CSS Law Past Paper 2009
Paper-I
PART-II (Subjective) 80 Marks
Attempt ONLY FOUR Questions from PART-II selecting at least ONE question from EACH SECTION. (20×4)
PART-II
SECTION-I (THE CODE OF CIVIL PROCEDURE)
Q.2 In which of the following circumstances a High Court cannot call for the record of a case for revision, which has been decided by a subordinate court?
(A) Where the subordinate court has failed to exercise a jurisdiction vested in it?
(B) Where the subordinate court has exercised a jurisdiction not vested in it?
(C) Where the subordinate court has exercised a jurisdiction not vested in it and one of the parties to that case who has a right of appeal has failed to prefer an appeal?
(D) Where the subordinate court has acted in the exercise of a jurisdiction vested in it illegally or with material irregularity?
Which of the above statements is correct? Support your choice with arguments and state the relevant principle of law.
Q.3 Discuss and differentiate between res judicata and unilateral res-subjudice by giving examples.
Q.4 Which of the following is a ground for appeal to the High Court from a decree passed in appeal by a District Court?
(A) The decision of the District Court being contrary to the procedure provided by the Civil Court Ordinance (II of 1962);
(B) The District Court having exercised a jurisdiction not vested in it;
(C) The decision of the District Court being contrary to the procedure provided by the Code of Civil Procedure (V of 1908);
(D) All of the above.
Which of the above statements is correct? Support your choice with arguments and state the relevant principle of law.
SECTION-II (THE CONTRACT ACT)
Q.5 One evening while shifting through your “junk mail”, you see an advertisement in a catalogue distributed by the local computer store advertising a pocket PC that you wish to buy. The PC usually sells for Rs.30,000/-, but the catalogue price is Rs.20,000/-. Next morning you go to the store with Rs.20,000/- to buy the PC, where you are told that the price in the catalogue is wrong, but you can buy it for Rs.30,000/-. Can you insist on buying the PC for Rs.20,000/-? Why or why not? Discuss in detail by referring to the relevant provisions of law.
Q.6 Discuss and differentiate between bilateral and unilateral contract by giving examples.
Q.7 At a meeting of coin collectors, Sulman offers his entire coin collection to Bilal for Rs.25,000/-. Bilal, a more wise collector than Salman, knows that the collection is really worth about Rs.40,000/-. The next day, Bilal posts a letter to Salman accepting the offer, enclosing a bank cheque for Rs.25,000/-. That evening, Bilal receives a phone call from Sulman, saying that the offer to sell the collection for Rs.25,000/- was withdrawn. Bilal replied “You cannot revoke your offer! I have already accepted it. I posted you a Bank cheque Rs.25,000/- at 2 o’clock this afternoon.” Salman then told Bilal that he had already sold the collection to another collector for Rs.30,000/-. Can Bilal sue Salman? Why or why not? Discuss in detail by referring to the relevant provisions of law.
SECTION-III (LAW OF TORTS)
Q.8 The “Sach Khabrain” is a programme of political comment and news produced by National Cables, a private television company that broadcasts weekly. Last week’s programme included a feature on Raja Farman, an MPA of Lunda Mastan, a rural constituency in the west of Punjab. The feature consisted of a short ‘news-item’ read by a presenter as follows:
“And now startling news of Raja Farman MPA! Lunda Mastan police have confirmed that they have interviewed Raja Farman in connection with allegations of unlawful stocking of wheat on his farm. Raja Farman was last night unavailable for comment.”
Global Cables have now received a letter from Raja Farman’s lawyer stating that he intends to bring an action for defamation. The letter points out that while the police had indeed interviewed Raja Farman in connection with unlawful stocking of wheat on his farm, the subject of the investigation had been one of Raja Farman’s employees, not the MPA himself, and no charges had been brought.
Advise those responsible for the broadcast.
Q.9 Discuss and differentiate between torts actionable per se and torts which are not actionable per se by giving examples.
Q.10 Dildar is trying to sell mobile phones and offers a free gift for those who attend his presentations. Shamshad and Noshad decide to go to attend the presentation. The invitation to the show states that ‘all guests are respectfully required to remain in the seminar room for the entire presentation.’ Halfway through the show, Shamshad tries to leave the room but is told that he cannot leave until the end. Noshad is happy with the show but is offended when he later learns that he could not have left if he had wanted to. Meanwhile, Dildar jokingly slaps Shamshad on the shoulder telling him that he really will enjoy himself if he stays. Shamshad calls Dildar a corrupt cheat and laughs towards him. Dildar retaliates by hitting Shamshad and then locking him in a storeroom until the end of the show. On being released, Shamshad grabs his free gift (which has his name on it) but Dildar grabs it back saying that Shamshad cannot have it until he apologizes.
Discuss the liabilities of Dildar and Shamshad.
Paper-II
PART-II (Subjective) 80 Marks
Attempt ONLY FOUR Questions from PART-II selecting at least ONE question from EACH SECTION. (20×4)
PART-II
SECTION-I (QANUN-I-SHAHDAT ORDER, 1984)
Q.2. Imam Bakhsh against whom a trial for theft was going on once went to the mosque of the local Police line for reading zuhar prayer. The imam of the mosque, Rahmat Ullah Shah, was a very kind and pious person. Imam Bakhsh while talking to the imam sahib confessed that he had committed the theft. Is the confession relevant? Why or why not? Discuss in details.
Q.3. Discuss and differentiate between Admission and unilateral confession by giving examples.
Q.4. Briefly state the cases in which secondary evidence relating to documents may be given.
SECTION-II (CRIMINAL PROCEDURE CODE, 1898)
Q.5. A, an accused of murder, was convicted to death sentence by a Session Judge. When the judgment of the Session Judge was submitted to the High Court for confirmation, the High Court annulled the judgment of the Session Judge and sentenced the accused to 14 years rigorous imprisonment. Is the High Court empowered to do so? Why or why not? Discuss in detail by referring to the relevant provisions of the Code of Criminal Procedure.
Q.6. Discuss and differentiate between F.I.R. and Complaint by giving examples.
Q.7. Suppose you are a Session Judge, who has sentenced an accused person to the death sentence. The death sentence has been got confirmed by the High Court, and the warrant of the execution of the sentence has properly been issued. One day before the execution of the sentence, the family of the accused as well as of the deceased person file an application in your court informing that they have entered a compromise, and they request that the death sentence should be annulled. Are you, as a Session Judge empowered to annul the sentence? Why or why not? Discuss in detail by referring to the relevant provisions of Code of Criminal Procedure.
SECTION-III (PAKISTAN PENAL CODE, 1860)
Q.8. Salamat Khan, who was invited by his close friend, Sharafat Khan to a dinner had about three glasses of lasi. Just to play a joke with Salamat Khan, his friend Sharafat Khan had secretly mixed in the lasi some locally made wine. In result of drinking that lasi, Salamat Khan was fully under the effect of that intoxicant. While he was walking back to his locality late in night, he severely needed some cigarettes, but unfortunately the shops were closed. In the way he found a super store and he expected to find some cigarettes there. Since it was late in night and there was nobody around, therefore, he smashed the window and picked a box of Gold Leaf. But unfortunately, while he was getting out of the store, a police patrol party arrested him. Salamat Khan has committed:
- Trespass only.
- Theft plus Trespass.
- Decoity only.
- No offence.
Which of the above statements is correct? Support your choice with arguments and state the relevant principle of law.
Q.9. Discuss and differentiate between Wrongful Restraint and Wrongful Confinement and by giving examples.
Q.10. A, who was in a severe need of money, waited in an alley until another person, B walked by on the street. Then, stepping out of the alley, he stuck his hand in his pocket with his finger thrust forward and said, “I’ve got a gun in this pocket.” Snatching B’s purse with his other hand, he ran away because B thought that he had a gun, he did not attempt to stop him. Select the offence of which A is most likely to be properly convicted.
- Cheating.
- Decoity.
- Robbery.
- Extortion.
Which of the above statements is correct? Support your choice with arguments and state the relevant principle of law.