THESE ARE SOME COMMON PRINCIPLES OF LAW

• • No one should be punished twice for the same offense. Doctrine of Double jeopardy.

• • The buyer should be vigilant at the time of purchasing. Doctrine of Caveat Emptor.

• • Equity favors the vigilant not the indolent.

• • The plaintiff should come with the clean hands.

• • No one can be judge in his own case.

• • There is no right without a remedy. Ubi Jus Ibi Remedium

• • Justice Delayed is Justice Denied.

• • Justice Rushed is Justice Crushed.

• • No one can claim inheritance when the succession is not open. Doctrine of Spec Succession.

 

             Legal Principles:

• • Every civil suit is filed in the lowest court of a district which is the court of senior civil judge.

• • A suit under order 37 of CPC is filed in the court of district judge.

• • Family suits are governed by Family Courts Act, 1964 in Pakistan.

• • Another statute that governs family suits is West Pakistan Family Court Rules, 1965.

• • In case of family suits, it is filed at the place where the female resides even if she resides temporarily.

• • Visitation is a right for both the parents. It cannot be denied by courts unless any one of them is defaulter.

• • Post Arrest Bail is filed under section 497 of CRPC.

• • Pre Arrest Bail is filed under section 498 of CRPC.

• • Post Arrest Bail is filed in the court of Illaqa Magistrate.

• • Pre Arrest Bail is filed in the court of Session Judge.

• • In bailable offenses bail is the right of accused.

• • In non-bailable offenses bail is on the discretion of judge.

• • The punishment in section 489-F is three years.

• • There are 5 ingredients in theft which should be there for conviction.

• • Benami transaction is legal but it should have 4 ingredients.

• • Stay order can be permanent or temporary.

• • Perpectual or permanent stay is granted under Specific Relief Act 1877.

• • Temporary Injunction or stay is granted under order 39 rule 1 & 2 of CPC.

• • Any application can be given anytime in a civil suit. Judge is bound to admit or dismiss it.

• • Decree can be preliminary or final. It is always appealable.

• • An order is generally revisionable unless it falls under the ambit of section 104 or order 43 of CPC.

• • A magistrate can acquit the accused at any time of the trial under section 249-A of CRPC.

• • A session judge can acquit the accused at any time under section 265-K of CRPC.

• • A High Court Judge can acquit the accused under section 561-A of CRPC.

• • Schedule at the end of CRPC book is always helpful in determining the nature of offenses.

• • Offenses are compoundable/non-compoundable, bailable/non-bailable and cognizable/non-cognizable.

• • An exception to bail is section 169 of CRPC in which the investigation officer has powers to grant bail.

• • When an accused is in Police Remand then he/she cannot be released on bail.

• • For post arrest bail the accused should be in Judicial Remand.

• • Accused can be discharged by Magistrate at any stage of trial.

• • The time for filing first appeal in civil cases is 30 days.

• • The time for filing second appeal in civil cases is 60 days.

• • The time for filing civil revision is 90 days.

• • Civil revision is filed under section 115 of CPC.

• • The petitioner is bound to provide all the record of trial court in a civil revision.

• • The first appeal can have question of law as well as question of fact.

• • Second appeal is only filed on Question of Law.

• • In normal civil cases first appeal is filed in the court of district judge.

• • In normal civil cases second appeal is filed in High Court.

• • Civil court has unlimited pecunary jurisdiction under west pakistan civil courts act 1962.

• • In normal practice different local governments have set different limits for pecunary jurisdiction of civil courts.

• • When a case is filed in high court for the first time it is heard by single bench.

• • An appeal of a decision of single bench can be heard by double bench or full court.

• • For challenging decision of DB or Full Court a leave to appeal is filed in Supreme Court.

• • When Supreme Court accepts leave to appeal then case is heard in Supreme Court.

• • A case of public interest can be directly filed under Article 184(3) of Constitution of Pakistan.

• • Normally appeals in Supreme Court are filed under article 185 of Constitution of Islamic Republic of Pakistan.

• • Writs are of 5 types.

• • Writs are usually filed under article 199 of constitution of Islamic Republic of Pakistan.

• • Writ of Habeas Corpus is filed in Session court under section 491 of CRPC.

• • Inherent Powers of Civil Courts can be invoked under section 151 of CPC.

• • Courts have powers to appoint local commission under order 26 of CPC.

• • In cases of contempt of court regarding temporary injunction local commission is appointed under order 39 rule 7 of CPC.

• • Property can be attached and accused can be imprisoned for 6 months in contempt under order 39 of CPC.

• • Review is done by the same court passing the judgment.

• • Review petition is filed under order 47 rule 1 of CPC.

• • Order 21 of CPC deals with the execution proceedings.

• • Plaintiff has a time of 6 years to file execution.

• • Limitation in civil suits is 3 years from the cause of action.

• • Plaint is rejected under order 7 rule 11 of CPC.

• • Plaint is returned under order 7 rule 10 of CPC.

• • Section 10 of CPC deals with the principle of Res Sub Judice.

• • Section 11 of CPC deals with the principle of Res Judicata.

• • A plaint can be amended under order 6 rule 17 of CPC.

• • A written statement can be amended under order 8 rule 10 of CPC.

• • Order 7 of CPC deals with the plaint.

• • Order 8 of CPC deals with the Written Statement.

• • In cases of appeals and revisions the respondents are not required to file replies.

• • Time for filing written statement is 30 days.

• • In case of Government Institutions time period for filing written statement is 90 days.

• • When an organization has head office in one city and branch office in another city then suit can be filed anywhere.

• • A civil suit is filed where cause of action takes place or where the defendant resides.

• • Police is bound to produce the accused in court within 24 hours of his arrest.

• • Police can not search a place without search warrants.

• • A female child remains with mother till she reaches her puberty.

• • A male child remains with mother till the age of 7 years.

• • Father is liable to maintain his children no matter with whom they live.

• • When a mother contracts second marriage, she loses her right of child custody.

• • Khula can be taken on grounds mentioned in section 2 of Dissolution of Muslim Marriages Act 1939.

• • When a woman has right of talaq-e-tafweez in column 18 then she can take talaq directly from Arbitration council.

• • A husband can contract second marriage if arbitration council permits him.

• • A husband is liable to pay full haq mehr to first wife before contracting second marriage.

• • Wife is liable to return haq mehar in case of khula.

• • If a wife is not in a position to return haq mehr, her khulla decree cannot be stopped.

• • Khula decree becomes effective after six months of its passing.

• • Khula is counted as single talaq in Pakistan.

• • Suit for declaration is filed under section 42 of Specific Relief Act 1877.

• • Declaration can be in rem or in personam.

• • A dismissed employee can only claim damages in case of private employer. (Justice Iftikhar’s Judgement)

• • Nominee is not an Inheritor. He is liable to distribute the shares as per Islamic Law of Inheritance.

• • Right of wife in the inheritance of deceased is 1/8 in case of children.

• • Right of wife in inheritance is 1/4th in case there are no children.

• • Right of mother and father is 1/6 each.

• • Right of husband in the property of wife is 1/4th in case of children.

• • Right of husband in the property of wife is 1/2 in case of no children.

• • Single daughter inherits 1/2 property.

• • 2 or more than 2 daughters inherit 2/3rd property.

• • Son inherits full property.

• • Mother and father are natural guardians of children.

• • Banking court is equal to the district court.

• • Murderer has no share in inheritance.

• • Specific relief cannot be granted for the mere purpose of enforcing a penal law.