FEDERAL PUBLIC SERVICE COMMISSION
SPECIAL COMPETITIVE EXAMINATION – 2023
FOR RECRUITMENT TO POST IN BS – 17
UNDER THE FEDERAL GOVERNMENT
LAW
TIME ALLOWED: THREE HOURS
PART-I (MCQs) : MAXIMUM 30 MINUTES
(PART-I MCQs) MAXIMUM MARKS: 20
(PART-II) MAXIMUM MARKS: 80
NOTE: (i) First attempt PART-I (MCQs) on separate OMR Answer Sheet which shall be taken back after 30 minutes.
(ii) Overwriting/cutting of the options/answers will not be given credit.
(iii) There is no negative marking. All MCQs must be attempted.
PART-I (MCQs)(COMPULSORY)
Q.1. (i) Select the best option/answer and fill in the appropriate Box on the OMR Answer Sheet.(20×1=20)
(ii) Answers given anywhere else, other than OMR Answer Sheet, will not be considered.
1. In Section 165 of the Code of Criminal Procedure 1898, what is the prerequisite for a police officer to conduct a search?
(A) Written permission from a Magistrate (B) Sufficient evidence of the accused’s guilt (C) Reasonable grounds for belief and recording of such grounds (D) All of these
2. What is the primary purpose of forwarding investigation reports to magistrates as per Section 173?
(A) To expedite the trial process (B) To keep the accused informed (C) To evaluate the credibility of the informant (D) None of these
3. What is the consequence of not completing an investigation within 14 days of recording the first information report, as per the proviso to Section 173?
(A) The accused must be released unconditionally (B) The case will be transferred to a higher court (C) The accused will be released on bail (D) None of these
4. In which situation, an act considered to be done “voluntarily”?
(A) When the act is done unknowingly (B) When the act is done without any intent (C) When the act is done intentionally (D) None of these
5. What is the term used to describe a law that is applicable only to a specific part of the territories?
(A) Particular law (B) Regional law (C) Special law (D) None of these
6. Res Judicata may not apply if
(A) The decision was made by a lower court (B) The parties are different but the issues are similar (C) The decision was made in a criminal case (D) None of these
7. In the context of interest, a decree for the payment of money may include interest at a reasonable rate
(A) From the date of the suit to the date of the decree (B) On the interest adjudged for any period prior to the institution of the suit (C) On the aggregate sum from the date of the decree to the date of payment (D) None of these
8. Under Section 35A CPC, if a false or vexatious claim or defense is disallowed, abandoned, or withdrawn, the Court may order
(A) Seizure of the claimant’s assets (B) Payment of costs by way of compensation (C) Payment of damages (D) None of these
9. Which of the following is a condition that prevents the execution of a decree after a certain period of time?
(A) The judgment-debtor has appealed the decree (B) The judgment-debtor has left the jurisdiction of the Court (C) The judgment-debtor is a minor (D) None of these
10. In the context of execution of a decree, who is considered a “legal representative”?
(A) Any person claiming to be the heir of the deceased (B) The executor of the deceased’s will (C) The person who is appointed by the Court to represent the deceased (D) None of these
11. Which of the following communications during marriage can be compelled to be disclosed?
(A) Any communication made during marriage (B) Any communication made between spouses related to family property or assets (C) Communications related to criminal activities (D) None of these
12. When can a witness refuse to produce his title deeds to any property?
(A) When he has lost the title deeds (B) When he holds the property as pledgee or mortgagee (C) When he agrees in writing not to produce them (D) In all of the above cases
13. According to the Qanoon-i-Shahadat Order 1984, when is a fact considered “proved”?
(A) When the court believes it exists beyond a reasonable doubt (B) When the fact is supported by oral and documentary evidence (C) When the court finds it likely to exist under the circumstances (D) None of these
14. In cases of financial or future obligations, how must an attestation of an instrument be done according to Article 17 of the Qanun-e-Shahadat Order?
(A) Two men or four women must attest (B) Two men or one man and two women must attest (C) Only two men are required to attest (D) None of these
15. In the absence of any direction to the contrary, what are the local limits of jurisdiction for a Civil Judge?
(A) Limited to the tehsil where the court is located (B) The same as the District Judge’s jurisdiction (C) Limited to the city where the court is located (D) None of these
16. What power does a District Judge have regarding the distribution of civil business among Courts?
(A) The power to appoint judges for specific cases (B) The power to transfer cases to higher courts (C) The power to decide on the jurisdiction of each Court (D) None of these
17. What are the two main pieces of legislation dealing with arbitration in Pakistan?
(A) Recognition and Enforcement Act 2011 and the Foreign Awards Act 2000 (B) Arbitration Act 1940 and the Recognition and Enforcement Act 2011
(C) Arbitration Ordinance 1958 and the Foreign Awards Act 2000 (D) None of these
18. In what circumstances can an arbitrator delegate his functions to another person?
(A) If the arbitration agreement specifically allows it (B) If one of the party raises objection on the neutrality of arbitrator (C) If it’s a purely ministerial act (D) None of these
19. When does the court have the power to modify or correct an award?
(A) When the award is a non-speaking award (B) When the award contains an obvious error (C) When the award is indefinite and cannot be executed (D) None of these
20. What is the significance of the doctrine of repudiation in arbitration?
(A) It allows an arbitrator to delegate authority (B) It provides grounds for setting aside an award (C) It addresses the irrevocable nature of waiver (D) None of these
**********
PART-II
TIME ALLOWED: THREE HOURS
PART-I(MCQS): MAXIMUM 30 MINUTES
PART-I (MCQS) MAXIMUM MARKS = 20
PART-II MAXIMUM MARKS = 80
NOTE: (i) Part-II is to be attempted on the separate Answer Book.
(ii) Attempt ONLY FOUR questions from PART-II. ALL questions carry EQUAL marks.
(iii) All the parts (if any) of each Question must be attempted at one place instead of at different places.
(iv) Write Q. No. in the Answer Book in accordance with Q. No. in the Q.Paper.
(v) No Page/Space be left blank between the answers. All the blank pages of Answer Book must be crossed.
(vi) Extra attempt of any question or any part of the question will not be considered.
Q. 2. Describe the rights of a person arrested without a warrant, as outlined in the Code of Criminal Procedure. How do these rights balance the state’s power to arrest and detain individuals with the constitutional rights of the accused? (20)
Q. 3. Provide an in-depth analysis of the right of private defence as presented in the PPC. Explore the scenarios under which individuals can exercise this right, the limitations imposed, and the balance between protecting oneself and preventing excessive harm. (20)
Q. 4. Discuss the provisions related to the transfer of suits and proceedings under the Code of Civil Procedure, 1908. Explain the circumstances under which a suit can be transferred from one court to another and the implications of such transfers on the litigation process. (20)
Q. 5. Critically analyze the exception to the general principle of personal liability and its application in holding legal representatives accountable during the execution of a decree against a deceased judgment debtor. Investigate the criteria utilized by courts to evaluate the extent of this liability, taking into account the framework within the Code of Civil Procedure. (20)
Q. 6. An individual is detained by the police without being produced before a Magistrate within a reasonable period. Explain the violation of the Code of Criminal Procedure and the individual’s rights, considering the maximum permissible time for detention without a special order. (20)
Q. 7. Examine the process of recording information in cognizable cases. Discuss the importance of converting oral information to writing, the role of informants, formalities of signing, and the purpose of maintaining accurate records in a prescribed book. (20)
Q. 8. Describe the principles governing the competency of witnesses according to the Qanoon-i-Shahadat Order 1984. Compare and contrast the grounds on which a person might be considered competent or incompetent to testify, highlighting the role of age, health, character and other factors. (20)
**********