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Judicial Studies Solved Questions Bank & Study Material (2026) - Apex Rankers
Law & Judicial Studies | Topic-Wise Comprehensive Solved Pool
220 Total Solved Questions
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Anti-Money Laundering Act 2010
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Arbitration & Alternative Dispute Resolution (ADR)
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Civil Procedure Code (CPC 1908)
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Civil Servants Act 1973 & Service Rules
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Cyber Security & PECA 2016
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Environmental Laws & PEPA 1997
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FIA Act 1974 & Special Statutes
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Judicial System & Administration of Justice
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Q. 1
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Anti-Money Laundering Act (AMLA) 2010, the offence of 'Money Laundering' is defined under which section?
A
Section 3
✓ Correct
B
Section 4
C
Section 6
D
Section 10
💡
Step-by-Step Explanation & Concept Rationale
Section 3 of AMLA 2010 defines the offence of money laundering: A person commits money laundering if he acquires, converts, possesses, uses or transfers property knowing or having reason to believe that such property is proceeds of crime, or conceals/disguises its true nature.
Q. 2
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 4 of the Anti-Money Laundering Act 2010, what is the punishment prescribed for committing the offence of money laundering?
A
Rigorous imprisonment for a term not less than one year but which may extend to ten years, and fine up to twenty-five million rupees, and forfeiture of property involved
✓ Correct
B
Simple fine of Rs. 50,000 only
C
Six months imprisonment without fine
D
Summary warning by the State Bank
💡
Step-by-Step Explanation & Concept Rationale
Section 4 AMLA 2010 prescribes rigorous imprisonment for a term between one and ten years, fine which may extend to 25 million rupees (amended to 50 million in 2020), and forfeiture of all properties involved in money laundering.
Q. 3
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 6 of AMLA 2010, which autonomous body in the State Bank of Pakistan is established to receive and analyze Suspicious Transaction Reports (STRs)?
A
Financial Monitoring Unit (FMU)
✓ Correct
B
Federal Board of Revenue (FBR)
C
National Accountability Bureau (NAB)
D
Banking Mohtasib
💡
Step-by-Step Explanation & Concept Rationale
Section 6 of AMLA 2010 establishes the Financial Monitoring Unit (FMU), an autonomous body housed in the State Bank of Pakistan that serves as the national financial intelligence unit (FIU) to receive, analyze, and disseminate STRs and CTRs.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 7 of AMLA 2010, reporting entities (banks, financial institutions) are legally bound to file a Suspicious Transaction Report (STR) with the FMU within:
A
Seven working days after forming suspicion or having reasonable grounds of suspicion
✓ Correct
B
30 days
C
Six months
D
End of financial year
💡
Step-by-Step Explanation & Concept Rationale
Under Section 7(1) AMLA 2010 and FMU regulations, every reporting entity shall file an STR to the FMU within seven working days after forming a suspicion that transactions involve proceeds of crime.
Q. 5
Judicial Studies
Difficulty: Medium
(1 Mark)
What is a 'Currency Transaction Report' (CTR) under AMLA 2010 regulations in Pakistan?
A
A mandatory report filed for any cash transaction exceeding the prescribed threshold (Rs. 2,000,000 or foreign equivalent) in a single day
✓ Correct
B
An annual audit report submitted to shareholders
C
A currency exchange receipt issued to airport travelers
D
A quarterly report on bank interest margins
💡
Step-by-Step Explanation & Concept Rationale
A CTR is a mandatory regulatory filing submitted by reporting entities to the FMU for all cash transactions (cash deposits, withdrawals, transfers) exceeding the prescribed threshold of Rs. 2 Million (20 Lakhs) or its equivalent in foreign currency.
Q. 6
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Section 8 of AMLA 2010, an Investigating Officer may, with prior permission of the Court, order the attachment of property involved in money laundering for a period not exceeding:
A
180 days (extendable by Court order)
✓ Correct
B
30 days only
C
Seven days
D
Five years automatically
💡
Step-by-Step Explanation & Concept Rationale
Under Section 8 AMLA, the investigating officer, upon finding that property represents proceeds of crime and is likely to be concealed or transferred, may order attachment of property for a period not exceeding 180 days.
Q. 7
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 20 of AMLA 2010, which Court has exclusive jurisdiction to try offences of money laundering under the Act?
A
The Court of Session (designated as Special Court)
✓ Correct
B
The Magistrate Class III
C
The Civil Judge Class I
D
The Family Court
💡
Step-by-Step Explanation & Concept Rationale
Section 20 AMLA 2010 provides that the Court of Session established under the CrPC shall be the Special Court to try offences under this Act, provided that if the predicate offence is triable by a Special Court (e.g. Accountability Court or Special Judge Central), that Special Court shall try the AML offence jointly.
Q. 8
Judicial Studies
Difficulty: Easy
(1 Mark)
What is the global inter-governmental policymaking body that sets international standards and evaluations for Anti-Money Laundering and Combating Financing of Terrorism (AML/CFT)?
A
FATF (Financial Action Task Force)
✓ Correct
B
INTERPOL
C
World Trade Organization (WTO)
D
International Monetary Fund (IMF)
💡
Step-by-Step Explanation & Concept Rationale
The Financial Action Task Force (FATF), based in Paris, is the global watchdog that establishes international standards (40 Recommendations) to prevent money laundering, terrorist financing, and proliferation financing.
Q. 9
Judicial Studies
Difficulty: Medium
(1 Mark)
Under AMLA 2010, 'Tipping-Off' refers to the illegal act of:
A
Disclosing to a customer or third party that an STR has been filed or that a money laundering investigation is being conducted
✓ Correct
B
Giving financial gratuity to a waiter
C
Refusing to accept counterfeit currency
D
Advising a client on legal tax avoidance
💡
Step-by-Step Explanation & Concept Rationale
Section 34 of AMLA 2010 penalizes tipping-off: It is an offence for any officer or employee of a reporting entity to disclose to any person that an STR, report, or information has been communicated to the FMU, punishable with imprisonment up to 5 years and fine.
Q. 10
Judicial Studies
Difficulty: Easy
(1 Mark)
Under AMLA 2010, what is meant by a 'Predicate Offence'?
A
An offence specified in the Schedule to AMLA 2010, the proceeds of which may become the subject of money laundering
✓ Correct
B
An offence committed only outside Pakistan
C
A civil breach of contract without monetary consequence
D
A misdemeanor punishable only with censure
💡
Step-by-Step Explanation & Concept Rationale
Under Section 2(xxv) of AMLA 2010, a predicate offence is any offence listed in the Schedule to the Act (e.g. corruption, drug trafficking, tax fraud, human smuggling) generating illicit proceeds that are subsequently laundered.
Q. 11
Judicial Studies
Difficulty: Medium
(1 Mark)
Under AMLA 2010, the apex policymaking body responsible for national AML/CFT coordination is the:
A
National Executive Committee (NEC)
✓ Correct
B
Federal Cabinet sub-committee on prices
C
Central Zakat Council
D
Auditor General's office
💡
Step-by-Step Explanation & Concept Rationale
Section 5 of AMLA 2010 establishes the National Executive Committee (NEC), chaired by the Federal Minister for Finance, to formulate national policy, review risk assessments, and oversee FATF compliance.
Q. 12
Judicial Studies
Difficulty: Medium
(1 Mark)
Under AMLA 2010 regulations, reporting entities must retain transaction records and account opening documentation for a minimum statutory period of:
A
Five years after the termination of business relationship or completion of transaction
✓ Correct
B
Six months
C
One year
D
Twenty-five years
💡
Step-by-Step Explanation & Concept Rationale
Under AMLA Section 7(3) and State Bank/SECP AML regulations, reporting institutions must maintain all necessary records of domestic and international transactions for at least five years following completion of the transaction or termination of the business relationship.
Q. 13
Judicial Studies
Difficulty: Easy
(1 Mark)
In AML compliance, what does 'PEP' stand for?
A
Politically Exposed Person (an individual entrusted with prominent public functions)
✓ Correct
B
Private Equity Partner
C
Provincial Environmental Prosecutor
D
Public Enforcement Protocol
💡
Step-by-Step Explanation & Concept Rationale
A Politically Exposed Person (PEP) is an individual who is or has been entrusted with prominent public functions (heads of state, senior politicians, judicial/military officials, senior executives of state-owned corporations), requiring Enhanced Due Diligence (EDD).
Q. 14
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Section 9 of AMLA 2010, in proceedings for money laundering where an accused is found in possession of proceeds of crime disproportionate to his lawful income, the burden of proving that the property is not proceeds of crime lies on the:
A
Accused person
✓ Correct
B
Prosecution exclusively throughout
C
State Bank Governor
D
Investigating officer personally
💡
Step-by-Step Explanation & Concept Rationale
Under Section 9 of AMLA 2010, the statutory presumption applies: where the prosecution establishes that the accused possesses assets disproportionate to his declared income, the burden shifts to the accused to prove lawful acquisition.
Q. 15
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Sections 26 and 27 of AMLA 2010, Pakistan may cooperate with foreign states in tracing, freezing, and confiscating laundered assets through:
A
Mutual Legal Assistance (MLA) requests and bilateral treaties
✓ Correct
B
Unilateral military interception
C
Informal social media messages
D
Issuance of provincial arrest warrants
💡
Step-by-Step Explanation & Concept Rationale
Sections 26 to 28 of AMLA 2010 govern Mutual Legal Assistance (MLA) in criminal matters, allowing the Federal Government to seek or provide legal assistance to contracting states for evidence gathering and asset forfeiture.
Q. 16
Judicial Studies
Difficulty: Medium
(1 Mark)
Which of the following is a non-financial business or profession categorized as a 'Designated Non-Financial Business and Profession' (DNFBP) under AMLA 2010?
A
Real estate agents, jewelers/dealers in precious metals, accountants, and lawyers when handling financial transactions
✓ Correct
B
Primary school teachers
C
Public transport drivers
D
Hospital nurses
💡
Step-by-Step Explanation & Concept Rationale
Under Section 2(xii) of AMLA 2010, DNFBPs include real estate agents, dealers in precious metals/stones, chartered accountants, and legal professionals when conducting financial or property transactions for clients.
Q. 17
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 33 of AMLA 2010, reporting entities and their officers who submit STRs in good faith to the FMU are granted:
A
Immunity from criminal, civil, or administrative liability for breach of client confidentiality
✓ Correct
B
A cash bounty equal to 10% of transaction value
C
Immunity from paying commercial taxes
D
Exemption from state labor laws
💡
Step-by-Step Explanation & Concept Rationale
Section 33 of AMLA provides 'Safe Harbor' protection: No civil, criminal or disciplinary proceedings shall lie against a reporting entity, its directors or employees for reporting suspicious transactions in good faith.
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Q. 1
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Arbitration Act 1940, an 'Arbitration Agreement' is defined under Section 2(a) as:
A
A written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not
✓ Correct
B
An oral compromise agreed in a police station
C
A judgment delivered by an ex-judge
D
A resolution passed by a chamber of commerce
💡
Step-by-Step Explanation & Concept Rationale
Section 2(a) of the Arbitration Act 1940 defines an arbitration agreement as a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.
Q. 2
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 34 of the Arbitration Act 1940, where any party to an arbitration agreement commences any legal proceedings in court against another party in respect of any matter agreed to be referred, the court may:
A
Stay the proceedings, if the applicant applies before filing a written statement or taking any other steps in the proceedings
✓ Correct
B
Dismiss the arbitration agreement with fine
C
Sentence the plaintiff to simple imprisonment
D
Order the police to seal the commercial premises
💡
Step-by-Step Explanation & Concept Rationale
Section 34 of the Arbitration Act 1940 enables a party to apply for stay of legal proceedings in court before filing written statement or taking any steps in the proceeding, compelling parties to honor the arbitration agreement.
Q. 3
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 30 of the Arbitration Act 1940, an arbitration award can be set aside by the court on which of the following grounds?
A
The arbitrator or umpire has misconducted himself or the proceedings, or the award has been improperly procured or is otherwise invalid
✓ Correct
B
The award was written on plain paper rather than parchment
C
The losing party dislikes the arbitrator's signature
D
The arbitrator charged an hourly fee
💡
Step-by-Step Explanation & Concept Rationale
Section 30 of the Arbitration Act specifies three exclusive grounds for setting aside an award: (a) that an arbitrator or umpire has misconducted himself or the proceedings, (b) that an award has been made after the issue of an order by the Court superseding the arbitration, or (c) that an award has been improperly procured or is otherwise invalid.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Arbitration Act 1940, what is the statutory period within which an arbitrator must make his award under the First Schedule (unless extended by Court)?
A
Within four months after entering on the reference or being called on to act
✓ Correct
B
Within thirty days
C
Within one year
D
Within five years
💡
Step-by-Step Explanation & Concept Rationale
Rule 3 of the First Schedule to the Arbitration Act 1940 provides that the arbitrators shall make their award within four months after entering on the reference or after having been called on to act by notice in writing.
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Q. 1
Judicial Studies
Difficulty: Medium
(1 Mark)
What is 'Mesne Profits' under Section 2(12) of the CPC?
A
Those profits which the person in wrongful possession of such property actually received, or might with ordinary diligence have received, together with interest
✓ Correct
B
The statutory commission paid to an auctioneer
C
The legal fee earned by a senior advocate
D
The annual property tax assessed by the municipal corporation
💡
Step-by-Step Explanation & Concept Rationale
Section 2(12) CPC defines mesne profits of property as those profits which the person in wrongful possession actually received or might with ordinary diligence have received, together with interest on such profits, but not including profits due to improvements made by the person in wrongful possession.
Q. 2
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 60 of the CPC, which property is liable to attachment and sale in execution of a civil decree?
A
Lands, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes, government securities, bonds, and all other saleable property belonging to judgment-debtor
✓ Correct
B
The necessary wearing-apparel and cooking vessels of the judgment-debtor and his family
C
Tools of artisans and implements of husbandry of an agriculturist
D
Stipends and pensions allowed to military or civil pensioners of the Government
💡
Step-by-Step Explanation & Concept Rationale
Section 60(1) CPC defines properties liable to attachment, and the proviso specifically exempts essential personal necessaries: wearing apparel, cooking vessels, tools of artisans, implements of husbandry, and government pensions.
Q. 3
Judicial Studies
Difficulty: Hard
(1 Mark)
Section 5 of the Limitation Act 1908 provides for 'Condonation of Delay'. This section applies to:
A
Appeals, applications for review, and applications for leave to appeal, but NOT to original suits
✓ Correct
B
All original civil suits
C
Applications for execution of decrees
D
Registration of criminal FIRs
💡
Step-by-Step Explanation & Concept Rationale
Section 5 of the Limitation Act allows extension of prescribed period if the applicant satisfies the court that he had sufficient cause, but it explicitly applies only to appeals and applications, and strictly does NOT apply to original suits or execution petitions.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 3 of the Limitation Act 1908, every suit instituted, appeal preferred, and application made after the period of limitation shall be:
A
Dismissed, although limitation has not been set up as a defence by the respondent
✓ Correct
B
Admitted upon payment of a penalty of Rs. 10,000
C
Referred to arbitration automatically
D
Kept pending indefinitely until parties consent
💡
Step-by-Step Explanation & Concept Rationale
Section 3 Limitation Act is a strict statutory mandate: Subject to Sections 4 to 25, every suit instituted, appeal preferred, and application made after the period of limitation prescribed shall be dismissed, even if limitation has not been set up as a defence.
Q. 5
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 100 of the CPC (prior to provincial amendments repealing it in some provinces), a Second Appeal to the High Court lies from an appellate decree of a District Court only on the ground of:
A
A substantial error or defect in procedure, or decision contrary to law or some usage having the force of law
✓ Correct
B
A dispute as to the credibility of oral testimony of witnesses
C
A minor clerical typo in the decree
D
A disagreement on pure questions of fact
💡
Step-by-Step Explanation & Concept Rationale
Section 100 CPC restricts Second Appeals to pure questions of law: (a) decision contrary to law, (b) failure to determine some material issue of law, or (c) substantial error or defect in the procedure which may have produced an error in the decision on merits. Concurrent findings of fact cannot be reopened.
Q. 6
Judicial Studies
Difficulty: Hard
(1 Mark)
In civil execution proceedings, what is a 'Precept' issued under Section 46 of the CPC?
A
An order issued by the Court which passed the decree to any other Court competent to execute it, directing it to attach any property belonging to the judgment-debtor specified in the precept
✓ Correct
B
A warrant for the arrest of a judicial witness
C
A certificate of title to agricultural land
D
An application to dismiss a civil suit for default
💡
Step-by-Step Explanation & Concept Rationale
Section 46 CPC authorizes the decree-passing court to issue a Precept to another court within whose jurisdiction the judgment-debtor has property, directing temporary attachment (valid for up to two months) pending regular execution transfer.
Q. 7
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Order XXXVIII Rule 5 of the CPC, when can a Court order 'Attachment before Judgment'?
A
Where the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, is about to dispose of the whole or any part of his property or remove it from local limits
✓ Correct
B
Whenever the plaintiff files a suit for recovery of money
C
Whenever the defendant fails to appear on the first hearing
D
In all partition suits automatically
💡
Step-by-Step Explanation & Concept Rationale
Order XXXVIII Rule 5 CPC is an extraordinary remedy: If the court is satisfied that the defendant, with intent to defeat or delay decree execution, is about to dispose of or remove his property from court jurisdiction, it may order him to furnish security or order attachment before judgment.
Q. 8
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 148 of the CPC, what power does a civil court possess regarding time enlargement?
A
Where any period is fixed or granted by the Court for the doing of any act, the Court may in its discretion from time to time enlarge such period, not exceeding thirty days in total
✓ Correct
B
The court can extend the period of limitation for filing a suit by ten years
C
The court can permanently stop time from running
D
The court can extend the life of a deceased party
💡
Step-by-Step Explanation & Concept Rationale
Section 148 CPC gives the court discretion to enlarge time fixed or granted by it for the doing of any procedural act (e.g. paying court fees, filing documents), even though the period originally fixed may have expired.
Q. 9
Judicial Studies
Difficulty: Medium
(1 Mark)
What is the legal effect of a 'Consent Decree' (Compromise Decree) under Order XXIII Rule 3 CPC?
A
It records that the suit has been adjusted wholly or in part by any lawful agreement or compromise, and passes a decree in accordance therewith, from which NO appeal lies under Section 96(3) CPC
✓ Correct
B
It can be appealed like any ordinary decree
C
It is valid for only six months
D
It requires approval by the provincial cabinet
💡
Step-by-Step Explanation & Concept Rationale
Under Order XXIII Rule 3 CPC, when a suit is settled by lawful agreement, the court records the compromise and passes a consent decree. Under Section 96(3) CPC, no appeal lies from a decree passed by the court with the consent of parties.
Q. 10
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Section 12 of the Civil Procedure Code 1908, what is the remedy of a person challenging a decree, judgment or order on the ground of fraud, misrepresentation, or want of jurisdiction?
A
Filing an application under Section 12(2) CPC before the Court which passed the final judgment, decree or order (a separate fresh suit is expressly barred)
✓ Correct
B
Instituting a fresh civil suit in another court
C
Filing a criminal FIR for robbery
D
Applying to the Revenue Board for cancellation
💡
Step-by-Step Explanation & Concept Rationale
Section 12(2) CPC is a landmark procedural bar: Where a person challenges the validity of a judgment, decree or order on the plea of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order, and not by a separate suit.
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Q. 1
Judicial Studies
Difficulty: Easy
(1 Mark)
The Civil Servants Act 1973 (Act No. LXXI of 1973) regulates the appointment of persons to, and the terms and conditions of service of persons in:
A
The service of Pakistan (Federal civil service)
✓ Correct
B
Private commercial corporations
C
Foreign diplomatic corps in Pakistan
D
Independent news channels
💡
Step-by-Step Explanation & Concept Rationale
The Civil Servants Act 1973 was enacted pursuant to Article 240 of the Constitution to regulate the appointment and terms and conditions of service of federal civil servants.
Q. 2
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Section 2(1)(b) of the Civil Servants Act 1973, which of the following is expressly EXCLUDED from the definition of a 'Civil Servant'?
A
A person who is on deputation to the Federation from any Province, a person employed on contract, or a 'worker' or 'workman' under the Factories Act 1934
✓ Correct
B
A member of an All-Pakistan Service
C
A person holding a civil post in connection with affairs of Federation
D
A regular Section Officer in the Federal Secretariat
💡
Step-by-Step Explanation & Concept Rationale
Section 2(1)(b) explicitly excludes from the definition of civil servant: (i) a person on deputation from a Province, (ii) a person employed on contract or daily wages, and (iii) a person who is a 'worker' or 'workman' as defined in the Factories Act 1934 or Workmen's Compensation Act 1923.
Q. 3
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 13 of the Civil Servants Act 1973, what is the age of superannuation (mandatory retirement) for a civil servant?
A
Sixty years
✓ Correct
B
Fifty-eight years
C
Sixty-five years
D
Seventy years
💡
Step-by-Step Explanation & Concept Rationale
Section 13(1) of the Civil Servants Act 1973 provides: A civil servant shall retire from service on the completion of the sixtieth year of his age.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Civil Servants (Efficiency and Discipline) Rules 2020, which of the following is categorized as a 'Major Penalty'?
A
Dismissal from service (which disqualifies for future employment under Government)
✓ Correct
B
Censure
C
Withholding, for a specific period, promotion or increment of pay
D
Recovery from pay of the whole or any part of pecuniary loss caused to Government
💡
Step-by-Step Explanation & Concept Rationale
Under the E&D Rules 2020, penalties are divided into Minor (censure, withholding increment/promotion, recovery of financial loss) and Major: (a) reduction to lower post/pay scale, (b) compulsory retirement, (c) removal from service (does not disqualify for future employment), and (d) dismissal from service (disqualifies for future employment).
Q. 5
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Civil Servants (Appointment, Promotion and Transfer) Rules 1973, appointment to posts in Basic Pay Scales 17 and above by initial appointment is made upon recommendation of the:
A
Federal Public Service Commission (FPSC)
✓ Correct
B
Departmental Promotion Committee (DPC)
C
Staff Welfare Organization
D
Federal Ombudsman
💡
Step-by-Step Explanation & Concept Rationale
Under the APT Rules 1973 and FPSC Ordinance 1977, initial appointment to all civil posts in BPS-16/17 and above (except those exempted by rules) must be conducted through competitive examination and recommendation of the Federal Public Service Commission.
Q. 6
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Accommodation Allocation Rules 2002, who is the designated administrative authority for allocating federal government residential accommodation in Islamabad and designated cities?
A
The Estate Office (Ministry of Housing and Works)
✓ Correct
B
The Capital Development Authority (CDA)
C
The Federal Investigation Agency
D
The Cabinet Division
💡
Step-by-Step Explanation & Concept Rationale
The Estate Office Management under the Ministry of Housing and Works is the statutory body responsible for maintenance of General Waiting Lists (GWL) and allotment of government residential accommodations to federal civil servants under the Accommodation Allocation Rules 2002.
Q. 7
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Accommodation Allocation Rules 2002, for what grace period may a retired civil servant retain government accommodation upon retirement on superannuation?
A
Six months on payment of normal rent
✓ Correct
B
One month only
C
Five years
D
Indefinitely
💡
Step-by-Step Explanation & Concept Rationale
Under Rule 15 of the Accommodation Allocation Rules 2002, a retired civil servant may retain the allotted government accommodation for a maximum period of six months from the date of retirement on payment of normal rent.
Q. 8
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Government Servants (Conduct) Rules 1964, a civil servant is strictly prohibited from:
A
Taking part in, subscribing in aid of, or assisting in any way, any political movement in Pakistan or abroad
✓ Correct
B
Opening a personal savings account in a scheduled commercial bank
C
Purchasing books on jurisprudence
D
Voting in parliamentary general elections
💡
Step-by-Step Explanation & Concept Rationale
Rule 24 of the Government Servants (Conduct) Rules 1964 prohibits civil servants from taking part in political activities, subscribing to political parties, canvassing, or interfering in any election to a legislative body.
Q. 9
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Land and Building (Recovery of Possession) Act, unauthorized occupants of government premises or land can be evicted by:
A
Issuance of notice to vacate by the authorized Estate Officer, followed by summary eviction with police assistance if not vacated
✓ Correct
B
Filing a full 10-year civil suit before a Civil Judge Class III
C
A resolution of the Senate of Pakistan
D
An executive decree signed by the Attorney General
💡
Step-by-Step Explanation & Concept Rationale
The Land and Building (Recovery of Possession) statute empowers the Estate Officer to serve notice upon unauthorized occupants, and upon failure to vacate within the notice period, to summarily evict the unauthorized occupants and take possession with police aid.
Q. 10
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 9 of the Civil Servants Act 1973, promotion to a selection post shall be made on the basis of:
A
Selection on merit, and to a non-selection post on the basis of seniority-cum-fitness
✓ Correct
B
Seniority only, regardless of performance evaluations (PERs)
C
Seniority in age exclusively
D
Personal interview with the Prime Minister
💡
Step-by-Step Explanation & Concept Rationale
Section 9(2) of the Civil Servants Act 1973 establishes the dual promotion criteria: (a) In the case of a selection post, selection on merit; and (b) in the case of a non-selection post, seniority-cum-fitness.
Q. 11
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 3 of the Civil Servants Act 1973, the terms and conditions of a civil servant shall not be varied to his:
A
Disadvantage
✓ Correct
B
Advantage
C
Neutral standing
D
Equal grade
💡
Step-by-Step Explanation & Concept Rationale
Section 3(2) of the Civil Servants Act 1973 guarantees that the terms and conditions of service of any person to whom this Act applies shall not be varied to his disadvantage.
Q. 12
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Civil Servants (Appointment, Promotion and Transfer) Rules 1973, who is the appointing authority for federal posts in Basic Pay Scale 20 and above?
A
The Prime Minister of Pakistan
✓ Correct
B
The Secretary Establishment Division
C
The FPSC Chairman
D
The Chief Justice of Pakistan
💡
Step-by-Step Explanation & Concept Rationale
Under Rule 6 and Schedule of the APT Rules 1973, the Prime Minister is the appointing authority for posts in BPS-20 and above.
Q. 13
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 6 of the Civil Servants Act 1973, an initial appointment to a service or post is made on:
A
Probation for a prescribed period (typically one year, extendable by one year)
✓ Correct
B
Permanent basis immediately without probation
C
Honorary basis indefinitely
D
Five years fixed probation
💡
Step-by-Step Explanation & Concept Rationale
Section 6 of the Civil Servants Act provides that an initial appointment to a service or post, or appointment by promotion, is on probation for such period as may be prescribed by rules.
Q. 14
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 10 of the Civil Servants Act 1973, every civil servant is liable to serve:
A
Anywhere within or outside Pakistan, in any post under the Federal Government, or any Provincial Government or local authority
✓ Correct
B
Only within his home district
C
Only in the federal capital Islamabad
D
Only in his mother department throughout his career
💡
Step-by-Step Explanation & Concept Rationale
Section 10 of the Civil Servants Act provides: Every civil servant shall be liable to serve anywhere within or outside Pakistan, in any equivalent or higher post under the Federal Government, or any Provincial Government or local authority.
Q. 15
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 11(1) of the Civil Servants Act 1973, the services of a civil servant may be terminated during probation:
A
Without notice
✓ Correct
B
Only upon high treason trial
C
With three years advance notice
D
Only with consent of the Civil Judge
💡
Step-by-Step Explanation & Concept Rationale
Section 11(1)(i) provides that the service of a civil servant may be terminated without notice during the initial or extended period of his probation.
Q. 16
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 19 of the Civil Servants Act 1973, on retirement from service, a civil servant is entitled to receive:
A
Such pension or gratuity as may be prescribed
✓ Correct
B
Double salary for life
C
Free commercial residential plots in all provincial capitals
D
Exemption from state criminal law
💡
Step-by-Step Explanation & Concept Rationale
Section 19 provides statutory right to pension/gratuity: On retirement from service, a civil servant shall be entitled to receive such pension or gratuity as may be prescribed under the Civil Service Regulations (CSR).
Q. 17
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Article 212 of the Constitution and Section 4 of the Service Tribunals Act 1973, an appeal before the Federal Service Tribunal (FST) can be filed by an aggrieved civil servant:
A
Within thirty days of the communication of the departmental appellate order, or after ninety days of filing departmental appeal if no decision is conveyed
✓ Correct
B
Within ten years
C
Directly without exhausting departmental representation
D
Only through a member of parliament
💡
Step-by-Step Explanation & Concept Rationale
Section 4 of the Service Tribunals Act 1973 requires exhaustion of departmental remedies: An appeal lies to FST within 30 days of the communication of final departmental order, or after expiry of 90 days from the date of filing departmental appeal if no order is passed.
Q. 18
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Article 212(2) of the Constitution of Pakistan, the jurisdiction of ordinary Civil Courts and High Courts under Article 199 in respect of terms and conditions of civil service is:
A
Strictly barred / excluded (Exclusive jurisdiction of Service Tribunals)
✓ Correct
B
Concurrent with the Service Tribunal
C
Superior to the Service Tribunal
D
Advisory only
💡
Step-by-Step Explanation & Concept Rationale
Article 212(2) creates a constitutional bar: Where any Service Tribunal is established, no other court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Tribunal extends.
Q. 19
Judicial Studies
Difficulty: Medium
(1 Mark)
An appeal against an order or judgment of the Federal Service Tribunal (FST) lies exclusively to the:
A
Supreme Court of Pakistan (under Article 212(3) of the Constitution, subject to leave to appeal on substantial question of law)
✓ Correct
B
High Court Division Bench
C
Federal Ombudsman
D
Secretary Establishment
💡
Step-by-Step Explanation & Concept Rationale
Under Article 212(3) of the Constitution, an appeal against an FST judgment lies exclusively to the Supreme Court of Pakistan, provided the Supreme Court is satisfied that the case involves a substantial question of law of public importance.
Q. 20
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Accommodation Allocation Rules 2002, federal government residential houses are classified into categories based on:
A
Basic Pay Scale (BPS) of the civil servant (Category I for BPS 21-22 down to Category V for BPS 1-6)
✓ Correct
B
The age of the civil servant's eldest child
C
The civil servant's hometown location
D
The political party recommendation
💡
Step-by-Step Explanation & Concept Rationale
Rule 3 and Schedule of the Accommodation Allocation Rules 2002 establish accommodation categories (Cat I through Cat V) corresponding directly to the Basic Pay Scales (BPS) of federal employees.
Q. 21
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Rule 12 of the Accommodation Allocation Rules 2002, subletting allotted government accommodation or any portion thereof to an unauthorized person results in:
A
Immediate cancellation of allotment, eviction, and debarment from allotment for a period of five years, plus disciplinary action
✓ Correct
B
A nominal fine of Rs. 100
C
Promotion to the next higher pay scale
D
Exemption from paying house rent deductions
💡
Step-by-Step Explanation & Concept Rationale
Rule 12 strictly forbids subletting: An allottee who sublets government accommodation is liable to immediate cancellation, summary eviction, debarment from government accommodation for five years, and disciplinary action under E&D Rules.
Q. 22
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Accommodation Allocation Rules 2002, where both husband and wife are federal government civil servants stationed in the same station:
A
Only one of them is entitled to allotment of government accommodation
✓ Correct
B
Both are entitled to separate independent government houses
C
Neither is allowed government accommodation
D
They must reside in separate cities
💡
Step-by-Step Explanation & Concept Rationale
Rule 19 of the Accommodation Allocation Rules dictates that where both husband and wife are government servants in the same city, only one accommodation is allotted to either spouse as per entitlement.
Q. 23
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Rule 16 of the Accommodation Allocation Rules 2002, in case of the death of an allottee civil servant during service, the bereaved family may retain the accommodation for:
A
One year, or until the date on which the deceased would have retired on superannuation, whichever is longer
✓ Correct
B
Ten days only
C
Thirty years
D
Indefinitely without payment
💡
Step-by-Step Explanation & Concept Rationale
Under Rule 16, the family of a deceased civil servant who died during active service is entitled to retain government accommodation for a compassionate period of one year, extendable or until superannuation date under specified conditions.
Q. 24
Judicial Studies
Difficulty: Hard
(1 Mark)
Under the Land and Building (Recovery of Possession) Act 1965, an order of summary eviction passed by an Estate Officer against an unauthorized trespasser on federal land:
A
Cannot be called into question in any civil court, barring their jurisdiction
✓ Correct
B
Requires prior permission of the United Nations
C
Is appealable to the Civil Judge Class III within 10 years
D
Is automatically nullified after 24 hours
💡
Step-by-Step Explanation & Concept Rationale
The Land and Building (Recovery of Possession) Act contains an ouster clause barring the jurisdiction of civil courts over summary eviction proceedings conducted by authorized estate officers under the statute.
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Showing 24 of 24 Questions (100%)
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All 24 Solved Questions in Civil Servants Act 1973 & Service Rules Loaded!
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Q. 1
Judicial Studies
Difficulty: Easy
(1 Mark)
The Prevention of Electronic Crimes Act (PECA) was enacted in Pakistan in which year?
A
2016
✓ Correct
B
2002
C
2012
D
2020
💡
Step-by-Step Explanation & Concept Rationale
The Prevention of Electronic Crimes Act 2016 (PECA 2016) was enacted on 19th August 2016 to prevent cybercrimes and provide a comprehensive legal framework for electronic evidence and computer offences.
Q. 2
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 3 of PECA 2016, 'Unauthorized Access to Information System or Data' (Hacking) without authorization is punishable with:
A
Imprisonment up to three months, or fine up to fifty thousand rupees, or both
✓ Correct
B
Imprisonment for 14 years
C
Forfeiture of all electronic devices without trial
D
Summary dismissal from university
💡
Step-by-Step Explanation & Concept Rationale
Section 3 of PECA 2016 penalizes simple unauthorized access to any information system or data with imprisonment up to three months or fine up to fifty thousand rupees or both.
Q. 3
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 10 of PECA 2016, 'Cyber Terrorism' is committed when a person accesses critical infrastructure or computer systems with intent to coerce, intimidate or create a sense of fear, panic or insecurity in the Government or public, punishable with:
A
Imprisonment which may extend to fourteen years, or with fine up to fifty million rupees, or both
✓ Correct
B
Imprisonment up to one year only
C
Fine of Rs. 100,000 only
D
Banishment from the country
💡
Step-by-Step Explanation & Concept Rationale
Section 10 PECA 2016 establishes the offence of Cyber Terrorism, punishable with imprisonment which may extend to 14 years, or with fine up to 50 million rupees, or both.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 13 of PECA 2016, 'Electronic Forgery' involves making or transmitting any false electronic data with intent to cause damage or injury to the public or any person, punishable with:
A
Imprisonment up to three years, or fine up to two hundred and fifty thousand rupees, or both
✓ Correct
B
Life imprisonment
C
Death sentence
D
Simple verbal warning
💡
Step-by-Step Explanation & Concept Rationale
Section 13 PECA penalizes electronic forgery with imprisonment up to three years, or fine up to 250,000 rupees, or both.
Q. 5
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 14 of PECA 2016, 'Electronic Fraud' (deceptively obtaining any gain or causing loss through electronic medium) is punishable with imprisonment up to:
A
Four years, or fine up to one million rupees, or both
✓ Correct
B
Six months only
C
Twenty years
D
Two weeks
💡
Step-by-Step Explanation & Concept Rationale
Section 14 PECA 2016 penalizes electronic fraud (operating deceptive information systems for dishonest gain) with imprisonment up to four years, or fine up to one million rupees, or both.
Q. 6
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 16 of PECA 2016, 'Unauthorized Use of Identity Information' (Identity Theft) involves using another person's identity information without authorization, punishable with:
A
Imprisonment up to three years, or fine up to five million rupees, or both
✓ Correct
B
Fine of Rs. 10,000 only
C
Ten years imprisonment
D
Civil damages only
💡
Step-by-Step Explanation & Concept Rationale
Section 16 PECA 2016 penalizes identity theft (unauthorized acquisition, sale, or transmission of biometric, CNIC, or login data of another) with imprisonment up to three years or fine up to five million rupees or both.
Q. 7
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 20 of PECA 2016, offences against the dignity of a natural person (online defamation through display or exhibition of false information) is punishable with:
A
Imprisonment up to three years, or fine up to one million rupees, or both
✓ Correct
B
Death sentence
C
Ten years imprisonment
D
Forfeiture of mobile phone without trial
💡
Step-by-Step Explanation & Concept Rationale
Section 20 PECA 2016 penalizes transmitting false information which harms the reputation or privacy of a natural person with imprisonment up to three years or fine up to one million rupees or both.
Q. 8
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 24 of PECA 2016, 'Cyberstalking' includes which of the following acts committed with intent to coerce, intimidate, or harass?
A
Following a person or monitoring their internet usage, sending unsolicited communication, or capturing and displaying pictures/videos without consent
✓ Correct
B
Reading an official government gazette website
C
Sending a business invoice by email
D
Browsing public library databases
💡
Step-by-Step Explanation & Concept Rationale
Section 24 PECA 2016 comprehensively defines Cyberstalking to include monitoring online activity, repeated unsolicited messages, or publishing photos/videos without consent to cause apprehension or distress, punishable with imprisonment up to 3 years or fine up to 1 million rupees.
Q. 9
Judicial Studies
Difficulty: Easy
(1 Mark)
Which designated federal agency is authorized under Section 29 of PECA 2016 to investigate electronic and cyber crimes in Pakistan?
A
Federal Investigation Agency (FIA - Cyber Crime Wing)
✓ Correct
B
Pakistan Telecommunication Authority (PTA)
C
Pakistan Electronic Media Regulatory Authority (PEMRA)
D
National Database and Registration Authority (NADRA)
💡
Step-by-Step Explanation & Concept Rationale
Under Section 29 of PECA 2016, the Federal Government designated the Federal Investigation Agency (specifically its Cyber Crime Wing) as the premier investigation agency for cyber offences.
Q. 10
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 32 of PECA 2016, a service provider (telecom operator, ISP) is legally obligated to retain traffic data for a minimum period of:
A
One year (or as prescribed, minimum ninety days)
✓ Correct
B
Two weeks only
C
Ten years
D
Indefinitely
💡
Step-by-Step Explanation & Concept Rationale
Section 32 PECA 2016 requires service providers to retain specified traffic data for a minimum period of one year (subject to rules, with 90 days expedited retention orders under Section 31).
Q. 11
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 37 of PECA 2016, which authority is empowered to block or remove unlawful online content that is against the glory of Islam, security of Pakistan, public order, or morality?
A
Pakistan Telecommunication Authority (PTA)
✓ Correct
B
Federal Investigation Agency (FIA)
C
Pakistan Bar Council
D
High Court Registrar
💡
Step-by-Step Explanation & Concept Rationale
Section 37 PECA 2016 confers regulatory authority on the Pakistan Telecommunication Authority (PTA) to direct blocking or removal of access to unlawful online content.
Q. 12
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 4 of PECA 2016, 'Unauthorized copying or transmission of data' with dishonest intention is punishable with imprisonment up to:
A
Six months, or fine up to one hundred thousand rupees, or both
✓ Correct
B
Five years
C
Fourteen years
D
One week
💡
Step-by-Step Explanation & Concept Rationale
Section 4 of PECA 2016 penalizes unauthorized copying or transmission of data without authorization with imprisonment up to six months, or fine up to 100,000 rupees, or both.
Q. 13
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 5 of PECA 2016, 'Interference with Information System or Data' (e.g. introducing malware, altering or destroying data) is punishable with imprisonment up to:
A
Two years, or fine up to five hundred thousand rupees, or both
✓ Correct
B
Ten years
C
Life imprisonment
D
Twenty-four hours
💡
Step-by-Step Explanation & Concept Rationale
Section 5 of PECA penalizes impairing or interfering with the operation or functionality of an information system with imprisonment up to two years, or fine up to 500,000 rupees, or both.
Q. 14
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 6 of PECA 2016, unauthorized access to 'Critical Infrastructure Information System or Data' (such as state defense, power grid, or banking networks) is punishable with imprisonment up to:
A
Three years, or fine up to one million rupees, or both
✓ Correct
B
Three months
C
Thirty years
D
Fine only without imprisonment
💡
Step-by-Step Explanation & Concept Rationale
Section 6 PECA penalizes unauthorized access to critical infrastructure information systems with imprisonment up to three years or fine up to one million rupees or both.
Q. 15
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 7 of PECA 2016, interference with Critical Infrastructure Information System or Data (e.g. sabotaging national power grid or telecom networks) carries punishment up to:
A
Five years imprisonment, or fine up to five million rupees, or both
✓ Correct
B
Six months
C
Death sentence
D
Civil damages only
💡
Step-by-Step Explanation & Concept Rationale
Section 7 PECA prescribes rigorous imprisonment up to five years, or fine up to five million rupees, or both for interfering with critical infrastructure systems.
Q. 16
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 8 of PECA 2016, 'Glorification of an Offence' (promoting or justifying terrorism or proscribed organizations online) is punishable with imprisonment up to:
A
Five years, or fine up to ten million rupees, or both
✓ Correct
B
Two months
C
One year
D
No imprisonment
💡
Step-by-Step Explanation & Concept Rationale
Section 8 of PECA 2016 penalizes glorification of offences related to terrorism or banned outfits through electronic means with imprisonment up to five years or fine up to ten million rupees or both.
Q. 17
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 9 of PECA 2016, 'Hate Speech' through any information system or device targeting religion, sectarian group, or race is punishable with imprisonment up to:
A
Seven years, or fine, or both
✓ Correct
B
One month
C
Three days
D
Fifty years
💡
Step-by-Step Explanation & Concept Rationale
Section 9 PECA 2016 penalizes online hate speech that incites religious, sectarian, or ethnic hatred with imprisonment up to seven years or fine or both.
Q. 18
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 11 of PECA 2016, 'Hate Speech and Electronic Terrorism Funding' (raising funds online for terrorist organizations) is punishable with imprisonment up to:
A
Seven years, or fine, or both
✓ Correct
B
Six months
C
Two years
D
Fine of Rs. 1,000 only
💡
Step-by-Step Explanation & Concept Rationale
Section 11 PECA 2016 penalizes preparing, propagating, or collecting funds for terrorism through electronic devices with imprisonment up to seven years, or fine, or both.
Q. 19
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 17 of PECA 2016, 'Electronic theft of communication' without authorization from the service provider or user is punishable with imprisonment up to:
A
Three years, or fine up to one million rupees, or both
✓ Correct
B
Twenty years
C
One day
D
No criminal charge
💡
Step-by-Step Explanation & Concept Rationale
Section 17 PECA penalizes unauthorized interception, divert, or theft of telecom or electronic communication signals with imprisonment up to three years or fine up to one million rupees or both.
Q. 20
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 18 of PECA 2016, 'Offences against dignity of natural person' (online harassment through false speech or altered content) is non-cognizable and bailable, requiring:
A
A formal complaint by the aggrieved person before the Court or designated agency
✓ Correct
B
Automatic warrantless arrest by any police constable
C
A presidential decree
D
Approval of the Supreme Judicial Council
💡
Step-by-Step Explanation & Concept Rationale
Section 18/20 offences are compoundable, bailable, and non-cognizable, meaning the investigating agency can only initiate criminal proceedings upon the formal grievance of the aggrieved natural person.
Q. 21
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 21 of PECA 2016, 'Cyber harassment involving display or transmission of sexually explicit images/videos without consent' or morphing photographs is punishable with imprisonment up to:
A
Five years, or fine up to five million rupees, or both (or seven years if the victim is a minor)
✓ Correct
B
One month
C
Twenty years
D
Fine of Rs. 500 only
💡
Step-by-Step Explanation & Concept Rationale
Section 21 PECA strictly punishes non-consensual sharing or morphing of sexually explicit images with imprisonment up to five years and fine up to five million rupees; if the victim is a child/minor, imprisonment extends up to seven years.
Q. 22
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 22 of PECA 2016, 'Child Sexual Abuse Material' (creating, possessing, distributing child pornography online) is punishable with imprisonment which may extend to:
A
Seven years, or fine up to five million rupees, or both
✓ Correct
B
Six months
C
Two weeks
D
Pardon upon first offence
💡
Step-by-Step Explanation & Concept Rationale
Section 22 of PECA 2016 prescribes rigorous imprisonment up to seven years and fine up to five million rupees for producing, distributing, or possessing child sexual abuse material.
Q. 23
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Section 25 of PECA 2016, 'Spamming' (transmitting unsolicited bulk communications commercial or fraudulent in nature without recipient consent) is punishable with fine up to:
A
Fifty thousand rupees for first offence (and up to one million for subsequent offence)
✓ Correct
B
Ten million rupees immediately
C
Ten rupees
D
Imprisonment for 14 years
💡
Step-by-Step Explanation & Concept Rationale
Section 25 PECA 2016 penalizes transmission of spam with a fine up to 50,000 rupees for the first offence, and for subsequent offences with imprisonment up to three months or fine up to 1,000,000 rupees.
Q. 24
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 26 of PECA 2016, 'Spoofing' (falsifying header information in emails or network packets to deceive the recipient) with dishonest intention is punishable with imprisonment up to:
A
Three years, or fine up to five hundred thousand rupees, or both
✓ Correct
B
Ten years
C
One week
D
No imprisonment
💡
Step-by-Step Explanation & Concept Rationale
Section 26 PECA penalizes spoofing (establishing a fake website or sending communications pretending to be from another identity) with imprisonment up to three years or fine up to 500,000 rupees or both.
Q. 25
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 33 of PECA 2016, an authorized officer investigating a cyber offence may apply to which judicial authority for a search and seizure warrant for electronic devices?
A
The Court of Session / designated Magistrate
✓ Correct
B
The Police Station SHO
C
The Telecom Operator General Manager
D
The Secretary of Law
💡
Step-by-Step Explanation & Concept Rationale
Section 33 of PECA 2016 requires the investigating officer to obtain a warrant from the Court having jurisdiction to search premises and seize information systems, computers, or storage media.
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Q. 1
Judicial Studies
Difficulty: Easy
(1 Mark)
The Pakistan Environmental Protection Act 1997 (Act No. XXXIV of 1997) was enacted to provide for the:
A
Protection, conservation, rehabilitation and improvement of the environment, prevention and control of pollution, and promotion of sustainable development
✓ Correct
B
Management of naval ports only
C
Regulation of stock exchanges
D
Levy of agricultural income taxes
💡
Step-by-Step Explanation & Concept Rationale
The Preamble to PEPA 1997 establishes its legislative intent: An Act to provide for the protection, conservation, rehabilitation and improvement of the environment, for the prevention and control of pollution, and promotion of sustainable development.
Q. 2
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 3 of PEPA 1997, who serves as the Chairperson of the Pakistan Environmental Protection Council (PEPC)?
A
The Prime Minister of Pakistan (or such other person as the Prime Minister may nominate)
✓ Correct
B
The Chief Justice of Pakistan
C
The Director General of Pak-EPA
D
The President of the World Wildlife Fund
💡
Step-by-Step Explanation & Concept Rationale
Section 3(2) of PEPA 1997 provides that the Pakistan Environmental Protection Council (PEPC) shall consist of the Prime Minister (or his nominee) as Chairperson, the Federal Minister in charge of environment as Vice-Chairperson, and provincial environment ministers as members.
Q. 3
Judicial Studies
Difficulty: Easy
(1 Mark)
What does 'NEQS' stand for in environmental governance under PEPA 1997?
A
National Environmental Quality Standards
✓ Correct
B
National Ecological Quota System
C
Naval Emission Quality Survey
D
Natural Environment Quick Screen
💡
Step-by-Step Explanation & Concept Rationale
Under Section 2(xxvii) of PEPA 1997, 'NEQS' stands for National Environmental Quality Standards established by the Federal Agency under Section 6(1)(e) fixing permissible limits for discharges of industrial effluents and air emissions.
Q. 4
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 11 of PEPA 1997, no person shall discharge or emit any effluent or waste or air pollutant or noise in an amount, concentration or level which is in excess of:
A
The National Environmental Quality Standards (NEQS)
✓ Correct
B
Municipal budget allocations
C
Ten kilograms per minute
D
International shipping guidelines
💡
Step-by-Step Explanation & Concept Rationale
Section 11(1) PEPA 1997 provides a strict statutory prohibition: Subject to provisions of the Act, no person shall discharge or emit any effluent or waste or air pollutant or noise in excess of the NEQS.
Q. 5
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 12 of PEPA 1997, no proponent of a project shall commence construction or operation unless he has filed with the Federal/Provincial Agency an:
A
Initial Environmental Examination (IEE) or Environmental Impact Assessment (EIA), and obtained approval
✓ Correct
B
Application for patent registration
C
Affidavit before a notary public only
D
Import invoice
💡
Step-by-Step Explanation & Concept Rationale
Section 12(1) PEPA 1997 is a fundamental environmental prerequisite: No proponent of a project shall commence construction or operation unless he has filed an Initial Environmental Examination (IEE) or, where the project is likely to cause adverse environmental effects, an Environmental Impact Assessment (EIA), and obtained approval from the EPA.
Q. 6
Judicial Studies
Difficulty: Hard
(1 Mark)
What is the key difference between an Initial Environmental Examination (IEE) and an Environmental Impact Assessment (EIA) under Pak-EPA (Review of IEE/EIA) Regulations 2000?
A
An IEE is a preliminary environmental review for projects with lesser environmental impact (Schedule I); an EIA is a comprehensive, detailed study with mandatory public hearing for major projects (Schedule II)
✓ Correct
B
An IEE is conducted only by foreign consultants
C
An EIA does not apply to industrial projects
D
An IEE is required only after factory construction is completed
💡
Step-by-Step Explanation & Concept Rationale
Under the Pak-EPA Regulations 2000, Schedule I projects require an IEE (simpler screening review), whereas Schedule II projects (heavy industry, dams, highways, toxic chemical plants) require a comprehensive EIA including public consultation and mandatory public notice/hearing.
Q. 7
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 16 of PEPA 1997, where the Director General of the Agency is satisfied that any person is discharging pollutants causing serious pollution, he may issue an:
A
Environmental Protection Order (EPO) directing immediate cessation or corrective measures
✓ Correct
B
Decree of execution of debt
C
Arrest warrant without judicial confirmation
D
Import ban order
💡
Step-by-Step Explanation & Concept Rationale
Section 16 PEPA 1997 empowers the DG EPA to issue an Environmental Protection Order (EPO) directing the polluter to take immediate remedial measures, cease operation, or install pollution control devices.
Q. 8
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 17 of PEPA 1997, failure to comply with an Environmental Protection Order or violation of Section 12 (commencing project without EIA) is punishable with fine up to:
A
One million rupees (amended to higher figures under provincial EPAs, and additional daily fine for continuing failure)
✓ Correct
B
One thousand rupees only
C
Ten rupees per day
D
No financial penalty
💡
Step-by-Step Explanation & Concept Rationale
Section 17(1) PEPA 1997 prescribes a fine which may extend to one million rupees, and in case of continuing contravention, an additional fine which may extend to one hundred thousand rupees for every day during which failure continues.
Q. 9
Judicial Studies
Difficulty: Easy
(1 Mark)
In environmental jurisprudence in Pakistan, the landmark judgment 'Shehla Zia v. WAPDA' (PLD 1994 SC 693) expanded the Fundamental Right to Life (Article 9) to include:
A
The right to a clean, healthy, unpolluted environment free from ecological hazards
✓ Correct
B
Free electricity supply to all rural citizens
C
Immunity of government power corporations from suits
D
Exemption from paying utility bills
💡
Step-by-Step Explanation & Concept Rationale
In the historic Shehla Zia case (1994), the Supreme Court of Pakistan ruled that the right to life under Article 9 does not mean mere animal existence, but includes the right to a clean, safe, and healthy environment, adopting the Precautionary Principle and Sustainable Development into Pakistani law.
Q. 10
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 2(ii) of PEPA 1997, 'Adverse Environmental Effect' includes impairment of or damage to:
A
Human health and safety, ecological systems, biodiversity, property, or normal amenity of neighborhood
✓ Correct
B
Corporate stock prices only
C
Foreign exchange reserves
D
Parliamentary voting registers
💡
Step-by-Step Explanation & Concept Rationale
Section 2(ii) comprehensively defines adverse environmental effect as impairment of human health, ecosystems, living resources, material assets, or environmental amenities.
Q. 11
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 5 of PEPA 1997, the Pakistan Environmental Protection Agency (Pak-EPA) is headed by a:
A
Director General appointed by the Federal Government
✓ Correct
B
Session Judge
C
Chief of Naval Staff
D
Inspector General of Prisons
💡
Step-by-Step Explanation & Concept Rationale
Section 5(2) of PEPA 1997 provides that the Federal Agency (Pak-EPA) shall be headed by a Director General appointed by the Federal Government.
Q. 12
Judicial Studies
Difficulty: Medium
(1 Mark)
Following the 18th Constitutional Amendment in 2010, environmental protection became primarily a:
A
Provincial legislative and executive subject (with provincial EPAs enacting provincial environmental laws)
✓ Correct
B
Purely municipal corporation matter
C
Military defence domain
D
United Nations direct mandate
💡
Step-by-Step Explanation & Concept Rationale
Following the 18th Amendment, the Concurrent Legislative List was abolished, devolving environment to the provinces (e.g., Punjab Environmental Protection Act 1997 amended 2012, Sindh EPA Act 2014, KP EPA Act 2014), while Pak-EPA retains jurisdiction over Islamabad Capital Territory and federal trans-boundary issues.
Q. 13
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 6(1)(g) of PEPA 1997, Pak-EPA has the statutory power to certify:
A
Environmental laboratories and appoint environmental analysts
✓ Correct
B
Chartered accounting firms
C
Commercial airline pilots
D
Pharmaceutical sales representatives
💡
Step-by-Step Explanation & Concept Rationale
Section 6(1)(g) empowers the Federal Agency to certify environmental laboratories and appoint environmental analysts to test effluent samples and emission reports.
Q. 14
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 9 of PEPA 1997, Provincial Sustainable Development Funds are established to:
A
Provide financial assistance for environmental projects, pollution prevention, and research
✓ Correct
B
Subsidize petroleum imports
C
Pay salaries of judicial magistrates
D
Fund political campaigns
💡
Step-by-Step Explanation & Concept Rationale
Section 9 PEPA provides for the establishment of Provincial Sustainable Development Funds, managed by a statutory Board, to provide grants and low-interest loans for clean technology and environmental conservation.
Q. 15
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 13 of PEPA 1997, the import of hazardous waste into Pakistan or its territorial waters is:
A
Strictly prohibited
✓ Correct
B
Permitted with simple municipal fee
C
Allowed without inspection
D
Permitted if imported by shipbreaking yards without license
💡
Step-by-Step Explanation & Concept Rationale
Section 13 of PEPA 1997 strictly prohibits the import of hazardous waste into Pakistan and its territorial waters, aligning with Pakistan's obligations under the Basel Convention.
Q. 16
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 14 of PEPA 1997, handling of hazardous substances (generating, collecting, treating, transporting) is prohibited except under a:
A
License issued by the Federal or Provincial Agency or in accordance with relevant law
✓ Correct
B
Verbal agreement with local union council
C
Trade union registration
D
Customs clearance certificate only
💡
Step-by-Step Explanation & Concept Rationale
Section 14 PEPA 1997 mandates that no person shall generate, collect, consign, transport, treat, dispose of, or handle hazardous substances except under a statutory license issued by the EPA.
Q. 17
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 15 of PEPA 1997, no person shall operate a motor vehicle from which air pollutants or noise are being emitted in excess of:
A
The National Environmental Quality Standards (NEQS)
✓ Correct
B
The weight of the vehicle
C
The engine displacement capacity
D
International Maritime Organization limits
💡
Step-by-Step Explanation & Concept Rationale
Section 15 of PEPA 1997 empowers environmental and traffic authorities to inspect and regulate motor vehicles to ensure vehicular emissions and vehicular noise comply with NEQS.
Q. 18
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 20 of PEPA 1997, the Chairperson of an Environmental Tribunal must be a person who is, or has been, or is qualified to be a:
A
Judge of the High Court
✓ Correct
B
Senior Civil Judge
C
Police Superintendent
D
Chartered Accountant
💡
Step-by-Step Explanation & Concept Rationale
Section 20(2) of PEPA 1997 specifies that the Chairperson of an Environmental Tribunal shall be a person who is, or has been, or is qualified to be, a Judge of a High Court.
Q. 19
Judicial Studies
Difficulty: Hard
(1 Mark)
An Environmental Tribunal constituted under Section 20 of PEPA 1997 consists of the Chairperson and:
A
Two members, of whom at least one must be a technical member with suitable environmental qualifications
✓ Correct
B
Five members from municipal corporations
C
Only one civil magistrate
D
Ten police officers
💡
Step-by-Step Explanation & Concept Rationale
Section 20(3) of PEPA provides that the Tribunal consists of a Chairperson and two members, of whom at least one shall be a technical member having suitable professional qualifications and experience in environmental protection.
Q. 20
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Section 21 of PEPA 1997, the Environmental Tribunal exercises:
A
Both civil powers of a Civil Court under the CPC and criminal powers of a Court of Session under the CrPC
✓ Correct
B
Only advisory powers without execution capacity
C
Powers of a tax assessor
D
Powers limited to issuing verbal warnings
💡
Step-by-Step Explanation & Concept Rationale
Section 21 PEPA confers comprehensive jurisdiction: For trial of offences, the Tribunal exercises the powers of a Court of Session under CrPC; for hearing appeals against orders of the DG, it exercises the powers of a Civil Court under CPC 1908.
Q. 21
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 22 of PEPA 1997, any person aggrieved by an order or direction of the Director General EPA (such as an EPO) may appeal to the Environmental Tribunal within:
A
Thirty days of the date of communication of the order
✓ Correct
B
Three days only
C
One year
D
Ten days
💡
Step-by-Step Explanation & Concept Rationale
Section 22 of PEPA 1997 provides a 30-day statutory limitation period for filing an appeal before the Environmental Tribunal against any order, decision or directive issued by the Federal or Provincial DG EPA.
Q. 22
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 23 of PEPA 1997, any person aggrieved by any final decision or sentence of the Environmental Tribunal may prefer an appeal to the:
A
High Court within thirty days
✓ Correct
B
Supreme Court directly within one year
C
Federal Cabinet
D
Sessions Court
💡
Step-by-Step Explanation & Concept Rationale
Section 23 of PEPA provides that an appeal against any final order or sentence passed by the Environmental Tribunal lies to the High Court within thirty days, heard by a bench of not less than two judges (Division Bench).
Q. 23
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 26 of PEPA 1997, where an environmental offence is committed by a company or body corporate, who is deemed guilty of the offence?
A
Every director, partner and officer, unless he proves that the offence was committed without his knowledge or that he exercised due diligence
✓ Correct
B
The factory gatekeeper only
C
The minor shareholders
D
No natural person can be prosecuted
💡
Step-by-Step Explanation & Concept Rationale
Section 26 PEPA creates statutory vicarious liability: Every director, partner, and officer of the corporation is deemed guilty unless he proves due diligence or lack of knowledge.
Q. 24
Judicial Studies
Difficulty: Hard
(1 Mark)
Under Section 27 of PEPA 1997, where an environmental offence has been committed by any Government Department or statutory authority, who is deemed guilty?
A
The Head of the Department, unless he proves that the offence was committed without his knowledge or that he exercised due diligence
✓ Correct
B
The junior clerk of the office
C
The Prime Minister personally
D
The municipal sweeper
💡
Step-by-Step Explanation & Concept Rationale
Section 27 of PEPA explicitly pins statutory liability on the Head of the Government Department, unless he proves lack of knowledge or due diligence.
Q. 25
Judicial Studies
Difficulty: Easy
(1 Mark)
What does the 'Precautionary Principle' dictate in environmental jurisprudence?
A
Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation
✓ Correct
B
Industrial development must proceed without any environmental review
C
Fines should only be levied after species extinction occurs
D
Polluters are immune until absolute laboratory proof is established
💡
Step-by-Step Explanation & Concept Rationale
Principle 15 of Rio Declaration and established Pakistani environmental jurisprudence (Shehla Zia case) establishes that lack of complete scientific certainty cannot justify delaying protective measures against ecological threats.
Study Stream Progress:
Showing 25 of 27 Questions (93%)
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🎉
All 27 Solved Questions in Environmental Laws & PEPA 1997 Loaded!
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Q. 1
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 3 of the Federal Investigation Agency (FIA) Act 1974, the Agency is constituted for the purpose of:
A
Inquiry into and investigation of the offences specified in the Schedule, including offences connected with matters concerning Federal Government
✓ Correct
B
Maintaining ordinary municipal street lighting
C
Conducting general population census
D
Administering civil property registrations
💡
Step-by-Step Explanation & Concept Rationale
Section 3(1) of the FIA Act 1974 provides that the Federal Government may constitute an Agency to be called the Federal Investigation Agency for inquiry into and investigation of the offences specified in the Schedule.
Q. 2
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 4 of the FIA Act 1974, the superintendence of the Agency vests in the:
A
Federal Government (Ministry of Interior)
✓ Correct
B
Supreme Court of Pakistan
C
Chief of Army Staff
D
Inspector General of Police of Islamabad
💡
Step-by-Step Explanation & Concept Rationale
Section 4(1) of the FIA Act dictates that the superintendence of the Agency shall vest in the Federal Government, and the administration of the Agency vests in the Director General appointed by Federal Government.
Q. 3
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 5(1) of the FIA Act 1974, members of the Agency have, throughout Pakistan, in relation to investigation of scheduled offences:
A
All the powers, privileges, liabilities and immunities which police officers have in connection with the investigation of offences under the CrPC
✓ Correct
B
No powers of arrest without permission of local police
C
Powers to pass judicial convictions directly
D
Only power to conduct oral interviews without search
💡
Step-by-Step Explanation & Concept Rationale
Section 5(1) confers statutory police powers on FIA officers: Members of the Agency shall have throughout Pakistan, in relation to the investigation of scheduled offences, all the powers, search, arrest, and seizure which police officers have under the Code of Criminal Procedure 1898.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 5(2) of the FIA Act, an officer of the Agency not below which rank may exercise any of the powers of an officer-in-charge of a police station (SHO)?
A
Sub-Inspector
✓ Correct
B
Head Constable
C
Assistant Sub-Inspector (ASI)
D
Inspector only
💡
Step-by-Step Explanation & Concept Rationale
Section 5(2) provides that any member of the Agency not below the rank of Sub-Inspector may, in relation to scheduled offences, exercise any of the powers of an officer-in-charge of a police station in the area in which he is for the time being deployed.
Q. 5
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 5(5) of the FIA Act 1974, if an officer of the Agency has reasonable ground to believe that any property which is the subject matter of an inquiry or investigation is likely to be removed or disposed of, he may:
A
Make an order in writing directing that such property shall not be transferred or dealt with (Freezing Order)
✓ Correct
B
Immediately sell the property by public auction
C
Distribute the property among the informants
D
Impose a personal fine of Rs. 100,000 on the owner
💡
Step-by-Step Explanation & Concept Rationale
Section 5(5) of the FIA Act empowers an authorized officer of the Agency to make an order in writing seizing or prohibiting the transfer or dealing with property connected with scheduled offences.
Q. 6
Judicial Studies
Difficulty: Easy
(1 Mark)
Which of the following offences is included in the Schedule to the FIA Act 1974?
A
Offences under the Emigration Ordinance 1979, Foreign Exchange Regulation Act 1947, Passports Act 1974, and Prevention of Electronic Crimes Act 2016
✓ Correct
B
Local petty theft of domestic cattle
C
Routine matrimonial maintenance disputes
D
Municipal parking violations
💡
Step-by-Step Explanation & Concept Rationale
The Schedule to the FIA Act contains federal crimes: offences punishable under PPC (corruption, currency, forgery, cheating of federal banks), Emigration Ordinance 1979, Passports Act 1974, Foreign Exchange Regulation Act 1947, PECA 2016, and Anti-Money Laundering Act 2010.
Q. 7
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 2(a) of the FIA Act 1974, 'Agency' means:
A
The Federal Investigation Agency constituted under Section 3
✓ Correct
B
The provincial police department
C
The Central Board of Revenue
D
The Intelligence Bureau
💡
Step-by-Step Explanation & Concept Rationale
Section 2(a) of the FIA Act 1974 defines 'Agency' as the Federal Investigation Agency constituted under Section 3.
Q. 8
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 5A of the FIA Act 1974, an officer of the Agency investigating an offence may, with prior approval of the Director General or a Director, issue an order:
A
Freezing or prohibiting the transfer or dealing with property believed to be involved in a scheduled offence
✓ Correct
B
Dismissing a sitting judge of the High Court
C
Declaring martial law in a district
D
Canceling the national census
💡
Step-by-Step Explanation & Concept Rationale
Section 5A empowers authorized officers of the Agency to pass an order of attachment or freezing of property involved in scheduled offences during inquiry or investigation.
Q. 9
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 6 of the FIA Act 1974, the Director General may delegate any of his powers under the Act to:
A
Any member of the Agency
✓ Correct
B
Private security contractors
C
Foreign embassy personnel
D
Municipal councilors
💡
Step-by-Step Explanation & Concept Rationale
Section 6 of the FIA Act allows the Director General, by order in writing, to delegate all or any of his powers under the Act or rules to any member of the Agency.
Q. 10
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 7 of the FIA Act 1974, who has the statutory power to make rules for carrying out the purposes of the Act?
A
The Federal Government
✓ Correct
B
The Director General unilaterally
C
The Supreme Court Registrar
D
The Provincial Governors
💡
Step-by-Step Explanation & Concept Rationale
Section 7 provides that the Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of the Act, under which the FIA (Inquiry and Investigation) Rules 2002 were framed.
Q. 11
Judicial Studies
Difficulty: Medium
(1 Mark)
Which statute was repealed by Section 9 of the Federal Investigation Agency Act 1974 upon its enactment?
A
The Pakistan Special Police Establishment Ordinance 1948
✓ Correct
B
The Police Act 1861
C
The Code of Criminal Procedure 1898
D
The Evidence Act 1872
💡
Step-by-Step Explanation & Concept Rationale
Section 9 of the FIA Act 1974 repealed the Pakistan Special Police Establishment Ordinance 1948, transferring all its personnel, inquiries, and records to the newly created FIA.
Q. 12
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Criminal Law Amendment Act 1958, scheduled offences committed by federal public servants are exclusively triable by:
A
Special Judges (Central)
✓ Correct
B
Executive Magistrates
C
Civil Judges Class II
D
Conciliation Courts
💡
Step-by-Step Explanation & Concept Rationale
Under Section 4 and 5 of the Criminal Law Amendment Act 1958, Special Judges (Central) appointed by the Federal Government have exclusive jurisdiction to try scheduled offences investigated by the FIA against federal employees and public corruption.
Q. 13
Judicial Studies
Difficulty: Medium
(1 Mark)
An appeal against an order of conviction or acquittal passed by a Special Judge (Central) lies to the:
A
High Court within whose jurisdiction the court of the Special Judge is situated
✓ Correct
B
Supreme Court directly
C
Federal Ombudsman
D
Sessions Judge
💡
Step-by-Step Explanation & Concept Rationale
Under Section 10 of the Criminal Law Amendment Act 1958, an appeal against any final judgment or order of a Special Judge (Central) lies to the High Court as if the Special Judge were a Court of Session.
Q. 14
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 17 & 18 of the Emigration Ordinance 1979 (investigated by FIA), charging unlawful recruitment fees or assisting unlawful emigration is punishable with imprisonment up to:
A
Fourteen years and fine (minimum 5 years)
✓ Correct
B
One month only
C
Seven days
D
No imprisonment, only warning
💡
Step-by-Step Explanation & Concept Rationale
Sections 17 and 18 of the Emigration Ordinance 1979 prescribe severe penalties for human smuggling and unauthorized recruitment: imprisonment for a term which may extend to fourteen years, with statutory minimum terms.
Q. 15
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 6 of the Passports Act 1974 (scheduled offence under FIA Act), making a false statement to obtain a passport or possessing multiple passports fraudulently is punishable with imprisonment up to:
A
Three years, or fine, or both
✓ Correct
B
Life imprisonment
C
Death
D
Ten days only
💡
Step-by-Step Explanation & Concept Rationale
Section 6 of the Passports Act 1974 prescribes imprisonment which may extend to three years, or fine, or both for obtaining passports through false representation or possessing forged passports.
Q. 16
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Prevention of Corruption Act (PCA) 1947, Section 5(1) defines:
A
Criminal misconduct by a public servant (including accepting illegal gratification, abusing position, or possessing disproportionate assets)
✓ Correct
B
Defamation of private citizens
C
Traffic violations
D
Unlawful assembly on highways
💡
Step-by-Step Explanation & Concept Rationale
Section 5(1) of PCA 1947 defines criminal misconduct: A public servant commits criminal misconduct if he habitually accepts gratification, dishonestly misappropriates property, or possesses pecuniary resources disproportionate to his known sources of income.
Q. 17
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 5(2) of the Prevention of Corruption Act 1947, criminal misconduct by a public servant is punishable with imprisonment for a term which may extend to:
A
Seven years, or with fine, or with both
✓ Correct
B
Six months only
C
Twenty-five years
D
Life imprisonment
💡
Step-by-Step Explanation & Concept Rationale
Section 5(2) of PCA 1947 prescribes that any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
Q. 18
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 5C of the FIA Act 1974, an officer of the Agency not below the rank of Assistant Director may, if satisfied that a person is involved in an offence, place his name on the:
A
Provisional National Identification List (PNIL) / stop-list for travel restriction
✓ Correct
B
Voter registration list
C
Tax exemption list
D
Honorary consular register
💡
Step-by-Step Explanation & Concept Rationale
FIA immigration controls maintain the PNIL (Provisional National Identification List) and Exit Control List (ECL) under immigration vigilance to prevent suspects in heinous federal crimes from fleeing the country.
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All 18 Solved Questions in FIA Act 1974 & Special Statutes Loaded!
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Q. 1
Judicial Studies
Difficulty: Medium
(1 Mark)
Article 175(3) of the Constitution of Pakistan provides that the Judiciary shall be separated progressively from the Executive within how many years from the commencing day?
A
Fourteen years (completed following the landmark Sharaf Faridi case in 1989/1993)
✓ Correct
B
One year
C
Fifty years
D
Three years
💡
Step-by-Step Explanation & Concept Rationale
Article 175(3) of the Constitution originally mandated the separation of the Judiciary from the Executive within three years (later amended to 14 years). The Supreme Court enforced this mandate in the landmark judgment Sharaf Faridi v. Federation of Pakistan (PLD 1989 SC 61).
Q. 2
Judicial Studies
Difficulty: Easy
(1 Mark)
What is the highest judicial forum in Pakistan established under Part VII of the Constitution?
A
The Supreme Court of Pakistan
✓ Correct
B
The Federal Shariat Court
C
The Judicial Commission
D
The Law and Justice Commission
💡
Step-by-Step Explanation & Concept Rationale
Article 176 provides that the Supreme Court consists of a Chief Justice of Pakistan and so many other Judges as may be determined by Act of Parliament.
Q. 3
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Article 201 of the Constitution, any decision of a High Court shall, to the extent that it decides a question of law or enunciates a principle of law, be binding on:
A
All courts that are subordinate to it
✓ Correct
B
All High Courts in other provinces
C
The Supreme Court
D
The Federal Cabinet
💡
Step-by-Step Explanation & Concept Rationale
Article 201 mandates that subject to Article 189 (decisions of Supreme Court), any decision of a High Court deciding a question of law or enunciating a principle of law is binding on all courts subordinate to it.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
In the doctrine of judicial precedent (Stare Decisis), 'Ratio Decidendi' refers to:
A
The underlying legal principle or rationale that was necessary to determine the judicial decision
✓ Correct
B
A passing remark made by a judge not strictly essential to the decision (Obiter Dictum)
C
The historical background of the litigants
D
The schedule of court fees paid
💡
Step-by-Step Explanation & Concept Rationale
The Ratio Decidendi is the legal reasoning, principle, or rule upon which a court's decision is founded, which forms the binding precedent for subordinate courts. Remarks made by the way are Obiter Dicta (persuasive only).
Q. 5
Judicial Studies
Difficulty: Hard
(1 Mark)
A judgment delivered 'Per Incuriam' in judicial jurisprudence refers to a decision:
A
Rendered in ignorance or forgetfulness of an applicable statutory provision or a binding decision of a superior court
✓ Correct
B
Pronounced by a unanimous five-member full bench
C
Written in Latin rather than English
D
Decided on mutual compromise of the parties
💡
Step-by-Step Explanation & Concept Rationale
A decision is said to be per incuriam ('through lack of care') when it is given in ignorance of the terms of a statute or of a rule having the force of a statute, or a binding precedent of a higher court. Such decisions do not have binding authority.
Q. 6
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Article 212 of the Constitution of Pakistan, Administrative Courts and Service Tribunals exercise:
A
Exclusive jurisdiction in respect of matters relating to the terms and conditions of persons who are or have been in the service of Pakistan
✓ Correct
B
Concurrent jurisdiction with the Civil Courts in all land suits
C
Criminal trial jurisdiction for treason
D
Advisory jurisdiction on economic policy
💡
Step-by-Step Explanation & Concept Rationale
Article 212 authorizes the establishment of Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons who are or have been in civil service, barring civil courts and High Courts under Article 212(2).
Q. 7
Judicial Studies
Difficulty: Medium
(1 Mark)
Appeals against final judgments and orders of the Federal Service Tribunal (FST) lie directly to:
A
The Supreme Court of Pakistan under Article 212(3) (by grant of Leave to Appeal on a substantial question of law of public importance)
✓ Correct
B
The High Court Division Bench
C
The Federal Ombudsman (Wafaqi Mohtasib)
D
The Secretary Establishment Division
💡
Step-by-Step Explanation & Concept Rationale
Under Article 212(3), an appeal to the Supreme Court of Pakistan from a judgment, decree, order or sentence of an Administrative Court or Tribunal lies only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.
Q. 8
Judicial Studies
Difficulty: Easy
(1 Mark)
Special Accountability Courts trying offences of corruption and corrupt practices in Pakistan are established under which statute?
A
The National Accountability Ordinance (NAO) 1999
✓ Correct
B
The Prevention of Corruption Act 1947
C
The Anti-Terrorism Act 1997
D
The Federal Investigation Agency Act 1974
💡
Step-by-Step Explanation & Concept Rationale
Accountability Courts are established by the Federal Government under Section 5(g) of the National Accountability Ordinance 1999 to try offences under the Ordinance (Section 9 - Corruption and Corrupt Practices).
Q. 9
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 25 of the National Accountability Ordinance 1999, the Chairman NAB is empowered to accept:
A
Voluntary Return (VR) and Plea Bargain (PB)
✓ Correct
B
Unconditional pardon without recovery
C
Cash deposits in offshore accounts
D
Exemption from judicial trial for life
💡
Step-by-Step Explanation & Concept Rationale
Section 25 of the NAO 1999 governs Voluntary Return (Sec 25(a)) and Plea Bargain (Sec 25(b)), where an accused person offers to return assets or gains acquired through corruption, subject to approval by the court in case of Plea Bargain.
Q. 10
Judicial Studies
Difficulty: Easy
(1 Mark)
Anti-Terrorism Courts (ATCs) in Pakistan are established under Section 13 of which Act?
A
The Anti-Terrorism Act (ATA) 1997
✓ Correct
B
The Maintenance of Public Order Ordinance 1960
C
The Protection of Pakistan Act 2014
D
The Special Courts Act 1976
💡
Step-by-Step Explanation & Concept Rationale
Anti-Terrorism Courts are established by the Federal or Provincial Governments under Section 13 of the Anti-Terrorism Act 1997 to provide for speedy trial of heinous offences of terrorism, sectarian violence, and organized crime.
Q. 11
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 19(7) of the Anti-Terrorism Act 1997, on taking cognizance of the case, the ATC shall proceed with the trial from day-to-day and shall decide the case within:
A
Seven working days
✓ Correct
B
Thirty working days
C
Six months
D
One year
💡
Step-by-Step Explanation & Concept Rationale
Section 19(7) ATA mandates that the Court shall proceed with the trial from day-to-day and decide the case within seven working days, although in practice complex cases may take longer.
Q. 12
Judicial Studies
Difficulty: Medium
(1 Mark)
Appeals against any judgment, sentence or order passed by an Anti-Terrorism Court lie under Section 25 ATA to:
A
A High Court (heard by a Special Division Bench of at least two Judges)
✓ Correct
B
The Court of Session
C
The Supreme Court directly
D
The Ministry of Interior
💡
Step-by-Step Explanation & Concept Rationale
Under Section 25(1) ATA 1997, an appeal against the judgment of an ATC lies within 15 days to the High Court and shall be heard by a bench of not less than two Judges.
Q. 13
Judicial Studies
Difficulty: Easy
(1 Mark)
Banking Courts in Pakistan are established under which specialized financial enactment?
A
Financial Institutions (Recovery of Finances) Ordinance 2001
✓ Correct
B
Banking Companies Act 1962
C
State Bank of Pakistan Act 1956
D
Negotiable Instruments Act 1881
💡
Step-by-Step Explanation & Concept Rationale
Banking Courts are established under Section 5 of the Financial Institutions (Recovery of Finances) Ordinance 2001 (FIO 2001) for summary recovery of loan defaults and enforcement of mortgages.
Q. 14
Judicial Studies
Difficulty: Medium
(1 Mark)
In a suit filed by a bank under the Financial Institutions (Recovery of Finances) Ordinance 2001, the defendant cannot defend the suit unless he files an application for:
A
Leave to Defend within 30 days of service of summons
✓ Correct
B
Written statement without permission
C
Insolvency protection
D
Stay order from the High Court
💡
Step-by-Step Explanation & Concept Rationale
Under Section 10 FIO 2001, in any suit filed under the Ordinance, the defendant is not entitled to defend the suit unless he applies for and obtains leave to defend from the Banking Court within 30 days of the date of service.
Q. 15
Judicial Studies
Difficulty: Easy
(1 Mark)
Special Judges (Central) are appointed by the Federal Government under the Criminal Law Amendment Act 1958 to try offences investigated by the:
A
Federal Investigation Agency (FIA)
✓ Correct
B
Local Traffic Police
C
Provincial Excise Department only
D
Forestry Rangers
💡
Step-by-Step Explanation & Concept Rationale
Special Judges (Central) are appointed under Section 3 of the Criminal Law Amendment Act 1958 to try offences specified in the schedule, predominantly investigated and prosecuted by the Federal Investigation Agency (FIA).
Q. 16
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Family Courts Act 1964, which of the following matters is NOT within the exclusive jurisdiction of the Family Court?
A
Commercial partnership dissolution
✓ Correct
B
Dissolution of Marriage (including Khula)
C
Dower, Maintenance, and Restitution of Conjugal Rights
D
Custody of children and guardianship
💡
Step-by-Step Explanation & Concept Rationale
Under the Schedule to Section 5 of the Family Courts Act 1964, exclusive jurisdiction vests in Family Courts for: dissolution of marriage, dower, maintenance, restitution of conjugal rights, custody of children/guardianship, jactitation of marriage, and personal property of wife. Commercial partnership is an ordinary civil matter.
Q. 17
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Contempt of Court Ordinance 2003 (read with Article 204 of the Constitution), what are the three recognized classes of Contempt of Court in Pakistan?
A
Civil Contempt, Criminal Contempt, and Judicial Contempt
✓ Correct
B
Direct Contempt, Indirect Contempt, and Statutory Contempt
C
Legislative Contempt, Executive Contempt, and Public Contempt
D
Verbal Contempt, Written Contempt, and Visual Contempt
💡
Step-by-Step Explanation & Concept Rationale
Section 3 of the Contempt of Court Ordinance 2003 classifies contempt into: (1) Civil contempt (willful disobedience to any judgment, decree, direction, order or writ), (2) Criminal contempt (doing any act scandalizing or tending to lower authority of court), and (3) Judicial contempt (depravity of conduct in face of the court).
Q. 18
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 5 of the Contempt of Court Ordinance 2003, what is the maximum punishment that can be awarded for Contempt of Court?
A
Simple imprisonment for a term up to six months, or fine up to Rs. 100,000, or both
✓ Correct
B
Rigorous imprisonment for 10 years
C
Disqualification from voting for life
D
Forfeiture of all family property
💡
Step-by-Step Explanation & Concept Rationale
Section 5 of the Contempt of Court Ordinance 2003 prescribes: Whoever commits contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees, or with both.
Q. 19
Judicial Studies
Difficulty: Easy
(1 Mark)
The Legal Practitioners and Bar Councils Act 1973 governs the legal profession in Pakistan. Which body is the apex regulatory authority for advocates and bar associations across the country?
A
The Pakistan Bar Council (PBC)
✓ Correct
B
The Law and Justice Commission of Pakistan
C
The Supreme Court Bar Association
D
The Federal Ministry of Law and Justice
💡
Step-by-Step Explanation & Concept Rationale
Under the Legal Practitioners and Bar Councils Act 1973, the Pakistan Bar Council (chaired ex-officio by the Attorney-General for Pakistan) is the highest regulatory body governing legal education, enrolment of Supreme Court advocates, and professional conduct of advocates.
Q. 20
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Canons of Professional Conduct of the Pakistan Bar Council, an advocate is strictly prohibited from:
A
Stipulating for or agreeing to receive any share of the proceeds of the litigation or a contingent fee based on results
✓ Correct
B
Representing an accused person in a murder trial
C
Filing an appeal in a civil suit
D
Charging an hourly consultation fee
💡
Step-by-Step Explanation & Concept Rationale
The Canons of Professional Conduct of the PBC prohibit champerty and maintenance: An advocate shall not purchase or agree to purchase any share or interest in the actionable claim or contentious matter, nor agree to a contingent fee sharing proceeds of the judgment.
Q. 21
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Bar Councils Act 1973, who serves as the ex-officio Chairman of the Pakistan Bar Council and the Provincial Bar Councils, respectively?
A
The Attorney-General for Pakistan (for PBC) and the respective Advocate-General of the Province (for Provincial Bar Councils)
✓ Correct
B
The Chief Justice of Pakistan and Provincial Chief Justices
C
The Federal Law Minister and Provincial Law Ministers
D
The President of the Supreme Court Bar Association
💡
Step-by-Step Explanation & Concept Rationale
Under Section 11 of the Act, the Attorney-General for Pakistan is ex-officio Chairman of the Pakistan Bar Council, and the Advocate-General of each Province is ex-officio Chairman of the respective Provincial Bar Council (Punjab, Sindh, KPK, Balochistan Bar Councils).
Q. 22
Judicial Studies
Difficulty: Easy
(1 Mark)
What is the primary role of the Law and Justice Commission of Pakistan (LJCP) established under the Ordinance of 1979?
A
To systematically review, modernize, and recommend reforms in the statutes and administration of justice in Pakistan
✓ Correct
B
To decide appeals from the High Courts
C
To prosecute criminal offenders on behalf of the state
D
To conduct elections for political parties
💡
Step-by-Step Explanation & Concept Rationale
The Law and Justice Commission of Pakistan, headed by the Chief Justice of Pakistan, is a statutory advisory body mandated with systematic reform and modernization of federal and provincial laws, judicial administration, and legal education.
Q. 23
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the hierarchy of Civil Courts established under the West Pakistan Civil Courts Ordinance 1962, what is the hierarchical order of Civil Judges from lowest to highest?
A
Civil Judge Class III, Civil Judge Class II, Civil Judge Class I, Senior Civil Judge
✓ Correct
B
Senior Civil Judge, Civil Judge Class I, Civil Judge Class II
C
Magistrate 3rd Class, Magistrate 2nd Class, Magistrate 1st Class
D
Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge
💡
Step-by-Step Explanation & Concept Rationale
Under the Civil Courts Ordinance 1962, civil courts in districts are graded as: Civil Judge Class III (pecuniary jurisdiction lowest), Civil Judge Class II, Civil Judge Class I (unlimited pecuniary jurisdiction), and Senior Civil Judge / District Judge.
Q. 24
Judicial Studies
Difficulty: Easy
(1 Mark)
The Institution of the Federal Ombudsman (Wafaqi Mohtasib) in Pakistan was established by President's Order No. 1 of 1983 to:
A
Diagnose, investigate, redress and rectify any injustice done to a person through maladministration in federal government agencies
✓ Correct
B
Conduct criminal trials of terrorists
C
Pass decrees in land partition suits
D
Regulate stock market transactions
💡
Step-by-Step Explanation & Concept Rationale
The Wafaqi Mohtasib (Ombudsman)'s Order 1983 establishes the Federal Ombudsman to investigate and rectify maladministration (inefficiency, corruption, delay, neglect) by any agency or official of the Federal Government.
Q. 25
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Wafaqi Mohtasib's Order 1983, which matters are expressly EXCLUDED from the jurisdiction of the Federal Ombudsman?
A
Sub-judice matters before a court of law, matters concerning foreign affairs, and matters relating to the armed forces
✓ Correct
B
Complaints against Pakistan Post or WAPDA
C
Passport and immigration service delays
D
Pension payment grievances of federal employees
💡
Step-by-Step Explanation & Concept Rationale
Article 9(2) of P.O. 1 of 1983 specifically excludes: (a) matters that are sub-judice before a court of competent jurisdiction or tribunal, (b) matters relating to the foreign affairs of Pakistan, and (c) matters relating to the armed forces of Pakistan.
Study Stream Progress:
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All 45 Solved Questions in Judicial System & Administration of Justice Loaded!
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Q. 1
Judicial Studies
Difficulty: Medium
(1 Mark)
In legal drafting, what does the Latin maxim 'Expressio unius est exclusio alterius' mean?
A
The express mention of one thing implies the exclusion of another
✓ Correct
B
A statute must be interpreted according to its literal meaning
C
Words are known by the company they keep (Noscitur a sociis)
D
Every word must be given an equitable construction
💡
Step-by-Step Explanation & Concept Rationale
The canon of construction 'expressio unius est exclusio alterius' means that the express inclusion of one or more items of a particular class or category excludes all others of the same category which are not mentioned.
Q. 2
Judicial Studies
Difficulty: Medium
(1 Mark)
In statutory drafting and interpretation, the 'Ejusdem Generis' rule provides that:
A
Where general words follow specific words of a particular class, the general words must be construed as limited to things of the same kind (genus)
✓ Correct
B
Penal statutes must be construed strictly against the accused
C
The preamble controls the substantive sections
D
Repealed statutes continue in force for five years
💡
Step-by-Step Explanation & Concept Rationale
Under the Ejusdem Generis rule of interpretation, where general words follow an enumeration of specific things belonging to an identifiable genus or category, the general words are restricted to things of the same nature as those specifically enumerated.
Q. 3
Judicial Studies
Difficulty: Easy
(1 Mark)
In drafting a civil plaint under Order VII of the CPC, what is the 'Prayer Clause' (Relief)?
A
The concluding section of the plaint where the plaintiff specifies precisely the decree, relief, damages, or remedies sought from the Court
✓ Correct
B
A religious invocation opening the document
C
The statement of court fees paid
D
The list of witnesses to be summoned
💡
Step-by-Step Explanation & Concept Rationale
Under Order VII Rule 7 CPC, every plaint must state specifically the relief which the plaintiff claims, either simply or in the alternative. The prayer clause defines the exact remedies (injunction, declaration, damages, costs) that the court is asked to grant.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
What is the purpose of the 'Verification Clause' at the foot of a plaint or written statement under Order VI Rule 15 CPC?
A
To solemnly affirm on oath which paragraphs of the pleading are true to the personal knowledge of the party, and which are believed to be true upon information received
✓ Correct
B
To record the fee paid to the drafting advocate
C
To certify the stamp paper vendor's license
D
To attach the applicant's national identity card copy
💡
Step-by-Step Explanation & Concept Rationale
Order VI Rule 15 CPC requires every pleading to be verified at the foot by the party (or person acquainted with facts), specifying by reference to the numbered paragraphs what he verifies of his own knowledge and what upon information received and believed to be true.
Q. 5
Judicial Studies
Difficulty: Medium
(1 Mark)
When drafting a Pre-Arrest Bail Petition under Section 498 of the CrPC, what mandatory averment must be explicitly pleaded in the petition?
A
That the petitioner apprehends imminent arrest motivated by ulterior motives, malice, and bad faith (mala fides) on the part of police or complainant to cause humiliation
✓ Correct
B
That the petitioner is willing to pay double the amount of the dispute
C
That the petitioner will not consult any defence counsel
D
That the FIR was registered on a gazetted holiday
💡
Step-by-Step Explanation & Concept Rationale
Supreme Court jurisprudence mandates that pre-arrest bail under Section 498 CrPC can only be granted if the petitioner demonstrates a clear prima facie case of ulterior motive, malice, or mala fides on the part of the complainant or police aiming to humiliate or harass.
Q. 6
Judicial Studies
Difficulty: Easy
(1 Mark)
In drafting an Application for Superdari under Section 516-A of the CrPC, what relief is requested from the Magistrate?
A
The temporary release and custody of property (e.g. seized vehicle) seized by police, pending conclusion of the inquiry or trial, upon furnishing surety bonds
✓ Correct
B
The permanent confiscation of property by the State without notice
C
The transfer of the criminal trial to another district
D
Exemption from personal appearance of the accused
💡
Step-by-Step Explanation & Concept Rationale
Section 516-A CrPC empowers the court to make an interim order for the proper custody (Superdari) of property regarding which an offence appears to have been committed, pending conclusion of trial, to prevent its deterioration in police Malkhana.
Q. 7
Judicial Studies
Difficulty: Medium
(1 Mark)
In a Constitutional Writ Petition under Article 199 of the Constitution of Pakistan, who must be cited as respondents?
A
The Federation of Pakistan or Provincial Government and the specific statutory functionary or public authority whose action/inaction is impugned
✓ Correct
B
Only the personal name of the officer without official designation
C
The political party in government
D
The Chief Justice of the High Court
💡
Step-by-Step Explanation & Concept Rationale
In writ petitions, the Federation of Pakistan or Province (through its Secretary) and the statutory body/functionary acting under law must be cited by official designation as respondents, ensuring the public authority is legally bound by the writ.
Q. 8
Judicial Studies
Difficulty: Easy
(1 Mark)
What is the legal effect of the phrase 'Without Prejudice' written on correspondence during settlement negotiations?
A
Statements or offers made in the document cannot be admitted into evidence in court as admissions against the party making them
✓ Correct
B
The document has no legal signature
C
The sender waives all statutory rights under the contract
D
The court fees are doubled
💡
Step-by-Step Explanation & Concept Rationale
Under Article 36 QSO and standard legal practice, communications marked 'Without Prejudice' made bona fide to settle a dispute cannot be used in evidence as an admission of liability if negotiations fail.
Q. 9
Judicial Studies
Difficulty: Medium
(1 Mark)
In conveyancing, what are the three essential components (Arcana of Hiba) required to complete a valid 'Gift' (Hiba) under Islamic Law?
A
Declaration of gift by the donor (Ijab), Acceptance by the donee (Qubool), and Delivery of actual or constructive possession (Qabza)
✓ Correct
B
Registration with the municipal corporation, blood test, and bank guarantee
C
Payment of 10% cash consideration, witness of 5 people, and approval of union council
D
A decree of a civil court
💡
Step-by-Step Explanation & Concept Rationale
Under Islamic jurisprudence (Muhammadan Law), a valid gift requires three essentials: (1) Declaration of gift by donor (Ijab), (2) Acceptance by or on behalf of donee (Qubool), and (3) Delivery of possession (Qabza). Registration is not mandatory for validity of oral Hiba.
Q. 10
Judicial Studies
Difficulty: Easy
(1 Mark)
What is the difference between a 'General Power of Attorney' (GPA) and a 'Special Power of Attorney' (SPA)?
A
A GPA confers broad authority on the agent to act generally on behalf of principal in multiple matters; an SPA restricts authority to a specific act or single transaction
✓ Correct
B
A GPA can never be revoked, whereas an SPA expires in one year
C
An SPA requires approval by the Supreme Court
D
A GPA is valid only outside Pakistan
💡
Step-by-Step Explanation & Concept Rationale
A General Power of Attorney authorizes the attorney to represent the principal in general transactions (property management, litigations, banking). A Special Power of Attorney is confined to a particular single transaction (e.g. executing one specific sale deed or presenting one suit).
Q. 11
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Registration Act 1908, a Power of Attorney authorizing an agent to sell or transfer immovable property must be:
A
Registered with the Sub-Registrar of Assurances
✓ Correct
B
Signed on plain paper without witnesses
C
Notarized by a foreign consulate only
D
Published in the official gazette
💡
Step-by-Step Explanation & Concept Rationale
Following statutory amendments to the Registration Act 1908 and Stamp Act, a Power of Attorney empowering an agent to sell or transfer valuable immovable property must be compulsorily registered to prevent fraudulent land alienation.
Q. 12
Judicial Studies
Difficulty: Easy
(1 Mark)
In drafting a legal agreement, what is the purpose of a 'Severability Clause'?
A
To ensure that if any clause or provision of the contract is held illegal or unenforceable, the remaining provisions shall continue in full force and effect
✓ Correct
B
To allow either party to cancel the contract without notice
C
To divide the property equally between buyer and seller
D
To transfer tax liability to the state
💡
Step-by-Step Explanation & Concept Rationale
A severability clause protects the integrity of the contract: If any part of the agreement is declared invalid or void by a court, the remainder of the contract remains operative, preventing the entire contract from failing.
Q. 13
Judicial Studies
Difficulty: Hard
(1 Mark)
In conveyancing, an 'Indenture' historically refers to:
A
A deed executed in two or more copies between two or more parties having mutual covenants, originally with indented or serrated edges
✓ Correct
B
A deed made by one party alone (Deed Poll)
C
An unwritten oral agreement
D
A receipt for payment of municipal tax
💡
Step-by-Step Explanation & Concept Rationale
An Indenture is a deed between two or more parties with mutual covenants, historically written on a single parchment and cut with indented edges so that matching edges proved authenticity. A deed made by one party alone (e.g. power of attorney) is a Deed Poll.
Q. 14
Judicial Studies
Difficulty: Hard
(1 Mark)
What is the function of the 'Habendum' clause in a deed of conveyance of land?
A
To define the extent and quantum of the estate or interest transferred (commonly beginning with 'To have and to hold')
✓ Correct
B
To describe the names of the drafting clerks
C
To record the date on which stamp duty was calculated
D
To state the registration fee receipt number
💡
Step-by-Step Explanation & Concept Rationale
The Habendum clause (from Latin 'habendum et tenendum' - 'to have and to hold') defines the quantum of estate transferred (e.g. absolute freehold ownership forever, or a leasehold for a term of years) and any conditions or encumbrances attached.
Q. 15
Judicial Studies
Difficulty: Medium
(1 Mark)
In a civil written statement, when a defendant claims a cross-demand for an ascertained sum of money against the plaintiff to diminish or defeat the plaintiff's claim, it is known under Order VIII Rule 6 CPC as:
A
Set-off
✓ Correct
B
Replication
C
Interpleader
D
Subrogation
💡
Step-by-Step Explanation & Concept Rationale
Order VIII Rule 6 CPC permits the defendant in a suit for recovery of money to claim a Set-off of any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of jurisdiction.
Q. 16
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the High Court Rules and Orders, who is authorized to administer oaths to deponents on affidavits in judicial proceedings?
A
An Oath Commissioner appointed by the High Court
✓ Correct
B
Any private shopkeeper
C
The station house officer (SHO)
D
A political party secretary
💡
Step-by-Step Explanation & Concept Rationale
Under Section 139 CPC and the High Court Rules and Orders, affidavits for use in courts must be sworn before an Oath Commissioner appointed by the High Court, or before a Magistrate or Judge.
Q. 17
Judicial Studies
Difficulty: Medium
(1 Mark)
In drafting an affidavit, what is the consequence of failing to state which parts are sworn of personal knowledge and which of belief?
A
The affidavit is defective and liable to be rejected or disregarded by the Court
✓ Correct
B
The deponent is automatically fined Rs. 500,000
C
The entire civil suit is dismissed with prejudice
D
The advocate is suspended immediately
💡
Step-by-Step Explanation & Concept Rationale
Under Order XIX Rule 3 CPC, affidavits must be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications where statements of belief may be admitted provided the grounds thereof are stated. Defective verification renders the affidavit worthless as evidence.
Q. 18
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 497(5) of the CrPC, what proceeding is initiated by the prosecution or complainant to cancel bail granted to an accused person?
A
Application for Cancellation of Bail
✓ Correct
B
Writ of Quo Warranto
C
Suit for damages under Tort
D
Application under Section 80 CPC
💡
Step-by-Step Explanation & Concept Rationale
Section 497(5) CrPC provides: 'A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.'
Q. 19
Judicial Studies
Difficulty: Medium
(1 Mark)
What are the primary grounds for cancellation of bail under Section 497(5) CrPC?
A
Misuse of bail, tampering with prosecution evidence, intimidating witnesses, likelihood of abscondence, or when the bail order was perverse and arbitrary
✓ Correct
B
The complainant disliked the surety amount
C
The accused engaged a senior advocate
D
The case was transferred to another court
💡
Step-by-Step Explanation & Concept Rationale
Bail once granted is rarely cancelled unless cogent grounds exist: (1) misuse of concession by threatening witnesses or tampering with record, (2) jumping bail/absconding, or (3) patently perverse, illegal, or arbitrary order passed in disregard of statutory provisions.
Q. 20
Judicial Studies
Difficulty: Medium
(1 Mark)
In civil litigation, what is a 'Caveat' application?
A
A precautionary notice lodged by a person anticipating a legal proceeding, requesting the Court not to pass any ex parte interim order without giving him prior notice and hearing
✓ Correct
B
A final decree of execution
C
An application to compromise a criminal murder trial
D
A receipt for stamp paper duty
💡
Step-by-Step Explanation & Concept Rationale
A Caveat (Latin 'let him beware') is an application lodged in court by a party who apprehends that an ex parte application or writ petition may be moved against him, ensuring the court issues prior notice before passing any adverse interim stay order.
Q. 21
Judicial Studies
Difficulty: Hard
(1 Mark)
In conveyancing, a 'Mortgage by Conditional Sale' under Section 58(c) of the Transfer of Property Act 1882 occurs where the mortgagor:
A
Ostensibly sells the mortgaged property on condition that on default of payment on a certain date the sale shall become absolute, or on such payment the sale shall become void
✓ Correct
B
Delivers physical possession and authorizes mortgagee to retain rents in lieu of interest (Usufructuary Mortgage)
C
Binds himself personally without delivering possession (Simple Mortgage)
D
Deposits title deeds with a bank in a specified town (Equitable Mortgage)
💡
Step-by-Step Explanation & Concept Rationale
Section 58(c) Transfer of Property Act defines Mortgage by Conditional Sale (Bai-bil-Wafa): Ostensible sale subject to condition that on repayment the buyer shall transfer property back to seller, and on default the sale becomes absolute.
Q. 22
Judicial Studies
Difficulty: Medium
(1 Mark)
In drafting a commercial lease, what is the significance of the 'Covenant for Quiet Enjoyment'?
A
An assurance by the lessor that the lessee shall possess and enjoy the property during the term without interruption by the lessor or any person claiming under him
✓ Correct
B
A covenant requiring the tenant not to play music after 10 PM
C
A promise by the tenant to vacate on 24 hours notice
D
A clause waiving rent during winter months
💡
Step-by-Step Explanation & Concept Rationale
The covenant for quiet enjoyment is a fundamental lessor obligation: The lessor guarantees that the tenant's lawful possession will not be disturbed by the landlord or any person with superior title.
Q. 23
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 54 of the Transfer of Property Act 1882, 'Sale' of tangible immovable property of the value of one hundred rupees and upwards can be made only by:
A
A registered instrument
✓ Correct
B
Oral agreement before village elders
C
Simple delivery of possession on plain paper
D
Exchange of text messages
💡
Step-by-Step Explanation & Concept Rationale
Section 54 Transfer of Property Act mandates: 'Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.'
Q. 24
Judicial Studies
Difficulty: Medium
(1 Mark)
What is the difference between a 'Lease' and a 'License' under Pakistani property jurisprudence?
A
A lease transfers an interest in immovable property with exclusive possession; a license merely grants a personal privilege to use premises without creating any estate or interest in the land
✓ Correct
B
A license can never be revoked, whereas a lease expires annually
C
A lease does not require payment of rent
D
A license is governed exclusively by criminal procedure
💡
Step-by-Step Explanation & Concept Rationale
The crucial distinction (Section 105 Transfer of Property Act vs Section 52 Easements Act) is that a lease creates a proprietary interest with exclusive possession, whereas a license is a mere personal permission to do something on land that would otherwise be unlawful, without transferring possession or interest.
Q. 25
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 75 of the CPC, the civil court is empowered to issue a 'Commission' for:
A
Examining any person, making a local investigation, examining or adjusting accounts, or making a partition
✓ Correct
B
Investigating police brutality
C
Collecting provincial property taxes
D
Drafting municipal laws
💡
Step-by-Step Explanation & Concept Rationale
Section 75 CPC empowers the court to issue a commission to: (a) examine any person, (b) make a local investigation, (c) examine or adjust accounts, or (d) make a partition.
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