sufyan ali ch. advocate · web viewpreviously asked interview questions and their answers compiled...

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Previously asked interview questions and their answers compiled version Sufyan Ali Ch. Advocate 1- What is meant by Wajtakkar? 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 : Evidence of wajtakker is weak and infirm evidence and assumes no importance without any ocular evidence. 2- Who is chance witness? Chance witness is a witness who was there at the scene of occurrence by chance. Normally that person would not be there in general routine One who happens to be on place of occurrence by chance is called a chance witness... Case Law Chance witnesses can never be relied upon in a case involving capital punishment unless corroborated by independent, impartial, non-partisan and trustworthy witness. 3- Which article deals with “Right of fair trial”? Rationale behind its enactment. When it was inserted in the constitution? Art 10A of constitution 1973 deals with right of fair trial, Inserted by 18th amendment, on 19 April 2010. Sec 340& 342 353 to 365 CR P C deals with fair trial 4- Difference between acquittal and discharge… Discharge is a kind of executive order Acquittal is judicial order Acquittal is final order No appeal lies against discharge Discharge is a temporary release while acquittal is permanent release. Discharge is the prerogative of area magistrate or police officer while acquittal is prerogative of the trial as well as appellate and revision court. Discharge is an administrative order on the other hand acquittal is a judicial order. Discharge can be challenged under sec 561-A Cr.p.c No appeal and revision lies while appeal lies to the H.C under sec.417cr.p.c and 411-A Cr.p.c if accused is acquitted. In discharge principle of functus officio is not attracted while in acquittal it is attracted. Discharge is done during the course of investigation while acquittal is done after the commencement of trial. 5- Whether criminal review available? General rule is that review is not competent in criminal law but under section 369 Cr.p.c it is allowed only for correction of clerical mistake in judgment. 6- Under what provision a charge is framed? Sec 220, n sec 221-240 deal with charge 7- What is meant by LOC? The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary by Pakistan 8- What is meant by working boundary? The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary by Pakistan 9- What is retracted confession? What is its evidential value? In Retracted confession accused person steps back from his confession. Accused does not admit in terms or in full his accusation even after confession 10- Argue bail under section 489-F or 302 Answer lies in two major parts 489-F Cheque by whom issued. Purpose. Not- should be to fulfilment of an obligation or

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Page 1: Sufyan Ali Ch. Advocate · Web viewPreviously asked interview questions and their answers compiled version Sufyan Ali Ch. Advocate What is meant by Wajtakkar? Art 20 QSO Wajtakar

Previously asked interview questions and their answers compiled versionSufyan Ali Ch. Advocate

1- What is meant by Wajtakkar? 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 :Evidence of wajtakker is weak and infirm evidence and assumes no importance without any ocular evidence.

2- Who is chance witness? Chance witness is a witness who was there at the scene of occurrence by chance. Normally that person would not be there in general routineOne who happens to be on place of occurrence by chance is called a chance witness... Case LawChance witnesses can never be relied upon in a case involving capital punishment unless corroborated by independent, impartial, non-partisan and trustworthy witness.

3- Which article deals with “Right of fair trial”? Rationale behind its enactment. When it was inserted in the constitution?

Art 10A of constitution 1973 deals with right of fair trial, Inserted by 18th amendment, on 19 April 2010. Sec 340& 342 353 to 365 CR P C deals with fair trial

4- Difference between acquittal and discharge… Discharge is a kind of executive order Acquittal is judicial orderAcquittal is final orderNo appeal lies against dischargeDischarge is a temporary release while acquittal is permanent release.Discharge is the prerogative of area magistrate or police officer while acquittal is prerogative of the trial as well as appellate and revision court.Discharge is an administrative order on the other hand acquittal is a judicial order. Discharge can be challenged under sec 561-A Cr.p.cNo appeal and revision lies while appeal lies to the H.C under sec.417cr.p.c and 411-A Cr.p.c if accused is acquitted. In discharge principle of functus officio is not attracted while in acquittal it is attracted.Discharge is done during the course of investigation while acquittal is done after the commencement of trial.

5- Whether criminal review available? General rule is that review is not competent in criminal law but under section 369 Cr.p.c it is allowed only for correction of clerical mistake in judgment.

6- Under what provision a charge is framed? Sec 220, n sec 221-240 deal with charge

7- What is meant by LOC? The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary by Pakistan

8- What is meant by working boundary? The border between Azad Kashmir n mqboza Kashmir is termed as LOC by India n Working boundary by Pakistan

9- What is retracted confession? What is its evidential value?In Retracted confession accused person steps back from his confession. Accused does not admit in terms or in full his accusation even after confession

10- Argue bail under section 489-F or 302Answer lies in two major parts 489-F

Cheque by whom issued. Purpose.Not- should be to fulfilment of an obligation or security to a loan Business transactionCase of a civil natureSuit lies for rendition of accounts. Dishonesty is not provedThe essential factors for offence under S-489 -F PPC is that the cheque must HV been issued dishonestly with knowledge and intention that it would be dishonored on presentation and must have been issued for the return/re- payment of loan or for the fulfillment of obligation ,mere issuance of cheque without dishonest intention and issuance of cheque other than for the return/repayment of loan does not impose either civil liability or criminal liablity u/s 489-F PPC.

Example if one friend issues cheque another friend for encashment bcz the friend who issued cheque was busy in other work ,hence he requested and he issued cheque in the name of his friend for encashment only , without any transaction or agrrement between them ,hence such issuance of cheque does not amount to offence under S-489-F ppc nor it imposes civil liability. Bcz cheque was not issued dishonestly and cheque was not issued in respect of any transaction. Cheque was not issued for repayment of loan or fulfillment of obligation.

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Hence under the circumstances it is humbly prayed before your honour that this honourable court may be pleased to grant bail to accused under the circumstances.

11- Difference between section 249-A and 265-K? 249-A is the power of magistrate to acquit the accused without conclusion of trial while 265-k is power of session judge to acquit the accused without conclusion of trial.

To invoke the provision of section 249-A two grounds are required one is charge is groundless and second there is also probability of being conviction on the other hand 265-k requires only one ground there is no probability of being conviction

12- Define complaint? Complaint is accusation of an offence against any person before a magistrate with the view of his taking action

13- Difference between section 34 and 149?Preplanned and not preplanned..active participation required in other hand no active participation required A criminal act done in furtherance of common intention.mens ReusAct done by any person of unlawful assembly. Same object of person.actus Rea

14- What is meant by summary trial?A procedure to try minor offences provided u/s 260 is summary trial Summary trial Ss. 260 to 265 CrPcSummary trials are conducted in case of minor offences; the offences whose punishment does not exceed a term of six months may be tried summarily.Authority competent Magistrate of fist class Bench of magistrates

15- What is article 190 of Constitution? Article 190 C O P, 1973 all executive & judicial authorities throughout Pakistan shall act in aid of Supreme Court

16- What is article 187 of Constitution? Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.

17- What is protective bail? Protective bail -which is granted when a person felt in danger of being arrested not by the court of competent jurisdiction but by another court for e.g. a case is registered against a person in Rawalpindi and he is in Lahore he can move a petition in LHC to grant him bail that bail would be protective interim bail.

18- What is anticipatory bail? Anticipatory Bail is a kind of pre-arrest protective bail which is granted by High court u/s 561-A Crpc in certain circumstances and for certain period, without touching the merits of the case, to provide protection to the accused against imminent arrest and to enable the accused to approach the concerned /trial court for seeking bail from such concerned/trial court.

19- Ground to refuse stay u/s 56 of Specific Relief Act 1887 to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b) to stay proceedings in a Court not subordinate to that from which the injunction is sought;(c) to restraint persons from applying to any legislative body; (d) to interfere with the public duties of any department of the Government, or with the sovereign acts of Foreign Government;(e) to stay proceedings in any criminal matter;(f) to prevent the breach of a contract the performance of which would not be specificallyenforced; (g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance; (h) to prevent a continuing breach in which the applicant has acquiesced;(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;(j) when the conduct of the applicant on his agents has been such as to disentitle him to the assistance of the Court; (k) Where the applicant has no personal interest in thematter

20- What is Order XXXIX, Rule 1 and 2?Order XXXIX rule 1 relates to cases where temporary injunction grantedOrder xxxix rule 2 is the punishment of the violation of rule 1, I.e. 6 months of imprisonment

21- What is procedure of forfeiture of bond u/s 514?Recording of grounds for forfeiture of bondIssuance of show cause notice to surety to come forward to submit amount of surety or tell to the court reasons for not submissionRecovery from attachment of moveable property of such surety or his estate if he is so deadIf the property is situated in local limits of court issuing order for attachment then by the order of such court

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If the property is not situated in local limits of court issuing order for attachment then by the order of such court endorsed by district Officer Revenue within the local limits of whose jurisdiction such property is found

If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond

22- What are stages of criminal justice?23- Which provision of constitution deals with protection of woman?

Articles 25(3) and 26(2) allow the state to make special provisions for the protection of women and children.24- Estoppel applicable in criminal cases?

Estoppel is not applied to criminal cases as it is applied in civil cases,25- Number of copies of F.I.R

4 copies of firOriginal is at police station3rd to superintendent of police one for complainant4th to district magistrate through prosecution department

26- Destructions of Flood? 27- Reasons of Flood?

Global warming,Poor policies for protection, Less dams,Poor system of weather prediction.28- Origin and ending point of rivers in Pakistan?

Every river stems from mountains and ends in ocean29- Difference between withdrawal and stay of proceeding? Which are article deal with?

Withdrawal means to quit the proceedings by the consent initiating authority Stay means to stop the ongoing proceeding by a competent court After withdrawal new proceedings are started and after stay same could be continued.

30- Difference between kidnapping and abduction Kidnapping 360-361

To convey any person without his consent out of the limis of Pakistan To take or entices away a minor up to 14 if male and 16 if female, from the lawful guardianship, without consent.

Abduction 362 To compel or induce by any deceitful means, any person, to go from any place , is abduction

31- What is section 365-A P.P.C? Kidnapping or abduction for ransom extorting property or any valuable property on release of kidnapped or

abducted person.32- What is meant by “Safe House”?

A safe house is, in a generic sense, a secret place for sanctuary or suitable to hide persons from the law, hostile actors or actions, or from retribution, threats or perceived danger

33- Whether confession before police is relevant? Its extra judicial confession, so not relevant, as ipsi dixit of the police is not binding upon the court. The substantive

law of confession is contained in articles 37 to 43 of QSO 1984. According to article 38 General rule is that a confession made before a police officer is inadmissible. But this rule has two exceptions one under article 39 a confession made by an accused in the custody of police

is admissible, if it is made in the immediate presence of the magistrate. And 2nd is under article 40 confession is admissible that leads to the discovery like instruments of crime

34- What sections of PPC deal with modesty of a woman? Section 509 of P.P.C insulting modesty or sexual harassment to a woman boilable. Up to 3 years punishment, 5

lac fine.35- Difference between section 460 and 302 of PPC

460- deals with constructive liability where more than one person commit house breaking by night or lurking house trespass and any one of them commit or attempt to commit murder or hurt all persons shall be liable for life imprisonment or up to ten years and shall also be liable to punishment for offence committed.

302. Whoever commits murder as defined in 300 P.P.C Would be published as qisas With death or imprisonment for life as tazir 10-25 years of imprisonment if qisas not liable

36- What is Lurking House Trespass? When it start? 443 P.P.C Lurking house-trespass. Whoever commits house-trespass having taken precautions to conceal such house-

trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is

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the subject of the trespass, is said to commit ―lurking house-trespass. It starts by introduction of any part of the criminal trespasser’s body is entering.

37- Procedure for quashment of F.I.R Quashment of FIR is the power of HC under section 561-A Cr.P.C and Art 199 constitution of Pakistan. FIR is quashed

when there is a prima facie case that there is no such occurrence has taken place. High court can quash F.I.R in its writ jurisdiction. A petition needs to be filed in the High Court stating the grounds under which the FIR is sought to be quashed. ..

38- Procedure of Cancellation of F.I.R Ss.169, 170 & 173---cancellation of F.I.R--- Powers of Investigating Officer and Magistrate- Investigating Officer can dispose of F.I.R. as Cancelled if he finds the same false, founded On mistake of law or a dispute of civil nature or Untraceable, after taking all necessary steps to The best of his endeavor and ability, but order Of cancellation of F.I.R. must be obtained From a Magistrate competent to take Cognizance of the offence and to try the case, Or to send the matter for trial to higher Court.

39- Difference between inquiry and investigation u/s 4(1)(K)cr.pc 'Inquiry' includes every inquiry other than a trial conducted under this Code by a Magistrate or Court;

u/s 4(1)(L)cr.pc Investigation' includes all the proceedings under this Code for the collection of evidence conducted bya police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf;

Commencement: inquiry commences when complaint is filed to magistrate while investigation commences when FIR is lodged or complaint is made to magistrate.

Authority inquiry can be conducted by magistrate or the court, while investigation is always conducted by a police officer or any person authorized by a magistrate.

Purpose: Purpose of inquiry is to ascertain the truth or falsity of facts of the case, while investigation’s purpose is the collection of evidence regarding the guilt of the accused.

40- Difference between 340 and 342 340 Right to have pleader

If no pleader the accused give defensive statement on oath Which is cross examinedNo incriminating questions about any other offence accept the one under which he is being tried.

342 Discretion of the courtCourt can ask any question at any stage, normally after recording prosecution Evidence, like, why he is being involved in the case. Why the evidence is against him? Whether he committed the offence etcNo oath is required no cross examination.Court only draw its inference by the answers given under 342.

46- Whether Capital punishment should be awarded? Yes - our law and even constitution is based upon the Islamic law and in Islam , murder of a person is the

assassination of the humanity, so capital punishment should be awarded to discourage evils47- What is unlawful assembly?

141PPC unlawful assembly. An assembly of five or more persons is designated an ―unlawful assembly,‖ if the common object of the persons comprising that assembly is

First: To overawe by criminal force, or show of criminal force, the Central or any Provincial Government or Legislature, or any public servant in the exercise of the lawful power of such public servant;

Second: To resist the execution of any law, or of any legal process; or Third: To commit any mischief or criminal trespass, or other offence; or Fourth: By means of criminal force, or show of criminal force, to any person to take or obtain possession of any

property, or to deprive any person of the enjoyment of a right of a way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

Fifth: By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation: An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly.

48- What is evidence in absentia? Evidence in absence of accused: 512. Record of evidence in absence of accused. (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him the

Court competent to try in his absence, examine the witnesses produced on behalf of the prosecution, and record their depositions. Any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, of trial for the offence with which he is charged, if the dependent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

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164 cr.p.c.provides recoding of two types of statements one is confessional statement of accused and other is statement of witness. The procedure how to examine accused during his confessional statement is provided under section 364.

2) Record of evidence when offender unknown. If it appears that an offence punishable with death or 21 [imprisonment for life] has been committed by some person unknown, the High Court may direct that any Magistrate of the first class shall hold an inquiry and examine any witness who can give evidence concerning the offence. Any deposition so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of Pakistan

49- What is bail in absentia? It is a BAIL granted to an absconder when he surrenders himself before the court by his attorney. On 8 May 2003 1st

BAIL of such type was granted to MNA Nasim ur Rehman by Supreme court of Pakistan. Where the petitioner applied this BAIL through his attorney (NAB CASE indicted u/s 31 NAB ORD)

50- What is trial in absentia?512 Cr.p.c trial can be conducted in the absence of the accused which is called trial in absentia and the evidence recorded in such trial or any evidence which is recorded in the absence of the accused is called evidence in absentia.

51- What is dying declaration?46(1) QSOLast words about the cause of death of the dying person are called dying declarations. Which are relevant under provision given above

52- What is section 174-A of crpc?174A, crpc deals with the recording of dying declaration, when a person grievously hurt or injured or burned by oil or any other means, comes to the hospital the medical officer is duty bound to inform the police and magistrate and Simultaneously he will record the statement of the injured person. And if the person remains capable to give statement the magistrate will also record that statement in his presence

53- Difference between section 406 and 420….Can an offender be charge with both at the same time?406 is punishment of criminal breach ot trust means when any person disposes off the property entrusted to him under any legal or contractual obligation and he violates such obligation and converts the property into his own use.420 is to cause delivery of property by cheating.Two different offences punished and charged separately.

54- What is public breach?Any offence amounting to breach of public peace or tranquility is called pulic preach. Chapter 8 PPC deals with such offences.

55- What is procedure of magisterial trial? Trial defined in section 241 to 250 A crpc os the trial by magistrate

Supplying of copies framing of charge Evidence from prosecution Evidence from defense Final arguments Conviction or acquittal

61- What are fundamental rights? The rights which are guaranteed by constitution of Pakistan 1973 are called fundamental rights. Articles 8 to 28 deal with them62- Difference between 164 and 364 of Cr.P.C

63- What is meant by “Conjugal Right”?Conjugal rights as that a husband or wife is entitled with his or her spouse in marriage- the right to be intimate with his or her spouse

64- Bail without F.I.R is possible? Bail without FIR is not possible. It’s mandatory registration of FIR under section 498-a for bail

65- What is “Refreshing Memory”?Ordinary, a witness deposes to facts from his recollection but memory May dada and it is, therefore, very necessary he should be allowed to assist his memory by looking at documents containing an account of those facts. This is known as "refreshing memory"

66- Conviction without charge…under what circumstances?Conviction without charge u/s 263 CrPc

67- What remedy and procedure against violent speeches against government?Speech against Govt. Case registered u/s 16 of MPO 1960

68- Difference between article 184 and 199?Art 184 constitutional petition , sou moto , & original jurisdiction of SC while 199 writ jurisdiction before HC

69- What is section 174-A?174-A crpc deals with grievous injury by burns through fire,kerosene oil acid, chemical or by any other way

70- Tell about 154, 155 and 156 in sequence Cognizable FIR Non cognizable FIR Investigation in non-cognizable case

71- Under what provision of Q.S.O Serologist report may be exhibited?Article 59 provides exhibition of serologist report

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72- Under what provision of Q.S.O Case-property is exhibited? 73- What is procedure to exhibit case property?

In any criminal. Case the case-property is one which is connected with the commission of offence one-way or the other. The weapons used in the offence, the empties of the fire-arms are case property. And whn these are deposited in mal-khana of police-stataion,if some vehicle was used in the commission of offence and that was revovrd during investigation or the robbed- money or the recover-narcotics are all case-properties.during trial case proprty is produced in court and is got exhibited in the statmnt of the witnesses of the said-recvery.the motor- bike,car,or weapons of ofnce and epmties shall be marked as exhibit P-1 and onwards and the recovry-memoes and the other documents are got exhibit in the statement of the relevnt witnesses and marked as exihibit A,B,C,D onwards...

74- Gilgit Baltistan is a province? What is its status?Political status of province

75- What is procedure for investigation in non-cognizable cases?In non-cognizable cases police officer cannot investigate without the order of magistrate 1st or 2nd class having power to try the offence. And upon receiving such order police officer may exercise same powers as he may exercise in cognizable case

76- What is section 59 of Cr.P.C?Arrest by private persons and procedure on such arrest.

77- What fundamental rights cannot be suspended in emergency?During emergency all constitution is suspended except article 4 related to fundamental rights

78- What is article 4 & 5 of Constitution?Right of individuals to be dealt with in accordance with law, etc Loyalty to State and obedience to Constitution and law

79- Why Sessions Judge cannot take direct cognizance?Unless case sent to it by Magistrate under S. 190(2)

80- Define self-defense?Sec 96 provides nothing is an offence which is done in exercise of right of private defence.

81- What are death cases under PPC….Total Death cases?Death cases are four under PPC

82- What are kinds of estoppels?There r many kinds of estopple but basically, estop by conduct, estop by deed, estop by record, estop by waiver, estop by acquisance, promissory estop.

83- Difference between Hearsay evidence and circumstantial evidence?Heresay evidence is not direct rather perceived by senses

84- What is case property?Case property is such property which has been ised in.commission of an offence

85- When challan is submitted in court, which two documents are submitted extra? 86- What is section 155 of Cr.P.C?

Section 155 provides that when information reaches to the in charge of police station as to commission of non cogniziable offence, he should make enteries in the book maintained for the purpose without any investigation refer the matter to the magistrate for order

87- Difference between wrongful restrain and wrongful confinement?Whoever voluntary obstruct any person from proceeding in any direction in which that person has right is said to wrong full restrain to that persons339Wrongful confinement that whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing line of wal S34088- What is identification parade?Qso A-22 identification of starnger offender who is not previously known to the witness

89- Define Ikrah-e-tam and ikrah-e-naqisIkrah e tam to putting any person spouse or any of his blood relation with prohibited degree marriage in fear of instant death or permanent impairing any of organ of body or fear subjected to zina bil jabrIkrah e naqis a form of dui which doesn't amount to ikrah e tam

90- Which provision of Cr.P.C deal with Exhumation?176(2) cr.p.c deals with qubar khushi

91- What is meant and procedure for “Saat(7) Ikawan (51)”?7/51 is in real sense are 107&151 CrPC under section 151 a police officer can arrest without orders by court a person who designs to commit an offence and produce him before magistrate under section 107 magistrate takes bonds foe keeping peace and not to disturb public order or tranquility for 3 years... Police report in such cases is called qalandra and bind is called muchalka naqs-e-aman.

92- What is meant by privilege communication?privileged communication is the statements which are made by the persons to each other when they had a protected relationship.such type of statemens are defined in Art 5,9,&,12 QSO

93- When an absconder may be said proclaimed offender and what procedure next?87crpc when the warrants of a person are issued and he absconded or conceals himself so that the warrant cannot be executed the court can issue the proclamation. Which shall not less than 30 days and shall be publicly read over and be

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affixed to some conspicuous place and copy thereof shall be affixed to the court also.after that the order for attachment of property is made under section 88 crpc.

94- Which provision of Cr.P.C and PPC deal with Extra Territorial Jurisdiction?

95- What is limit for appeal in criminal cases? [Limitation Act, and Criminal Cases] According to Limitation Act: Article 150. Appeal from death sentence to High Court-7 days. Article 151. High Court order on original side-appeal-20 days. Article 154. Appeal to any Court other than High Court-30 days. Article 155. Criminal appeal to High Court-60 days. Article 157. Appeal from acquittal by State-6 days. To Supreme Court (special leave to appeal)-30 days.

96- Reasons for revision? Reason of revision. Where the decision is grossly erroneous. Where there is no compliance with the provision of law. Where the findings of fact affecting the decision is not basedon the evidence. Where material evidence of the parties is not considered. Where the judicial discretion is exercised arbitrarily or perversely

97- What is section 133 of PPC?Sec 133 ppc deals with Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office 133ppc the assault done by a sailor, soldier, airman, in army nevy or air force, to his senior officer in the execution of his office, shall be published with imprisonment for 3 year and fine also.

98- If an offence is committed in journey, where the F.I.R shall be lodged?Where it will come to know that an offence has been committed

99- Which provisions of PPC deal with Trade Mark?Section 478 PPC deals with Trade Mark

100- What is mischief?Sec 425_ causing wrongful loss to a person or public, causing destruction of any property which effects its value or usage, is called mischief.

101- What is meant by Borstal Institution?Borstal institution means a place where child offender may be detained and given education and training for their mental, moral and psychological development.102- Argue bail in Juvenile? 103- What is Dafa 144?144 Power to issue order absolute at once in urgent cases of nuisance or apprehended danger.104- What is section 196 Cr.P.C?Section 196 of crpc is prosecution for offence against the State105- What is meant by JID under Pakistan Protection Ordinance, when said law is enacted?JID stands for joint investigation directorate comprising of 30 desks and director of intelligence and investigation as head106- What is meant by mitigating circumstances?Circumstances that may be considered by a court in determining culpability of offender. Mitigating circumstances do not justify or excuse an offense but may reduce the severity of a charge.MS means accuses is guilty of the offence but due to MS less severity of sentence should be awarded. Instances of MS exceeding self-defense..Excess committed by public servant in discharge of his duties.. Offence committed in consequences of sudden provocation.. 107- What is section 491 Cr.P.C?Power to issue directions of the nature of a Habeas Corpus. Any High Court may, whenever it thinks fit, direct:

(a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law:

(b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty;(c) that a prisoner detained in any jail situate within such limits be brought before Court to be there examined as a witness in any matter pending or to be inquired into in such Court;(d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively.(e) that a prisoner within such limits be removed from one custody to another for the purpose of trial; and(f) that the body of defendant within such limits be brought in on the Sheriff's return of cepi corpus to a writ of attachment.(2) The High Court may, from time to time, frame rules to regulate the procedure in the cases under this section.

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2 more points i want to share from my notes in s.491 H.C can direct these power to session court/additional Session judge shall be exercise by then within the territorial-limits of a sessions-division...

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and 5000 security fees has to deposit before Session-judge, if person from that place that fees can be refund...108- What is section 299 PPC?299. Definitions:In this Chapter, unless there is anything repugnant in the subject or context:

(a) "adult" means a person who has attained the age of eighteen years;(b) "arsh" means the compensation specified in this Chapter to be paid to the victim or his heirs under this Chapter;(c) "authorised medical officer" means a medical officer or a Medical board, howsoever designated, authorized by the Provincial Government;(d) "daman" means the compensation determined by the Court to be paid by the offender to the victim for causing hurt not liable to arsh;(e) "diyat" means the compensation specified in Section 323 payable to the heirs of the victim;(f) "Government" means the Provincial Government;(g) "ikrah-e-tam" means putting any person, his spouse or any of his blood relations within the prohibited degree of marriage in fear of instant death or instant, permanent impairing of any organ of the body or instant fear of being subjected to sodomy or ziha-bil-jabr;(h) "ikrah-e-naqis" means any form of duress which does not amount to ikrah-i-tam;(i) "minor" means a person who is not an adult;112[(ii) "offence committed in the name or on the pretext of honour" means an offence committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices;] 112(j) "qatl" means causing death of a person;(k) "qisas" means punishment by causing similar hurt at the same part of the body of the convict as he has caused to the victim or by causing his death if he has committed qatl-iamd in exercise Of the right of the victim or a Wali;(l) "ta'zir" means purushment other than qisas, diyat, arsh , or daman; and(m) "wali" means a person entitled to claim qisas.109- Column of Challan?challan has 7 columns given bellow....Column No 1 of the police report includes the name of informant or complainant.Column No 2 of the challan or police report includes the names of people which are declared innocent by police. Similarly the names of people which are absconders are also mentioned in this column. Similarly the accused which are not arrested and having warrants issued on their names are also mentioned in this column.Column No 3 has the names of people which are on bail in the certain case.Column No 4 is for the people which are discharged by the court in any other manner..Column No 5 of police report has the details of recovery which has been made in the instant case.Column No 6 of the challan consists of the names of witnesses in the instant case.Column No 7 of the police report has the detailed viewpoint of the police regarding the case. Usually it has the story similar to the one written in the FIR by the Investigating officer.110- Under which provision of Cr.P.C attendance may be dispense with?540-A. Provision for inquiries an trial being held in the absence of accused in certain cases. (1) At any stage of an inquiry or trial under this Code, where two or more accused are before the court, if the Judge or Magistrate is satisfied for reason to be recorded, that any one or more of such accused is or incapable of remaining before the Court, he may, if such accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.111- Who will order for Identification parade?IP is ordered by magistrate Ist class112- What is article 6 of Constitution?Article 6 relates to high treason113- What is meant y Jiaifa and Ghyr JaifaWhoever causes jurh in which the injury extends to the body cavity of the trunk is said to cause jaifia. Whoever causes jurh which does not amount to jaifia is said to cause ghyr-jaifia.114- What is greenhouse effect?Greenhouse is a natural process that warms the earth when sun energy passes through the glass in the rays of light115. Where from did you pass your Law Graduation? It’s Faculty? 116.Who is "Sultani gwaah"?When accomplice is granted tender of pardon under sec.337 cr.pc then he attains the status of approver or sultani ghawa117.Difference between discharge and acquittal.....118. Effect of with drawl of prosecution with reference to PCPSA 2006.....At any stage of true before any trial court subordinate to H.C before the judgment is passed the prosecutor General or any prosecutor who especially authorized by him, for reasons to be recorded in writing inform the court on behalf of government that prosecutor shall not prosecute the acct upon the charge and proceedings 'll be stayed. This discharge doesn't amount acquittal.119. Role of challan (Repost Under Sec. 173 Cr.PC) in criminal justice system....173 sec cr.p.c is the culminating point of investigation of the case. It ordains that investigation shall be completed without unnecessary delay and requires the sublimation if report by S.H.O to allaqa magistrate. Police report under section 173constitutes the charge sheet 120.Elaborate 249,249a, 265k Cr.PC...The magistrate may in police case, stop the procedure at any stage and release the accused for reasons to be recorded him.this power of discharge of accused at midway stage is restricted only to police cases instituted otherwise than in private complaint.While 249-a is embodied the law that if after hearing the prosecutor and the accused, and for reasons to be recorded, the magistrate that

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charge is groundless or there is no probability of being conviction there is nothing to prevent him from acquitting the accused at any stage of the case.While 265-k is the same power of session’s judge of acquittal when there is no probability of being conviction.121. Define suit, pleading, valuable security....Suit Any proceeding brought by one or more parties against another one or more parties in a court of lawPleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint stating the cause of actionvaluable security A document which is, or purports to be, a document whereby any legal right is created, extended, transferred,restricted, extinguished or released, or whereby any person acknowledges that the lies under legal liability, or has not a certain legal right.122. Where do the Offences under 1). Custom 2). Narcotics tried?Special courts123. What is Qusai act, expert opinion 510, bomb blast reports?A skilled person having expertise in forensic124. Have you appeared in High Court? Name of Learned Justice?125. Under what provision Charge is amended?Charge is framed under sec 227 of crpc...126. Explain procedure of magisterial trail....!Magisterial Trial is in sec 241-249A.This sec is also interlink vd power of acquittal...241) Supply of documents on the initiating of complain and police report242) Framing of Charge243) Collection of evidence from prosecution.244) evidence collected for defense of accused245) Power of acquittal and sentence (when charge is proved)248) withdrawal of complaint247) absence of complainant 249 ) proceedings249 A cognizance of magistrate over a matterMagisterial trial defined in section 241 to 250 A crpc os the trial by magistrate Supplying of copiesFraming of charge Evidence from prosecution Evidence from defence Final arguments Conviction or acquittal127ever read Double innocence in Sec 417 Cr.PC ?Accused is considered as innocent until proven guilty.. Once an accused is acquitted and appeal against acquittal is field against him. Now presumption of double innocence is attaches with him. .he was already innocent and was also declared innocent by a trial court...128. Who is a Hostile witness? It’s evidentiary Value?A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. Art 150,151 129.Difference Between Concurrent and consecutive punishment....!Consecutive goes one after the other. Concurrent goes on the same time.... 130.Sentence and conviction?After a conviction in criminal (as opposed to civil) proceedings, sentencing is next. When sentenced, the convicted criminal is issued a formal judgment that usually pronounces the punishment. The convict can appeal the sentence, but a sentence usually takes effect while appeals occur.131. Delay defeats justice, how can delay be curtailed?

Strengthening the judicial system Increase in number of judicial officers Provisions of court room and allied facilities Restructuring the service condition of judicial officers Timely submission of challans Taking effective measures to ensure attendance of witnesses Liberalization the provision of bail Check and control of frequent adjournment Separation of the function of civil and criminal courts Strict supervision on court management

132. Difference between 154 & 161?Under Sec 154 Fir can loge but sec 161 is the procedure after loging fir which deals vd the statements of witnesses... Sec 154 interlink vd not only sec 161 but also vd 164. 340 and 342 of crpc...133. difference b/w Estoppel and Res judicata ?Estoppel prevents the person from denying the truth of his previous statement.Whereas Resjudicata is rule of procedure which prevents the parties to file the same suit between same parties after final adjudication...

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Its saves the wastage of time of court rule of evidence by which person is prevent from getn relief by law from adducing evidence .and it also.134. Grounds of Bail ?Grounds of bail are different from case to case but some are. AgeGender HealthStatute groundFurther inquiry and many others135. Elaborate word the 'Qisas' ?Qisas means simililarty and following the footsteps of the offender135. Elaborate word the 'Qisas' ?136. whether 382-B CrPC is mandatory or discretionary?382..b is mandatory as word shall has been used..137. What is meant by " FIR seal kar di gai hay" ?Sealing of fir means fir has been registered but no one might take its copy.. sealing of Fir has no legal status ,it is against the law ...the sealing of fir is a concept developed by police itself just to benefit politicians as fir is sealed to take an action in future as it was not easy for police to take action against the accused138. What is meant by "Judgment is reserved" ?Judgment reserved means order had been announced and detailed decision wud b given after passing of a time..time might b months or even years.139. FIR kay column number 6 me " thana say rawangi ka waqat " say kia murad hay, ye kis ki rawangi ka waqat hota hay?Thana, say rawangi, means when police stepped toward place of occurrence140...only magistrate has authority to cancel fir under section 173 (3) crpc read with rule 24.7 police rules 1934... no other authority has the right even high court has no authority to cancel fir.140. Whether any authority other than Magistrate can cancel FIR.No141: tell any important incident taken place in ur city? 142: can a Magistarate issue a Commission?Magistrate cannot directly issue the commission unless permission is taken by session judge under section 506 CrPC143: under what circumstances Qisas is not enforceable?Qisyas is not enforeable is following cases . 01, Death of accuse02, Compromise before execution03, Waiver by Complainant before execution.144: sec/107?Section 107 Of CrPC is the Power of magistrate to take security in case of breach of peace .This section describes the preventive jurisdiction of magistrate with the purpose of maintaining the peace in country.145: power of police under sec/151?Section 151 Describes the power of police officer to prevent the cognizable offences ....Chapter 13 of CrPC is most important in examination point of view .146: retracted confession?Confession is said to be retracted when the accused says that I didn't commit the offence and confessional statement is given under some pressure or something else.After retraction the previous confession loses its evidentiary value so the conviction cannot be based upon it.147: can an accused be convicted if he subsequently ratracted from his confession?Retracted confession can be made basic of conviction if some some strong corroborativ evidence is also available beside retracted confession148: Agar ek student ishtiyaal ka baais bantaa hai to uske khilaaf kis daffa k teht kaarwaai amal amal laai ja sakti hai?153-A PPC149: did u appear in any criminal case if yes of what nature was the case? 150: criminal conspiracy?When two or more persons agree to do, or cause to be done(i) an illegal act, or(ii) an act which is not illegal by illegal means,such an agreement is designated a criminal conspiracy; Section 120-A.Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.151: abetment?107. Abetment of a thing:A person abets the doing of a thing, who:First: Instigates any person to do that thing; orSecondly: Engages with one or more other person or, persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, And in order to the doing of that thing; or

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Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procures a thing to be done, is said to instigate the doing of that thing.IllustrationA, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully presents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2: Whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.152: after pronouncing judgment can a Magistrate make any alteration or delay in pronouncing the same? If no.. What action can u take against these activities of Magistrates? If u personally take any step, what will u do to stop them?153. Is there any written provision in the Cr.p.c or any other law which enable a court to issue non bailable warrant after the noncompliance of bail able warrants?Chapter VI part B of crpc. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable- warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to154. Does an investigation have an authority to discharge an accused during investigation?Section 63 crpc says that no person can be discharged without special order of magistrate.155. Remedy against cancellation report and discharge report?156.. When the challan is not completed with in time of 14 days, how much time an investigation office be allowed to complete the challan, is there any limitation of time for such an extension?157. when a person gives personal bond against the bailable warrents, what action will be taken against his bonds if he does not appear on the date158.under which law the additional judge counters the signature on experience certificate of district bar?159. What is post arrest bail and under what law?160. If a person to whom the bail has been granted, after concession of bail he commits the second offence, whether he is protected under former bail or he has to seek separate one?161. Husband without permission of wife contracts second marriage, is it an offence and under what law?it is an ofence u|s 6(5) of muslim family laws ordinance 1961. 162.minimum period for the completion of investigation? 14days for challan if not completed then before three days interim challan..163. Stages of criminal trial?Appearance of accused. Distribution of copies wdin 7dayd.framing of charge.summon to prosecution witns.prosecution evidence.statemnt under section 342 crpc..defense evidence undr section 340 if accused want to produce.argumnts.decesion.164. Difference of magisterial trial n session trialMagistrate trail is in that cases which r 7years punishment and sessions trail is more than 7years165.a man is acquitted by magistrate where would appeal lie. Time limitTo high court within 30 days166. Magistrate sentences an accused of 5 years appeal would lie to? Prosecution act does what besides making prosecution system?High court167. Difference b/w statement of sec 154 n 161 as to contents?Statement given under 154 is the statement about the occurrence of some offence While 161 statement is about the circumstances of the occurrence.Police records 161 statements for collection of evidence.168.if ur parents forces u to get admission in a col what will u doMy parents never forced me they are very kind they allow me to chose my way. But if such situations occurres I will try to make understand my parents that what is right and what is wrong for me. And after that they will definitely not force me to do that ...169.recently a leady badminton player has visited pk her namePalwasha Bashir170.m.iqbal is a painter do u know him?Iqbal Hussain from Lahore is one of the finest painters we have. Most of his paintings depict women from the Heera Mandi (literally the diamond market)- or the centuries old red-light district. I found the above image on the Internet today. The news-item referred to Iqbal’s advocacy through his powerful art works:171. Whether offence of marriage without permission from wife is bailable?Bailable172. What is doctrine of Res Gestae?Res gestae (Latin "things done") is a term found in substantive and procedural American jurisprudence and English law. In American substantive law, it refers to the start-to-end period of a felony.In certain felony murder statutes, "res gestae" is a term defining the overall start-to-end sequence of the underlying felony. Generally, a

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felony's res gestae is considered terminated when the suspect has achieved a position of relative safety from law enforcement.173. Define Remand and its circumstancesRemand is the period in police custody , under 167 crpc police requests the magistrate to hand over the accused for more investigation magistrate give them remand as much as he thinks fit but not more than 14 days... After the period of remand the accused is sent to jail for judicial custody174. What are different kinds of Qatl?- Qatal.e.amd Qatal.e.shabih.amd Qatal.e.khata Qatal.bis.sabab Ikrah e taam175. Who is accomplice?Accomplice means a person associate in crime.337 crpc allows the prosecution to give pardon to such person upon the condition that He will disclose the true account of the crime.176.What is a “Kangaroo Court”?Kangroo court is the most Important and Applaud tribunal in Continent Austrila and in Some Western Countries Which is not constitutional body but preserves the moral decions on standard basis.177.Who are Distant Kindred?Distant Kindered is a third branch of Persons who takes the property under Personal law but not fall within sharers and resideries.178. What are kinds of jurisdiction?There are lot of types of jursidictions but most important are Territorial , Pecuniary , Advisory , Constitutional and Appellent jurisiction .179. What are modes of execution of Decree?Ordr 20 n 21 me ye sub hy.oxecution of different types of decree Execution is process of carrying out the order of the court, given in decree. modes of e.there are 2 modessend precept to the court within the jurisdiction of which the j.debtor is residing transfer the whole decree to the courtlike emoticon recover money through e.if the mpney is to recover throgh e., there are 2 ways attachment and sale of the property of j.d arrest/detention of j.debtor,or by the both modes at the same timelike emoticon If the decree to be executed through attachment/sale:if the decree to be executed through attachmnt/sale of the proprety shall be attached by adopting the proderue ginen in c.p.c and after attahmnt.j.d cannot sell the property.:after attachment:after atthmnt,prorty is to be put for sale and for that purpose procalmation shall be issued,copy of which shall aafix on the door of vourt that the prorty to be sold specifynig the date and time of auction,and this period of auction shll not less thn 30 days from the order of the court.:after auction:after auction,the report will be submitted in the court and if no objection is raised,thn the court may confirm the auction and thn sale-deed shall be got executed by the court itself in favour of purchser.if any objction raised,the court shall first decide the objection.if the objection is raised by the person claiming ownership in property ,thn the court shall decide objction petition frst.if the proprty is sold in e of decree of money and the sale-money is more thn the decreetal-money,the court shall pay the j.b after the decree money.like emoticon by arrest and detnetion :if the decree is for money and no property is owned by the j.debotr thn he can be arrested and put in civil-prison but for areesting him show-cause-notice shall be issued to him.a judgment debtor cannot be detained in civil prison for exectution of decree for a period more than one year. like emoticon If the decree is passed in suit for possession:if the decree is passed in suit for possesesion,warrant for possesion shall be issued to revenue officer if it is an agriculture-land and to the bailiff of court if the other proprty like house e.t.cthe revnue officer shall put the decree holder in possession and make entry in revnue-record intothe revnue-rcord,such asa attestaion mutataion e.t.clike emoticon if the dcree is passed in a suit for specific performane:if the decree is pases in a suit for specifin perfomnce,the court shall first callupon the judgment debtor to execute the sale deed in favour of decree holder and if he fails to do so the court may appoint an officer of the court to get the sale-deed exectued in favur of decree holder,and also fix remuneration for officer.like emoticon if the decree is passed in suit for simple decalartion:if the decree is passes in a suit for simple declaration,thn the decree is normally not executeable but if with the declaration,mandatory- injunction is claimed than the decree may be execueted.for instance:the court may direct the revnue authority to correct the entry in the revnue record in the name of the decree-holder instead of some other person.like emoticon conjugal rights:if the dcree is for exection of conjugal rights than noramlly it is not executable but if the wife obliged the judgment debtor then she can compelled by the attachmnt of her peoerty.

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like emoticon partition:if the decres is for partiton of the property,first a preliminary decree shall be passed ,than prepare the decree-sheet on the stamp paper at the rate of 3% on the value of the share of the decree-holder.after that court shall appoint local commission to visit the property and make a report that whether the property is divisable or not,if it it is divisable,prepapre a plan for the division and if not divisable than assess the market value of the property .it shall be put to auction any sharers can participtae in in auction with the permission of the court.if the report of the commison is maintained then the prorety shall be divued according to the paln of cmmission.if the auction/partition is not objected .than the court shall pass its final-decree.no party can file appeal against the final-decree if the party had not filed appeal againt preliminary -decree..180. What is procedure for grant of temporary injunction?The procedure is as same for Permanent injunction Same drafting but seperate Paper as temporary injuction and submitted to court or clerk of court which marking is and fix the date for argument and before fixing date issue status quo till the further order181. When bail cannot be granted?Cases in which punishment is above (1) 10 years (2) life imprisonment (3) death the bail cannot be granted in this situation prohibitory clause) of section 497182. Can a criminal trial may be dismissed in limine....Trial is very difficult to dismiss in limni, in some cases magistrate can discharge the accused and decide the case. But a tria is not decided in limni until the prosecution and accused fully given the opportunity to be heard.183. Trial is initiated by whom???Trial is initiated by prosecution upon the submission of report under section 173--184. Effect of withdrawal from prosecution???Effect of withdrawal is acquittal of the accused and termination of all proceedings of the case.185. Can a local inspection be made in criminal proceedings like made in civil cases???No such provision is available in CRPC a magistrate only can apoint an commission to record the evidence of a person who cannot come to the court or a pardanashin lady....186. What is the maximum limit of punishment under 13/20/65187. Difference between section 100 491 and 552 crpc100, power of magistrate to bring a person before him, who is illegally confined, with in his jurisdiction 491- power of HC and Session Court to issue the direction in the mature of habeas corpus.552- a complaint made for the restoration of an abducted female child to a magistrate in his jurisdiction.188. Attachment under 88 is made through in case of revenue by whom??collector or any other authorized revenue officer.189. What do mean by rebuttable presumptions?Both in common law and in civil law, a rebuttable presumption (in Latin, praesumptio iuris tantum) is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise. For example, a defendant in a criminal case is presumed innocent until proved guilty.190. How many copies of remand paper r prepared??2 copies one for magistrate other goes to session judge.191. What do mean by inquest?? rank of police officer who is competent to prepare inquest report??Report is cause of death is called inquest and prepared by police officer not below the rank of SI. Police inquest is held under section 174Cr.P.C. It is conducted in all cases of unnatural deaths by authorized police officer. He visit to the crime scene after informing executive magistrate of the area. Then based on his investigations, he prepares a report called panchanama,SI is authorised to make that report192. What is 16 MPO??Section 16 of Maintenance of Public Ordinance 1960.16. Dissemination of rumours, etc.– Whoever–

(a) makes any speech, or(b) by words whether spoken or written or by signs or by visible or audible representations or otherwise publishes any statement, rumour or report,shall be punished with imprisonment which may extend to three years, or with fine, or with both if such speech, statement, rumour, or report–(i) causes or is likely to cause fear or alarm to the public or to any section of the public;(ii) furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order.193. Remedy against the order of discharge of accused??Complaint194.what do u mean by irrebuttable presumptions ?In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary.195.which section of crpc grants right of accused to defend by a pleader?CrPC section 340 gives that right196. Under which article of constitution the decisions of high court are binding to the extent of question law on all the other courts subordinate to it ??

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201 Any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all courts subordinate to it.197.under which article of constitution the decisions of supreme court shall be binding to the extent of question law on all the other courts of pakistan ??189198.what is obiter dicta??A judgment comprises 2 elements ratio decidendi & obiter dicta O D r remarks of a judge which r not necessary to reaching a decision but r made as comments, illustrations......199.which section of crpc is relavent to dying declaration??u/s 174-A cr.p.c200.is there any denovo trial.. if yes under what provision of crpc??231 Crpc

201.what is "ratio decidendi"? Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes"202. what is " saza slip"..??saza slip means charge sheet which is submitted to the court under 173(2) crpcThis is a report along with the detailed report under section 173, it describes that the accused is found guilty in these offences in the opinion of the Investigation Officer.203. Difference b/w injury statement ( naqsha mazrobi)??injury statement defines the mature of injury.WhileNaqsha Mazrobi states the place of injury204.court of session shall forward a copy of its finding and sentence (if any) to in-charge of prosecution of district.. Under what provision??205. Difference between evidence and proof ??Evidence is the statement or document which is given to prove or disprove a fact in issue in a competent court. Proof is something which is derived from evidence , when an evidence proves a fact beyond any shadow of doubt it becomes the proof for that fact......206. Name of P.O. is written in which ink on police report 173 ( challan )..and in which ink name of dead accused??207.Opinion of police is binding on court? ?208.What are columns of F.I.R?209.What is rule of consistency?210.Difference between discharge and acquittal?211.Write a remand order…Accused under custody presentI.O presentLearned ADPP for the state presentIO rrquests for physical reman of the accused fo 7 days, on the ground that stolen money is yet to be recovered from the accused. No remand is given before, therefore for the recovery of said money 2 Two days remand is granted. IO is directed to complete investigation as quickly as possible.Announced :2-5-16under 167(3)212 22 a b212.Under which provision an investigation may be changed?Investigation changes under sec 22 A (6) also in crpc213.Difference between statement u/s 342 and 340(2)Accused as witness340 ki statement with oathSubject to cross examine340(2)As accusedNot on oathNo cross examineOnly draw inference214.Confession before police status... If admissible than up to what extent??Article 40Statement in custody of police is only admissible, if it would also proved by other circumstantial evidence also, that the fact mentioned before Police was also proved correct, for example accused mentioned that he concealed the weapon on certain place and it is recovered later on from such place213.What is the procedure for forfeiture of bonds u/s 514????216.If witness presented by u starts his statement against ur version. . What would u do being prosecutor?U/A 150 Q.S.O Request to the judicial officer to declare him hostile and give me a chance to cross examination

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217.When identification parade is conducted?When accused is unknown218.whats meant by Ex officio??Ex officio literally meansBy virtue of his office..Ex officio means that he is having that office along with judicial officer as an extra responsibility219.Difference between conviction and sentence? Conviction means declare someone guilty of the offence with which he was charged..Sentence.Sentence is quantum of punishment which is awarded to an accused who has been declared guilty..( it means firstly court has to declare accused guilty and than award him sentence which may b any kind like fine .imprisonment etc)220.what is the complete name of prosecution act??Punjab criminal prosecution service act constitution functions and powers221...what is mean by abuse process of law?561A Abuse process of law denotes that someone use procedure of harm others to fulfil his ulterior motives..ie file a false suit.. Lodge false FIR against any innocent person222.what is meant by benefit of previous detention, under which section?when an accsed remained in custody during trial then the court may take into consideration such detention while decides to pass sentence... 382-B crpc223.what documents are per see admissible in crpc .. under what provision?u/s 244-A & 265-J statements of 164 are admissible510 report of serologist is admissible....224.if name of witness is not mentioned in calendar of witness .. But he is important one, what u will do being prosecutor?Prosecutors can request to court for calling material witnessu/s 540-A as CW... Proviso 510 also included....225.Mens ria is necessary for constituting every offence.. Is there any offence without mens ria?All offences upon which a strict liabilty is prevail to follow.... if committed... no need of mens rea226. Statutory period for suspension of sentence under 426 crpc?6 months for 3 yearsOne year for 7 years2 years for life227.what are the grounds for inherent powers of high court?To give effect orders under this codeTo secure the ends of justice from being defeated..To prevent the abuse process of law..228. .What are the columns of a police report u/s 1731 for complainant2 for not challaned or absonders3 for arrested4 for bailed5 for recovery6 for witnesses7 for brief facts229.writ down LLB on paper... it was a question once .LEGUM BECCALARUS230.How many kinds of punishments are incorporated under section 302?302(a).Death as qisas.302(b).Death or life imprisonment as tazir where proof available.302(c) Imprisonment which may extend to 25 years where proof of qisas is not applicable.If committed in name of honour 302(c) wouldn't be applicable231.Three compulsory demands to claim shufa?U/s 13 of preemption of act 1991..Talab mwatbat( immediate demand)Talab ishahad ( by sending notice)Talb khusumat (by filing of suit)232.Doctrine of Cypress?As near as possible Doctrine of cypress,,,,,, Sometime a trust, such as a testamentary trust, is written in such a way that it cannot be fulfilled, either because of the confusing vocabulary used or changed circumstances, in such situation the Court has the power to interpret the trust document as nearly as possible233.Compounding question?When questioned asked in the shape of bulk .3/4. Question put in one question234.Murder reference?

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Murder reference,,,,,, u/s 374, when the cour of session passes death sentence, the proceeding shall b submitted to HC for confirmation235. Leading question?Article 136 QSOLeading Questionit is a suggestive question, it suggest the answer which the interrogator whishes or expect to receive...illustrationWhether A stole a watch from B's shop, "the question " Did you see A to enter B's shop and take a watch...its mostly answer "yes" or "no"236- Conviction without appeal possible, if yes, under what provisions?In case of pleads guilty 412 crpcNo appeal in cases of petty maters237.What will be the next proceeding where a proclaimed offender appears before court?When p o appears before court and satisfied court. Court can release his property if attached n if sale not proceed delivered to him1... proclaimed offender during course of investigation . .that person ll b arrested and police might request for his custody for purpose of investigation 2...proclaimed offender during trial.Court ll send him to judicial lock up if his bail was also cancelled otherwise direct him to submit surety bonds and trial ll b proceeded238.Speech on “Role of woman in society?Woman being weaker limb of our society plays an important role if she b given proper rights .the lap of a woman is the first school of a child and a good woman sharpens the personality of her child in a way that the child becomes confident,successful and important part of society.as napolean once said give me good mothers I ll give u good nations.The stature of a woman affects the society directly as woman is a symble of motivation , courage , love and affection A woman is an institution in itself as a woman plays pivotal part in social and moral development of a society .To consider woman just a person sitting in her room is a concept ,misconceived,as woman might a good administrator.Time is short...outline has been provided239.What is section 10(4) proviso of W.P Family Court Act, 1964?if reconciliation is not affected between husband and wife court shall grant woman a decree 4 dissolution of marriage on the basis of khula..240. What docs may be exhibited without calling witness?a public document241- Section 540?Court can record any person though not summoned as witness. Or recall and re examin any witness already examined as witness... provided various powers to court regarding summoning, re summons, calling re calling to any person whether he iz witness of the case or not, at any time when court feel necessary for the fair decision of the case.......242- Section 493?Right of prosecutor to appear in state cases and private counsel would act under his directions.. Given powers to public prosecutor that he can pleads and instruct the other pleader in all cases which are under his charge....... for that no written authority iz require to do so.....243- Documents annexed to plaint?U/o 7 rule 14 CPCall documents should be annexed by the plaintiff with the plaint upon which he rely.....And if he has not in possession those documents which are necessary for his claim then annexed a list with plaint...Memo of addressList of DocumentsList of Documents relianceList of legal representative244- What are scandavian countries?Scandivanion countries are, (Sweden, Denmark, Norway) these are called scandavian due to scandavion peninsula a historical and cultural region in Europe....245.What is judgment in rem?Judgement in rem is that which is equally binding to every person, all person of a state having same rights and liabilities as laid in judgement,,,,wether they are party to it or not.....it mostly depends upon social issues.246.- Difference between review revision and appeal?Review in same court but revision and appeal in upper court and appeal lies on question of law or fact or both but revision always lies on question of law247.Difference between conviction and sentence?Conviction is pleads guilty while sentence proceeds to conviction and denotes to punishment given248.Acquittal can be changed into conviction in revision? In revision acquittal cannot be changed in conviction but sentence may be enhanced.249- Wording of framing of charge?Ali Abbas you are informed that you have committed the offence under section 302 PPC on 12-03- 2016 which is triable by this court, So Do you plead guilty Do you want to say anythingHave you understand the charge .250.Section 100 of PPC?Section 100 describes those six circumstances in which you may cause the death of any person in light of delf defence251. General questions about pleading?General questions for pleading may be... 1- pleading and its particulars order vi rule 4

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2- pleading and its effects if not verified, rule 153- pleading, can it b amended? if yes, upto what extent?? rule 174- what are the consequences if party fail to amend pleading after court order. rule 18252- Under what article budget is presented in parliament?Article 73firstly it iz presented in NA and it send to sent for recomendations and senate sent back within 2 week with proposed recm,... then it passed by NA and sent to president for final approval within ten days...253.CPC applicable in family cases?Section 17 of W.P family courts act 1964.. provisions of CPC though strictly senso did not apply in family matters Ss. 10 & 11 thereof... but a court iz always competent to mould the relief..2009 CLC 835 LAHORE.254. Transfer of cases by a magistrate to court of sessions under what provision?section 191Power of transfer on application made by accused Section 192power given session judge to magisterate in thiz regard...255.Section 340(2)?section 340(2)If accused not plead guilty... want to disproof allagations... If he have any evidence.... Court allow him to produced but on oath...Witnesses called DWs...It iz only one way where evidence given accused on oath.... not otherwise elsewhere...256.Void contract? Void agreement?2(J )contracr act... a contract which ceases to be enforceable by law becomes void when it ceases to be enforceable...2(g)an agreement not enforceable by law is void...257.Three cities of Sindh?karachi larkana nawab shah258.Procedure for filing suit for partition?Partition filed before revenue officer by any or all joint owner for pstition of land means for making specific portion of land..... in practice it iz called" wanda"259.What is Order VI, Rule 17?amendment in pleading court may at any time at any stage alter or amend the pkeading for the purpose of determining real question in controversy b/w parties260.Rights of Judgment debtor?271. What is rule nisi?A rule that a judgment, order or decree would not be effected until a specific thing happensa court’s decree that will become absolute unless the adversely affected party shows the court, within a specified time, why it should be set aside. - Also termed nisi decree; order nisi; rule nisi.In divorce cases, a rule nisi is issued by the court to tell the parties that they have to wait a certain period of time before making their divorce final. This is to allow time for anyone who objects to the divorce to tell the court why they object. The rule nisi can often be set aside with mutual consent of the spouses. When the period expires, they can apply for the "decree absolute", which means the divorce is completed and the partners are no longer married.272.- Whether in a family case can advocate sign written statement on behalf of client?No273.- Which provision of law deals the scenario where one of the parties offers to decide the case upon oath?163 QSO274.Define rule of sinker with reference to pre-emption law..If a premptor joins an other premptor who has no right of premption and file a suit jointly.. His right would also be sunk due to that other person.. That other is knowb as sinker and this rule of sinker275- Locus peneitentia?It means place of repentance. Right to withdraw from the contract before the parties bond to do so.. And once such place of repentance passes away no one can withdraw.276- What is law?law is the body of official rules and regulations, generally found in constitutions, legislation, judicial opinion. A recognized causal link or principle whose violation must or should result in a penalty as failure, injury, loss, or pain.277.When a Magistrate can take cognizance?Under sectio 190 crpc a magistrate can take cognisance of an offence in following ways(a) upon receiving a complaint of facts which constitute such offence;(b) upon a report in writing of such facts made by any police-officer;

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(c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion that such offence has been committed.278.Bonafide Purchaser?BFP is a person who has purchased an asset for the stated value, with a honest belief that the seller had the rights to make such a sale. in simple words bona fide purchaser is good-faith purchaser, innocent purchaser for value,279..Diffrence b/w Act nd Ordinance?Ordinance is the law promulgated by the president for the current needs of the society. Parliament has to approve this law within 4 months..Act is a law which is passed by parliament using the procedure given in constitution of Pakistan.280- Philosophy of criminology?criminology is scientific study of crime and criminals. its aims to answer a series of very important questions: What makes people become criminals? Is it all their choice, or do other environmental factors come into play? How can criminals be successfully re-admitted into our society?281- Reformative System of PK?Probation and parole laws in pak are part of reformation system of accused persons282- Who will declare Juvenile?Section 7 of JJSO 2000. juvenile court after considering medical report determine the age of a child... (283)If application for calling witness iz rejected then rivision lie,,, if it may in some cases lies direct to HC... (284)Stare Decisivi...decision of higher courts bindind on other courts.. Articles 189, 201 constution are as lead to it.. (285)"Purpose, object and concept of law of pre emption iz that a stranger should not be allowed to purchase proprty in preference to persons who have first right of purchase, purpose and object of enacting Punjab pre emption act, is to bring provisions of law in conformity with Injunction of Islam "2008 SCMR 296Two terms like persons called Shafi and Priorities called Talbas,,,,case procedure iz same as others...283.If application for calling witness is not accepted by the court, remedy?Revision is the remedy against order of 540 CrPC284.Stare decisive?Doctrine of stare decisive is protected by constitution of Pakistan under art. 201 decision of high court is binding on lower courts. Art 189 decision of supreme court is binding on other courts.285- What do u know about the pre-emption suit?"Purpose, object and concept of law of pre emption iz that a stranger should not be allowed to purchase proprty in preference to persons who have first right of purchase, purpose and object of enacting Punjab pre emption act, is to bring provisions of law in conformity with Injunction of Islam "2008 SCMR 296Two terms like persons called Shafi and Priorities called Talbas,,,,case procedure iz same as others...286.- Decision on Oath under Q.S.O?

287- 12(2) cpc?Remedy against decree obtained by fraud, misrepresentation or lack of jurisdiction288- Can wife is compelled in the execution of the decree of conjugal rights?Yes, upto the extent of attachment of her property289- Can a woman become president of Pakistan?Yes290- Denovo trialA new trial when original fails to determine in a manner indicating by law 232 crpc291. In how many cases/applications affidavit is required under Cr.P.C?291U/S74U/s 526U/s 539A292. Author of PP.C?Thomas Babington Macualay and Thomas Peacock...293. Malicious prosecution?malicios prosecution consists of instituting certain kinds of legal proceedings against another person maliciosly and without any reasonable or pabable cause..294. Constructive Resjudicata?Sec 11 exp iv The matter which might or ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit..295. Kinds of family cases?Family cases may be...

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Separation Divorce CustodyAccess Child ProtectionGuardianship Maintenance Arrangements296. hostile witness?150 qso297. when trial starts?After framing of charge298. basic requirements of a plaint?Name of the parties with their full description.Head noteBrief factsClaimCause of action clauseCourt fee clauseJurisdiction clausePrayOathOrder 7 rule 1List of legal heirsMemo of addressList order7 rule 14 List order 13rule 1299. speech challenges faced by woman?300. difference between primary and secondary evidence?Primary directSecondary indirect301. Difference between certified and attested copy?CERTIFIED COPIES... Those copies which obtained after fulfilling the requirements of attestation like copies of judgments and other proceeding,,, as from copy branchATTESTED COPIES.. Those copies which are attested by an officer regarding their truthiness and originality...302. Who can arrest under 151 Cr.PC?Any police officer (whichever his rank) who knowing of o design to commit any recognizable offence hve power to arrest..303. In whom the power to arrest has been vested U/Sec 107 Cr.PC?Its power also vested in police but such person should be brought before magisterate for show cause notice of surety bond..304. What provision deals with trial before magistrate?Provisions deals to magisterial trial... 241- Mag trial 241-A Supply of documents 242- charged framed 243- conviction on admission 244- procedure when no admission made 245- Statement of 164245- Judgement.305. under what provision of Cr.PC a magistrate and a session judge may acquit an accused person at any stage of trial?Magisterate power of acquit to accused at any stage u/s 249-A Session court power regarding acquit to accused at any stage u/s 265-K306. writ of Quo Warranto?307. writ of Habeas Corpus?308. Testator and Legatee?309. primogenitor?310. spes-succession?