Law CSS Paper I 2001

FEDERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR RECRUITMENT TO POSTS
IN BPS – 17 UNDER THE FEDERAL GOVERNMENT, 2001.

LAW, PAPER – I

TIME ALLOWED: THREE HOURS MAXIMUM MARKS:100

NOTE: Attempt SIX questions in all, including question No. 10 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. Give essentials of the principle of Res-judicata. What is the distinction between the principles of Res-judicata and Res-judice?

2. Write short notes on:
   (a) Legal Representative (b) Mesne Profits of property (c) Constructive Res-judicata

3. What do you understand by the “Representative suit”?

PART – “B” (CONTRACT ACT)

1. Define “void contracts” and “voidable contracts”. Explain the difference between the two by illustrating your answer.

2. On whom does the burden of proving undue influence lie? Discuss the subject with special reference to “parda-nashin” ladies.

3. Explain and define the following by giving illustrations and stating their effect on contracts:
   (a) Fraud
   (b) Coercion

PART – “C” (LAW OF TORT)

1. What is the difference between:
   (a) A tort and a crime (b) A tort and a breach of contract

2. How far a motive and malice are relevant in an action of tort? What are various kinds of malice? Explain.

3. Explain the following:
   (a) Malfeasance (b) Misfeasance (c) Non-feasance

COMPULSORY QUESTION

1. Write TRUE OR FALSE in the Answer Book. Do not reproduce the questions.
   (1) Interpleader suit is a suit between pleaders. [True/False]
   (2) All orders are appealable. [True/False]
   (3) No appeal shall lie from an Original decree passed ex-parte. [True/False]
   (4) Where the relief claimed by the plaintiff is under-valued, the Court can require the plaintiff to correct the same and if not corrected can reject the plaint. [True/False]
   (5) Additional evidence can be allowed to be produced by an appellate Court. [True/False]
   (6) A civil Court can reconsider and revise its own order, judgment, and decree. [True/False]
   (7) Only one appeal lies from the appealable orders. [True/False]
   (8) A tort and a crime is one and the same thing and both can be tried by a civil court. [True/False]
   (9) All persons are entitled to sue and liable to be sued in tort. [True/False]
   (10) The greater the truth, the greater is libel. [True/False]
   (11) A person cannot be liable in respect of wrongful acts or omissions of another under any circumstances. [True/False]
   (12) Entry on the land of another person without his consent is not justifiable even on the ground of necessity. [True/False]
   (13) A wife may, sue her husband for the protection and security of her own separate property but the husband has no such corresponding right against her. [True/False]
   (14) Legal damage is the same as actual damage. [True/False]
   (15) An agreement has no legal status but a contract is enforceable at law. [True/False]
   (16) A contract entered into on account of mis-representation is VOID/VOIDABLE. [True/False]
   (17) All contracts are agreements but al agreements are not contracts. [True/False]
   (18) Agreements by way of wager are VOID/VOIDABLE. [True/False]
   (19) “A” lost his purse containing Rs. 10,000. He arranged publication of a reward of Rs. 1000 to the finder on its return. “B” found the purse but when he went to return it to “A”, “A” refused to pay the reward. Can “B” sue for the reward and retain the purse until he receives the reward? [Yes/No]
   (20) “Recission” is the cancellation of a voidable contract. [True/False]