Paper for Civil Judge Judicial Magistrates

SINDH HIGH COURT, KARACHI PAPER FOR CIVIL JUDGE JUDICIAL MAGISTRATES 2018 Time: 3 Hours Total Marks: 100 Note: All Questions are compulsory subject to the options wherever provided. Q.1 (a) How a confessional statement of accused is to be recorded by a Magistrate and what are its requirements, explain with relevant provision of law? (10) (b) What is "identification parade" define its procedure adopted by a Magistrate and explain with example and relevant provision of law? (10) Q.2 Write notes on any four from following option: (12) (i) Power of Appellate Court under Section 423 Cr.P.C. (ii) Mode of delivering judgment under Section 366 Cr.P.C. (iii) Scope of Sections 412 and 414 Cr.P.C. (iv) Explain the scope of appeal against acquittal its limitation period and who can prefer it? (v) Grant of bail is discretion of the Court. However there are two type of cases when accused can claim bail as a matter of right, explain with example. (vi) Define powers of Magistrate under Sections 249 and 249-A Cr.P.C. Explain when such powers are to be exercised. Q.3 In a dispute concerning an immovable property that may likely to cause breach of peace, what measures a Magistrate is required to take? (10) Q.4 When final report under Section 173 Cr.P.C. is to be filed? Define powers of a Magistrate while entertaining such report. (10) Q.5 Define and differentiate the following: (10) (i) Receiver and Commissioner. (ii) Appeal against conviction and Revision for enhancement of sentence; and (iii) Dissolution of marriage by way of Khula and dissolution of marriage under Section 2 of Dissolution of Muslim Marriages Act, 1939. Q.6 Powers of magistrate under Section 167 Cr.P.C. Define in detail. (5) Q.7 Explain in details different stages of criminal trial by a Magistrate from registration of FIR till announcement of Judgment. (10) Q.8 There are two claimants of case property viz car and both approached the Magistrate for restoration of possession. What should the order be? (5) Q.9 Explain the following: (10) 1) How a suit could be decided before pronouncement of Judgment? 2) How a decree of restitution of conjugal right could be executed? 3) How and under what circumstances direct complaint could be filed and entertained? 4) What are ingredients of a valid gift and how it could be revoked? Cite two examples.