Civil Judge Past Paper of Civil Law-I 2020

Here you will find the Civil Judge past paper 2020 of the subject Civil Law-I. Civil Law-I is the first paper in Civil Judge Cum Judicial Magistrate’s competitive examination 2020. Find below the past paper of Civil Law-I for the year 2020.

CIVIL JUDGES CUM JUDICIAL MAGISTRATES
COMPETITIVE EXAMINATION, 2020

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

A holding company “AZU Limited Company”  executed a guarantee of worth Five Hundred Thousand Rupees on behalf of its subsidiary company “AUB Limited Company” via written contract in favor of AKL Bank promising thereby that in case of default by AUB, AZU will discharge the liability Bank demanded the compliance of the guarantee executed and subsidiary refused to execute it, therefore, Bank asked the guarantor i.e. holding company to fulfill its promise. AZU company also declined to execute the guarantee demanded.

Q1. In your opinion, explain whether there is a valid contract of guarantee between the parties. Also, explain the importance of the essential elements required for the formation of a valid contract of guarantee.

Q2. Write an opinion advising the Bank on the various possible option(s) available for the enforcement of the contract of guarantee along with the liability of the guarantor.

Part-II

Q3. According to the principles of established Muslim jurisprudence and relevant law of the land, the father is the natural guardian (wali) of the person and property of a minor child, whereas custody is not a matter of right for the parents or any other person claiming for them. The basic consideration is the welfare of the child in matters of custody i.e. to provide to the child the most natural, most considerate, and most compassionate atmosphere to grow up as a better member of society.

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Discuss the concept of appointment of a guardian and highlight the difference between the notions of “guardianship” and “custody” in light of the relevant provisions of law.

Q4. Discuss the grounds for the removal of a guardian and the cessation of the authority of a guardian.

Part-III

Q5. Explain the following statement in light of the relevant provisions of law and judgments laid down by the superior courts of Pakistan:

“where once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop it.”

Q6. Write down the limitation period prescribed in the relevant law for the following suit/appeal:

  1. Suit for compensation of false imprisonment
  2. A Suit for compensation for malicious prosecution
  3. Suit for compensation for infringing copyright etc
  4. A suit under order 37 CPC
  5. Suit to declare the forgery of an instrument issued or registered
  6. The suit to set aside a decree obtained by fraud etc
  7. Suit for arrears of rent
  8. A Suit for specific performance of a contract
  9. Suit for possessions of immovable property when the plaintiff has been dispossessed
  10. An appeal under Arbitration Act, 1940 to set aside an award.
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Part-IV

Q7. Critically discuss and analyze the concept procedure of Talaq laid down in the relevant law and consequences of failure to give notice of Talaq to the Chairman of a union council, meaning thereby what would be the effect if the husband while divorcing failed to give any notice of Talaq to the Chairman in light of the rulings of Superior Courts.

Q8. Define and discuss the following provision of the West Pakistan Family court Act 1964:

  • Sec. 9
  • Sec. 14
  • Sec. 10 and 12
  • Sec. 17-A

Part-V

Q9. Write an order while determining the rights of the parties and disposing of the suit on the basis of the following facts in light of the relevant provisions of law:

Ahmad purchased a shop No. F-426, which was owned by Noor Begum and others through a sale deed dated 02.09.2020 in lieu of Rs. 500,000/-, however, allegedly ostensible sale price was shown as Rs. 725,000 only to the Faisal from exercising the right of pre-emption. Faisal allegedly gained knowledge about the transaction in question on 22.09.2020 through Muhammad Shakil in presence of Ameer Hamza and Muhammad Shehbaz there and then he made a jumping demand whereafter on the same day he sent the notice of Talb-e-Ishhad to Ahmad but on refusal he instituted for possession on the basis of pre-emption being Shaf Shareek.

Q10. Ahmad and Bilal(respondent No. 1 & 2) preferred an ejectment petition in terms of Section 15 of Punjab Rented Premises Act 2009 of relevant laws seeking eviction of the petitioner (Ali) from the suit property on multiple grounds including expiry of the tenancy agreement. Ali moved an application for leave to contest wherein he asserted that he paid Rs. 30,00,000/- to the original landlord/owner as a ‘pagri’ and no notice in terms of Section 30 of ‘The Act 2009’ has been issued to him by Ahmed and Bilal.

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In light of the above-mentioned facts read with the relevant provision of law and judgment laid down by the superior courts, Can Ali claim the tenancy in perpetuity merely as a premium on account of alleged payment of ‘pagri’?

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Noor
Noor

Very impressive

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