Friday, 5 June 2015

Interview Tips for Civil Judges Selection

A person appearing in civil judge selection interview must be:

- Confident 
- Neatly dressed up 
- His/her attitude must show that such person is ready to take all kinds of challenges. 
- Such person shall have patience and a submissive temperament.

Some of the Questions that are frequently asked in interviews are:-
- What is your name? 
- Meaning of name?
- From where do you belong?
- From where you did LLB?

Islamic Questions
- Recite Dua-e-Kanoot
- Namaz-e-Janaza
- 6 Kalmas
- Surah-e-Ikhlas
- Aiman-e-Mufasil and Aiman-e-Mujammil

Legal Questions

- What is Court?
court is an institution that the government sets up to settle disputes through a legal process.

- What is Law?
Law is a system of rules that are enforced through social institutions to govern behaviour. (Wikipedia)

- What is a Judge?
Section 2(8) of CPC "Judge" means the presiding officer of a civil Court

- What is Decree?
CPC Section 2(2) "decree" means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint 2[the determination of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include;

- What is Judgment?
CPC Section 2(9) "Judgment" means the statement given by the Judge of the grounds of a decree or order:

- What is order?
Section 2(14) (CPC) "Order" means the formal expression of any decision of a civil Court which is not a decree:

- What is Interlocatory Order?
- What is difference between Appeal and Order?
- What is Judicial Review?
- What is Settlement?
- What is res judicata and res subjudice?
- How to invoke inherent powers of a civil court?
- Under which section a declaratory suit can be filed?
- What is remedy if bail petition is rejected?
- What is principle of Double Jeopardy?
- Actual Possession and Constructive Possession?
- Mandatory and Perpectual Injunction?
- Difference between 340 and 342 Statements?
- Section of Discharge
- Acquittal
- How charge is framed?
- Ingredients of charge?
- Summary Trial
- Grounds of Eviction
- Procedure of Land Acquisition
- Quashment
- Review, Revision and Appeal
- Grounds for second appeal
- 35-A CPC
- How to determine jurisdiction of court?
- ADR
- Article 163 QSO
- Admission and Confession difference?
- Grounds of Khula
- Remedy against khula?
- What kinds of cases family court can entertain?
- Article 120 of Limitation Act
- Asma Jillani Case
- Doctrine of necessity
- Law of Relativity
- Dossu Case
- Talabs in Preemption
- Court fee amount in family cases
- Order 7 rule 11
- Order 7 rule 10
- When second appeal is competent?
- Habeaus Corpus
- Identification Parade
- How documents are proved?
- Proof of Execution
- Primary and Secondary Evidence
- Estopple
- Remedy in case of Partially Performed Contract
- 12-A West Pakistan Family Courts Act, 1964
- What is 497 CRPC
- Remedy in case of rejection of 9-C Bail
- How Charge is Amended?
- How Charge is Framed?
- What is exception of Bail?
- What is Article 13 of Constitution about?
- Under which law Pakistan was Established?
- What is 13/20/65
- What is 107-151
- What is Abatement?
- What is the punishment of Qatl-e-Khata?

- What is Waiver?
The relevant section of PPC in this context is reproduced below:

309.Waiver (Afw) of qisas in qatl-i-amd:
(1)In the case of qatl-i-amd, an adult sane wali may, at any time and without any compensation, waive his right of qisas:
Provided that the right of qisas shall not be waived;
(a)where the Government is the wali, or
(b)where the right of qisas vests in a minor or insane.
(2)Where a victim has more than one Wali any one of them may waive his right of qisas:
Provided that the wali who does not waive the right of qisas shall be entitled to his share of diyat.
(3)Where there are more than one victim, the waiver of the right of qisas by the wali of one victim shall not affect the right of qisas of the wali of the other victim.
(4)Where there are more than one offenders, the waiver of the right of qisas against one offender shall not affect the right of qisas against the other offender.

- Amount of Diyat

It is 19,23,843 for the year 2014-2015. Kindly read the original notification at this link http://www.internationallawyer.info/2015/06/notification-of-diyat-for-year-2014-2015.html

- What is Jurh, Jaifa and Ghair Jaifa?
The relevant sections of PPC explaining the terms are reproduced below:-
337-B.Jurh:
(1)Whoever causes on any part of the body of a person, other than the head or face, a hurt which leaves a mark of the wound, whether temporary or permanent, is said to cause jurh.
(2)Jurh is of two kinds, namely:-
(a)Jaifah ; and
(b)Ghayr-jaifah.
337-C.Jaifah:
Whoever causes jurh in which the injury extends to the body cavity of the trunk, is said to cause jaifah.
337-D.Punishment for jaifah:
Whoever by doing any act with the intention of causing hurt to a person or with the knowledge that he is likely to cause hurt to such person, causes jaifah to such person, shall be liable to arsh which shall be one-third of the diyat and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir.
337-E.Ghayr-jaifah:
(1)Whoever causes jurh which does not amount to jaifah, is said to cause ghayr-jaifah.
(2)The following are the kinds of ghayr-faifah, namely:-
(a)damihah
(b)badi'ah
(c)mutalahimah
(d)mudihah
(e)hashimah; and
(f)munaqqilah
(3)Whoever causes ghayr-jaifah—
(i)in which the skin is ruptured and bleeding occurs, is said to cause damiyah;
(ii)by cutting or incising the flesh without exposing the bone, is said to cause badi'ah;
(iii)by lacerating the flesh, is said to cause mutalahimah;
(iv)by exposing the bone, is said to cause mudihah;
(v)by causing fracture of a bone without dislocating it, is said to cause hashimah; and
(vi)by fracturing and dislocating the bone, is said to cause munaqqilah.
337-F.Punishment of ghayr-jaifah:
Whoever by doing any act with the intention of causing hurt to any person, or with the knowledge that he is likely to cause hurt to any person, causes:-
(i)damihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to one year as ta'zir;
(ii)badi'ah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir;
(iii)mutafahimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to three years as ta'zir;
(iv)mudihah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir;
(v)hashimah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to five years as ta'zir, and
(vi)munaqqilah to any person, shall be liable to daman and may also be punished with imprisonment of either description for a term which may extend to seven years as ta'zir.

- Under which section bail before arrest is moved?

Section 498 of Criminal Procedure Code 1898.

- Under which section bail after arrest is moved?

Section 497 of Criminal Procedure Code 1898.

- What is remedy in case if bail is rejected?

Fresh Bail Petition is moved in the appellate court.

- What is exception to Bail?

Section 169 CRPC is exception to bail under which the accused can be discharged on surety given at the police station.

- What is Interpleader Suit?
- What is Limitation to file Written Statement in case of Government Institution?
- How to Amend Written Statement?
- What is framing of Issues?
- What is 426 CRPC
- What is 439 CRPC

- What is 295 PPC
Section 295 of PPC deals with blasphemy. It has further three parts.. The relevant section is reproduced below:-
295.Injuring or defiling place of worship, with Intent to insult the religion of any class:
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction damage or defilement as an insult to their religion. shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

295-A.Deliberate and malicious acts intended to outrage religious feelings of any class by insulting Its religion or religious beliefs:
Whoever, with deliberate and malicious intention of outraging the 'religious feelings of any class of the citizens of Pakistan, by words, either spoken or written, or by visible representations insults the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
295-B.Defiling, etc., of Holy Qur'an:
Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur'an or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.
295-C.Use of derogatory remarks, etc., in respect of the Holy Prophet:
Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.

- What are Negotiable instrumentsCheques, Promisory Notes, etc. Kindly read Order XXXVII CPC for more..

- Suit Procedure
It includes filing of plaint, notices, written statement, framing of issues, evidence, cross examination, final arguments, decree and judgment.

- Where it is filed The place where the defendant resides or ordinarily conducts business.

- Does CPC and QSO apply to Family Suits 
Generally Speaking they don't apply but where the Legislation related with Family Courts is silent, the principles of these statutes apply.

- Any other provision or procedure which can b applied other then 10, 11 CPC
Kindly search for exception to Resjudicata and Ressubjudice 

- Section 3 of Limitation Act


- How you will entertain time barred suit?

- 489-f offence person is has to pay 24 lac and is in jail since 8 month whether u will grant bail

- Statutory period of bail in non prohibtory Clause ground for granting bail 

Yes its 7 years according to section 497 CRPC.

For answers you can contact internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
Passed Judiciary Exam and Interview in 2012

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Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
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