Paper-I: Civil Law-I

LAHORE HIGH COURT, LAHORE CIVIL JUDGES CUM JUDICIAL MAGISTRATES COMPETITIVE EXAMINATION, 2022 PAPER-I: CIVIL LAW-I TIME ALLOWED: 03 HOURS TOTAL MARKS: 100 INSTRUCTIONS: (i) Answer ONE question from each PART. (ii) Every question carries equal marks. PART-I Q.No.1. Provide detailed definitions, explanatory notes, and governing legal principles established by the apex courts of Pakistan for the following topics: a. Key distinctions between an agreement and a contract. b. Key distinctions between void and voidable contracts. c. Legal implications of promises and reciprocal promises. d. The concepts of express and implied authority within agency relationships. e. The legal effect of a mistake of fact on a contract. Q.No.2. "All agreements are contracts." Provide a comprehensive discussion of all aspects and essential elements as defined under the Contract Act, 1872. PART-II Q.No.3. Write a detailed note referencing key rulings from the superior courts of Pakistan regarding the statutory procedure under the Guardians and Wards Act, 1890 for appointing a minor's guardian, along with the rights and obligations of the appointed guardian. Q.No.4. Discuss all grounds available for the removal of a guardian under the provisions of the Guardians and Wards Act, 1890. PART-III Q.No.5. Elaborate on the legal rule that once time has begun to run, no subsequent disability or inability to sue stops it, referring to the statutory framework of the Limitation Act, 1908 and relevant judgments of the apex courts of Pakistan. Q.No.6. In light of the Limitation Act, 1908, analyze whether limitation principles protect a transaction that lacks legal effect or sanctity due to legal infirmity or fraud. PART-IV Q.No.7. Prepare concise notes on the following in accordance with the Family Courts Act, 1964: a. Scope and extent of Family Court jurisdiction. b. Procedure for instituting a suit before the Family Court, including plaint submission, notice issuance, written statement filing, pre-trial steps, evidence recording, and trial conclusion. c. Forum and limitation guidelines for appealing orders passed by a Family Court. Q.No.8. Explain the statutory mechanism for Talaq under the Muslim Family Laws Ordinance, 1961. Opine on whether a woman exercising delegated divorce rights must send notice to the Union Council of her residence or where the marriage was registered. PART-V Q.No.9. Analyze the scenario where Mr. X appoints Mr. Y as his special attorney via a registered Power of Attorney (dated 12.03.2021) to manage commercial properties (Zoom Mart, District Khyber), lease premises, execute tenancy agreements, and initiate eviction or rent recovery suits. Mr. Y executes tenancy agreements with tenants A and B on 12.05.2021 and applies to the Rent Registrar for registration under the Punjab Rented Premises Act, 2009, requesting the return of original agreements after verification. The Rent Tribunal / Ex-Officio Rent Registrar denies the request and demands proof of property ownership. Opine on whether the Rent Tribunal under the Rented Premises Act, 2009 possesses jurisdiction to act as a Rent Registrar and whether it can require submission of title documents prior to registering tenancy agreements. Q.No.10. Explain the legal provisions under the Punjab Rented Premises Act, 2009 concerning: a. Appearance of parties and legal consequences of non-appearance. b. Leave to contest. c. Appeal procedure. d. Transfer of ownership.