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Legal Drafting, Pleading & Conveyancing (Judicial Studies) Solved Questions & Notes (2026) - Apex Rankers

Law & Judicial Studies > Judicial Studies > Legal Drafting, Pleading & Conveyancing

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Legal Drafting, Pleading & Conveyancing

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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Repealed statutes continue in force for five years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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