Civil Judge Past Paper of Civil Law-I

Here you will find the Civil Judge past paper of the subject Civil Law-I. Civil Law-I is the first paper in Civil Judge Cum Judicial Magistrate’s competitive examination. Find below the past paper of Civil Law-I.

LAHORE HIGH COURT, LAHORE
CIVIL JUDGES CUM JUDICIAL MAGISTRATES
COMPETITIVE EXAMINATION, 2017

PAPER – I CIVIL LAW -I

TIME ALLOWED: 03 HOURS TOTAL MARKS: 100
NOTE: (i) Attempt ONE question from each PART (ii) All questions carry equal marks

PART-I

Q1. Aslam is a young businessman who has just graduated from University. He decides to start up a business, which organizes marriage functions within Lahore — seeing an opportunity in a local market. Aslam approaches Bank for obtaining a loan to secure office premises. The bank is impressed by his business plan, but given his inexperience, is only willing to lend him Rs.20.00 Million, if the loan is guaranteed.

One evening, Aslam and a representative from Bank go to visit Aslam’s mother in a village. Aslam’s mother (Sakina) is seventy years old and she has been in the village for nine years after a car accident in which her husband was killed. As a result of the accident, she suffered a major brain hemorrhage and has lost most memories of her life, and suffers from some language comprehension difficulties. She is very passive and she was heavily reliant on her husband for emotional and financial support.

Aslam shows her mother the contract and tells her: “The Bank just wants to make sure that everything will be okay with my new business. They just want to make sure that someone will pay them if it goes broke, but I am sure it won’t come to that. Can you just sign here?” Her signatures are obtained on the deed of guarantee.

Is Aslam’s mother liable under the guarantee? Explain your opinion with reasons.

Q2. Knowing that Javaid wanted to sell his car so that he could buy a new one, Farooq sent him an e-mail message saying, “I will give you Rs. 1,500,000/- for the car, “Javaid replied”, Interesting suggestion. Would you go to Rs 1,800,000/-? In response, Farooq sent a further message stating, “Yes. Consider it sold at Rs. 1,800,000/-. No need to reply. I will collect it later in the week”. However, Farooq later learned from a mutual friend that Javaid had then accepted a higher offer for the car from someone else. Consequently, he was very surprised when it turned out that Javaid’s other deal had fallen through and that Javaid was now expecting Farooq to buy the car. Farooq angrily refused to do so.

Discuss the rights, duties, and remedies, if any, of Farooq and Javaid arising out of negotiations for the sale of Javaid’s car.

PART-II

Q3. The marriage between Sarwar and Rashida was performed on 5.12.2006. The minor Amina was born on 31.1.2008. The mother along with the minor left the matrimonial home on 9.9.2017. The father files a petition before the Guardian Court for the custody of the minor. During the pendency of the main case, the father also files an application for the interim custody of the minor.

Write order on the application for interim custody of the minor.

Q4. Marriage between Abu Bakar and Rakhshanda was solemnized in England.

After few years differences arose between the spouses and resultantly they started living separately in England. Subsequently, Rakhshanda came to Lahore on 8th May 2017 and instituted suit seeking a decree for the dissolution of marriage before the Family Court in Lahore. She also authorized her brother through Special Power of Attorney to pursue the case on her behalf before the Family Court. On 2nd June 2017, Rakhshanda left for England. Abu Bakar through an application questioned the jurisdiction of the Family Court.

Discuss whether the objection of Abu Bakar is valid.

PART-III

Q5. Define the term “right of pre-emption”. Discuss the persons who are entitled to exercise such right.

Q6. What do you understand by the term “market price” for the purpose of preemption? Discuss the procedure for the determination of such a price.

PART- IV

Q7. What are the obligations of the landlord and tenant under the Punjab Rented Premises Act,2009?

Q8. What is the definition of a tenant? Explain in detail the grounds for eviction of tenant from the premises.

PART V

Q9. Write a comprehensive note on the “Doctrine of Acknowledgment” as provided in the Limitation Act 1908?

Q10. Define legal disability. What is the effect of disability on a suit for pre-emption?

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