Law CSS Paper I 2003

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.

  1. Explain the meaning and scope of “Inherent Powers” of the Court.

  2. Write short notes on the following:
    (a) Judgment debtor
    (b) Ex parte decree
    PART – “B” (CONTRACT ACT)

  3. “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.

  4. Write short notes on the following:
    (a) Consideration (b) Contract of Guarantee

PART – “C” (LAW OF TORT)

  1. “No action lies for a wrong, which is authorized by the Legislature.” Comment.

  2. Explain the maxim. “Actio Personalis Moritur cum Persona”.

  3. Write short notes on:
    (a) Abuse of legal process (b) Vicarious liability

COMPULSORY QUESTION

  1. 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

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