentice lawyer is Maroon.
5.
The
color of the scarf of a female apprentice lawyer if Maroon.
6.
In
criminal cases the accused appears on left side of the Judge.
7.
File
inspection can be made by the payment of two rupees.
8.
Public
servant can be called as a witness through process of Court.
9.
Bail
before arrest is filed in the office of C.O.C.
10. In civil cases, plaintiff appears on
Right side of the Judge.
11. For the purposes of arrest it is
sufficient if the arresting officer touches the body of the accused.
12. Black robe of a lawyer’s uniform
stands for Protest and Purity.
13. Rule in Zubair’s case provides bail
matters of co-accused to be decided by the same Judge.
14. If a person is aggrieved by the
conduct of an advocate of High Court he may move an application to Punjab Bar
Council.
15. According to Section 17 of Registration
Act non testamentary instrument which creates right of value of Rs.100/- and
upwards in immoveable property is compulsory registerable.
16. No document required to be registered
under Registration Act shall operate to create a right in immoveable property.
17. Agreement to sell does not create any
right in the property.
18. The degree passed under Section 9 of
Specific Relief Act is not appealable.
19. The rent of non residential building
shall stand automatically increased at the end of every 3 years of its tenancy
by 25% of the rent being paid.
20. Any party aggrieved by final order
passed by Rent Controller may file appeal within 30 days.
21. Application for transfer of Family
Case can be filed under Section 25A of Family Court Act, 1964.
22. Suit for cancellation of instrument
may be filed under Section 39 of Specific Relief Act, 1877.
23. Suit for declaration of status or
right may be filed under Section 42 of Specific Relief Act, 1877.
24. A case registered under section 9(a)
of Control of Narcotic Substances Act, 1997 is triable by Special Court
comprising a judicial magistrate.
25. Section 103 of Cr.P.C is not
applicable for search under Control of Narcotic Substances Act, 1997.
26. According to Section 51 of Control of
Narcotic Substances Act, 1997 bail shall not be granted where the offence is
punishable with death.
27. Punishment for possessing 1000 gm
heroin may extend to 7 years and fine.
28. Bail Application regarding offence
under Immigration Ordinance, 1979 will be filed before Special Judge Central.
29. FIR Regarding offence under
Immigration Ordinance, 1979 is lodged by FIA.
30. Trial of offence under immigration
Ordinance, 1979 will be held by Special Judge Central.
31. Punishment for offence under Section
22 of immigration Ordinance, 1979 may extend to 14 years or with fine or with
both.
32. Special Judge of Anti-Corruption has
the powers of Magisterial trial.
33. Physical remand of accused charged
under Anti-Corruption Act, 1947 will be obtained by Magistrate.
34. Preliminary inquiry is conduction
before lodging FIR under Anti-Corruption Act, 1947.
THE
CODE OF CIVIL PROCEDURE
1.
Decree
conclusively determines the rights of the parties.
2.
The
person against whom a decree has been passed is known as Judgment debtor.
3.
Res
Subjudice is the doctrine which prevent the Courts of concurrent jurisdiction
from simultaneously entertaining and adjudicating upon two parallel suits in
respect of the same cause of action and the same subject matter.
4.
Where
a person challenges the validity of a judgment, decree or order on the plea of
fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by
Making an application to the same court which has passed the judgment, decree
or order.
5.
Every
suit shall be instituted in the Court of Lowest grade competent to try it.
6.
Sections
35 & 35-A of CPC deals with costs and compensatory costs.
7.
Precept
is an order or direction given by one court to another court for some act to be
done.
8.
In
the case of a suit by or against Federal Government the authority to be named
as plaintiff or defendant shall be Pakistan.
9.
A
suit in which the real dispute is between the defendants only is known as Inter
pleader suit.
10.
Suit
for Public Nuisance can be instituted by two or more persons with the
permission of Advocate General.
11.
A
decree passed with the consent of the parties is known as Compromise decree.
12.
Consent decree is not appealable.
13.
Second
appeal can be filed in the High Court.
14.
Second
appeal can be filed on Question of Law.
15.
Grounds
for filing second appeal are enumerated under section 100.
16.
Revision
under section 115 can be filed in the High Court as well as in the District
Court.
17.
Section
151 of CPC deals with the inherent powers of the Civil Court.
18.
Under
Section 152 CPC amendment can be made in the Decree-Order-Judgment.
19.
Amendment
of pleadings under Order 6 Rule 16 to deals with the Amendment which a party
desires in his opponents pleadings.
20.
Substituted
service by the order of the court is as good-effectual as if it had been made
personally.
21.
Pleadings
shall contain Material Facts.
22.
Order
7 Rule 10 CPC deals with the Return of Plaint.
23.
According
to Order 14 issues are of Two kinds.
24.
A
minor can sue by a Guardian or Next friend.
25.
Additional
evidence in Appellate Court can be produced only in cases enumerated in CPC
under Order 41 Rule 27.
26.
Order
21 deals with the execution of decrees.
27.
A
plaint can be rejected only on any of the 4 grounds provided in CPC.?
28.
Under
Order 16 CPC summons are issued to the Witnesses.
29.
Rejection
of plaint will be Decree.
30.
Appeal
may be filed against Decree.
31.
Every
Civil Judge is subordinate to District Judge.
32.
Civil
Procedure Code applies to the Revenue Courts by Notification of the provincial
Government.
33.
The
subsequent suit in which the matter in issue is also directly and substantially
in issue in a previously instituted suit between the same parties its trial would
be stayed.
34.
The
Dismissal of application under Section 12(2) of CPC is Revisable.
35.
A
District Judge on the application by any of the parties can Transfer the same
for trial to any other Additional District Judge.
36.
Court
may at any time either on its own motion or on the application of any party
make an order for issuance of Summons to person whose attendance is required
either to give evidence or producer any document
37.
An
application is to be filed for Execution of the decree passed by the Appellate
Court to the Court of 1st instance, which decided the suit.
38.
If
decree of Civil Court is for partition of land assessed to payment of land
Revenue the same is to be executed by Collector concerned.
39.
Woman
cannot be arrested and detained in Execution of decree for non Obeying the
Money decree.
40.
The
suit against the Federal Government is to be filed against Secretary to the
Federal Government of Pakistan.
41.
In
a suit against a public officer in respect of any act in his official capacity
the defendant is not liable to be arrested nor his property to be attached.
42.
Against
ex-parte decree Application for setting aside Ex-parte decree to the same court
or appeal to the Higher Court.
43.
Power
of first Appellate Court can determine the issues of laws and facts with its
own findings.
44.
The
appeal is competent only against every decree.
45.
Decree
passed by Consent of parties by the civil judge can be voided on the gerunds of
fraud played by one the parties to the decree by appeal to the Higher Court.
46.
The
court of Civil Judge passing the decree if applied for execution of the decree
passed by it can stay the execution till filing of the appeal to the higher
Court.
47.
The
property of the defendant can be attached anytime after the suit is filed.
48.
The
suit property is in danger of being wasted, the injunction to restrain such
waste can be obtained alone by the by any party to the suit including the
defendant.
49.
In
the suit issues are framed by the Court trying the suit, the same court can
amend any issue already framed.
50.
A
document produced in the suit can be returned earlier to the person producing
on delivery of the certified copy of the original and undertaking given to
produce the original gain if so question.
51.
Court
cannot refuse to adjourn the hearing of the suit sufficient cause is shown by
the party asking the adjournment.
52.
Defendant
proceeded against ex-parte after due service of summon can make an application
for setting aside ex-parte proceedings taken against him.
53.
Court
may make an order for the detention of a judgment debtor in prison to suffer
simple imprisonment for a period not exceeding 1 year.
54.
A
judge may pronounce a judgment written but not pronounced by his predecessor.
55.
The
plaint shall at any stage of the suit be returned to be presented to the court
in which the suit should have been instituted.
56.
The
substance of the oral examination of the party shall be reduced to writing by
the Judge.
57.
Can
Court may not examine witnesses or documents before framing issues?
58.
Can
an appeal may not lie from an original Decree passed ex-parte?
59.
Court
may proceed not withstanding either party fails to produce evidence under Order
17 Rule 3 of CPC.
60.
No
Decree to be set aside without notice to opposite party.
PAKISTAN PENAL CODE
1.
The
word “man” denotes a male human being of any age.
2.
The
word “person” includes (a) any company or association (b) body and (c) person.
3.
A,
a surgeon, in god faith, communicates to a patient his opinion that he cannot
live. The patient dies on consequence of the shock. A knew that the
communication might cause the patient’s death. A has committed no offence.
4.
Whoever
does anything with the intention of causing wrongful gain in one person or
wrongful loss to another person is said to be that thing dishonestly.
5.
Imprisonment
for life means imprisonment for 25 years.
6.
Whoever
joins or continues in unlawful assembly, knowing that such unlawful assembly
has been commanded in the manner prescribed by law to disperse shall be
punished with imprisonment of either description which may extend to 2 years,
or with fine, or both.
7.
The
word “death” denotes the death of a human being.
8.
Right
of private defence of the body includes the defence of his own body and the
body of any other person.
9.
(a)
Cowries (b) lumps of unstamped copper (c) medals are not covered under the
definition of Pakistan coin as laid down in PPC.
10.
Adult
means a person who has attained the age of 18 years.
11.
Rash
driving in a manner as to endanger human life is punish able with imprisonment
of either description which may extend to 2 years or with fine which may extend
to Rs.1000 or with both.
12.
A
voluntarily burns a valuable security belonging to Z intending to cause
wrongful loss to Z. A has committed mischief.
13.
A
person is said to commit house breaking by night when he commits house breaking
after sunset and before sunrise.
14.
Where
no sum is expressed to which fine may extend, the amount of fine to which the
offender is liable unlimited but shall not be excessive.
15.
Attempt
to commit suicide is punishable with imprisonment of one year or with fine or
with both.
16.
Badiah
is not the kind of Shahhah.
17.
Whoever
wrongfully restrains any person in such a manner as to prevent that person from
proceeding beyond certain circumscribing limits is said wrongfully to confine
that person.
18.
Kidnapping
includes kidnapping from Pakistan and lawful guardianship.
19.
Wali
means a person who is entitled to claim Qisas.
20.
Limit
to imprisonment for non payment of fine, when imprisonment and fine awardable
shall not exceed ¼ of the imprisonment which is maximum fixed for the offence.
21.
When
an act is abetted and a different act is done, the abettor is liable for the
act done.
22.
The
word “Injury” denotes any harm whatever illegally caused to person (a) in body
(b) mind and (c) reputation or property.
23.
Qatl
Shibhi-i-Amd shall be liable to diyat and may also be punished with
imprisonment of either description for a term which may extend to 14 years as
Tazir.
24.
A
instigates B to murder C, B refuses to do so, A is guilty of abetting B to
commit murder.
25.
To
impute anything to a deceased person may amount to defamation.
26.
There
is no Qisas if an additional finger of the victim is cut.
27.
“Hadd”
means Punishment ordained by the Holy Quran or Sunnah.
28.
Tazir
means any Punishment other than “Hadd”.
29.
Common
intention is disclosed by the Facts disclosed in the evidence and surrounding circumstances
of the case.
30.
A
Local Law is applicable only to a particular part of the territories comprised
in Pakistan.
31.
The
injury denotes any harm whatever illegally caused to any person, in body, mind,
reputation or property.
32.
The
value of diyat is equivalent to 30630 grams of silver.
33.
In
case of Qatl, the wali shall be the Legal Heirs of the Victim.
34.
In
case of Qatl, if there is no Legal heir the wali shall be the Government.
35.
Qatl-i-Amd
would not be liable to Qisas when walis of deceased (wife) are also walis of
convict (husband).
36.
Minor
is not liable to Qisas as is apparent from the Provisions of Section 306.
37.
The
right of Qisas shall not be waived where the Government is the wali.
38.
Whoever
commits theft shall be punished with imprisonment of either description for a
term which may be extended to three years.
39.
Whoever
commits extortion shall be punished with imprisonment for a term which may be
extended to 3 years.
40.
Whoever
cheat by personation shall be punished with imprisonment f either description
for a term which may be extend to 14 years.
41.
A
mark used for denoting that moveable property belongs to a particular person is
called a property mark.
42.
Whoever
uses any false trade mark or any False property mark shall be punished with
imprisonment for a term which may be extend to One year or fine or both.
43.
When
an act is abetted and a different act is done, the abettor is liable for the
act done.
44.
The
word “death” denotes the death of a Human Being.
45.
Mere
words do not amount to assault.
46.
Section
63 to 70 of PPC authorize the award of imprisonment in default of payment of
Fine in cases of offences punishable under the PPC.
47.
A
false document made wholly or in part with the intent to cause damage or injury
to Public or any person commits forgery.
48.
Moveable
property includes not permanently fastened to anything, which is attached to
the earth.
49.
Public
servants includes person who holds any office of the Government.
50.
When
two or more persons, by fighting in a public place, disturb the public peace,
they are said to commit an affray.
51.
Whoever
kidnaps any person with the intent to cause that person to be secretly and
wrongfully confined shall be punished with Rigorous imprisonment for Seven
years and shall also be liable to fine.
52.
Whoever
intending to take dishonestly any movable property out of the possession of any
person without that person’s consent, moved that property in order to such
taking is said to commit Theft.
53.
Whoever
commit criminal breach of trust shall be punished with imprisonment of either
description for a term which any extent of Seven years or with fine or with
both.
54.
Arsh
denotes the compensation to be paid to the victim or his heirs.
55.
Without
exposing the bone of the victim, the accused is said to cause
Shahhah-i-Khafifah.
56.
Whoever
causes the Jurh in which the injury extends to the body cavity of the trunk, is
said to cause Jaifah
57.
Criminal
Conspiracy means when two or more persons agree to do or cause to be done an
illegal act or an act, which is not illegal but done by illegal means.
58.
Whoever
by force compels, or by any deceitful mean induces any person to go from any
place is said to abduct that person.
59.
The
words “Court of Justice” denotes A Judge or a body of Judges, which is
empowered by the law to an Judicially.
60.
Special
law denotes a law applicable to a particular subject.
61.
Local
law denotes a law applicable only to a particular part of territories comprised
in Pakistan.
62.
The
word “injury” denotes any harm whatever, illegally caused to any person in
body, mind, reputation or property.
63.
The
President has right to grant pardons repriques, respites or remissions of
punishment u/s 55-A.
64.
Whoever
fraudulently or dishonestly or with intent to injure or annoy any person make
in Court of Justice any claim which he knows to be false shall be punished with
imprisonment for two years and shall be liable to fine.
65.
Diyat
means the compensation payable to the heirs of the victim specified in the
Section 323 of the Pakistan Penal Code.
66.
In
case of Qatl, the wali shall be the heirs of the victim, according to his
personal law.
67.
Resistance
or obstruction by a person to his lawful apprehension is liable to be punished
with imprisonment of either description for two years or fine or both as given
in Section 225 of the Pakistan Penal Code.
68.
Qatl-i-Amd
not liable to Qisas if (a) the offender is a close related of the victim (b) if
the offender is a husband of the victim (c) when the offender is a minor or
insane.
69.
The
value of daman may be determined by the Court keeping in view (a) the expenses
incurred on the treatment of the victim (b) the loss or disability caused in
the functioning or power of any organs (c) the compensation for the anguish
suffered by the victim.
70.
The
arsh for causing Itlaf of a tooth shall be one twentieth of the diyat.
71.
Qisas
for qatl-i-amad shall not be enforced when the offender dies before the
enforcement of the Qisas.
True and False
1)
Under
the Penal Code not actual but constructive intention is required?
2)
Where
an offence is committed outside Pakistan, it is not punishable in Pakistan.
3)
The
Court of Criminal Justice in Pakistan dealing with a Pakistani citizen for an
offence alleged to have been committed on the high seas is not bound to apply
the provision of the Penal Code to the acts alleged against him.?
4)
Public
servants do not all officers or servants continued, appointed or employed in
Pakistan, by or under the authority of the Federal Government or any Provincial
Government.?
5)
Wrongful
loss is the loss by unlawful means of property to which the person losing it is
not legally entitled.?
6)
A
special law is a law applicable to a particular part of the territories
comprised in Pakistan.?
7)
Section
52 PPC says that an act is not done in good faith if it is not done with due
care and attention.
8)
The
amount of fine imposed on the accused should be beyond his means to pay, as to
make him feel the pinch of it.?
9)
Sentence
of imprisonment in lieu of fine to run in addition to sentence of imprisonment
imposed for offence and not concurrently.
10)
Mistake
of fact could be a defence if the same was in good faith and one was bound by law
to do it.
11)
Ordinarily
where a charge is proved against the principal offender, his abettor can’t be
convicted.?
12)
Definition
of abetment in section 108 PPC relates to instigation, conspiracy and
intentional aiding.?
13)
Person
instigating government officers to accept his offer to defraud government, such
action amounts to abetment.
14)
In
order to constitute a criminal conspiracy there should be a meeting of minds
for the purpose of doing an illegal act.
15)
If
two or more persons disturb the public peace by fighting in a public, are said
to commit rioting.?
16)
The
word gratification is restricted to pecuniary gratifications or to
gratifications estimate in money?
17)
A
person can’t be convicted where the personation is with the consent of the
person personated?
18)
Lumps
of unstamped copper, though used as money, are not coin.
19)
A
common nuisance may be excused on the ground that it causes some convenience or
advantage?
20)
Arsh
means the compensation specified in chapter XVI to be paid to victim or his
heirs.
21)
Whoever,
without any intention to cause death of, or cause harm to, any person, does any
unlawful act which becomes a cause for the death of another person is said to
commit qatl-bis-sabab.
22)
Mere
words don’t amount to assault.
23)
Without
getting the permission of the occupant or without a search warrant no stranger
including a police officer can enter the house of any person.
THE
CODE OF CRIMINAL PROCEDURE
1)
Besides
High Court & Courts constituted under any other law, there shall be 2 classes of Criminal Courts in Pakistan.
2)
According
to section 6 there are 7 classes of Executive Magistrates.
3)
An
Assistant Sessions Judge can pass any sentence authorized by Law except a
sentence of death, or of imprisonment for life or of imprisonment exceeding 7
years.
4)
Section
54 deals with arrest without warrant.
5)
Arrest
without warrant can be made by a police officer of any rank.
6)
Warrants
of arrest are of 2 kinds.
7)
Only
Executive Magistrate is empowered under section 127 to disperse an unlawful
assembly.
8)
An
unlawful assembly is an assembly consisting at least 5 persons.
9)
After
recording confession the accused is kept in judicial lockup.
10)
Information
by telephone or telegram is not considered incorrect.
11)
FIR
is required to be signed by the informant.
12)
A
police officer can investigate a non-cognizable officer without an order of the
Magistrate?
13)
Section
561-A deals with the inherent powers of High Court.
14)
A
mere certificate of a medical officer that a prisoner is of unsound mind is not
sufficient evidence of insanity and the medical officer must be called as a
witness and must be personally examined.
15)
Section
404 provides as all orders or judgments are not appealable unless otherwise
provided.
16)
Confirmation
of death sentence by the High Court must be signed by two Judges.
17)
Where
High Court refuses to confirm death sentence passed by the Session Court, the
Supreme Court has the power under Act 185 of the constitution to confirm the
death sentence passed by the Session Judge.?
18)
Additional
Evidence can be taken by the Appellate Court under Section 428.
19)
In
case of a woman accused custody to the police shall not be granted under
section 167 except in Qatl and Hurt cases.
20)
An
accused can be detained in custody of police, by the order of the Magistrate
under section 167 for a period of 15 days.
21)
Bailable
offences are offences punishable with Imprisonment less than 10 years.
22)
The
High Court can suo moto transfer cases under section 526.
23)
When
ever it is necessary to cause a woman to be searched, the search shall be made
strict regard to decency by another woman.
24)
A
person who commits a non bailable and cognizable offence or any proclaimed
offender may be arrested by a private person.
25)
In
normal circumstances, a police officer shall detain in custody a person
arrested without warrant for a period which does not exceed 24 hours.
26)
First
Information Report of a cognizable offence can be lodged by any person having
knowledge of the offence.
27)
The
police officer may investigate the non-cognizable case by the order of the
first or second class Magistrate having power to try such case.
28)
The
persons examined under section 161 by police officer shall be bound to answer
all questions relating to the case except those questions which would expose
him to a criminal charge or to a penalty or forfeiture.
29)
Statement
made by a person to a police officer in the course of investigation under
Section-161 not be signed by the person.
30)
Confessional
Statement can be recorded under section 164 by Magistrate of second class
specially empowered in this behalf.
31)
The
case diaries maintained by the police officer can be called for the accused or
his agent?
32)
A
is wounded within the local limits of the jurisdiction of Court X and dies
within the limits of the jurisdiction of Court Z. The offence of the culpable
homicide of a may be tried by either the Court X or Z.
33)
Any
Court may alter or add to a judgment at any time it is announced.
34)
A
is accused of theft on one occasion and of causing grievous hurt on another
occasion shall be tried separately.
35)
A
person who is charged with one offence, can be convicted of another.
36)
Copies
of statements of all the witnesses recorded under sections 161 and 164 and of
the inspection note recorded by an investigating officer on his first visit to
the place of occurrence shall be supplied to the accused free of cost.
37)
In
every trial before a Court of Sessions, initiated upon a police report, the
prosecution shall be conducted by the Public Prosecutor.
38)
Statements
recorded under section 342 shall be administered on oath.?
39)
In
criminal trial, evidence shall be taken in the presence of the accused or in
the presence of his pleader, when his personal attendance with.
40)
Death
sentence passed by the Court of Sessions needs Confirmation by the High Court
41)
A
is charged by a Magistrate of second class with, and convicted by him of, theft
of property from the person of B. A may be subsequently charged with, and tried
for, robbery on the same facts.
42)
Where
an accused person has pleaded guilty and has been convicted by the High Court,
Court of Sessions or the Magistrate of the First class on such plea there shall
be no appeal.
43)
During
the investigation of any case, the police may examine orally any person
supposed to be acquainted with the facts of the case and may reduce into
writing such statement under Section 161 Cr.P.C.
44)
In
Punjab, the Provincial Government may invest any Judicial Magistrate with power
to try all offences not punishable with death.
45)
A
Magistrate having First class Powers may pass sentence of imprisonment not
exceeding 3 years.
46)
For
declaring any person as proclaimed under Section 87 of Cr.P.C. the period
required to appear at a specified place and time should not be less than 30
days.
47)
Every
information relating to the commission of a cognizable offence if given to
officer Incharge of a Police Station, shall be reduced into writing under
section 154.
48)
Whether
during the investigation an accused is found innocent but is not discharged and
his fate is left to be decided by the Concerned Court, in column 2 of the
Police report the name of the said accused would be placed.
49)
The
form of FIR contains 6 Columns.
50)
In
case of non-completion of investigation within 14 days of the date recording of
FIR, the Officer Incharge of Police station shall within 3 days of expiry of
said period, forward interim report.
51)
Except
as otherwise expressly provided by Cr.P.C., or anny other Law, no Court of
Session shall take cognizance of any offence as a Court of original
jurisdiction unless case has been sent to it under Section 190 of Cr.P.C.
52)
When
a person is accused of more offences than one of the same kind, within the space
of 12 months from the first to the last of such offences, he may be tried, at
one trial for any number of them not exceeding three.
53)
Under
Section 249-A of Cr.P.C. the Magistrate can acquit the accused at any stage
after hearing both.
54)
In
all cases instituted upon police report, copies of the certain documents should
be supplied to the accused not later than 7 days before commencement of trial.
55)
In
case where accused or any of the accused does not adduce any Evidence in his
defence, the Court shall, on the close of the Prosecution case call upon the
prosecutor to sum up his case in the first instance.
56)
Offence
of Qatl-e-Amad can be compounded by the Heirs of the victim.
57)
After
signing the judgment, the Court of Session can review the same?
58)
A
Court of Additional Session Judge passed a sentence of 20 days. The convict may
file appeal in the ?
59)
A
person aggrieved by order of acquittal passed by any court other than High
Court file an appeal against the said order within 30 days.
60)
Under
first proviso of Section 497 Cr.P.C., the Court may grant bail to any person
under age of 16 years.
61)
High
Court may transfer any criminal case under Section 526 Cr.P.C.
62)
Irregularities
which do not vitiate trial have been mentioned under Section 537.
63)
Code
of Criminal procedure extends to the whole of Pakistan.
64)
Advocate-General
includes Government Advocate.
65)
Complaint
means the allegation made orally or in writing to a Magistrate.
66)
Inquiry
includes one conducted by a Magistrate or Court.
67)
Investigation
includes that which is conducted by a Police-Officer.
68)
Police
Station means Any Post or place declared by the Provincial Government to be a
Police-Station.
69)
Conditional
order for the removal of nuisance is made by the Magistrate u/s 133-Cr.P.C.
70)
The
Powers of a Magistrate under Section 145 Cr.P.C is the integral part of the
Preventive Jurisdiction of the Magistrate.
71)
Every
information relating to the commission of an offence whether orally or written
to the Police is called First Information report.
72)
Police
Officer is authorized under section 161 of the Code of Crime Procedure to take
down the statements of the witnesses or the accused.
73)
Section
164 of the Code of Crime Procedure deals with the Confessions and Statements.
74)
Whether
a Police-Officer may release the accused under Section 169 when evidence is
deficient against him.
75)
A
challan of the accused under Section 173 of the Criminal Procedure shall be
forwarded to a Magistrate through the Head of the Prosecutor in the District.
76)
Section
190 of the Criminal Procedure Code deals with the (i) a report under Section
173, Cr.P.C., (ii) Private complaint to the Magistrate.
77)
Section
249-A of the Code of Criminal Procedure gives powers to acquit the accused at
any stage of the proceeding by the Magistrate.
78)
An
accomplice means any person who is a guilty Associate or a partner in Crime.
79)
Modes
of Judgment are explained in Section 366.
80)
When
the Court of Sessions passes sentence of Death, the time period for the appeal
is 7.
81)
What
is the object of Section 382-B Cr.P.C.
82)
A
person once convicted or acquitted can not be tried again for same offence
under Section 403 of the Code.
83)
Appellate
Court may take additional evidence or direct it to be taken by the trial Court.
84)
A
revision shall lie to the High Court under Section 439.
85)
The
Sessions Judge may exercise the same powers of revision under Section 439-A of
the Cr.P.C., as are conferred on the High Court.
86)
A
person who is, illegally or improperly detained in public or private custody,
the remedy for him is (a) to submit a petition in Sessions Court u/s 491 (b) to
move a petition to the High Court under Article 199 of Constitution of
Pakistan.
87)
Bail
means to release the accused executing Bond.
88)
Post
arrest Bail is granted under Section 497-Cr.P.C.
89)
Pre
arrest Bail is granted under Section 498-Cr.P.C.
90)
If
it is proved that an accused person has absconded and that there is no
immediate prospect of arresting him the learned Trial Court may record evidence
in absence of accused u/s 512 of Cr.P.C.
91)
Under
what provisions of law, an accused person may be declared absconder 87 Cr.P.C.
92)
When
sureties are fail to produce the accused in the Court on the certain date then
they are (a) liable to the forfeiture of their Bond (b) liable to produce the
accused.
93)
If
any irregularity arises during proceedings before the Magistrate under Section
529, it may vitiate the proceedings?
94)
Under
Section 539-b Cr.P.C Judge or Magistrate may visit and inspect any place in
which an offence is alleged to have been committed.
95)
At
any stage of any inquiry or trial, or other proceeding the Court may Summon any
person as a witness or re-call and re-examine any person already examined under
section 540-Cr.P.C.
96)
Police
may seize property suspected to have been stolen u/s 550 Cr.P.C.
97)
Powers
of High Court u/s 561-A are not limited.
98)
A
charge is framed during Trial of a Criminal Case in the presence of Accused.
99)
After
framing charge, it is read over to the accused.
100)
Every
charge under the Code of Criminal procedure shall state the offence with which
the accused is charged.
101)
Copies
of the statement u/s 161 and 164 and other necessary documents shall be
supplied free of cost to the accused not less than 7 days.
102)
Court
of Magistrate of the second class may pass the sentence of imprisonment 1 year.
103)
Court
of Magistrate of the III Class may pass the sentence of Imprisonment 1 month.
104)
The
period of imprisonment awarded in default of payment of fine shall not exceed
One-Fourth of the imprisonment of the offence.
105)
Arrest
how made by actually touching.
106)
A
person reasonably suspected of being a deserter from the Armed Forces of
Pakistan, may be arrested without warrant by a Police Officer.
107)
Search
of place shall be made in the presence of Two witnesses of the locality.
108)
A
report by a Police-Officer in a non-cognizable case will not be a complaint
within the meaning of Section 4(1)(H) of the Code.
109)
A
complaint is required to be made only in a non-Cognizable case?
110)
Where
there is only an apprehension that an offence might be committed as in the case
of proceedings under Section 107 there is no complaint.
111)
Offence
means an act or omission liable to punishment.
112)
Where
attendance of accused is dispensed with under Section 540-A Cr.P.C. the charge
could be framed in his absence.
113)
After
recording confessional statement the accused is kept in judicial lock-up.
114)
An
unlawful assembly is an assembly consisting off at least Five Persons.
115)
In
case of confirmation of death sentence by the High Court it must be signed by
Two Judges.
116)
Pardon
can be granted to an accused under Section 337 Cr.P.C.
117)
Any
Court may alter or add to its judgment any time before judgment is signed.
118)
Power
of a Magistrate to Sentence to imprisonment in default of fine is contained in
Section 33 of the Code of Criminal Procedure.
119)
A
Magistrate specially empowered under Section 30 of the Code may try an offence
punishable with imprisonment for life.
120)
Village
headman, accountant, Land holder, and others bound to report certain matters
which are prescribed in Section 45 of Cr.P.C.
121)
Police
is empowered under Section 47 and 48 of the Code of Criminal Procedure enter a
residential house without first seeking permission to enter?
122)
The
provisions of Section No.54, 55, 109 Cr.P.C. are for the Offenders and Loafers.
123)
Section
58 Cr.P.C. does not authorize the pursuit into foreign territory for the
purposes of arrest.
124)
Section
59 of Cr.P.C., delegates powers to a private person who is authorized to arrest
any person who in his view commits a non-Bailable and cognizable offence or who
is a proclaimed offender.
125)
Section
No. 60 and 61 Cr.P.C., are not applicable to an arrest under the preventive
detention.
126)
Detention
of a Person in violation of requirement of Section No.61, 62, would be illegal
detention.
127)
An
accused can be discharged in a Criminal case registered by the Police Officer
under Section of 63, 167, 169 Cr.P.C.
128)
Order
of discharge of the accused under Section 63 would not prevent a complainant to
agitate the matter either on fresh evidence or to file a proper complaint
before a Magistrate.
129)
Every
summons issued by a Court under this Code shall be served by Police-Officer.
130)
The
summons shall be served personally on the person summoned.
131)
Every
warrant of arrest shall be signed by Presiding Officer of the Court.
132)
A
warrant issued by an Additional Sessions Judge under Section No.100 Cr.P.C is
without jurisdiction and can not be executed.
133)
A
Magistrate has jurisdiction under Section 107 Cr.P.C., to proceed against any
person where there is no information against him?
134)
A report, which is made u/s 174 of Cr.P.C. is
called Inquest Report.
135)
A
magistrate empowered under section 30 of Cr.P.C can award maximum sentence up
to 7 years.
136)
According
to section 32 of Cr.P.C the maximum sentence which may be awarded by Magistrate
1st Class is 3 years.
137)
A
person arrested by Police can be discharged by a Magistrate under section 63.
138)
Section
154 of Cr.P.C deals with Cognizable offence.
139)
The
Police Officer can release the accused by himself due to insufficient evidence.
140)
After
completion of investigation by Police Challan is submitted under section 173.
141)
Appeal
against acquittal will be filed before High Court under section 417.
142)
A
person convicted for a term exceeding 4 years can file appeal before High
Court.
143)
A
private complaint is to be filed under section 200 of Cr.P.C.
144)
The
Magistrate can acquit and accused under section 249(a) of Cr.P.C. at any stage
of trial.
145)
The
Additional Sessions Judge can acquit an accused at any stage of trial under
section 265(k).
LIMITATION
ACT 1908
TICK TRUE OR FALSE AS APPLICABLE
1.
Limitation
does not bar defence.
2.
Plaintiff
includes any person from or through who a plaintiff derives his right to sue.
3.
An
application made after the period of limitation shall not be dismissed but
would be rejected?
4.
Section
3 of Limitation Act deals with the definition?
5.
Bar
of limitation can be waved by the parties?
6.
In
execution proceedings court may entertain and raise the question of limitation.
7.
Where
the period of limitation prescribed for any application expires on the day when
court is close, application may be instituted on the day that the court
re-opens.
8.
A
delay in filing an application for revision may be condoned.
9.
Limitation
period would start from the date of amended decree when initial
10.
A
time fared suit under Section 5 Limitation Act may be entertained by show of
sufficient cause?
11.
For
the condonation of delay of appeal / application, is each day is to be
explained.
12.
Legal
Disability does not prevent the period from running.
13.
Existence
of sufficient cause is a condition precedent in case of Condonation of delay.
14.
Imprisonment
may constitute sufficient cause.
15.
Party
is entitled to claim condonation of delay as a matter of right.
16.
In
computing the period of limitation prescribed for any suit, the day from which
such period is to be reckoned shall be excluded.
17.
“Banning”
is the creator of the maxim, where limitation started to run nothing can stop
it.
18.
For
the computation of limitation period, the time where defendant is absent from
Pakistan shall not be excluded.?
19.
Limitation
Act is ‘lex fori’?
20.
Where
a suit is dismissed on ground of no cause of action subsequent suit is
dismissed on ground of no cause of action subsequent suit is barred on the same
compaction.
21.
Under
Section 19 of Limitation Act, when only acknowledgement of debt is considered?
22.
Section
26-29 and definition of Easement under section 2 of Limitation Act shall apply
to cases arising in territories to which the ‘Easement Act’ extends.
23.
In
suit for compensation for acts not actionable without special damage when the
limitation shall be computed from the time when the injury results.
24.
Suit
under Limitation Act does not include an appeal or an application.
25.
A
suit is instituted to case of a pauper when his application for leave to sue as
a pauper is made.
26.
Limitation
period for Specific Performance of Contract 3 years.
------------------------
FILL IN THE BLANKS
1.
Under
Limitation Act burden of proof rests upon the plaintiff to show that suit etc.,
was not instituted beyond the period of limitation.
2.
For
compensation in case of libel, the limitation period is one year.
3.
Condonation
may be granted under Section 5 if the appellant or applicant shows sufficient
cause.
4.
In
criminal appeals, criminal appellate court has power to excuse the delay.
5.
Institution
of appeal in wrong forum on advice of Counsel would not be a valid ground for
condonation.
6.
Legal
disability is want of legal qualification to sue owing to minority and Lunacy
and Idiocy.
7.
Legal
disability extends the period of limitation.
8.
Minor
is a person who has not completed the age of 18 years.
9.
Where
the disability to file a suit continues upto the death of a disabled person his
may institute the suiti within the same period after the death of disabled
person.
10.
Idiocy
soon after minority further extends the periods of limitation.
11.
Limitation
period for filing of suit, where no limitation is provided in Limitation Act would
6 years.
12.
Once
limitation has began to run no subsequent disability can stop it.
13.
In
computing the period of limitation prescribed for appeal/review, the time
requisite for obtaining a copy of decree /
order appealed from shall be excluded.
14.
A
suit for recovery of property from the hands of a trustee shall not be barred
by the flow of time.
15.
In
case of appeal, the time requisite for obtaining a copy of the decree shall be
excluded.
16.
Where
a person dies before the right to sue accrues the time of limitation will be
suspended.
17.
Limitation
does not bar the institution of suit, it only bar its
18.
Where
the defendant is out of Pakistan, that time shall be _________ for computation
of limitation.
19.
Limitation
Act is an ________ law.
20.
Plea
on limitation can be raised only against the ____________ and not as against
the ______________.
21.
Limitation
Act bars the _____ but does not destroy the right.
22.
Where
a party files a suit with due diligence and good faith in wrong Court, the
Court , the Court shall ____________.
23.
Where
a suit is filed in wrong Court, Court will _________ the suit.
24.
Where
the person dies after the right accrues, the time of limitation shall
__________ suspended.
25.
An
acknowledgment by minor is ________.
26.
Acknowledgement
of liability in writing ______ the period of limitation.
27.
Rights
of easements are acquired by Government after _______ years.
28.
Acknowledgment
should be signed either by the party himself or by __________.
FAMILY
COURT ACT & DISSOLUTION OF MUSLIM MARRIAGE ACT, 1939
1.
A
copy of Written Statement in family matters shall be delivered to the plaintiff
at the time of filing the same in the court.
2.
Plaint
for dissolution of marriage may contain all claims relating to dowry,
maintenance, dower, personal property and belonging of wife and custody of
children.
3.
Marriage
can be dissolved by the court without recording evidence at the stage of
pretrial reconciliation.
4.
The
decree of Family Court for dower not exceeding to Rs. 30,000/- is appealable.?
5.
The
parties can produce their evidence in the shape of affidavit in family matters.
6.
The
Family Court has the power of contempt of court in family matters.
7.
Lian
is also a ground for dissolution of Muslim Marriage as mentioned in Dissolution
of Muslim Marriage Act, 1939.
8.
Dissolution
of marriage can be sought on the ground of “opinion of puberty” if the girl was
married before the age of 16 years.
9.
Appeal
against decree of dissolution of marriage lies in certain cases.
QANOON-E-SHAHADAT ORDER
1.
In
all matters other than Hadood Law or any other special Law and also in matters
pertaining to financial or future obligations the number of witnesses to prove
or disprove some fact is one man or one woman.
2.
In
Hadood cases, the testimony of an accomplice is not permissible.
3.
Who
conducts identification parade Magistrate.
4.
The
plea of Alibi is applicable in Criminal cases.
5.
Generally,
in civil cases, character of any person is irrelevant.
6.
In
criminal cases, previous is bad character is relevant in reply.
7.
Which
of these is one of the exception to the rule that hearsay evidence is no
evidence both admission and confession.
8.
Power
of attorney is not a public document.
9.
Which
of these need not to be proved Both above mentioned.
10.
Facts
admitted need not to be proved in both civil and criminal cases.
11.
Estoppel
is applicable in civil cases.
12.
Burden
of proof is on the party who asserts something.
13.
If
a person takes the plea of right of self defence, then the burden of proof is
on the defence.
14.
A
person not called as a witness, is summoned to produce a document he can’t be
cross examined.
15.
In
criminal cases, bad character of an accused includes conviction of accused.
16.
Leading
questions may be asked in Cross Examination.
17.
The
good faith of a sale by a client to an advocate is in question in suit brought
by the client. The burden of proving the good faith of the transaction is on Advocate.
18.
A
is charged with traveling on a railway without a ticket, the burden of proof is
one the accused.
19.
A
sues B for money due on a bond. The execution of bond is admitted but B says
that it was obtained by fraud which A denies. The burden of proof lies on B.
20.
The
contents of document may be proved by either by primary or by secondary
evidence.
21.
The
question is whether A and B were married. The fact that they were usually
received and treated by their friends as husband and wife relevant.
22.
A
has obtained a decree for the possession of land against B and C. B’s son
murders A in consequence. The existence of the judgment is relevant.
23.
Inducement,
threat or promise of these impressions
if removed them the confession becomes relevant.
24.
Can
confession made to a police officer be proved?
25.
The
age of the person who understands the questions put to him and gives rational
answers to them to testify as a witness will be any age.
26.
An
admission generally can’t be proved on behalf of the maker.
27.
An
admission can be both i.e., oral and documentary.
28.
Judicial
notice can be taken in civil and criminal cases alike.
29.
Documentary
evidence can also be hearsay.
30.
Confession
can made by the accused.
31.
According
to Art-128 when a child is borne after 6 lunar months of marriage his paternity
is established not earlier than.
32.
According
to article 16 an accomplice is competent witness in all cases except in Hadood
cases.
33.
Article
128 of the Qanoon-e-Shahadat Order applies only to Muslims.
34.
Confession
before police officer is not admissible and there is an exception to this rule.
35.
There
are 2 parties in estoppels.
36.
Following
articles of Qanoon-e-Shahadat Order deals with estoppels Articles 114 to 116.
37.
Dying
declaration of a child is admissible
38.
Dying
declaration of a child is admissible.
39.
According
to article 3 a lunatic is not a competent witness.
40.
On
the testimony of only 1 female witness any fact in issue or relevant fact can
be proved and there are exceptions to this rule.
41.
Which
article of the Qanoon-e-Shahadat Order deals with “Identification Parade”
Article 22.
42.
Identification
Parade is held for the identification of persons only.
43.
Estoppel
is a rule of evidence.
44.
The
principle of “Res gestae” is incorporated in article 19 of Qanoon-e-Shahadat
Order.
45.
Which
article of the Qanoon-e-Shahadat Order provides that the evidence can be given
regarding any facts-in-issue and relevant facts Article 18.
46.
No
magistrate or police officer shall be compelled to disclose regarding the
source of information.
47.
No
one shall be compelled to give any evidence to derived from un publish records
to any affairs of the state.
48.
Under
article 15 a witness is not excused from answering any question relevant to the
matter-in-issue on the ground that answer to such question may incriminate him.
49.
An
accomplice is (i) a guilty associate or partner in crime (ii) an accomplice is
a person to whom pardon is granted.
50.
Relevant
facts are those facts which are declared to be relevant by the
Qanoon-e-Shahadat Order.
51.
A
fact is said to be not proved when it is neither proved nor disproved.
52.
Obligation
of an advocate regarding professional communication as stated in article 9 of
Qanoon-e-Shahadat does not continue after employment has ceased.?
53.
During
the custody ‘A’ an accused of murder stated to the police that he murdered the
deceased with knife committing the offence of, which he placed in his room. But
the knife is not recovered. Statement of ‘A’ can be proved against him?
54.
A
statement was made by a person as to cause of his death in a case in which the
cause of death of that person comes in question. Such statement is relevant
though the person who made it was not, at the time when it was made under
expectation of death.
55.
A
sues B for Rs.10,000/- and shows entries in his account books showing B to be
indebted to him for this amount. The entries are relevant.
56.
In
a case the point in dispute is, whether ‘A’ was the legitimate son of B. The
fact that ‘A’ was always treated as such by members of the family is not
relevant fact.?
57.
If
a document is required by law to be attested, it shall not be used as evidence
until atleast 2 attesting witnesses atleast have been called for the purposes
of proving its execution, if there be 2 attesting witnesses alive and capable
of giving evidence.
58.
An
attested document not required by law to be attested may be proves as if it was
un-attested.
59.
Presumption
of correctness is attached to the documents purporting or proved to be 30 years
old.
60.
Where
a person challenges the validity of a judgment, decree or order on the plea of
fraud, misrepresentation or want of jurisdiction he shall seek his remedy by
making an application to the court which passed the final judgment, Decree or
Order.
61.
Evidence
may be given by affidavit and court may summon the deponent for cross
examination.
62.
Limitation
for filing execution petition of a decree is 3 years.
COURT FEES ACT (1870)
1.
The
law of Court Fees consists of “36” Sections.
2.
The
Court Fees Act (1870) has no Schedules?
3.
The
Court Fees Act was passed in order to secure revenue for State.
4.
The
applicability of the Court Fees Act is upto the whole of Pakistan.
5.
The
term “Ad-valorem Court Fee” used in this Act means/denotes that according to
the valuation of the Subject satisfactorily ascertainable.
6.
The
Section dealing with “Computation of Fees” payable in certain suits is Section
7.
7.
The
suit for “Moveable Property” of no market value for the purposes of court fee
shall be computed under following clause of Section of Court Fee Act under
Section 7(iv) (a).
8.
The
suit to enforce a right of pre-emption for the purposes of Court Fees shall be
computed under following clause of Section of Court Fee Act under Section 7(vi)
a,b
9.
The
provision providing for the Abolition of Court Fee in certain cases IS
contained Section 7-A.
10.
Multifarious
suits under Section 17 of Court Fees act are concerned with two or more
distinct subjects.
11.
To
obtain a declaratory decree where consequential relief is prayed Court Fees is
computed according to Section 7(iv) of the Court Fees Act 1870.
12.
The
documents specified under Section 19 Fees Act are exempted from payment of
court fees.
13.
Which
of the following documents are exempted from the payment of court fees (a)
Power of Attorney to institute or defend a suit. When executed by an officer of
Pakistan Army not in Civil Employment. (b) Probate of a will, letters of
administration.
14.
Written
authority to an agent to distrain they are not chargeable with Court fees.
15.
The
mode of levying Court Fees is determined under the following Sections of the
Act 25-30.
CONSTITUTION OF THE ISLAMIC REPUBLIC
OF PAKISTAN
1.
The
name of the Republic according to Constitution of Pakistan is Islamic Republic of
Pakistan
2.
Islam
shall be the State religion of Pakistan according to Article 2.
3.
Objection
Resolution was passed by the first constituent assembly in the year 1949.
4.
The
territories of Pakistan shall comprise of Provinces of Baluchistan, N.W.F.P, Punjab,
Sindh, and Federal Capital Islamabad Capital territory & F.A.T.A.
5.
Any
right which has been guaranteed by the Constitution is called as Fundamental
right.
6.
The
Constitution of Pakistan 1973 consists of 280 Articles.
7.
No
person shall be deprived of life or liberty save in accordance with law is a
fundamental right guaranteed under Article 9.
8.
Objectives
Resolution has been made a part of the constitution of Islamic Republic of
Pakistan, 1973 under Article 2-A.
9.
According
to Article 41 of the Constitution, 1973 the President of Pakistan shall be the
head of State.
10.
A
person shall not be qualified for election as President unless he is not less
than 45 years of age.
11.
The
Electoral College for the election of President consists of the Members of both
houses; and the members of the Provincial Assemblies.
12.
President
shall be elected in accordance with the provisions of the Second Schedule.
13.
According
to Article 44 the President shall hold office for a term of 5 years.
14.
No
person shall hold the office of President for more than two consecutive terms.
15.
Majlis-e-Shoora
of Pakistan consists of President, National Assembly and Senate.
16.
The
National Assembly shall, unless sooner dissolved, continue for a term of 5
years.
17.
All
decisions of the National Assembly shall be taken by majority of the members
present and voting.
18.
Quorum
required for the National Assembly is 1/4th of the total membership.
19.
Senate
shall consist of 100 Members.
20.
The
term of the Members of the Senate shall be 6 years.
21.
The
Constitution of Pakistan, 1973 comprises of Seven Schedules.
22.
An
Ordinance promulgated by the President of Pakistan shall stand repealed at the
expiration of four months from its promulgation.
23.
The
President shall in his discretion appoint a Prime Minister from amongst the
Members of National Assembly.
24.
The
Prime Minister may resign his office by writing under his hand addressed to the
President.
25.
The
Chief Justice of Pakistan shall be appointed by The President.
26.
A
Judge of the Supreme Court shall hold office until he attains the age of 65.
27.
A
Judge of High Court shall hold office until he attains the age of 62.
28.
High
Court may make an order directing a person performing, within the territorial
jurisdiction of the court, functions in connection with the affairs of the
Federation, a Province or a Local authority, to refrain from doing anything he
is not permitted by law to do is a writ called as Writ of Prohibition.
29.
A
High Court may make an order requiring a person within the territorial
jurisdiction of the court holding or purporting to hold a public office to show
under what authority of law he claims to hold that office is a writ called as
Writ of Quo – Warranto.
30.
A
High Court may make an order directing that a person in custody within the
territorial jurisdiction of the Court be brought before it so that the court
may satisfy itself that he is not being held in custody without lawful
authority or in an unlawful manner-is a writ called as Writ of Habeas Corpus.
31.
Federal
Shariat Court shall consist of not more than Eight Muslim Judges.
32.
A
Bill to amend the Constitution may originate in either house.
33.
Writ
jurisdiction of the High Court is under Article 199.
34.
Constitution
of Pakistan, 1973 provides the Legislative lists in Schedule four.
35.
A
person shall not be qualified to be elected or chosen as a Member of National
Assembly unless he is not less than 25 years of age.
36.
A
person shall not qualified to be elected or chosen as a Member of Senate unless
he is not less than 35 years of age.
37.
President
of Pakistan is empowered to grant pardon under Article 45.
38.
Supreme
Court may make an order of the nature mentioned in Article 199 of the
Constitution of Pakistan, 1973 i.e., Writ Jurisdiction of High Court, under
Article 184(3).
39.
The
Cabinet, along with the Ministers of State, is collectively responsible to
National Assembly.
40.
The
Doctrine of Rule of Law is embodied in the Constitution of Pakistan, 1973 under
Articles 4 and 25.
41.
The
Qualifications for membership of Majli-e-Shoora are prescribed under Article
62.
42.
Disqualification
for membership of Majlis-e-Shoora are prescribed under Article 63.
LEGAL
PRACTITIONERS AND BAR COUNCILS ACT, 1973
1.
According
to Legal Practitioners & Bar Councils Act, 1973 Legal Practitioner means
(a) Advocate (b) Mukhtar and (c) Revenue agent.
2.
The
status of Bar Council is of ?
3.
The
term of Bar Council is not be more than 5 years.
4.
A
person is disqualified to be elected if he is found guilty of professional
misconduct.
5.
If
member of Provincial Bar Council is appointed as an Attorney General he has to
leave his seat in the Council vacant.
6.
A
member of Bar Council shall cease to be member if incurs any of the
disqualifications mentioned in the statute.
7.
It
is the function of the Bar Council to (a) prepare and maintain a common roll of
advocates (b) to lay down the procedure to be followed by its committees.
8.
An
advocate of HC is entitled to practice throughout Pakistan.
9.
Roll
of the advocates of Supreme Court shall contain name of advocates entitled to
practice in Supreme Court.
10.
An
advocate is enrolled if he makes an application to Provincial Bar Council.
11.
Final
decision against the appeal for enrolment is given by Pakistan Bar Council.
12.
The
advocate may be punished for his professional misconduct by way of (a) removal
from practice (b) suspension (c) reprimand.
13.
The
inquiry relating to conduct of advocates is conducted by Tribunal of Bar
Council.
14.
When
any advocate is suspended from practice under legal Practitioners and Bar
Councils Act, 1973, a record of the punishment shall be entered against his
name in (a) the Provincial roll (b) the roll of advocates of Supreme Court
maintained by Pakistan Bar Council (c) The common roll.
15.
Pakistan
Bar Council is composed of Attorney General and 20 members.
16.
The
appeal against the decision of Tribunal should be made within 90 days.
17.
The
disciplinary committee of Pakistan Bar Council has the power to pass an order
in Review.
18.
The
Pakistan Bar Council may by notification in the official gazette make rules as
to how (a) elections of the members are to be conducted (b) election of Vice
Chairman is to be conducted. (c) Any committee of the Bar Council is to be
constituted.
19.
The
Pakistan Bar Council has the Authority to make rules regulating standards of legal education.
20.
The
Provincial Bar Council may make rules to provide for (a) the constitution of
separate funds for special purposes by the Bar Council (b) maintenance of books
of accounts and other books by the Bar Council (c) appointment of auditors and
the audit of the accounts of the Bar Council.
CANONS OF PROFESSIONAL CONDUCT AND
ETIQUETTE
1.
What
does the “Professional Conduct” of a lawyer cannot compliance with high
standards of profession
2.
The
“Professional Ethics” tend to Regulate the conduct of legal practitioners.
3.
The
primary duty of a lawyer engaged in “Public Prosecution” is to Ensure that
justice is done.
4.
The
lawyer shall charge for his services what is his own judgment.
5.
Where
the lawyer fails to comprehend the case of his client, he must advice his
client to consult someone else.
6.
Where
the clients’ claim turns out to be vexations, he must relinquish the claim.
7.
In
all such cases that can be compounded, he must promote between parties
compromise.
8.
After
the case is over, the clients fund expends must be returned by lawyer to the
client.
9.
The
“Professional Conduct” of a lawyer demands that he must as a member of bar
upheld.
10.
A
lawyer must always be encouraging towards his juniors;
11.
The
“Professional Conduct” of a lawyer demands that he must as a member of bar
upheld the dignity of community.
12.
While
“reasoning” a lawyer must always resort to Dogmatic assertions.
13.
Where
a lawyer indulges into ‘self-advertisement’ it amounts to breach of etiquette
of profession.
14.
Where
a lawyer is a substantial witness in a case, in which he, appearing as counsel,
he must appear as a witness.
15.
After
accepting “Vakalatnama” a lawyer can discontinue to appear after obtaining
proper discharge.
16.
A
lawyer is to take instruction regarding the case from party to suit.
17.
The
lawyer yet can seek for adjournment only to for proper reasons.
18.
A
lawyer is to treat the adverse witness
fairly.
19.
Where
in respect of a matter he has acted in judicial capacity it is prohibited for
him to accept such employment.
20.
Standing
in “Fiduciary