we deal cases: civil, criminal, banking, tax cases
12/08/2017
[8/12, 07:33] M Raza Adv1: (2017.Pcr.lj.Lahore.1221.)
Criminal Trial...
Statements..Contradiction..Scope..
""Contradiction means negation of version of the prosecution ""(2017.Pcr.lj.Lahore.1221.)
جزوی مقدمے کی سماعت ...
بیانات
"" تضاد کا مطلب ہے کہ پراسیکیوشن کے ورژن کا منفی اثر "."
[8/12, 07:37] M Raza Adv1: S.115 . High court exercise revisional jurisdiction to do Justice even if no revision was preferred by any party when any illegality or irregularity came in it's notice .2016 _ CLC _ 928
[8/12, 07:38] M Raza Adv1: What is the order of court regarding case by PMDC Upon private medical colleges regarding there merit ...???
Is there any one knows......
[8/12, 07:39] M Raza Adv1: 2016 MLD 911- Lahore
---
516-A, 517 & 520, Cr.P.C.
---
During pendency of criminal case, temporary custody of case property could be given by the court to a person who was prima facie entitled thereto and on conclusion of trial, court would make final order regarding disposal of property in question.
[8/12, 07:40] M Raza Adv1: 2017 SCMR 1179
No one can be placed on ECL just because of his or her nomination in criminal case.
[8/12, 07:41] M Raza Adv1: Non obstante clause was a phrase used in documents to preclude any interpretation contrary to the stated object or purpose . 2017 _ Scmr _ 1218
[8/12, 07:42] M Raza Adv1: S.115 . All the documents which were provided to the first appellate court had to be filed with the revision . 2016 _ MLD _ 1151
[8/12, 07:44] M Raza Adv1: Pakistan penal code and criminal procedure code we're both general law and would cede to any special law . 2017 _ Scmr _ 1218(b).
[8/12, 07:45] M Raza Adv1: Conflict between two laws providing different punishments for the same offence . Law providing greater punishment must relent in favour of the law ordaining the lesser punishment . 2017 _ Scmr _ 1218(e).
[8/12, 07:46] M Raza Adv1: Art . 133 . If a witness was not cross examined on certain facts his statement attains finality . 2016 _ YLR _ 302
[8/12, 07:47] M Raza Adv1: When there was a conflict between a special law and a general law the former prevail over the latter . 2017 _ Scmr _ 1218(c).
[8/12, 07:48] M Raza Adv1: Art. 128 . Child born during the continuance of valid marriage would be the legitimate child of the spouses .2016 _ MLD _ 1532
[8/12, 07:49] M Raza Adv1: Art. 128 . Child born during the continuance of valid marriage would be the legitimate child of the spouses .2016 _ MLD _ 1532
Art . 133 . If a witness was not cross examined on certain facts his statement attains finality . 2016 _ YLR _ 302
Conflict between two laws providing different punishments for the same offence . Law providing greater punishment must relent in favour of the law ordaining the lesser punishment . 2017 _ Scmr _ 1218(e).
S.115 . All the documents which were provided to the first appellate court had to be filed with the revision . 2016 _ MLD _ 1151
Non obstante clause was a phrase used in documents to preclude any interpretation contrary to the stated object or purpose . 2017 _ Scmr _ 1218
2017 SCMR 1179
No one can be placed on ECL just because of his or her nomination in criminal case.
2016 MLD 911- Lahore
---
516-A, 517 & 520, Cr.P.C.
---
During pendency of criminal case, temporary custody of case property could be given by the court to a person who was prima facie entitled thereto and on conclusion of trial, court would make final order regarding disposal of property in question.
S.115 . High court exercise revisional jurisdiction to do Justice even if no revision was preferred by any party when any illegality or irregularity came in it's notice .2016 _ CLC _ 928
(2017.Pcr.lj.Lahore.1221.)
Criminal Trial...
Statements..Contradiction..Scope..
""Contradiction means negation of version of the prosecution ""(2017.Pcr.lj.Lahore.1221.)
جزوی مقدمے کی سماعت ...
بیانات
"" تضاد کا مطلب ہے کہ پراسیکیوشن کے ورژن کا منفی اثر "."
سامان جہیز کی رسیدیں سبمنبھال کر رکھنا مشکل ہوتا ہے اس وجہ سے صرف بیوی کے بیان پر ہی سامان جہیز ڈگری کر دیا گیا۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔
NLR 2009 CIVIL 303
Sec 6 Muslim Family Law Ordinance.... polygamy... Second Marriage Without permission of First Wife... Declared In line with Islamic injunctions... Reasons Recorded...
*PLD 2017 SC 187*
Criminal Trial...!!
FIR 154 or Direct complaint 200
Investigation 156 or inquiry 202.
(Record of statement and confession 161,164
(Physical Or police remand 167,,,,344...)
Challan submission 173.....under following modes 169,,170,,,512,,,344,,,
( Quashing of FIR ... 561 A )
Taking cognizance 190...
Issue of process 204,204,,
Bailable 496...... non-bailable 497..
The framing of charge 221 to 240..
(Speedy acquittal 249 A,,265K,,,561A...
After hearing the prosecutor and accused council and reasons be recorded..)
Pleading guilty..... 243,,,,, 265E...
Beginning of prosecution evidence ...
Examination of accused 342......
Beginning of defense evidence..340
Summoning up evidence....
Judgment ...
acquittal 245/ 265H....
or conviction 245(2), 265H(2)
Plea of mitigation... or
Appeal .....or ......Revision
copied.
[8/12, 07:50] M Raza Adv1: Art. 117 . Onus to prove a claim would be on the person who had asserted such claim . 2016 _ CLC _ 1284
[8/12, 07:51] M Raza Adv1: Art. 100 . Thirty years old document had presumption of correctness and due ex*****on would be attached to such documents .2016 _ MLD _ 1139
[8/12, 07:51] M Raza Adv1: Art 103 . Oral evidence can not exclude the documentary evidence . PLD _ 2016 _ Pesh _ 254
[8/12, 07:52] M Raza Adv1: Art . 103 . Written agreement could not be defeated by an oral agreement . 2016 _ YLR _ 100
[8/12, 07:52] M Raza Adv1: S. 10_A . Public authority was required to furnish reasons for every order whether same was executive or judicial . PLD _ 2016 _ Lah _ 73
[8/12, 07:53] M Raza Adv1: S. 24_A . Sec 24 _ A of general clause act 1897 binds down even the executive to assign reasoning and pass speaking order while determining rights of parties . 2016 _ CLC _ 871
[8/12, 07:54] M Raza Adv1: Pakistan penal code and criminal procedure code we're both general law and would cede to any special law . 2017 _ Scmr _ 1218(b).
[8/12, 07:55] M Raza Adv1: Conflict between two laws providing different punishments for the same offence . Law providing greater punishment must relent in favour of the law ordaining the lesser punishment . 2017 _ Scmr _ 1218(e).
[8/12, 07:56] M Raza Adv1: Court while deciding an application for pre arrest Bail can touch upon the merits of the case . 2012 _ MLD _ 362
[8/12, 07:57] M Raza Adv1: Appeal in a criminal case is a continuation of the trial . 2017 _ Scmr _ 1213(b).
[8/12, 07:57] M Raza Adv1: Grant of Bail to an accused on medical ground is not a state bounty in perpetuity which once granted can not be withdrawn or cancelled . 2010 _ Scmr _ 576
[8/12, 07:58] M Raza Adv1: Procuring of Pakistan CNIC by a foreign national was undoubtedly a serious offence . Bail refused .2016 _ Pcrlj _ 951
[8/12, 07:59] M Raza Adv1: Limitation period for filing application u/s 20 arbitration act . Arbitration act 1940 s.20 . It is settled law that period of limitation for filing an application u/s 20 of act is to be reckoned in accordance with the provisions of art 181 of limitation act .PLJ _ 2016 _ Islamabad _ 6
[8/12, 08:00] M Raza Adv1: Art . 79 . Beneficiary of document was bound to prove the same by producing evidence in terms of art . 79 of QSO . 2016 _ YLR _ 1248
[8/12, 08:01] M Raza Adv1: Arts . 117 & 118 & 119 & 120 . Burden of proof would be on a party who had alleged in the plaint or written statement it's claim . 2016 _ YLR _ note 46 & 2016 _ CLC _ 160
[8/12, 08:01] M Raza Adv1: Art 117 & 120 . Burden to prove actual loss is on the party who claims damages of compensation even in the case of liquidated damages . 2016 _ CLC _ 1677
[8/12, 08:02] M Raza Adv1: Art. 133 . Cross examination by accused can not be a substitute for cross examination carried out by a trained legal mind /counsel . 2016 _ MLD _ 1206
[8/12, 08:03] M Raza Adv1: Objection regarding inherent jurisdiction of an arbitrator . Sec. 5 such objection was a point of law which could be raised at any stage . PLD _ 2016 _ SC _ 121
[8/12, 08:03] M Raza Adv1: S.115 . Copies of pleadings etc were required to be filed along with revision petition . 2016 _ YLR _ note 45
[8/12, 08:04] M Raza Adv1: S. 115 . High court while exercising revisional jurisdiction was not required to re appraise evidence unless courts below had acted in disregard of law which resulted into miscarriage of Justice . 2016 _ YLR _ note 28
[8/12, 08:05] M Raza Adv1: Ss 115 & Art 181 . Application seeking restoration of revision petition dismissed for non prosecution . Limitation . Residuary Art 181 of the limitation act shall be attracted in the case of such an application . For following or refusing such an application the rule of sufficient cause as envisaged by s. 5 of the limitation act 1908 and it's principles shall be attracted regardless of whether such section was applicable or not . PLD _ 2016 _ SC _ 712
[8/12, 08:05] M Raza Adv1: S.115 . Revision petition had to be filed along with copy of impugned decree but there was no penal clause if documents were not appended with the same . 2016 _ CLC _ note 12
[8/12, 08:05] M Raza Adv1: S. 115 . Limitation for revision petition is 90 days . 2016 _ MLD _ 773
[8/12, 08:06] M Raza Adv1: ( Family- Divorce- Nikah Naama)
Condition of Compensation mentioned in column no. 19 of nikah nama in case of divorce by husband is declared against the injunctions of Islam as no embargo can be made on the right given by the Islam to husband to divorce his wife.
PLD 2011 SC 260
2008 SCMR 186
2012 CLC Lah 837
PLD 2007 Lhr 515
Claim of amount in case of dovorce mentioned in colum of niakah nama is not maintainable
2015 CLC 138
Condition of Compensation mentioned in column no. 19 of nikah nama in case of divorce by husband is valid.
2015 YLR 1235
2004 YLR 482
PLD 2004 Lhr 588
[8/12, 08:06] M Raza Adv1: Alleged victim submitted affidavit in favour of co.accused against whom serious allegations were made in FIR. Such fact alone sufficient to bring the case of accused under further inquiry. Bail granted. U/S. 376.PPC.
2013 MLD 897
[8/12, 08:06] M Raza Adv1: Child witness .Great care and caution was to be taken while examining a child witness .
2017_ Pcrlj _568(c).
[8/12, 08:06] M Raza Adv1: Civil litigation. One could sue for being prosecuted in civil legal process for recovery of damages under malicious prosecution but ingredients shall be the same . 2017 MLD 666(c).
[8/12, 08:06] M Raza Adv1: Written statement admitted fact... admitted facts need not to prove, especially when such admission has been made in the written statement.
2015 SCMR 21
[8/12, 08:07] M Raza Adv1: 2016 CLC Note 123
Family Cases are Time Limited Cases and Decree should be Passed within 6 months in such Cases.
[8/12, 08:07] M Raza Adv1: When the Wife is not Willing to Reside with her Husband then She is not Entitled for any Maintenance.
2016 YLR 371
2004 CLC 1700
1998 MLD 1944
PLD 1977 Lah 90
12/08/2017
[8/9, 22:09] M Raza Adv1: Concession of Bail can not be with held for purpose of punishment . 2016 _ Pcrlj _ note 42 _ page 68
[8/9, 22:09] M Raza Adv1: No explanation furnish in FIR for delay of 18 days in lodging FIR slightest benefit of doubt even at Bail stage would be counted in favour of accused . 2015 _ Pcrlj _ 1433
[8/9, 22:09] M Raza Adv1: Magistrate was not bound by the report u/S. 173. Nothing was provided in S. 190 Cr.P.C. to prevent a Magistrate from taking cognizance of case under clause (b) of S. 190 in spite of police report. However, he is required by law to apply his independent mind to material placed before him. 2005 PCr.LJ 560.
[8/9, 22:09] M Raza Adv1: Magistrate can take cognizance of an offence even where negative report is submitted by police. 2006 PCr.LJ 507.
[8/9, 22:10] M Raza Adv1: A court under section 496 and 497 can bail out a person only:
(a) he has been placed under actual custody or
(b) appears in answer to process issued, or
(c) is brought before court by the arresting authority.
PLD 1996 S.C 1003 ...
Note: same principle laid down in PLD 2008 karachi 492.
[8/9, 22:10] M Raza Adv1: As observed in PLD 2008 Karachi 492 a person who makes voluntary appearance is neither under any custody nor under any restraint and his voluntary appearance per-se before the Court of law cannot be construed as “custody”. Such a person is not entitled to claim bail under these sections. If the Magistrate still grants him bail it amounts to bail before arrest.
[8/9, 22:10] M Raza Adv1: Grant of Bail u/s 497 crpc was an interlocutory arrangement as it merely transfer of accused kept in custody at public expenses to a surety so as to be produced as and when required by the court when the prosecution had succeeded to bring home charge at the end of the day interim freedom could be recalled . 2017 _ MLD _ 1280(b).
[8/9, 22:10] M Raza Adv1: Bail had already been granted to one side . If one party in a case of counter version was granted Bail other party would also become entitled to the same relief . Accused was allowed Bail in circumstances . 2017 _ MLD _ 1220(b).
[8/9, 22:10] M Raza Adv1: Criminal Trial...!!
FIR 154 or Direct complaint 200
Investigation 156 or inquiry 202.
(Record of statement and confession 161,164
(Physical Or police remand 167,,,,344...)
Challan submission 173.....under following modes 169,,170,,,512,,,344,,,
( Quashing of FIR ... 561 A )
Taking cognizance 190...
Issue of process 204,204,,
Bailable 496...... non-bailable 497..
The framing of charge 221 to 240..
(Speedy acquittal 249 A,,265K,,,561A...
After hearing the prosecutor and accused council and reasons be recorded..)
Pleading guilty..... 243,,,,, 265E...
Beginning of prosecution evidence ...
Examination of accused 342......
Beginning of defense evidence..340
Summoning up evidence....
Judgment ...
acquittal 245/ 265H....
or conviction 245(2), 265H(2)
Plea of mitigation... or
Appeal .....or ......Revision
[8/9, 22:10] M Raza Adv1: 2001 SCMR 279
Court can take notice of changed circumstances and subsequent events relevant for the determination of controversy between the parties.
[8/9, 22:12] M Raza Adv1: Citation Name : 2017 CLD 745 PESHAWAR-HIGH-COURT Side Appellant : LUQMAN ALI Side Opponent : StateSs. 16, 19 & 9---Criminal Procedure Code (V of 1898), Ss. 516-A & 561-A---Car financing---Default in payment of installment of lease amount---Car was repossessed by the financial institution---Superdari of vehicle---Bank had leased a vehicle in favour of petitioner----Regular installments were being deposited by the petitioner but he defaulted---Vehicle was re-possessed by the Bank authorities and filed suit for recovery against the petitioner, which was decreed---Said decree was converted into ex*****on petition but thereafter ex*****on proceedings were adjourned Sine die due to lack of interest by the Bank---Certificate and all the relevant ownership documents of the vehicle had been made part of the proceedings by the Banking Court---Strong presumption was attached to the documents and the judicial proceedings---Petitioner was held entitled to superdari of the vehicle in circumstances---Petition for superdari of the vehicle was allowed accordingly.
[8/9, 22:13] M Raza Adv1: What is meant by Wajtakkar ?
Evidence of wajtakker is weak and infirm evidence and assumes no importance without any ocular evidence.
Art 20 QSO
Wajtakar is a witness who came across a way where he saw a person coming out of that place where the incident had committed.
2010 YLR 914
[8/9, 22:13] M Raza Adv1: سامان جہیز کی رسیدیں سبمنبھال کر رکھنا مشکل ہوتا ہے اس وجہ سے صرف بیوی کے بیان پر ہی سامان جہیز ڈگری کر دیا گیا۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔۔
NLR 2009 CIVIL 303
[8/9, 22:13] M Raza Adv1: Alleged victim submitted affidavit in favour of co.accused against whom serious allegations were made in FIR. Such fact alone sufficient to bring the case of accused under further inquiry. Bail granted. U/S. 376.PPC.
2013 MLD 897
[8/9, 22:13] M Raza Adv1: Child witness .Great care and caution was to be taken while examining a child witness .
2017_ Pcrlj _568(c).
[8/9, 22:13] M Raza Adv1: MAGISTRATE SECTION.30.WAS NOT COMPETENT TO IMPOSE SENTENCE TO AN ACCUSED BEYOUND 7 YEARS IMPRISONMENT...
PLD 2017 LAHORE 106
[8/9, 22:13] M Raza Adv1: 2017 SCMR 1179
No one can be placed on ECL just because of his or her nomination in criminal case.
[8/9, 22:13] M Raza Adv1: 2015 YLR 32.
Bail grant of.
U.s 23 (1-A) possessing unlicensed arms , on the following main grounds.
A. Accused was not previously convicted.
B. No private mashir of the recovery associated at the time of recovery.
C. Challan has been submitted.
D. Case does not fall within the prohabitry clause.
[8/10, 08:35] M Raza Adv1: Order 1, Rule 10, CPC..
The Court may at any stage of the proceedings either upon or without the application of either party and on such terms as may appear to the Court to be just, order that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely, to adjudicate upon and settle all the questions involved in the suit, be added.
Only necessary or proper parties can be added. Not any other parties.
A 1951 M 665, A 1934 N 228
Persons indirectly or remotely interested are not necessary or proper parties.
1996 SCMR 781, 1996 CLC 678, P 1972 L 169, A 1941 FC 16, A 1943 A 289, 20 IC 658, 1996 CLC 456, P 1996 K 467, A 1918 PC 49
Trial should not be embarrassed by simultaneous investigation of unconnected controversies.
11 SWR 23 FB
Persons who have no interest should not be added.
PLJ 1975 SC 345, 2004 CLC 1567, 1994 MLD 1489, A 1937 M 200, A 1929 B 353,
Persons cannot be added as parties to add a new cause of action which does not concern the plaintiff at all.
PLJ 1985 SC 461, 1999 CLC 2077, 1992 CLC 700, 1984 CLC 286, 1979 CLC 891,
A person who has a champertous interest in litigation should not be added.
2004 MLD 1395, 1996 CLC 678, 1996 SCMR 781
Parties cannot be added after decree is drawn up.
A 1924 M 648
Mere fact that a person may, by some chance, become interested in claiming property adversely to plaintiffs is no ground for his being so impleaded because that would necessitate importation of facts not found in suit.
NLR 1992 Civil 250
Not made party if application to prolong litigation.
1992 CLC 1432
Not made party if application suffering from inordinate delay.
NLR 1992 AC 204, 1989 SCMR 1589, PLD 1980 Lah 804
Where rights of parties could be effectively determined in suit without impleading any other party and claim of parties inter se arose out of contractual obligation to which party sought to be impleaded was not a party, impleading of same would be neither necessary nor proper.
1988 CLC 2014
[8/10, 08:35] M Raza Adv1: 2016 CLC Note 123
Family Cases are Time Limited Cases and Decree should be Passed within 6 months in such Cases.
[8/10, 08:35] M Raza Adv1: 2016 P Cr. L J 446
---
FIR for offence under section 322 PPC against doctors for causing death of a patient by their professional negligence was upheld by the High Court and writ petition filed by the doctors for quashment of FIR was dismissed.
[8/10, 08:35] M Raza Adv1: Magistrate was not bound by the report u/S. 173. Nothing was provided in S. 190 Cr.P.C. to prevent a Magistrate from taking cognizance of case under clause (b) of S. 190 in spite of police report. However, he is required by law to apply his independent mind to material placed before him. 2005 PCr.LJ 560.
[8/10, 08:38] M Raza Adv1: Dear Friends these are very important questions from the point of view of Interview of any judicial exam. I collected these quetions from the interviews of Cj Sindh.
1. What is the difference between 151CPC & 561 Cr.PC
2. Difference between Review & Revision?
3. Define & difference between Resjudicata & Res-subjudice?
4. Define Plaint? Remedies against return of plaint? and what else documents should be include in a plaint?
5. Can the plaint be amended at appellate stage?
6. What is remedy against ex-parte decree?
7. Difference between ex-parte decree & ex-parte order?
8. Difference between 12(2) & 9 (13).
9. Order23 Rule1,2
10. Define Precept & when it is issued?
11. What is difference between Percept and Transfer of Decree?
12. Can a possession be restored if it is taken on orders of the court?
13. Procedure after plaintiff’s death especially in defamation case?
14. Plaintiff not submitting the list of witnesses, remedy? what if he seeks permission same is dismissed what is remedy?
15. Who can file suit for possession and what is it’s limitation?
16. Suppose you are a civil judge and suit for partition is filed than what will you do?
17. How will you execute Decree in that?
18. What you can do for ex*****on of Decree?
19. What is the procedure for stay of ex*****on, Provision?
20. Can the judgement be executed before passing it?
21. Whether a decree is executable against legal heirs of the deceased Jd?
22. When Judgement Debtor is arrested?
23. Suppose if he does not have anything or any asset s then if he is arrested and remanded to jail, what would happen?
24. If JD paid DH in excess, what is the remedy?
25. What is Estopple? Difference between Waiver and estopple?
26. Suppose if a client comes to you with notice of Summary suit, what would you do?
27. After receiving the notice and copies of summary suit what will you do?
28. What is limitation of leave to defend?
29. Procedure when a witness does not attend the court?
30. Order 41 Rule 27
31. Order 9 rule 9
32. Order 23 rule 1 to 4
33. Set off and counter claim
34. Interpleader Suit
35. Powers of the appellate court?
36. What is the difference and effect of miss-joinder and none-joinder?
37. Application for the restoration of suit?
38. Grounds for Second Appeal?
39. When family suits are not disposed of within specified period of 06 months then what is the remedy?
40. Order 21Rule 79 and 89?
41. Difference between section 100 and 104.
42. What is remedy if witness is not attending the court?
43. Suite for recovery of money? When filed?
44. How and where the suit for the possession is filed?
45. What do you mean by concurrent and territorial Jurisdiction?
46. What is Order 14 and section 39?
47. What is Incidental proceeding?
48. Admission on judgment (order 12 Rule 6)
49. After framing issues further procedure?
50. What do you mean by Civil Arrest?
51. Abetment of suit?
52. Return and rejection of Plaint
53. When Receiver is appointed?
54. Announcement of judgment?
55. Section 152 and 153?
56. Grounds of 104?
57. Order 6 rule 17?
58. Limitation of revision?
59. Grounds of revision?
60. What is Evasive denial?
61. Ex*****on of Decree?
62. Order 22?
63. Order 32?
64. Order 41?
65. What is summary suit?
66. When judgment is announced at first hearing?
67. When decree is called complete decree?
68. When judgment is called complete judgment?
69. What do you mean by alternate dispute resolution?
70. What is remedy when witnesses are not appearing before the court after the service of summon?
71. When is purpose of issuance of commission?
72. What is supplemental proceeding?
73. How decree of Conjugal right is executed?
74. Powers of court executing decree?
75. What is order 2 rule 2?
76. What is Order 5 Rule 20?
77. What is the difference between F.I.R & Challan?
78. What is Remand (167) difference between Judicial Custody & Police Custody?
79. Define Charge & its Stages? Can a person charged with one offence be convicted of another offence if so?, when ?Alteration and modification charge?
80. Can a person be charged in multiple cases?
81. Can a person be charged if his name is not mentioned in charge sheet, Provision?
82. Under what provision final report is submitted by police?
83. Can a Judicial Magistrate acquit accused at any time during the pendency of Trial? What is remedy against 249-A order?
84. Difference between 249 & 249- A?
85. Whether order under section 249-A is final?
86. Under what provisions appeal against acquittal is filed?
87. What is the limitation period for appeal against acquittal
88. Is there any Difference in appeal against acquittal filed by prosecution and complainant in Procedure?
89. Define Bail, Grounds for Grant & Rejection?
90. What is Habeas Corpus, where is it filed? Difference between 491 &199?
91. Habeas Corpus is filed in District court or High Court?
92. What are the cases in which Habeas corpus can be filed against father?
93. Why not guardian and wards case be preferred to Habeas Corpus?
94. Difference between Habeas Corpus and guardian wards act?
95. Whether Justice of peace can take special oath from any party?
96. Once complaint dismissed /withdrawn ?can be filled again, Procedure?
97. Prosecutor dies after taking cognizance Procedure?
98. Investigation of murder case from one officer to another. Accused filled writ petition against the order. What to do now?
99. Accused convicted for 5 years in offence of 302 with fine, Filled appeal, seeking suspension of sentence and grant of Bail, can same sentence be dismissed or not?
100. Application filed under section 544 Cr.pc to call eye witness/army officer to trial court, he refused, Remedy?
101. Can statement of accused 342 be treated as confessional statement?
102. In Criminal case on who burden of proof lies, What are the exemptions of burden of proof in criminal cases?
103. Can a private person arrest anyone?
104. 161? Difference between 161and 164?
105. Criminal conspiracy and its punishment?
106. Abetment and its punishment?
107. Criminal remedy in dishonouring of cheque?
108. Procedure of illegal dispossession?
109. What are the remedies if SHO does not register the FIR?
110. What is the difference between Summon and warrant?
111. Difference between Cognizable and non cognizable offence?
112. Difference between 497 and 496?
113. What is 427 Cr.P.C?
114. What is 516-A
115. What is 408?
116. What is 410?
117. In what cased appeal does not lie?
118. How criminal cases are transferred?
119. Announcement of criminal judgment
120. How criminal cases are transferred?
121. What is rule of consistency?
122. Appeal against acquittal?
123. What do you mean by cognizance?
124. Magistrate can take direct cognizance?
125. Session court can take direct cognizance?
126. HC can take direct cognizance?
127. If summon fails what is remedy?
128. Grounds for pre arrest bail?
129. Grounds for statutory bail?
130. Judicial and extra judicial confession?
131. What is 190?
132. Differene between acquittal and discharge and acquittal?
133. Can session judge stop proceeding?
134. What is 517?
135. Magistrate can pass sentence does not exceed… years and fine…..
136. Can confessional statement be used against co accused?
137. When police can seize the property?
138. Difference between summon case and warrant case?
139. Can evidence be led in the absence of accused? Exception?
140. What are unlawful agreements?
141. What is wagering contract?
142. What is doctrine of frustration?
143. What is arbitration clause in contract?
144. What is negative agreement?
145. Is negative agreement enforceable in law?
146. Remedies against breach of contract?
147. What is contingent contract?
148. What is difference bailment and pledge?
149. What is hypothecation?
150. What is difference between hypothecation and lien?
151. What is agency?
152. Difference between guarantee and indemnity?
153. Difference between promissory note and bill of exchange?
154. How liability of surety can be discharged?
155. Limitation of khula suit ? No limition
156. Jactition of marriage.
157. Procedure of dissolution of marriage by way of khulla?
158. Restitution of Conjugal rights?
159. When written statement is considered as plaint in family suit?
160. Order 22 (What is identification parade and how many dummies are required for Indentification parade?
161. Who can file a suit on public documents?
162. What is difference between judicial and extra judicial confession?
163. Estopel and its kinds?
164. Who can impeach the credit of witness?
165. Accomplice witness?
166. Retracted confession?
167. Hostile witness?
168. Plea of albi and resgestaee?
169. 17 Article
170. Primary and secondary evidence?
171. Article 43
172. Examination in chief, cross examination and reexamination.
173. Who can file a case on public documents?
174. What is provision under which eviction is granted & what is difference between section 14 and 15 SRPO?
175. Suppose if landlord files rent case and tenant denies him to be owner can the case be preceded?
176. Suppose landlord files rent case for personal need and tenant denies him to be owner, matter proceeds and landlord proves to be owner but fails to prove personal need, would eviction be allowed?
177. If landlord gives permission tenant to sublet and tenant sublets subsequently landlord files files ejectment application on the grounds of subletting,can he do so?
178. If tenant denies the title of landlord, consequences?
179. Forfeiture of tenancy?
180. Tenant pays tax and remedy for landlord
181. What do you mean by Bonafide need?
182. Reconstruction application and completed and then what remedy?
183. When Tentative Order is passed?
184. Eviction Appeal 21
185. In what cases landlord is put to fine or punishment?
186. What is remedy against vexatious possession by landlord?
187. Injunction & its ingredients? is it necessary to file an application for injunction?
188. What are the remedies against the Injunctions for defendant if granted?
189. What do you mean by Balance of convenience?
190. What is preventive injunction?
191. What is Mandatory Injunction & it’s grounds?
192. Duties & Powers of Receiver?
193. Which contracts are specific enforceable and which are not enforceable?
194. What is difference between section 8 and 9 of specific relief act?
195. What is declaratory suit?
196. What is limitation of declaratory suit?
197. Suit for redemption and accounts?
198. Suit for mortgage?
199. Kinds of mortgage and limitation
200. Lispendis
201. Hypothication and mortgage
202. Lease
203. Forfeiture of tenancy?
204. What is criminal intimidation?
205. Can you give us an example of criminal intimidation?
206. What is the punishment of Criminal Intimidation?
207. What is the difference between Criminal Intimidation and Extortion?
208. Law takes no account of trifles. Please elaborate?
209. Can you give an example of trifle?
210. Can a child above 07 and below 12 years of age be tried to commit crime?
211. What do you mean by stages of crime?
212. Is there any criminal remedy when your cheque is dishonored?
213. Is it (Dishonoring of cheque) a cognizable or non cognizable offence?
214. What is double jeopardy?
215. What do you mean by concurrent and consecutive punishment?
[8/10, 08:38] M Raza Adv1: If an accused takes specific plea then onus to prove such plea would be on accused . 2017 _ Pcrlj _ note 21 _ page 22
[8/10, 08:38] M Raza Adv1: If case is proved without any doubt then normal penalty is death . 2015 _ Scmr _ 856
[8/10, 08:38] M Raza Adv1: If accused takes any defense plea than it is his responsibility to establish it .mere denial would not be beneficial while it is the duty of prosecution to establish it's case successfully . 2016 _ YLR _ 1098(b).
[8/10, 08:38] M Raza Adv1: In case of circumstantial evidence if no link of chain would found missing then accused can be awarded capital punishment . 2016 _ Pcrlj _ 994
[8/10, 08:38] M Raza Adv1: Accused can be convicted even without motive . 2016 _ YLR _ 1013
[8/10, 08:38] M Raza Adv1: Art . 164 . Limitation for setting aside ex parte decree was 30 days . 2017 _ CLC _ note 83 _ page 93
[8/11, 09:22] M Raza Adv1: Mesne profits . Determination of compensation for mesne profits on basis of provisions of requisitioning immoveable property act 1956 which provides compensation from 8 to 10 percent per annum of initial cost of land would be fare and equitable . 1987 _ Law notes _ 409 & 1991 _ Law.notes _ 366 & NLR _ 1994 _ CLJ _ 231 & 1990 _ Law notes _ SC _ 729
[8/11, 09:22] M Raza Adv1: Father snatched one year baby from mother . Court order father to handover child to mother but court ordered that father has visiting rights . 2016 _ Pcrlj _ note 78
[8/11, 09:23] M Raza Adv1: Only gravity of offence is not sufficient to keep accused behinds the bars for indefinite period . Right of freedom can not be curbed against the law . 2016 _ Pcrlj _ 1871
[8/11, 09:26] M Raza Adv1: Initial burden of proof is always on prosecution . It is the duty of prosecution to establish it's case beyond reasonable doubt . 2016 _ MLD _ 2057
[8/11, 09:30] M Raza Adv1: Evidence of a relative witness could not be brushed aside on the ground of relationship .
2017 _ YLR _ note 157 _ page 107
[8/11, 09:30] M Raza Adv1: Every suit instituted after the period of limitation was liable to be dismissed although limitations had not been set up as a defence .2017 _ YLR _ 1691(d).
[8/11, 09:30] M Raza Adv1: When controversy regarding the age of accused could not be settled through documentary evidence preference would be given to the medical opinion . 2017 _ YLR _ 1605(b).
[8/11, 09:31] M Raza Adv1: PLJ 2013 Cr.C 1007
Present to: Rauf Ahmad Sheikh and Syed Iftikhar Hussain Shah
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail, grant of--Allegation of--Recovery of charas--FIR does not reveal if the charas was weighed after removing the paper in which it was wrapped so its exact weight cannot be ascertained, which may more or less than one Kilogram--From this angle, the case hovers over the border line of Sections 9-B and 9-C of the Control of Narcotic Substances Act, 1997--No one has seen the, petitioner while selling the charas so alleged recovery of scale and weights does not show that he was involved in the selling the same--No evidence was available on the record to show that the sum of Rs.900/- allegedly recovered from the petitioner was, in fact, sale proceeds--Admittedly, the petitioner was not involved in any case under the Control of Narcotic Substances Act, 1997, in the past--He was behind the bars for a period of more than three months and his person was no more required for further investigation--Bail granted.
Judgement Result: Bail granted
[8/11, 09:31] M Raza Adv1: PLJ 2013 Cr.C 1005
Present to: Kh. Imtiaz Ahmad
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 489-F--Bail, grant of--Further inquiry--Dishonoured of cheque--Agreement between parties that the land would be transferred in favour of petitioner--Bail cannot be refused on this ground if otherwise the petitioner is entitled for his bail on merits--Petitioner was previously non convict--Copy of the sale deed has also been produced by the counsel for the complainant--This sale deed clearly showed that it was only person who was the vendee and no where the name of the petitioner has been mentioned nor the police has ever recorded the statement of said person that the land has been transferred in his name on the asking of the petitioner--The petitioner has been sent to judicial lock up and was no more required for the investigation purpose--The offence does not fall under the prohibitory clause and even otherwise the case of the petitioner definitely required further inquiry--Petition was allowed.
Judgement Result: Bail granted
[8/11, 09:31] M Raza Adv1: Citation Name : 2016 PLD 73 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ALI ADNAN DAR
Side Opponent : JUDGE FAMILY COURT
Ss. 17-A & 5, Sched---General Clauses Act (X of 1897), S.24-A--Constitution of Pakistan, Arts. 199 & 10-A---Constitutional petition--Maintainability---maintenance of minor child---interim maintenance , fixation of---Procedure---interim order---Appeal---Family Court fixed interim maintenance of minor at the rate of Rs.10,000/- per month--Validity---Family Court had power to pass interim maintenance order at any stage of the suit---interim maintenance should be fixed after filing of written statement of the defendant---If defendant had found that same was excessive or if order suffered from any illegality, irregularity or same was arbitrary, fanciful, void ab initio, without jurisdiction or same had attained the status of final order, then the constitutional petition was maintainable---Constitutional petition was not maintainable where factual controversies were involved---Public Authority was required to furnish reasons for every order whether the same was executive or judicial and order for grant of interim maintenance allowance was not an exception----Family Court while keeping in view prima facie status of both the parties fixed tentative interim maintenance allowance of the minor daughter at the rate of Rs.10,000/- per month---Father was working abroad but he had not mentioned about his actual salary in his written statement---Amount fixed by the Family Court could not be termed excessive or in consistent with ostensible financial status of father in the given circumstances-- Father was under legal as well as moral obligation to maintain and support his minor daughter as per Injunction of Islam---Impugned order could not be assailed in constitutional petition as statute did not provide any appeal against interlocutory order---Impugned order was neither void ab initio nor without jurisdiction and not a final order-- Amount of Rs.10,000/- per month as an interim maintenance was sufficient to meet day to day expenses of minor daughter who was of only one and half year old---Family Court, while passing the interim maintenance was required to give the bear minimum to the minor---No illegality or material irregularity had been pointed out in the impugned order---Both the constitutional petitions were dismissed in circumstances.
[8/11, 09:31] M Raza Adv1: Citation Name : 2016 CLCN 26 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Dr. AAQIB HABIB MALIK
Side Opponent : JUDGE FAMILY COURT
S. 5, Sched---Constitution of Pakistan, Art. 199---Constitutional jurisdiction, exercise of---Scope---Suit for recovery of maintenance allowance, dower and dowry articles---Application for summoning of witnesses/scribe of receipts of dowry articles---Wife produced purchase receipts of dowry articles during her evidence---Husband/petitioner moved an application for summoning of witnesses/scribe of receipts produced in evidence---Family Court observed that objections, relevancy, admissibility and evidentiary value of the receipts of dowry articles would be decided at appropriate stage and defendant had not mentioned name, address and sufficient particulars of any witness to whom he wanted to summon through process of court; however, defendant-husband would be at liberty to produce any evidence/witness during his own evidence subject to all just and legal exceptions---Validity---Right of defendant-husband to produce evidence had not been closed by the Trial Court---Defendant-husband would be at liberty to produce any witness at his turn while recording evidence---interim order passed by the Family Court should not be brought to superior courts to obtain fragmentary decisions which would harm the advancement of fair play and justice, curtailing remedies available under the law---Husband had not been prejudiced by the impugned order---Constitutional jurisdiction was not to be exercised in routine but only to foster the ends of justice---Constitutional petition being not maintainable was dismissed in limine
[8/11, 09:31] M Raza Adv1: Citation Name : 2016 MLD 742 KARACHI-HIGH-COURT-SINDH
Side Appellant : TALHA ASIF TAUFIQ
Side Opponent : VTH ADDITIONAL DISTRICT JUDGE
S. 17-A----Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---maintenance of minor---Non-compliance of interim order of maintenance ---Power of Family Court to decree suit---Averments of plaint not denied in written statement---Presumption---Conduct of father as to payment of maintenance ---Relevance---Plaintiff/wife after dissolution of marriage, along with minor son, filed suit for recovery of maintenance , recovery of dower amount and dowry articles---Family Court passing order under S. 17-A of Family Courts Act, 1964 fixed interim maintenance of minor---Defendant filed application and later Constitutional petition for modification of said interim order, which were dismissed---Family Court decreed the suit for non-compliance of said interim order of maintenance ---Defendant took plea that trial court had not considered his financial position while fixing maintenance ---Validity---Family Court under S. 17-A of Family Courts Act, 1964 was empowered to grant interim maintenance and in case of non-compliance of interim order, court might struck off defence of defendant and also pass final decree---Under S. 17-A of Family Courts Act, 1964, right of defendant as to further adjudication of question of maintenance was contingent right subject to fulfilment of contingency of S. 17-A---If defendant desired to contest suit, he was required to comply with interim order passed by Family Court under S.17-A of Family Courts Act, 1964---Plaintiff had specifically stated in plaint all expenses being incurred by her family on minor and quantum of income being earned by defendant---Claim or allegation of fact in plaint, if not denied specifically or by necessary implications in written statement, would be taken to have been admitted by defendant---As averments made in plaint as to income of defendant had not been denied by him either specifically or by necessary implication, the same were, deemed to have been admitted---Conduct of defendant (husband) regarding non-payment of interim maintenance was also relevant which showed that he had come to court with unclean hands, as he had not complied with interim order of maintenance ----Constitutional jurisdiction of discretionary character could not be invoked as a matter of routine or be used as alternate of appeal or revision---Constitutional petition was dismissed in circumstances.
[8/11, 09:32] M Raza Adv1: 2017 mld 70
Bail granted on medical ground
[8/11, 09:32] M Raza Adv1: Every procedure that promoted the administration was permissible unless it was expressly prohibited . 2016 _ Scmr _ 1
[8/11, 09:32] M Raza Adv1: Complainant refused to take oath on Holy Quran in support of his allegation . Pre arrest Bail in case of 489 _F confirmed . 2010 _ LN _ Lah _ 272
[8/11, 09:32] M Raza Adv1: 2017 CLC 48
Court could compare disputed signatures with admitted signatures and forms its own opinion.
[8/11, 09:32] M Raza Adv1: Concession of Bail can not be with held for purpose of punishment . 2016 _ Pcrlj _ note 42 _ page 68
[8/11, 09:33] M Raza Adv1: No explanation furnish in FIR for delay of 18 days in lodging FIR slightest benefit of doubt even at Bail stage would be counted in favour of accused . 2015 _ Pcrlj _ 1433
[8/11, 21:06] M Raza Adv1: Order 1, Rule 10, CPC..
The Court may at any stage of the proceedings either upon or without the application of either party and on such terms as may appear to the Court to be just, order that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely, to adjudicate upon and settle all the questions involved in the suit, be added.
Only necessary or proper parties can be added. Not any other parties.
A 1951 M 665, A 1934 N 228
Persons indirectly or remotely interested are not necessary or proper parties.
1996 SCMR 781, 1996 CLC 678, P 1972 L 169, A 1941 FC 16, A 1943 A 289, 20 IC 658, 1996 CLC 456, P 1996 K 467, A 1918 PC 49
Trial should not be embarrassed by simultaneous investigation of unconnected controversies.
11 SWR 23 FB
Persons who have no interest should not be added.
PLJ 1975 SC 345, 2004 CLC 1567, 1994 MLD 1489, A 1937 M 200, A 1929 B 353,
Persons cannot be added as parties to add a new cause of action which does not concern the plaintiff at all.
PLJ 1985 SC 461, 1999 CLC 2077, 1992 CLC 700, 1984 CLC 286, 1979 CLC 891,
A person who has a champertous interest in litigation should not be added.
2004 MLD 1395, 1996 CLC 678, 1996 SCMR 781
Parties cannot be added after decree is drawn up.
A 1924 M 648
Mere fact that a person may, by some chance, become interested in claiming property adversely to plaintiffs is no ground for his being so impleaded because that would necessitate importation of facts not found in suit.
NLR 1992 Civil 250
Not made party if application to prolong litigation.
1992 CLC 1432
Not made party if application suffering from inordinate delay.
NLR 1992 AC 204, 1989 SCMR 1589, PLD 1980 Lah 804
Where rights of parties could be effectively determined in suit without impleading any other party and claim of parties inter se arose out of contractual obligation to which party sought to be impleaded was not a party, impleading of same would be neither necessary nor proper.
1988 CLC 2014
[8/11, 21:06] M Raza Adv1: 2016 CLC Note 123
Family Cases are Time Limited Cases and Decree should be Passed within 6 months in such Cases.
[8/11, 21:07] M Raza Adv1: 2016 P Cr. L J 446
---
FIR for offence under section 322 PPC against doctors for causing death of a patient by their professional negligence was upheld by the High Court and writ petition filed by the doctors for quashment of FIR was dismissed.
[8/11, 21:07] M Raza Adv1: It is well settled law that even if an employee would have been put under suspension, he is entitled to full salary and allied allowances during the period of suspension, as the Hon'able Shariat Appellate Bench of Supreme Court of Pakistan vide judgment reported in PLD 1994 SC 72 has held that the stoppage of salary of the employees is against the Injunctions of Islam, therefore, directed the Government of Pakistan to amend by deleting/repealing/ommiting all such rules, regulations, orders, notifications etc wherein the punishment of staoppage of salary is provided, whereupon, the Goovernment of Pakistan, circulated/issued S.R.O.1173(I)/94 dated 21.09.1994 and published the same in Gazzette of Pakistan Extra.Part-II, dated 05.12.1994, and amended all such rules, regulations, orders, notifications etc. Thereafter, some departments did not comply with the directions of the Government of Pakistan regarding release of full salary alongwith allied benefits/allowances to the employees even if they are under suspension, and the aggrieved persons approached the Superior Courts of Country and the Hon'able Courts while taking cognizance of the issues passed strict orders and cautioned and restrained such departments from commiting such type of illegalities, some of the judgments have been reoprted in 1997 PLC CS 666; 1998 SCMR 1442; 2001 SCMR 1320; PLD 2012 Sindh 434; 2014 PLC CS 15 etc. The law laid down in all these judgments is that;
"Government Servant under suspension shall remain entitled to the pay and allowances that he was drawing immediately before his suspension, as the act of withholding the salaries violative of Article 2-A, 3, 4, 9 & 14 of the Constitution, hence suffer from inherent vice and is void ab-initio therefore, could not be given effect to."
[8/11, 21:07] M Raza Adv1: Dear Friends these are very important questions from the point of view of Interview of any judicial exam.
1. What is the difference between 151CPC & 561 Cr.PC
2. Difference between Review & Revision?
3. Define & difference between Resjudicata & Res-subjudice?
4. Define Plaint? Remedies against return of plaint? and what else documents should be include in a plaint?
5. Can the plaint be amended at appellate stage?
6. What is remedy against ex-parte decree?
7. Difference between ex-parte decree & ex-parte order?
8. Difference between 12(2) & 9 (13).
9. Order23 Rule1,2
10. Define Precept & when it is issued?
11. What is difference between Percept and Transfer of Decree?
12. Can a possession be restored if it is taken on orders of the court?
13. Procedure after plaintiff’s death especially in defamation case?
14. Plaintiff not submitting the list of witnesses, remedy? what if he seeks permission same is dismissed what is remedy?
15. Who can file suit for possession and what is it’s limitation?
16. Suppose you are a civil judge and suit for partition is filed than what will you do?
17. How will you execute Decree in that?
18. What you can do for ex*****on of Decree?
19. What is the procedure for stay of ex*****on, Provision?
20. Can the judgement be executed before passing it?
21. Whether a decree is executable against legal heirs of the deceased Jd?
22. When Judgement Debtor is arrested?
23. Suppose if he does not have anything or any asset s then if he is arrested and remanded to jail, what would happen?
24. If JD paid DH in excess, what is the remedy?
25. What is Estopple? Difference between Waiver and estopple?
26. Suppose if a client comes to you with notice of Summary suit, what would you do?
27. After receiving the notice and copies of summary suit what will you do?
28. What is limitation of leave to defend?
29. Procedure when a witness does not attend the court?
30. Order 41 Rule 27
31. Order 9 rule 9
32. Order 23 rule 1 to 4
33. Set off and counter claim
34. Interpleader Suit
35. Powers of the appellate court?
36. What is the difference and effect of miss-joinder and none-joinder?
37. Application for the restoration of suit?
38. Grounds for Second Appeal?
39. When family suits are not disposed of within specified period of 06 months then what is the remedy?
40. Order 21Rule 79 and 89?
41. Difference between section 100 and 104.
42. What is remedy if witness is not attending the court?
43. Suite for recovery of money? When filed?
44. How and where the suit for the possession is filed?
45. What do you mean by concurrent and territorial Jurisdiction?
46. What is Order 14 and section 39?
47. What is Incidental proceeding?
48. Admission on judgment (order 12 Rule 6)
49. After framing issues further procedure?
50. What do you mean by Civil Arrest?
51. Abetment of suit?
52. Return and rejection of Plaint
53. When Receiver is appointed?
54. Announcement of judgment?
55. Section 152 and 153?
56. Grounds of 104?
57. Order 6 rule 17?
58. Limitation of revision?
59. Grounds of revision?
60. What is Evasive denial?
61. Ex*****on of Decree?
62. Order 22?
63. Order 32?
64. Order 41?
65. What is summary suit?
66. When judgment is announced at first hearing?
67. When decree is called complete decree?
68. When judgment is called complete judgment?
69. What do you mean by alternate dispute resolution?
70. What is remedy when witnesses are not appearing before the court after the service of summon?
71. When is purpose of issuance of commission?
72. What is supplemental proceeding?
73. How decree of Conjugal right is executed?
74. Powers of court executing decree?
75. What is order 2 rule 2?
76. What is Order 5 Rule 20?
77. What is the difference between F.I.R & Challan?
78. What is Remand (167) difference between Judicial Custody & Police Custody?
79. Define Charge & its Stages? Can a person charged with one offence be convicted of another offence if so?, when ?Alteration and modification charge?
80. Can a person be charged in multiple cases?
81. Can a person be charged if his name is not mentioned in charge sheet, Provision?
82. Under what provision final report is submitted by police?
83. Can a Judicial Magistrate acquit accused at any time during the pendency of Trial? What is remedy against 249-A order?
84. Difference between 249 & 249- A?
85. Whether order under section 249-A is final?
86. Under what provisions appeal against acquittal is filed?
87. What is the limitation period for appeal against acquittal
88. Is there any Difference in appeal against acquittal filed by prosecution and complainant in Procedure?
89. Define Bail, Grounds for Grant & Rejection?
90. What is Habeas Corpus, where is it filed? Difference between 491 &199?
91. Habeas Corpus is filed in District court or High Court?
92. What are the cases in which Habeas corpus can be filed against father?
93. Why not guardian and wards case be preferred to Habeas Corpus?
94. Difference between Habeas Corpus and guardian wards act?
95. Whether Justice of peace can take special oath from any party?
96. Once complaint dismissed /withdrawn ?can be filled again, Procedure?
97. Prosecutor dies after taking cognizance Procedure?
98. Investigation of murder case from one officer to another. Accused filled writ petition against the order. What to do now?
99. Accused convicted for 5 years in offence of 302 with fine, Filled appeal, seeking suspension of sentence and grant of Bail, can same sentence be dismissed or not?
100. Application filed under section 544 Cr.pc to call eye witness/army officer to trial court, he refused, Remedy?
101. Can statement of accused 342 be treated as confessional statement?
102. In Criminal case on who burden of proof lies, What are the exemptions of burden of proof in criminal cases?
103. Can a private person arrest anyone?
104. 161? Difference between 161and 164?
105. Criminal conspiracy and its punishment?
106. Abetment and its punishment?
107. Criminal remedy in dishonouring of cheque?
108. Procedure of illegal dispossession?
109. What are the remedies if SHO does not register the FIR?
110. What is the difference between Summon and warrant?
111. Difference between Cognizable and non cognizable offence?
112. Difference between 497 and 496?
113. What is 427 Cr.P.C?
114. What is 516-A
115. What is 408?
116. What is 410?
117. In what cased appeal does not lie?
118. How criminal cases are transferred?
119. Announcement of criminal judgment
120. How criminal cases are transferred?
121. What is rule of consistency?
122. Appeal against acquittal?
123. What do you mean by cognizance?
124. Magistrate can take direct cognizance?
125. Session court can take direct cognizance?
126. HC can take direct cognizance?
127. If summon fails what is remedy?
128. Grounds for pre arrest bail?
129. Grounds for statutory bail?
130. Judicial and extra judicial confession?
131. What is 190?
132. Differene between acquittal and discharge and acquittal?
133. Can session judge stop proceeding?
134. What is 517?
135. Magistrate can pass sentence does not exceed… years and fine…..
136. Can confessional statement be used against co accused?
137. When police can seize the property?
138. Difference between summon case and warrant case?
139. Can evidence be led in the absence of accused? Exception?
140. What are unlawful agreements?
141. What is wagering contract?
142. What is doctrine of frustration?
143. What is arbitration clause in contract?
144. What is negative agreement?
145. Is negative agreement enforceable in law?
146. Remedies against breach of contract?
147. What is contingent contract?
148. What is difference bailment and pledge?
149. What is hypothecation?
150. What is difference between hypothecation and lien?
151. What is agency?
152. Difference between guarantee and indemnity?
153. Difference between promissory note and bill of exchange?
154. How liability of surety can be discharged?
155. Limitation of khula suit ? No limition
156. Jactition of marriage.
157. Procedure of dissolution of marriage by way of khulla?
158. Restitution of Conjugal rights?
159. When written statement is considered as plaint in family suit?
160. Order 22 (What is identification parade and how many dummies are required for Indentification parade?
161. Who can file a suit on public documents?
162. What is difference between judicial and extra judicial confession?
163. Estopel and its kinds?
164. Who can impeach the credit of witness?
165. Accomplice witness?
166. Retracted confession?
167. Hostile witness?
168. Plea of albi and resgestaee?
169. 17 Article
170. Primary and secondary evidence?
171. Article 43
172. Examination in chief, cross examination and reexamination.
173. Who can file a case on public documents?
174. What is provision under which eviction is granted & what is difference between section 14 and 15 SRPO?
175. Suppose if landlord files rent case and tenant denies him to be owner can the case be preceded?
176. Suppose landlord files rent case for personal need and tenant denies him to be owner, matter proceeds and landlord proves to be owner but fails to prove personal need, would eviction be allowed?
177. If landlord gives permission tenant to sublet and tenant sublets subsequently landlord files files ejectment application on the grounds of subletting,can he do so?
178. If tenant denies the title of landlord, consequences?
179. Forfeiture of tenancy?
180. Tenant pays tax and remedy for landlord
181. What do you mean by Bonafide need?
182. Reconstruction application and completed and then what remedy?
183. When Tentative Order is passed?
184. Eviction Appeal 21
185. In what cases landlord is put to fine or punishment?
186. What is remedy against vexatious possession by landlord?
187. Injunction & its ingredients? is it necessary to file an application for injunction?
188. What are the remedies against the Injunctions for defendant if granted?
189. What do you mean by Balance of convenience?
190. What is preventive injunction?
191. What is Mandatory Injunction &s grounds?
192. Duties & Powers of Receiver?
193. Which contracts are specific enforceable and which are not enforceable?
194. What is difference between section 8 and 9 of specific relief act?
195. What is declaratory suit?
196. What is limitation of declaratory suit?
197. Suit for redemption and accounts?
198. Suit for mortgage?
199. Kinds of mortgage and limitation
200. Lispendis
201. Hypothication and mortgage
202. Lease
203. Forfeiture of tenancy?
204. What is criminal intimidation?
205. Can you give us an example of criminal intimidation?
206. What is the punishment of Criminal Intimidation?
207. What is the difference between Criminal Intimidation and Extortion?
208. Law takes no account of trifles. Please elaborate?
209. Can you give an example of trifle?
210. Can a child above 07 and below 12 years of age be tried to commit crime?
211. What do you mean by stages of crime?
212. Is there any criminal remedy when your cheque is dishonored?
213. Is it (Dishonoring of cheque) a cognizable or non cognizable offence?
214. What is double jeopardy?
215. What do you mean by concurrent and consecutive punishment?
Regards.Adv Munir Ahmad shaikhDear Friends these are very important questions from the point of view of Interview of any judicial exam.
1. What is the difference between 151CPC & 561 Cr.PC
2. Difference between Review & Revision?
3. Define & difference between Resjudicata & Res-subjudice?
4. Define Plaint? Remedies against return of plaint? and what else documents should be include in a plaint?
5. Can the plaint be amended at appellate stage?
6. What is remedy against ex-parte decree?
7. Difference between ex-parte decree & ex-parte order?
8. Difference between 12(2) & 9 (13).
9. Order23 Rule1,2
10. Define Precept & when it is issued?
11. What is difference between Percept and Transfer of Decree?
12. Can a possession be restored if it is taken on orders of the court?
13. Procedure after plaintiff’s death especially in defamation case?
14. Plaintiff not submitting the list of witnesses, remedy? what if he seeks permission same is dismissed what is remedy?
15. Who can file suit for possession and what is it’s limitation?
16. Suppose you are a civil judge and suit for partition is filed than what will you do?
17. How will you execute Decree in that?
18. What you can do for ex*****on of Decree?
19. What is the procedure for stay of ex*****on, Provision?
20. Can the judgement be executed before passing it?
21. Whether a decree is executable against legal heirs of the deceased Jd?
22. When Judgement Debtor is arrested?
23. Suppose if he does not have anything or any asset s then if he is arrested and remanded to jail, what would happen?
24. If JD paid DH in excess, what is the remedy?
25. What is Estopple? Difference between Waiver and estopple?
26. Suppose if a client comes to you with notice of Summary suit, what would you do?
27. After receiving the notice and copies of summary suit what will you do?
28. What is limitation of leave to defend?
29. Procedure when a witness does not attend the court?
30. Order 41 Rule 27
31. Order 9 rule 9
32. Order 23 rule 1 to 4
33. Set off and counter claim
34. Interpleader Suit
35. Powers of the appellate court?
36. What is the difference and effect of miss-joinder and none-joinder?
37. Application for the restoration of suit?
38. Grounds for Second Appeal?
39. When family suits are not disposed of within specified period of 06 months then what is the remedy?
40. Order 21Rule 79 and 89?
41. Difference between section 100 and 104.
42. What is remedy if witness is not attending the court?
43. Suite for recovery of money? When filed?
44. How and where the suit for the possession i
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