CSS Law 2012

PART-II

SECTION – I (THE CODE OF CIVIL PROCEDURE)

Q.2. Write short notes on the following: (4 + 4 + 4 + 4 =16)

(a) What are the characteristics of a decree? How is it distinguished from an order?

(b) Transfer of decree to court in another Province and Power of the court in executing transferred decree.

(c) Mesne Profit

(d) Differentiate between Preliminary decree and final decree.

Q.3. Explain and illustrate: (8 + 8 =16)

(a) The Principle of Resjudicata

(b) How will it be differentiated from Estoppel?

Q.4. Discuss the following, support your answer with arguments: (4 + 4 + 4 + 4 =16)

(a) What is a foreign judgement and under what conditions can a foreign judgement be considered as not conclusive?

(b) A sues B in England and the English Court dismisses the case without going into the merits. Can A file a case on same cause of action again against B in Pakistan?

(c) What is meant by attachment before Judgment?

(d) What is a Summary Suit and how its procedure differs from an Ordinary Suit?

SECTION – II (THE CONTRACT)

Q.5. A offers to buy precious gems from B at Lahore, B accepts the offer by a letter, however, A never received a letter which was lost during its transit. Subsequent to posting the letter B sends gems to A by a registered mail. By the time A received the parcel the prices of gems were considerably decreased. Discuss in detail the Liability of A under the Law of Contract. (16)

Q.6. Discuss and illustrate the essentials of a contract. What is the legality of an agreement entered into by or on behalf of a minor? (16)

Q.7. A who has already been married to B contracts to marry C and D after one year. However, by that time he became seriously ill to marry at all. Further, the law to which A is a subject prohibits polygamy. Discuss A’s liability and what remedies other parties can avail under the law of contract? (16)

SECTION – III (LAW OF TORTS)

Q.8. A is employed in a construction company owned by B. A works there with the knowledge of the fact that he is exposed to risks by the reason of the negligent practice of the employer. B transfers blocks over the heads of the workers by means of a crane, without taking any precautionary measures. Some blocks fall on as a result he becomes seriously injured. Explain what legal action A can take against B? (16)

Q.9. How far is mistake and acts causing slight harm are good defenses to an action of Tort? Distinguish mistake from an inevitable accident. (16)

Q.10. Discuss the following: (8 + 8 =16)

(a) Liability of A under torts, who is in a moving train, shakes his fists at B.

(b) Liability of A in case where he make advances to B with clinched fists but is stopped by bystanders. There was an apprehension that A intends to offer violence or about to use ‘criminal force’ against B.