Personal Information

MAZHAR ALI
mazharali8373@gmail.com

1. Why you have joined the legal profession. Answer in three sentences or
less?
 Every issue can be solved through law & order and I want to be that
resolver.
 I would love to fight for the poor whose rights are always neglected.
 Finding evidence and punishing the culprit attracts me to this
profession.
2. Have you attended the classes regularly in your legal institution? Yes
3. Rate yourself in understanding of law. a. Fair b. Good c. Excellent
4. Rate yourself in reproduction of what you study. a. Fair b. Good c.
Excellent
5. Rate yourself in presentation. a. Fair b. Good c. Excellent
6. Rate yourself in confidence. a. Fair b. Good c. Excellent
7. What is the financial position of your family? How long they can pay you for
your pocket expenses? a. 1 yr b. 2 yr c. 5 yr
8. What are your other commitments?
My commitment is to join judiciary for a couple years.
9. Whether you will continue with this profession later or just want to learn?
Yes, I will continue with this profession, but after spending couple of years
in judiciary.
10.Whether you will practice in Islamabad or elsewhere in future?
I will practice in Islamabad.
11.Had you joined any other firm or senior or served elsewhere? No
12.Will you be in need of financial support from this firm or office? May be
13.Mention the legal subjects in which you have command?
Islamic laws, QSO, To some extent-(CPC & CRPC).
State

1. What is the concept of modern state? Answer in three sentences.

 The modern state is a state that has the power in a centralized

manner.
 In addition to this, the sovereign control is exercised by the people
over a territory is defined precisely in an accurate manner.
  You can say that today’s government system in democratic countries
is following the modern state system.
2. What is Federal and Unitary system of government? State two differences
only.
3. What is welfare state? Give three fundamental characteristics.
4. What is difference between Kingship and Democracy? Give two differences.
5. What system of government Islamic political teaching carry?
6. What is the main strength of a state? Give a single point.
7. What is the basic element of state?
8. How you can co-relate the fundamental rights enshrined in the constitution
with higher objectives of Shariah?

Constitution
1. What is the doctrine of necessity? Read three judgments on it and provide
citation.
2. Supreme Court can declare a law null and void? Yes or no. In either case
give relevant provisions and two judgments.
3. Supreme Court can declare a provision of court being null and void. Yes or
no. give judgment.
4. What is the mechanism of amendment of constitution and list
constitutional offices?
5. Enlist fundamental rights guaranteed in constitution with judgments
explaining the limitation of those rights and the ways of protection.
6. The word Life used Article 9 of the constitution includes? Provide
judgments.
7. What is the concept of immunity in the constitution? Give relevant articles
and judgments.
8. What is the constitutional law of legislation?
9. What constitutional courts are provided inn constitution?
10.What is the concept of precedent in the court?
11.What are instances by the court where the constitution can be suspended?
 Regulators

1. What do you mean by regulators and regulatory compliance? Enlist

regulators working in Pakistan along with their respective field to be
regulated.
2. What is the idea behind the introduction of Regulatory regime in Pakistan?
3. What is regulatory capture? Read PLD 2012 SC 225
4. What is the doctrine of revolving door in regulatory capture?

Corporate and Finance

1. What do you mean by business entity?

2. What do you mean by business activity?
3. What is the difference between license and business activity?
4. What is difference between debt financing and equity financing?
5. What do you mean by statutory body, corporation, and a company
registered under law?
6. What do you mean by financial market, capital market, money
market?
7. Why we need a company for business purpose?
8. Can government indulge itself in business?
9. Our financial system should be free from interest. Read PLD SC 2000
225.
10.What is the difference between business and charitable entity?
11.What charitable entities can be established under Pakistani law?

Jurisdiction

1. What do you mean by jurisdictions, power and competence of Court?

2. What is the difference between constitutional and ordinary
jurisdiction of the court?
3. Differentiate between pecuniary and territorial jurisdiction of the
court?
4. Can the parties by their agreements confer their jurisdiction on any
court?

Civil Law

1. What is the difference between procedural and substantive law?

Topic Substantive laws Procedural laws

Subject matter Substantive laws deal Procedural laws
with the legal rights describe the ways and
and obligations of the methods following
individuals among which substantive law
themselves and is enforced.
towards the state.

Objective These laws control and Procedural laws

govern the rule of law exclusively deal with
as a whole. the proceedings in the
court and the methods
to start a legal case.

Context of application Substantive laws are Procedural laws are

applied only in legal applied in both legal
contexts. and non-legal contexts
including proceedings
of litigation.

Regulation Substantive laws are Procedural laws are

regulated by the Acts regulated by statutory
of Parliament or laws only.
governmental
implementations.
Capacity Substantive laws have Procedural laws only
individual capacities to can dictate the paths
decide the course of any legal proceeding
any legal proceedings. should follow.

2. Can Civil Court ignore the rules of procedure if Justice so demands?

Provide judgments.
3. Prepare the chart under the following headings.
I. Framing of suits
II. Filing of suit
III. Entertaining of suit
IV. Service of summons
V. Filing of written statement
VI. Documentary and oral evidence
VII. Pronouncement of judgment
VIII. Admissions
4. If the Counsel of Mr. A being defendant has not attached with the
written statement the list of document and of witnesses and his
application for permission to file the list and documents has already
been dismissed. What help you can extend if you are engaged?
5. CPC also applies on writ jurisdiction of High Courts. Give judgments.
6. CPC needs drastic amendment to meet the need of the time. Suggest
50 amendments.

QSO

1. What do we mean by proved, disproved and not proved?

Proved - A fact is said to be proved when, after considering the

matters before it, the Court either believes it to exist, or
considers its existence so probable that a prudent man ought,
under the circumstances of the particular case, to act upon the
supposition that it exists. The term ‘proved’ is positive. When fact
is proved the court gives judgment in favour of the person, who
has proved it.

Disproved - A fact is said to be disproved when, after considering

the matters before it, the Court believes that it does not exist, or
considers its non-existence so probable that a prudent man
ought, under the circumstances of the particular case, to act
upon the supposition that it does not exist. The term ‘disproved’
is negative. When a fact is disproved no further question arises as
to its proof.

Not proved - A fact is said not to be proved when it is neither

proved nor disproved. The term ‘Not Proved’ is a mean between
 the terms proved and disproved. When a fact is not proved, it
implies further evidence either to prove or disprove the fact.

2. What do we mean by fact in issue and relevant fact?

Section 2(2) define the relevant fact that “One fact is said to be
relevant to another when the one is connected with the other in any
of the ways referred to in the provisions of the Order relating to the
relevancy of facts”.
Section 2(3) define that “The expression "facts in issue" includes any
fact from which, either by itself or in connection with other facts the
existence, non-existence, nature or extent of any right, liability or
disability, asserted or denied in any suit or proceeding, necessarily
follows”.
3. What do we mean by question of fact, question of law and mixed
question?

Question Of Law:

According to Salmond, the term question of law is used in three distinct, thought
related senses.
I. Questions Authoritatively Answered By Law: In first sense, it means a question,
which the Court is bound to answer in accordance with a rule of law. All other
questions are questions of fact. It excludes the right of the Court to answer the
question as he thinks fit.

II. Interpretation Of Statutory Provision:

In the second sense, it means a question as to what the law is on a particular
point. This arises in cases where a rule of law is ambiguous and requires
determination.
Once the provision has been authoritatively interpreted by the judge, it becomes
a judicial precedent and a settled question of law.

III. Questions To Be Answered By Judges:

In the third sense, all question whose answers given by the judges and not the
jury are questions of law.

Question Of Fact:
The term question of fact is used also two different senses:

I. Wider Sense:
In a Wider or general sense, all questions which are not questions of law are
questions of fact.

According to Salmond:
A question of fact means any question
(i) Which is not previously determined by a rule of law.
(ii) Other than question as to what the law is.
(iii) Which is to be answered by the jury and not by the judge.

II. Narrow Sense:

In a narrow sense, question of fact means only those questions which are not
subject to judicial discretion.

Mixed Question Of Law And Fact:

Some questions are partly of law and partly of fact. Such questions are called
mixed questions of law and fact. If there is a dispute whether a partnership exists
among certain parties or not.
i) It is question of fact as to “what is the basic relationship between the parties?”
ii) It is a question of law “whether the basic relationship between the parties
constitute partnership in the eyes of law or not?”

4. What is doctrine of res ges tae?

Art. 19 of Qanun-e-Shahadat Order, 1984 deals with the concept of
RES GESTAE. S.6 of Evidence Act, 1872 is the corresponding section
on the subject.  The term 'Res' is a Latin word which means "thing"
and the expression "Res Gestae" literally which means “the thing
done, a subject matter, a transaction or essential circumstances
surrounding the subject".
Art. 19 of Qanun-e-Shahadat Order, 1984 describes the rule as under:
19. Relevancy of fact forming part of same transaction.—“Fact which
though not in issue are so connected with a fact in issue as to form
part of the same transaction, are relevant, whether they occurred at
the same time and place or at different times and places.”
This is the rule of law of evidence and is an exception to hearsay rule
of evidence that hearsay evidence is not admissible.(2019 YLR 2508)

5. What is doctrine of Estoppel?

Dealt from Section 114 to 116 of the QSO, 1984 Doctrine of Estoppel is that
provision which prohibits a person from giving false evidence by preventing them
from making contradicting statements in a Court of Law. The objective of this
doctrine is to avert the commission of fraud by one person against another
person. This doctrine holds a person accountable for false representations made
by him, either through his words or through his conduct.

Meaning of Estoppel

Section 114 of the QSO, 1984 incorporates the meaning of estoppel as when one
person either by his act or omission, or by declaration, has made another person
believe something to be true and persuaded that person to act upon it, then in no
case can he or his representative deny the truth of that thing later in the suit or in
the proceedings. In simple words, estoppel means one cannot contradict, deny or
declare to be false the previous statement made by him in the Court.

Types of Estoppel

I. Estoppel by Deed
II. Estoppel by Record
III. Equitable Estoppel:
IV. Estoppel by Negligence
V. Estoppel by Conduct

6. What do we mean by competency of witness?

Competency of witnesses as provided under Article 3 of the Qanoon-e-Shahadat

Order 1984:

Article 3 provides that in general every person is competent to testify before the
court, the only parameter to determine the competency of the witness is
satisfaction of the court that the person before the court is capable of giving
testimony. However, this general principle is qualified by the Article itself by
providing the following exceptions to it.

i. Incapacity to be rational
ii. Extreme old age
iii. Tender age
iv. Any bodily injury
v. Any mental injury
vi. Perjury
vii. Females in Hadood laws
viii. Witness of accomplice in Hadood cases

Touchstone to determine the competency of witness:

Under Article 3 and 17 it is expressly stated that the Quran and Sunnah is the only
criteria to determine the competency of the witness. It can be construed as the
duty of the court to keep in mind the injunctions of Islam as laid down in the Holy
Quran and Sunnah. It has been determined by the court in PLD 185 Lah 730 that
only when the competence of a witness is challenged, the court is required to
determine such incompetence in accordance with qualifications prescribed by the
injunctions of Islam, as laid down in the Holy Quran and Sunnah.

7. What do we mean by impeachment of witness?

impeachment of a witness

At trial, impeachment is the process of attacking the accuracy of witnesses'

testimony. For example, if a witness's testimony at trial contradicts
their earlier sworn statements, one or both parties might bring up the sworn
statement to impeach their testimony.
Impeaching credit of witness Article 151: This Article only prescribes that as to
how credit of a witness can be impeached. Following are the rules:

1.      Witnesses: Witnesses may be produced to impeach the credit of the witness

under proceedings.

2.      Bribe: By proof of bribe or other corrupt inducement.

3.      Contradiction of statements: By contradicting the statements particularly

u/s 161 of the Code of Criminal Procedure under which police records statements
of the witnesses.

4.      General immoral character: By general immoral character, character of the

witness can be proved unworthy or credit.

8. What do we mean by honest to prove?

9. What do we mean by confrontations/contradictions of a witness

from his previous statement?

Attention to be drawn to those parts of statement which contradict a witness.

Mere questioning whether a particular exhibit contradicted his earlier statement
is not enough. Without complying with the procedure laid down in Art. 140, the
admission contained in the previous statement cannot be used as legal evidence.
PLD 1966 Dac. 114. Ananta Kumar Sarkar v. Sebrate Ullah Sardar.

Witness confronted with his police statement repudiating a portion of it. Police
Officer who recorded his statement should be questioned specifically with regard
to that portion whether he had recorded it correctly. The practice of merely
asking the police officer perfunctorily whether a particular document represented
the witness's  statement as a whole is to be condemned. PLD 1959 Kar. 383 Shah
Nawaz.
Witness to be given an opportunity to explain the discrepancy in his present and
previous statement (P.C.) AIR 1915 P.C. 7 421 I.A. 135 B.G. Tilak v. Shrinivas.

Opportunity to explain the contradiction must be given to the witness before

branding him as a prejudice when confronting him u/S. 140, QSO (DB) PLD 1964
Pesh. 194 Said.

Statement u/S. 161, Cr.P.C. is not substantive evidence. It can only be used to
contract a witness u/S. 140, QSO. PLD 1965 SC 188. Nazir Hussain v. Muhammad
Shafi.

Confrontation u/S. 140, QSO "I do not remember" may amount to contradiction
where witness specifically made such a statement earlier. (FB) PLD 1978 Cr.C.
(Lah.) 234 State v Z.A. Bhutto. PLJ 1978 Lah. 523

10.Can modern electric device can be taken as evidence?

Article 164 of Qanun-e-Shahadat Order, 1984. 

“164. Production of evidence that has become available because of modern

devices, etc.

 In such cases as the court may consider appropriate, the court may allow to be
produced any evidence that may have become available because of modern
devices or techniques”.

Clause (e) of Article 2 (Interpretation) of the Qanun-e-Shahdat is also noteworthy

to a certain degree under which the expression “automated”, “electronic”,
“information”, “information system” , “electronic document”, “electronic
signature”, “advanced electronic signature”, and “security procedure” means the
meanings given in the Electronic Transactions Ordinance 2002.

Qanun-E-Shahadat order 1984 and modern devices

In the Pakistani scenario, the legal regime acknowledges the admissibility of

modern and technical evidence, especially in articles 59 and 164 of Qanun-e-
Shahadat order, 1984. A registered solved case, ref.# 2019 PCRLJ 57 Gilgit-
Baltistan Chief court (Shoaib Ahmad Vs. State) also admit the modern devices
evidence under article 164 of Qanun-e-Shahadat, in which crime detected in CCTV
footage and accused was arrested. Another case ref# 2017 PLD 698 Lahore High
Court Lahore was resolved that relate to dissolution of marriage in which video
recording was presented in front of the court as modern evidence to show the
torture of the husband on wife. While article 164 of Qanun-e-Shahadat 1984 was
not strictly applicable in the family court, the family court found it not to be bare
to receive such evidence. So, the modern devices’ evidence is also considered in
the family court after the verification and inquiry procedure. Case ref.# 2017
PCRlJN 125 Lahore High Court Lahore also resolved the issue of rash driving and
neglecting the traffic signals. The evidence was attained in the shape of modern
means

 PLD 2019 SC 675 Istiaq Ahmad Mirza vs Federation of Pakistan

CRPC and PPC

1. What is the legal value of sec 342 of Crpc and can the question not
put to the accused under sec 342 can be the part of final arguments?
 2. If FIR has been lodged by A and after some time A is not satisfied with
the investigation of Police, would their be any remedy available to A?
3. That in view of PLD 2016 SC 70, what is the status of private
complaint and state case?
4. What is the scope of Ex officio justice of peace in view of PLD 2007 SC
539 and PLD 2016 SC 581?
5. What is the Hierarchy of criminal courts regarding Crpc?
6. What are the proceeding against the person who submits forged
document in court in view of PLD 2012 SC 892?
7. If the person is abducted from Karachi and FIR has been lodged
subsequently, the dead body of abductee recovered from Islamabad,
can a separate FIR could be lodged in Islamabad, then which court is
competent jurisdiction to try the offence?
8. Either the Magistrate can take the suo-moto action upon seeing the
offence?
9. Can the trial be vitiated upon the incorrect framing of charge?
10.A being a lunatic person is a under trial prisoner, whether he can
avail the remedy of bail as a matter of right?
11.Whether the offence of sec 365/A is try able by the Magistrate under
sec 30 ?
12.Difference between affray and riot?

DIFFERENCE BETWEEN ROITING AND AFFRAY

i. AS TO DEFINITION

Rioting has been defined Section 146 of PPC but affray been defined in section
159 of PPC.

ii. AS TO MEANING

Rioting means a public disturbance involving intentional use of force or violence

for a common object but affray a mutual combat of two or more persons a public
place to the error of people.

iii. AS TO PLACE

Rioting can be committed even in a private place but affray cannot be committed
in a private place.

iv. AS TO NUMBER OF PERSONS

Rioting is committed by five or more persons but Affray is committed by two or

more persons.

v. AS TO COMMON  OBJECT

In Riot, there is a common object as mentioned in Section 141 of PPC but In affray
there may or may not a common object.
vi. AS TO LIABILITY

In a riot of every member of the unlawful assembly is punishable although some

of them may not have personally used force or violence but affray not so in the
case of an affray because only those actually engaged are liable.

vii. AS TO PUNISHMENT

The punishment awarded in case of riot is imprisonment for two years or with
fine or with both but in affray The punishment awarded in case of riot is
imprisonment for two years or with fine or with both.

viii. As to enhanced Punishment

In case of rioting enhanced punishment a person is armed with deadly weapon

but in case of affray no enhanced punishment is been provided.

ix. As to Nature of offence

In rioting a offence against the public peace but in affray also offence against
pubic peace.

13.A having intention to kill B , kills another person C. what would be

the offence upon the offender? (302)

301. Causing death of person other than the person whose death was intended :
Where a person, by doing anything which he intends or knows to be likely to
cause death, causes death of any person whose death he neither intends nor
knows himself to be likely to cause, such an act committed by the offender shall
be liable for qatl-i-amd.

302. Punishment of qatl-i-amd : Whoever commits qatl-e-amd shall, subject to

the provisions of this Chapter be: (a) punished with death as qisas; (b) punished
with death for imprisonment for life as ta'zir having regard to the facts and
circumstances of the case, if the proof in either of the forms specified in Section
304 is not available; or (c) punished with imprisonment of either description for a
term which may extend to twenty-five years, where according to the Injunctions
of Islam the punishment of qisas is tot applicable.

14.Difference between Diyat, Daman and Arsh?

Section 299 (PPC).: (b) "arsh" means the compensation specified in this Chapter
to be paid to the victim or his heirs under this Chapter;

(d) "daman" means the compensation determined by the Court to be paid by the
offender to the victim for causing hurt not liable to arsh;

(e) "diyat" means the compensation specified in Section 323 payable to the heirs
of the victim ;
323. Value of diyat: (1) The Court shall, subject to the Injunctions of Islam as laid
down in the Holy Qur'an and Sunnah and keeping In view the financial position of
the convict and the heirs of the victim, fix the value of diyat which shall not be
less than the value of thirty thousand six hundred and thirty grams of silver.

(2) For the purpose of sub-section (1), the Federal Government shall, by
notification in the official Gazette, declare the value of Silver, on the first day of
July each year or on such date as it may deem fit, which shall be the value payable
during a financial year.

15.Difference between Jaifa and 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-E. Ghayr-jaifah : Whoever causes jurh which does not amount to jaifah, is
said to cause ghayr-jaifah.