LLB Examination Procedural Law and Law of Evidence Syllabus

Distinguish between an 'issue of fact' and an 'issue of law' under Order XIV CPC.

An issue of fact arises when a material proposition of fact is affirmed by one party and denied by the other and must be decided on evidence. An issue of law arises on a disputed question of law (such as jurisdiction or a bar by law) and the court may, where an issue of law relating to jurisdiction or a legal bar can dispose of the case, try that issue first.

What is 'discovery' under Order XI of the CPC and what are its two forms?

Discovery is the pre-trial process by which one party obtains from the other disclosure of facts or documents relevant to the suit. Its two forms are discovery by interrogatories (written questions served, with leave of court, to be answered on affidavit) and discovery of documents (compelling the opposite party to disclose documents in its possession or power).

What is 'inspection' of documents under Order XI of the CPC?

Inspection is the right of a party to examine the documents referred to in the other party's pleadings or affidavits, or disclosed in the affidavit of documents. A notice to produce for inspection is served, and the party may take copies; failure to allow inspection can result in the document not being received in evidence.

Under Order X CPC, what is the purpose of the examination of parties by the court?

At the first hearing the court examines the parties orally to ascertain whether they admit or deny the allegations of fact in the pleadings, recording admissions and denials. This ascertains the matters genuinely in controversy and assists the court in framing accurate issues, and the court may direct the parties to attempt alternative dispute resolution.

What is the consequence of non-appearance of the plaintiff and defendant under Order IX CPC?

If neither party appears, the suit is dismissed (Rule 3). If only the plaintiff appears and the defendant does not, the suit may proceed ex parte (Rule 6). If only the defendant appears and the plaintiff does not, the suit is dismissed for default (Rule 8). An ex parte decree may be set aside under Rule 13, and a dismissal for default may be set aside under Rule 9 on showing sufficient cause.

Under Order IX Rule 13 CPC, on what grounds may an ex parte decree be set aside?

An ex parte decree may be set aside on the defendant's application if the court is satisfied that the summons was not duly served, or that the defendant was prevented by any sufficient cause from appearing when the suit was called for hearing. The court may impose such terms as to costs as it thinks fit.

What is the distinction between a 'preliminary decree' and a 'final decree' under the CPC?

A preliminary decree declares the rights of the parties but leaves something further to be done before the suit is completely disposed of (e.g., in a partition or accounts suit). A final decree completely disposes of the suit and is passed after the matters left by the preliminary decree are worked out. There can be only one decree in a suit except where it is both preliminary and final.

What is a 'judgment' under Section 2(9) of the CPC and what must it contain?

A judgment is the statement given by the judge of the grounds of a decree or order. Under Order XX, a judgment in a contested suit must contain a concise statement of the case, the points for determination, the decision on each point, and the reasons for the decision. The decree follows and is drawn up in accordance with the judgment.

What is the relationship and time-sequence between a judgment and a decree under Order XX CPC?

The judgment is pronounced first, setting out the reasons; the decree is the formal expression that follows and must agree with the judgment. The decree is drawn up after the judgment, but it bears the date on which the judgment was pronounced, and the period of limitation for appeal/execution generally runs from that date.

What is meant by 'execution of a decree' under the CPC and which Section governs it?

Execution is the process of enforcing or giving effect to a decree by compelling the judgment-debtor to comply with the court's adjudication. Section 38 provides that a decree may be executed by the court that passed it or the court to which it is sent for execution; Sections 36 to 74 and Order XXI contain the detailed law of execution.

Under Section 51 of the CPC, what are the modes by which a court may order execution of a decree?

Execution may be ordered (a) by delivery of any property specifically decreed; (b) by attachment and sale, or sale without attachment, of property; (c) by arrest and detention in prison of the judgment-debtor; (d) by appointing a receiver; or (e) in such other manner as the nature of the relief requires.

Under Section 60 of the CPC, give examples of property that is exempt from attachment and sale in execution.

Exempt property includes the necessary wearing apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children; tools of artisans; implements of husbandry and cattle of agriculturists; salary/wages to the extent prescribed; pensions; provident fund balances; and a right to future maintenance, among others listed in the proviso to Section 60.

What is the difference between an 'appeal' and a 'revision' under the CPC?

An appeal (a continuation of the suit) is a substantive right, available only where conferred by statute, and a higher court re-examines questions of both fact and law. Revision under Section 115 is a discretionary supervisory power of the High Court exercised where a subordinate court has exercised a jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted illegally/with material irregularity in exercising jurisdiction; it is confined to questions of jurisdiction, not merits.

What is the difference between a 'first appeal' and a 'second appeal' under the CPC?

A first appeal (Section 96) lies from an original decree to the court authorized to hear appeals and may be on questions of both fact and law. A second appeal (Section 100) lies from an appellate decree to the High Court only on a substantial question of law (or in Pakistan generally on the grounds specified in Section 100), and not on questions of fact.

What is the scope of 'review' under Section 114 and Order XLVII of the CPC?

Review is an application to the same court that passed the decree or order to reconsider its own decision. It lies on the grounds of (a) discovery of new and important matter or evidence not within the applicant's knowledge or producible earlier despite due diligence, (b) a mistake or error apparent on the face of the record, or (c) any other sufficient reason. It is not a re-hearing on the merits.

Compare 'review', 'revision', and 'appeal' as remedies under the CPC.

Appeal lies to a higher court on facts and/or law as of right where statute permits. Review lies to the same court that passed the order, on limited grounds (new evidence, error apparent, sufficient reason). Revision lies to the High Court in its supervisory jurisdiction, confined to errors of jurisdiction by a subordinate court where no appeal lies. Appeal is the widest; review reconsiders the same court's order; revision corrects jurisdictional defects.

Under Section 6 of the Code of Criminal Procedure 1898, what are the classes of criminal courts (besides the High Courts) in Pakistan?

Besides the High Courts and Courts constituted under other laws, there are two classes of criminal courts: (1) Courts of Session and (2) Courts of Magistrates. Magistrates are of classes such as Judicial Magistrates of the first, second, and third class (and Executive Magistrates for administrative functions).

Under the CrPC, what sentences may a Court of Session and an Additional Sessions Judge pass (Section 31)?

A Court of Session or Additional Sessions Judge may pass any sentence authorized by law, but a sentence of death passed by them is subject to confirmation by the High Court. (A Judicial Magistrate's sentencing powers are limited by class under Section 32.)

Under Section 32 of the CrPC, what is the limit on sentences a Judicial Magistrate of the first class may pass?

A Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, a fine not exceeding the statutory limit, and whipping. (Second and third class magistrates have progressively lower powers.) These limits define the ordinary sentencing competence of magistrates.

Distinguish between a 'cognizable offence' and a 'non-cognizable offence' under the CrPC.

In a cognizable offence (generally more serious), a police officer may arrest without a warrant and may investigate without an order of a magistrate. In a non-cognizable offence, a police officer cannot arrest without a warrant and cannot investigate without the order of a competent magistrate. The classification appears in the First Schedule to the CrPC.

Distinguish between a 'bailable offence' and a 'non-bailable offence' under the CrPC.

In a bailable offence, bail is a right and the accused must be released on bail upon furnishing the required surety/bond (Section 496). In a non-bailable offence, bail is not a matter of right but lies in the discretion of the court (Sections 497/498), to be granted on judicial considerations. The classification is shown in the First Schedule.

Under Section 46 of the CrPC, how is an arrest made?

In making an arrest, the police officer or other person making it shall actually touch or confine the body of the person to be arrested, unless there is a submission to custody by word or action. If the person forcibly resists or attempts to evade arrest, the officer may use all means necessary to effect the arrest, though force causing death is not authorized for a person not accused of an offence punishable with death or life imprisonment.

What is the constitutional/statutory requirement to produce an arrested person before a magistrate under the CrPC (Section 61)?

A person arrested without a warrant must not be detained in custody by the police for longer than is reasonable, and in any case not exceeding twenty-four hours (excluding time for the journey from place of arrest to the magistrate's court) without the special order of a magistrate under Section 167. This reflects the right against unlawful detention.

What is 'bail' under the CrPC and what is its essential purpose?

Bail is the release of an accused person from custody on his furnishing security (a bond, with or without sureties) to appear before the court as and when required. Its purpose is to secure the accused's attendance at trial while respecting the presumption of innocence and personal liberty, rather than to punish before conviction.

Under Section 497 of the CrPC, what is the general rule for granting bail in non-bailable offences, and what is the proviso for women, minors, the sick and infirm?

Bail may be granted in a non-bailable offence unless there appear reasonable grounds for believing the accused is guilty of an offence punishable with death, imprisonment for life, or (in Pakistan) ten years' imprisonment. However, even in such cases, a person under sixteen years, a woman, or a sick or infirm person may be released on bail in the court's discretion. (The 'further inquiry' principle also allows bail where guilt is doubtful.)

What is the difference between an ordinary bail under Section 497 and anticipatory/pre-arrest bail under Section 498 of the CrPC?

Section 497 deals with bail of a person already arrested/in custody. Section 498 empowers the High Court or Court of Session to grant pre-arrest (anticipatory) bail, directing that a person apprehending arrest in a non-bailable offence be released on bail if arrested, granted in extraordinary cases where the arrest is shown to be intended for ulterior motives, mala fide, or humiliation.

Under the CrPC, what is the difference between a 'bond' and a 'surety' in the context of bail?

A bond is the written personal undertaking by the accused (a personal bond) to appear before the court and pay the specified sum if he defaults. A surety is a third person who guarantees the accused's attendance by executing a separate bond binding himself to forfeit a sum of money if the accused fails to appear. Bail may be 'on personal bond' or 'with sureties.'

What is a 'First Information Report' (FIR) under Section 154 of the CrPC?

An FIR is the information relating to the commission of a cognizable offence given to the officer in charge of a police station, which, if given orally, must be reduced to writing, read over to the informant, and signed by him, and the substance entered in the prescribed book (register). It sets the criminal law in motion and is the earliest recorded version of the occurrence.

What is the evidentiary value and key characteristics of an FIR under the CrPC?

An FIR is not substantive evidence; it can be used to corroborate the informant's testimony under Article 153 (Qanun-e-Shahadat) or to contradict it under Article 140. Its chief value lies in being the first recorded version, so promptness and absence of unexplained delay lend it credibility, while delay may raise suspicion of deliberation or false implication.

What are the main stages of a police investigation following an FIR under Chapter XIV of the CrPC?

Investigation includes (1) proceeding to the spot and ascertaining facts (Section 156/157), (2) examination of witnesses and recording their statements (Section 161), (3) recording confessions/statements before a magistrate (Section 164), (4) search and seizure of evidence, arrest of the accused, and (5) on completion, submission of the police report (challan) under Section 173 to the magistrate for cognizance and trial.