FEDERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR RECRUITMENT TO POSTS
IN BPS – 17 UNDER THE FEDERAL GOVERNMENT, 2003.
LAW, PAPER – I
TIME ALLOWED: THREE HOURS MAXIMUM MARKS:100
NOTE: Attempt SIX questions in all, including question No. 9 which is COMPULSORY and carries 20 marks. All other questions carry EQUAL marks i.e. 16 each. Attempt at least one question from each of the parts.
PART – “A” (CIVIL PROCEDURE CODE)
1.Write a detailed note on the following of restitution.
- Explain the meaning and scope of “Inherent Powers” of the Court.
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Write short notes on the following:
(a) Judgment debtor
(b) Ex parte decree
PART – “B” (CONTRACT ACT) -
“Law does not countenance an agreement whereby it is sought to oust the jurisdiction of law courts.” Discuss and state whether there are any exceptions to this rule.
-
Write short notes on the following:
(a) Consideration (b) Contract of Guarantee
PART – “C” (LAW OF TORT)
- “No action lies for a wrong, which is authorized by the Legislature.” Comment.
-
Explain the maxim. “Actio Personalis Moritur cum Persona”.
-
Write short notes on:
(a) Abuse of legal process (b) Vicarious liability
COMPULSORY QUESTION
- Write only the correct answer in the Answer Book. Do not reproduce the questions.
(1) The Civil Procedure Code was enacted in:
(a) 1908 (b) 1809 (c) 1947 (d) None of these
(2) When a decision of a civil court is decree:
(a) No appeal lies therefrom (b) An appeal invariably lies therefrom (c) None of these
(3) Cause of action means:
(a) Subject matter of a suit (b) Relief claimed in a suit (c) Parties to a suit (d) None of these
(4) Written statement is a statement of:
(a) Plaintiff (b) Defendant (c) Witness (d) None of these
(5) (Missing)
(6) A sum of money payable under a decree may be paid:
(a) Into the court which passed the decree (b) To the decree holder out of the court (c) Both of these (d) None of these
(7)
(a) False (b) True
(8) A commission is appointed under the civil procedure code by:
(a) The parties (b) The provincial Government (c) The court (d) None of these
(9) A receiver is representative of:
(a) The court (b) Plaintiff (c) Defendant plaintiff (d) None of these
(10) Issues in a civil suit are framed by:
(a) The parties (b) Advocates of the parties (c) Witness (d) None of these
(11) In a contract of guarantee there are:
(a) Two parties (b) Three parties (c) Four parties (d) None of these
(12) Remedy of injunction is:
(a) Negative (b) Positive (c) Mitigation of damages (d) None of these
(13) Performance of a contract
(a) Cannot be avoided (b) May be avoided in certain circumstances
(14) A proposal when accepted becomes:
(a) An agreement (b) A contract (c) None of these
(15) An agreement to do an impossible act is:
(a) Voidable (b)Valid (c) None of these
(16) The word tort is derived from:
(a) Latin (b) Roman (c) English (d) None of these
(17) Malice is necessary ingredient in tort:
(a) True (b) False
(18) Wrongfully setting the law in motion is:
(a) Defamation (b) Fraud (c) Nuisance (d) None of these
(19) Where a person having right to enforce a claim abstains from enforcing it for a long time, it is called:
(a) Release (b) Acquiescence (c) Negligence (d) None of these
(20) Trespass to person without lawful justification involves:
(a) Assault (b) Battery (c) False imprisonment (d) All of these (e) None of these