The Civil Procedure Code

Course Contents:

1. The Civil Procedure Code as amended upto date.

Books Recommended:

1. The Code of Civil Procedure, 1908 with commentary by Aamer Raza Ahmad Khan.

2. The Code of Civil Procedure with commentary by Muhammad Mazhar Hassan Nizami.

It is a procedure, which is used, in civil matters. It is in contrast of the Code of Criminal Procedure. All matters, which
fall in civil cases, are the subjects of Code of Civil Procedure. Where there is violation of civil right there is remedy under
Code of Civil Procedure. How the case is filed and proceeded till its finalization is dealt with Code of Civil Procedure.
Neither permission nor notification is required for its application. It ipso facto (by the fact that) applies. It guides in
civil cases.

Before the enactment of Banking Ordinance, the cases relating with banking were dealt in ordinary civil courts but
after its enactment, special courts are constituted to deal with banking matters. Where special Court like banking,
there Code of Civil Procedure is not applicable.

Code of Civil Procedure is used in execution, summoning, and divorce cases etc. If defendant goes abroad, the
substitutive service of summons under Code of Civil Procedure applies.

Substituted service Order 5, Rule 20:

1. What is: Keeping out of way.

2. Circumstances: Following are the circumstances under which substituted service of summons is issued:

a) Concealing: Where the Court requires a person but he is concealing himself in the appearance in the Court of
law.

b) Impossible service: Where ordinary service of summon becomes impossible due to any reason certain or
uncertain.

3. Manner of service:

a) Affixation of summons: Copy is affixed at home.

b) Electronic devices: Telegram, phone, phonogram, telex, fax, radio, TV etc.

c) Urgent Mail Service: This is speedy postal service.

d) Beat of drum:

e) Mosque:

f) Press:

g) Any other mean:

4. Effects: Service of summons by these means is presumed completed.

Plaint should be simple and concise. Unnecessary details may make it ambiguous and may effect judgement. It should
also not contain the names of witnesses. Non availability of them may cause inverse effect on case. Code of Civil
Procedure was consisted on more than 500 sections before its present form. Now it contains 158 sections. All the rest
are now Orders and Rules.

Since the company itself is person so it cannot be called in case through its agents like directors etc.

Pleadings are filed in Court but application is made after filing a suit. Where Judge works in the capacity of Rent
Controller, in such case application is made for the redressal of grievance. Application may not involve any technicality.
Rent Controller is not a Court. Application may contain argue but plaint does not. Application may also contain proofs
but plaint does not. Application may not be divided into paragraphs and thus no need paragraph numbers.

Decree: A decree means an order by one in authority, a judicial decision, and an edict (decree, command, order) in
law. All decrees are by definition conclusively determinative of maters adjudicated therein. It is a portion of judgement,
which is actually enforceable after final decision. An order of a Court pronounced on the hearing of a suit. It is also
result of judgement. How much relief is awarded is related to decree.

Order is also decision. Daily proceeding is order. Party can question on order. Final stage of the judgement is execution.
Judgement determines the accrual of liability. It does not deal with the quantum of remedy. Appeal can also be made
against decree. Judgement cannot be given without issuing decree. Where judge fails to issue decree, application can
be made for its issuance. Following are the ingredients of the decree:

1. Portion of judgement: It is formal expression of judgement.

2. Actually enforceable: Judgement is not enforced whereas decree is enforceable.

3. Result of judgement: Where is judgement there is decree. Decree cannot be passed without judgement.

4. Contains relief: It contains the relief for which pleading is sought.

5. Appeal against decree: Where claim in plaint is not granted upto satisfaction, appeal is preferred against decree
and not against judgement.

6. Pronounced actually: All the judgement is not pronounced actually but only decree, which is substantial part.

7. Micro:

8. Shall agree with judgement:

9. Number of suit:

10. Name of parties:

11. Description of parties:

12. Particulars of claims:

13. Kinds:

a) Final:

b) Preliminary:
Award: The finding or decision of an arbitrator upon the submission in arbitration. It must follow the submission, be
certain, final, reasonable, legal, possible, and dispose of all the differences submitted to arbitration. Code of Civil
Procedure is not applicable in arbitration cases.

Execution: The act of completing or carrying into effect, particularly of a judgement, effected by writs of execution,
orders and notices, which compel the defendant to do or to pay what has been adjudged. Court issuing the decree is
also responsible for its execution normally.

The execution of deeds is by the signing, sealing, and delivery of them by the parties as their own acts and deeds, in
the presence of witnesses.

As far as criminal cases are concerned, when accused is sent in jail after conviction, it is execution of judgement. If the
accused is acquitted, his handcuffs are removed. It is also execution whatever is adjudged.

Mesne (intermediate) profits: Persons wrongfully deprived of the corpus or usufruct of property are entitled to claim
compensation for such deprivation. Such compensation, which is awarded against persons in wrongful possession of
property, is known as mesne profit, and is claim-able only by a person, entitled to actual possession of such property.

Person having wrongful possession can only claim the costs incurred to improve the property during wrongful
possession.

Judgement: The decision or sentence of a Court in a legal proceeding. Also the reasoning of the Judge which leads
him to his decision, which may be reported and cited as an authority, if the matter is of importance, or can be treated
as a precedent.

The Code of Civil Procedure can be divided into three major parts, i.e., pre trial portion, trial, and post trial portion.
Code of Civil Procedure is a code, which is used right from beginning to end of civil suits. It includes substantive and
procedural law as well.

Case remains at pre trial stage unless Court occupies it. Another notable thing in Code of Civil Procedure is that its
sections must be connected with Rules and Orders. Order is just like chapter. Rules are sections of the Orders. Section
is parent legislation. Sections and Rules must be agreed. Section is superior to Rule. Court cannot change section but
interpret divergently. Section can be declared bad if it varies from constitution. Once a time Government of Punjab
had enacted a law granting Supreme Court to hear appeal. It is also notable that no one authority can grant power to
Supreme Court for try of cases. Only constitution can grant such power to Supreme Court.

Negligence of lawyer is the negligence of the party. It is not excusable at all in Court. Although amendment in
pleadings is allowed at any stage of proceedings but substantive amendment is not allowed. Only correction of
typographical is allowed.

Pre trial stage: This stage contains the following topics:

1. Name of the parties: There are always two parties in a civil suit. They must be proper and competent parties.
Names of the parties must be entered in pleading. They must have right to file suit. Party must be aggrieved or
sharer in case. It is not legal duty of lawyer to enquire about the exact name of party but it is his moral duty to tell
party if she has no legal right to sue. Irrelevant party cannot file suit. Party who can file suit is termed proper or
relevant and party incompetent is termed as improper or irrelevant party.

2. Infringement of right: Cause of action arises when legal right is violated. If there is no violation of right or injury
caused then there is no cause of action. If you have no right to sue then case cannot be pleaded.

3. Jurisdiction: The Court where the case is to be brought must be competent to hear the case. This is place where
the cause of action arises. If you are schoolteacher in Islamabad and receive letter of termination in Lahore, then
cause of action arises in Lahore as well as in Islamabad because it is the place from where letter is issued. By this
way area of jurisdiction widens. Where there is no specific jurisdiction, cause of action where arose is last resort.
 Territorial jurisdiction means where jurisdiction remains on a particular area of locality. District is divided into small
areas and particular area is given to Judge, which is called territorial jurisdiction.

Original jurisdiction for the cases of intellectual property and negotiable instruments is District Court.

4. Name of Court: Pleading is started with the name of Court competent to hear the case. She must have original
jurisdiction. Preliminary power of hearing of suit is called original jurisdiction. Pecuniary jurisdiction must be
adhered.

5. Defendant: The party against whom suit is filed must be necessary or relevant. Irrelevancy put the case into end.

6. Title of suit: According to the subject matter title of suit is determined. Code of Civil Procedure has provided
certain specimen of titles.

7. Principal amount: For the purpose of Court fee principal amount is provided in suit. Court fee is charged @ 7.50%
with upper limit of Rs. 15,000/-. Court fee for the amount above Rs. 200,000/- remains Rs. 15,000/-. Court fee is not
payable for the cases pecuniary value of which is upto Rs. 25,000/-.

8. Frame of the suit: It is the factual matter upon which suit is filed. It has not particular format but it should be based
upon true facts so that the defendant can answer them.

9. Body of plaint: It also comes under the frame of suit. It includes cause of action arose.

10. Jurisdiction: It is a Court having power to entertain the suit institution in first instance.

11. Court fee: It is paid according to the value of subject matter.

12. Verification: It is integral part of the pleading without which pleading is not entertained.

Jurisdiction in case of immovable property: Jurisdiction of Court lies where property is situated, in case of immovable
property. Residence of plaintiff or defendant becomes irrelevant. If property is scattered then all courts in that areas
would have jurisdiction.

Jurisdiction in case of moveable property: Convenience of defendant is taken into consideration while determining
of the jurisdiction of Court. Residence or work place of defendant is kept in view. Convenience of plaintiff becomes
immaterial in such a case.

Adjudication in the absence of lawyer: It is well established ruling of Supreme Court that lawyer may be engaged in
different courts therefore Court cannot adjudicate case in early morning proceedings. Reasonable time must be given.

Doctrine of res judicata u/s 11: A thing adjudicated is received as the truth. A judicial decision is conclusive until
reversed, and its verity (truth, quality of being true or in accordance with fact) cannot be contradicted. Res
judicata presupposes that there are two opposing parties, that there is a definite issue between them, that there is a
tribunal competent to decide the issue, and that within its competence, the tribunal has done so. Once a matter or
issue between parties has been litigated and decided, it cannot be raised again between the same parties, but other
parties are not so bound. It applies on the cases, which have been decided. Ex turpi causa non oritur action means no
case against immorality is maintainable. An action does not arise from a base cause, e.g., an illegal contract is void.

Doctrine of res sub judice u/s 10: If a case is already pending in a Court or any legal forum, case instituted latter shall
be stayed/stopped. First in time shall prevail. If the ex parte judgement is given after the case has already been
instituted, ex parte judgement shall be set aside. The reason of the setting aside is that the case was already
proceeding in the competent Court. There was no reason to try it again during its pendency with the same facts in
issues. Trial Court stays the case in the following cases:

1. Same parties:
2. Same title:

3. Same relief:

4. Already instituted:

5. Pending in other Court:

6. Other Court has jurisdiction:

7. Competency to grant relief:

8. Institution in Supreme Court:

How it is helpful:

1. Prevention of multiplicity:

2. Speedy relief:

3. Assurance of justice:

4. Inexpensive justice:

5. Time saving:

6. Proper attention of parties:

7. Seriousness:

In law, sub judice, Latin for "under judgment," means that a particular case or matter is currently
under trial or being considered by a judge or court. The term may be used synonymously with
"the present case" or "the case at bar" by some lawyers.

In England and Wales, Ireland, New Zealand, Australia, India, Pakistan, Canada, and Israel it is
generally considered inappropriate to comment publicly on cases sub judice, which can be an
offence in itself, leading to contempt of court proceedings. This is particularly true
in criminal cases, where publicly discussing cases sub judice may constitute interference
with due process.

In English law, the term was correctly used to describe material which would prejudice court
proceedings by publication before 1981. Sub judice is now irrelevant to journalists because of the
introduction of the Contempt of Court Act 1981. Under Section 2 of the Act, a substantial risk of
serious prejudice can only be created by a media report when proceedings are active.
Proceedings become active when there's an arrest, oral charge, issue of a warrant, or a
summons.

In the United States, there are First Amendment concerns about stifling the right of free speech
which prevent such tight restrictions on comments sub judice. However, State Rules of
Professional Conduct governing attorneys often place restrictions on the out-of-court
statements an attorney may make regarding an ongoing case. Furthermore, there are still
protections for criminal defendants, and those convicted in an atmosphere of a circus have had
their convictions overturned for a fairer trial.

Legislation by adoption: Where an authority adopts the law prescribed for another case, it is called legislation by
adoption and it is allowed.

Jurisdiction: With the passage of time, jurisdiction of Court decreases. There was a time when original jurisdiction was
High Court, and when the High Court was overcrowded then original jurisdiction came down to District Court. Later
on original jurisdiction came to Civil Judge – Grade I, then Civil Judge – Grade II, and at last Civil Judge – Grade III. It is
mere administrative adjustment.

Now the law on the jurisdiction is that case should be instituted in lower most Court so that higher courts may not be
overcrowded.

By jurisdiction is meant the authority, which a Court has to decide matters that are litigated before it or to take
cognizance of matters presented in a formal way for its decision. The limit of this authority is imposed by the statute,
charter, or commission under which the Court is constituted and may be extended or restricted by such like means
imposes the limits of this authority. If no restriction or limit is imposed the jurisdiction is said to be unlimited.

Jurisdiction for immovable property: Where the matter under litigation is related with immovable property, original
jurisdiction of litigation vests to Court where the immovable property actually situates.

Jurisdiction for scattered immovable property: Where property situates in different zones and more than one
litigation started at once, latter litigation shall stop when the second litigation is brought into the notice of the Court.
Jurisdiction for scattered immovable property lies in different courts of the local limits. All the simultaneous litigations
shall be transferred to the Court where case is instituted very first time. This jurisdiction is applicable for the purpose
of property situated in Pakistan.

Convenience of defendant: It is basic and fundamental principle that while instituting the lawsuit, convenience of the
defendant is taken into consideration rather than plaintiff. Plaintiff may use option in different cases but the
convenience shall remain vest to defendant either for immovable or moveable property cases.

Uncertain jurisdiction: Where ascertainment of original jurisdiction becomes impossible or uncertain regarding
immovable property, Court must record statement of uncertainty.

Jurisdiction with regard to cause of action: Tort may be personal such as defamation or with regard to property, e.g.,
trespassing, replevin, detinue, or trover etc. Jurisdiction for the purpose of movable property or torts may lie to the
Court where cause of action arises. If defendant resides in Lahore and libel publishes in Multan, case may be instituted
either in Lahore or Multan. Option lies to plaintiff whether which jurisdiction he prefers. But advise-able and
preferable jurisdiction lies where defendant ordinarily resides or works.

Withdrawal of case does mean withdrawal of case by Court and then Court transfers the case to another Court at the
convenience of defendant. Withdrawal is executive function while transfer is based upon withdrawal.

Jurisdiction for more than one defendants: Where there are more than one defendants in a similar case and reside in
different places, case either can be instituted at their place of residence or in one Court with the consent of all
defendants. Suit can be splited in different areas if they do not give unanimous decision or give varied consents.

Objection as to jurisdiction: Under normal circumstances any appellate or revisional Court cannot allow objection as
to the jurisdiction of Court.

When objection can be allowed: It is well-established practice of law that objection as to jurisdiction should be raised
very first time in proceedings. Earliest possible opportunity is the right period to object the jurisdiction of the Court.
How objection can be raised: There are three methods by which objection as to jurisdiction can be raised. They are
stated as follows:

1. Verbal on appearance: Defendant may raise this objection at very first time in preliminary appearance. He may
object by oral statement. Court may either order him to submit a separate application or may take suo motu action
upon such statement. This objection may also put in written statement.

2. Filing of informal application: Defendant may file an application stating the objection on jurisdiction of the Court.
This application does not require any special format to be fulfilled. Mere conveyance of the fact regarding non-
jurisdiction on any appropriate cause is sufficient ground to reject the case.

3. Filing of formal application: Above application may also be filed under Order 7, Rule 11. Lacking cause of action
and original or territorial or pecuniary jurisdictions, wrong suit valuation, wrong affixation of stamps, time barred
case, are the sufficient grounds to get plaint rejected.

When the objection is allowed at later stage: As stated earlier that in normal circumstance once objection as to
jurisdiction is omitted cannot be raised at any later stage. But it may be allowed upon the arising of question of
fundamental or primary importance. Court of latter stage may ask certain questions to get satisfaction to ascertain
the real need to admit the objection on jurisdiction, which has been omitted once. Cessation of chance of appeal is
good ground to put objection on jurisdiction. Without prejudice is also good ground to get the order set aside.

Mistake of lawyer is also mistake of client. But if lawyer gives in writing that he had wrongly assessed the jurisdiction
of the Court and there is no fault of his client, Court may entertain it but not necessarily.

Under decision of Supreme Court, order of the Court having no jurisdiction should be kicked out without entertaining
it. Order of such Court is liable to set aside.

Trial stage: This stage includes joinder, non-joinder, misjoinder, proper party, and necessary party. It also includes
parties in a suit, who may file suit, against whom suit may be filed, legal right of plaintiff, right to sue, pray for remedy,
determination of legal right and its violation.

Locus standi: A place of standing. The right to be heard in Court or other proceeding. It is competency of the Court to
proceed the suit.

Joinder of parties or plaintiffs: A cause of action may arise from violation of legal right for more than one parties.
When more than one parties, join in a single suit, it is called joinder of parties. This situation arises when common right
of persons is violated. They may sue severally or independently, but their joining in a single suit causes convenience
not only to parties but to Court, as well. Where common right exists, it is advise-able to join in a single suit rather than
separate suits.

All persons may join in one action as plaintiffs or defendants where the claim is in respect of the same transaction or
series of transactions and common question of law or fact arises.

Necessary party in suit: Plaintiff and defendant are the necessary parties without whom case is not maintainable. If
joinder is necessary and party has not joined, case shall remain non-maintainable. Her joining is necessary. Any party
whose joining may cause effect the case either positively or negatively in favour or against of plaintiff or defendant is
supposed necessary party. He must join the suit to give effect its conclusion. Case may be rejected if the necessary
party has not joined the case. She effects the case. Court may order to join her if it is necessary. It is removal of
irregularity.

Proper party under Order 3: This is the party joining of whose makes the case stronger and important. Where common
cause of action arises, mere one plaintiff may file suit, which shall definitely give benefit to all of the parties concerned.
Joining of remaining parties is not requirement of law but they may join, if they want. Their joining supports the case.
They may file suit either jointly or severally. Severely filing of suit involves huge timings and finance whereas joining in
a single suit saves not only time but also money. Joining of proper party is neither fatal nor beneficial. This party may
or may not join the common cause of action.

Representation of plaintiff under Order 3, Rule 2: Where plaintiff remains unable to keep himself in Court, he may
appoint any person in his place. Plaintiff may give power of attorney to his agent who may appear in Court in his place.
Where plaintiff has not given the power to a certain person, his presentation in Court is not acceptable being
authorized agent. Where a clerk had not authority to act upon as agent, his appearance in Court is held not acceptable.

Joinder of cause of action: A plaintiff may without the leave of the Court, join in one action under several causes of
action, even if in the alternative, against the same defendant including other causes of action with a claim for the
recovery of land subject to the power of the Court to order separate trials where joinder may embarrass or delay the
trial or is otherwise inconvenient.

Misjoinder: Where persons are wrongly joined as plaintiffs or defendants in an action, i.e., where persons are made
parties who ought not to be. No action can be defeated by a misjoinder (illegal joining) or non-joinder of such parties,
and the Court may of its own motion, or on application, order a party to cease to be a party.

Non-joinder: Where a party does not join the case while its joining is necessary is called non-joinder of the suit. Her
non-joining makes case defective. Effective decision cannot be given without her joining.

Power of Court: Court has power that at any stage of the pleading either beginning or before judgement, may pass
an order for joining or non-joining of the parties. This may happen, either on application of the party or its own motion,
i.e., suo motu. Application can be moved to Court stating please strike out the party being misjoinder.

Every suit must include all possible claims. Once you have waived off your right, you cannot claim it again except where
permission of Court has been obtained.

Where due to certain reason claim cannot be prayed, all the reasons must be mentioned in plaint for not claiming
them. Leave of Court permits its reopening. If plaintiff cannot afford Court fee for larger claim, he may confine his
claim upto Rs. 24, 999/- with reasons so that he may claim it again whenever he will afford Court fee. Relinquish
(extinction or abandon) of his right without permission of Court will lose his right permanently. He cannot lodge case
again. Leave of Court enables person to reopen the case, whenever is required. Due care must be taken while filing
the suit. It must contain due reservations for future claim.

Frame of suit: Suit should be framed in such a way so that future litigation may be eliminated. Where there are same
parties and same causes of actions must be joined in a single litigation so that proceedings may be minimized for
different parties on similar causes of action.

It should be kept in mind that relinquishes (extinction or abandon) the claim debars its subsequent claim. All relevant
claims must be prayed in a single litigation. There is an exception to this rule. Where claims are extinguished with the
permission of Court due to any justifiable reason, its subsequent litigation is permitted.

Test for joining: The sole test for joining of the parties and causes of actions is that whether the parties may institute
independent suit for each cause of action. If so, it may be joined in a single litigation. Where party misses to join the
similar litigation shall be debarred to claim subsequently. Convenience is also a test.

Where more causes of action are not joined which may be joined, it shall be presumed that party has relinquished the
claim therefore it is advise-able that maximum possible causes of actions must be joined. If relinquishment is
necessary, it is should be made with the leave of Court so that right of subsequent litigation may be reserved.

Non-joining of either party or causes of actions is presumed waiver off of their right thus future litigation extinguishes.
Object of this is to minimization of multiplicity of litigation.

If party was required to claim certain rights but party fails to do so, it shall be presumed that party has given her right
up.
It is open to party to withdraw his plaint as a whole or partly at any stage of proceedings.

Where rent of three years’ is due and petitioner prays only for the rent of one-year, it means that he has relinquished
his claim of two years thus he is not competent to claim it subsequently, except where he has relinquished claim with
the leave of Court. The word “claim” implies what is demanded while “relief” means what Court grants to plaintiff.
Plaintiff cannot be given more than what he has asked for.

Presumption of truth: Courts proceed all matters before lawyers. Presence of party is not necessary where law allows.
Party cannot deny the presumption of truth. An individual cannot argue against the proceedings of the Court. Why
the plaint is instituted in the Court? It determines the right of individuals.

Statement passed in Court either by Judge or advocate is final in both of the cases, i.e., civil and criminal. Verbal
statement is more important than written statement. Written statement comes later. Advocate whatever states at
bar cannot be denied merely on the ground that plaintiff or appellant or petitioner was not present in Court and such
statement was not passed in his presence. Statement of the party is as important as the statement of the Judge is
important.

Suits by or against government: It is notable thing that where suit is brought by or against government or public
officer, Chief Secretary or Chairman of the department or Collector is made party on government side in both cases
either provincial or central.

Requirement of notice: Case against government requires notice prior to two months u/s 80. This notice is mandatory
(compulsory).

This notice may be delivered personally or may be left at the office.

Where case is to be brought against central government, such notice is served to Secretary of that government.

Where case is to be brought against provincial government, such notice is served to Secretary of that government or
the Collector of the District.

Where case is brought against Railway, such notice is given to General Manager of the Railway concerned. This is
considered case relating to central government.

Where party is public officer, such notice is delivered to him in person or left at his office stating full particulars.

1. Statutory requirement:

2. Objects:

a) Convenience:

b) Settlement out of Court:

c) Time saving:

d) Preparation for contest:

e) Cost effective:

f) Right to sue:

g) Right to get claim:

h) Reconciliation of claim:
Written statement: Court permits government to submit written statement within three months.

Proceedings upon notice: Some time such notice saves the time of government offices being liable to compare with
actual position which can be traced out from the face of record available with the government office.

For instance, if a person institutes a suit against government that government has not paid to him salary for last six
months, it can easily be checked out from the record. Upon such verification, suit is concluded. Notice brings
convenience in such suits.

Exemptions available in suit against government: Law provides certain exemptions to government in personal
appearance and arrest.

Arrest: Government officer cannot be arrested exception in the execution of decree.

Attachment: Property of government officer cannot be attached except in case of execution of decree.

Where it is obvious from the intention of defendant that defendant will keep himself absent by leaving the country,
Court can either arrest him or order to provide sufficient security to ensure his presence within local jurisdiction of the
Court.

S. 94 of Code of Civil Procedure is relevant for the provision of security to ensure presence of defendant. Before
passing decree, property can be attached where there is suspect of escape of judgement debtor from local jurisdiction
of the Court. Dowry (the money or goods that a woman brings to her groom) can be attached before the issuance of
decree upon the suspect of its conveyance or transfer or sale.

In the suit of maintenance, immediate interim order can be granted. Arrest or attachment of property to prevent the
disobedience of the orders of the Court can take place. Disobedience causes the frustration of civil suits thus
attachment or arrest becomes imperative. As far as government officer is concerned, he cannot be arrested until or
unless his department determines. Respect of party is also important as the respect of the Court is.

Where guidance of the law is not available, reasonability serves the purpose to fill the space in the best interest of
justice.

Inter-pleader suit u/s 88: An inter-pleader suit is one in which the real dispute is between the defendants only and the
defendants inter-plead, that is to say, plead against each other instead of pleading against the plaintiff as in an ordinary
suit. In every inter-pleader suit there must be some debt or sum of money or other property in dispute between the
defendants only. And the plaintiff must be a person who claims no interest therein other than for charges or costs and
who is ready to pay or deliver it to such of the defendants as may be declared by the Court to be entitled to it.

Object of the inter-pleader suit is to determine and convey property to right person. Person who conveys the property
has right to receive cost of maintenance incurred during the course of occupation.

Order 35 is also related with procedure on inter-pleader suit. It deals whether how suit shall be instituted, who shall
institute, how Court shall determine the claim in favour of defendants, on what grounds suit can be dismissed, and
how the costs are determined.

When a person is in possession of property in which he claims no interest, but to which two or more other person may
claim, and he, not knowing to whom he may safely give it up, is sued or expects to be sued by one or both, he can
compel them to inter-plead, i.e., to take proceedings between themselves to determine who is entitled to it.

For example, A has a possession of certain property. B and C have claim in such property. A is required to invoke the
door of Court to obtain order to declare whether who has better right of ownership. When claimants are left to decide
their right, that is called inter-pleader suit. Court declares their right. Adverse claim can be prayed to avoid the
conveyance of property.
Opinion of Court u/s 90: Where two or more persons jointly are agreed to refer their dispute to Court to get its opinion,
Court is bound to determine their dispute. Court gives its opinion.

Opinion and decree are different. S. 96(2) applies. No appeal lies against the consent decree while appeal may lie
against original decree. Suit can be re-opened against consent decree upon mutual agreement of the parties.

Consent decree and appeal u/s 96(3) and Order 23, Rule 3:

1. Generally no appeal:

2. Why: It determines rights.

3. Where appeal is allowed:

a) Want of jurisdiction:

b) No compromise:

c) By mistake:

d) Where one party admits:

e) Coercion:

f) Fraud:

g) Undue influence:

Public nuisance u/s 91: Violation of the use of public right is public nuisance. It is crime u/s 268 of Pakistan Penal Code.

Example of public nuisance: A person keeps his horses and wagons standing for an unreasonable time on the high
way.

If some particular or special damage is proved then it becomes actionable and gives rise civil action. A man falls down
in a trench dug left open and unfenced. No light was placed as security measures. His wrist and other portion of body
received injury. Held negligence on the part of defendant and liable to pay damages. Appeal in High Court dismissed
and upheld the decision of the trial Court.

Consents of the Advocate General are necessary to bring suit against public nuisance. Where special damage is caused
to party, consents of Advocate General become unimportant. Government appoints Advocate General in province and
Attorney General in centre.

1. Types of nuisances:

a) Private:

b) Public:

2. Effect of two or more persons:

3. Permission of Advocate General from province:

4. Written consents:

5. Where damage is caused: No need to get permission of Advocate General. It extinguishes the need of written
permission of Advocate General.
6. Where damage is not caused: Permission from Advocate General is required.

7. Declaration:

8. Injunctions:

9. Other relief:

Supplemental proceedings u/s 94: Court can do everything to ensure the justice in compliance of law. Orders 38 and
39 are relevant to this section. Civil Court may take following measures in the interest of justice:

1. Issuance of warrant: Where it becomes into the knowledge of Court the defendant may leave the jurisdiction of
Court, Court may issue warrant of his arrest to ensure his presence in Court for the end of justice.

2. Demand of security: Where it reveals from facts that defendant may defeat or frustrate the call of Court, Court
may demand security from defendant to get assurance of his presence in Court at due time.

3. Civil prison: Where defendant fails to furnish security being surety of his presence in Court, Court may order for
his civil prison until defendant furnishes sufficient security.

4. Temporary injunction: Court may issue temporary injunctions to keep him in the jurisdiction of Court for
appearance as and when required.

5. Attachment of property: Where defendant fails to comply with the orders of Court for the provision of security
and defeat the purpose of temporary injunction, Court may attach his property and may sale.

6. Appointment of receiver: In order to keep the property of defendant in the custody of Court, Court may appoint
receiver for maintenance and subsequently its sale.

7. Interlocutory order: Where Court thinks fit and proper may issue interlocutory orders.

8. Any other order, which is reasonable: Court may pass any order, which thinks fit for the end of justice.

First appeal u/s 96: First appeal lies in the Court competent to hear the appeal. Grounds of objection must be such as
arise from the pleadings and evidence, and are necessary for the decision of the suit. The grounds must be stated
briefly and concisely and no legal arguments must be set out therein. Grounds of appeal can be described as under:

1. The judgement or decree of lower Court is contrary to law.

2. The judgement or decree of lower Court is against fact.

3. The judgement or decree of lower Court is contravened to law and fact.

4. The Court below has omitted to determine any material points.

Second appeal u/s 100: Second appeal lies in High Court. High Court only determines the question of law and not the
question of fact. It is instituted against the decree passed in appeal. Grounds of appeal can be described as under:

1. The decision is against either the law or usage of the country for time being in force.

2. The decision has omitted some material facts of law having the force of law.

3. The substantial error or defect in the procedure produced error or defect in the decision of the suit upon the
merits.
Powers of the appellate Court u/s 107: Appellate courts have certain power for the end of justice such as:

1. Decision or the judgement is upheld finally.

2. To reverse the judgement/decree of the lower Court. Appeal is accepted and decree or judgement is set aside.

3. To frame additional issue in case and refer it to the Court below for trial.

4. To direct the lower courts to take additional evidence in the case. The case is remanded to lower Court for retrial.

5. Modification is partially admitted and the rest is dismissed.

6. Remand of case:

7. Powers of original court:

8. Uphold judgement:

9. When jurisdiction then original:

10. Reduce penalty:

11. Enhance penalty:

12. Annul penalty:

Time limit for appeal: Time limit for appeal is three months from the date of the judgement.

Third appeal u/s 109: Third appeal lies in Supreme Court. Grounds of third appeal can be summarized as under:

1. Where the value of the suit is Rs. 50,000/- or upward.

2. Where the amount of decree and claim is varied.

3. Where High Court certifies that as to the constitution substantial question of law is involved.

Contents of the final judgement Order 41, Rule 31: Appellate Court gives its judgement in writing including:

1. All the points for determination.

2. Decision on the points.

3. Reasons of the decision.

4. Relief for which appellant is entitled.

Provisions of copies of final judgement: In civil suits copies of judgement are provided on cost whereas the copies of
the judgement are provided free of cost in criminal cases. They are also sent to lower Court of judgement.

Grounds of additional evidence or appeal Order 41, Rule 27:

1. Generally: It is not permitted in general.

2. Exception:

a) Refusal to admit evidence: Original court has omitted to refuse the evidence.
 b) Appellate Court desires witness:

c) Appellate Court desires document:

d) Permission of Court:

e) Recording of reasons:

f) Any other substantial cause:

g) Subsequent event:

Reference u/s 113: The decision of a question by a referee. Any lower Court may refer points for determination to its
superior Court. Although this is duty of the every Court to decide the case after getting through the depth of the case,
but some times assistance of the higher Court is sought. And higher Court may also put an important question to High
Court to get its opinion.

Review u/s 114: It means the reconsideration of the judgement on the application of a party dissatisfied. Review is
made by the Court, which passes the decree or makes the order. Aggrieved person may institute appeal for review:

1. Where appeal is not preferred: Where decree or order from which an appeal is allowed but the party aggrieved
has not preferred the appeal.

2. Where appeal is not allowed: Where the Code of Civil Procedure does not allow appeal for such decree or order
passed by the Court.

3. On the decision of Small Cause Court: Where Small Cause Court has decision upon reference.

4. Only aggrieved party:

5. Objection on decree:

6. Objection on Order:

7. Where appeal is allowed:

Revision u/s 115: The jurisdiction exercised by the High Court under this section is called Revisional Jurisdiction.
Conditions for the application of revision are as follows:

1. Subordinate Court appears to have exercised a jurisdiction not vested in it by law.

2. Subordinate Court has failed to exercise a jurisdiction vested in it by law.

3. Such Court has acted in the exercise of its jurisdiction illegally or with material irregularity.

Above are the cases in which High Court can interfere. High Court cannot interfere in all other cases. Revision lies in
the following cases:

1. Jurisdiction without law:

2. Where jurisdiction fails to exercise:

3. Illegally exercise:

4. Material irregularity:
5. Case decided:

6. Decision of subordinate court:

7. Extinction of appeal right:

8. Code of Civil Procedure violation:

9. Substantial error:

Exemption of certain woman from personal appearance u/s 132: Where parda observing lady cannot appear in Court
due to customs of the country, she cannot be compelled to appear personally in the Court. Accused also can apply for
the exemption from appearance on certain reasons such as bodily infirmity, old age factor, or imprisonment. She has
to prove that upto what extent she is parda observing. Where she is ultra modern lady, who wears skirt and visits
Liberty Market etc., cannot keep away herself from appearance in Court. Generally law leans in favour of women.

U/s 133 also Provincial Government may exempt any person from the personal appearance in Court keeping in view of
the rank of the employee. Government prepares the list of such exempted persons with residential addresses and
provides to High Court and such subordinate Court in whose jurisdiction they reside.

U/s 135 Judges and Magistrates are also exempted to arrest in civil suits while returning from courts or while presiding
in Court.

1. Personal appearance and consequence Order 9, Rule 1 to 12:

a) Where party applies for summoning:

b) Where law requires:

c) Where important question is involved:

d) Where remedy requires:

e) Where justice requires:

2. Consequences:

a) Dismissal:

b) Warrant:

c) Ex-parte:

d) Cost:

e) Special cost:

f) Second summon:

g) Res-judicata:

h) Pronouncement:

Language of subordinate Court: English is the language of subordinate courts but upon request and payment of cost,
translation may be provided to the party. Some time litigation is started in English, continuous in Urdu, and ends in
Punjabi. It is against the decorum of the Court. To maintain the discipline of the Court is the duty of Judge concerned.
It increases the respect of Court.

Judges regulate the proceedings of the courts. It is the duty of the Court to streamline the proceedings.

Inherent powers of courts: S. 151 of Code of Civil Procedure provides the inherent powers to civil courts to exercise
such powers which are necessary to ensure justice and which are necessary to prevent abuse of the process of the
Court. This power is not available in criminal side. Only civil courts enjoy this power. Since Code of Civil Procedure is
not fully exhaustive, therefore, Court in many cases, where the circumstances require it, acts upon the assumption of
the possessions of an inherent power to act ex debito justitiae and to do that real and substantial justice for the
administration of which alone it exists.

Circumstances in which Court may exercise its inherent powers: Following are the circumstances in which Court may
exercise its inherent powers:

1. Abuse of process: Where the Court by employing a procedure does something that it never intended and there is
miscarriage of justice, the Court possesses inherent powers to rectify such mistake, as an act of Court should not
prejudice any person.

2. Lack of provisions: Codified law is never fully exhaustive in nature at all. It always lacks sufficient provisions. Where
law lacks, inherent powers of Court fill this space.

3. Non-Islamic provisions: Where law provides provisions in contravention to Islamic Injunction, Court can exercise
its inherent power to avoid its un-Islamic application.

4. Where substantial justice is unavailable: The inherent powers can only be exercised where there is no express
provision of law is applicable to the case, and as such where an express provision of law is applicable, the Court
will not invoke its inherent jurisdiction.

5. Consolidation of suits: Court may pass order for the consolidation of suits where more than one suits of the same
nature are pending at different forums so that they may be discharged at once.

6. Abuse of power:

7. End of justice:

8. To prevent abuse of power:

9. Re-hearing and ex-parte decree:

10. Refund of fee excess paid:

11. Making good of deficient court fee:

12. Rectification of error in Order:

It must also be noted that Court has no inherent power to do, which is prohibited by this code. Thus, a Court has no
power after the judgement is signed to alter or add to it as to do so would be in direct contravention of the provisions
of Order 20, Rule 3.

Amendment of judgements, decrees, or orders u/s 152: Court is not free from error and may commit error or omission
while making judgement, decree, or order. There are only two cases in which Court can amend or vary a decree or
order after it is drawn up and signed, namely:
1. Inherent power: Under its inherent powers, when the decree or order does not correctly state what the Court
actually decided and intended.

2. Clerical error: Under this section, where there has been a clerical or arithmetical mistake, or an error arising from
an accidental slip or omission.

3. Arithmetical error:

4. Omission:

5. Suo Motu:

6. On application:

7. Application u/s 100:

8. Review u/s 114:

How the amendment in judgement is made: U/s 152 Court can use its powers to amend or alter the judgement where
it discloses any mistake or error. There are two ways under which deficiency can be made good:

1. At own motion: Where Court find any error on the face of record can modify it without effecting the substantive
part of the judgement at own motion.

2. On application: Where party applies for the rectification of error, Court may entertain it under its powers and may
rectify it.

Inherent power to amend decrees and orders: Every Court has an inherent power to vary or amend its own decree or
order so as to carry out its own meaning. In so doing, it does nothing but exercise a power to correct a mistake of its
ministerial officer by whom the decree or order was drawn up, it only insists that the decree drawn up in the office of
the Court should correctly express the judgement given by the Court. It would be perfectly shocking if the Court could
not rectify an error, which is really the error of its own minister. When an error has been committed, if is always within
the competency of the Court, if nothing has intervened which would render it inexpedient or inequitable to do so, to
correct the record in order to bring it into harmony with the order which the Judge obviously meant to pronounce.

Illustration: A sues B for Rs. 5,000/- and interest. The judgement is for Rs. 4,000/- without more. The decree is drawn
up in accordance with the judgement. A then applies to amend the decree by adding an order for payment of interest.
The application must be refused, for the decree does not add variance with the judgement. If A is aggrieved by the
decree, the proper Court for him is to apply for a review of judgement or to appeal from the decree.

A and B enter into an agreement for partition of certain properties. B fails to convey to A the properties
of A’s share. A sues B for specific performance of the agreement and a decree is passed declaring only that “A is
entitled to specific performance of the agreement”. The usual form is to declare that “agreement ought to be
specifically performed, and the Court both order and decree that the same be specifically performed (i.e., both
by A and B)”. The decree may be amended so as to put it in the usual form; (In the above case, the amendment was
necessary, for the decree as drawn up did not contain any direction to A to convey to B the properties of B’s share,
but declared only that A was entitled to specific performance.)

A sues B and C for Rs. 5,000/-. The judgement awards Rs. 5,000/- to A “as prayed” (i.e., as against B and C). B draws up
the decree so as to render amount payable alone. The decree may be amended and brought into conformity with
judgement.

Failure in filing written statement under Order 8, Rule 10: When Court fixes the date for filing the written statement
and party responsible fails to do so within time stipulated, is liable to either strike off or passing of new order, as Court
thinks fit. Court attains the right to pronounce the judgement against defendant. It is to keep in mind that this right
of Court is not available in all cases. This provision of law is applicable in certain cases.

Some time Court imposes cost to parties in order to prevent the abuse of process. Process in Court is not to be taken
lightly and non-seriously. It is a forum of judgement. Wrong use of this forum may cause failure in declaration of rights
and pronouncement of fair judgement. Court is duty bound to ensure the decorum of Court by every possible mean.
Courts ensure the end of justice and prevention of abuse by this power. Court may do anything whatever she wants
to perform its functions.

Institution of suits u/s 26 and Order 4: Section 26 and Order 4 are identical so far as institution of suits is concerned.
Every suit is instituted by presentation of the plaint in manners prescribed. Order 5 and 6 prescribes the procedure to
present plaint for the institution of suit.

Pleading is a mother of every case and every pleading contains:

1. Plaint (Ó§f¿ Ô̧e Øyj§): It is complaint against defendant and its originator is called plaintiff.

2. Written statement (îμ§ B§f¿ çAkA Ô̧e LAÌU): It is reply of plaint. Its maker is termed as defendant.

3. Issues (PBÈδÄM): Varied points of plaint and written statement are called facts in issues.

4. Evidence (PeBÈq): Support of facts in issues produced by both plaintiff and defendant is called evidence to prove
or disprove their claims.

5. Arguments (SZI): It is a stage of suit or case after evidence and before judgement. Both parties discuss their claims.

6. Judgement (î¼vί): It is a conclusion of the suit or case.

First appeal lies in the Court of District Judge. Second appeal lies to High Court whereas final appeal lies to Supreme
Court.

1. Plea (±³Û¿): It is a charge or answer of charge.

2. Plead (BÃj· s΂): To plead means to address the Court on behalf of either the plaintiff or the defendant.

3. Pleader (i•Î¼‚): He is advocate who appears in the Court of law.

4. Pleading (BÃj· s΂ ±³Û¿): Pleading therefore would mean statement-making acquisition of allegation and replies
thereto made in a legal action.

Pleadings are statements in writing drawn up and filed by each party to a case, stating what his contentions will
be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.

Every pleading shall contain, and contain only, a statement in a concise form of the material facts, on which the
party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be
proved.

Written or printed statements delivered alternately by the parties to one another, until the questions of fact and law
to be decided in an action have been ascertained, i.e., until issue is joined.

Pleading (Proceedings)

Application
Plaint Written Statement
(when made)
 Issues

Evidence

Arguments

Judgement

First Appeal (District Judge)

Second Appeal (High Court)

Third and Final Appeal (Supreme Court)

Above chart shows the proceedings and at any stage Court may (discretionary) permit either party to alter or amend
the plaint or written statement. Application is made to the Judge concerned for alteration, which must be bona-fide
and not scandalous, mala-fide, or prejudice.

Plaint under Order 7, Rule 1: The plaint contains the following particulars:

1. Name of Court: Every plaint must contain the name of Court in which plaint is to be brought.

2. Particulars of plaintiff: Name and place of residence of the plaintiff is described.

3. Particulars of defendant: Name and address of the defendant whichever is provided.

4. Particular of second defendant: In the suits against government, minor, or inter-pleader suits, always two
defendants are entertained.

5. Statement of next friend: Where plaintiff or defendant is minor, statement of his next friend is included in the
plaint.

6. Facts of the issue: The plaintiff must give such particulars as will enable the defendant and the Court to ascertain
from the plaint whether in fact and in law the cause of action did arise as alleged or not. The plaintiff’s mere
statement that it did arise or that he has a good cause of action is useless for this purpose.

7. Jurisdiction of Court: In which Court plaint is filed must have power to proceed the suit. Normally the place of
residence of defendant is taken into consideration for filing the suit.

8. Relief clause: Plaint without pray for relief is useless. Where plaint lacks pray no remedy is granted.

9. Set off clause: Where plaintiff wants to set off or relinquish claim, must state in plaint otherwise plaintiff shall lose
the remedy.

10. Court fee: Statement of the value of the subject matter of the suit for the purposes of jurisdiction and of Court
fees so far as the case admits.

Rejection of plaint under Order 7, Rule 11: Following are the grounds in which plaints are rejected:

1. Where plaint does not disclose a cause of action: It is obligatory upon the Court to reject a plaint if it did not
disclose a cause of action, and its existence is to be discovered from plaint only.
2. Where the relief claimed is undervalued: If the relief claimed is undervalued and the valuation is not corrected
within the time fixed by the Court the plaint must be rejected and such rejection is a dismissal of the suit, though
the plaintiff may present a fresh plaint under Order 7, Rule 13.

3. Where a plaint is written upon paper insufficient stamped: The following points are to be noted in connection
with this clause:

(1) Where a plaint is written upon paper insufficiently stamped the Court is bound to give the plaintiff time to
make good the deficiency. Reasonable time must be allowed after the Court has decided that the Court fee
paid is insufficient and within the time allowed, if the plaintiff cannot pay, he may apply to continue the suit
as a pauper.

(2) If the plaintiff fails to supply the requisite stamp paper within the period fixed by the Court, the plaint may
be rejected under this rule, even after it has been numbered and registered as a suit. The reason is that the
power to reject a plaint under this rule is not exhausted when the plaint has been admitted and registered.

(3) A plaint is presented on the last day allowed by the law of limitation. It is written upon paper insufficiently
stamped. The plaintiff is ordered to supply the requisite stamp paper within a week. The order is complied
with on the fourth day after the date of presentation of the plaint. This would necessarily be after the
expiration of the period of limitation prescribed for the institution of the suit. Can the plaint be admitted
under these circumstances? Under the code it can be.

4. Suit barred by any law: Where a suit appears from statements in the plaint to be barred by the law of limitation
but the plaint is not rejected when presented, the Court may in proper case allow the plaint to be amended at the
hearing. Where a suit is brought against the Secretary of State without giving the notice required by S. 80, the
plaint should be rejected under this code.

5. Where no appeal lies:

6. Interim:

7. Wrong addition of plaintiff Order 21:

8. No resjudicata:

9. Claim undervalue:

10. Failure in correction:

Dismissal of plaint:

1. When case is not proved:

2. Conclusion on merit:

3. Appeal lies:

4. Finality:

5. Res-judicata:

6. Res-subjudice:

Misjoinder, non-joinder – explanation and its complications Order 1, Rule 9 and 13:
1. Mis-joinder: He is irrelevant person whose joining is illegal.

2. Power of court to cease party:

3. Non-joining: Where no one joins and effective decision cannot be given. It is non-joining of the necessary party.

4. Power of court: Court may include or exclude any party at any stage of pleadings.

5. Way to use power:

a) Application:

b) Suo motu:

6. Implications:

a) No decision:

b) No rights:

c) No justice:

d) Dismissal of suit:

e) Objections:

Examination of parties by the Court under Order 10: There are always two parties in civil cases. They may either be
plaintiff and defendant; appellant and respondent; or petitioner and respondent. Both parties allege against each
other.

For example, A advances loan to B for Rs. 10,000/- on a certain date by an properly executed promissory note, signed
and witnessed. B neither pays back the loan nor responses to A. A institutes a case against B to which B denies.

Court ascertains certain facts such as whether A has advanced loan to B, promissory note is original or forged, on
which date it was executed etc. These objections are put by the examination in chief. He ascertains about the loan,
date of loan, promissory note, and witnesses. He uses oath to do this. An advocate of plaintiff plays role as
examination in chief.

Advocate of defendant makes cross-questions. He ascertains about the time of advance the loan, place where loan
was advanced, medium of loan whether what was the denomination of the currency notes, relationship of witnesses
with plaintiff, payment before witnesses or not, in what position whether sitting or standing position at the time of
handing over currency, if sitting, what was the sitting mode whether chair or cot was used etc. Statement of witnesses
may vary or match. Witnesses take oath before making any statement.

Muslim shall be required to repeat the, “I swear by Allah, the Almighty that I will give true evidence; and if I give false
evidence, I would thereby invoke wrath and curse of Allah on me.”

Hindu shall be required to repeat the, “I solemnly affirm in the presence of Almighty God that what I shall state shall
be the truth, the whole truth and nothing but the truth.”

Production, impounding (confine), and return of documents under Order 13: This Order deals with the procedure
about the production of document, their retention and return. Original documents are preferred as compare to
photocopies. Where photocopy is allowed it must be get copied from original one and not from copy to copy.
Documents, which are not made part of record, are returned subsequently.
Disposal of the suit at the first hearing under Order 15: There are certain grounds on which Court may pronounce
judgement on first hearing, for example:

1. Where parties are not concerned with any question of law or fact.

2. Where there is irrelevant defendant, Court may pronounce judgement against the irrelevant defendant and case
remains in proceeding against other defendants who are at issue of either question of law or fact.

3. Where Court comes to conclusion that further arguments or evidence is not required, and immediate judgement
shall not affect the essence of justice, Court may pronounce judgement at very first hearing.

4. Where parties are present in Court and have no objection in settlement, Court pronounces the judgement.

5. Where parties fail to produce evidence after issuing the summons.

Summons and attendance of witnesses under Order 16: All parties in suit present a list of witnesses in Court, whom
they propose to call, not later than seven days after the settlement of issue.

The parties can be permitted by the Court to call witnesses other than those mentioned in the list so provided by the
parties only on showing good cause, and if the Court grants such permission, it shall record the reasons.

Where party applies for summoning the witnesses on any reason, Court may impose cost or may demand expenses
for the production of witnesses. This cost remains reasonable. These expenses are payable to person who is called to
appear in Court. Court pays this amount to person. Expenses are paid to defray (to meet cost) the expenses of the
detention of witnesses.

Court issues summons to call witness in Court where he is required to testify the statement. Where he commits default
after commitment, cost is imposed to him to ensure his presence in Court. Salary may also be attached if he is
employee. Salary may be deposited into government treasury if he continuously commits default in presence to Court.
His property may also be attached, retained, sold if he commits default in presence in Court upon summons. Arrest
and civil prison are also methods to compel for presence in Court. Civil prison is confined upto maximum thirty days.
Court may issue summons either normal or coercive.

Powers of court to summon witnesses u/s 32 and Order 16, Rule 10:

1. Cost:

2. Proclamation: It is issued to attend the court.

3. Production of document:

4. Warrant:

5. Attachment:

6. Fine:

7. Arrest:

8. Adjournment:

9. Dismissal of suit:

Adjournment under Order 17: Where Court thinks fit and where there are sufficient reason with prejudice or defeat
of justice, Court may allow time to parties. There may be certain reasons such as absence of counsel, witnesses, or
Judge. Where party makes request for next date, Court may impose cost reasonably. Engagement of lawyer in other
Court is also a reason of being his absence. Court may close the evidence of defaulted party for the pronouncement
of judgement. Person once defaulted may be debarred to give evidence in subsequent cases.

Judgement and decree under Order 20: S. 33 of Code of Civil Procedure is corresponding to Order 20. Where case has
been heard and all the formalities have been completed, Court pronounces the judgement. Where evidence has been
completed, Court fixes the time for maximum fifteen days for the arguments.

Where case has been completed, Court pronounces judgement within thirty days from the completion of such
proceedings. Judgement is written and signed by the Judge making it. It remains invalid until it is signed. Judgement
contains details on each issue in facts.

Withdrawal and adjustment of suits under Order 23: After institution of suit any party either plaintiff or defendant
may withdraw suit. Defect in suit and any other reason which Court thinks fit, may cause adjudge the suit. Parties may
institute fresh suit after removal of defects.

Where suit is withdrawn without permission of Court, withdrawing party has to pay costs to other party amount of
which Court sets.

Time limitation for fresh suit Order 23, Rule 2: Extra time limit is not provided where party institutes fresh suit with
the permission of Court. Court treats it first suit.

Compromise of suit Order 23, Rule 3: Where parties make lawful agreement for the withdrawal of suit and satisfy
Court, Court adjudges the suit and passes a decree according to the nature of suit.

The agreement, compromise, or satisfaction contemplated by this rule may, relate to the whole suit, it may relate only
to a part thereof, or it may also compromise matters that do not relate to the suit.

When the agreement relates to the whole suit, the Court must, on being invited by the parties, record the agreement,
and passes a decree in accordance with the agreement, and the suit, stops there.

Where the agreement relates to a part only of the suit, the Court must, on the application of the parties, passes a
decree in accordance with the agreement and the suit may be proceeded with as to the rest. But the Court is not
obliged to pass a decree as soon as the compromise is recorded. In the case of a compromise of part of a suit, which
did not include a party whose interest could not be separated, the Court was held to be justified in postponing passing
a decree until the termination of the suit.

Commissions to examine witnesses under Order 26: In any suit in which party cannot appear before Court due to any
reason permissible, i.e., pardanasheen lady, sickness, or infirmity of the party, Court may constitute a commission for
examination on interrogatories on spot. Commission goes to party physically and examine his statement. Commission
is constituted for the following purposes namely:

1. To examine any person in suit.

2. For local investigation.

3. To inspect and jam the accounts.

4. For the purpose of partitioning of the property.

Suits by or against minor and persons of unsound mind Order 32: Where a person is minor, in civil suit, suit shall be
instituted in his own name through his next friend.

Who is minor: Every Pakistani who has not completed the age of 18 years is considered minor. In cases where Court
appoints guardian for the person or property or where Court is in superintendence of the property and person, the
person attains the age of majority at 21 years according to Majority Act, XI of 1875, u/s. 3. In either case whether minor
is plaintiff or defendant, case is filed either through his next friend or guardian. Where guardian is not available, Court
first decides his guardian and then allows the filing of suit. This step is taken to protect the interest of minor.

Who is next friend: Any person who is nearer to minor is supposed his next friend. In case of death of father of minor,
mother has best title being best friend. Where mother also dies then maternal grandmother, paternal grand mother,
maternal uncle, paternal uncle etc. have best rights to be next friend. Step relatives have not right being the next
friend.

Agreement of compromise by next friend or guardian for the suit Order 32, Rule 7: In normal circumstance any party
in suit may compromise on suit out of the Court and may inform Court to close the case. Court has no objection if
parties decide the case at their own level. But as far as minor is concerned, Court has to satisfaction whether the
compromise which next friend of the minor has made is in the best interest of minor. Where Court satisfies, allows
next friend of minor to make compromise.

1. Suit by next friend:

2. In his own name:

3. Suit without next friend: Please pay cost.

4. Receipt of property/money with the leave of court:

5. Proceedings stayed on retirement:

Compromise without leave of Court: Where next friend compromises without the leave of Court, shall be voidable on
the option of minor.

Compromise on the behalf of minor Order 32, Rule 7:

1. In bad-faith:

2. Against the interest:

3. Negligence:

4. Unlawful agreement:

5. Without leave of court:

6. After retirement:

7. After removal:

Retirement of guardian Order 32, Rule 11: Guardian may retire at any time. There are three grounds for the retirement
or removal of guardian, i.e., having no interest in the matters relating to minor, death, or incapacity to act as guardian.
Where guardian dies, removes, or retires during the pendency of case in Court, Court appoints new guardian in his
place.

Suits by paupers (destitute, beggar, insolvent) Order 33: Any person who is pauper may institute suit with the leave
of Court. He is exempted from the payment of Court fee.

Who is pauper: A person who does not possess of sufficient means to enable him to pay the fee prescribed by law for
the plaint in such suit, or, where no such fee is prescribed, when he is not entitled to property worth one thousand
rupees other than his necessary wearing apparel and the subject matter of the suit.
A person in receipt of relief under, formerly, the poor laws is pauper. A person suing or defending an action in forma
pauperis.

Summary procedure in negotiable instruments Order 37: Courts do not indulge in lengthy process where negotiable
instrument is under consideration. Normally Court issues summons to defendants and hear their viewpoint. But as far
as cases of negotiable instruments are concerned, courts do not call defendants to defend the case. It is because
noting on Bill of Exchange is considered conclusive proof of the refusal of payment of negotiable instrument. If
defendant wants to defend the case, he has to get leave of Court. High Court or District Judge has jurisdiction over
the matter or any other Civil Court to which High Court notifies.

Arrest and attachment before judgement Order 38: Order for arrest of attachment of property can be passed in
following circumstances:

1. Secret departs from jurisdiction: Court has no jurisdiction outside its territorial limits. Where a case is being
processed in Lahore and defendant plans to leave Lahore for Karachi, jurisdiction of Court may be vitiated. It also
defeats and frustrates the case. Said person can be ordered to produce sufficient security to remain in Lahore or
attend the Court as and when Court wants. Remaining in local jurisdiction ensures justice.

2. Likely secret depart from jurisdiction: Where defendant has not departed form local jurisdiction but may depart
secretly keeping in view of the expected judgement of the Court, security can be ordered to ensure his remaining
within local limits of jurisdiction.

3. Disposal or removal of property from jurisdiction: Property, which is under litigation and determination of Court,
cannot be disposed of or removed until the execution of decree. To ensure its remaining within local jurisdiction,
security is ordered. Its sale or alienation becomes prohibited.

4. Likely to leave Pakistan: When defendant is likely to leave Pakistan and his depart may cause abandon the
execution of decree, he may be arrested before judgement. This arrest is made to have sufficient security so that
proceedings of Court may not be effected.

5. Removal of property:

6. Damage to property:

7. Causing delay in execution:

8. Failure in show cause:

9. Failure to furnish security:

10. Delayed compliance:

Particulars not liable to attach u/s 60: Following particulars shall neither be attached nor sold:

1. Necessary wearing apparels.

2. Cooking vessels.

3. Beds and bedding of the judgement debtor.

4. Wife and children.

5. Personal ornaments as in accordance with religious usage.

6. Tools of artisans.
7. Tools of agricultural.

8. Cattle.

9. Seed grain.

10. Food grain exempted.

11. Houses and buildings belonging to agriculturist.

12. Books of accounts.

13. Right of personal service.

14. Stipends and gratuity of pensioners.

15. The wages of laborers and some others.

Property liable to sale in execution is also described u/s 60 of the Code of Civil Procedure. It contains long list.

Temporary injunctions and interlocutory orders Order 39: Injunctions are of two
kinds, temporary and perpetual. Temporary injunctions are regulated by Rules 1 and 2 of the Order 39. Perpetual
injunctions are regulated by Ss. 55 to 57 of the Specific Relief Act, 1877. A party against whom a perpetual injunction is
granted is thereby restrained forever from doing the act complained of. A perpetual injunction can only be granted
by a final decree made at the hearing and upon the merits of a suit. A temporary or interim injunction, on the other
hand, may be granted on an interlocutory application at any stage of a suit whiteout considering the merits.
The injunction is called temporary, for it endures (supports) only until the suit is disposed of or until the further order
of the Court.

Duration of temporary injunction: A temporary injunction may be granted until the suit is disposed of or until the
further order of the Court. When a temporary injunction is granted “until the further order of the Court” and the
injunction is not dissolved pending the suit, it comes to an end when the suit is disposed of. After the decree is passed,
the Court that passed the decree has not powers to grant a further temporary injunction. But if an appeal is preferred
from the decree, the appellate Court, if would seem, may grant a temporary injunction under this Rule. In an appeal
from an order refusing a temporary injunction, the appellate Court, granted a temporary injunction “pending final
decision of the suit”, and this was held to terminate with the decree of the lower Court.

Factors, which Court to see before granting temporary injunction Order 39: Court has to take into account three
factors before granting temporary injunction such as:

1. Prima facie case of plaintiff: Before issuing the temporary injunction Court has to account for whether plaintiff has
a prima facie case against defendant.

2. Balance of convenience (O»ÌÈm ÆkAÌM): It is another factor, which Court has to consider. It aims that defendant
may not construct building. It should be demanded before the completion of building. Building which has been
constructed completely causes inconvenience. Injunctions should be prayed before the completion of the task.

3. Irreparable loss: It should appear on the part of plaintiff that his case is argue-able and right and if stay is not
granted, it shall cause irreparable loss to plaintiff.

When the Court may vary, set aside, and discharge the injunction:

1. When is fraud:

2. Where is not right:

3. Where is not infringement:

4. Where no loss is caused:

5. Where nothing happens upon no injunction:

6. Where convenience does not require:

7. Time compulsion:

8. Object has been achieved:

Before granting the temporary injunction, Court has to satisfy herself on three factors above. When Court satisfy on
the above three factors, then grants stay order.

Breach of injunction: Where defendant intentionally and willfully breaches the compliance of injunction, Court has
power to take punitive measures to ensure the compliance of injunction. They are as follows:

1. Attachment: Court can attach property of the party in breach for a maximum period of one year.

2. Detention: Person in breach can be detained for a maximum period of six months.

3. Imprisonment under Pakistan Penal Code: Person who intentionally offers any insult or causes interruption to any
pubic servant is liable to punish with a simple imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.

4. Further injunction: Plaintiff may seek for further injunction for the maintenance of status quo (current situation)
where defendant causes breach of injunction. Status quo means remaining the status as such. Status is not
changed until the decision of the Court. As soon as temporary injunction is granted work stops at once.

First appeal: While first appeal following orders can be passed:

1. Uphold judgement: Court may uphold previous judgement.

2. Set aside judgement: Court also may set aside previous judgement.

3. Remand: It may be either partly or full. In remand the whole suit is reopened and the questions on which the trial
Court may have recorded its findings may be re-agitated, so the remand should not be arbitrary.

Execution of decrees and orders Order 21: Person in whose favour decree is issued is termed as “decree holder”,
against whom decree is issued is called “judgement debtor”, and “decree” itself is judgement of Court. Only the Court
which issues decree is obliged to get it executed, even it is upheld either in High Court or Supreme Court while appeal.
It should be kept in mind that original jurisdiction for negotiable instruments and intellectual property is District Court.
This is an exception in such cases. Only District Judge executes the decrees passed in his Court. There are two methods
for getting the decree executed, i.e., oral and written application to the Court maker of it. Detail of both is as under:

Oral application Order 21, Rule 11: Where decree is passed to pay amount, Court may order to pay amount on spot. If
judgement debtor refuses to pay the amount, Court may order for his arrest. As well as judgement debtor pays the
decretal amount, decree or order for payment of amount is executed.

Written application: In general written application is made to get the decree executed. It must be duly signed and
verified by applicant or another person about whom Court is satisfied that he know the facts of the case. Application
should also accompany the certified copy of decree. Also following information is furnished:

1. The number of the suit.

2. The names of the parties.

3. The date of the decree.

4. Whether any appeal has been preferred from the decree.

5. Whether any, and (if any) what, payment or other adjustment of the matter in controversy has been made
between the parties subsequently to the decree.

6. Whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates
of such applications and their results.

7. The amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars
for any cross-decree, whether passed before or after the date of the decree sought to be executed.

8. The amount of the cost (if any) awarded.

9. The name of the person against whom execution of the decree is sought.

10. The mode in which the assistance of the Court is required whether:

a) By the delivery of any property specifically decreed.

b) By the attachment and sale, or by the sale without attachment, of any property.

c) By the arrest and detention in prison of any person.

d) By the appointment of a receiver.

e) Otherwise, as the nature of the relief granted may require.

Objection on attachment Order 21, Rule 58: There may be a situation where property is wrongly attached. Such
property holder may raise objection for the removal of attachment. All questions relating to the right, title, or interest
of such outsider claimant or objector in the attached property are to be adjudicated upon and determined by the
executing Court and not by a separate suit.

Claims and objections to the attached property may be raised either by party to the suit or by a stranger. Where a
claim or objection is made by a party to the suit or representative of a party, it shall be determined in proceedings u/s
47 of the Code of Civil Procedure and not in any other proceeding.

Rule 58 provides remedy to a person who is not bound by the decree and who claims any right, title, or interest in the
attached property.

Resistance or obstruction to possession of immovable property Order 21, Rule 97: S. 74, Rules 97, 98, and 99 are to
be read together. The provisions of Rule 97 are meant to enable determination of genuine third party interests of an
independent character. Possession includes both actual and constructive possession. This rule applies where
resistance is offered to the decree holder or auction purchaser entitled to the possession of such property, and it is
only who can apply under this rule.

Before Rule 97 can be availed of, the applicant must show some overt act of resistance. The locking up of the door of
the house amounts obstruction. As soon as the obstruction is made, the decree holder or the auction purchaser can
move an application under Rule 97. It may even be an oral application. A Court cannot act suo motu.
Where the decree holder is obstructed by the judgement debtor or any person claiming under him he may either
proceed under Rule 97 ante (speculation), or apply again under Rule 35 or 36 ante, and thereafter present a fresh
application under Rule 97 ante.

Where strangers obstruct a decree holder, he may either proceed under Rule 97 ante or apply again under Rule 35 or
36 ante.

Where the judgement debtor or some one else claiming under it obstructs the auction purchaser, he may either apply
under Rule 97 ante, or apply again under Rules 95 and 96 ante.

Where a stranger obstructs auction purchase, he may proceed under Rule 97 ante.

The purchaser first makes an application to the Court by way of execution under Rule 97. That application should not
mention that any particular person is likely to resist. If the process of execution under these rules is resisted, it is then
that an application under this rule should be made.

Resistance or obstruction by judgement debtor Order 21, Rule 98: This Rule deals with two cases, namely, where
obstruction is occasioned without just cause, i.e., by the judgement debtor, or by some other person at his instigation.

No order can be made under this Rule if a person other than the judgement debtor causes the obstruction unless the
Court is satisfied that the person was acting at the instigation of the judgement debtor. Thirty days’ imprisonment is
awarded to who causes obstruction.

Remedies against ex-parte Order 9, Rule 13:

1. Application under Order 9, Rule 13:

2. Review application u/s 114 and Order 47, Rule 1:

3. Appeal u/s 96 – first appeal:

4. Set aside u/s 12(2) – on fraud:

5. Application for re-hearing: Principles of natural justice are applicable.

6. Revision shall lie u/s 115:

7. Where service of summons was defective:

8. Satisfaction of Court:

9. Presence of sufficient cause:

10. Writ under inherent powers u/s 151:

Where defendant fails to appear Order 9, Rule 11:

1. Continue hearing where one appears:

2. Ex-parte:

3. Summoning:

4. Failure of three months:

5. Continue proceeding where are more defendants:

Amendment of pleading – when and what Order 6, Rule 17: Following are grounds:

1. Grounds:

a) New information:

b) New document:

c) New evidence:

d) Omission of necessary fact:

e) Clerical error:

f) Joining of new party:

2. Where not allowed:

a) Where nature of suit changes:

b) Where relief is added:

c) New cause of action:

d) Hampering:

e) Where Court thinks unnecessary:

f) Injustice:

3. When is allowed: At any stage of the pleading.

4. Stages of pleading: From plaint to third appeal is called pleading.

Civil Courts have ultimate jurisdiction u/s 9:

1. What is civil suit:

2. Expressly barred suits:

3. What is not civil suit:

4. Kinds of civil suits:

a) Property:

b) Declaration:

c) Damages:

d) Restitution of rights:

e) Where Code of Civil Procedure is applicable:

5. Other cases:
 a) Criminal cases:

b) Banking:

c) Labour:

d) Taxes:

e) Customs:

f) Family:

Power of execution Court u/ss 47, 51, and 94:

1. Determination:

2. No additional fee:

3. Delivery of decretal property:

4. Attachment:

5. Sale:

6. Arrest:

7. Detention:

8. Appointment of receiver:

9. Any other relief:

10. Issue of warrant u/s 94 :

a) Where may leave country:

b) Where may leave jurisdiction:

c) Likely to leave Pakistan:

11. Demand of security:

12. Civil prison:

13. Temporary injunctions:

14. Matters of execution by separate suit:

a) Delivery of property:

b) Attachment:

c) Sale:

d) Arrest:
 e) Detention:

f) Receiver:

g) Custom:

h) Illegal:

i) Violation of Code of Civil Procedure:

j) Substantial error:

k) Any matter:

Matters before framing of issues:

1. Plaint:

2. Written statement:

3. Jurisdiction:

4. Court fee:

5. Admission of suit:

6. Joinder of necessary parties:

7. Removal of mis-joining:

8. Verification:

9. Summoning:

10. Cause of action:

11. Limitation:

12. Amount of claim:

What issues are and how they are framed Order 14, Rules 1 to 4:

1. What is issue: Varied points of plaint and written statement are called issues.

2. How framed: They are framed in the very first hearing after the submission of plaint and written statement.

a) Claim:

b) Denial of claim:

c) Claim and defense:

d) Allegation on oath:

e) Allegation in answers:
3. Kinds of issues:

a) Issues of fact:

b) Issues of law:

c) Mixed issues:

4. Importance:

a) Shows disputes:

b) To determine rights:

c) To adduce evidence:

d) Base of judgement:

e) Rejection of plaint:

f) Party is not surprised:

g) Opportunity to defend:

Judgement or Order obtained on base of fraud – remedies u/s 12(2) and Order 12, Rule 2:

1. Set aside judgement: Judgment can set aside where it is proved that it was so obtained on the grounds of fraud.

2. Set aside sale: Where sale has taken place in consequence of judgment on base of fraud, court may set aside such
sale.

3. Arrest: Person defrauding the court may be arrested.

4. Attachment: Property of the decree holder can be attached if it is obtained on fraud basis.

5. Civil prison: Person obtaining judgment on base of fraud can be detained in civil prison.

6. Fine:

7. Damages:

8. Application:

9. Revision:

10. Retrial:

11. Recovery:

12. Re-institution:

13. Limitation extension:

Costs u/ss 35 and 35 – A:

1. Limitation prescribed by law:

2. Discretion of court:

3. Court determines the party:

4. Court determines the property:

5. Extent of cost:

6. Want of jurisdiction is no bar:

7. Reasons where cost without event:

8. Interest on costs: 6% pa.

Note on Order 2, Rule 2:

1. Frame of suit:

2. Whole claim: Where more than one claims are arising out from one transaction, they must be joined in a suit. Its
failure may deprive the clamant in future.

3. Joinder of cause of action: More than one causes of actions can be joined in a single suit.

4. Separate trial:

5. Objection of misjoinder: Otherwise it is considered waived off.

6. Entitled claim only:

7. Right of relinquish of portion:

8. Object of relinquish: Jurisdiction.

9. Omission to sue: Right to sue ceases subsequently.

10. No sue against relinquish claim:

11. Subsequent sue where leave is granted:

12. Splitting of claim with the leave of Court:

Action of Court where party is in danger:

1. Issue status quo: Issuance of stay order can control the situation.

2. Injunctions:

3. Arrest:

4. Attachment:

5. Sales:

6. Receiver:

7. Delivery of possession:
8. Issue of warrant:

9. Demand of security:

Objection on territorial jurisdiction at appellate or revisional level: Following are the grounds:

1. Question of fundamental importance:

2. Where pleader gives in writing:

3. Right of appeal diminishes:

4. Substantial error:

5. Relief maybe changed:

6. Fundamental right’s question:

7. Incompetence of court:

Restitution:

1. What is restitution: It is reversal/variance of the opinion/decision.

2. Circumstances:

a) Refund of costs:

b) Refund of interest:

c) Damages:

d) Compensation:

e) Mesne profit:

3. How restitution:

a) By application:

b) Also inherent power: It is not appeal-able.

The Limitation Act
Course Contents:

1. The Limitation Act, 1908 (Act IX of 1908) with commentary as amended upto date (excluding Schedule).

Book Recommended:

1. The Limitation Act, 1908 by Raja Said Akbar Khan.

Object of the law of limitation: Preamble of the Act prescribes its object. It provides the time period in which case can
be brought in the Court of law. Negligence in institution of suit with period prescribed causes the suit time barred thus
not maintainable in Court of law. Violation of one’s right gives rises to cause of action. One should not sleep over his
right. No negligence on accrual of right or interest is permitted. Law aids the vigilant and not the indolent. Vigilance
grants the relief. Enforcement of right upon its infringement is got made through courts. Right is extinguished when
it is not litigated within time prescribed for it.

The object of the Act is not to create or define causes of action but simply to prescribe the period within which existing
rights can be enforced in Court of law. The principle of the Act is not to enable suits to be brought within certain
periods, but to forbid them being brought after certain period.

Laches: It means slackness or negligence and hence willful negligence in asserting one’s rights. The doctrine of laches
is based on the principle “delay defeats equity”.

Negligence or unreasonable delay in asserting or enforcing a right is called laches. The equitable doctrine that the
“delay defeats equities” or that “equity aids the vigilant and not the indolent”. A Court of equity has always refused
its aid to stale demands, where a party has slept upon his rights and acquiesced for a great length of time. Nothing
can call forth this Court into activity but conscience, good faith and reasonable diligence, when these are wanting the
Court is passive and does nothing.

When an equitable right is analogous to a legal right, which is subject to a period of limitation in brining actions to
enforce it, the Court of equity may by analogy apply the same provision to the equitable right.

Acquiescence: It means compliance, consent, submission, or permission. Assent to an infringement of rights, either
expressed, or implied from conduct, by which the right to equitable relief is normally lost. Where plaintiff has implied
consent by way of his conduct is called acquiescence. Party who could not object on the act of other is acquiescence.

Estoppel: The rule of evidence or doctrine of law which precludes a person from denying the truth of some statement
formerly made by him, or the existence of facts which he has by words or conduct led others to believe in. If a person
by a representation induces another to change his position on the faith of it, he cannot afterwards deny the truth of
his representation.

Estoppel by record: A person is not permitted to dispute the facts upon which a judgement against him is based.

Estoppel by deed: A person cannot dispute his own deed, he cannot deny the truth of recitals contained in it.

Estoppel in pais or equitable estoppel: Estoppel by conduct, e.g., a tenant, having accepted a lease, cannot dispute
his lessor’s title.

Equitable estoppel: A person who stands by and keeps silence when he observes another person acting under a
misapprehension or mistake, which by speaking he could have prevented by showing the true state of affairs, cannot
be estopped from later alleging the true state of affairs. Thus an owner of goods who voluntarily allows another to
treat them as his own, without protest, whereby a third person is induced to buy them bona-fide cannot recover them
from that person. Similarly, if a stranger begins to build on land supposing it to be his own, and the real owner,
observing his mistake, abstains from setting him right and leaves him to persevere in his error, equity will not
afterwards allow the real owner to assert his title to the land. Estoppel provides a shield, not a sword it cannot create
a cause of action.

Prescription: The vesting of a right by reason of lapse of time. Negative prescription is the divesting of a right by the
same process.

At common law, a title by prescription was acquired by the enjoyment of a right from time immemorial, or time out of
mind, from which an original grant was implied. Such user would be presumed from evidence of long actual user, but
the presumption might be rebutted by proof that the enjoyment had in fact commenced within legal memory.

Dismissal of the time barred suit u/s 3: All the suits must come within the period prescribed for them under this or any
other special law. It should be kept in mind that any special law excludes the provisions of general law. Even the
defendant does not take plea of limitation, it shall not preclude the Court from raising the point of its own accord.

Institution of suit: Suit is deemed to be instituted when first it is presented to the officer concerned. Subsequent
acceptance of the suit does not matter as far as the institution of suit within limitation period is concerned. Mere
presentation of suit is sufficient to come under limitation period. Making good (realization, completion, perfection,
actualization) of deficiency of Court fee also does not matter if it is made within the time which Court provides for
such purpose. First presentation is valid and not the subsequent making good.

Expiry of limitation on the day when Court is closed u/s 4: Where last day of the limitation period falls on the day
when the Court is closed, time shall be extended upto the date very next reopening of the Court. This Court should be
the proper Court and not the Court, which has not jurisdiction.

Extension of period in certain cases u/s 5: Extension in the limitation period can be prayed only in the case of appeals
or applications for revisions or a review of judgements or for leave to appeal or any other applications to which this
section allows. This exception is not applicable in the case where suit is to be brought in first instance.

This exception should be supported with proper justification of the delay. Illness, imprisonment of applicant, wrong
proceeding taken by him in good faith, proceeding taken in wrong Court through bona-fide mistake are good instances
of “sufficient cause” within the meaning of this section.

If the prescribed period of limitation has expired, the person desiring the Court to condone the delay u/s 5, must
explain every day of the delay. The extension of time u/s 5 is a matter of concession or indulgence to the applicant and
cannot be claimed by him as a matter of absolute right.

Application of S. 5:

1. Appeal:

2. Revision:

3. Review:

4. Leave to appeal:

5. Any other according to law:

6. Sufficient cause:

7. Satisfaction of Court:

8. Misleading of applicant:
9. Mistake of counsel:

Legal disability u/s 6: Legal disability is inability to sue owing to minority, lunacy, or idiocy. Law recognizes no other
ground as sufficient for extending the period of limitation. Legal disability extends the period of limitation till the
attainment of the legal capacity to sue. Period of limitation commences when legal disability is ceased. Occasional
legal disability is not acceptable as excuse. Interval in legal disability is considered under the limitation period. To get
the benefit of legal disability, continue legal disability must be proved.

1. Definition: s

2. Legally disabled persons: s

a) Minor: s

b) Insane: s

c) Idiot: One who is mentally defective or disordered.

3. Commencement of limitation: After cessation of disability.

4. Legal heirs after death are entitled: s

5. Cessation where hairs are insane: s

6. Continue disability: s

Disability of one of several plaintiffs or applicants u/s 7: Where several persons have right to institute suit and one of
them becomes disable to be represented properly, time shall not run against all. Proceedings shall be delayed during
the course of disability. Where discharge is possible, time shall run continue.

For example, where two brothers institute a suit with same cause of action and subsequently one of them becomes
insane, it is presumed that other one can protect the interest of the brother legally disabled. But if there is clash
between two brothers, time shall not run until disability ceases to exist.

Continuous running of time u/s 9: Where time has begun to run shall not stop upon subsequent disability. Time shall
run continue where once started. Later disability is not taken into consideration.

The rule as to the continuous running of time is one of the fundamental principles of the law of limitation. That rule
says that where once time has begun to run, it runs continuously and without any breaks or interruption until the
entire prescribed period has run out, and no disability or inability to sue occurring subsequently to the commencement
will stop its running.

1. Continue running: s

2. Exceptions: s

a) Letter of administration to debtor: s

b) Defendant is absent: s

c) Plaintiff in good faith: s

d) Where stay for institution of suit: s

e) Notice before institution u/s 80: s

 f) During proceedings to set aside sale: s

g) Administrative law: Time limit for decision is ninety days.

Suit on foreign contracts u/s 11: Suits instituted in Pakistan against the foreign contracts are subject to the law
of Pakistan. Pakistani law is applicable on the suits instituted in Pakistan even they are related to abroad.

Exclusion of time of proceeding bona-fide in Court without jurisdiction u/s 14: Where case is instituted in Court having
no jurisdiction, in good-faith, time spent in litigation shall be excluded from the time prescribed for it.

Requisites of the section: Person claiming the rights under this section must fulfill the following conditions:

1. Other civil proceedings: The proceeding, which he was prosecuting, must have been a civil proceeding.

2. Proceedings against same parties: In the earlier civil proceeding all the defendants in the latter suit should have
been parties.

3. Prosecution against the same relief: The suit in which the plaintiff claims the benefit of this rule must be founded
on the same cause of action as the former civil proceedings.

4. Satisfaction of court: The former civil proceeding must have been prosecuted with due diligence.

5. Prosecution in good faith: In prosecuting the earlier civil proceeding in the wrong Court the plaintiffs must have
acted in good faith.

6. Want of jurisdiction: The incapacity of the Court in which the earlier civil proceeding was instituted must have
been due to (i) want of jurisdiction or (ii) other cause of a like nature.

7. Misleading in computation of limitation:

8. Unawareness of law:

9. Minority:

10. Mistake of fact:

11. Mistake of lawyer’s clerk:

12. Imprisonment:

13. Defective power of attorney:

14. The expression “is unable to entertain” means is unable to go into the merits of the case.

15. The period which the rule permits to be excluded is:

a) The time during which the earlier suit or application was pending or being made.

b) The day on which the suit or application was instituted.

c) The day on which the proceeding terminated, and

d) In period between the decision of the first Court and the disposal of an appeal therefrom, provided the later
was prosecuted in good faith.
Effect of fraud u/s 18: Where a person has obtained possession by means of fraud there period of limitation
commences from the time when such fraud comes within the knowledge of such aggrieved party or deprived person
against whom fraud is committed. Time of mutation becomes immaterial so far as the limitation period is concerned.
It is also punishable offence u/s 420 of Pakistan Penal Code.

1. Limitation ceases: s

2. Commencement upon knowledge: Knowledge of fraud.

3. Upon production of document: s

Effect of acknowledgement in writing u/s 19: Period of limitation commences when cause of action arises, such as
refusal of repayment of debt or commission of other such a type wrong. But where before the expiry of limitation
written acknowledge is made and duly signed admitting the liability, limitation period is supposed to be prolonged.
Thus four ingredients comes out as such:

1. Prior agreement: Agreement must be made before the expiration of the prescribed period of limitation.

2. Admission of liability: It must in terms be a sufficient admission of liability. Where is no admission of liability, there
is no agreement acceptable as extension in limitation.

3. Written: Such agreement must be written. Oral agreement requires sufficient evidence.

4. Signature: Agreement without duly signed is void. It should be duly signed.

1. Fresh time starts:

2. Conditions:

a) Made before expiry of limitation:

b) Must be in writing:

c) Must be signed:

d) Acknowledgement of liability:

e) Regarding property or right:

f) Signed by the defaulter/defendant:

g) Oral evidence of time where signed undated:

Computation of new limitation: A new period of limitation shall be computed from the time of the acknowledgment,
i.e., from the time when it was signed.

Agent of person under disability u/s 21: Where are three plaintiffs one of whom is minor, limitation as against minor
shall stand ceased until he attains age of majority. Time limitation shall run against rest of two major plaintiffs. Where
all plaintiffs are partners in a firm, it is presumed that interest of all is not clashing as to each other being having
common interest in business.

Effect of substituting or adding new plaintiff or defendant u/s 22: When parties either plaintiff or defendant are
added or substituted, it shall be presumed that this effect is made from the date of such addition or substitution.
It is duty of the plaintiff to get joined all the necessary parties. Plaintiff should be vigilant and not the indolent. Order
6 governs the joinder of the parties.

Continuing breaches and wrongs u/s 23: Where is continue breach, limitation runs continuously during such breach.
Case can be brought in Court of law at any time during such breaches.

Where easement has not been acquired and continuously water is drained from the land belonging to other, it is
continuous breach of other’s legal right.

Unauthorized use of copyright belonging to other is also covered under continuous breach.

Where wife has left her husband without any lawful excuse and refusal to come back and exercised his conjugal rights
after his repeated requests is also continuous breach.

Suit for compensation for act not actionable without special damage u/s 24: Where there is not special injury from
the act of others, but violation of legal right is there, limitation starts when such injury results.

A owns the surface of a field. B owns the sub-soil. B digs coal there-out without causing any immediate apparent injury
to the surface, but at last the surface subsides (decline). The period of limitation in the case of a suit by A against B runs
from the time of the subsidence (decline). Where B digs subsoil without effecting the surface of A, no wrong is
committed.

Easement u/s 26: Easement is a right of use of way or air or light continuously twenty years openly and without
interruption. Where this right is violated, suit must be instituted within two years otherwise right to sue shall extinct.

1. Peacefully enjoyment:

2. Without interruption:

a) 20 years on private land:

b) 60 years on government land:

3. Occupation of person:

4. As of right:

5. Without licence:

6. Without rent:

7. As an easement: Not as of owner.

The Criminal Procedure Code
Course Contents:

1. The Criminal Procedure Code, 1898 (Act V of 1898) as amended upto date.

Books Recommended:

1. The Code of Criminal Procedure, 1898 by Muhammad Mahmood-ul-Hassan.

2. The Code of Criminal Procedure with commentary by Muhammad Mazhar Hassan Nizami.

Crime or offence is an illegal act or omission prohibited by and punishable at law; and for which a special procedure is
provided at law to punish the offender.

Mens rea and actus reus are the essential elements which constitute crime. Under the provisions of Constitution any
law which is in conflict to Islam is null & void. No law can be passed which contravene to Islam. Fundamental Rights
are also protected under Constitution. No one can be deprived from his Fundamental Rights of movement.

Arrest: To arrest a person is to deprive him of his liberty by some lawful authority for the purpose of compelling his
appearance to answer a criminal charge, or as a method of execution. Arrest is restrain of movement or liberty.

Offences are classified under law. Some are compound-able & non-compound-able, cognizable & non-cognizable, bail-
able & non-bail-able etc. There are certain exemptions in such classifications. Some are exempt from arrest or
detention.

Cognizable offences: Cognizable offences are those in which police can take action without having warrant from
Magistrate keeping in view of the gravity of the offence committed or likely to commit. Only serious crimes such as
murder or injury or such like offences come under cognizable offences. Schedule 2 of Code of Criminal Procedure
determines whether which offence comes under cognizable. Bail is not granted in cognizable offences. Private person
can also arrest the offender. He may either take offender to Police Station or informs Police Officer regarding his
apprehension.

This section provides powers to police to apprehend the offenders even than offence is not committed but merely it
is designed to commit. Where there is apprehension of the commission of the crimes, police may take action to
prevent the commission of crime. Law does not wait the commission of crime. It is killed before its birth. The only
caution, which the Police Officer has to take, is that he is to be satisfied that the commission of the offence could not
be otherwise prevented. Object of this action is to prevent commission of cognizable offence by arresting person
before hand who intends to commit such an offence. Police Officer arresting such a person must have knowledge that
he had designed to commit a cognizable offence.

The law on preventive detention only authorizes a Police Officer of the requisite rank to arrest a person whom he
reasonably suspects of having done or of doing or of being about to do a prejudicial act. Whether the suspicion is
reasonable or not, is a justice-able question. The arresting officer therefore has to satisfy the Court that he entertained
his suspicion against the detention on reasonable grounds.

A mere apprehension of breach of peace does not entitle Police Officer to arrest a person u/s 151 of Code of Criminal
Procedure. There must be some material before the police that the case was one of emergency and that without
arrest the commission of offence could not be prevented.

Arrest without warrant u/ss 54 & 65: Police can arrest a person without obtaining warrants from the Court under
following circumstances:

1. Cognizable offence:
2. Vagabonds (wanderer):

3. Habitual robber:

4. Preventive detention:

5. Offences committed before Magistrate:

6. Suspect of offence:

7. Injury to public property:

8. Reasonable suspicion of crime:

9. House breaking:

10. Proclaimed offender:

11. Having stolen property:

12. Causing obstruction in police duty:

13. Escaped person:

14. Attempt to escape from lawful custody:

15. Life beyond reasonable sources:

16. Private arrest:

Non-cognizable offences: Offences, which are not cognizable, are non-cognizable. Police requires prior warrant to
apprehend the offender. Private person cannot arrest the offender who is committing the offence. Private person
may inform police authorities about the commission of offence but he himself cannot take actions. In sum, non-
cognizable offences are vice versa of the cognizable offences. Serious crimes do not come under non-cognizable
offences.

U/s 155 of Code of Criminal Procedure it not obligatory for police to register First Information Report in first instance.
However information is recorded in diary kept in Police Station. It is also called Rozenamcha. Information of the
offence committed is referred to concerned Magistrate. Investigation is made after the approval of Magistrate in the
manner prescribed for cognizable offences. However police cannot arrest the offender without having arrest
warrants. Police is liable to make investigations upon the supply of information of the commission of non-cognizable
offence. These investigations may take time in its completion. Police register the case as First Information Report
upon the completion of investigation and found it liable to register. Time consumed in investigation does not effect
the genuineness of the case. Detention of the offender without permission of Magistrate is illegal thus prohibited.
Police is liable to pay cost when acts without jurisdiction.

Bail: An accused person is admitted to bail when he is released from the custody of officers of the law and is entrusted
to the custody of person known as his sureties, who are bound to produce him to answer, at a specified time and
place, the charge against him, and who, in default of so doing, are liable to forfeit such sum as is specified when bail
is granted.

Bails are sureties for the accused, who enter into recognizance for his appearance, he also entering into a similar
recognizance.
Bail therefore means the contract whereby the accused is released to his sureties, and also the sureties themselves. A
contract, whether by a person bailed or by a third party, to indemnify a surety is void as being against public policy
and is a misdemeanor. It is release or handing over of the accused from the custody of law.

Petty offences are subject of bail as the petty ailment allows mixing with others till severity of ailment.

Person who does not care of law and becomes beast requires to behind the bars. His offence does not come under
the bail-able offences. Good place for the animals is cage.

There are certain provisions of law, which provide grounds for the bail against serious crimes, e.g., during the
pendency or revision of case till two years case comes under bail-able offence.

If the accused is not responded till two years in a case punishment of which is ten years, bail can be prayed.

No Court shall grant bail in serious crimes such as death unless there is reasonable ground to grant bail. Offences
punishment of which is life imprisonment are also treated in the same manner.

There are some crimes compound-able (to agree to accept a composition) and some are non compound-able. To
ensure constitutional guarantees no one can be deprived from his vested right in due course of law. No offence should
be committed against body and property. If the offences are committed then state is responsible to compensate by
state created law-enforcing agencies. Police is watchdog of the people. They have to protect people in streets and
roads. They perform their duties in streets, roads, on cycle, on foot but practically crimes are committed under the
garb of law. Where there is police there is crime. If crimes are committed the accused is tried and witnesses are
provided by state. Government also ensures evidence. Victim has not to pay anything. Commission of crime is
negligence of police. Efficient performance reduces the magnitude of offences. If vigilance is observed then amount
of offences can be reduced.

There are certain satisfactions against offences. One of them is punishment or taking law into hands. But the greater
and bigger satisfaction is pardon. Pardon is granted in the particular crimes, which are compound-able. When a person
is killed without lawful justification then a pedigree tree is cut down. No person remains left to carry on family.
Compensation is granted keeping in view of the financial condition of the criminal. Compensation is no fine and
something apart from fine. Compensation is provided if the status of offender is proved.

Petty offences are bail-able. But the crimes, which are committed against the society or groups of persons or state,
they do not bear compound-ability. Government has to run the affairs of state. We see that murder is compound-able
but violation of signal is not compound-able. Since it is against society and government has no right to compound it.
Even fine of Rs. 200/- is imposed but pardon is not granted. Its remittance may cause abundance (plenty, flood) of
crimes.

Small matters should be dealt with mutual understanding of the parties concerned. Forgiveness or pardon is another
source of getting satisfaction. It promotes the factors of responsibility and humanity. If anybody gets furious or wild,
other one should avoid irritating him more. He should sit or take little amount of water. It not only mitigates the
emotion of hate but also promotes the passions of harmony. During the state of love nobody gives divorce to his wife.
Only hate makes it possible. Soft and polite is result of love and affection.

Person who brings his sister to other person cannot claim provocation if she is seen with the person who is alien. There
is exception in rule to adopt little wrong for bigger good thus its commission would not be crime. When children
quarrel, parents do not take care, it but they feel when they quarrel at the age of youth. In the cases where compound-
ability is not allowed party may withdraw her case after reaching the state of compound-ability. Bail-able crimes are
also compound-able but not in every case. Nobody can be deprived from his legal right of liberty until convicted.
Washing of hands can wipe dust but in some cases mere washing becomes insufficient. When a person becomes brutal
then he is kept in different place. Similar dose is required to cool down him.
Bail application/petition can be decided even in the absence of accused at later stage on merits either he is ill. Reliance
is placed on 199 MLD 976, 1981 P. Cr. L. J. 61, and 2000 P. Cr. L. J. 138.

Matters to be considered for grant of bail: Following points are considered:

1. Whether there are reasonable grounds for believing that the accused has committed the offence.

2. Nature and gravity of charge.

3. Severity of punishment in case of conviction.

4. Apprehension of abscondence when released on bail.

5. The Character, the means, and the standing of the accused.

6. Danger of witnesses being tampered with.

7. Opportunity to the petitioner to prepare his defence.

8. The period for which the petitioner has been in jail and when the trial is likely to conclude.

9. Whether the petitioner is named in FIR or his description is given in it.

10. Time taken in the lodging the FIR, whether prompt.

11. Whether the accused is previous convict.

12. Whether reasonable possibility of false implication of the accused/petitioner cannot be ruled out. PLD 1997 Kar.
165 Sajjad Hussain.

13. Every accused is presumed not to be guilty.

14. Process of trial should not to be allowed to be defeated.

15. Possibility of commission of further offence to be safeguarded. PLD 1963 Lah. 279 Iqbal.

16. In cases of offences, punishable with death, imprisonment for life or imprisonment for ten years.

1) Benefit of reasonable doubt.

2) Identity of the accused.

3) Part allegedly played by the accused in the occurrence.

4) His presence at the spot and question of vicarious liability would be considered at bail stage. PLD 1995 SC 34
Tariq Bashir etc.

17. Allegations made in FIR.

18. Statements made in FIR.

19. Other incriminating material against the accused.

20. Plea raised by the accused. PLJ 1997 Shariat Court (AJK) 23, Muhammad Sadiq v. Muhammad Arshad.
21. Statute carrying, lesser punishment to be considered for the purpose of bail when accused is charged under two
different statutes. PLJ 1996 Cr. C. (Pesh.) 1277 Ghani-ur-Rehman.

First Information Report: Government has set up different agencies to comply with constitution. Police is watchdog
of the public. Police patrols in street to street, bazaar to bazaar, road to road etc. Police ensures the right of liberty of
person. They protect them from violence. Protection of life and property is right of people which law enforcing
agencies protect. Every cognizable offence must be reported to police. Areas are divided into small pocket for
effective control over offenders. Law enforcers have to look into matters relating to violence. Police has to maintain
each and every thing. Police is servant. When offence is committed, police must be informed immediately. It is
cognizable by the Police Officer in whose jurisdiction offence is committed. In-charge of police station is termed as
Station Housing Officer. Police Station may either be tent, vessel, or building. It must be notified and identified.

First Information Report is simply information for commission of an offence to move the concerned agency. It is not
essential to give all details regarding the commission of an offence. The term “First Information Report” is construed
as the earliest communication or intimation of crime to the state agency, to set it in motion to undertake investigation.

A third person may make the information or an eyewitness, as the primary object of such information is to move the
machinery in action to undertake inquiry and investigation in the alleged crime. Everything is taken into custody upon
apprehension, e.g., wristwatch, blood stained clothes, weapon of death, papers, and all other necessary articles etc.

Police officials are under statutory obligation to enter the information relating to the commission of a cognizable
offence in the prescribed register. Refusal violates mandatory provision of S. 23 of Police Act. Police Officer should
first register a case and then form an opinion whether the facts stated in First Information Report are true or not. Fate
of accused nominated in First Information Report cannot be solely decided on the allegations made in the First
Information Report. Merely by making allegation against a person with regard to commission of a particular offence
does not make a person accused of that allegation until and unless some evidence connecting the person with alleged
crime is collected by the investigating agency. First Information Report cannot be treated as a substantive piece of
evidence, it is only meant for corroboration or contradiction.

Oral information: Police Officer has to register case where oral information conveyed about commission of offence.
Information received by telephone or telegram is also relevant. Later on informer may be called for putting signature
on First Information Report but as far as recording of the First Information Report is concerned it must be brought on
record. Written information is immaterial.

Where passerby gives information of commission of offence and unknown source reveals the commission of crime,
Police Officer may himself is duty bound to visit the place of occurrence.

Essentials of First Information Report: Following are the essential of First Information Report:

1. Information of cognizable offence.

2. If the information is given verbal, it must be brought on record.

3. If the information is received in writing, it must be entered on register.

4. It must be read out to the complainant for his satisfaction.

5. Recording of First Information Report within shortest possible time. Delay leads to doubt.

6. Use of proper channel, i.e., Police Officer cannot record First Information Report at the residence of victim.

7. It must be signed where it is possible.

8. One copy to maker of First Information Report.

Process of the criminal trial: Following points are important in the criminal trial:---

1. Offence and its gravity.

2. Lodging of FIR.

3. Arrest of accused from certain place.

4. Remand or bail.

5. Statements u/s 161 of Cr. PC.

6. Recovery memos.

7. Injury report.

8. Dockets.

9. Application for MLR.

10. Medico legal Report in case of injuries.

11. Application for PMR.

12. Death report.

13. Post Mortem Report in case of death.

14. Laboratory reports such as Chemical Examiner, Serologist, and Forensic Laboratory.

15. Handing over dead body and its acknowledgement.

16. List of witnesses.

17. List of heirs.

18. Site plant with and without scale.

19. Challan.

Importance of First Information Report: Following points can be described in order to underline the need of First
Information Report:

1. Base of trial: It sets the law into motion to trace out the law breakers.

2. Immediate recording: It immediate lodgment strengthens its trustworthiness.

3. To set criminal law in motion: It set the law into motion.

4. Collection of evidence: It leads to collect evidence against the offence.

5. Public document: It is a public document and every citizen may obtain it.

6. Registration through writ: Where there is refusal by the police, it can be get registered through writ petition.

7. Once recorded cannot be quashed: It cannot be quashed except as procedure defines.

Motive: Fact regarding motive not be fully explained in First Information Report. Its enquiry may cause in the escape
the offender thus on investigation. First Information Report is starting point to put law-enforcing agencies into motion
in criminal proceedings.

Supplement First Information Report: First Information Report cannot be changed when once recorded but it can be
supplemented if the material fact is omitted or later on reveals. It can also be withdrawn at any stage of proceedings
before final judgement. It can be got corrected. Counter First Information Report can be got recorded within the same
Police Station of the jurisdiction. It is not substantive piece of law. Second step cannot be taken without registration
of FIR. Where subsequent step has been taken, i.e., investigation or trial, right of supplement FIR extinguishes.

Recording outside Police Station: Where First Information Report is recorded outside the Police Station, it is
disapproved by the High Court thus it can be got registered within the premises of Police Station.

False information: Police is under obligation to register the case u/s 154 of the Code of Criminal Procedure. Its refusal
leads proceeding under Article 199 of the Constitution in High Court. Session Judge is supposed the chairman of the
human rights in the district. Complaint can also be lodged in the Court of Session. It shall not be out of place to express
that through the introduction of S. 182 of Pakistan Penal Code. The Legislature has placed the check and introduced
the balance by making liable the complainant u/s 182 of Pakistan Penal Code if the information given by him is
ultimately found to be false during the investigation. Investigation whether the information given is true or false is
second step of First Information Report. Whether it is true or false is not base of non-recording of it.

S. 211 of Pakistan Penal Code imposes punitive action against the person who institutes criminal proceedings or makes
a false charge against innocent person to cause him injury. S. 218 of Pakistan Penal Code is also punitive action as
against the person who commits forgery in documents to save wrongful person from punishment.

Who may get registered FIR: Any person either victim, his relative, passerby, neighbour, friend can get First
Information Report registered. Presence of victim is immaterial. It cannot be used against the informer as confession.
Confession before Police Officer is irrelevant unless it is made before competent Court. It is neither comprehensive
document nor minute details can be supplied. It merely spells out the occurrence of incident. Name of accused can be
mentioned if known, but if it is not known, it becomes immaterial. First Information Report should be got recorded
promptly without losing time. Lapse of time causes suspect in the truth of the occurrence. If delay is explainable then
it does not matter, however, immediate report strengthens the case.

Constitution of Complaint Cell: Under the provision of the Code, there is no scope of First Information Report
constitution of any Complaint Cell and the Cell has no competency to encroach upon the powers of the Court. U/s 169
of Code of Criminal Procedure when it appears to Police Officer conducting investigation that there is no sufficient
evidence available to justify the forwarding of the accused in custody to the Magistrate, he may only release him on
executing a bond with or without surety but is no empowered to omit the name of the accused from challan.

Complaint: Complaint is not used in its ordinary words. It is an allegation made orally or writing to a Magistrate, with
a view to his taking action under Code of Criminal Procedure, that some person whether known or unknown, has
committed an offence, but it does not include the report of a Police Officer.

A complaint in a criminal case is what a plaint is in a civil case. It is one of the modes in which a Magistrate can take
cognizance of an offence.

Report to police may be either oral or written. Everybody does not know the art of writing. When offence is committed
and informed to police, police is obliged to:

1. Convert oral statement into writing.

2. Every written statement must be read out before the person who takes it into the notice of police, if he is illiterate.

3. It is signed or thumb impression is affixed.

4. Blank space is not left so that it may not be manipulated.

5. It is prepared in quadruplets and one of each is delivered to individual who informs to police, second one is sent
to Magistrate, third one is sent to Superintendent of Police, and fourth one is kept in Police Station.

Recording of wrong statement itself is offence u/s 182 of Pakistan Penal Code. It may either be partially right or wrong.
Upto the extent of wrong, the person arrested shall be released immediately if the evidence is not produced.

First Information Report does not follow any specific format or wording. It may be written. It is reproduced in official
register. Sometime written statement itself is pasted on official register after making some necessary transactions.

Registration of First Information Report cannot be denied. Denial may put maker into writ petition. Writ is issued for
necessary registration.

In the absence of Station Housing Officer, next to him is delegated powers of Station Housing Officer. But in any case
common police man cannot be delegated the powers of Station Housing Officer. Head Constable is the last person
who may be delegated the powers of Station Housing Officer.

U/s 154 of Code of Criminal Procedure it is obligatory for police to register First Information Report regardless its
genuineness. This section applies on cognizable offenses only.

Investigation u/s 156: Police may make investigation without having permission of Magistrate in cognizable offences.
Action of police is protected u/s 156.

Procedure where cognizable offence is suspected u/s 157: When Police Officer suspects that cognizable offence is
likely to commit or designed for commission, he may with the permission of Magistrate investigate the matter for its
prevention. First Information Report is not recorded in first instance until sufficient proof received by mean of
investigation or report of expert. Preliminary inquiry is made on spot. In order to ascertain the commission of offence,
samples may be sent to expert for laboratory analysis. Further step cannot be taken without permission of Magistrate.

Reports u/s 157 how submitted u/s 158: Every report, which is liable to send to Magistrate, shall be communicated to
him through superior officer of police as government prescribes. Such superior officer may give instructions to the in-
charge of Police Station, as he thinks fit, and transmit the same to the Magistrate, without delay.

Power of police to require the attendance of witnesses u/s 160: Code of Criminal Procedure empowers the Police
Officer to require attendance of witnesses before himself of any person within the limits of his Police Station, who
appears to be acquainted with the circumstances of the case. The order must be in writing. The Police Officer under
this law has not been authorized to require the attendance of an accused person with a view to his answering the
charge. A person who fails to comply with order of the police may be prosecuted for disobedience u/s 174 of Pakistan
Penal Code.

Examination of witnesses by police u/s 161: Statement recorded u/s 161 does not require to sign by the maker of the
statement. Statements recorded u/s 161 are not substantive piece of evidence. These statements cannot be used for
the purpose of corroboration. But accused can use them in order to maintain discrepancies in its recording. According
to the ruling of High Court statement recorded u/s 161 is not evidence, legal, or substantive. It is not even admissible
against its maker nor can furnish a base for trial or conviction. But it can be used for contradicting the statement of a
witness and test the degree of its authenticity and for no other purpose. Such statement cannot be used to
corroborate or explain any part of prosecution evidence. Finding of guilt recorded on the basis of statement cannot
be accepted as correct. Omission of a fact from such statement does not amount to contradiction. Statement of
witness recorded in Court on oath has to be given preference over a statement u/s 161. Police can make
recommendation to release accused, but cancellation of First Information Report is not subject of police.
Where there are two sets of accused in a single First Information Report, they both shall be tried separately. Where
two First Information Reports are got recorded, it is well and good but where there is single First Information Report,
they shall be tried separately.

Power to record statements and confessions u/s 164: There are two types of confession, i.e., judicial confession and
extra judicial confessions.

Judicial confession: Confession recorded in compliance with provisions of Ss. 164 and 364, Code of Criminal Procedure
becomes judicial confession to which law attaches great sanctity being free from duress (coercion) and undue
influence. Judicial confession, which is self-exculpatory, cannot be used against other person. Trial Court also can
record confession which extra judicial confession at any stage.

No person can be convicted solely on only confession. When father kills but son makes confession is not acceptable
under law. There is no pressure in such a situation, but it is untrue. High Court and Supreme Court do not take it into
consideration.

Following formalities have to be observed by the Magistrate before recording judicial confession:

1. When any accused discloses his intention to record a confessional statement, the first act of the Magistrate is to
remove the handcuffs of the accused if he is in handcuff.

2. The police officials present inside the Courtroom are to be immediately turned out from the Courtroom.

3. The Magistrate has to explain to the accused that he is appearing before a Magistrate.

4. That the accused is not bound to make any confession and if he makes any confession it may be used against
him and he may be convicted on its strength.

5. The Magistrate has to ask the accused if police had used any coercive method to obtain a confession from him.

6. The Magistrate is required to give sufficient time to such accused to ponder over the matter.

7. Thereafter the Magistrate has to again ask the accused whether he is still willing to make a confession and on
his reply in the affirmative he may record the confession.

8. Thereafter the Magistrate has to remand the accused to judicial custody if he is in handcuff.

9. Even after recording the confessional statement of the accused the Magistrate is required to record some
prosecution evidence in corroboration of the confession.

10. It is also mandatory that the Court should record a statement of the accused u/s 342 of Code of Criminal
Procedure wherein he may be asked the question whether he had made confession voluntarily or whether he
had made the same under coercion or duress.

11. When the accused had refused to plead guilty at the time of framing the charge and he wants to make a
confession thereafter, conviction should not be based on the sole confessional statement of the accused but
some corroborated prosecution evidence must be recorded.

12. Can be used against maker of it.

13. Can be made in the presence of Magistrate.

14. Reading over to its maker.

15. Certification of Magistrate.

16. Signature.

17. Name, date, and designation.

Confession itself is not defined either in Code of Criminal Procedure, Pakistan Penal Code, and Qanun-e-Shahadat. It
is taken into ordinary legal language. Accused is not handed over to police after he makes confessional statement
according to the provisions of law. Accused is sent to jail. If accused is not sent to jail, all proceedings become null and
void.

Although the law of conviction on confession is there and Courts are at liberty to do so, but on the other hand it is
unanimous decision of superior Courts that no one shall be convicted solely on confession. In certain cases, confession
may be recorded without putting any force or coercion, but the statement passes is not true. Where father commits
murder but his son comes to Magistrate admitting the alleged murder. In such a case, there is not external pressure
on son and all the formalities are fulfilled to record the statement of accused, but the statement recorded is not true,
therefore, conviction solely on confession becomes injustice. Confession requires corroboration from any
independent source before conviction.

In a case of Muhammad Amin v State, a young lady Miss Sughran of six years came to call on her relatives. In a
morning, she went out to play but did not come back till long. During tracing out her, her dead body was found.
Muhammad Amin was alleged accused. He confessed being murderer. Death sentence was given to him. In appeal to
High Court his punishment was upheld. But Supreme Court set aside punishment being without corroboration.

Retraction of confession: Retracted confession, whether judicial or extra judicial, can legally be taken into
consideration against the maker of those confessions and if the confessions are found to be true and voluntary, then
there is no need at all to look for further corroboration, if the Court is satisfied and believes that it was true and
voluntary and was not obtained by torture or coercion or inducement. It is a settled rule of evidence that unless a
retracted confession is corroborated in material particulars it is not prudent to base a conviction in a criminal case on
its strength alone.

A retracted confession is admissible in evidence provided it is determined to have been made voluntarily and freely
and is fully corroborated by authentic evidence as regards factum (an act or deed) of crime and accused’s connection
with the said crime.

As the accused may at any time of trial make confession, may retract at any time before the final judgement. Where a
confession is made before a common man, but he was Magistrate, may be retracted.

Admission and confession: When a person kills a person and admits whether he has committed such offence is
confession. But where he says that I have committed such offence but it was committed in self-defence is not a
confession. Thus confession must be unconditional. Admission does not follow any special procedure as is in the
confession cases.

A proper procedure is provided under law to record confession. It may either be made before Magistrate of competent
jurisdiction or before police where recovery is made upon on his statement.

Although it is not legal, but the word “admission” is used generally in civil cases and confession in criminal cases.

Extra judicial confession: Extra judicial confession is the weakest type of evidence and normally cannot be made basis
for conviction unless coming from unimpeachable source and being corroborated by independent evidence. Great
care is to be taken in placing reliance upon this piece of evidence, which requires the three-fold proof. Firstly, it is
made, secondly, it is voluntarily made, and thirdly it is true.

Where prescribed formalities, which aid in ascertainment of voluntariness of confession are not available in respect
of extra judicial confession, such confession had necessarily not to be given that much of weight which is accorded to
judicial confession. Extra judicial confession is admissible in evidence and if material on record could lead to conclusion
that it had been made voluntarily and is true, its probative value would be the same as that of one recorded u/s 164,
as a matter of caution and prudence, would require special material evidence which connected accused to the crime
apart from such confession.

Quashment of FIR u/s 561 – A: Law gives inherent powers to High Court where express law is not available. Judiciary
should not interfere with the police in matters, which are within their domain and into which the law imposes upon
them the duty of enquiry. Functions of the judiciary and the police are complementary not overlapping and the
combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to
exercise its own function. Functions of the Court begin when a charge is preferred before it and not until then.

However FIR can be quashed by High Court in its writ jurisdiction when its registration appears to be misuse of process
of law. Only High Court can quash FIR at any stage of trial. Where investigations have been completed u/s 173, police
or Magistrate cannot cancel FIR u/s 173(3). Although the word of cancellation has not used, but where report says that
the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or
otherwise as he thinks fit.

Rozenamcha (BÃkËi): It is document in which each and every movement of the police station is entered. If Station
Housing Officer leaves the Police Station, policemen come back from patrol, any information of non-cognizable
offence is entered in Rozenamcha. In fact every movement of policemen is endorsed in this document. Where this
document remains unfilled and during the checking it is discovered, it is taken seriously and the person liable is warned.
Casual treatment with it leads to strict action.

Machlqa (‡¿) is also termed security or personal or bail bond. Person charged is liable to provide it for the grant of
bail.

Whenever cognizable crime is committed, it is put into First Information Report. Public is not required to cater
information to police. People are not required to report each and every incident to police if it is cognizable.
Investigation cannot convict. It is mere source of collection of evidence, which may convict accused, but it is duty of
Court. Police Officer cannot convict accused. He is just required to collect evidences, which are to be produced in
Court. Investigation is conducted at the cost of government. If the case is registered and challan is submitted and
person who made information is not satisfied with the investigation agencies may withdraw. Police may have join
hand with accused. Arrest of innocent person provides ground for the acquittal of the persons actually involved in
crime. Person who is unsatisfied with investigation may put writ petition then prosecution shall be based on petition
and not on challan. Investigation shall be put into gutter. Court cannot take action if the case is not within its
jurisdiction even offence is cognizable. Competency of Court is important while institution of case.

Inquiry, investigation, and trial are all sources of collection of evidence against the crime committed. It may either be
for or against prosecution. It is mere try to reach to truth thus conclusion. It explores the reality of the report
registered in Police Station. Judicial inquiry is another method of inquiry but its copy can neither be demanded nor
provided. Parties are not entitled of copy of investigation. Hamood-ur-Rehman Commission Report is good instance of
inquiry, which is concealed so far from public. As far as investigation is concerned, several agencies such as police, FIA,
crimes branch, intelligence, or FBI may be involved.

Trial is also collection of evidence. Copy of evidence is provided to accused prior seven days from its finality. It also
can be demanded. It helps in defence. Surprise cannot be given to accused.

High Court: It is constitutional Court with inherent powers and authority of jurisdiction. Suo motu is another power of
High Court. It is just an eye on agencies. It is also Court of revision, original jurisdiction, appellate, and record. It is Court
of original jurisdiction in certain cases where high personality is involved. It has power to give each and every sentence.
No limitations are imposed on it except under law. Sentence of Session Court is not executed until High Court confirms
it. U/s 374 of the Code of Criminal Procedure sentence of death is submitted to High Court for its confirmation. High
Court can reverse acquittal. All appeals are made to High Court.
Supreme Court works under constitution. No appeal lie in Supreme Court unless leave is granted by Supreme Court
and mostly leaves are not granted. High Court sometimes acts as Court of original jurisdiction. Judgement of High
Court attains finality if Supreme Court rejects appeal. Supreme Court does not grant leave in normal circumstances
unless question of law is involved. S. 435 grants supervisory powers to High Court and Session Court to call and
examine record from respective lower Courts. It leaves good gesture on the part of judiciary and enhances efficiency
of the judiciary of lower rank.

Original jurisdiction: Highest appellate Court of original jurisdiction. In certain cases High Court has original jurisdiction
where high-class personality is involved, i.e., Bhutto case. Request must be moved for trial to be taken in High Court.

Constitutional jurisdiction: It has five constitutional jurisdictions such as, mandamus, prohibition, habeas corpus, quo
warranto, and certiorari etc.

Power to dispense with personal appearance: Case can be tried in the absence of accused. Justice cannot be delayed
as it denies the justice. Courts have power to exempt any accused to appear personally if sufficient cause is shown in
case. His pleader may appear in his place. This power is provided u/s 116, 205, and 540 – A of the Code of Criminal
Procedure. If the complainant does not appear before Court at the date of hearing, it is assumed that he is no more
interested in litigation and case is dismissed. This rule also has some exceptions. He may be met with an accident. He
may be admitted in hospital.

Superintendence of subordinate Courts: High Court has supervisory and controlling authority to all over the
subordinate Courts.

Use of inherent powers: High Court can grant bail in non-bail-able offences in exercising of inherent power u/s 561 –
A and not u/s 497. Where some relief is due but not available under any procedural law there inherent power of Court
comes into action and provides remedy. Following are the inherent powers:

1. Correction of error:

2. Correction of its own error:

3. Enhancement of punishment:

4. Suspension of sentence:

5. Reduction of sentence:

6. Deletion of remarks:

7. Delivery of compensation amount: Police cannot stop the cheque prepared for the compensation granted to
widow.

8. Decision on subsequent by same Judge:

9. Bail:

Whether bail is right: S. 496 prescribes procedure for bail in bail-able offences. Grant of bail in bail-able offence is a
right while in non-bail-able offences, it is not a right but concession.

Bail in non-bail-able offence u/s 497: Following are the cases under which bail can be granted even they are non-bail-
able offences:

1. Where case of death penalty is pending since two years:

2. Where case of ten years’ imprisonment is pending since two years:

3. Where offender of death is under sixteen years’ of age:

4. Where offender of death is woman:

5. Where offender of death is sick:

6. Where offender of death is infirm:

7. One year’s pendency where offence is not punishable with death:

8. Doubt on non-bail-able offences:

a) Before judgement:

b) After judgement:

Grounds of bail: Following are the circumstances under which Court can grant bail:

1. As a right in bail-able offences:

2. Weaker:

3. Woman:

4. Minor:

5. Infirm:

6. Long proceedings:

7. Petty offences:

8. Bail-able offences:

9. Innocence of accused:

10. Fair trial:

11. Delay in lodging First Information Report:

12. Delay in trial:

13. Diyat cases:

14. Compound-able offences:

Conditions of bail: Following are the conditions on which bail is granted:

1. Bond:

2. Surety:

3. Appearance:

4. Remaining peaceful:
Concurrent sentence: It is punishment, which runs alongwith other punishments. If an offender is awarded
punishment for five years and in other offence he is awarded four years sentence, both sentences shall be end after
five years on the base of concurrence.

Consecutive sentence: It is punishment, which runs after completion of another punishment. If an offender is awarded
five punishments in one offence and two years in another offence, it shall complete upon seven years.

Classes of criminal Courts: There are two classes of criminal Courts under Code of Criminal Procedure namely:

1. Courts of Sessions.

2. Courts of Magistrates.

There are following the classes of Magistrates:

1. Judicial Magistrates:

a) Magistrate of the first class.

b) Magistrate of the second class.

c) Magistrate of the third class.

d) Special judicial Magistrate.

2. Executive Magistrates:

a) District Magistrate.

b) Additional District Magistrate.

c) Sub-Divisional Magistrate.

d) Special Executive Magistrate.

e) Magistrate of the First Class.

f) Magistrate of the Second Class.

g) Magistrate of the Third Class.

This is not the entire hierarchy of the criminal Courts. There are other criminal Courts constituted under different law
applicable in Pakistan such as Drug Courts, Custom Courts, LDA Courts, Army Courts, Banking Courts etc. Code of
Criminal Procedure is applicable in such types of Courts.

Authority of Magistrates: There are certain classes of Magistrates with different powers such as:

Classes of Magistrates Authority

Imprisonment upto three years including
solitary confinement as authorized by law.
Magistrate of First Class
Fine upto rupees fifteen thousand.
Magistrate of First Class with powers of Powers to try all the offences not punishable
Section 30 of Code of Criminal Procedure with death.
 Imprisonment more than seven years.
Imprisonment upto one year including
solitary confinement as authorized by law.
Magistrate of Second Class
Fine upto rupees five thousand.
Imprisonment upto one month.
Magistrate of Third Class
Fine upto rupees fifty.

Where any punishment which does not meet the end of justice shall be transferred to Session Judge for further trial.

Assistant Session Judge: He may pass any sentence. He can pass imprisonment upto seven years. He cannot pass
death penalty.

High Court: High Court may pass any sentence authorized by law.

Arrest: It is a curtailment of freedom of movement. It also means submission to law by words. To arrest a person is to
deprive him of his liberty by some lawful authority, for the purpose of compelling his appearance to answer a criminal
charge, or as a method of execution. Handcuff is no more necessary.

No woman can be kept in Police Station particularly in evening unless where arrangement of lady Police Station is
made.

Where offender runs away, no unnecessary power can be used to stop or arrest him. Reasonable force can be used.
Where infliction of stick is sufficient, fire cannot be used. Territorial jurisdiction of police extends to any corner
of Pakistan when offender escapes and runs away. When offender is apprehended his things of common use such as
wristwatch, money, vehicle etc. are kept under custody so they cannot be damaged.

S. 59 of Code of Criminal Procedure gives powers to private person to arrest any person against whom they have
suspect that he has committed offence, which comes under non-bail-able offences, and is cognizable. He must be
handed over to police as soon as possible or should be transferred to nearest Police Station. Person arrested must be
produced/taken before Magistrate within 24 hours.

Maximum detention: Police cannot keep accused with him beyond twenty-four hours u/s 61. If the retention of
accused is required for more than twenty-four hours, only Magistrate is authorized person to allow such extension u/s
167.

Remand is not granted ordinarily in all cases except where is hardened criminal and there is reasonable belief that
sufficient time is required to reach on conclusion.

Physical remand cannot go beyond fourteen days in any case; thus a policeman can keep the accused with him for
maximum fifteen days including first twenty-four hours. Where police has obtained fourteen days’ remand and
nothing is kept on record, which shows the guilt of accused, more remand neither can be demanded nor it can be
granted. If demanded then can be refused on the grounds of progress of the case.

If a person spends his life beyond his ostensible sources of income can be arrested to verify his income sources.

If a accused commits different crimes in a time only one case shall be registered against him and all his acts shall come
under one crime and not under different crimes.

Every investigation must be completed within reasonable time and due to non-appearance of witnesses it cannot be
allowed to extend unreasonably. Non-appearance of witnesses is liable to pay compensation to accused party because
their delay is extension of the accused behind the bars.
Process: Person who is wanted at law is required to produce before the authority so required. Way to produce person
before such authority is called process.

Issue of process u/s 204: This section authorizes to Magistrate to issue process to an accused, where he takes
cognizance on a private complaint or on a police report or any information or knowledge other than a complaint or
police report. Where a Magistrate does not dismiss the complaint under the preceding section but forms opinion as
to existence of sufficient ground or proceeding, he has to commence proceedings against the accused by compelling
his attendance before the Court.

Unless the Magistrate “takes cognizance” as specified in S. 190, a process cannot be issued under this section. Court
u/s 204 of Code of Criminal Procedure can issue process to the accused, on being satisfied about the existence of
sufficient ground for proceeding against him.

According to the provisions of S. 204 of Code of Criminal Procedure as in vogue (custom, trend, practice) in India,
summons are issued for attendance of the person accused in a summons case, while in a warrant case, Magistrate
may issue a warrant. It is also provided in subsection (2) that no process shall be issued unless a list of prosecution
witnesses is filed. A copy of the complaint shall accompany every summons or warrants. The real purport (meaning,
design, gist) of such provision is to give the accused person at earliest opportunity a fair idea of the allegations and
the persons who are likely to support those allegations. Such like amendment is necessary in the code for public good
and in the interest of justice.

Kinds of processes: Processes are four in number, i.e., summons, warrants, proclamations, and attachments of land.

1. Summons: It is a written order for appearance in Court. It is a most simplest and common way to produce the
person required at law before authority. Court issues such orders under the seal and signature. Summon follows
the date, time, and place of appearance. This notice is served to the person wanted at last known address.
Summons are sent in duplicate one of which is given to required person and second one used as
acknowledgement. It becomes proof of service of summon.

All possible effort or due diligence effort is made to service the notice. Summon contains full particulars of the
wanted person. Summon is served to the person wanted during the time when he is ordinarily available at the
address last known.

In case his non-availability at the address known, summon is served to the male adult member of the family.
Summon is not served to females either mother, wife, daughter, sister, or otherwise.

In the absence of any male adult family member, it is pasted at any conspicuous or prominent place where it can
come into his knowledge so that object of the summons may be fulfilled. If mere its affixation may frustrate of
law, then second page of the summon may be get signed by any neighbour as a proof that notice has been served.
Paste of the summons is the ir-rebut-able presumptions that notice has been served. When summon is reached to
the requisite place, it is presumed that it has been served. Acknowledgement of the actual person is not necessary.
Any person can sign summon on his behalf.

2. Warrants u/s 90: Warrants are of two kinds, i.e., bail-able and non bail-able. It is wisdom of Court to issue warrant
either bail-able or non bail-able. Warrants are issued when service of summon becomes insufficient.

In either case warrants server has to contact accused. In case of bail-able warrants he has to give him opportunity
to obtain bail. In other case he has to arrest the accused. In any circumstances warrants server has to obtain bail
or arrest the accused.

In case where person so required is leaving Pakistan and date of appearance may help him in escape, non bail-able
warrants can be issued. Purpose of warrant may not be defeated in any case. Court which has issued bail-able
warrants may recall her decision in changed circumstances and may issue non bail-able warrants for early
 production of accused. Where escape is apprehended there service of summon may frustrate and defeat the
requirement of law.

S. 90 is important because Court not only may issue summon or warrant but in the same time, in certain cases,
may issue both summon and warrant. Where Court is satisfied that summon shall not serve the purpose or it shall
remain insufficient, Court may issue warrant in lieu of or in addition of summons.

S. 204 of Code of Criminal Procedure is related with issue of process. Court shall decide upon cognizance whether
summon or warrant is to be issued to produce person before Court.

3. Proclamation for person absconding (escape, run away, depart secretly or suddenly) u/s. 87: Where summons
and warrants could not serve the purpose and required person (not accused) remains concealed or avoiding to
appear in Court and Court is satisfied that there is sufficient reason to take necessary steps, may issue written
proclamation requiring him to appear before Court. Following are the requirements of the proclamation:

(1) Failure in compliance of warrant: A warrant should have been legally issued against a person. Where the
warrant issued by a Magistrate is without jurisdiction or does not fulfil the requirements of law, the issuance
of proclamation shall be illegal.

(2) Concealment of absconder: The Court is satisfied and there is reason to believe that absconder is concealing
himself to appear before Court where he is desired. There should be sufficient evidence that required person
(not accused) has failed to comply with the requirement of law. Where warrant fails there proclamation is
issued.

(3) Reading: It must be read out in some conspicuous place of the residence of the required person. It is a place
where he ordinarily resides.

(4) Affixation at home: It can also be affixed at his home place or homestead where he resides ordinarily. Place
where it is affixed should be conspicuous.

(5) Affixation at Courthouse: It is also affixed in a Court where he is required at conspicuous place.

(6) Announcement in mosque: Despite beating of drum, announcement in mosque with permission of Imam is
most effective thing in the locality of the desired person.

(7) Contents of the proclamation: It must state the exact date, time, and place where person has to appear. A
proclamation, which omits to mention the time within which and the place at which the absconder should
present himself to save the sale of his property, is a nullity.

(8) Time limitation: Time limit for appearance in Court is thirty days after the issuance of proclamation.

4. Attachment of property – punishment of disobedience u/s 88: Law permits Court to attach the property
eventually in the non-compliance of the proclamation. This is punishment to the required defaulter. S. 88 permits
Court to attach property of required person either it is moveable or immovable. This action can be taken without
awaiting the completion of time for his appearance. Court may take this action soon after passing the order for
proclamation. As soon as order for proclamation is passed, Court may attach property. S. 87 should be read with
S. 88. Both are correlative. Action u/s 88 can be taken only after the action taking u/s 87. If the action u/s 87 is not
taken, action cannot be taken u/s 88. S. 87 must be invoked before coming to S. 88; otherwise action taken u/s 88
shall become null and void. Attachment of property put greater pressure, which results in appearance in Court.

It should be noted that part of the jointly owner cannot be attached. Any joint claimant may claim from
government upto the extent of his part in attached property within six months. Government shall release his
portion.
 Whatever action government wants to take should be reasonable and also should not be taken hasty (quick,
speedy). When Court issues order u/s 87 can take action u/s 88 without any delay.

If Court has been passed orders u/s 88 and property has been attached and after attachment person wanted dies,
order of the Court comes to an end. Court cannot retain property of the deceased person. Legal heirs may come
to Court to get their claim. This property will devolve to them. Right of inheritance cannot be denied.

The above actions are merely the measures to compel the required person to appear before Court where he is
required. These actions are not objective but subjective. Wanted person can get back his attached property
provided he appears before Court within stipulated time period.

5. Production within 24 hours:

6. Production after fourteen days:

7. By arrest:

8. By jail police:

Manner of attachment: Property either moveable or immovable can be attached in the following manner:

(1) Seizure: His property can be seized physically.

(2) Appointment of receiver: Receiver is a person who receives the rents and profits from the property
attached. Court may appoint receiver to compel the person to appear before Court.

(3) Prohibition of conveyance: Court may prohibit the delivery of property to proclaimed person. Person so
required cannot sell or alienate property before its release from Court.

(4) Collective action: Court may take any former action separately or jointly. It is upto the discretion of the Court
whether single action shall fulfill the purpose.

(5) Possession: Court may order for the taking of possession of the property.

(6) Disposal of perishables: Foodstuff cannot be stored longer. This Court may dispose of the property, which
is perishable in nature immediately.

(7) Sale of livestock: Livestock is sold earlier to avoid certain expenses, which may incur on them. Court cannot
arrange fodder.

(8) Sale of property: Court may sell attached property after six months’ statutory period. Property is released
if the desired person is appeared in Court.

5. Restoration of property u/s 89: If the required person appears before Court voluntarily or apprehended and
produced before Court where it is required and fulfills the requirement of the proclamation, his property kept with
government either full or partly is released to him. Proceedings of sold portion of the property are also released
to him after making necessary deductions incurred for the keeping and sale of property. Intact part of the unsold
property is released (returned, reconvened, given back) alongwith the proceedings of sale of the part of the
property. Time limit for the action u/s 89 is two years.

6. Power to take bond for appearance u/s 91: There is no need to issue summons or warrant to compel person for
appearance before Court if he is already present in Court. Court may require to him to execute a bond as a measure
of security. This bond may be executed with or without sureties. This measure ensures his due appearance in Court
at time of requirement. Presence of the person in Court should not be taken lightly. It depends upon the gravity
 of the offence whether what action Court has to take to ensure his presence. In anyway Court has not to act in
haste.

Production of document or other thing u/s 94: If any document or thing is required to be produced for desirable
investigation can be either summoned or ordered. To issue summons is the discretion of the Court, which is absolute.
Action under this section taken by the Court is called summon whereas action of in-charge of Police Station is called
order. Notable thing is that person from whom documents are to be produced is only person and not accused. If a
person is under treatment in hospital and evidence is required, medical report of medical officer shall be summoned
or ordered.

The Court is empowered to exercise the powers to summons the documents at the instance of the accused even
before he enters on his defence. Word “person” covers accused person also and search warrant can be issued to him.
Indian Supreme Court does not include accused in person.

This is not unlimited power granted to investigation agency. This power is confined upto the extent of necessity or
material requirement. In the absence of sufficient cause, section 94 shall not be applicable. In the case of forged
document, report can be called from handwriting or fingerprints expert.

As far as banking accounts are concerned, neither Court nor in-charge of Police Station can call accounts. Only High
Court and Session Judge are the competent authorities in certain cases to grant permission to produce banking
accounts.

Physical presence of person may or may not be necessary. Merely production of document may serve the purpose of
investigation. Summons or orders include the place and time for the production of documents.

Production of postal documents u/s 95: Where any postal like document is required to facilitate or investigate or try
the case, can be called upon. Documents in demand must be relevant document.

Only competent authorities can demand the documents, i.e., District Magistrate, High Court, Court of Session, District
Superintendent of Police, or any other Magistrate. S. 94 should be read and interpreted along-with S. 95. Postal
authorities are protected under law. If any document, thing, or parcel is in the custody of postal authorities and is
required for inspection of investigation then only competent authority may summon or order to produce such thing
for the purpose specified. The words “document, thing, or parcel” also cover a postal or money order.

These are the modes of compelling the person or department for the production of certain documents required in
proceeding of different cases.

Search warrant u/s 96: Court may also issue search warrant to inspect the documents. When such warrants are issued?
Only when Court comes to conclusion that such documents shall not be produced u/s 94 and 95. Court orders to go
and locate the required documents. Now any Magistrate instead of District Magistrate can enjoy authority according
to new amendment. It is general inspection or search and Court cannot specify the particular house, room, or
document. This provision can be used:

1. Where an inquiry, trial, or proceeding are already going on; and

2. Where the Court after applying its mind objectively, comes to a conclusion that such an intrusion (violation) is
necessary for the purposes of such inquiry, trial, or proceeding, it may order to that direction.

The power to issue search warrant being a drastic one is not to be lightly used and an unjustifiable or arbitrary use of
it may lead to serious consequences causing loss of prestige or business to individuals and firms. Hence searches made
in pursuance of warrants issued u/s 96 cannot be challenged as illegal on the ground of violation of fundamental rights
under the Constitution. Following are circumstances to issue search warrant:

1. Non-compliance of warrant:
2. Where document is not known to Court:

3. For the purpose of trial:

4. For the purpose of inquiry:

5. For the purpose of proceedings:

6. Suspect house:

7. Sale of forged documents:

8. Deposit of forged goods:

9. Manufacturing of forged documents:

10. Manufacturing of false seals:

11. Counterfeiting stamps:

12. Counterfeiting bank notes:

13. Obscene material:

How the search warrants are issued:

1. Magistrate:

2. High Court:

3. Application of mind:

4. Examination of police:

5. Respect of woman:

6. Privacy:

7. Permission:

Exception: There is an exception to this rule. Warrants cannot be issued to search document, parcel or other thing to
Postal or Telegraph authorities. This provision has been omitted by Ordinance XXXVI of 2001.

Power to restrict warrant u/s 97: Court may restrict warrant through certain provision put into the warrant such as,
where warrant is issued to search place, does not mean the warrant to search entire locality. It is specified in the
warrant as to which house is to be searched. Court may also specify the person authorized to make search. Order
under this is issued when Court is sure that any particular house is subject of search. Order in suspect cannot be issued.
Search on the request of Customs Authorities is not covered under this section.

Search of suspected house u/s 98: Where Court comes to conclusion that a particular house or place is used for the
forgery or storage of stolen property such as concealment of stolen property or such property is dumped or naked
pictures are kept like movies, Court may issue warrant to inspect that house.

Only officer above the rank of constable is authorized to inspect the house suspected. Under this section following
are the grounds to order the search:
1. Deposit of stolen property: The place in question is being used for the deposit or sale of stolen property.

2. Deposit or sale or manufacturing of forged documents: The place is used for the deposit or sale or manufacture
of forged documents, false seals or counterfeit stamps including bank notes, currency notes or coins or
instruments or materials for counterfeiting coins stamps, bank notes or currency notes.

3. Deposit of forgery material: Where any material which is used for the commission of forgery of documents, false
seals, counterfeit stamps, bank notes, currency notes, coins, instruments is kept or deposited in any place.

4. Deposit of obscene material: Where place is being used for deposit or sale or manufacturing of obscene material
which is prohibited u/s 292 of Pakistan Penal Code.

5. Non-production of document:

6. Where document is not known to Court:

7. For the purpose of trial:

8. For the purpose of inquiry:

9. For the purpose of proceedings:

10. Sale of forged document:

11. Deposit of forged document:

12. Manufacturing of forged document:

13. Manufacturing of false seals:

14. Counterfeiting of stamps:

15. Counterfeiting of bank notes and coins:

Action of police: Police Officer above the rank of constable can take following actions:

1. Act as specified: He can search the same in manner specified in the warrant. He cannot go beyond whatever has
been provided in warrant.

2. Taking possession: He can take possession of any property, documents, seals, stamps, bank notes, currency notes,
or coins etc. therein found which he reasonably suspects to be stolen or unlawfully obtained.

3. Conveyance of property: He can convey such property, documents, seals etc before a Magistrate or to guard the
same on the spot until the offender is taken before a Magistrate.

4. Production of person before Court: He can take into custody and carry before a Magistrate every person found in
such place who has been privy to the deposit, sale, or manufacture such property.

Guidelines for Magistrates in granting permission to search: Before obtaining search warrant the Magistrate is under
a bounden (strict) duty to apply his mind to allow permission or to refuse it. He should at least examine the Police
Officer making the request and if possible put him questions to satisfy his mind. There should be some semblance
(appearance, exterior) of an inquiry to be made by the Magistrate before permission is accorded to search the house
of an individual, were it to be searched the house to find out if the premises are being used as a brothel house or to
recover stolen property or narcotics or illegal arms.
Whatever the purpose of search is, the Magistrate should always keep in mind that the search conducted should be
strictly in accordance with the provisions of the Code specially when womenfolk reside in the premises. Search always
is visitation on the rights of privacy of the owner or possessor of the house and, therefore, he should be reticent
(silent, keeping quit) in granting permission to search the house in a mechanical manner without application of mind.
Law has conferred powers on the Magistrate and these powers have only to be exercised carefully being very wary
(alert, careful) of the powers of the Police Officer. These may not be exercised to satiate (fill, stuff) personal vendetta
(enmity) or when information is provided by a spy keeping in mind that such information is always motivated by lust
for money, which has been refused, and out of ill-will personal score has to be settled. Where permission to search
was accorded as if the search warrants were for illegal confinement, the same having been issued u/s 100 of Code of
Criminal Procedure. If this was the state of absent mindedness of a Magistrate who has been invested with so many
powers under the Code of Criminal Procedure, the police official definitely will get encouraged to indulge in activities
which are aimed to secure their own motivated desires. Sections 98 and 165 of Code of Criminal Procedure have no
application whatsoever to a search made before any inquiry, investigation, trial, or before recording of First
Information Report.

Entry to the dwelling house without permission: Without getting permission of the occupant or without a search
warrant no stranger including a Police Officer can enter the house of any person. Otherwise if such stranger or Police
Officer is confined in the house or is belabored (criticized, abuse) or injured by the inmates of the house in such
circumstances, they would not be committing any offence being justified in the matter.

Who may make the search: S. 98 specifically provides that a warrant can be issued only to the Police Officer above
the rank of a constable and it is only such officer that can conduct the search. However such a warrant can be endorsed
over to any other Police Officer of the same rank for execution.

Charge of theft: Police Officer investigating into a charge of theft is entitled u/s 165 to search without a warrant, and
such a search will not be illegal.

Power of Magistrate: Articles ceased as a result of the warrant should be brought into Court and a Magistrate who
issues a warrant is entitled to see that his warrant is not abused and has been properly executed. The Magistrate is
competent to amend the warrant dispensing with the production of the goods or document before him. A search
under this section made without a search warrant is illegal.

Disposal of things found in search beyond jurisdiction u/s 99: S. 99 relates to disposal of things found in search at a
place beyond the local limits of the jurisdiction of the Court, which issued the warrant. Things found in such a search
should be taken before the Court alongwith the list unless the place of search is nearer to the Magistrate having
jurisdiction than to such Court, in which case the things so found are taken before the Magistrate immediately enabling
him to make an order to take them to the Court issuing warrant.

Search for persons wrongfully confined u/s 100: Magistrate of the first class or Sub-Divisional class is empowered to
issue search warrant to search for a person whom he believes to be in wrongful confinement. Such person if recovered
to be immediately taken before Magistrate for passing proper order. The enacting part of this section lists a condition
precedent to the effect that before issuing a search warrant, it is necessary for the Magistrate to have sufficient
material before him to make him believe that a person was in confinement and that the circumstances leading to such
confinement constituted as offence. The words, “reasons to believe” have been introduced by the legislature with a
positive object that it was always believed that the Magistrate possessed with reasons to believe, would always
exercise discretion in a judicial fashion. The concluding part of this section lays down that a person if found shall
immediately be taken to a Magistrate who shall make such order as in the circumstances of the case, seem proper.

1. Territorial jurisdiction: A Magistrate can issue a search warrant only under this section when the search is to be
made within the local limit of his jurisdiction. Where the minor for whom the search warrant was issued was living
with grand parents in district A, Magistrate at B issued search warrant, the order of the Magistrate is vitiated
because of lack of territorial jurisdiction.
2. Issuance of search warrant by judicial Magistrate: Proceedings under S. 100 of Code of Criminal Procedure can
be taken only by the Magistrate of first class and not by the Judicial Magistrate whose primary and sole function
is to decide the criminal cases including criminal offences. Issuance of search warrant by Judicial Magistrate would
amount simply to transgress (violate a law or right) his authority.

3. Magistrate not disqualified from taking cognizance: Magistrate recording statement u/s 100 is not disqualified
from taking cognizance of the offence involved.

4. Neglect to execute search warrant: Willful neglect to execute a search warrant issued u/s 100 amounts to
contempt of Court.

Security for keeping the peace on conviction u/s 106: If a person is convicted on offence punishable at law can be
asked to provide bond or security with or without sureties to ensure public tranquility and to avoid disturbance.
Breach of peace cannot be tolerated at any cost. Chapter VIII of both Pakistan Penal Code and Code of Criminal
Procedure are the same on topic.

Ss. 106 and 107 of the Code of Criminal Procedure are counterparts of the same policy. S. 106 applying when by reason
of the conviction of a person, his past conduct leads to an apprehension for the future and S. 107 applying when,
where the Magistrate on information of opinion that unless prevented, a person is likely to act to the detriment of
public peace and public tranquility.

Bond given by a person for keeping peace or to be of good behavior is exempt from payment of Court fee except
bond given by surety. Security is not necessary from both sides. Who commits offence or is likely to commit offence
is liable to provide security of good behaviour.

Security for keeping the peace in other cases u/s 107: Where no offence yet is committed but likely to commit offence,
Court can demand security of good behaviour. Bond is taken to ensure public peace. Disturbance of peace is
disallowed. Law watches the people who commits or likely to commit offence and prevents them in doing such thing
which may cause disturbance. Before offence is committed, preventive measures are taken to avoid ill thing.
Prevention is better than of cure. He may either be arrested & detained or execution of bond is required. The bare
possibility of breach of the peace is not enough to justify proceeding u/s 107 or Code of Criminal Procedure. There
must be at least a reasonable probability of such breach. Action u/s 107 of Code of Criminal Procedure cannot be taken
merely on the ground that a person has cast a slur (insult) on the character and activity of another person and has
been carrying on a campaign of vilification (defamation) against him.

Security is merely satisfaction of Magistrate of the particular locality. Security is not demanded from both side but
from the side from where offence is likely to commit. Person who is innocent is free to prove his future conduct non-
destructive. Government institution like WAPDA, WASA, or LDA etc. cannot execute security. Disturbance in
connection with Land Acquisition Act is not covered under this section. Only person on wrong side is liable and not
who abide by the law requirements.

Security for good behaviour from persons disseminating (broadcast, propagate, distribute) seditious matter u/s
108: U/s 108 proceedings can be taken against a person who commits or is about to commit an offence punishable u/s
123-A or u/s 124-A or in the matter of publication, u/s 153-A Pakistan Penal Code or criminal intimidation or defamation
of a Judge. The object of enabling the Magistrate to take security for good behaviour is for the prevention and not
for the punishment of offences. Any person who either orally or in writing or in any other manner intentionally
disseminate (broadcast or spread) or attempts to disseminate or in any wise abets the dissemination of any seditious
matter falling within the ambit of section given above or is accused of criminal intimidation or defamation of a Judge,
the Magistrate on being satisfied and having formed his opinion that there are sufficient ground, requiring such
person to show cause as to why he should not be ordered to execute a bond with or without sureties for his good
behaviour for one year may proceed under this section.

Security for good behaviour from vagrants (wandering) and suspected persons u/s 109: The second class in which
security for good behaviour can be demanded is that of suspects, i.e., person taking precautions with a view to
committing an offence or person who has no ostensible means of subsistence or who cannot give a satisfactory
account of himself. It is the anticipatory jurisdiction, which the Magistrate exercises under this section. It must be
shown that the person proceeded against had taken some active steps to conceal his presence in a certain place or
done something to show that he did not wish to be known that he was present at the place and that such steps are
taken with a view to commit a cognizable offence. Mere concealment would not amount to concealment of presence
within the meaning of this section, unless it is to commit a cognizable offence.

Report of investigation by subordinate Police Officer u/s 168: This section provides that when any subordinate Police
Officer to whom the case was assigned has made any investigation, he shall report the result of such investigation to
the officer in-charge of the Police Station. Such reports are not public documents and consequently an accused
person is not entitled, before trial, to have copies of such reports.

Release of accused when evidence is deficient u/s 169: If during investigation it reveals to In-charge of Police Station
or investigating officer that there is no sufficient ground or evidence to charge accused, police may release the
accused on the execution of bond with or without sureties.

This section empowers the officer in-charge Police Station or the Investigating Officer to release an accused in his
custody on executing bond with or without sureties if he finds no sufficient evidence or reasonable ground or
suspicion to justify forwarding challan.

The idea underlying the provisions of S. 169 of Code of Criminal Procedure is that in case of insufficiency of evidence
the police, i.e., the Station Housing Officer or the Investigating Officer, may release a person for the time being and
a bail bond is taken for the reason that an accused may appear before the Magistrate whenever required particularly
at the time when a report u/s 173 of Code of Criminal Procedure (challan) is submitted before a Magistrate competent
to take cognizance.

S. 169 postulates (assume, suppose, presume) that during the course of investigation if it transpires (happen, take
place, arise) to the in-charge of Police Station that the evidence collected was deficient, the in-charge officer could
release the accused.

Report of Police Officer u/s 173: This section enjoins (commands, directs, orders) that every investigation shall be
completed without unnecessary delay and as soon as completed, the officer in-charge of the Police Station shall
forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form
prescribed setting forth the name of the parties, the nature of the information and the names of the persons who
appear to be acquainted with the circumstances of the case and stating whether the accused, if arrested, has been
forwarded in custody or has been released on his own bond.

The final report under this section is to be sent in the form prescribed by the State Government. Where the accused
is sent up for trial, the form of the report sometimes is called the charge sheet. The report sent when the accused is
not set up is called the “final report” or “referred charge sheet”.

Interim report: In case investigation is not completed within 14 days from the date of recording of First Information
Report, officer in-charge of Police Station is mandatory required to submit in interim challan within 3 days of
expiration of such period of 14 days.

Incomplete challan: If the investigation is incomplete and an interim report is submitted, the trial Court shall
commence the trial on the basis of such interim report, unless, for reason to be recorded, the Court decide that the
trial should not so commence. It means that under law it is permissible for the Court to commence trial on the basis
of the material placed before it in shape of an interim report or to keep the report pending till the submission of final
report about the investigation.

Delay: Although an accused is not to be benefited of lapse for good reason, but delay beyond 14 days amounts
violation of the specific provision, resulting subsequent detention unlawful and violative of Articles 9 and 10 of the
Constitution of Pakistan entitling the accused to be released on bail.
Submission of final report: Submission of final report by the Investigation Officer is mandatory. It is only after
submission of report u/s 173 that Magistrate can order cancellation of a case or refuse to do so, as he thinks fit. Failure
by Investigating Officer to submit final report u/s 173 would amount to misconduct liable to action under law.
Whatever course Investigating Officer adopts, i.e., whether he acts u/s 169 or u/s 170 of Code of Criminal Procedure,
it is incumbent upon (responsible to perform duty) him to submit a “final report” u/s 173 of Code of Criminal Procedure
with regard to result of his investigation to a competent Magistrate.

Procedure when investigation cannot be completed in twenty-four hours u/s 167: Wrong confinement without any
remand, order, and without registration of any case by Law Enforcing Agency for the police is unwarranted by law,
and abuse of the process of Court. Action taking by police after taking the custody in arresting the alleged accused
persons afresh and thereafter lodging fresh reports against them on hearsay evidence is noting but a colorful exercise
of power an retaining their custody amounting of their wrongful confinement under a legal cover specifically when
the various reports lodged against the alleged accused persons by the Police Officers appeared to be a managed
affair under a preplanned scheme.

Diary of proceedings in investigation u/s 172: Law had made a mandatory provision for an investigation officer to
enter day to day proceedings of the investigation in a special diary. Setting forth the time at which the information
reached him the time at which he began and closed his investigation the place or places visited by him, and a
statement of the circumstances ascertained through his investigation. Such special diary may be used at the trial or
inquiry not as evidence in the case but to aid the Court in such inquiry or trial.

Object of maintaining diary: The object of recording “case diaries” under this law is to enable Courts to check the
method of investigation by the police. Diary kept under this section cannot be used evidence of any date, fact of
statements contained therein but it can be used for the purpose of assisting the Court in the enquiry or trial by
enabling it to discover means for further elucidation (explanation, clarification) of points which need clearing up
before justice can be done.

Refresh of memory: Object of S. 172 or Code of Criminal Procedure is to enable Court to direct Police Officer who is
giving his evidence to refresh his memory from notes made by him in the course of his investigation of case or to
question him as to contradiction which may appear between statements so recorded an evidence he was giving in
Court. Court may also use diary in course of trial for purpose of clearing up obscurities (unclearness) in evidence or
brining out relevant facts which Court thought are material in interest of fair trial.

Police to inquire on suicide, etc. u/s 174: Ss. 174 to 176 of Code of Criminal Procedure deals with inquests or inquiries
into sudden violent or unnatural death. S. 174 relates to inquire and report on suicide, etc. In such cases the officer in-
charge of the Police Station or some other Police Officer specially empowered by the Provincial Government, on
receive of information that a person:

1. Has committed suicide, or

2. Has been killed by another, or by an animal, or by machinery, or by an accident, or

3. Has died under circumstances raising a reasonable suspicion that some other person has committed an
offence,

is required to immediately give intimation thereof to the nearest Magistrate empowered to hold inquests, and, unless
otherwise directed by any rule prescribed by the Provincial Government shall proceed to the place where the body of
such deceased person is, and make an investigation, and draw up a report of the apparent cause of death, describing
such wounds, fractures, bruises, and other marks of injury as may be found to the body, and stating in what manner,
or by what weapon or instrument, if any, such marks appear to have been inflicted.

Inquiry officer: Only the Magistrate of first class is empowered to hold such inquests (judicial inquiry, examination, or
investigative research). The word “inquest” has not been defined in Code of Criminal Procedure. It carries particular
significance when a Magistrate conducts the same.
Object of inquest report: Inquest report does only object to ascertain the reasons or cause of death. This is a type of
inquiry. This section does not empower anybody to inquire about the alleged person who has killed the person.
Inquest is a merely inquiry to find the cause of death.

Power to summon person u/s 175: This section empowers the Police Officer so authorized to hold inquiry u/s 174 to
summon the two or more witnesses to ascertain the causes of death. The persons so called should be acquainted to
the person died or the circumstances in which the death is caused. They are required to answer all the questions put
to them truly. They are not bound by law to answer the questions, which tend to expose them a criminal charge or to
penalty or forfeiture.

Where it reveals that the offence so committed was non-cognizable, police shall not be required to produce such
witnesses before the Magistrate.

It is indicative that person examined at an inquest is bound to answer truly all questions other than excepted, whereas
S. 161 imposes no such obligation to speak the truth. As such a witness speaking falsely under this section commits
the offence of intentionally giving false evidence punishable u/s 193 of the Pakistan Penal Code.

Inquiry by Magistrate into cause of death u/s 176: If a person is taken into custody then he is bound to be dealt with
strictly accordion to law and is to be punished only when the case is proved against him. Any person does not allow
killing of such person while he is in custody and if this is done then it clearly shows that there is no writ of law but law
of jungle.

Object of inquiry: Object of inquiry u/s 176 of Code of Criminal Procedure is to check the inquiry being held by the
police or allay doubts in the mind of public against a particular individual.

Exhumation of dead body: Magistrate may order to disinter (unearth, expose) the dead body for fresh postmortem.
Magistrate acts judiciously.

Time limit for exhumation: District Magistrate is empowered to order disinter dead body for holding inquiry even
deceased buried after postmortem examination. No time limit for disinterment is provided, which can be allowed in
the interest of justice to ascertain cause of death even after one year.

Ordinary place of inquiry and trial u/s 177: This section lays down general rule regarding the jurisdiction for the
competency of a forum to take cognizance of an offence. It provides that every offence is ordinarily to be inquired
into and tried by a Court within the local limits of whose jurisdiction it is committed. If an offence is committed in a
district, it shall be inquired into and tried by the Court of the same district. Magistrate has no power to try an accused
for an offence committed wholly outside the limits of his territorial jurisdiction. Session Judge of the district in whose
local limits offence is committed is invested powers to try the case.

There are certain exceptions to the rule that case shall be inquired into and tried by the local limits of the Court in
whose jurisdiction offence is committed. They are described as under:

1. Power to order cases to be tried in different sessions divisions u/s 178: As far as general principle is concerned it
the same as described earlier that original jurisdiction shall lie to the Court in whose local limit offence is
committed. But Provincial Government has power to change the area, spot, or space of trial of the case keeping
in view of the interest of justice. This power is subject to the control of High Court. Law gives this power to
Provincial Government to avoid any law and order situation. This power ensures the public tranquility (peace,
quite, calm).

2. Accused try-able in district, where act is done or where consequence ensues u/s 179: This is second exception to
general rule of jurisdiction of Court. If the act is done at one place and its consequences are occurred at another
place, both Courts have jurisdiction to inquire and try the offender.
 For instance, A has injured B in Lahore. Subsequently B goes to Faisalabad and dies there. Since the B was caused
to inflict injury in Lahore and he died at Faisalabad which was the direct cause of the injury caused by A, the Courts
of both districts, i.e., Lahore and Faisalabad have jurisdiction to inquire or try the offender either
in Lahore or Faisalabad. Direct consequences means that where person injured becomes unable to carry on his
routine normal life. Where B recovers, then only Court of Lahore shall get the jurisdiction to inquire and try the
offender. It is further explained in another instance.

For example, A causes injury to B in Lahore. Later on B goes to Faisalabad and lives there for ten days where he
remains unable to carry on his routine normal life and later on he goes to Rawalpindi and still remains unable for
the same as in Faisalabad. All the Courts either in Lahore, Faisalabad, or Rawalpindi get jurisdiction to inquire and
try the offender. If B recovers at Rawalpindi and carries on his routine normal life there, then only Courts of Lahore
and Faisalabad get the jurisdiction excluding the Court of Rawalpindi. Normally the Court where the wrongful act
is done gets the jurisdiction.

It is further explained in another illustration. For instance, A puts B into fear in Lahore. B subsequently goes
to Faisalabad. Property of B is taken away in Faisalabad under direct consequences of threat of A in Lahore. A can
be tried either at Lahore or Faisalabad. Since the delivery of property is direct consequence therefore the Court
at Faisalabad has also jurisdiction to try offender as the Court of Lahore has jurisdiction.

3. Place of trial where act is offence by reason of relation to other offence u/s 180: If the criminal act is committed
in relation to other act which itself is offence can be inquired into or tried by a Court either where first it was
initiated or where it is committed.

For instance, A abets B in Lahore, under consequences of which B kills C at Faisalabad. B can either be inquired into
or tried by the Court of Lahore where the abetment was committed or Faisalabad, which is the place of occurrence
of the actual crime.

In another example, A commits theft at Lahore and sells stolen property at Faisalabad. A can be inquired into or
tried either by the Court within whose jurisdiction property was stolen or the Court within whose jurisdiction
property is received, sold, or retained.

4. Being a thug or belonging to a gang of dacoits, escape from custody, criminal misappropriation, criminal breach
of trust, theft, kidnapping, and abduction etc. u/s 181: Any person liable of the above offences is try-able at the
place where he is found even he has started the offence at different place.

For instance, A purchases busses on installments but later on he refuses to pay remaining installments is liable of
the offence of criminal misappropriation. He can either be tried at the place from where he bought the busses or
where he is at present.

In case of theft, offender can be tried either at the place whereto offence of theft was committed or where the
stolen property is received.

Kidnapping or abduction has also same treatments as the previous cases have.

5. Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is
continuing or consists of several acts u/s 182: Where it is uncertain that is to where offence was started, where
offence is committed partly in different areas, where offence is continuance, where acts are different in different
areas, can be tried at any place where offender is found. Reference can also be made to High Court for determining
the place of jurisdiction.

6. Offence committed on a journey u/s 183: Where within the territory of Pakistan any offence is committed during
journey either at bus, train, plane, ship, can be tried at any district within whose jurisdiction offence is committed.
7. High Court to decide, in case of doubt, district where inquiry or trial shall take place u/s 185: Where there is doubt
regarding the jurisdiction of Court, reference shall be made to High Court for its determination. High Court is final
authority to decide the case. Where case is related to another High Court, the matter shall be brought into the
notice of other High Court that case has been registered and being tried.

8. Liability for offences committed outside Pakistan u/s 188: Where any Pakistani or servant of Pakistan either
Pakistani or not commits offence in Pakistan or outside Pakistan, at ship or aircraft registered in Pakistan and
bearing Pakistani flag, shall be tried in Pakistan.

Cognizance of offences by Magistrates u/s 190: The expression “taking cognizance of offence” in its broad and literal
sense means taking notice of an offence. It would include intention of initiating judicial proceedings against offender
in respect of that offence or taking steps, whether there is any basis for initiating judicial proceedings or for other
purposes. It is conscious application of mind by the Court to facts stated in report by police, which amounts to taking
cognizance of offence.

Competency to take cognizance requires both that the Magistrate should be one of those mentioned in this section
and should also be competent to inquire into or try the offence u/s 177. Magistrate not taking cognizance in the first
instances no bar against cognizance taken subsequent to his previous refusal. Where police had not submitted an
complete/incomplete challan for many months without a reasonable cause, and the Magistrate had been remanding
the accused at the police request in a mechanical manner, neither cognizance of the case u/s 190(1)(b) of Code of
Criminal Procedure, taken by the Magistrate nor he could legally remand the case the accused to custody u/s 344(1)
of Code of Criminal Procedure. If a Magistrate not empowered by law takes cognizance of an offence under subsection
(1), clause (a) or (b), erroneously but in good faith, his proceedings shall not be set aside merely on the ground of his
not being so empowered. But if said Magistrate takes cognizance of an offence under clause (c) without a complaint,
his proceedings shall be void u/s 530(k) of Code of Criminal Procedure infra (behind, afterward, following, next).

Transfer of case upon application of accused u/s 191: This section applies where Magistrate takes cognizance at his
own motion. This also provides that if a Magistrate takes cognizance of an offence upon his own information or
suspect, and if, before evidence is taken, the accused objects to being tried by such Magistrate, he may send the case
to the Sessions Judge for transfer to another Magistrate. The provision is based on a well-known maxim that no person
can be a Judge of his own cause.

This section is meant to repel (oppose, resist) impression with the accused person that he was being tried by a
Magistrate or Court who had already made up his mind against him and summoned him to face the trial by holding
that a prima facie case was made out against him. A Court, which takes cognizance of a non-cognizable offence suo
motu, is under a legal obligation to offer the accused a choice of trial before another Court is required u/s 191 of Code
of Criminal Procedure. The accused must be informed, before any evidence is taken, that he is entitled to have his case
tried by another Court. If he objects to being tried by the Magistrate who has taken cognizance of the case, the case
must be transferred to another Magistrate or be committed to the Sessions. But the accused is not entitled to claim
that a particular Court must try his claim.

Transfer of cases u/s 192: This section provides that Sessions Judge may empower any Judicial Magistrate who has
taken cognizance of any case to transfer such case for trial to any other Judicial Magistrate in his District, and such
Magistrate may dispose of the case accordingly.

Cognizance of offences by Courts of Session u/s 193: This section imposes an embargo upon a Court of Session to take
cognizance of any offence unless accused had been sent to said Court of Session by a Magistrate duly empowered in
that behalf.

Enquiry report conducted by Magistrate is not binding on the Sessions Judge and Sessions Judge could take any view
as could be deemed fit and proper in accordance with law.

Prosecution of offences against state u/s 196: Following is the procedure to prosecute the offences against state:
1. Permission of government:

2. No permission in certain offences:

3. Sanction must set out facts:

4. Sanction must be signed on behalf of government:

5. Proof of sanction:

6. Magistrate can take cognizance: In following cases sanction of the government is not required to proceed the
case:

a) Upon receiving a complaint:

b) Upon police report:

c) Upon information recorded from his own knowledge:

Examination of private complaint u/s 200: There are two parallel systems to bring the offender before Court, i.e., First
Information Report and private complaint. U/s 154 police is legally bound to register First Information Report on
complaint. But in the cases where police is reluctant or hesitates to register First Information Report, aggrieved party
may go to Court to file private complaint before Magistrate u/s 200. Contents of private complaint made before
Magistrate have not weight less than First Information Report. There are so many examples according to which people
are even hanged upon private complaints where police had refused to register First Information Report.

It is mandatory requirements of law, that complainant should be examined on very date complaint is presented to the
Magistrate and he takes cognizance of matter. Putting off examination of complaint is violative of the provisions. The
object is to protect the public against false, frivolous or vexatious, complaints filed in criminal Courts. Magistrates
ought not to lightly accept written complaints and proceed to issue processes unless they have thoroughly sifted
(strain, screen, filter, grade) the allegations made against the accused and are satisfied that a prima facie case has
been made out against those who are accused of criminal offences.

Oath: Magistrate is bound to reduce the complaint into writing if it is oral or even than it is in writing. Oath is taken
even complaint is made in writing.

Signature: Signature of the complainant is taken when complaint is reduced to writing. Also Magistrate has to sign it.

Action: Action is taken on complaint on the same day and Magistrate cannot keep pending the complaint due to and
reason.

Non-examination of complaint: Where Sessions Judge has empowered Judicial Magistrate to transfer the case and
complaint is made to him, it is not necessary for him to examine the complaint before its transfer to other Magistrate.

Where complaint is made by a Court or public servant acting or purporting to act in the discharge of his official duty is
also not liable to examine.

Magistrate shall not examine the complaint where the transferring authority has also been examined the complaint.
Reexamining has been prohibited u/s 200(c).

Procedure on complaint cases u/ss 200 to 201:

1. Cognizance of competent Magistrate: s

2. Examination of complaint at once: s

3. Examination on oath: s

4. Recording on paper: s

5. Signature of complainant: s

6. Signature of Magistrate: s

7. Transfer where written without examination: s

8. No re-examination where already examined: s

9. Refer to other Magistrate where complaint is oral and he is incompetent: Where complaint is made orally to the
Magistrate having no power to take cognizance, he shall direct the aggrieved party to the proper Court.

10. Refer to other Magistrate with endorsement where written: Magistrate having no competency of cognizance
shall return the written complaint to its maker for the presentation into proper Court with endorsement.

Procedure by Magistrate not competent to take cognizance of the case u/s 201: If the complaint is made either in
writing or oral to Magistrate, who is not competent to take its cognizance, he may take two steps as follows:

Postponement of issue of process u/s 202: Where complaint is made or transferred and such Court wants to ascertain
its truth or falsehood may postpone to issue process and may require to inquire before issuing process. This may be
made either judicially or by police.

Where a Court makes the complaint and oath has been taken, issue of process shall not be postponed.

Dismissal of complaint u/s 203: Where there is no prima facie offence found under complaint after making inquiry,
Magistrate may dismiss the complaint after recording of reasons for so doing.

This dismissal is neither adjudication nor acquittal but merely dismissal in limine. It is satisfaction of Magistrate.
Principle of res judicata does not apply in this dismissal. Whenever new facts are discovered, new complaint can be
filed or First Information Report can be got registered.

Where First Information Report is got registered against four accused and police declares two of them innocent in
inquiry, complaint can also be made against them keeping in view of collusion on the part of police with such persons.
First Information Report and private complaint can go together.

Where both First Information Report and private complaints are made together, first preference for discharge has to
be given to complaint rather than First Information Report. Decision on complaint should come first and then First
Information Report has to be treated. Complaint is not taken in light manner. It is so strong as the First Information
Report is. It has parallel footing.

Magistrate may dispense with personal attendance of accused u/s 205: There are certain cases in which accused may
not appear personally for inquiry or trial. Law gives authority to Magistrate for the granting exemption to person from
personal appearance before Court. Magistrate has to see and get satisfaction before granting such exemption that
whether there are sufficient reasons such as old age, young offender, serious ailment, or pardanasheen lady etc. In
such case council of the accused or pleader may appear in his place.

This exemption is available only in the case where summons is issued. Where warrants are issued, this dispensation
from personal appearance is not available.

High Court while exercising original jurisdiction has power u/s 205 of Code of Criminal Procedure to dispense with
personal attendance of a lady accused and allow her Advocate to represent her. Powers meant for Magistrate must
be deemed to be available to High Court.
Power to dispense personal appearance is also available under sections 353 and 540 – A alongwith 205 of the Code of
Criminal Procedure.

Evidence to be taken in presence of accused u/s 353: Under this section evidence is recorded in the presence of
accused unless his personal appearance has been dispensed with under the law. If accused has been exempted from
personal appearance then evidence shall be recorded in the presence of pleader or advocate.

Provision for inquiries and trial being held in the absence of accused in certain cases u/s 540 – A: The incapability of
appearance may not necessarily be because of either sickness or other such like reasons. The ordinary meaning of
incapability is that a person is not capable to do a thing for any reason. A person being employed in foreign country
may not be able to appear on each and every date of proceeding and if the Court is satisfied on objective consideration,
such a person may be exempted from appearance under this section. Court has not to shut off her eyes before
granting such exemption.

Framing of charge: Where attendance of accused is dispensed with u/s 540 – A, the charge can be framed in his
absence.

Charge to the state offence u/s 221: Where the offence has been committed and offender has been apprehended, it
is duty of the prosecution to inform or intimate the offender under which offence he has been arrested. Framing of
charge is intimation or notice to the accused for which he is required at law.

Specific name of offence: Simple information to offender is insufficient. Detailed and comprehensive description is
necessary such as time and place of offence etc. or whether it was qatal-i-amd or otherwise.

How stated where offence has not specific name: Where the offence committed has not specific name, detailed
description of the offence should be provided so that accused may know the exact nature of the offence for which he
is charged. Where registration number is not allocated to car, description of car such as colour, model, name shall
provide sufficient information for accused to know the nature of offence. It should not be so elaborative but concise
form of information and comprehensive for the knowledge of accused.

Language of charge: Normally charge is framed in English but it can be in Urdu, which is also language of the Court.

Particulars as to time, place, and person u/s 222: Where the accused charged by the criminal breach of trust or
dishonest misappropriation of money under sections 403 to 409 of Pakistan Penal Code, each offence is separate
offence but total separate amount is not necessary to provide. Total sum of amount, which has been misappropriated,
is sufficient.

The provision of this section applies only to offences of criminal breach of trust or dishonest misappropriation of
money and does not apply to falsification of accounts. An accused is entitled to know with certainty and accuracy the
exact nature of the charge brought against him. Unless he has this knowledge he must be seriously prejudiced in his
defence. When the accused is charged with criminal breach of trust or dishonest misappropriation of money, the
particular items or exact dates on which the offence was committed needs not be stated. It is not necessary to specify
the separate sums which have been embezzled (misappropriate, steal). It is sufficient that sum of the money
mentioned in the charges has been misappropriated, even though it may be uncertain what is the exact amount so
misappropriated.

S. 222 contains mandatory provision of law that charge shall contain all material particulars as to time, place as well as
specific name of the alleged offence, the manner in which the offence is committed and the particulars of the accused
so as to afford the accused an opportunity to explain the matter with which he is charged. Court frames the charge
to whom case is assigned.

When manner of committing offence must be stated u/s 223: While framing charge it is essential that manner of
committing offence must be stated. When the nature of the case is such a that the particulars mentioned u/ss 22 and
222 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such
particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

When the particulars, mentioned in sections 221 and 222 do not give the accused sufficient notice of the matter which
he is charged, the Magistrate must give in the charge such particulars of the manner in which the alleged offence was
committed, as will be sufficient for that purpose.

Where in a case of cheating the charge u/s 420 of Pakistan Penal Code is not indicative of the manner of deception
practiced by the accused person, the charge is defective.

In the case of distinct offences not being acts in the same transaction, committed at different places, a separate
charge/trial should be held. However, such illegality amounts to irregularity and is curable where accused and
sufficient knowledge that they were facing trial for three murders.

Words in charge taken in sense of law under which offence is punishable u/s 224: Words, which are used to describe
the offence, are deemed to be used in the sense of law prescribed.

Effects of errors u/s 225: There may be chance of error in charge. If the error causes misled to offender, Court shall
regard it. But where error does not mislead the accused, Court shall disregard it.

This section intends to prevent any failure of justice for non-compliance with the matter required to be stated in the
charge. The crux of the section is that omission or such error committed while framing charge would not vitiate the
trial unless the accused is in fact and it has occasioned a failure of justice.

Errors or omissions committed in stating either offence or particulars required to be stated in charge are not materiel
unless accused is in fact misled by them and failure of justice is occasioned.

This section must be read with S. 537. The combined reading of these provisions requires that when any error,
omission, or irregularity has occurred in the framing of charge, the only question to consider is whether it has
occasioned a failure of justice by prejudicing the accused in his defence.

Court may alter charge u/s 227: This section applies to all Courts and is intended to apply to alterations or additions to
the charge during the course of the trial. Once charge is framed, it can only be altered after some material is available
on record to justify that charge should have been framed for some other major offence and only then charge can be
amended without recording evidence. Any alteration is subject to the information to accused.

The Court has power to add to a charge. The word “alter” includes withdrawal by a Sessions Judge of a charge added
by him to the charge on which the commitment has been made. Such alteration or addition shall be made before the
pronouncement of judgement and not later on.

The Court may alter or add to the charge at any time before judgement is pronounced or the verdict of the jury is
returned. But it must exercise a sound and wise discretion in so doing. If it wishes to strike out any of the charges it
should do so before concluding the trial, and should give the accused an opportunity of making such defence as he
thinks fit, otherwise the trial is vitiated.

Separate charges for distinct offences u/s 233: Where there are distinct offences even committed by either single or
group of accused shall be charged separately. Each offence has its separate status. All offences must be committed
during sole transaction. There should not be break in its commission. The framing of a specific and distinct charge in
respect of every distinct head of criminal liability constituting an offence, is the foundation for a conviction and
sentence therefor. This provision of law is mandatory.

Three offences of same kind within one year may be charged together u/s 234: Under law three murders committed
within a span of one year constitute a single offence thus may be tried as single offence. Any other offence of same
nature committed by the same accused within one year shall be tried as single offence. Punishment of the all three
offences charged should be similar. Where there is different punishments, they shall be framed and tried separately.
A reading of S. 234 of Code of Criminal Procedure shows that combination of only three offences is permissible in one
trial. Nevertheless, it does not bar separate trial of the accused for rest for the offences having been committed within
a period of one year. The object of these provisions is to avoid harassment and complication likely to occur in evidence
by joining large number of facts constituting offences of identical nature.

Provision of one trial is not mandatory. Keeping in view of the convenience of police, accused itself, and Police Station,
all offences may be charged and tried separately. Though provision of single trial is there but this provision is not
mandatory and they can be tried separately. Compliance of this section is not desirable. It should not be followed.
Amalgamation creates great inconvenience. Although it is permissible and there is no illegality if single trial is
conducted but even than it is undesirable. Provisions of this section should not be applied blindly.

Where different offence is committed at different place and at different time shall be tried separately and joint trial is
prohibited. When the murder of one and murderous (homicidal) assault on another person occurred at different
places and at different times although on the same day, the offences cannot be said to have been committed in the
course of the “same transaction”.

Trial for more than one offence u/s 235: This is another exception to the rule in S. 233 that there should be a separate
trial for every offence charged. The general rule that every offence should be charged separately applies, though there
may be one trial for all such offences under the provision of the section.

Where an offence is committed during one transaction, e.g., robbery and injury without causing a break in transaction
shall be tried solely. Offence committed must be without break in one transaction.

The real and substantial test for determining whether several offences are connected together so as to form one
transaction “depends upon whether they are so related to one another in point of purpose, or as cause and effect, or
as principal and subsidiary acts, as to constitute one continuous action”. The following factors are relevant in
determining whether or not different acts committed by one or more accused persons were committed in the course
of the “same transaction”:

1. The proximity of time,

2. The proximity of place,

3. Whether or not they are related as cause and effects of each other,

4. Whether or not they are related to each other as principal and subsidiary acts,

5. Community (common, cooperative, joint) of purpose, and

6. Continuity (unity) of action.

When it is doubtful what offence has been committed u/s 236: This is enabling section for the offences, which are
similar in nature and cannot be separated or perceived. A person can be convicted for the offence for which he is not
actually charged. Where there is similarity in acts and accused is charged for one, but evidence comes for the offence
against which accused was not charged, can be convicted for such offence also. It requires some sort of similarity.
Where there is no similarity, punishment cannot be given in the offence for which accused is not charged. Punishment
only can be given in the offence not charged if it has some similarity with the offence against which accused is charged.

Accused charged u/s 302 cannot be punished for the offence of defamation. A separate trial is required to punish him
for the offence of defamation. Punishment can be given for both offences where accused is charged for both offences
jointly. But where accused is charged for one offence, second offence cannot be amalgamated with that once for
which he is charged.

S. 236 provides that where it is doubtful as to which of several offences a person has committed, he may be charged
in one trial for all the offences or in the alternative with having committed some of the said offences.
When a person is charged with one offence, he can be convicted of another u/s 237: Where a accused is charged
under the offence of theft but during trial it reveals that he is also guilty of receiving of stolen property can be
convicted for the offence for which he is not charged, i.e., receiving of stolen property. Not being charged against the
cognate (allied in characteristics) offence does not debar Court to punish offender if reveals in evidence that he is also
guilty of other offence of same nature.

S. 237 is also exception to the general rule that an accused person cannot be convicted of an offence of which he was
not charged, and of which consequently he has had no notice. This section enables the Court to convict a person of
an offence, which is disclosed in the evidence and for which he might have been charged under the provisions of S.
236, although he was not charged with it.

S. 236 provides that where it is doubtful as to which of several offences a person has committed, he may be charged
in one trial for all the offences or in the alternative with having committed some of the said offences. S. 237 provides
that if a person is charged with one offence but it appears from the evidence adduced against him that he had
committed a different offence for which he might have been charged, he may be convicted of that offence proved
against him although not charged with it. This may be possible into minor offences but not to the major.

When offence proved included in offence charged u/s 238: When an accused is charged against an offence of high
gravity but evidence adduced proves minor offence, accused shall be punished for minor offence. But where charge
is minor and evidence proves major offence, accused shall not be punished for the offence of higher gravity. A
separate charge and trial becomes necessary. Charges u/ss 302 and 304 though are cognate, but if accused is charged
u/s 302 but evidence proves commission of offence u/s 304, he shall be punished u/s 304 and not u/s 302. But where
accused is charged u/s 304 and evidence has revealed the commission of offence u/s 302, accused shall not be
convicted. It needs separate charge and trial for conviction.

1. Where evidence disclosed during trial:

2. Only for minor offence:

3. Should be cognate offence:

4. Not on distinct offence:

5. Where major offence, new charge:

6. This is exemption in general rule, i.e., separate charge for each offence:

What persons may be charged jointly u/s 239: This section is the last exception to S. 233 which lays down the general
principle that every offence must be charged and tried separately. This is the only section, which authorizes a joint
trial of several persons under circumstances specified in the section except in cases falling under this section, a joint
trial of several accused persons renders the trial invalid. In order to attract the provisions of S. 239, the accused
persons must have acted in concert (in agreement) to commit an offence. This section cannot possibly apply to a case
in which it is being alleged that either one or the other group of accused persons was guilty of murder and not that
they all participated in the murder in collaboration with one another. In a joint trial it is very necessary to keep clear
separated the evidence against each of the accused.

Elements of charge:

1. State offences:

2. Specific name:

3. Description where no name of offence is:

4. Section to mention:
5. Language either English or Court:

How charge is framed: Charge is framed in the following manner:

1. Particulars of time:

2. Place of offence:

3. Particular of person against whom offence is committed:

4. Gross sum where criminal breach of trust:

5. Particulars of manner of commission of offence:

6. Words in the sense of law:

7. Court may alter charge:

8. New trial on addition of charge:

Separate charge for distinct offences:

1. Separate charge:

2. Separate trial:

3. One charge for three offences in a year:

How trial commences and concludes u/s 241: Trial means examination of case, civil or criminal, by a competent
tribunal. Trial is a hearing of a case, civil or criminal before a Judge who has jurisdiction over it according to the law of
the land. The trial may be said to commence when the accused is brought or appears before the Magistrate. Where
the challan has been submitted and Magistrate has also applied his mind to take cognizance of the case, trial
commences. Following procedure is adopted for the purpose:

1. Delivery of statements and documents to the accused u/s 241 - A: Prior to seven days of the commencement of
trial, copies of all statements of witnesses shall be provided to accused free of cost. It shall also include the
inspection note which investigation officer records on his first visit to the place of occurrence. It is mandatory
provision for the commencement of trial. These statements include the statements recorded u/ss 161 and 164 of
the Code of Criminal Procedure.

It should be noted that if public interest suffers from the supply of statement recorded u/s 161, it shall not be
supplied to the accused.

This procedure is not applicable for the trial where case is of summary nature and punishment does not exceed
six months’ imprisonment or some sort of fine.

2. Application of mind: Taking cognizance of the case of application of judicial mind of the Judge in the particular
case.

3. Framing of charge u/ss 221 – 223: Under these sections Court frames charge after the completion of inquiry report
of police. It contains the offence committed with specific name of offence in the language of Court. It also includes
the particular as to time, place, and person involved in such offence. Manner of the offence committed is also part
of the framing of charge.

4. Recording of evidence of prosecution u/s 173: Prosecutor may record further evidence under law.
5. Statement of District Attorney/prosecutor: Closure of evidence and production of documents.

6. Examination of accused and its recording u/ss 342 and 364: This statement is based on the questions and answers
without taking of oath from the accused.

a) Accused may also produce evidence of his own u/s 340: Accused shall take oath before giving evidence of his
own.

b) No cross-examination of accused u/s 340(2): Where accused has taken oath for giving evidence, cross-
examination shall not be allowed. He can produce witnesses. They are termed as “DW” means Defence
Witnesses. Where prosecution produces witnesses, they are termed as “PW” means Prosecution Witnesses.

7. Arguments u/s 265(G): Prosecution has right to argue first. When the arguments of prosecution completes, then
counsel of accused begins his arguments.

a) Where case is forge, acquittal u/s 249(A): Powers of Trial Court under Ss. 249 – A being co-extensive with
similar powers of High Court under S. 561 – A of Code of Criminal Procedure, both can be resorted to. The
Court without recording of evidence can pass order of acquittal if the peculiar facts of the case justify such
order. This section empowers the Magistrate to acquit the accused at any stage of the proceedings after
hearing the prosecutor, complainant and accused and for reason to be recorded if he considers the charge to
be groundless or there be no probability of accused’s conviction for any offence.

b) Power to remand case u/s 428: This section authorizes the appellate Court, if it thinks that additional evidence
is necessary to record its reasons and to take such evidence in the interest of justice. Court either may take
evidence itself or may remand the case the recording of additional evidence.

c) Power of Court to acquit at any stage u/s 265(K): In Corpus Juris Secundum Part 1 – A the word acquittal is
defined as “discharged, released from a debt, duty, obligation, charge, or suspicion of guilt, or set free or
judicially discharged from an accusation”. In Black’s Law Dictionary it is defined as, “the legal and formal
certification of the innocence of a person who has been charged with crime; deliverance or setting free a
person from a charge of guilt; finding of not guilty. Also, one legally acquitted by a judgement rendered
otherwise than in pursuance of a verdict, as where he is discharged by a Magistrate because of the
insufficiency of the evidence, or the indictment is dismissed by the Court of non-prosecution. In Encyclopaedia
Britannica, it is defined “acknowledgement by the Court of the innocence of the defendant or defendants.
Such a judgement may be made by a jury in trial or by a Judge who rules that there is insufficient evidence
either for conviction or for further proceedings. An acquittal removes all guilt in law. An acquittal “in fact”
occurs when a jury finds the defendant not guilt.”

Procedure of trial in Court of Session u/s 265 onward: Following is the procedure of trial, which is conducted by the
Court of Session:

1. Public prosecutor conducts:

2. Supply of statements to accused:

a) First Information Report:

b) Police report:

c) Statements of witnesses:

d) Report of inquiry officer:

3. Framing of charge:
4. Reading over of charge:

5. Whether accused is guilty or he shall defend:

6. Hearing of complaint:

7. Taking evidence:

8. Summoning of witnesses:

9. Opportunity of accused to produce witnesses:

10. Filing of written statement of accused:

11. Production of defence evidence:

12. Close of evidence where not evidence of accused:

13. Acquittal or conviction:

14. Corroboration of evidence:

15. Acquittal at any stage where is not prima facie case:

How the evidence is recorded at different forums: Prosecution is responsible in criminal cases to adduce evidence to
prove its case. There are certain conditions to record evidence such as:

Presence of accused u/s 353: In criminal cases evidence is recorded in the presence of accused. It objects that accused
should know that what are the allegations are alleged against him. Also advocate of the accused should present at
the time of recording of evidence. Where presence of accused has been dispensed with, his advocate or counsel must
represent him. Exemption of personal appearance does not mean that his representation has also been dispensed
with. Dispensation of personal appearance requires representation of advocate. Presence of accused is presumed the
presence of accused. This is not departure from the general rule that evidence must be recorded in the presence of
accused. Representation fills the space of accused.

Recording of the evidence is null and void where it is recorded without presence of either accused or his
representative. Where accused has been exempted from personal appearance, must be represented by his counsel.
The High Court as well as the Court of Session has power to dispensed with the attendance of an accused during trial
on sufficient ground, i.e., ill health or pardanasheen lady. Section 205, gives powers to Court to dispense with the
personal appearance of the accused.

S. 540 – A also enumerates the provision of exemption from personal appearance in criminal cases where sufficient
cause exists.

The compliance with the provisions of S. 353 is mandatory. Failure to do so would entail conviction liable to set aside.

Manner of recording evidence u/s 354: Following manner is not applicable in the case of summary trial.

Record of trial of certain cases by first and second class Magistrates u/s 355: The Magistrate is required to take down
the evidence of each witness in the language of the Court. However if he is unable to make such memorandum himself,
he can cause such memorandum to be made in writing, or from his dictation in open Court. Obviously such
memorandum must be signed by the Magistrate and shall form part of the record.

1. Presence of accused: Statement of the witnesses is recorded in the presence of accused.

2. Presence of pleader of accused: Where appearance of the accused has been dispenses with, statement is recorded
in the presence of the pleader of the accused.

3. Memorandum of each witness: The Magistrate prepares himself memorandum of each witness himself in his own
writing.

4. Written memorandum with own hand: Normally Magistrate or Judge is required to prepare the memorandum of
each witness or accused in his own handwriting.

5. Dictation in certain cases: Where Magistrate is unable to prepare memorandum himself, he dictates in open Court
to write the memorandum of each accused and witness.

6. Signature: Judge or Magistrate signs the memorandum, which he prepares.

7. In the language of Court: Memorandum is prepared in the language of Court whatever English or Urdu is.

8. English or translation: Where statement so recorded is not in English or in the language of Court, Court shall
arrange its translation in English. Evidence is completed when it is fully explained to the accused. Where languages
are different as to the language of Court and the language of the accused, interpreter is provided. Interpreter is
meant for the knowledge of accused so that he may know whether what is happening against him.

9. Statement in mother language: It is also allowed but after all it is translated in the language of Court.

10. In open Court: Such statements are recorded in open Court.

11. Questions in the form of narration: Question asked from accused and witnesses u/s 356 and 357 are in the form of
narration and not in the form of question and answers. Mode of examination of accused is narration.

12. In the form of question and answers: U/s 342 accused and witness is examined in the form of question and answer.
Evidence u/s 340(2) is in the form of question and answer

13. Read over to accused: Law binds the Magistrate and Judge to read over the statement so recorded before accused
or witness. This section requires that the evidence of a witness when completed should be read over to him in the
presence of the accused or his pleader. The evidence should be read after it is completed and not at the end of
the day after all the witnesses have been examined. For the purpose of explanation of evidence to witness,
language shall be used which he knows where it is other than he does not understand.

14. Correction upon objection of witness: Where any objection is put while reading over it to accused or witness,
Magistrate is bound to correct the mistake pointed out.

15. Reading in its language: Statement is not read out blindly in English or other language, but in his mother language,
which he understands.

16. Double record: In criminal cases, the evidence is recorded in double languages, i.e., in English and in vernacular
language of the accused and witness. Law enumerates that record of each and every question and answer shall
be maintained in two languages, i.e., English and Urdu or other vernacular language. Maintenance of double
record in criminal cases is mandatory.

17. Demeanour of witness: Magistrate or Judge is also bound to record behaviour of the witness or accused during
the taking of statement. The presiding officer recording evidence of a witness is also supposed to record such
remarks, if any, as he thinks material respecting the demeanor of a witness while under examination. The object
of this section is to give to the higher forum some aid in estimating the value of the evidence recorded by the
lower Court. The demeanor of a witness, which goes to affect the Court in appreciating his evidence, must be
noted down at the proper stage during or at the close of examination of the witness. But it is generally unsafe to
 pronounce an opinion on the credibility of the witness until the whole of his evidence has been taken. The
demeanor of the witness under other circumstances ought not to be taken notice of by the Judge.

18. Full record: In criminal cases each and every word of the evidence is reduced into writing except in the cases which
are summarily try-able in which only substantial part of the evidence is recorded. Maintenance of the full record
in criminal cases is statutory requirement because question of life and death depends upon evidence.

19. Signature of accused: As soon as the statement taken is completed, it is read over to accused and he signs, where
he satisfies.

Pronouncement of Judgement u/s 366: The word “judgement” is not defined in Code of Criminal Procedure. It is a
word of general import and means only, “judicial determination of decision of a Court”. Judgement means the
expression of the opinion of the Judge or Magistrate arrived at after due consideration of the evidence and of the
arguments. Judgement means a Judgement of conviction or acquittal. Judgement is pronounced when the trial is over
either in favour or against of the accused. The word “judgement” means a decision in a trial, which decides a case
finally so far as the Court trying the case is concerned, and terminating in either a conviction or acquittal of the
accused. Judgement is not delayed unnecessarily when Court comes at conclusion.

Following are the mode of pronouncement of judgement:

1. Open Court: Judgement is pronounced in open Court. If a Judge dies after writing his judgement but before
delivering it in open Court, the judgement is not to be considered as a judgement, but merely as an opinion. No
expression of opinion by a Judge becomes a judgement until it is pronounced.

2. At fixed time: Judgement is pronounced at the time fixed which may either be immediately after the termination
of the trial or at some subsequent time.

3. Notice to parties: Time fixed is notified either to the parties concerned or their counsels for the delivery of
judgement.

4. Written judgment: Judgement cannot be pronounced until it is written. It is one of the prerequisites of the
pronouncement of the judgement. Acquittal of accused without writing judgement is illegal. Judgement not
written or dictated or signed on the day of pronouncement, not a judgement thus nullity in the eyes of law.

5. Points of judgement: Judgement should contain all the points, which are considered against the accused. The
judgement must be full and complete in all respects showing that the Judge has given his attention to every
material question of fact or law. Every judgement of a criminal Court must contain a clear statement of the points
for determination, the decision thereon, and the reasons for the decision.

6. Reasons of decision: Judge has to include also the reasons in his judgement so as to why he has decided against
him.

7. Language of the judgement: Judgement is pronounced in the language of Court or in some other language, which
party, or his counsel knows.

8. Only operative part: One operative part of the judgement is pronounced which is gist (essence, core, outcome)
of the judgement. Whole judgement is not read out.

9. Presence of accused: Judgement is pronounced during the presence of the accused. He is taken to Court where
he is within custody of the law forcing authority. Where accused is neither within custody of the law enforcing
agencies nor his presence has been dispensed with, he is brought in Court at the time of pronouncement of
judgement by force of police.

10. Dated: Every judgement is dated at the end of judgement. Where judgement is backdated, it vitiates the
judgement. In one of the case of Benazir Bhutto, judgement was backdated thus it was objected.
11. Signed: The Judge making and pronouncing the judgement signs it.

12. Signature on each page: Where the Judge does not write judgement himself and it covers more than one pages,
Judge signs all the pages.

13. References of Pakistan Penal Code: Judge has to refer the relevant sections of the Pakistan Penal Code under
which he has adjudged the case against accused, where accused is punished.

14. Reasons where death penalty is substituted: Where accused is tried under any offence punishable with death
penalty and Court sentences him to any punishment other than death, Court has to mention the reasons as to why
he is not sentenced with death penalty.

Exception: There are exceptions to this general rule that only operative part is read out rather than the whole
judgement.

1. Whole judgement: As far as general rule is concerned, only operative part of the judgement is pronounced but
where parties, i.e., accused or prosecution, make request for the whole pronouncement, judgement is
pronounced wholly.

2. Absence of the accused: Generally judgement is pronounced during the presence of accused. But where presence
of accused has been dispensed with due to reason certain, judgement may be pronounced during his absence. It
has further its two exceptions such as:

a) Where punishment is only fine: Presence of accused becomes immaterial where punishment is only
imposition of fine although his presence has not been dispensed with. Presence of counsel is necessary.

b) Where accused is acquitted: Presence of accused also is not essential requirement of law where accused is
acquitted. Presence of his representative is sufficient to attract the provisions of law.

Sentence of death u/s 368: When the death penalty is pronounced, convict is hanged by neck till his death. He is not
removed from the gallows (wooden framework for hanging criminals (iAe îNbM)) until he dies.

Court not to alter judgement u/s 369: Once judgement has been signed and pronounced, it cannot be altered. Only
clerical mistake can be corrected without effecting the substantial object of the judgement. As the judgement is
signed, it becomes final. It is neither altered nor reviewed. It is final in nature. It can be altered before signing, but as
soon as it is signed, the role of Court is over.

The word “judgement” for the purpose of the section means a decision in a trial which decides a case finally so far as
the Court trying the case is concerned and terminating in a conviction or acquittal.

Copy of judgement, etc., to be given to accused u/s 371: As soon as the judgement is pronounced and accused is
convicted, a copy of judgement is given to convict.

Cost of copy: Copy of judgement is given to convict free of cost. Cost of translation is on account of Court.

Language of judgment: Language of the copy of judgement provided to convict is either English or in the language,
which convict or his pleader understands.

Information of appeal: Where Court of Session pronounces death penalty, also shall inform to convict about the
period of appeal within which convict can prefer appeal.

Examination of legality u/s 371: High Court can demand the entire record to reach on the truth whether punishment
of death awarded is in accordance to the law and justice. This right is also available u/s 435.
Confirmation of death penalty: Session Judge awards death sentence but this sentence requires the confirmation
from High Court. Session Judge makes a reference to High Court and sends whole of record for the determination of
High Court. Two senior judges of High Court examine the whole case and then determine whether sentence is to be
confirmed. Death penalty is not final until High Court confirms it. High Court puts seal to validate the punishment
awarded by the Session Judge.

Powers of High Court to confirm sentence given by the Court of Sessions u/s 374 to 379:

1. Sentence of death:

2. Execution after confirmation:

3. Power to direct further inquiry:

4. Additional evidence:

5. Power to dispense appearance:

6. May confirm:

7. May pass other sentence:

8. May annul:

9. New trial:

10. Amendment in charges:

11. May acquit:

12. Signature of two judges:

Power to direct further inquiry to be made or additional evidence to be taken u/s 375: High Court either can accept
the punishment given by the Court of Session, or may acquit the accused, or may remand the case to record fresh
evidence. This order is passed while reference to High Court.

Power of High Court to confirm sentences or annul conviction u/s 376: Upon reference u/s 374, High Court can
exercise following powers:

1. Confirmation: High Court can confirm the punishment given by the Court of Session.

2. Revise: High Court has power to annul the punishment and may revise the punishment.

3. Acquit: High Court also may acquit the accused person.

Procedure in case of difference of opinion u/s 378: Where two or more judges could not conclude the case referred
to them or equally divided, case shall be referred to third single Judge whose decision shall be final.

When the case is laid before third Judge on difference of opinion, the whole case is before him, and while there is no
doubt that he is bound to give due consideration to the facts that another Judge of the same Court had reached on
conclusion in favour of the accused, it cannot be said that he cannot hold otherwise except upon a finding that view
is perverse.

Tender of pardon to accomplice u/s 337: High Court and Court of Session has also power u/s 337 of the Code of Criminal
Procedure to tender the pardon to accomplice provided he discloses all the material facts in crime. This pardon is
tendered where investigation agency could not collect sufficient evidence of the commission of the crime. Failure of
such agency urges the demand of tender of pardon to reach the depth of the root causes of the offence.

Manner of granting pardon: Pardon is always granted in writing and mere verbal granting of pardon is not covered
under the Code of Criminal Procedure.

Recording of reasons: Authority so granting pardon has to reduce into writing the reason as to why the pardon is
being granted. Pardon can be granted to principal accused but one should not shut eyes before exercising authority.
Application of judicial mind should be there.

When pardon can be granted: At any stage of the inquiry or trial pardon can be granted whenever prosecution or
inquiry officer feels necessary to conclude the inquiry where apparent evidence is not available to convict the
offender. It also can be granted while trial in Court of Session or High Court. Pardon cannot be granted at appellate
level. It can be granted only at trial level during the course of trial.

Who may grant pardon: Officer in-charge of the prosecution in the District may grant pardon at any stage of the
inquiry or trial. Police and Magistrate can also grant pardon. Approver does not sign the contract with prosecution.
When he appears in Court as witness, compliance of contract is proved and it is also proved that he has accepted a
pardon or pardon is granted to him. Pardon may be granted to principal accused.

Object of pardon: Pardon is granted only in serious crimes. It objects to trace out the offenders. There is a pardon that
every crime should be punished. It is better to grant pardon to one accused rather than releasing all the offenders.
The object of a pardon is to free the individual from the prospects of any present or future punishment which the law
may inflict for the crime he has committed and to blot out the element of guilt which attaches in respect thereof. It is
in substance and effect a contract between the State, on one hand, and the person to whom it granted, on the other,
and the State can impose conditions, precedent or subsequent, of any nature, which are not illegal, immoral, or
impossible of performance.

Appearance as witness: As the pardon is granted to co-accused he is termed as approver. Approver means an accused
to whom pardon has been granted. As soon as pardon is granted to him, he becomes the witness of prosecution and
appears as witness against other fellow offenders. When he is made approver, he cannot be tried or prosecuted
against the crime committed.

So far as his competency as witness is concerned, he is competent witness according to Article 16 of the Qanun-e-
Shahadat Order, 1984. It reads as, “a accomplice shall be a competent witness against an accused person except in
case of an offence punishable with Hadd, and a conviction is not illegal merely because it proceeds upon the
uncorroborated testimony of an accomplice.”

A rider to this provision is provided by Article 129, which provides that the Court may presume that an accomplice is
unworthy of credit unless he is corroborated in material particulars. Legally, conviction of an accused in criminal case
can be based solely on the evidence of accomplice, but on factual plan corroboration of the testimony of accomplice
is required.

It has been held by the Honour-able Supreme Court in Ghulam Qadir and another v. The State that, however, in the
course of judicial precedents, a rule of prudence has been evolved under which it is always insisted that there ought
to be independent corroboration of an approver’s statement on material points suggesting a link between an accused
person and a crime before such a statement could be accepted as a safe foundation for a conviction while further
holding that the reason for the rule is obvious as there is always danger of substitution of the guilty be the innocent
in such cases.

Conditions on approver when pardon is granted:

1. Who is approver:
2. Who may grant: Only prosecution may grant pardon.

a) Prosecution:

b) Magistrate:

c) Police:

3. Object of pardon:

a) Obtain evidence: s

b) Complete disclosure: s

c) True disclosure: s

d) Whole circumstances shall disclose: s

e) Any condition precedent: It should be lawful.

f) Any condition subsequent: It also must be lawful.

4. Weak evidence:

5. Escape of offender:

6. Actual:

Where pardon is not granted: Pardon is not granted to person who is involved in the offences relating to hurt or qatl.
Permission of victim or his heirs is obtained. It should be noted that no one can be treated as heir in the life of other
person. Approver is given a name of wretched (ÅÍjM ½Î»g .îÄÎÀ· B· çÌÄÎÀ·) person because he is one of the actual
culprit.

More than one approvers in a case: Law does not bind authority to make more than one approvers. But it has never
been seen so far, but pardon can be granted to more than one culprits in a case.

Forfeiture of pardon u/s 339: Pardon once granted does not mean its eternity. It can be forfeited whenever granting
authority feels better the person is concealing the full information required to conclude the case and to reach into the
depth of the case. False evidence is also a reason to forfeit his pardon.

Prosecution of approver: Person who has accepted pardon can be tried for the offence in respect of which the pardon
was tendered. Where is breach of contract, pardon stands cease to exist. Full disclosure is essential requirement of
the grant of pardon, breach of which tends its forfeiture and thus trial. Where stipulation is broken there pardon is
taken back. All concessions come to an end at once.

Production of certificate: For prosecution of the approver on the ground that he has forfeited his pardon by refusing
to disclose the truth, production of certificate by public prosecutor is a condition precedent for trial. The prosecution
has to establish that certain essential facts were within the knowledge of the approver, and that he had willfully
concealed such facts.

Joint trial: Law has specifically provided that the person who was tendered pardon and due the reasons certain his
pardon has been forfeited, shall not be tried jointly. His trial shall be held separately.

Procedure in trial of guilty approver u/s 339 – A: Law does not permit joint trial of approver alongwith the other
associated culprits. He is kept separately.
Recording of plea of approver: Before the trial is commenced and evidence, Court asks to approver whether he has
disclosed all the information against which tender of pardon was made to him.

Commencement of trial: Separate trial is started against guilty approver after recording of his plea whether he has
complied with all the conditions on which tender of pardon was made. Court does not need to go further when
approver pleas whether he has provided all the essential information to prosecution.

Cessation of bail: Right of bail of guilty approver is ceased to exist until the proceeding against him are completed. He
is kept within judicial custody until case is concluded. Detention of guilty approver is also in his interest. Accused party
may target him. Judicial detention keeps him safe and sound. It also saves him as against any possible harm which
opponent party may inflict to him. Accomplice is not treated as a spy. He just supplies information.

Right of person against whom proceedings are instituted to be defended and his competency to be a witness u/s
340: Law provides certain rights to accused person against whom proceedings are started in criminal Court such as:

He is competent witness.

He has right of defense.

Right to conceal previous history as to commission of offence and conviction.

Procedure where accused does not understand proceedings u/s 341: Where accused does not understand the
proceedings of the Court due to alien language, Court provides interpreter but where it is impossible, Court continues
proceeding and conclusion is sent to High Court for passing of order. Disability of accused by reasons of deaf and
dumb is also covered under this section. Court cannot passes sentence until High Court verifies. If Court concludes the
proceeding in his acquittal, Court shall acquit him. Where proceedings end in his acquittal, reference shall not be made
to High Court. High Court passes orders whichever thinks fit.

Power to examine the accused u/ss 342 & 364: Accused is examined u/s 342 in the form of question and answer at any
time during the trial and u/s 364 by the substantive questions are asked. Notable thing is that this examination is made
without taking oath.

Power to postpone or adjourn proceedings u/s 344: Under law police has to produce accused before Court. Where
Court thinks fit can remand the accused to police for a maximum period of fourteen days. Shutting eyes in mechanical
form Court cannot make this remand. Court must apply judicial mind before granting remand. Where Court has taken
cognizance, accused is not sent back to police but sent on judicial remand and kept in jail for further investigation.
Non compliance with provisions of S. 344 Code of Criminal Procedure makes the detention illegal.

U/s 61 accused cannot be detained more than twenty-four hours. U/s 167 remand can be given for a maximum period
of fourteen days. This remand is related to police. S. 364 is also related with examination of accused in the language,
which he understands.

Compounding of offences u/s 345: This section merely enumerates the person who may compound the specified
offences under the law. It does not require the permission of Court. Parties can exercise the power of compounding
the offences without interference of Court. It has list provided in this section. These are extracts from Pakistan Penal
Code.

U/s 345(2) list is provided for the offences, which are compounded, with the permission of Court and parties cannot
exercise their power without interference of Court. Court should not create any hurdle the granting of permission for
compound-ability. Court should only adhere the public interest and nothing otherwise.

Where case is pending in appellate Court, appellate Court shall grant permission for compounding the case.

Procedure of Magistrate in cases, which he cannot dispose of u/s 346: This section is related with the jurisdiction.
Where Magistrate cannot ascertain his jurisdiction, he may refer the case with explanation to Court of Session or High
Court, whatever the case is, for its determination. Magistrate shall transfer the case about whom superior Court shall
advise.

Procedure when, after commencement of trial, Magistrate finds case should be tried by Court of session or High
Court u/s 347: Where Magistrate has taken the cognizance of case but before signing the judgement, he finds that he
has no jurisdiction to try the case and this case is related to Court of Session or High Court, he shall send case to Court
of Session or High Court.

Trial of persons previously convicted of offences against coinage, stamp laws, or property u/s 348: This section
related with the offences related with counterfeiting and previous punishment. If the same offence is committed
again, Court may inflict bigger dose to prevent the commission of offence.

Procedure when Magistrate cannot pass sentence sufficiently severe u/s 349: Where Magistrate tries a case finds
after proceedings that the offender needs larger dose but his jurisdiction to convict is accused is limited, he may refer
this case to his superior Magistrate for bigger dose.

Conviction on evidence partly recorded by one presiding officer and partly be another u/s 350: This section applies
to a case where the previous Magistrate after having heard and recorded the whole or any part of evidence ceases to
exercise jurisdiction therein and is succeeded by another Magistrate. This section does not apply to transfer of case
from one Court to another.

Execution of order passed under section 376 – 381: When High Court confirms the death penalty, then case is sent
back to Court of Session for its execution. Session Judge leaves no option unless to issue Black Warrant on the
prescribed manner. Issuance of Black Warrant puts a convict into gallows. Only Session Judge is competent to issue
Black Warrant who has originally tried the case.

Black Warrant specifies the time and place of execution of death penalty. Normally time for execution is fixed before
Aazan of morning. This time fixation prevents the possible violence by fellow prisoners. Last meeting with family
member is got arranged.

Cessation of execution: Execution of death penalty is stands ceased to exist when heirs of the killed slain tenders
pardon or compromise to convict even at the last moment of execution of death penalty. Convict is removed from
the gallows alive.

Postponement of capital sentence on pregnant woman u/s 382: Where capital punishment is passed to woman found
pregnant, shall be postponed until she delivers the baby.

High Court has powers either to defer the execution of death penalty or commute the death penalty. In case of
commutation, punishment is converted into life imprisonment.

Period of detention to be considered while awarding sentence of imprisonment u/s 382 – B: Object of this section is
to compensate accused for the delay in conclusion of his trial because of various factors generally not attributable to
the accused as the State is forced to provide speedy justice. Period of imprisonment is considered from the time of
detention for such offence.

Where one year has been passed in proceeding and Court sentences for five years, then only four years’ sentence shall
be left to pass.

Power to suspend or remit sentences u/s 401: Law under this section gives powers to provincial government to reduce
the punishment given by Court. Ladies or minors are subjects of the reduction of sentence. Where a person is above
65 years of age is granted reduction in punishment.

President exercises his powers where Supreme Court gives punishment where in provinces governor exercises the
same power as against the punishment of the High Court.
Power to commute (exchange, interchange, put in the place of) punishment u/s 402: This section is same as 401 with
a difference that provincial government has power to change the sentence without consents of the convict. Following
punishments are the subjects of commutation:

1. Death.

2. Imprisonment for life.

3. Rigorous imprisonment expected.

4. Simple imprisonment.

5. Fine.

Remission or commutation of certain sentences, not to be without consents u/s 402 – C: Except in the case under
sections 402, 402 – A, and 402 – B, punishment cannot be suspended, remitted, or commuted without the consents
of the victim or heirs, whatsoever the case is.

1. With consent of convict:

2. With consent of heirs:

3. Without consent of convict:

4. With condition:

5. Without condition:

6. Whole part of sentence:

7. Part of sentence:

8. General order for all:

Persons once convicted or acquitted not to be tried for the same offence u/s 403: This section discusses the rule of
double jeopardy (danger, risk, insecurity). It is constitutional guarantee. Person once tired either convicted or
acquitted cannot be tired again on the same facts of the case by the same Court. It is also provided under Article 13 of
the Constitution of Islamic Republic of Pakistan. It is Fundamental Rights of every person guaranteed under
Constitution.

S. 403 is based on the ancient maxim nemo debts bis vexari which means that a person cannot be tried a second time
for an offence which is involved in the offence with which he was previously charged. The same principle autrefois
acquit (formerly acquitted) and autrofois convict (formerly convicted) is prevailing in the common law. The section is
based on the principle of no mans life and liberty shall be twice put in jeopardy for the same offence on the same set
of facts.

S. 403 alongwith S. 26 General Clauses Act provides procedural shield. Conviction for the second time on the same
facts is not legal. Accused having once been acquitted by a Court of competent jurisdiction and such finding having
attained finality, his conviction on the same facts again by the Court is not permissible.

Where person is convicted u/s 379 of Pakistan Penal Code for the offence of theft, cannot be tried again in the same
set of facts.

Where case is tried by the Court incompetent to take cognizance is not bar to try the same case by the Court
competent.
Exceptions: This general rule of double jeopardy has three exceptions such as:

1. Distinct offence: A person can be convicted again for the offence, which is distinct offence for which person was
convicted previously. A person can be tried again for distinct offence for which separate charge is made. For
example, where a person causes grievous hurt to a person and tried for that offence, can be tried again where
person injured dies subsequently with the direct cause of such injury.

2. Direct consequences: Where later on discovers that the result is the direct consequence of the same offence,
person can be tried again. For example, where a person is charged with offence of grievous hurt can be tired later
on when person injured dies with direct consequence of such injury.

3. Concealed facts: Where person tired, but the Court did not know some facts of the case, and person convicted or
acquitted, can be tried again for the facts so concealed at that time where the facts are discovered later on.

4. Trial by incompetent Court: Where offence is tried by the Court incompetent having no authority to try the case
can be tried the same offence again by the Court having jurisdiction. A person can be tried again where first trial
was not conducted under the competent Court having jurisdiction. Lapse of time shall be immaterial. This question
shall not arise, where Court was competent.

Appeal: According to Osborn’s Dictionary appeal is defined as “any proceeding taken to rectify an erroneous decision
of a Court by bringing it before a higher Court.

The word “appeal” as defined in the Oxford dictionary means “to remove a case formally from an inferior to a higher
Court” with a view to ascertain whether the judgement is sustainable having been passed by a Court of competent
jurisdiction, sentence being awarded according to law and proceedings conducted conforming the provision so
provided.

The right of appeal is a matter of procedure. It is a substantial right created by a statute. Appeal is a right created by
statute and only exercisable when expressly given. No appeal lies from any judgement or order of the criminal Court
except provided by the Code of Civil Procedure or by any other law.

The word “appeal” is not defined in the Code of Criminal Procedure. It is a reference of case of decision to higher
authority or Court. It is authenticity of correctness of irregularity committed at lower level. Where any mistake or
technical error is committed at original level, it is referred to higher level. It is called appeal. Right of appeal is statutory.

The right of appeal is a matter of procedure. It is a substantial right created by a statute. Appeal is a right created by
statute and only exercisable when expressly given. A right of appeal is neither natural nor inherent but to be expressly
provided for. The statute also provides forum of appeal.

Cases in which no appeal lies: Although appeal is statutory right of convict, but at the same time there are certain
cases for which appeal is not available. These cases can be summarized as under:

1. No appeal lies when accused pleads guilty u/s 412: Where accused is guilty of offence for which he is convicted,
appeal shall not lie. Confession excludes from the statutory right of appeal. Where accused is guilty and admits
that yes I have committed such offence and Court convicts him on his confession, right of appeal shall be
extinguished.

2. No appeal in petty cases u/s 413: Where High Court passes sentence to six months and fine to rupees two hundred
only, appeal shall not be preferred. Where Court of Sessions or Magistrate passes sentence not exceeding one
month and fine upto rupees fifty, right of appeal shall also not be available.

3. No appeal from summary convictions u/s 414: Where Magistrate tires case summarily and passes sentence of fine
only which does not exceed to rupees two hundred, appeal shall not be accepted.
4. Dismissal of complaint u/s 203: Where private complaint lodged u/s 200 is dismissed u/s 203, appeal shall not be
entertained.

Exceptions: There are certain exceptions to the rule where no appeal lies generally, such as:

1. Legality and length of sentence u/s 412: Although where sentence is based on confession right of appeal is taken
away, but any illegality committed in trial or length of sentence can be appealed.

2. Substantive sentence u/s 413: Although in petty offences right of appeal is not available but where Court passes
substantive sentence in default of payment of fine, appeal can be preferred. This is another exception where right
of appeal is not available generally.

3. Combined punishment u/s 414: Where Magistrate passes sentence combined with other offences, appeal can be
preferred. Where one-month sentence is passed u/s 379, one-month u/s 427, and ten days u/s 447, it comes total
sentence two months and ten days, appeal is admitted on aggregate sentence.

4. Special right of appeal in certain cases u/s 415 – A: Although right of appeal is not available in petty offences, but
where more than one persons are tried and convicted and their aggregate punishment comes more than one
month, right of appeal is not available in normal circumstances. But where one accused is sentenced for one
month, he shall have right of appeal. Where one shall have right of appeal, all shall acquire right of appeal. It is
only in the case where joint trial is conducted. All the rest convicts shall also get right of appeal where one gets
right of appeal after joint trial.

Appeal in the cases of acquittal u/s 417: Under this section only Provincial Government can prefer appeal only to High
Court against the orders of acquittal. Public prosecutor files such type of appeal.

Where accused is acquitted, government goes in appeal but on the other hand where accused is convicted, he goes
to appeal. Person either natural or legal so defeated goes to appeal.

What is appeal:

What is acquittal:

Who makes such appeal:

Why appeal is preferred:

Procedure on appeal against acquittal: Following is procedure of appeal against the order of acquittal:

1. Government orders to public prosecutor:

2. Appeal within thirty days:

3. Grant of leave by High Court:

4. No appeal where no leave by High Court:

5. Enclosure of judgement with memorandum of appeal:

6. Call of record:

Appeal from acquittal sentence: The provisions of S. 367, Code of Criminal Procedure, is mandatory. There is no
distinction in awarding sentence u/s 302, Pakistan Penal Code, in original trial or in appeal from acquittal: the normal
sentence is death unless there are extenuating (mitigating, justifying) circumstances.[1]
Principles in dealing with appeal from acquittal are:

1. Presumption of innocence of accused becomes double.

2. Supreme Court would not interfere unless all grounds of acquittal were not supportable from evidence on record.

3. Conclusions reached by courts below were such that no reasonable person could conceivable reach the same.

4. Judgment of acquittal is perverse and the reasons given for it are artificial and ridiculous.

5. Supreme Court interfere in exceptional case on overwhelming (irresistible, awesome) proof resulting in irresistible
conclusions and that too, with a view only to avoid grave miscarriage of justice and for no other purpose.[2]

Appeal from sentence of High Court u/s 411 – A: Where High Court hears a case from original side and convicts accused,
accused may file an appeal to High Court upon the orders of provincial government.

Supreme Court is the highest Court of appeal. It hears appeals against the decisions of High Court. High Court hears
appeal as against Court of Sessions. And Court of Sessions hears appeals from the Courts of Magistrates.

Where Magistrate tries the case of sedition u/s 124 – A of Pakistan Penal Code, appeal is directly made to High Court
keeping in view of the importance of matter.

Where Court of Sessions tries cases of Hudood, appeal is made to Federal Sharaiat Court rather than High
Court. Federal Sharaiat Court takes direct cognizance where Hudood crimes are involved.

No appeal in certain cases when accused pleads guilty u/s 412: There is no provision of appeal where person guilty is
convicted on the grounds of confession before Magistrate. There is only one ground on which he can make an appeal.
He can challenge the sentence but upto the extent of the quantum of the sentence. Where evidence is wrongly
recorded for conviction, it becomes also ground of appeal.

Where punishment is given in default of payment of fine, no appeal lies.

Power of Appellate Court in disposing of appeal u/s 423: Where appeal is preferred against the acquittal, what High
Court can do? High Court can do:

1. Set aside altogether: Where u/s 379 High Court is obliged to confirm or otherwise the death sentence, High Court
can set aside the death penalty altogether in the dispensation of justice.

2. Uphold sentence: High Court may confirm the sentence given by the Court of Session.

3. Remand of case: Where any irregularity is observed in trial or recording of evidence or omitting the substantial
evidence, case is sent back for retrial.

4. Reduction of quantum of sentence: Where a person has committed offence at first time, and punishment given is
manifold, Court of appellate cannot enhance his sentence but can reduce his punishment.

5. Reverse of acquittal:

6. Further inquiry:

7. Retrial:

Appeal-able orders and judgements u/s 405 onwards: Following are the orders and judgements against which appeal
lie:
1. Rejection of application for restoration of property:

2. Order of security of good behaviour:

3. Refusing surety:

4. Sentence of Assistant Session Judge or Judicial Magistrate:

5. Sentence by Court of Session:

6. Sentence by High Court:

7. Against joint conviction:

8. Against acquittal:

9. Order to pay compensation:

10. Order of forfeiture of bond:

11. Disposal of property:

Procedure in case of certain offences affecting the administration of justice: Where offences are committed against
public or production of document in false evidence, Court can punish the offender in summary trial. Following
punishments can be given:

1. Imprisonment not exceeding three months and/or fine not exceeding to Rs. 1,000/-.

2. Imprisonment not exceeding one month and/or fine not exceeding to Rs. 50/-.

3. Fine not exceeding to Rs. 50/-.

Forwarding of cases for trial by Courts having jurisdiction u/s 476 – A: Only Court before whom such offence is
committed gets jurisdiction to try it or higher Court can try it. Supreme Court can try offences where lower Court does
not try it. No private complaint lies on Court against such punishment.

S. 476 – A deals with the forwarding of case for trial by Courts having jurisdiction to take cognizance u/s 476 of Code
of Criminal Procedure on the fining that the case should not be tried under that section for reason relatable to the
facts and circumstances. In that situation after recording the facts constituting the offences and the statement of the
accused person the case can be forwarded to another Court having jurisdiction to try the same. The wording of S. 476
– A of Code of Criminal Procedure makes it clear that the Court ordering a prosecution has to come to a definite finding
that it is expedient in the interest of justice that an inquiry should be made in respect of the offence alleged to have
been committed.

Procedure in certain cases of contempt u/s 480: Where contempt is committed in term of obstruction to enforce
punishment, insult of Court, or destroy the material facts, Court shall hear the case same day before time is over.
Proceedings on next day are nullity in the eyes of law thus void.

Where offender deserves for bigger dose, bigger does is given to set him right. Reference can be made to competent
Court for regular trial for bigger dose. Only contempt u/s 480 is try-able on same day.

Court may take cognizance on same day and can punish the offender with fine not exceeding to Rs. 200/- and in case
of default of payment of fine simple imprisonment not exceeding one month.
Power to issue direction of the nature of a Habeas Corpus u/s 491: It means let the person being or produce in Court
for examination. It is a summary procedure. Person so detained can be produced in Court through bailiff.

Powers of the superior Court: Law invests certain powers to superior Courts for the end of justice. These are
supervisory powers, which prevent the miscarriage of justice. Superior Courts control the lower Courts as to
correctness of the proceedings, illegality, and irregularity. They do not interfere in the proceedings of trial Courts
generally. High Court or Court of Sessions exercises these powers. These powers are exercised where trial is not
conducted in accordance to law. Following directions can be issued:

1. Order to bring detainee:

2. Set at liberty:

3. Prisoner in Court for examination:

4. Bring prisoner for Court martial:

5. Transfer to custody for trial:

6. Cepi corpus: It means, “I have taken the body.” When a writ of capias or attachment is directed to the sheriff for
execution, when he has the defendant in custody, he returns the writ with an indorsement stating that he has
taken him, called a return of cepi corpus. Where writ of attachment has been executed, body kept is released by
the order of High Court.

Exception: These orders are not applicable on the persons who are detained under any provisions meant for
preventive detention.

Examination of accused u/s 364 is in the form of questions and answers. Where this procedure is not applied and
brought into the knowledge of superior Courts, i.e., High Court or Court of Sessions, they intervene to prevent such
irregularity and illegality. Everything which is contrary to law vitiates the trial therefore it is set aside. It does not mean
that entire trial is void but partially upto the extent of alleged irregularity or illegality.

S. 439 empower to High Court where S. 439 – A empowers to Court of Sessions to exercise such supervisory powers.
Where Court acquits accused in revision no subsequently conviction can be imposed but appellate Court may convict
subsequently.

Procedure in case of accused being lunatic u/s 464: Where Magistrate finds that the accused is a person of unsound
mind and incapable to defend himself, he can send him to Civil Surgeon to examine his capacity to understand. Where
it is proved in medical examination that accused is person of unsound mind and incapable to defend himself,
Magistrate shall postpone further proceedings until his recovery.

Person who is incapable to understand proceedings can be sent either to jail or hospital keeping in view of his ailment
for proper treatment and custody until he may face trial.

Where trial has been started it will not postpone and in case of acquittal, he shall be released otherwise accused shall
be handed over in safe custody.

Release of lunatic pending investigation or trial u/s 466: Custody of lunatic can be given to his near relative or friend
to avoid any injury to himself or to any other person. Accused is not allowed to go alone keeping in view of his mental
condition.

1. Inquiry whether he is lunatic:

2. Examination by Civil Surgeon:

3. Examination of Civil Surgeon:

4. Release on bail:

5. Postponement proceedings:

6. Properly care in jail where no security is provided:

7. Appearance when required:

8. Safe custody where is no security:

9. Resume inquiry when capable:

10. Continue where he was sane on offence:

11. Acquittal where he was lunatic at offence:

12. Custody to relative or friend:

Irregularities, which do not vitiate trial u/s 529 onward: Following irregularities causes trial not to vitiate. It should be
kept in mind that such irregularities committed u/ss 529 and 530 are those under which Magistrates have not authority.
They must be summarized as under:

1. Issue of warrant u/s 98:

2. Investigation order u/s 155:

3. Issuance of process u/s 186:

4. Taking cognizance u/s 190:

5. Transfer of case u/s 192:

6. Tender of pardon u/ss 337 and 338:

7. Sale of property u/ss 524 and 525:

8. Withdrawal of case and trial self u/s 528:

Irregularities, which vitiate trial u/s 530 onward: Following irregularities causes trial to vitiate. They must be adhered
in trial:

1. Trial without jurisdiction:

2. Warrant without jurisdiction:

3. Arrest without jurisdiction:

4. Misleading of accused in framing charge:

5. Alteration in charge without defence to accused:

6. Back dated judgement:

7. Act contrary to law:

8. Deficiency in particulars of warrants and summons:

9. Non-delivery of statements to accused prior trial:

10. Sentence in excess of law:

11. Taking cognizance without warrant in non-cognizable offences:

12. Lack of defence opportunity:

13. Sentence on confession without corroboration:

14. Trial in the absence of accused:

15. Evidence in the absence of accused:

16. Trial without issuing process: s

Power of trial and appellate courts to dispose of property u/ss 516 – A to 525: This is the property against which
offence has been committed. This property can be disposed of in this manner:

1. Sale of perishable items:

2. Sale of explosive to government or authorized agent:

3. Destruction of intoxication:

4. Confiscation:

5. Delivery to entitled person (purchaser):

6. Restoration to real owner:

7. Delivery to Magistrate as taken by police:

8. Sale and payment to innocent person:

9. Destruction of libelous material:

10. Sale of property of unknown person: s

Competent courts and persons to sworn affidavit u/s 539: Following are the persons and courts before whom affidavit
can be sworn:

1. High Court:

2. Officer authorized:

3. Any Commissioner:

4. Any other person appointed:

5. Any Judge:

Who may draw it: Only public servant may draw it.
Who should it contain: It contains all facts.

Why allegation by person during trial: It is used as evidence.

Who is liable: Public servants are required to submit such type of affidavits.

Affidavit evidence: There are only three sections in this Code of Criminal Procedure, i.e., Ss. 74, 526, and 539 – A,
according to which a fact may be got proved by affidavit. Affidavits not covered by these sections are not legal
evidence not can be admitted in evidence without confronting its maker at trial. Mere filing of such affidavits would
not be a sufficient factor to share the veracity of the story put by complaint duly supported by the eyewitnesses.
Procedure of swearing on Holy Quran is not applicable in criminal cases. The Sessions Judge or the Magistrates, before
whom any criminal proceeding is pending, in which an affidavit is to be filed, would normally have authority to receive
evidence in the case. If he has such authority to receive evidence, he has power to administer oath himself to the
person concerned or to administer oath through an officer empowered by him in this behalf, by virtue of S. 4 of the
Oaths Act, 1873. Since an affidavit is basically a statement on oath, the Sessions Judge or the Magistrate having
authority to receive evidence, would obviously have authority t attest as affidavit. Such affidavit being a document
could not be legally treated as an affidavit and, therefore, inadmissible in evidence as affidavit. Such document,
however, can be put to Oath Commissioner for purpose of proving that witness signed it and to have it exhibited.

Muslim shall be required to repeat the, “I swear by Allah, the Almighty that I will give true evidence; and if I give false
evidence, I would thereby invoke wrath and curse of Allah on me.”

Hindu shall be required to repeat the, “I solemnly affirm in the presence of Almighty God that what I shall state shall
be the truth, the whole truth and nothing but the truth.”

Grounds to make application for the transfer of cases from one subordinate Court to another u/s 526: Following are
the grounds:

1. For fair and impartial trial or inquiry: Where is doubt that trial court may prejudice to accused, application for the
transfer of case can be made for fair trial.

2. Difficulty in question of law: Where court below deems difficulty to determine the question of law or deems
unable to determine the question of law, may request for the transfer of case.

3. Nearness of the place of offence: Where case is tried at distance as to convenience to accused, case can be
transferred to the place near to accused.

4. General convenience of parties and witnesses: Law does not require the suffering of witnesses therefore for their
convenience case can be transferred to other place.

5. For the end of justice: Where impartiality or threat to accused is felt, application for the transfer of case can be
made.

6. Incompetent to try: Where court feels its incompetence to try the case may request its higher court for the
transfer of case.

7. On report of lower Court: Higher court may transfer the case on the application of lower court due the certain
reasons.

8. Upon taking cognizance (no one can be Judge of his own cause: Where judge is personally is interested, case must
be transferred to other court.

Arrest without offence u/s 149 onward: A Police Officer can arrest any person though he has committed no offence
on the following grounds:
1. Preventive detention:

2. Information of design to commit offence:

3. Apprehension of breach of peace:

4. Injury to public property:

5. Vagabonds:

6. Life beyond reasonable sources:

7. Suspect of offence:

8. Cognizable offences u/s 154:

9. Habitual robbers u/s 54 & 65:

10. Offences committed before Magistrate:

11. House breaker:

12. Proclaimed offender:

13. Having stolen property:

14. Receiving stolen property:

15. Causing obstruction in public duty:

16. Escaped person:

17. Attempt to escape from lawful custody:

18. Private arrest:

Powers of Magistrate or Police Officer to disperse unlawful assembly u/ss 127 to 131: Following are powers:

1. Command to disperse:

2. Use of civil force:

3. Arrest:

4. Confine:

5. Punishment:

6. Use of military force:

7. Little force may use:

8. Little force and little injury:

Prosecution of Magistrate or Police Officer Chapter IX u/s 132: Magistrate or Police Officer can be prosecuted acting
under Chapter IX of the Code of Criminal Procedure. It requires the permission from Provincial Government. But in
certain cases they are protected u/s 132. Following are the exemptions:

1. No prosecution without permission: Prosecution is not allowed unless Provincial Government permits.

2. Good faith: Any Police Officer or Magistrate acting in good faith under Chapter IX cannot be prosecuted in Criminal
Court.

3. Any officer: Any officer acting u/s 131 to disperse unlawful assembly is not liable to prosecute in Criminal Court.

4. Any person: Any person who is engaged by the government forces u/ss 128, 130, and 131 – A, cannot be prosecuted.

5. Inferior officer: Neither officer of higher rank nor officer of inferior rank can be prosecuted who have acted in
good faith to disperse unlawful assembly.

6. Only superior Court:

Preventive measures of Magistrate regarding the immovable property in dispute u/ss 145 and 146: Following
measures can be adopted:

1. Order to parties to attend Court:

2. Written statements of respective claims:

3. Display of summon order at place:

4. Recording of evidences:

5. Attachment until decree:

6. Possession till legally evicted:

7. Making party of legal heirs:

8. Sale of perishables:

9. Withdrawal of attachment where no breach:

10. Appointment of receiver:

11. Prohibition to interfere in right:

Security for good behaviour u/ss 106 to 110: Under following circumstances security for good behaviour can be
demanded:

1. Breach of peace:

2. Abetting assault:

3. Criminal intimidation:

4. Keeping peace:

5. Seditious matters’ publication:

6. Vagabonds:

7. Having no ostensible means of subsistence:

8. Habitual offender:

9. Habitual robber:

How the public nuisance is removed u/s 133:

1. What is: It is a deprivation of a general public from the right or enjoyment at large.

a) Unlawful obstruction of way:

b) Trade injurious to health:

c) Construction of any building causes injury:

d) Construction is likely to fall:

e) Un-fencing:

f) Confinement of dangerous animals:

2. How can be removed:

a) Upon receiving of police information:

b) Cognizance of Magistrate: Only Magistrate of First Class can take cognizance.

c) Order of Magistrate:

i) Responsible shall remove:

ii) To cease carry such trade:

iii) Removal of goods:

iv) Prevent erection:

v) Repair building: Responsible shall repair the building.

vi) Support tree:

vii) Alter to dispose:

viii) To fence tank:

ix) To destroy or confine dangerous animal:

Medical Jurisprudence
Course Contents:

1. Medical Jurisprudence (with reference to autopsy and injuries).

Books Recommended:

1. Medical Jurisprudence & Toxicology by Dr. Moin-ud-Din and Mian Zahoor-ud-Din.

2. Medical Jurisprudence and Toxicology by Dr. S. Siddiq Husain and N. Pervaiz Ahmed Buttar.

Medical jurisprudence means knowledge of medical science for legal purposes. There are two types of laws, i.e., civil
and criminal. Criminal law deals with hurt, death, and purely with human body. Some crimes are committed to cover
actual offence like self induce. Some time a man is killed with injury and put into water or fire to conceal its evidence.

Importance of medical jurisprudence: This science is used in the following matters:

1. Right investigation: Body gets lose when injury is inflicted to it. It requires proper fixation of liability on the part of
offender.

2. Punishment: Proper investigation helps in the punishment to the offender.

3. Involvement: This science discriminates, the person actually involved and one who is wrongly charged.

4. Self-defence: Person maliciously involved in crime may put the results of the reports or laboratory in his defence.

5. Acquitance: Medical jurisprudence may get acquitted the person involved wrongly in an offence.

Terms, which are used in this subject, are as follows:

1. Physiology: Knowledge, which deals with structure of human body, is called physiology or anatomy. It also deals
with the functions or system of the organs of body during the time of health. There may be group of organs, which
perform or help in performance of single function. A man eats food, his body absorbs and digests it and finally it
is made part of the body.

2. Vicera: It is the function of single organ.

3. Pathology: It is the function of organs during the disease. It is knowledge and study of diseases.

4. Histology: It is normal and abnormal system of internal body. It is the study of body tissues.

5. Microscopy: It is part of histology.

6. Biochemistry: It is examination of the samples taken from human body like blood, urine, sliva etc. The study of
chemicals processes in organisms.

7. Cutameous: Part of bisep, which is inner part and trisep, which is outer part.

8. Pharmacology: In normal person medication may react in term of fever. It deals with the action of medicines, in
different parts of human body during health. Science of properties and values of medicinal drugs.

9. Therapeutics: Branch of medicine dealing with healing remedies.

10. Toxicology: It is reaction of over-dosage. Science of poisonous (toxic) substances.

11. Endotoxin: Internal poison, internal toxin.

12. Medial line of body: Line, which divides body into two equal parts.

13. Cephalic side: Side, which is towards head. Pertaining to head.

14. Distil side: Side, which is away from head.

15. Proximal part: It is a part of body, which is towards body attached or fixed or near to body.

16. Limbs: They are fixed parts of the body. Projecting appendage of the body, arm, leg, wing, large, or main branch
of a tree, mischievous child. Injured part of body.

17. Trunk of body: Two parts of body linked with it are limbs. Tubular limb on the face of an elephant.

18. Heart: Crdium is called heart. Bodily organ which pumps blood.

19. Lung: Lungs are called pulmon. Internal organ responsible for transferring oxygen into the bloodstream.

20. Head: Head contains skull and face. Skull contains brain. Uppermost part of the body containing the brain.

21. Face: It is apart from brain. Part of the body with the eyes, nose, and mouth.

22. Moveable part of brain: It is fixed in skull. Main organ of the central nervous system.

23. Vertebra (singular) or vertebrae (plural) are 33 or 34 in numbers: Each of the section of the backbone.

24. Peritoneum: It is a layer of connected tissues of abdominal organs with each other. Serous membrane lining the
abdominal cavity.

Neck contains seven vertebrae. First vertebra is called cervical atlis and second one is called cervical axis.

Next twelve vertebrae are called thoracic, next five linoler, next five pelvis, next four or five are called coccyx.

Body of trunk is divided in two portions, thoracic and abdominal. Basic structure is based on bones. Every bone
contains joints, which help in locomotive.

Skin

Dermis
Hypo-dermis Epidermis
(sensitive part of
(inner part) (outer part)
skin)

Sub-coetaneous – connective tissue.

Renal – Kidney

Gastrium – Stomach

Cardium – Heart.

Inter stitial space.

Pulmon – Lungs

Pericardium – which covers the heart.

Pericardial – fluid.

Plura – Layer of the lungs which covers.

Synovial fluid – It is fluid, which rests in between bones.

Brain – Menengies.

Dura Meter Spine. Part of the term “dura mater” membrane which covers the brain and spinal cord.

C. S. F. (Cerebro brain Spinal Fluid).

Lever – Hepatum.

Corner Court: An officer with the duty of inquiring into the matter of death of any person who is slain or dies in
suspicious circumstances, or in prison. In Pakistan a Coroner is an officer appointed by the Government to hold an
enquiry of deaths suspected as unnatural and suspicious in his jurisdiction and only Karachi city possess Coroners. In
other towns District Magistrates and other Magistrates are ex-officio coroners, although they seldom act as such.
Coroner’s Court is a Court of enquiry and not a Court of trial.

Duties of a Coroner: Following are the duties of Coroner:

1. Enquiry of unnatural deaths: He is responsible to hold enquiry in a case where dead body lying in his jurisdiction,
in those cases mode of death is sudden and unnatural.

2. Enquiry of suicide: This Court holds enquiry where mode is death is suicide or homicide (killing during self-defence
or justifiable). Manslaughter is a killing due to irresistible impulsion while murder is unlawful and unjustifiable
killing of human being.

3. Enquiry of accident and poisonous: Holding of enquiry of deaths caused in accidents and by poison.

4. Enquiry of roadside accident: Where any accident is happened at roadside, it also comes under the jurisdiction
of Coroner Court. This Court holds enquiry on such accidents.

5. Enquiry of police custody or in school: If death is occurred during police custody, in the Court of Law, in jail, while
asylum, or in certified school, Coroner Court holds enquiry to find out the reasons of the death.

6. Order for postmortem: This Court may also order for the postmortem or may call medical man to conduct such
thing so that root cause of the death may be found out.

7. Summoning medical personnel: Coroner Court may summon the medical personnel who have conducted
postmortem so that they may give evidence. They may be called in coroner Court.

8. Order for identification: This coroner Court may order for the identification of the dead body.

9. Appointment of deputy coroner: When coroner temporarily leaves the Court due to any reasonable cause such
as fever, may appoint deputy coroner to continue the functioning of the Court.

Difference between Coroner and Magistrate Courts: Both of the courts are different to some extent. Differences are
highlighted as under:
 Particulars
1. Type of Court:
2. Presence of Accused:
3. Punishment:
4. Contempt of Court:
Difference of inquest (enquiry): Inquest of both coroner and magistrate Court is different to some extent such as:
Particulars
1. Investigating officer:
2. Place:
3. Informing Magistrate:
4. Witnesses:
5. Warrant of arrest:
6. Summoning of doctor:
Coroner’s Court Magistrate’s Court
It holds mere enquiry. It is a Court of trial.
Presence of accused is not Presence of accused is legal
necessary during the enquiry. requirement during trial.
Coroner Court mere conducts Upto the extent of
enquiry by cannot impose jurisdiction, Magistrate
fine or punishment. imposes fine and
punishment.
This Court does not follow Every contempt is liable to
the rules of contempt of punish regardless the area of
Court but if contempt is commission of offence.
committed within the Magistrate has power to
precincts (area) of Court, punish offenders.
Court may punish the
offender.
Coroner’s inquest Police inquest
It is superior inquest than of Qualification of medicine and
police because expert person law is not obligatory where
conducts it. police officer inquests.
Uptill now it held only It is not held in Karachi. All the
in Karachi and all the other rest of Pakistan is subject of
areas are so far excluded. it.
Person who conducts the Police has to inform first,
inquest is not required to Magistrate then inquest is
inform Magistrate the started.
inquest.
Jury helps in reaching to Jury helps chosen at random
conclusion. Witnesses are not and require to sign the
required to sign the report.
statement.
For the purpose of inquest he Only Court can issue warrant
can issue warrant of arrest of where police is involved.
the accused. Police itself cannot issue
warrant. Police can arrest
accused only where offence
is cognizable.
Whenever presence of doctor Police cannot call doctor for
becomes necessary, it may evidence.
call doctor to give evidence.
 7. Exhumation: He can order for unearth or Police cannot order for the
disclosed of the grave. exhumation.

8. Analysis of viscera: He can direct analysis of any He cannot direct the analysis
of the organs or of their of viscera.
contents.

Conduct money: Court pays this amount to medical practitioner to cover his travelling expenses while coming for
evidence. In case conduct money does not cover the expenses, doctor may point out its inadequacy. In criminal cases
conduct money is offered after the evidence is recorded.

Exhumation (unearths or disclosed of grave): When any unnatural death is happened and dead body is put into earth
to conceal the causes of death then examination of dead body is required to determine the causes of death and to fix
the liability to accused. Grave is disclosed and dead body is taken and examined for the suspicion of a death because
of poisoning or any other foul play.

Order of exhumation: Only District Magistrate, Coroner, or Sub-Divisional Magistrate can pass such order for the
disclosure of grave. A police officer is not authorized to pass such orders. Exhumation is conducted during the
presence of Magistrate and not in the presence of police officer. This function can be performed only day light. To
start work in evening or night is prohibited. Preferable time for the exhumation is before the commencement of body
decomposition. In hot climatic conditions, dead body undergoes decomposition soon. As the time passes, required
results become quite difficult.

Time limit for exhumation: Pakistan and England do not follow any time limit for the purpose of exhumation. But
other countries, such as:

1. France allows 10 years,

2. Scotland provides 20 years, and

3. Germany permits 30 years for the disclosure of grave.

Identification: It is determination or establishment of a person either living or dead by recognizing him by certain
characteristics which are unique for him, i.e., finger print etc. To identify a thing or person is to prove that the thing or
person produced or shown is the one in question in the proceedings.

Need of identification in living persons: Identification is necessary in the living persons in following circumstances:

1. All medico-legal cases.

2. Absconding (escape or run away) criminals and soldiers.

3. Accused of murder.

4. Accused of assault of rape.

5. Mixing up of newborn babies.

6. Children who have been lost.

7. Adults who have lost their money due to any cause.

8. Property claims.
9. Insurance purposes.

10. Claim of pensions.

1. Importance of fingerprint:

a) Recognition:

b) Determination of liability:

c) Punishment to offender:

d) Two matcher in two millions:

2. In what cases:

a) Theft:

b) Murder:

c) House breaking:

d) Suffocation:

3. Methods:

a) Layer of printer’s ink:

b) Live scan:

4. When conducted:

a) To determine offender:

b) To determine offence:

While conducting an examination for identification it should be told very clearly that facts can go against the person.

The consents should not be taken in front of the police officers. It is very essential to obtain the consent of the person
before the conduct of examination. The person can refuse of submit himself for examination.

Need of identification in dead persons: Identification is necessary in the dead persons in following circumstances:

1. Explosions.

2. Fires.

3. Railway or plane accidents.

4. Floods.

5. A death where foul play is suspected.

Identification of race: Identification of race is important when people of different races are present as in air crashes,
railway accidents, and in unclaimed dead bodies found on roads. In Pakistan the main differentiation is between a
Hidnu and Muslim, the latter is circumcised (remove the foreskin of males) whereas the former is not.
Following points may help in identification of dead persons:

1. General look of the person.

2. Cephalic index.

3. Clothes.

4. Complexion.

5. Scalp hair (skin of the head excluding face).

6. Eyes.

7. Lips.

8. Tuft (cluster of hairs).

Identification of sex: Determination of sex in living persons is no problem at all. It is easy in normal cases, from external
examination, but difficult in cases of hermaphroditism, concealed sex, advanced decomposed bodies, skeletons, and
sometimes in a child with un-descended testicles. It is required in the following cases:

1. For simple identification in the living or dead person.

2. For the purpose of heir-ship, disposal of property, marriage, education, and liability for military service.

3. In case of impotence, rape, legitimacy, divorce, paternity, etc.

Examination should be thorough (a) of external genitalia and (b) internal bimanually and by rectal palpation and
microscopy of the gonads. If only the anterior abdomen is present and external genitalia have decomposed, their
distribution of hair may give a clue to the sex.

Identification of age: Identification of age is classified into two broad groups, i.e., identification in intrauterine life and
identification in extra-uterine life.

The estimation of age is only possible with some certainty upto 25 years. After that there is little on which to base an
accurate estimation of age. Certain retrogressive changes may aid in later life, but it is more or less a guess.

1. First month: Ovum is ¼ inch in diameter and is very difficult to identify.

2. End of second month: The ovum diameter is ¾ inch. Fingers and head may be seen. The neck is not formed.

3. Third month: Foetus is well developed and is 3 – 4 inch long. Neck is formed. Limbs are well developed. Fingers
and toes are visible. Sex differentiation is not present.

4. Fourth moth: Size is 5 to 6 inch. Sex differentiation is possible. Eyebrows are absent. Umblicus is very near the
symphysis pubis.

Quickening is a subjective feeling where the mother feels kicking movements of the foetus inside her.

In primi-gravida it appears at 18 – 20 weeks.

In multi-gravida it appears at 16 – 20 weeks.

 Importance of quickening: Punishment given to the mother for killing the baby is more if quickening had already
appeared at that time. Quickening is a sign of foetal life but much importance cannot be attached to this because
its time of appearance is not constant. It varies with the individuals.

5. Fifth month: Size of foetus is 7 – 8 inch. Ossification centers starts appearing calcaneum shows a centre of
ossification, which on transverse section looks, like a small pinpoint haemorrhagic spot. Later on, it occupies the
greater part of the end of the bone. Ossification centre appears in the upper division of the sacrum. Eyebrows are
absent. Meconium is present in the stomach.

6. Sixth month: Size of the foetus is 10 – 11 inch. Ossification centers in all four divisions of the sternum. Eyebrows
start forming. Eyelids are adherent as earlier. Testis (in male) lies near the kidney. Meconium comes into the upper
part of the small intestine. The jejunum is full.

7. Seventh month: Size of foetus is about 14 inch. Ossification centre appears in the talus bone. Eyelids are not
adherent, eyes can be opened and eyelashers have started forming. Lanugo hairs are present on the scalp. Vernix
caseora is present. Testis starts descending. Usually it is near the internal inguinal ring. Meconium is present upto
the ascending colon.

8. Eight-month: Last piece of the sacrum shows the presence of an ossification centre. Hairs are present all over the
body and are darker and longer. In males the left testis descends. In females the vulva is open. Nails are present
near the fingertips. Umblicus is midway between the symphysis pubis and the ziphisternum. Meconium is present
upto the pelvic colon. Foetus is 18 inch long.

9. Ninth month: Size is greater than 18 inch. Ossification centre appears in the lower end of femur. Scalp shows small
heir ½ inch long. Subcutaneous pad of fat is present below the skin. There is no wrinkling of foetal skin. The foetus
is like a well-developed child.

10. At the tenth month: Meconium fills upto the anal canal. Nails project beyond the fingers. Ossification centers
appears in the upper end of Tibia humerus and the cubiod bone.

Medico-legal importance of age: Crimes, which come u/ss 82 & 83 of Pakistan Penal Code, are subject of crime in
addition to other offences. Medical man is called upon to give opinion on age in the following cases:

1. Identity: Identity or identification is the determination or establishment of the individuality or a person. The
necessity for the identification of individuals is a matter of every day occurrence. It may be necessary in a living
person and dead person.

2. Criminal responsibility: A child under 7 years is presumed by law to be incapable of committing an offence and
is therefore exempt from punishment except u/s 140 of Railway Act (wrecking or attempt to wreck a railway
train).

A child above 7 years and below 12 years is presumed to be capable of committing an offence if he has attained
“sufficient maturity of understanding to Judge of the nature and consequences of his conduct on that
occasions”. Law presumes this maturity of understanding, unless contrary is proved by defence.

A child under 12 years cannot give a valid consent, say for a Surgical operation – for his written consent should be
taken from the parent or guardian.

3. Marriage contract: A boy or a girl, who has not attained puberty, is not competent to enter into a contract for
marriage but he or she may be contracted in marriage by his or her guardian. In the absence of evidence to the
contrary a Muslim girl is presumed to have attained puberty at the age of fifteen (raised to sixteen by Family
Laws Ordinance). Age of boy must be 18 years for contract of marriage for arranged marriage.

A boy below 21 years of age and girl below 18 years of age cannot have a marriage by civil rights.
4. Kidnapping: Offence of kidnapping consists in taking any minor under 16 years of age if a male or under 18 years
of age if a female out of the keeping of his or her lawful guardian, without the order that such person may be
murdered or subjected to grievous hurt or slavery is punishable with enhanced punishment.

To constitute an offence of procuring a girl for purposes of prostitution, illicit intercourse her age should be less
than 18 years.

5. Abduction: If a person compels another by force or induces by deceitful means to go from one place to another,
he would be guilty of abduction. Under our law abduction is not an offence by itself, it must be done with one
of the intentions set out in Ss. 364 to 366 of the Pakistan Penal Code the intention being that the person
abducted may be either murdered or be secretly and wrongfully confined or when the person abducted is a
woman shall be compelled to marry against her will or may be forced to illicit intercourse. Age of boy should be
under 16, of girl, under 18. To import a girl from a foreign country, for prostitution her age should be below 21
years.

6. Rape: Rape is sexual intercourse with a woman without her consent or against her will. Under our law a woman
less than 16 years of age can never be a consenting party. The word “woman” denotes a female human being
of any age if the wife is under 15 years of age and is not a consenting party, the husband may be guilty of rape
on his wife.

7. Attainment of majority: A person becomes major when he completes 18 years of age. This period of 18 years
gets extended to 21 years if his property has been under the superintendence of a Court of Wards or if a Court
of justice has appointed a guardian. At this age he gets all the civil rights of a citizen and can sell or buy property
but he gets the right to vote only at 21 years but present government has reduced the age of voter from 21 to 18
years.

A minor is incapable of selling his property or making a valid Will or serving on jury.

8. Competency as a witness: Under our law every person is competent to testify unless he is prevented by
immature understanding or defective intellect from comprehending the question put to him and is incapable of
giving rational answers. Intellectual capacity is the only test and if a person can give a rational account of what
he has seen or heard or done at a particular moment his competency is established. The only grounds of
incompetence that the law recognizes are those that arise from defect in intellect on the part of the witness,
viz. that arises from infancy, lunacy, drunkenness, etc. If due to old age, illness, emotional stress, etc., he is
notable to understand the questions put to him he is not allowed to give evidence.

9. Eligibility for employment: For government service ordinary limit is 25 years. For Pakistan Health Service age is
35 years. Factory Act prescribes 18 years.

No child is allowed to work in factory, if he is below 14 years, and no person below 17 years is allowed to work in
a mine.

Adolescents (young, immature) are those who are between 15 to 18 years and children are those who are below
15 years.

Standing for election to National or a Provincial Assembly is not less than 25 years.

10. Judicial Punishments: The punishments to which offenders are liable under the penal code are, death,
transportation, imprisonment which is either rigorous, that is with hard labour, or simple, forfeiture of property,
and fine. At the time when penal code was enacted, sentence of transportation meant transportation beyond
the seas. But since the abolition of the penal colony (Andaman Islands), a prisoner sentenced to transportation
is kept in one of the jails in Pakistan where he is dealt within the same manner as a prisoner sentenced to
rigorous imprisonment.
 A person who commits a crime but is below the age of sixteen is termed as a “juvenile offender” and death
sentence is usually not ordered to such persons. Such persons are tried by the juvenile courts and are sent to
reformatory jails till they attain the age of eighteen. After that they can be transferred to regular jails.

A youthful offender may also be committed to the care of his parents who would have to fill a bond that they
would be responsible for his well-being and good behaviour for at least a period of three years.

There is no provision of law that sentence of death shall be passed on a person of or above 16, but not more
than 18 years of age, though it is very rarely that murderer under 18 is sentenced to death.

11. Infanticide (killing of mature baby before birth): The charge of infanticide fails if it is proved that foetus was
below 6 months of pregnancy, as an infant born at this period is not capable of a separate existence after birth.
Where infant became mature and thereafter he is killed before birth comes under infanticide.

12. Criminal abortion: It is necessary to find age of foetus and mother to find whether mother has passed the child
bearing age or otherwise.

If the abortion is made before six months of pregnancy then it shall not be criminal charge.

How the medical certificate is made: Following are the requisites of medical certificate:

1. Written application: Person desirous to have Medical Certificate to know the age must submit written application
duly signed.

2. Reasoning: Application must include the purpose for which Medical Certificate is required indicating age.

3. Consents of individual: If the person under examination is below 12 years, his guardian shall give consents for the
determination of age. If person under examination is above 12 years, he himself may give consents.

4. Presence of female attendant: Where female is under examination by a male doctor, a female attendant other
than relative must be present. This is protection, which is provided to avoid any expected outrage by male doctor.

5. Undressing method: Male doctor cannot undress female for examination. Only she herself or female doctor or
nurse may undress her.

6. Presence of police: Policeman or Policewoman may present during examination accordingly, but relatives are not
allowed to be present.

How the medical report is written: Following are the contents of the Medical Report:

1. Name of the person examined: Report includes the name of the person who is examined.

2. Father or husband’s name: Report also includes the name of father or husband of the person examined.

3. Age stated by person under examination: A person when applies for age determination states his age which he
knows or believes. It must be made part of medical report.

4. Address of person: Person under examination where resides must be mentioned in medical report.

5. Date and time of examination: Date and time of examination is important and are used later to prove or disprove
of the findings of the examiner.

6. Menstrual or onset of menstrual history in case of female: Where female is under examination, her state of
manses also be mentioned in medical report.
7. Findings: Doctor mentions the findings, which he has found during examination.

8. Opinion on the basis of findings: Mere mentioning of findings is insufficient. Doctor has to set his opinion on
the base of findings in report.

9. Complexion and features: Colour and features of body are important in determination of age and must be
included in report.

10. Hair and its distribution: Hair resists putrefaction and is hence important in identification. Africans have cotton
wool like hair, whereas Pakistanis have dark and fine hair.

11. Anthropometry: It is measurement of the human body and its proportions. This consists in taking the
measurements of various parts of the body and from them to identify the person. This system is used in
identifying criminals.

12. Finger and footprints: The finger, thumb, and footprints of two individuals are not identical. This fact is helpful
in identifying criminals. The foot and fingerprints appear at the 4th month of the intrauterine life and remain
constant throughout life.

13. X-rays and ECG: Identification on the basis of X-rays can help when there is a known abnormality in a person, e.g.,
dextrocardia (condition in which the heart is on the right side of the body). This can be differentiating feature
from a person of similar identification.

14. Amount of illumination required for identification: The amount of illumination present affects the identification
of a person. A stranger cannot be recognized in less light. A flash of light may be enough for identifying a person
as well as daylight. It is possible to identify a person in the flash of a firearm. In moonlight with a full moon a
person can be identified if he is within 17 yards distance or even more in cases of very familiar people. In the light
of a lantern one can identify a person only within two feet distance. In the light of lamppost a person can be
identified even at a distance of 50 – 100 yards.

Syncope (unconsciousness): It may have following causes:

1. Anaemia, due to sudden and excessive hemorrhage (lose blood) either external, or internal.

2. Asthenia (weakness) from the deficient power of the heart muscle, e.g., fatty degeneration, aortic regurgitation,
myocardial infarction, and certain poison, etc.

3. Shock by inhibiting the action of heart as sudden fright (horror, terror), blows on the head or epigastrium (solar
plexus), drinks, a large quantity of cold water when in a heated condition, sudden evacuation (removal or
discharge) of natural or pathological fluids from body, etc. Sudden pressure on the carotid sinuses in the neck.

4. Symptoms of exhausting diseases: Face and lips pale (colorless, bleach, or white). Pupils dilated (full, increase),
cold perspiration (sweat, wetness), feeling of sinking, restlessness, air hunger, noises in ears, gasping (struggle
for breathing) respiration (breathing), nausea, and may be vomiting. Low blood pressure pulse slow and weak in
anemia and rapid in asthenia, slight delirium (insanity, madness), insensibility and convulsions (upset) before
death. In collapse, the patient is conscious.

Postmortem appearances: Heart contracted and chambers empty, when death due to anemia. Both chambers contain
blood in death due to asthenia, lungs, brain, and abdominal organs are usually pale.

Death: Shapiro has defined death as the irreversible loss of the properties of the living matter and he made a definite
distinction between the properties of the whole person and those of his component parts. He holds when the
properties of the whole person are irreversibly lost, the person is legally dead and there can be no objection to the
removal and preservation of the living matter in his component (basic, fundamental) parts, as cornea, etc. How
difficult it is to decide, whether irreversible changes have occurred is shown by the account of the revival of a boy,
who had been under water for twenty minutes and suffered apparently irreversible changes and yet survived with
complete recovery.

Hanging: It is a condition where there is constriction (tightness, stricture, squeezing) of the neck because of a ligature
(connection, link, tie) around the neck, the constricting force being the weight of the body or of head.

Judicial hanging: In cases where a long rope is used for hanging and the victim is suddenly dropped from a height of
5 to 7 feet resulting in a fracture – dislocating of the cervical vertebra. This compresses the medulla oblongata causing
immediate stoppage of respiration. Usually the second and third cervical vertebra re involved.

Kinds of Injuries

Mechanical Injuries Thermal Injuries Chemical Injuries Other Forms

Due to Due to Corrosive Corrosive

Bruises Abrasion Wound Electricity Radiation
Cold Heat Acids Alkalis

Wound

Incised Lacerated Stab Fire Arm

Due to Cold

Frost Bite Trench Foot Immersion Foot

Due to Heat

Burns Scalds (burning with liquid or water)

Wound: It is a solution of the natural continuity of any of the tissues of body, both externally or internally caused by
violence or traumatism (shock).

Dissolution of the natural continuity of any tissue of the body is known as wound.

Injury u/s 44 Pakistan Penal Code: Any harm whatever illegally caused to any person in body, mind, reputation, or
property is called injury. Harm caused to body by slap or club etc. is injury.

Suffocation: It is that form of death, which results from the exclusion of air from the lungs by means other than
compression of the neck. Where passage of respiration is blocked such as mouth or nose by means of lose of oxygen
is suffocation.

1. Smothering (stuffy, heavy, closure of breathing): It is closure of mouth and nostrils by hand or any other material.
The inexperienced mothers may cause suffocation. The infant is brought close to the chest while suckling. Rarely
it is homicidal.

2. Gagging (binding of mouth) or choking by a foreign body: This most often accidental due to meat particles, bone,
peas, or secretions, aspirated from the gastrointestinal tract to the respiratory tract causing partial asphyxia.
3. Pressure on chest: Overlaying of an infant, by its mother during sleep. This is accidental and rarely homicidal. When
homicidal, signs of struggle are evident. Compression of chest results in injury to the chest together with fracture
of ribs.

4. Traumatic (fearful, alarming, awful) Asphyxia: If pressure on chest is sudden which results in instantaneous
(immediate, quick, instant) death, this is called traumatic asphyxia. This is often seen in railway accidents. Usually
the upper part of the body is bluish with a line of demarcation, below which it is normal. It is also caused by the
pressure on chest as being crushed in a crowd or fall of a heavy wall, etc.

5. Inhalation of irresperible gases: Inhalation of irrespirable gases, e.g., CO, CO2 etc.

Procedure of examining an injured person and medico-legal report of wound: Following steps are to be taken in the
examination of injured person and preparation of medico-legal report:

1. It is better that the place of the incident to be examined by the medical person who has examined the injured
person with the object to issue medico-legal report/ certificate. But practically due to certain reasons it may not
be possible.

a) Non-availability of medical officer.

b) Complicated criminal procedure.

c) Emergency/danger of life of an injured person.

d) Other customary or unavoidable necessary circumstances etc.

2. During the course of examination of injury, the following points should be taken into consideration.

a) Number and nature of injuries, i.e., each injury should be noted as abrasion or incised wound or fracture or
dislocation and it should to be mentioned consecutively and should be numbered consecutively.

b) Place of each injury should be carefully noted.

c) Size, shape, and direction should be observed and condition of each should be noted.

3. Record regarding classification of injury such as sample, grievance, or dangerous should also be mentioned, and

4. Any detection regarding suicide, homicide, accidental, or any suspicion regarding these may also be observed and
noted because in the Court of law medical jurist may be asked that whether the injuries are suicidal, homicidal, or
an accidental.

Basic data for preparation of report: The necessary information to be recorded about the patient may include:

1. Name, age, and sex of victim.

2. Address.

3. Date, time, and place of examination.

4. Identification mark of patient.

5. Height and weight of patient.

6. Statement of the injured person and in case of death of the victim, the cause of the death must be recorded
alongwith postmortem report.
The above report must also show record regarding:

1. Number of samples collected.

2. Contents collected.

3. Any smear or slides prepared/made for microscopic examination. All that must be properly sealed and a copy of
these records must be available of the hospital concerned.

All these samples or contents are presented for laboratory or chemical examination and reports submitted to police
are given to concerned person and must be signed by medical personnel and dated. Any injury or wound kept under
observation for which final opinion was not given must be expressly recorded and the same must be completed before
filing report to the Court for further proceedings.

When postmortem is conducted? What is its importance in criminal trial? What is postmortem examination? Draw
an outline of postmortem. Which types of deaths necessitates it? Discuss in detail. What are the objectives of
postmortem examinations?

Introduction: In the present age of scientific knowledge and technology, medical jurisprudence has got great
importance in civil and criminal cases. With the help of medical science and process of postmortem we can know about
the cause of the death and can identify dead person. Forensic medicine plays an important role in guarding the safety
of each individual in the community, and ensuring that any accused person is not unjustly condemned.

Postmortem examination helps in knowing the cause of death, and by the help of this examination we may find out
evidence to reach the accused.

Under Article 59 of the Qanun-e-Shahdat Order, 1984, the opinion of doctor is a relevant fact and under Article 164 of
the same Order, Court may consider any evidence that may have become available because of modern devices or
techniques.

Under Qanun-e-Shahdat Order, civil, and criminal postmortem reports have adopted to decide matters neatly and
fairly. In the coming paragraphs we will discuss the objects and importance of the postmortem examination in detail.

Meaning of postmortem examination: According to the book of Parekh’s Text Book of Medical Jurisprudence and
Toxicology:

Post = after

Mortem = death

Postmortem examination means, to have view of dead body after death. Postmortem examination is a special type of
scientific examination of a dead body called out under the laws of the state for the protection of its citizens and to
assist the identification and prosecution of the guilty persons.

When postmortem is conducted and objects of medico-legal autopsy (postmortem for the determination of cause
of death): The objects of medico-legal autopsy are following:

1. To determine the identity of a person.

2. To determine the cause of death whether natural or unnatural, if unnatural, whether suicide, homicide, or
accidental.

3. To trace the evidence if it has been left by the accused on the victim.

4. For determining the time since death.

5. In case of newly born infants to the question of live birth and viability of the child.

6. In case of mutilated structure remains, to determine if they are human, the probable cause of death and
approximate time since death.

7. In case of accident to determine that his death was really due to accident.

Importance of postmortem in criminal cases: Postmortem report has great importance in criminal cases, especially in
murder cases. It plays an important role to determine the liability of the accused in trial. The importance of
postmortem report in criminal trials is given below:

1. Determination of the identity of a person: Identification of a dead body means the determination of the
individuality of the dead body. Identification is required in cases such as insurance, disputed sex, murder cases,
etc. Due to postmortem examination we can recognize the victim or any other dead person.

2. Determination of cause of death: In every murder case, it is a basic question that what is the cause of death.
Whether it is natural or unnatural. If the cause of death is unnatural, it is decided by the postmortem report
whether it is homicide, suicide, or accidental death.

In every criminal trial where Medical Officer has prepared postmortem report, he has to attend Court and give
evidence. Every Medical Officer is cross-examined by the counsel so his opinion has great weight in criminal trial.

Case law – PLD 1965, Dacca 425: Held postmortem report by itself is no evidence. It can be relevant only when the
concerned doctor is examined in Court.

Case law – PLJ 1973, Lahore 257: Held medical evidence supporting natural witness safe to rely upon testimony of
natural witnesses.

Case law – PLD 1972, Peshawar 92: Held statement of an expert stands on precisely same footings as that of any
other witness and may not be accepted by Court.

By the help of postmortem examination we can know that the death is due to strangulation (choking), suffocation,
throttling, or due to drowning. If a person has been murdered with the help of poison, postmortem examination
would reveal the actual situation.

3. Recognition of accused: Postmortem report is very helpful to recognize the accused. We can trace fingerprints
from the body of the deceased person.

If bullet remains in body and weapon of offence is recovered from the accused, report of Forensic Science
Laboratory and postmortem report can easily determine the accused. Postmortem report tells us the nature of
the wounds and arms expert tells us what kind of weapon caused injuries and in what nature.

4. Evidentiary value of postmortem report: Postmortem report is relevant under Article 46 of Qanun-e-Shahdat
Order, 1983.

Postmortem is also relevant under Article 49 and 59 of the Qanun-e-Shahdat Order, 1984.

Case law – NLR 1994 SC 104: Held medical evidence may confirm ocular evidence with regard to seat of injury,
nature of injury, kind of weapon used in occurrence, duration between injuries and death, and presence of injured
Prosecution Witnesses or accused on spot. It would, however, not connect accused with commission of crime.

5. Infanticide: Infanticide means the unlawful destruction of a newly born child, and the law regards it as murder. It
is punishable u/s 302 of the Pakistan Penal Code by death or transportation for life and compensation.
 By the help of postmortem examination we can know that infanticide has committed or not. Autopsy of infant
reveals the cause of death.

6. Determination of time since death: In criminal cases the questions when death took place has most importance.
The time of the death is a circumstantial evidence and is relevant in every murder trial. Postmortem report
determines the time of death so in this way we can reach to the accused easily.

Provisions of Code of Criminal Procedure relating postmortem: According to the Ss. 174, 175, and 176, some rules
have been designed in connection to postmortem.

Whenever any Police Officer empowered by the provincial government receives information that a person has
committed suicide or has been killed by another person or by an animal or by machinery or an accident or has died
under circumstances raising a reasonable suspicion that some other person has committed an offence shall
immediately give intimation thereof to the Magistrate and if this officer considers necessary that postmortem is
necessary then he would send dead body to the nearest hospital for postmortem.

The postmortem examination is a very important piece of evidence in criminal trials. If Police Officer do not act u/s
174 of Code of Criminal Procedure then this action is offence under Ss. 217 or 218 of the Pakistan Penal Code.

7. Determination of age: The postmortem examination is very helpful for determining age of the dead body. Due to
the examination age of the dead person may be determined, when in a criminal case or civil litigation the question
of age arises about the dead body. There are many examinations, which can be adopted for determining the age
especially with the help of postmortem examination.

8. Determination of sex: When the dead body has badly damaged, then the question of sex may arise. Due to the
postmortem examination it is very easy to determine the sex of the dead body, so postmortem examination plays
an important role to solve lot of problems.

Outline of postmortem examination: Following is the outline for the postmortem:

Essential requirements of a medico-legal autopsy: The essential requirements of a medico-legal autopsy are
following:

1. It should be performed by a registered medical practitioner.

2. The examination should be meticulous (concerning minute details) and complete, all findings should be
mentioned.

3. All information must be prescribed by written records, stretches, relevant photographs, and radiographs, when
possible.

4. Evidentially material when revealed should be prescribed properly.

5. The doctor should provide a factual and objective report to the law enforcing agencies.

Precautions for medico-legal autopsy: As a rule, the following precautions should be taken in carrying out a medico-
legal autopsy:

1. Authorization.

2. Identification.

3. Visit to place of occurrence.

4. History of the case.

5. Examination.

6. Verification of the injuries noted by the police.

7. Preservation of viscera (internal organs).

8. Notes.

9. List of articles.

10. Chain of evidence.

Procedure of postmortem examination: There are various procedures for autopsy, yet it is the training, skill, and
experience of the pathologist that matters most. The technique of autopsy is learnt by practice only. In the coming
paragraphs we draw an outline of the medico-legal autopsy.

External examination: Those observations likely to be of significance in relation to the objects of a medico-legal
autopsy are specially looked for and these include:

1. Date for identification: A brief general description of the body should be given as regards, sex, age, colour, race,
hair in various parts of the body with their length and colour, colour of the iris (eye ball), bony framework,
deformities etc. for the purpose of identification. The general condition of the body should be mentioned where
poisoning is suspected, weight of the body must be recorded. Height of the body should be recorded when
question arises about the assault.

2. Detailed examination of clothing, etc.: The clothing should be examined and described as regards its nature and
condition, nothing any tears, loss of buttons, or disagreement indicating a struggle, cuts, holes, burns, or
blackening from firearm discharges should be described. The odour, if any, should be noted. Stains on clothes due
to poisons, vomit or facial matter should be kept for analysis.

3. Examination of whole body pointing directly or indirectly cause of death: The doctor should examine the whole
body with reference to point the cause of the death. The condition of natural orifices (opening hole), viz., nose,
mouth, ears, urethra (blood vessel), vagina, and arms should be observed and taken. The doctor should observe
the external inquires such as abrasions, bruises wounds, hurts, scalds (burn with hot liquid), and rocking of hair
should be recorded systematically with full descriptive details and measurements. All an important parts of the
body for instance, tongue, neck, head, and hands must be carefully examined.

4. Photographs should be taken: A certain minimum number of photographs with a scale in position are essential.
In this way we easily may identify the dead body. Photographs are necessary to document stains and injuries and
to correlate external and internal examination and correlate internal and external injuries. In absence of
photograph facility, sketches should be made.

5. Application of a knot: In the case of a cord or ligature sound the neck, its exact position, manner, and application
of a short or knots and its material should be noted.

6. Estimation of the time since death: The estimation of the time since death is difficult but an approximation is
possible if proper observation is made from the beginning. The points to be ascertained include rectal and
environmental temperature, the presence and extent or absence and extent or absence of rigor (hardness)
mortis (stiffening body after death), the incidence, extent, colour, and degree of fixation of postmortem lividly,
and the presence, character, and extent of putrefaction.

7. Direction of blood: The direction of blood smears and the signs of spouting (flowing) of blood should be noted, if
any.
Internal examination: All the three cavities of the body, viz., skull, thorax (chest), abdomen should be opened and
examined, as a routine. No autopsy is complete until all parts of the body have been examined and dissected (analyze
part by part) in detail. Generally a medicine incision (surgical cut) is made from just above the thyroid cartilage (tough
flexible tissue) to the symphysis (growing together) avoiding the umbilicus and any injuries in the incision are made (I
shaped incision). Now we discuss the method and objects of opening the major parts of the body.

Skull and brain: Under skull and brain we shall discuss the following:

1. Incision (surgical cut) – I: Make iodine incision of scalp from mastoid over the vertex (peak, highest) taking care
not to cut large mass of hair. Note any injury, petechial hemorrhage, or edema. Note any depressed fracture, and
if present, record its dimensions and contour.

2. Incision – II: Incise the temporalis muscle about its middle on each side. Saw and remove the skull cap, the line of
severance (cutting or breaking off) following a point most above the superciliary (related to the eyebrow) ridges
(fold) in front and through the occiput (back part of the head or skull) behind and preferably making an angle of
120 degrees between the anterior cuts. Case should however be taken not to produce any postmortem fractures
and damage.

3. Ducal examination: Examine the ducal flow outside for extra ducal hemorrhage and superior sagittal (resembling
an arrow) sinus for antemortem (before death) thrombus (blockage). Determine the weight and volume of extra
ducal hemorrhage, if present.

4. After that sub ducal hemorrhage should be examine.

5. Obtain CSF sample by aspiration with Pasteur pipette (pipe, receiver, tube) from the base of the skull.

6. Examine the remaining venous and the caramel cavity for antemortem (before death) thrombi.

7. Remove the pituitary by chiseling the posterior clinoid processes and inclining the diaphragm alone is sufficient
in many cases.

8. Pull out the ducal and examine the base of the skull and the rest of the cranial cavity for any saline.

9. Remove a wedge shaped portion of the petrous (rocky, stony, hard) temporal bone and examine the mastoid
for any collection of pus, hemorrhage, or fluid in the middle ear.

10. Input the skull cap for fracture by holding it against light or tapping it on table.

11. Examine the brain for swelling, shrinkage, or permeation (penetration).

12. Cub the cerebellum through the vermis to expose the fourth ventricle. Make an oblique cut through each
hemisphere to expose the dentate mucous. Examine for any disease inquiry or hemorrhage.

Spine and spinal cord:

1. Turn the body over the face with a block beneath the thorax. Make a routine midline incision from the base of the
skull to the sacrum. Remove the spinous processes and attached laminal en masse(made up of layer upon layer
together).

2. Examine the ducal for any pathological condition, such as inflammation, hemorrhage, suppuration, or tumor. Cut
the spinal nerves from below upwards as they pass through the spinal foramina. Separate the cord at the foramen
magnum, carefully lift it from vertebral column, and place it on the table.

3. Examine the cord carefully for any pathological condition such as softening, hemorrhage, inflammation, etc.
Thorax: Open both thorax and abdomen by a longitudinal in union from above the middle of thorium to the pubic
bone. Keep wide away from any wounds and infants away from umbilicus. Fascia and muscles are reflected and
abdominal cavity opened and any collection of blood, serum, or pus, or fecal mater noted.

Examine pericardial cavity for any adhesions or abnormal quantity of fluid. Examine heart condition of chambers, any
valvular disease, presence of blood, or clot or wrongly thrombosis, etc.

Examine bronchi for pent-up (confined) expectoration, pus, or any foreign body.

Abdomen – peritoneum: Note adhesions, inflammation, exudation, lymph blood, or clots, etc. and its amount,
measured with an ounce measure.

Stomach: Ordinary it is examined by making a cut in situ, note nature and quantity of contents and degree of digestion.
After emptying its contents, examine mucous membranes for congestion etc. Any suspicious particles are picked with
forceps and placed in a small phial for chemical analysis. Note contents for smell colour, character, foreign bodies’ etc.

Intestine: Pieces are removed after ligaturing (connection) at both ends, cut longitudinally (lengthwise) etc. In
suspected poisoning, send pieces and contents of chemical examiner.

Liver: Note any injury or disease, congestion, etc. and take its weight. Normal size (12” x 7” x 3½”) in suspected
poisoning send pieces and contents to the medical examiner.

Spleen (gland link): Note injury, congestion, size, and weight. In case of rupture (break) note its size and position
(normal size 5” x 3” x 1”).

Kidneys: For injury, disease, stones, congestion, etc. Adrenals for hemorrhage.

Bladder: For disease, inflammation, stones, injury, etc. amount of urine is checked. In suspected poisoning urine is
sent for chemical analysis. Also prostate and tests should be sent for analysis.

Uterus: Note if empty or gravid (pregnant). If pregnant, find age of foetus. Any disease? Foreign bodies in vagina or
uterus.

External genitalia (sexual organs): In females, hymen, if present or absent, take vaginal swabs.

In males: Note circumcised or not.

Intestines: These have already been separated and kept aside in a sink. Open the small intestine with an enterotome
along the line of mesenteric attachment. Examine contents and mucous membrane. Examine appendix for any
pathological condition.

Tests: The deep aspects of the inguinal (of the groin) canal from beneath the reflected skin are cut. Spermatic cords
are identified at the inguinal ring. The tests are removed from the scrotum by separating them from the inside of
scesfal sac (membranous pouch) by gentle bunt dissection with scissors, examine injury especially cushynosis. Deaths
due to squeezing of tests are known.

Skeleton: Make a detailed inspection of skeleton for any deformity or fractures. Vertebrae ribs, pelvis, long bones,
etc. especially in cases of violence and vehicular accidents. Examine carefully vertebrae, ribs, pelvis, long bones, if
homilies is required, it can be obtained from the sternum (breastbone).

Procedure in poisoning: To determine whether death was due to poison or not, it is necessary to collect right material
in reasonable quantity. Many poisons are ingested, for instance:

1. Alcohol (chemical compound containing an alkyl group and a hydroxyl group).

2. Barbiturates (drug used as a sedative).

3. Carbon monoxide and coal gas.

4. Chloroform (volatile poisonous liquid).

5. Corrosive poison.

6. Arsenic (type of poison substance).

7. Hydrogenic acid.

8. Injected poison.

9. Pesticides.

Since many poisons are ingested, and after option pass through the liver and spleen are excreted via the kidneys in
urine, the following material should be strictly preserved in all cases in respect of the poison:

Material Quantity

Stomach Whole

Stomach contents 300 ml

Small intestine 100 cms

Small intestine contents 100 ml

Liver 500 gms

Spleen Half in adult and whole in children

Kidneys Half from adult and both kidneys from children

Urine 100 – 2000 ml

Blood 5 – 10 ml

Addition viscera: Additional viscera and material may also be required in certain cases of poisoning and under some
special circumstances. For example:

Alcohol 100 ml

Corrosive poison Skin at least 2.5 cm

Special circumstances of poisoning: In special circumstances, the following material should also be collected:

Blood in one-ounce capacity, CSF, Bone, Bone mallow, Maggots, Muscle, Nails, Skin, and Urine.

All the collected material should be preserved carefully and sent to the Forensic Science Laboratory.

Disposal: Suture and wash the body and hand if over to the police, under a receipt, for further disposal. The skin
surfaces should be opposed and stitched in such a way that bleeding is prevented.
Cause of death and autopsy report: When the autopsy is completed, the medical officer must form an opinion as to
the cause and mode of death and probable time since death whenever possible.

The detailed postmortem report is written in triplicate. One copy is sent to the investigating Police Officer, another to
the Superintendent of Police, and third retained as office copy.

The report should state the authority ordering the postmortem, the name of the deceased, the date, place, and time
of examination and the names of the persons identifying it. A complete description of the external and internal
examination including detailed description of the inquiries, their age, etc., is then given.

1. Introduction.

2. Meaning of postmortem examination.

3. When objects.

4. Importance.

a) Identification of body.

b) Identification of accused.

c) Determination of age.

d) Date of sex.

e) Infanticide.

f) Time since death.

g) Cause of death.

5. Evidentiary value, 47 – 59, 164.

6. Provisions of Code of Criminal Procedure relating to the postmortem 174 – 176.

7. Outline of the postmortem report.

a) Essential requirements of medical autopsy.

b) Precautions for medico-legal autopsy.

c) Procedure to postmortem.

i) External examination.

(1) Data for identification.

(2) Examination of clothing.

(3) Examination of whole body pointing directly or indirectly to the cause of death.

(4) Photographs should be taken.

(5) Examination knot.

 (6) Estimation of time since death.

(7) Direct of blood.

ii) Introduction.

(1) Skull and brain.

(2) Spinal and spinal cord.

(3) Thorax between neck and stomach.

(4) Stomach.

(5) Peritoneum.

(6) Intestine.

(7) Liver.

(8) Spleen.

(9) Kidneys.

(10) Bladder.

(11) Uterus.

(12) External Genitalia.

(13) Testes.

(14) Skeleton.

d) Procedure.

e) Disposal.

f) Cause of death and autopsy report.

8. Conclusion.

Describe various types of injuries and their value in assessing the guilt of the accused.

Introduction: An injury is a solution or disruption of the anatomical continuity of any of the tissues of the body. U/s
332 of Pakistan Penal Code, 1860, harm, disease, infirmity, or injury to any person or impairs, disables, or dismembers
any organ of the body or part thereof of any person without causing his death, is said to cause hurt. There are various
types of injuries, which may be caused to any person. In the subject of medical jurisprudence injuries have been
clarified in several kinds, because they caused in different circumstances.

Assessment of hurt is most necessary in criminal trial, without assessing the hurt; we cannot assess the punishment.

Meaning of injury: An injury or a would means a solution or disruption of the anatomical continuity of any of the
tissues of the body.

Various types of injuries: Injuries are classified in various types in the coming paragraphs. We discuss in brief:
1. Mechanical injuries: Injuries caused by the application of physical violence to the body are known as mechanical
injuries.

Mechanical injuries are classified in technical languages as follows:

a) Abrasions: The effect on a surface or scraping caused by rubbing. An abrasion is a superficial only on surface
injury involving only the superficial layers of the skin. Friction or presence between the skin and some rough
object causes it. There are different types of abrasions, given in following:

i) Scratch: An injury resulting from pins, finger, needle leads to scratch type of abrasion.

ii) Graze: A graze is an injury which is produced when a blood surface of skin slides or scrapes against a rough
surface. It is commonly the result of traffic accident.

iii) Pressure abrasion: When the skin is crushed as a result of high-pressure. This type of abrasion is called
pressure abrasion.

iv) Impact abrasion: This abrasion results from the body coming in rough contact with a rough surface, e.g.,
tyre treated.

b) Bruises: A bruise is an infiltration of blood into the tissues, following the rupture of vessels, usually capillaries,
as a result of the application of blunt force, e.g., a stick, stone, or fist. Usually, it is subcutaneous (situated
under the skin) and there is no solution in the continuity of the skin.

It varies in size from a small pinhead bleeding to a large collection of blood, known as a hematoma
(accumulation of blood).

Bruises are usually round but they may indicate the nature of the weapon used. Certain diseases can produce
confusion like whooping enough, haemophilia, due to very little pressure or right blow. Bruises may be
homicidal, suicidal or accidental. An approximate age of the bruise can be determined either from colour
changes or histologically (study of tissues).

c) Lacerations: These are wounds in which the skin and underlying tissues are torn as a result of the application
of blunt force. It is more of tearing of tissues rather than simple cutting of tissues. These wounds are produced
by blunt instrument, fall on sharp and hard instruments, roadside accidents, railway accidents, injury by claws
and teeth.

Depending upon the manner in which they are produced they are classified into:

i) Split lacerations.

ii) Stretch lacerations.

iii) Avulsion.

iv) Tears.

Characteristics: Following are the characteristics:

1. Margins of the wound are irregular.

2. Deeper tissues are also torn.

3. The swelling extends the site of actual injury, etc.

 4. Foreign bodies like earth material, oil etc., may be found inside the injury.

d) Incised wounds: An injury caused by sharp cutting instrument resulting in clean-cut wound through the tissues
in an incised wound. The instruments usually are knife, scalpel, razor, sword, and axes, etc.

The injury varies in sharpness according to the character of the weapon and the nature of the stroke made.
The wound is normally straight but may be irregular.

The curved weapon may cause this injury, e.g., sickle, tangy etc.

e) Stab wounds: These wounds are produced by sharp or blunt instrument being driven through the skin into
the deeper structure. The instruments generally used are knives, daggers, sickles, pins, needles, and scissors.

Stab wounds are of two types:

1. Penetrating wound: Here the penetrating object pierces the skin and deeper structures to entire into one
of the natural cavity of the body, e.g., thorax abdomen etc. The wound has an entrance only.

2. Perforating (make holes): When the wound pierces the human body from one surface to the other, it is
called perforating wound.

Commonly in stab wound the depth of the wound is much greater than the length and width of the stab wound
is slightly greater than the length.

Stab wound may be suicidal, homicidal, or accidental.

f) Firearm injuries: Firearm injuries are those injuries which are caused by the firearm, e.g., revolver, shot gun,
rifle, semi automatic gun, etc.

Gunshot wounds: The main characteristics of a gunshot wound are:

1. Wound of entrance: Following are the wound of entrance:

1. Whenever there is only one wound of entrance it indicates that the bullet is lodged in the body.

2. The wound of entrance is generally smaller than the projectile.

3. The shape of wound is round when the projectile strikes the skin at right angles and it is oval when the
right projectile strikes obliquely.

4. Edges of wound are inverted and bruised.

2. Wound of exile: Following are the wound of exile:

1. The size of the wound is larger than the wound of entrance.

2. Edges of the wound are ragged. Size of the wound depends upon the velocity, size of bullet, and
distance, etc.

g) Defense wounds: These are injuries sustained by a person as a result of his spontaneous reaction to protect
himself when attacked. The natures of the injuries vary depending upon the kind of weapon. When the
weapon is blunt, these may be abrasions, bruises, and lacerations. When the weapon is sharp, defence cuts or
stabs will be produced.
 h) Fabricated injuries: Fabricated injuries known as fictitious injuries or forged wounds. These are injuries
produced by a person on his own body, or caused by another acting in agreement with him. The object is:

i) To support a false charge against another person with ulterior motive.

ii) To overt suspicion from oneself.

2. Thermal injuries: A thermal injury is defined as tissue injury resulting from the application of heat in any form to
the external or the internal surface of the heat.

Such injury may result from the following and each has distinct features. We explain in the following:

a) Dry heat, simple burn: A burn is an injury to the body produced by the application of flame, some heated
solids, like metals, etc. It leads to destruction of tissue. According to Wilson burns have been divided into three
degrees, viz.:

i) Epidermal.

ii) Dermo, epidermal.

iii) Deep burns.

b) Moist heat, scalds: This is the result of an injury to the body produced by the moist heat from a liquid at boiling
point and from the gaseous form of liquid such as vapors of liquid.

c) Chemicals, corrosive burns: Corrosive substances cause chemical burns. They often show different colours.
The common type of chemicals burns met which are of sulfuric acid, nitric acid, and carbolic acid.

d) Electric contact, spark, flashes, lightning, and electric burns: There are three kinds of electric burns, viz.:

i) Contact burn.

ii) Spark burns.

iii) The flash burns depending upon the nature of the contact and strength of the current.

e) Lightning, x-rays, ultra violet rays, radium, laser, and radiation burns: High voltage currents are produced in
thunderstorm (electrical storm) for very short period of time. Some of the electric discharges may take the
direction of the earth and injure the persons in the vicinity of the discharged.

Symptoms: Following are the symptoms:

a) If the lightening is of very high voltage, the person immediately dies of confusion or circulatory collapse.

b) Sever burns and laceration may also lead to subsequent death.

c) The other injuries could be in the form of injuries, i.e., burns, laceration, wounds, and fractures.

f) Explosions: Nature of the injury depends upon the energy released and distance thereof. The injuries from
explosion are mainly due to factors, viz.:

i) Blast.

ii) Flame or hot gases.

iii) Flying missiles.

 iv) Asphyxia (lack of oxygen).

3. Regional injuries: It has following kinds:

a) Head: These injuries could be classified as:

i) Injuries of the scalp: These injuries are usually homicidal or accidental.

ii) Injuries of the skull: Fractures of the skull may or may not be associated with confusion or wounds of the
scalp. It can be as a result of accidental or a homicidal injury.

iii) Injuries of the brain: It may be in shape of hemorrhage.

b) Spine and spinal cord: Fractures of the spine need not necessarily damage the spinal cord but the spinal cord
is rarely injured without damage to the spine expect in whiplash (injury to the neck) injury. The spinal cord is
liable to:

i) Concussion (injury to the head from a fall or blow).

ii) Compression (pressing together).

iii) Pitching (setting up).

iv) Laceration (roughly cut wound).

c) Face: Injuries to the face by causing permanent disfiguration or loss of sight or teeth often come within the
definition of grievous hurt. Such injuries usually involves:

i) Eyes from direct or indirect trauma.

ii) Nose due to enmity or sexual jealously.

d) Neck: The wounds of neck are generally incised. Commonly these are suicidal or homicidal and very rarely
accidental.

e) Chest: Injuries of the chest are mostly accidental homicidal and very rarely suicidal. They are classified as:

i) Open wound.

ii) Closed wound.

In chest injuries may be caused in lungs, ribs, heart, blood vessels, etc.

f) Abdomen: Injuries to the abdomen can be broadly classified into open and closed injuries. The open injuries
are the ones where the abdominal cavity is communicated to the external atmosphere. These are usually stab
injuries.

The closed injuries are due by blunt objects. Injuries can also appear in liver, spleen, kidney, pancreas, stomach,
intestine, rectum, bladder, testis, penis, uterus, and pelvis, etc.

g) Bones: Bone injuries are usually known as fractures in bones. In size they may be varied.

h) Joints: Blow, falls, and muscular actions may cause injuries in joints of the body.

4. Traffic injuries: In order of frequency they are classified in:

 a) Vehicular injuries: Persons involved in vehicular accidents sustain a large variety of injuries. Severity of injury
varies case to case.

b) Railway injuries: They may be suicidal or accidental. If a person jumps in front of a train, the injuries are very
severe and large. Accidental injuries may be occurred during the walk on railway track or during a fall from the
window, etc.

c) Aircraft injuries: These results from either crash accidents or flight accidents. Majorities of aircraft accidents
are crash accidents occurring while landing or taking off. Flight accidents are normally very few.

Kinds of hurts under Pakistan Penal Code, 1898: The kinds of hurts are enumerated u/s 332 of Pakistan Penal Code.
According to this section the following are the kinds of hurts:

1. Itlaf-i-udw (Ìz§ ²ÝN§A).

2. Itlaf-i-salahiyyat-i-udw (Ìz§ OÎYÝu ²ÝN§A).

3. Shajjah (ÒVq).

4. Jurh (`jU).

Shajjah has following kinds u/s 337 of Pakistan Penal Code:

1. Shajjah-i-khafifah (Ұΰa ÒVq).

2. Shajjah-i-mudihah (ÒZÎy Ì¿ ÒVq).

3. Shajjah-i-hashimah (ÒÀq BY ÒVq).

4. Shajjah-i-munaqillah (Ò¼´¨Ä¿ ÒVq).

5. Shajjah-i-ammah (Ò¿E ÒVq).

6. Shajjah-i-damigha (ҬοAe ÒVq).

Jurh has following kinds u/s 337 – B of Pakistan Penal Code:

1. Jaifah (î°ÖBU).

2. Ghayr-jaifah (î°ÖBU iBΫ).

Following are the kinds of Ghayr-jaifah u/s 337 – E of Pakistan Penal Code:

1. Damiyah (ÒοAe).

2. Badi’ah (ÒÎyBI).

3. Mutalahimah (ÒÀYÝN¿).

4. Mudihah (Ҩy̿).

5. Hashimah (ÒÀq BY).

6. Munaqqilah (Ò¼´¨Ä¿).
Value of injuries in assessing the guilt of accused: According to the provisions of Pakistan Penal Code hurts have been
defined, for each hurt distinct punishment has been elaborated in Pakistan Penal Code. Every hurt has different
punishment and punishment is given according to nature of the hurt. It is general principle of the criminal law that a
man should be punished according to his guilt, no body can be given punishment excessive than his guilt.

There are large number of injuries that may be caused to any person, and every injury shall be different from each
other, so that every presiding officer carefully consider the reports of the medical officer for determination of the guilt
and punishment.

Assessment of injury has most importance in every criminal trial belonging to hurt. Kinds of injuries and their nature
determine the responsibility of the accused. In trial, it the basic issue that what kind of injury was caused and under
what circumstances and how much conviction should be awarded. The help of medico-legal report solves all these
questions.

Methods of fingerprints – introduction: With the development of human mind and in science field, a lot of new lines
discovered for identifying of accused. One of them is by fingerprints. By the help of fingerprint we can easily identify
the criminal persons. This system is the most modern system of the world and has great importance in any criminal
investigation. All investigating agencies adopt this method of investigation. It is very simple and authentic system. The
pattern of thumbs is classified on the basis of arrangement of ridges into four main types, i.e., arches, loops, whorls,
and compounds. All these are discussed in the coming paragraphs.

Background of fingerprint system: The fingerprint system was discovered by Sir William J. Herschel, ICS, who
introduced it in Hugli District of Bengal in 1877. It was systematized in 1892 by Sir Francis Galton.

Meaning of fingerprints: A fingerprint means an impression made by the ball of a finger. The fingerprint system, also
known as dactylography (study of fingerprints for identification purposes) is based on the principle that the skin of
the balls of the fingers and thumbs are covered with characteristic ridges and grooves (lifestyle), the pattern of which
makes absolute identification possible.

Important characteristics of ridges (range): They are present from birth, both on the epidermis and the dermis.

They remain constant for the whole life of the individual and cannot be altered except by destruction of the true skin.

They form patterns that are absolutely individual. No two hands are entirely alike, not even the identical twins.

Classification of fingerprints pattern: The fingerprint patterns are classified on the basis of arrangement of ridges into
four main types, i.e., arches, loops, whorls, and compounds. In the following we discuss in detail.

Arch: The ridges run from one side of the print to the other and as the name implies, in an arch like fashion. The ridges
terminate at the sides of the print approximately equidistant (equally distant) to each other and do not make a
backward turn. Arches are 6 – 7% amongst the people. Arches may be divided in sub-groups plain or tented.

Loop: The ridges about the centre of the print arrange themselves somewhat in the form of a hair pin the ends of
which points more or less in a down ward slanting direction. A varying number or ridges group themselves around the
centre loop formation. There are two fixed points in all prints of the loop type, i.e., the delta and the core. They are
used for classification purposes. Loops type prints all about 67% amongst the people. Loops may open either towards
radial or ulnar (bone of the lower arm) side.

Whorl: The ridges from a more intricate pattern than in arches and loops. The circular design of the ridge groupings is
conspicuous. The ridges may take a clockwise or anti clockwise turn. There are two deltas, both of which are utilized
for classification. The core is indicated for reference purposes but is not used in the Henry system.

Compounds: As the name implies, these patterns consist of two or more of the proceeding patterns. The fingerprint
pattern composites is 1 – 2 % amongst the persons.
A composite is a pattern consisting of two or more arches, loops, and whorls with variable combinations.

Method of recording fingerprints: Fingerprints can be recorded easily. The fingers are washed, cleaned, and dried to
ensure clear prints. The print is taken with printer’s ink on unglazed (not windowed) white paper. The impression can
be either plain or rolled. A plain impression is obtained by lightly pressing the inked surface of the tip of the finger or
thumb directly on the paper while a rolled impression is taken by rolling the inked finger or thumb from side to side.
A rolled impression recording the pattern of whole ball of the finger is much more complete and desirable than a case
plain one which is only partial. While in the case of criminals, impressions of all the finger digits of both hands are taken
and preserved by the police for future identification. It is customary in Pakistan to take usually the left thumb
impression of illiterate persons in lieu of signature on many legal and other documents.

How fingerprints can be searched from the scene of crime: The ridge impressions are due to moistening of the skin
by sweat and sebum from the skin glands. All the scene of crime, they are found on door, knobs, furniture, weapons,
and various other articles unless a criminal has worn gloves. Fingers soiled with blood or grease also leave appropriate
impressions. If the impressions are faint, the fingerprint expert can make them visible by special techniques as for
example, by the use of dusting powder.

If the fingertips are dried up in dead body, the prints can be taken after searching the fingers in an alkaline solution
for some time. If the skin has peeled off as a result of burns, putrefaction, or drowning, the prints can still be recorded
either from the dermis or from peeled off skin hardened by formation.

The practical application of fingerprint system: Following is the system to apply fingerprint system:

1. Recognition of chance impressions left at a scene of crime.

2. Identification of the weapon used for committing suicide or homicide, e.g., firearm.

3. Identification of habitual criminals.

4. Identification of suicides.

5. Recognition of deserters (defect).

6. Identification of persons suffering from loss of memory or those dead or unconscious after being involved in an
accident.

7. Identification of decomposing bodies of unknown persons.

8. Prevention of impersonation.

9. As an extra precaution, on cheques, banker notes, and other legal documents which may bear a fingerprint in
addition to manual signature.

The advantages of fingerprint system: The advantages of this system are:

1. It is applicable to persons of all ages.

2. Prints can be obtained even from putrefied bodies.

3. Absolute identification is possible.

4. No special training or expensive instruments are necessary.

5. The system tends itself to easy classification.

6. The actual print is always available to check any suspected error.

7. The print can be transmitted from one place to another by a code message.

Conclusion: All modern countries such as USA, France, Germany etc. adopted this system.

Courtesy: From page 16 to 34 by Mr. Shahid Mahmood, Roll No. 251, Session 1998–2001

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Stereo I. G. C. H. No. Serial No. _________
POSTMORTEM REPORT
NAME

Yearly No.
FATHER’S NAME
or
On the body HUSBAND’S NAME
of
CASTE
RESIDENCE
SEX AGE

District

Body brought by Body identified by

Whence brought :
village, thana, district.

DATE AND HOUR OF-----

Despatch of matter to
Death Examination of body
Chemical Examiner

Symptoms observed before

death
Information furnished by
Police
N. B. — The Medical Officer will observe the state of all the organs and when he finds no
disease or injury, he should write in the appropriate place the word “Healthy”.

I. EXTERNAL APPEARANCE
Mark of ligature on neck and
dissection, etc.
Condition of subject-stout
emaciated, decomposed,
etc. clothing.
 Wounds, bruises, position,
size, nature.

II. CRANIUM AND SPINAL CORD

N. B.— The spinal canal need not be examined unless any indication of disease or injury
exits.

Scalp, skill, and vertebrae Membranes – Brain and Spinal cord.

III. THORAX

1. Walls, ribs, and cartillages …

2. Pieurae … …

3. Larynx and trachea … …

4. Right lung … …

5. Left lung … …

6. Pericardium and heart …

7. Blood vessels … …

IV. ABDOMEN

1. Walls … …

2. Peritoneum … …

3. Mouth, Pharynx and Oesophagus …

4. Diaphragm … …

5. Stomach and its contents …

6. Pancreas … …

7. Small intestines and their contents …

8. Large intestines and their contents …

9. Liver … …

10. Spleen … …

11. Kidneys … …

12. Bladder … …

13. Organs of generation:

…
external and internal

V. MUSCLES, BONES, JOINTS

Disease or
Injury Fracture Dislocation
Deformity

VI. REMARKS BY MEDICAL OFFICER

Probable time that elapsed -----

a) between injury and

Death,

b) between death and

Postmortem.

Station: Signature and Designation of

Dated: Medical Officer

BETTER COPY OF FIR

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3
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10

11

12

13
 14

15

16

17
18

Stereo 1. G. C. H. 15.

Name Son Aged Caste Occupation

of

Residence Name of Date of

relative or examination
friend

Date and hour of PARTICULARS OR SYMPTOMS, IN CASE OF

arrival POISONING

No. and date of Police

docket

No. and name of

Constable

Date of
admission

If admitted

Date of
discharge

Date and hour of report to

Police

Space for a particulars as to further

1. Nature of
reference to the case---date of giving
injuries
evidence in the Court, or despatch of
articles said to contain poison. The kind of weapon used or
poison suspected in case of
(Simple, grievous, or
poisoning
dangerous)
-------------
Probable duration of
injury
Two identification marks:--
 In Police In private
cases cases
Date of 200 No fee received A fee of Rs. _____ paid to the Examining Medical
Officer
Medical Officer

Examining Medical Officer Signature or Thumb-impression of

Private Party
Qanun-e-Shahadat Order or (Law of Evidence)
Course Contents:

1. The Qanun-e-Shahadat Order, 1984 (X of 1984) (Evidence Law) as amended upto date.

Books Recommended:

1. The Qanun-e-Shahadat by Professor Dr. Chaudhary Muhammad Hanif.

2. The Qanun-e-Shahadat by Muhammad Iqbal.

3. Qanun-e-Shahadat Order by Muhammad Shahid Mughal and Intisar Ali Chauhan.

4. Law of Evidence in Pakistan (old) by Mazhar Hasan Nizamy and A. G. Chaudhary.

There are two types of laws, i.e., substantive and procedural. Substantive law is related with the person and property
while procedural law deals with the procedure as to how substantive law is proceeded in a court of law.

If a person does not fulfill legal obligation, how he can get remedy? How his rights are enforced? For example, a
contract is formed between two persons, and one of them commits breach of contract. It is fact and alleged in court
that it was not performed. He pleads a fact, which is breach. What is the procedure by which breach is proved? How
he establishes that fact stands exist? It is only evidence, which proves the existence of fact.

Court itself takes notice of question of law. Parties are not required to resolve the question of law but only question
of fact. Parties have to just prove the existence of fact.

Before the present Qanun-e-Shahadat Order there was the Law of Evidence, 1872. It was rearranged during the
Islamization process in the Zia regime. It is more or less same as earlier. Differences are as follows:

Under old law provisions of the law were called sections while in new one they are called Article.

Provisions of law have been reshuffled.

Title of the law has been changed from the Law of Evidence, 1879 to Qanun-e-Shahadat Order, 1984.

Few Islamic provisions have been introduced, e.g., number of witnesses have been increased to four for Hudood
crimes.

Financial provisions have been brought Islamic.

Qualification of witnesses and law of accomplice has been changed.

If the new provisions do not fulfill the requirement of the case then old provisions remain applicable. Finally it is more
or less the same law, same ruling, same judgement, same decisions, and same cases.

What is function of evidence law? To whom, as witness is to be produced in court to testify truth? Witnesses are
produced from both sides to prove or disprove the facts in issues. Whether the produced witness is competent to give
evidence in court of law and what are the qualifications of competent witness are also questions of law of evidence.
Witnesses also have some rights and duties as well. Generally all are the competent witnesses provided they are not
debarred to give evidence except in certain cases. They have certain privileges and no question can be asked from
them against which they are protected under law. If any question is asked which falls within their privilege they may
refuse to answer the question. Rights are called technically privileges. Generally witnesses are free to answer or
refuse. During the cross-examination they bear legal duty to answer question asked.
Whether evidence once given on one court can be adduced (cite, offer, present) in all courts? No, it is accepted only
where court or person administers it under oath. Arbitrator does not take evidence under oath so evidence taken by
him is not admissible in courts.

A, advances to B Rs. 5,000/- repayable within one month. B commits default in repayment. A files a suit in court against
B for the recovery of amount of Rs. 5,000/-. B either may admit the receipt of amount and not repaid or may allege
repaid within due time. A alleges advance of Rs. 5,000/- and B alleges its repayment. Two facts in issue arise.
Advancement of Rs. 5,000/- becomes issue in fact on the part of A while repayment of Rs. 5,000/- within due time
becomes fact in issue on the part of B. Both have to prove their claims by producing evidence.

If B claims receipt of advance amounting to Rs. 5,000/- which is still repayable then no fact in issue will arise and case
with be adjudged in favour of A. fact in issue arises when one party denies the fact in issue which plaintiff puts. Both
plaintiff and defendant put their facts in their pleadings but court frames the facts in issue. Whenever defendant
denies the fact which plaintiff alleges, then fact in issue arises.

There may be more facts in issue than one. Relevant evidence is given to prove or disprove the facts in issue. Denial
of B can be proved through the Cheque issued to him while the receipt of Money Order can prove repayment.

Kinds of evidences: There are certain kinds of evidence, e.g., oral and documentary, primary and secondary etc.
Primary evidence contains original documents or postmortem reports. Secondary evidence contains copy or attested
copy of the original document. Secondary evidence is allowed where primary evidence is not available. Documentary
evidence excludes oral evidence being authentic and preferred. Following are kinds of evidences:

1. Oral: Statements made by witnesses in Court.

2. Documentary: It includes public and private documents, and statements of relevant facts made by persons in
writing.

3. Conclusive: Evidence of a fact which the Court must take as full proof of it, and which excludes all evidence to
disprove it.

4. Direct: It is evidence of fact actually in issue; evidence of a fact actually perceived by a witness with his own senses.

5. Circumstantial: It is evidence of a fact not actually in issue, but legally relevant to a fact in issue.

6. Real: It is a kind of evidence supplied by material objects produced for the inspection of the Court.

7. Extrinsic: It is oral evidence given in connection with written documents.

8. Hearsay: What someone else has been heard to say, “What the solider said”, as contrasted with the direct
evidence of a witness himself, oral or written statements made by persons not called as witnesses? Hearsay
evidence is, in general, excluded, but the repetition or another person’s statement is sometimes permissible, and
there are express exceptions of the rule against hearsay.

In criminal proceedings that common law rules as to hearsay still obtain. In civil proceedings the common law rules
are abrogated.

9. Indirect: It is circumstantial or hearsay evidence.

10. Original: It is evidence, which has an independent probative force of its own.

11. Derivative: It is evidence, which derives its force from some other source.

12. Parole: It is oral, extrinsic (unrelated) evidence.

13. Prima facie: It is evidence of fact, which the Court must take as proof of such fact, unless disproved, by further
evidence.

14. Primary: Primary evidence of a document is the document itself, or duplicate original.

15. Secondary: It is the evidence other than the best evidence, and which is rejected if primary evidence is available,
e.g., oral evidence of the contents of a lost document such as a Will.

Theft: Where property is removed from the custody of its owner with unlawful intention, it is called theft. It has four
ingredients such as:

1. Dishonest intention: Where property is removed without unlawful intention and later on dishonest intention is
formed, it not called theft but misappropriation. Dishonest intention must be there at the time of removal of
property.

2. Moveable or tangible property: Only moveable property is subject of theft. Where immovable property is
removed such as fan which is removed from wall or ceiling or tree is removed from earth, it becomes moveable
property thus its removal with dishonest intention becomes subject of theft.

3. Removal of property: Mere dishonest intention is insufficient to constitute the offence of theft. Its removal must
be there. Where dishonest intention exists but property is not removed, theft does not take place.

4. From the possession of other: Moveable property, which is removed with dishonest intention, must have its
owner. Where any person has abandoned his possession of any property, its removal shall not form the offence
of theft. Where owner of bull abandons the ownership of bull, its slaughter shall not form the offence of theft.
Ownership or physical possession of property is one of element of theft.

Misappropriation of property: Misappropriation of property is a result of state of mind, which is changed

subsequently. All the elements of theft are found in misappropriation of property except the dishonest intention at
the time of removal of property. To constitute misappropriation of property, its dishonest intention after the removal
of property must be proved. It is breach of trust. Breach of trust does mean a person is entrusted but later on he
changes his mind and keeps the property dishonestly for personal use is termed misappropriation.

Where a manager gives some amount to his clerk for disbursement to employees relying upon him creates a trust to
his subordinate. When clerk changes his mind after taking possession of money for the keeping amount for his
personal use without having any lawful authority, is breach of trust for which he was entrusted.

Where a worker takes bicycle relating to another worker mistakenly but subsequently he keeps such bicycle at home
for his child and also takes his bicycle for his own use is also misappropriation of property.

Law of theft is not applicable on misappropriation of property on the fact that dishonest intention was not there when
moveable property was removed from the possession relating to other.

Under the offence of theft owner of the property does not know whether property relating to him is removed while
he gives possession of his property himself to other person where misappropriation of property may take place. Result
of breach of trust form misappropriation of property.

Mere removal of moveable of property from the possession relating to other is insufficient to constitute either the
offence of theft or misappropriation of property.

Judicial notice: Where something is not produced then court itself takes its notice. This notice is called “Judicial
Notice”. This notice is taken where there is no need to prove something, e.g., Map of Pakistan, question of law,
administration, division of cities or districts or provinces etc.
Where a person is refrained to deny the truth already admitted is called estoppel. Where a principal has not appointed
agent but he ostensibly acts as agent before principal then principal cannot deny the truth of his agency.

A is shopkeeper and B is his friend and joins him in his shop. C comes to shop and A introduces B as owner of the
shop. C deal with B. A dispute arises between shopkeeper and C. A cannot deny the truth being B as owner of the
shop. Burden or onus of proof (PÌJQ iBI) lies on the shoulders who alleges (claims, ascertains). Burden or onus of proof
shifts to him who fails to prove the facts in issue.

In criminal cases prosecution has to prove the fact in issue because she takes in court case and alleges the guilt of
accused. In civil cases person who alleges has to prove it. Prosecution has to prove the claim by evidence, which is
beyond the reasonable doubt. In civil matters suit is adjudged with principle of preponderance (majority, supremacy,
dominance).

Witness who testifies the facts in issue is examined and his evidence does not rest accepted without preponderance.
Court does not rely on evidence without cross-examination. Leading questions (pursuance during the proceeding) are
not permissible. Court also examines the credibility of witness. Arguments and cross-examinations are the tools to
crystallize its truth. Sometimes witness is called again to testify the truth if the document misplaces.

Application of this law: This Act is applicable to whole of Pakistan on all judicial proceedings. Where evidence is
required this law applies. This law is applicable for such forums:

1. Courts: Courts are subjects of the application of this law.

2. Persons empowered: Person who is empowered by law for the judicial proceedings is subject of this law.

3. Tribunals: Tribunals for the judicial proceedings record their evidences under this law.

4. Quasi-judicial proceedings: It is also applicable in all quasi-judicial proceedings.

5. Magistrates: They are also subject of this law and record evidence under this law.

6. Martial Law Courts: They are also bound to record evidence under this law.

Non-application of this rule: This law does not apply on certain proceedings such as:

1. Jury system: Where jury system of justice exists there is no application of this law of evidence.

2. Arbitration: It is also not applicable in arbitration cases.

3. Inquiries: If the inquiry is not judicial then it is not applicable.

Court: As far as evidence law is concerned court means any person, tribunal, or authority, which exercises powers,
invested to her as per law of land.

Document: U/s 29 of Pakistan Penal Code, document is a material written or described on any substance and carries
some meaning and can be produced as evidence in court. All written materials regardless written on cloth, paper,
stone, leather, tree, bones etc. is document if it carries some meaning within the meaning of this section. It may be
ABC or 123 or ?-@$/=, but it should must carry meaning. Bloodstains on cloth are also a document. Black board,
affidavit, engraved name on tree, glass, plastic, iron, brick is document. Engraved engine number on motor cycle or
pistol is document. Wound mark on body is also a document, but an expert should medically examine it and his report
will termed as document.

Need of evidence: Court has to arrive on truth. Court does not know the actual and factual position of the facts in
issue. How a court may arrive to truth? It is only evidence, which brings court to truth. Only evidence concludes such
statement, which is given orally and admissible.
Role of police in judicial proceedings: Statement given before Police Officer, does not amount evidence admissible in
court. It is just investigation and proceedings which court conduct is called enquiry. Police just collects evidences but
does not record evidence.

Confession: Confession made before Police Officer is not admissible actually and particularly when names of other
persons are mentioned. Police may investigate against them but this confession cannot be used against them as
evidence. Confession is used only against him who makes it but not against others.

The test of the judicial authority is that officer empowered takes evidence on oath. Executive officer may also use
quasi-judicial powers. Statement is not termed as evidence as it is not taken under the Qanun-e-Shahdat Order. Both
Code of Civil Procedure and Code of Criminal Procedure are different but the evidence has same relevance.

There may be certain facts of issues in pleadings. Some of them may be admitted and rest may be denied. Need of
evidence becomes necessary where facts are denied. Plaintiff has to provide evidence to establish his claim in
pleading. Stay does not need evidence but arguments.

Where wrong or crime is committed, e.g., dacoity, murder, theft, or alcohol consumption etc. there is need of evidence
to prove or disprove the fact in issue. Some offences or wrongs are petty in nature thus liable of bail. Bail is granted
at once. Where there is non bail-able offence and court thinks that accused shall run away, then court shall not grant
bail.

Need of evidence: Evidence in both Code of Civil Procedure and Code of Criminal Procedure is required at the time of
trial. It is not allowed at appellate level. For example, a case of murder is tried in Session Court and court gives death
penalty to offender. Appellate court does not require evidence. Evidence provided at trial level rests sufficient.
Accused goes in appeal in High Court and his lawyer establishes that a new piece of evidence has been discovered
which if applied in trial court, accused must be acquitted. If there is probability of reversal or acquittal lies in evidence
then Appellate Court decides the return back the case to trial court for retrial.

Fact: We know that all evidences are adduced before court of law either relating to fact in issue or relevant to fact. A
person may be habitual of sleepwalking. He may inflict slap to other during sleepwalking. Trespassing is also an
offence in the eyes of law. Trespasser may think that he is entering in his home but actually it is not his home. This is
state of mind. Offender makes his mind to commit crime. Negligent person may also commit offence. Anything
existence or non-existence of which can be perceived is fact. State of mind is also fact, which can be perceived and
proved. Probable consequence of stoning is grievous hurt or injury however its knowledge constitutes fact.

In another example, A, kills to B. Prosecution has to prove murder of B. It requires evidence thus it is fact. Fact may
either require its proof and disproof. When the evidence is adduced in court and court considers it is proved that is
fact.

Presumption of fact: Some time court presumes whether certain thing or fact exists or not. It must be kept in mind
that presumptions are always rebut-able. If party proves that fact does not exist, court shall conclude that fact does
not exist.

Competency of witness: There are certain qualifications for the competency of the witness. Law imposes the
following restriction on competent witness:

1. Age limit: Law does not provide any age limit for the competency of witness but he should know and retain in his
memory the facts.

2. Understanding capability: Competent witness must understand what court of law wants to enquire. He must have
capability to answer the questions of court.
3. To whom court thinks competent: Satisfaction of the court is another essential element for the competency of
witness. If court does not consider witness as competent he cannot appear as competent witness even witness is
person of sound mind or generally considered competent.

4. True Muslim: In certain cases only true Muslim is competent witness particularly in Hudood crimes. He must be
person of those qualifications which Quran and Sunnah prescribe for a witness.

5. Islamic rules: s

6. All persons: s

7. Tazkia: s

8. Eyesight: s

9. Hearing: s

10. Perception: s

11. Smelling: s

12. Communication skill: s

13. Honesty: s

14. Male (only in hudood cases: s

Incompetent witness: Law has debarred some persons to appear as competent witness. Detail of those is as follows:

1. Incapacity of rational response: Person who is incapable to understand the question put to him or who cannot
give rational answers of court is not competent witness.

2. Young age factor: Although no age limit is prescribed for the competency of witness but it does not mean that
person of every age can appear as competent witness. Person who due to young age factor cannot understand
the requirement of evidence is not considered competent witness.

3. Old age factor: Old age does not matter but it matters a lot. Person who due to old age factor could not
understand the rationality of the questions and answers put to him in court is not competent witness.

4. Bodily infirmity: Person who is bodily infirm is not competent witness.

5. Mental infirmity: Person of unsound mind is debarred to appear as competent witness, i.e., who was person of
unsound mind at the time of occurrence of incident.

6. Conviction in false evidence: Person is not competent who has been convicted in false evidence except where he
has been repented and mended his ways.

7. Unable to understand: s

8. Lunacy: s

9. Slander: s

10. Where is interest: s

11. Habitual liar: s

12. Female in hudood: s

Determination of competency of witness: Where there is any doubt of competency of witness, only court shall
determine his competency by putting questions to him. His response shall explore his competency.

Exceptions: Law has prescribed certain exceptions for the competency of the witness such as:

1. Ordinary witness: Where person of the qualifications prescribed in Quran and Sunnah is not available, the court
may take the evidence of the person who is available to testify the fact in issues.

2. Repented person: Person who had been debarred to appear as witness due to his disqualification by way of false
evidence or any other major sins, can be considered as competent witness if court thinks that he has mended his
ways and repented.

3. Lunacy while testifying: A person who was person of sound mind at the time of occurrence of the incident is not
incompetent witness if he loses his memory or becomes person of unsound mind while he testify the truth before
court. Court shall give him reasonable time for recovery so that he may testify truth before court. Time relaxation
is provided to reach at truth and conclusion.

4. Child witness: Child is competent witness provided court thinks him competent by testifying as to his ability to
give evidence. Set question cannot be asked to determine his ability to give evidence.

Judges and Magistrates: Judges and Magistrates are not bound by law to give answers of the questions such as:

1. Conduct of the Judges or Magistrates in court.

2. Any matters which come to their knowledge during proceedings.

Exception: Law provides an exception to this rule as to their privilege, that superior court may order Judge or
Magistrate to answer the question relevant to the case which was under his trial. Upon the order of superior court,
Judges or Magistrates must have to depose (giving statement) such improper evidence, which they had admitted.
Their evidence is upto the extent of the case they tried. Their evidence is confined and not opened to other matters,
which are irrelevant. This exception is allowed only in the case where court could not adjudge due to complex
situation.

Immunity or privilege: It is granted to certain persons so that requirement of justice can be fulfilled. It helps in arrival
to truth. Where person is reluctant to provide evidence due to reason that he shall be convicted or truth shall be
brought, immunity is granted to him. Person who has immunity cannot be convicted upon truth he provides in
evidence.

Immunity also prevents the possibility of the false evidence because person, having privilege always produces truth
because he cannot be trapped on the truth he produces. S. 182 of Pakistan Penal Code provides it punishable.

Immunity of married persons: Under this law a married person shall not be:

1. Compelled to disclose any communication made to him during marriage by any person to whom he is married.

2. Permitted to disclose any such communication, except:

(1) When the person who made it or his representative-in-interest consents, or

(2) In suits between married person, or

(3) In proceedings in which one married person is prosecuted for any crime committed against the other one.
It is notable thing that privilege remains exist even after divorce takes place. Person making evidence may waive off
privilege at any time after divorce. Privileges are provided either on the ground of natural love and affection or to
evade from false evidence thus no prosecution or litigation may take place on the ground of facts revealed from the
evidence, which is privileged. Information disclosed before marriage does not provide privilege on subsequent
marriage. The only test is the information is disclosed during the subsistence of marriage. Once a privilege is always a
privilege. It can be waived off but it cannot be ceased to exist (abandoned or discarded or discontinued or ceased). It
is not available for the matters before the marriage but it remains available after the divorce has taken place. During
the marriage if spouse appears as witness for the offence committed against third person, cannot produce evidence
until second spouse consents. But if both spouses are parties against each other, then consent for evidence goes
immaterial.

Immunity on state matters: Matters of state may or may not be disclosed. Matters which are declared confidential or
against public policy are not disclosed if come into knowledge. If they are required to be disclosed, then permission
of the departmental head is required to do so, which may or may not be granted. Nuclear programme is such example.
Person who knows the unpublished matters may refuse to disclose in evidence on the grounds of either against public
policy or sensitive matter. Head of the department may grant permission for evidence if there is no apprehension of
violation of public policy.

Information as to commission of offences: Law enforcing agencies have certain informers who help in elimination of
crimes. They inform police whenever offence is committed. Police or Magistrate has immunity to disclose as to whence
(from where) they got information. They may waive off their immunity provided public interest does not suffer. But
waiver off immunity may cause problem to informer. Informer would not inform police about the crimes committed.

As police gets information from informer, collects independent evidences as to prove crime committed. Evidences
acquired are used against accused. Question cannot be asked to police as to how and from where information was
received. Police has interest in the information of the commission of crime. Mere information is not sufficient for the
conviction of accused. Information is mere opening of the trial. Conviction or punishment depends upon evidences
which prosecutor collects during enquiry and presents them in court. Normally informers are not disclosed as sources
of information but they can be called as witnesses where immunity is waived off. Waiver of immunity does not need
the consents of the informer. This is privilege of police and not of informer. Discovery of offence weapon or stolen
property, postmortem report, signs of foots, evidences, and identification parades are sufficient grounds to convict
the offender. Mere information is nothing.

A Magistrate or Police Officer cannot be compelled to disclose the source of information received by him as to the
commission of an offence. It is of importance to the public for the detection of crimes that those persons who are the
channel by means of which the detection is made should not be unnecessarily disclosed.

Professional communication: Professionals are not allowed to disclose any material received during the course of
their business from their clients. Advocates proceed the cases based on information received from their respective
clients. They cannot disclose such information unless they get express consents of their clients (ÆÝ·Ì׿). While
deciding whether it should be disclosed or not, relationship between them remains determinant factor. If
communication is made before going into contract or after gone into contract, immunity will not be available.
Immunity rests only for the period of relationship. Furtherance of commission of crimes cannot enjoy immunity even
made while relationship with lawyer.

If offender says his lawyer that I have committed an offence and you have to defend me does not constitute offence
and immunity shall remain available.

Where client says to his advocate that he has to get property by means of forged documents and you have to protect
me is not covered or protected from disclosure.

Production of title deed of witness, not a party: A person who is not party in a case and has a title deed, cannot be
compelled to produce such title deed as evidence unless owner of the property consents.
Person who may criminate by producing evidence shall not be tried on the statement he gives as witness. He may be
compelled to give evidence but his evidence, whatsoever is, cannot be used against him as confession. This protection
does not amount privilege, but it is mere protection. Under privilege person cannot be compelled to produce evidence
but under protection he may be compelled to produce evidence but his evidence shall remain evidence and not
confession.

Person who has not privilege, if is compelled to give evidence and he refuses to give evidence is supposed of guilty of
false evidence and if he gives true statement then he may be charged. By this way truth remains concealed. In order
to find out the truth to reach on conclusion, law gives protection to witness to ensure the justice.

Production of documents relating to other: Where a person holds documents relating to other cannot be compelled
to produce such documents as evidence unless its actual master consents.

Accomplice: He is a person who helps in an offence. He may not commit an offence physically but by the reason of
common intention either express or implied, he is held guilty of an offence and he is liable to the same punishment
for what principal offender is. He may assist the principal offender before or after the commission of an offence.

Question arises that whether an accomplice is competent witness. As far as English law is concerned, he is not only
competent witness but conviction can be awarded on his evidence. He alone is sufficient for conviction. Approver (an
accomplice who turns King’s evidence) is also accused thus competent witness.

Exception to this rule: Pakistani law provides an exception to this rule for the offences, which come under Hudood
crimes (ÁÖAjU eËfY). Hudood crimes are those, which are, declared crimes in Quran expressly and their punishment
has been fixed under Quran. They are not compound-able. They are seven in number including theft, alcohol
consumption, adultery, dacoity, sedition, slander of woman (defamation), and apostasy. Accomplice is not competent
witness in Huddon crimes. Only Muslim adult male witnesses, about whom the Court is satisfied, having regard to the
requirement of tazkiyah al-shuhood (eÌÈr»A ÒηlM), that they are truthful persons and abstain from major sins (Kabir
– ÊjÎJ·), give evidence of the accused having committed the offence liable to Hadd.

Evidentiary value: Piece of evidence determines the liability and punishment of an offender. Witness is also taken into
consideration. His education and character are also factors, which evaluate weight and value of evidence. Approver
betrays his companions in the dock and who has no scruples either in exaggerating (overstate, larger than normal)
their part in the crime or in substituting in a well thought out narrative a completely innocent man for friend whom he
is still anxious to save. In evidence his self interest may involve. In order to save skin he may state which is not
committed. Corroboration (acknowledgement or affirmation) of his evidence from an independent source may testify
truth. But punishment mere on his evidence may lead to injustice. Although Pakistani courts are not bound by law to
corroborate his evidence but under law corroboration is desirable. Accomplice is presumed unworthy unless rebutted.
Article 129 of Qanun-e-Shahadat Order, 1984, provides that court may presume the unworthiness of the accomplice.

Number of witnesses: As a general rule, only one witness either male or female is sufficient for conviction. But as far
as Hudood crimes are concerned Quran and Sunnah determine the number of witnesses.

In all other matters than of Hudood crimes, mere one witness is sufficient for conviction.

Financial and future obligations need two males or one male and two females witnesses for conviction.

Relevancy of facts: There are two kinds of facts for which evidence is adduced in court, i.e., facts in issue and relevant
facts. Facts in issue are those which are alleged by one party and denied by the other on the pleadings, in a civil suit;
or alleged in the charge and denied by the plea of “not guilty” in a criminal case, so far as they are in either case
material. On the other hand, the relevant facts are all those facts which are in the eyes of law so connected with or
related to the fact in issue that they render the latter probable or improbable or roughly throw light upon them.

A files suit against B for the recovery of Rs. 5,000/-. If B admits the borrowing of Rs. 5,000/- then no fact in issue shall
be framed thus no evidence shall have be adduced to prove the fact. But if B refuses the fact of borrowing of Rs.
5,000/- then A shall be required to adduce evidence to prove the lending of Rs. 5,000/-. Fact in issue is the matter
undecided. Only evidence may prove the truth of the facts. Any fact against which court needs evidence to prove it is
called fact in issue.

If B admits the borrowing of Rs. 5,000/- but alleges its repayment to A is again fact in issue thus requires evidence to
prove the fact of repayment, which A denies.

Some time relevant facts prove the truth of facts in issue. For instance, denial of B can be proved through the Cheque
issued to him while the receipt of Money Order can prove repayment. In this way Qanun-e-Shahadat is applicable both
on facts in issue and relevant fact to testify truth.

How the relevancy is proved? Law provides list of relevant facts, which more or less covers all the matters, which may
occur.

Relevancy of facts forming part of same transaction: All the facts, which are so, connected with the same transaction
immediate or later, proximity or remote, or direct or indirect are relevant facts thus they form single fact. For example,
delivery of goods involves several intermediaries who successfully deliver the goods. Each delivery constitutes
relevant fact.

A good example of what different acts constitute one and the same transaction, is afforded by a case where the
prisoner in order to remove a cart of which he committed theft, broke into the cattle-shed of a neighbour of the cart
owner, took out the bulls and drove off the cart to a distant place. It was held that the house breaking into the
neighbor’s shed was essential to the theft of the cart and bulls of the owner, so that one could not be done without
the other. And therefore, the two acts, i.e., house breaking and removal of the cart and the bulls formed parts of the
same transactions.

In a house breaking, the person who cuts the glass of the door or window either on spot or before or later, is relevant
fact in the case of house breaking.

What is transaction: The term “transaction” has been defined as a group of facts so connected together as to be
referred to by a single legal name, as a crime, a contract, wrong, or any other subject matter of inquiry which may be
in issue.

Extra-judicial confession Article 37: The word “confession” has not been defined in anywhere in law. A “confession”
is an admission made at any time by a person charged with a crime, stating, or suggesting the inference that he
committed that crime. The value of extra-judicial confession is not very high.

A confession must either admit in terms the offence or at any rate substantially all the facts, which constitute the
offence.

Extra-judicial confession is made before the private person, i.e., other than Magistrate or Police Officer. Judicial
confession is made before Magistrate having jurisdiction in the case.

Confession in jail before fellow prisoner is extra-judicial confession because it is not made before Magistrate.
Confession using threat, inducement, or promise is not reliable. Authority before whom confession is made must be
high such as landlord and tenant, officer and subordinate, headman and cultivator etc. This is made to avoid any
blackmailing or any other evil cause. This confession is not only extra-judicial but also irrelevant and not liable to use
against accused.

Some time a person makes confession for temporal (secular, non-spiritual) purposes before private person. It is not
acceptable at all in law. There may be threat to his family, parents, and children etc. It becomes relevant if it is made
voluntarily.

Confession to police not to be proved Article 38: Police Officer is not authorized to take the statement of confession.
If any accused confesses before police officer, his confession shall not be used against accused. It is not material
whether accused was aware the person before he has made confession is police officer. This confession cannot be
used against accused.

Also under Article 39, confession made by accused before Police Officer while custody cannot be proved against him
unless it is made in the immediate presence of Magistrate. The presence of Magistrate secures the free and voluntary
of the confession and the confessing person has an opportunity of making a statement uncontrolled by any fear of
the police.

An English woman under arrest on a charge of murder was taken in a tonga, from the place where alleged offence
was committed, to the principal town of the district. A European friend drove with her in the tonga and a mounted
policeman rode in front. In the course of journey the policeman left the tonga and went to a slowly along the road for
some miles without any escort. In the absence of the policeman, the accused made a communication to her friend
with reference to the alleged offence. At the trial it was proposed to ask what the accused had said, on the ground
that she was not then in custody, and that this Article did not apply. It was held that, notwithstanding the temporary
absence of the policeman, the accused was still in custody, and the question could not be allowed while the accused
was in lockup of the Magistrate under trial. Magistrate sent him at hospital for treatment. Two policemen, who waited
outside on the verandah of the hospital, took him from the lockup to the dispensary. During his examination inside
the dispensary by the doctor, the accused made a confession of his guilt to another patient who happened to be there
within the hearing of the doctor. It was held that the confession was inadmissible, because the accused, who was in
police custody upto his arrival at the hospital, remained in that custody even though the policemen were standing
outside on the verandah.

Confession in consequences of discovery Article 40: If the confession of the accused is supported by the discovery of
a fact it may be presumed to be true and not to have been extracted. It comes into operation only:

1. There must be a fact discovered.

2. The fact must have been discovered in consequence of some information received from the accused.

3. The fact discovered must be relevant.

4. The person from whom information is received must not only be an accused but must also be in the custody of
the police.

5. The information sought to be used in evidence must distinctly relate to the fact discovered.

If upon the information of the accused, crime weapon is discovered while he is in police custody, his confession is
supposed to be true.

Where police already knows the happening of the crime, then the information provided by the accused are not called
confession.

S. 164 of Code of Criminal Procedure applies on this type of confession. It must be recorded before Magistrate.
Magistrate shall explain to person that he is not bound to confess and his confession may go against him. His
confession must be voluntary. Magistrate certifies the confession as provided in this section and puts his signature.

Confession before Imam is admissible because he is public person and not a policeman thus relevant to prove the guilt
of accused. Confession before a policeman who acts as Imam is not confession at all because law categorically
prohibits it.

Philosophy of punishment: Punishment is not taken as revenge. It has philosophy behind it. There are four major
points, which supports it. They are as follows:

1. Crime must be punished, as it is evil as against public, which should not be left without tracing.
2. It is deterrence (restriction, hindrance, control, limitation) to public as public remains away in doing such things
result of which is not desirable.

3. It is deterrence to offender himself, as he should not commit such offence again to prevent himself from
punishment.

4. Offender is put to jail as jail prevents offender himself and others to suffer from offences.

Confession after removal of danger Article 41: Where accused makes confession voluntarily after the removal of
impression caused by inducement, threat, or promise are relevant and used in proceedings. Where confession is made
in Panchayat (OÖB‡Ä‚), it is held inadmissible.

Relevant confession under certain circumstances Article 42: Where accused is not bound to confess and confesses
voluntarily is relevant. A relevant confession does not become irrelevant because it was made:

1. Under a promise of secrecy.

2. In consequence of a deception practiced on the accused.

3. When the accused was drunk.

4. In answer to questions which the accused need not have answered.

5. In consequence of the accused not receiving a warning that he was not bound to make it and that it might be used
against him.

6. After removal of inducement.

7. After removal of threat.

8. Before lower rank.

9. Before private person.

10. Before Police Officer where is recovery.

11. After withdrawal of promise.

Statements made by a person in sleep are not receivable in evidence. But a statement made by an accused when he
is drunk is receivable in evidence. If a Police Officer gives an accused liqueur in the hope of his saying something and
he makes any statement, that statement is not rendered inadmissible in evidence. In consequences of question and
answering, statement of accused is considered true. Where accused is not bound to confess, his confession renders
him liable against his guilt. It is notable that above provisions are not applicable in the cases of Hudood.

Consequences of confession are only for confessor Article 43: Where more than one persons commit a crime and one
of them makes confession in a trial, it shall be considered only against the person who makes confession.

Joinders of the same crime are not subject of the confession, which is made from one of them. However such
confession is used as circumstantial evidence against the rest of offenders.

Illustrations: A and B are jointly tried for the murder of C. It is proved that A said: “B and I murdered C”. The court may
consider the effect of this confession as against B.

A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said: “A and
I murdered C”.
This statement may not be taken into consideration by the court against A, as B is not being jointly tried.

In these circumstances, confession of one accused and circumstantial evidence must be corroborated against the
joinder of the crime.

Applicability: Before a statement by one of the accused persons can be taken into consideration against the other
accused, following conditions must be satisfied:

1. The statement that is sought to be used, against the co-accused must be a statement that amounts to a confession.

2. The confessing accused must be tried jointly with the accused against whom the confession is sought to be used.

3. The confessing accused and the accused against whom the confession is sought to be used must be tried for the
same offence, or for attempt, or abetment thereof.

4. The confession must implicate the maker substantially to the same extent as it implicates the accused against
whom it is to be used.

5. The confession must be duly proved.

Liability of cross-examination Article 44: All accuseds are liable to cross-examination. According to the Constitution
of the Islamic Republic of Pakistan “no person when accused of an offence, shall be compelled to be a witness against
himself.”

Admission is not proof Article 45: Unless admission constitutes an estoppel, it is not conclusive and it is always open
to its maker to show that the statements were mistaken or untrue.

Oral evidence Article 70: Facts can be proved by oral evidence where contents of documents are not available. But it
should be direct oral evidence. It means that person who is eyewitness must appear in court to testify the truth of the
facts. Since he has seen the facts on spot in his presence therefore his presence in court strengthens the weight of
evidence. Hearsay evidence is not direct evidence. Law demands that there must be best direct evidence. Document
is preferred on oral evidence. Where written matter is in question, document is the only thing, which can prove the
truth of the dispute. Primary evidence is preferred on secondary evidence.

Secondary evidence is certified copy of public record. It is a document, which rests in the custody of government
officer. He certifies its copy as correct as original. It bears signature, name, designation, and seal of the attesting
officer. Photocopy from the original document is admissible. Copy from copy is not acceptable. Counterpart of original
document is desirable as secondary evidence. Counterpart is the similar document prepared and signed by each party
separately. Each document contains only one signature.

Secondary evidence is given where court permits it. Party itself cannot decide whether primary or secondary evidence
is to be produced. It is only court, which decides the matter on merit. It is allowed in the cases where circumstances
allow. Destruction of documents by way of theft, flood, earthquake, fire etc. may advance the need of secondary
evidence. Where court satisfies, secondary evidence is permitted. It should be taken into consideration that
intentional or fabricated or artificial destruction of document is not acceptable as good ground to advance oral
evidence.

Direct oral evidence Article 71: Oral evidence must be direct as seen, heard, perceived, or held that opinion on such
grounds.

Secondary evidence is permitted where documentary evidence is lost or not available due to reasons uncertain.
Permission of oral evidence requires sufficient proof of having no documentary proof. Only court permits oral
evidence. Where once permission for oral evidence is granted, it excludes the chances to produce documentary
evidence later on in any circumstances. Documentary evidence shall be kept in pocket. Court may say that you were
given the opportunity to testify the truth by documentary evidence, but you failed to do so, therefore, now your right
to produce document shall be subject of the permission of court or the adverse party. It is, in general, not granted.
Where documentary evidence is available, it excludes oral evidence.

Law says categorically that oral evidence must be direct, that is, if it refers to:

1. Seen fact: A fact, which could be seen, the evidence must be of a witness who says he saw it. His evidence on the
seen facts has more weight-age than of who has not seen the fact himself. He also knows well about the
circumstances in which incident takes place. He is the direct source of evidence. Keeping in view of his importance,
court considers his evidence first before going into other sources.

2. Heard fact: A fact which could be heard, the evidence must be of a witness who says he has heard it. Where in a
case of bribe, during the handing over amount, the actual talk between the person giving and taking bribe is the
determinant factor. Mere observation of bribe is insufficient to constitute the offence.

3. Perceived fact: A fact, which could be perceived, by any sense or manner, the evidence must be of a witness who
says that he has perceived it by that sense or that manner. Where death is caused by gas, evidence of the person
who actually smells the gas is relevant.

4. Factual opinion: An opinion, or the grounds on which that opinion is formed, the evidence must be of a person
who holds that opinion on those grounds. In the case of forgery, the opinion of expert who can distinguish or
compare handwriting or fingerprints is relevant. Since he is expert therefore his report is best evidence.

Exception: Although in case of oral evidence it must be direct but there are some exceptions to this rule which are as
follows:

Shahadah-ala-Shahadah (ÑeBér»A Ó¼§ ÑeBéq): Where person has been died or left the country or wants to conceal
himself due to security reasons and possibility of his appearance lacks, a party desirous to produce evidence has a
right to produce Shahadah-ala-Shahadah (ÑeBér»A Ó¼§ ÑeBéq). Where a witness is under fear that he shall be killed
in combat (police contest) can also produce this type of evidence. Under this type of evidence witness appoints two
witnesses who depose on his behalf. It should be kept in mind that clash in oral evidence extinguishes its truth-ness.

Evidence can be transferred to two persons where life of innocent person depends upon evidence of the person who
wants to conceal himself and refrains to appear before court due to reasons certain. Two persons are the requirement
of law as their evidence can be tested against each other while evidence of one person cannot be tested. So to
conclude the case in the absence of actual witness, evidence of two persons becomes necessary.

How oral evidence is got recorded: There are three main methods whereby oral evidence can be got recorded, such
as:

1. Spoken or oral recording: Where witness is educated and able to convey his evidence, having well five senses, i.e.,
has good sight, hearing, and perception power, must get record his evidence personally by way of oral evidence.

2. Written recording: Where witness has all requisite qualities except the power of speaking, i.e., he is dumb (mute,
tongue-tied, silent, speechless), but he may write, he may give evidence by way of writing.

3. In “yes” or “no” form: Where witness is deaf (lacking sense of hearing, hearing impaired, without hearing, unable
to hear) and dumb, he can answer of questions of examiner in chief or cross examiner in term of “yes” or “no” by
body gesture (use of sign language, head motion).

Preference of ocular evidence: Ocular evidence is preferred on hearsay evidence on the grounds of test of eyewitness.
Where document has been lost due to any reason uncertain, evidence of eyewitness can testify its truth even the
person testifying was not signatory on document.

Test of evidence: Court may apply three tests to come to conclusion whether the evidence given is true. Hearsay
evidence is liable to test. Following are the three tests:
1. Oath: In first place, court takes oath from the witness. It is understood that the person giving evidence under oath
is true. But if, later on, it is revealed that the evidence given under oath was false, the same punishment shall be
imposed to the person who gave false evidence. Punishment on false evidence is not forgiven. False evidence is
not tolerated. Particularly when death penalty is imposed on false evidence, the person upon whose false
evidence, innocent person is hanged is also punished with death penalty. In other cases imprisonment upto ten
years can be given.

2. Cross-examination: In second instance, test which court applies is cross-examination. If cross-examiner puts right
questions to witnesses, it can infer the reality. True and untrue can be separated. False and truth can be
discovered. Reality can be exposed. Good cross-examination can bring to light the actual reality.

3. Demeanor (face reading): Finally court may examine the face expression during the evidence. Court shall look into
face and eye expression. Expressions never speak lie. Eyes and face always speak truth. Variance in reality and
statement appears on face, which testifies the actual position of statement.

Exception: Evidence under Shahadah-ala-Shahadah (ÑeBér»A Ó¼§ ÑeBéq) is not applicable in Hudood cases.

Cases in which statement of relevant fact by person who is died or cannot be found Article 46: Some time person
dies and dying makes person incapable to appear in court to give evidence. There may be some other reasons for such
disappearance like that the person has left the country or he cannot be found or he is under fear of death, or other
reasons whatsoever relevant are. His statement can be admitted in lieu of his personal appearance.

There are some exceptions to the Hearsay rule of the evidence. Secondary evidence of any oral statement is called
hearsay evidence. The repetition by a witness of that which he was told by someone else, who is not called as a witness
is hearsay, and is therefore, as a general rule, inadmissible. The reasons for this rule are obvious. We can generally
trust a witness who states something, which he himself has either seen or heard; but when he tells us something,
which he has heard from another person, his statement is obviously less reliable thus unsatisfactory.

A multitude (gathering, collection) of probable contingencies diminishes its value. The witness may have
misunderstood or imperfectly remembered, or even may be willfully misrepresenting the words of a third person; or
the later may have spoken hastily, inaccurately, or even falsely. Moreover, the person who is really responsible for the
statement did not make it on oath; he was not cross-examined upon it, and the court had no opportunity of observing
his demeanor when he made it. It is fundamental principle of our law that evidence has no claim to credibility, unless
it is given on oath, or what is equivalent to an oath, and unless the party to be affected by it has an opportunity of
cross-examining the witness.

Following are the cases in which statement in lieu of evidence is admissible:

1. When it relates to cause of death: Where a person is dying and cannot appear in court for evidence in offence
committed against his body is not required to attend court. Recording of his statement in the presence of two
witnesses is sufficient to prove offence committed. Only Police Officer having jurisdiction over subject matter is
competent to record such dying declaration. Person dying knows well about the murderer or guilty person. He
also knows the reasons of such injury. His statement should be in written form. If he is incapable to write
statement, then competent Police Officer writes the statement in the presence of two witnesses. It may contain
different questions and their answers.

This evidence is admissible only in case where person injured has been died after getting record of his statement.
If he is alive, he must be produced in court for evidence. In another case, this statement must be in writing.

Value of the evidence: Evidence given in such a manner has the same value as evidence given in the ordinary
manner. Death penalty may be given upon this evidence. It is as good as evidence, as ocular evidence is. Court
keeps in view of the smell truth in the evidence.
 Case: In an English case an English lady received grievous injury and was near to death. She was not in such a
position to tell her story. Policeman said her to move her head in “yes” or “no” position when he will ask questions
from her. She replied all his questions, which he recorded. Death penalty was given on this evidence.

Case: In another case witnesses told the story of the person killed. They said that bullet was fired within 10 to 12
feet distance. After getting injury, victim turned back and saw his enemy with gun and then recognized the guilty
person who had fired over him. This evidence was not admitted on the ground that it is not possible for an injured
person to turn back for the recognition of murderer within such distance against the injury caused by such high
velocity gun.

Case: In another case an injured person was taken into hospital and was kept in lawn for a longer time. His
statement was recorded quite after his arrival in hospital. Evidence was not accepted on the grounds of suspect
that doctors might have tried to fabricate the evidence. Since the smell of truth was suspected therefore evidence
not admitted.

2. Where statement is made during the course of business: Where person has made his diary in the course of
business and left the country or concealed himself due to any reason, his recordings can be produced in court as
evidence.

For instance, Captain of the vessel maintains the logbook in which he records day to day transactions such as speed
of ship, its direction on certain time, position in sea, distance from seashore, accident etc. Where Captain is
incapable to appear before court to give evidence due to any reason, his maintained logbook shall serve the
purpose to confirm the evidence. This evidence is as much as valuable as the evidence given by the actual person
required.

Doctors maintain report while making postmortem. They put all transactions in register. In the absence of the
doctor who has made the report, such record can be produced in court to prove the facts in lieu of person who
made it.

Entry of death in corporation’s record is also another instance. Nikah is entered in prescribed form and it is got
registered. Such registry is conlusive proof of Nikah.

3. Admission against the interest of maker: Where an evidence may cause injury to the person giving it and his
statement may contribute in the decision or where he may suffer from the pecuniary loss, upon his behalf, his
statement can be put forward to decide case. Where a person admits the borrowing of Rs. 20,000/- in civil suit, it
means he has admitted the fact against his interest thus his statement serves as valid evidence. Court always
welcomes this sort of admission because it leaves nothing undone.

4. Where custom proves: Where in the dispute as to claim of ownership over pasture (grazing land) could not be
proved due to non-appearance of person, then custom of the locality can prove such dispute. There are certain
customary rights of person over pasture, fishing, boating, well, road etc. The questions whether road is public or
private, statement of the person who knows the facts or village headman are relevant. Person making evidence
certifies in writing that the particular right was customary.

5. Existence of relationship – other person who knows: There are three types of relationships, i.e., blood, marriage,
and by adoption. Where the relationship is to prove and there is not personal evidence, how such relationship
shall be proved? In the absence of principal witness, other people who know or have reasonable believe on the
existence of relationship may appear to give evidence. He may be of witness of solemnization of his marriage or
he may have attended his wedding anniversary or his son’s birthday ceremony. Marriage certificate can prove
existence of relationship. Any other person who has special knowledge can submit his written statement.

6. Proof of Will: Where Will is written and got registered, shall be enough to prove the existence of relationships.
Personal appearance shall become immaterial. When court issues the certified copy of Will, which is called
Probate, proves the relationship. Special mean of knowledge of the facts of relationship proves the case. Pedigree
 tree is such a thing to prove relationship. Family settlement, which is written, is also proof of
Will. Tombstone (memorial, headstone, or piece of stone fixed on grave (iAl¿ `Ì»)) can also be determinant factor.
Family portrait in which all relatives are shown is also proof. It should be noted that this writing must be made
before the dispute is arisen. Fabrication can be put into writing when dispute arises, therefore, statement
produced in court should be prior written.

7. Creation of rights: Where rights are created in favour of others like grazing rights or fishery rights etc., deed in
which such rights are created is conclusive proof of right. Where document or deed is not available the
circumstances such as sub lease may prove the creation of right of certain person or persons.

The question is whether A has a right to a fishery. A deed conferring the fishery on A’s ancestors, a mortgage of
the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage,
particular instances in which
A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbors, are relevant
facts.

8. Several eyewitnesses: Where a person makes a caricature and fifty persons watch it and make protest considering
it defamation are not required to appear before court to prove incident. Mere presence of one person shall be
considered sufficient to prove case. For instance, A sues B for a libel expressed in a painted caricature exposed in
a Station Housing Officer window. The question is as to the similarity of the caricature and its libelous character.
The remarks of a crowd of spectators on these points may be proved.

Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated Article
47: Where a person gives evidence in a judicial proceedings or before any person authorized by law is relevant in later
stage even if he conceals himself later on. Prior evidence is admissible. This provision has some exceptions:

1. Similar proceedings: Proceedings should be same otherwise evidence shall not be relevant.

2. Same parties: Proceedings should be within same parties or their representatives. Where parties are not same,
such evidence becomes irrelevant.

3. Right and opportunity of cross-examination: Right of cross-examination was provided to adverse party. They also
had opportunity to cross-examine. Whether they availed or not the opportunity is irrelevant, but mere the
provision of right and opportunity is sufficient to consider the evidence.

4. Similarity of the questions: Questions should be same in the first and subsequent proceedings. Minor change is
negligible. Substantial similarity is required.

Relevancy of certain judgement in probate, etc., jurisdiction Article 55: Where a judgement in personam is
pronounced, it is considered conclusive proof. For example, where dispute between A and B is pronounced against B
shall not affect to C who is not party to this case. This Article consists on two parts. The first part makes the final
judgement, order, or decree of a competent court in the exercise of probate, matrimonial, admiralty, or insolvency
jurisdiction relevant, the second part makes the judgements conclusive proof in certain matters. But as far as
judgement in rem is concerned, it not considered conclusive proof generally. But there are some exceptions to this
rule such as:

1. Probate: Where court issues certified copy of Will, it effects the necessary and proper parties of the case either
they are present or not in court. Their consents become irrelevant. Where court issues certified copy of Will, it can
be produced as relevant fact in other cases. The grant of probate is conclusive proof of the title of executors and
of the genuineness of the Will admitted to probate. The conclusiveness of the probate rests upon the declared
Will of the Legislature. The grant of probate is the method, which the law specially provides for establishing a Will.
Probate ceases the legal character of demised person. He is now no more owner of the property in question.
2. Matrimonial: Where divorce takes place and judgement is pronounced it becomes conclusive proof being the
separation of the two persons. It is relevant for other party. A judgement of a matrimonial court, decreeing divorce
or nullity of marriage is binding as to the status of the parties concerned. It is conclusive upon all person that the
parties have been divorced and that they are no longer being husband and wife. But a judgement in a suit for
restitution of conjugal rights is a purely private suit between two persons, and such a judgement is not a
judgement in rem within the meaning of this Article.

3. Admiralty: Where matter is related with merchant navy, it affects others. It is relevant for other party. Admiralty
jurisdiction is conferred on several High Courts by Letters Patent. It ceases its legal character.

4. Insolvency: Where a person has been declared insolvent, he affects others who are solvent. His insolvency
becomes relevant for others. A previous judgement passed on a compromise is a judgement in rem within the
meaning of this Article and is therefore no bar to a subsequent suit. Judgement is relevant and conclusive proof
for other solvent associated parties. Judgement declares the legal character of solvent into insolvent. He ceases
to be a solvent.

Conclusive proof: When final judgement is pronounced, it becomes conclusive proof in all cases above noted. Once
the case has been decided it is binding on all parties and relevant as well. Ignorance or consent of others remains no
relevant and important.

Relevancy of judgement in rem Article 56: Any judgement, which is in rem, is relevant for other parties but it is not
conclusive proof, which it includes. This judgement can be considered but not as conclusive proof.

Under this Article judgements relating to matters of a public nature are declared relevant, whether between the same
parties or not. It also forms exception to the general rule that no one shall be affected or prejudiced by judgement to
which he is not a party or privy. The exception just stated is allowed in favour of verdicts. Judgements, and other
adjudication upon subject of a public nature, such as customs, prescriptions, tolls, boundaries between parishes
(district), counties, or manors (large house), rights of ferry, liabilities to repair roads, or sea-walls, moduses, and the
like. In all cases of this nature, as evidence of reputation will be admissible, adjudication, which for this purpose are
regarded as a species of reputation, will also be received, and this, too, whether the parties in the second suit be those
who litigated the first, or be utter strangers.

These exceptions are based on the principle that in matters of public right the new party to the second proceeding,
as one of the public, has been virtually a party to the former proceeding and therefore, he is properly excused. For the
application of this Article two conditions are necessary. Firstly, that the judgement must relate to a matter of public
nature and secondly, that it satisfies the first requirement that it is not a judgement which is admissible under either
of the last preceding two Articles.

Example: A sues B for trespass on his land, B alleges the existence of a public right of way over the land,
which A denies.

The existence of a decree in favour of the defendant, in A suit by a against C for a trespass on the same land, in
which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way
exists.

Judgement other than in rem, public right, and previous Article 57: Where previous judgement, judgement in rem,
and judgement of public right itself comes under litigation as fact in issue then they become relevant.

The cases contemplated by this Article are those where a judgement is used not as res judicata or as evidence more
or less binding upon opponent by reason of the adjudication which it contains, because judgements of that kind had
already been dealt with under one or other of the immediately precedent Articles. But the cases referred to in this
Article are such as the Article itself illustrates viz., when the fact of any particular judgement having been given is a
matter to be proved in the case. As, for instance, if A sued B for slander, in saying that A had been convicted of forgery,
and B justifies upon the ground that they alleged slander was true, the conviction of A for forgery would be a fact to
be proved by B like any other fact in the case, quite irrespective of whether A had been actually guilty of the forgery
or not.

A judgement recovered against a surety will be evidence for him to prove the amount which he has been compelled
to pay for the principal debtor but it furnishes no proof whatever of his having been legally liable to pay that amount
through the principal’s default.

If A gets a decree for the possession of land against X and Y, and X’s son murders A in consequence thereof, the
existence of the judgement is relevant as showing the motive for the murder.

Fraud or collusion in obtaining judgement Article 58: If judgement, which is in rem, i.e., relevant and conclusive proof
against other parties is obtained by way of fraud or collusion (conspiracy) can be challenged on such grounds.
Incompetence of court in above cases can also be challenged.

For example, probate has to issue by District Judge and not by Magistrate. If issued by Magistrate, can be challenged.

Where a child is killed in road accident and an irrelevant person by impersonation shows himself his father and remits
the guilty person for his acquittance, can be challenged.

Relevancy of third party’s opinion Article 59: There are certain things which alone court cannot ascertain. Court needs
help of expertise. Court may need expert opinion in following cases:

1. Foreign law. 2. Science.

3. Art. 4. Identification of handwriting.

5. Finger impression.

Persons who help in such matters are termed as experts. Court forms its opinion with the help of expertise. Their
opinion is relevant.

As a general rule a witness is allowed to speak such facts only as are within his personal knowledge, i.e., which he has
seen or heard or otherwise perceived with his senses. His opinion or belief as to the existence or non-existence of a
particular fact is irrelevant because that is within the exclusive knowledge of the court or the jury, who are to form
their own opinions from the facts placed before them by witnesses. Sometimes, however, cases come up in courts,
which involve matters that are beyond the range of common experience or common knowledge. In those cases, to
assist the court in coming to a correct conclusion, the opinion of those who have had training or experience and are
consequently experts on the particular matters are allowed to be given. Expert opinion is relevant and admissible
merely to aid the court forming its opinion. The court can come to its own conclusion independently of expert’s
opinion.

Illustrations: The question is, whether the death of A was caused by poison. The opinion of experts as to the
symptoms produced by the poison by which A is supposed to have died, are relevant.

The question is whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of
knowing the nature of the act, or that he was doing what was either wrong or contrary to Law. The opinion of experts
upto the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such
unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of
knowing that what they do is either wrong or contrary to Law, are relevant.

The question is, whether a certain document was written by A. Another document is produced which is proved or
admitted to have been written by A.

The opinion of experts on the question whether the two documents were written by the same person or by different
persons is relevant.
Competency of varied opinion Article 60: Where opinion of expert is challenged or rebutted remains relevant until
disproved. When the opinion of an expert is relevant, any fact which supports or is inconsistent with that opinion
cases bearing similarity to the case under enquiry, in order to support his opinion. Similarly, evidence of other facts,
which though not themselves relevant to the issue but which are inconsistent with the opinion of the expert, may be
given in rebuttal. The opinion of an expert is open to corroboration or rebuttal.

The question is, whether a certain poison poisoned A. The fact that other persons, who were poisoned by that poison,
exhibited certain symptoms which experts affirm or deny are to be the symptoms of that poison, is relevant.

Opinion as to handwriting when relevant Article 61: Persons who is acquainted (familiar, conversant) with other
person, his opinion is relevant where matters is concerned with his handwriting. Statement of manager is relevant
with regard to evidence against his stenographer. Close friend or immediate senior can easily identify the handwriting
of their related persons. They have seen their handwriting in normal circumstances. Two persons who are
interconnected with each other and exchange their documents for regular course of business know each-others’
writing. Where person is aware of other, his opinion becomes relevant.

Comparison of signature by court Article 84: Where court is in doubt about the signature may order such person to
put his signature before court and court may compare itself the signature. Court may also compare finger impressions.

The court may direct any person present in court to write any words or figures for the purpose of enabling the court
to compare the words or figures so written with any words or fingers alleged to have been written by such person.

The court may compare the disputed signature, writing, or seal of a person with signatures, writings, or seals which
have been admitted or proved to the satisfaction of the court to have been made or written by that person. A court
may rely upon its own comparison of the signature, writing, or seal, unaided by expert evidence.

There are various admissible ways of proving handwriting. Thus it may be proved:

1. By the testimony of an expert (Article 59).

2. By the person who wrote or signed the document in question.

3. By a witness who actually saw the party writing or to sign the document in question.

4. By the testimony of a person who is acquainted with the handwriting of the writer (Article 61).

Law of evidence provides another mode of proving the document, i.e., by direct comparison of the disputed signature
or writing with the one, which is admittedly genuine or proved to be so. The court is also entitled to make independent
comparison of handwriting apart from opinion of expert.

If a person whose handwriting is in question is present in court, he may be asked to write something for the purpose
of comparison with the writing, which is alleged he has written.

Law authorizes court to order any person to allow his Finger Impression to be taken for the purposes of any
investigation or proceeding under the Code of Criminal Procedure provided that such person has at some time been
arrested in connection with such investigation or proceeding.

In applying the provisions of the law on this topic, it is important not to lose sight of its exact terms. It does not
sanction the comparison of any true documents but requires that the writing with which the comparison is to be made
or the standard writing as it may be called, shall be admitted or proved to have been written by the person to whom
it is attributed and next the writing to be compared with the tendered or, in other words, the disputed writing must
purport to have been written by the same person, that is to say, the writing itself must state or indicate that it was
written by that person.
Opinion as to existence of right or custom, when relevant Article 62: Where court has to ascertain the opinion about
the existence of any general custom or right, the evidence of the person who is likely to know the particular custom
or right is relevant. Evidence of Headman of village is relevant in such cases. This method is applicable in the
ascertainment of general custom or class of persons and not public. Public means entire Pakistan whereas general
custom means particular class of person.

The right of the dwellers of a particular village to use the water of a particular Well is a general right within the meaning
of this Article.

Opinions of persons who are in a position to know of the existence of a custom or usage in their locality are
admissible. For example, a person, who had been in the habit of writing out deeds of sale, or one who had been seeing
transfers frequently made, would certainly be in a position to give his opinion whether there was a custom or usage
in that particular locality. Opinion of such person would be admissible.

When a custom has been repeatedly brought to the notice of the courts and has been recognized by them regularly
in a series of a case, it attains the force of law.

The law provides another exception to the general rule that opinions of witnesses are not admissible in proof of facts.
Law states that where any question of custom or right is to be decided, opinions of person who are likely to know of
it, are admissible.

Law makes relevant opinion as to the existence of any general custom or right, of those persons who would be in a
position to know of the existence of such custom or right if it did exist.

The law does not necessarily require that the person stating his opinion should have personal knowledge of the
existence of the right or custom. He will be qualified to state his opinion if he is in a position to know of the existence
of the custom or usage in question in his locality.

The opinions of person likely to know about village rights to pasturage, to use of paths, watercourses, or ferries, to
collect fuel, to use tanks and bathing ghats, mercantile usages, and local customs would be relevant under this Article.

Tribal or family custom as to inheritance, when in issue, the evidence of members of family or tribe is relevant.
However, it is not necessary that specified instances should be cited.

According to law the opinion of only those person is relevant who are likely to know of the existence of any general
custom or right. Such persons should be residents of the locality.

Opinion as to usages, tenets, etc., when relevant Article 63: Under law opinion of witnesses is admissible on the
following matters:

1. Usages of any body of men, e.g., usages of trade and agriculture, mercantile usages, or any other usages common
to a body of men.

2. Usages of a family, e.g., custom of primogeniture (heritage, legacy, patrimony).

3. Tenets of any body of men. This includes opinion, principle, dogma or doctrine, which is held or maintained as
truth. It will apply to religion, politics, science, etc.

4. The constitution and government of any religious or charitable foundation.

5. Meaning of words and terms used in particular districts or by particular classes.

The opinion, in order to be admissible under law must be that of a person having special means of knowledge. The
opinion may be based on knowledge or information derived from statements of deceased persons.
It is, of course, not the opinion of every person that is made relevant under law. The person whose opinion is declared
to be a relevant fact by this law are those who have means of special knowledge of the matters given under law. In
this way the opinion of the members of a family as to the usages of that family is relevant as the opinion of those
person who had special means of knowledge about the usages of that family.

Opinion on relationship when relevant Article 64: Three ways establish relationship, i.e., blood, marriage, and
adoption. Where court has to ascertain the relationship between two persons, opinion of the person having special
knowledge by way conduct or otherwise know whether they have been living being husband and wife is relevant. This
way of ascertainment is applicable only in the cases where person has been died and inheritance cases etc.

Special knowledge becomes irrelevant where divorce or criminal proceedings are being conducted. Remarriage during
the lifetime of other partner is prohibited and punishable u/s 494 of Pakistan Penal Code.

1. Kinds of relationship: s

a) Blood: s

b) Marriage: s

c) Adoption: s

2. Qualities: s

a) Personal knowledge: s

b) Seen marriage: s

c) Attended wedding ceremony: s

d) Attended son’s birthday: s

3. Administrator of Will: s

4. Witness in deed: Transfer of right.

5. Presence during transaction: Like marriage, adoption, or engagement.

Grounds of opinion when relevant Article 65: Where the opinion of an expert is receivable, the grounds or reasoning
upon which such opinion is based may also be inquired into. Opinion is no evidence without assigning the reason for
such opinion.

In civil cases character to prove conduct imputed irrelevant Article 66: Character of the witnesses in both criminal
and civil cases can be taken into consideration. As far as civil cases are concerned personal character of party is
irrelevant. But in criminal cases personal character of the party is relevant.

Where itself character is under proceeding directly then personal character becomes relevant. Piousness of the party
is not taken into consideration. They have to produce evidence on the matter under litigation.

In respect of the character of a party, two distinctions must be drawn, namely, between the case when the character
is in issue and is not in issue and when the case is civil or criminal. When a party’s general character is itself in issue,
whether in a civil or criminal proceeding, proof must necessarily be received of what the general character is or is not.
But when general character is not in issue but is tendered in support of some other issue it is, as a general rule,
excluded.
In criminal cases previous good character relevant Article 67: Good character of accused in criminal case is relevant.
The principle upon which good character may be proved is that it affords a presumption against the commission of
crime. This presumption arises from the improbability, as a general rule as proved by common observation and
experience, that a man who has uniformly pursued an honest and upright course of conduct will depart from it and
do an act so inconsistent with it.

The accused, therefore, is always at liberty to adduce evidence of his good character as tending to disprove his
commission of the offence. But if the offence charged against the accused is clearly established the evidence of good
character will not be of much avail to him.

Meaning of character: According to Oxford dictionary the term “character” means, “collective peculiarities or
persons mental and moral qualities”.

Definition of character: According to Webster’s dictionary, “character is a combination of the peculiar qualities
impressed by nature or by habit of the person, which distinguish him from others”.

Previous bad character not relevant, except in reply Article 68: Articles 67 and 68 should be read together. This law
does not apply to cases in which the bad character of any person is itself a fact in issue. A previous conviction is relevant
as evidence of bad character. Evidence of previous conviction is relevant as evidence of bad character according to
law.

The rule embodied in this Article is found on the reason that such evidence tends to prejudice the tribunal against the
accused and interferes with the formation of a calm and dispassionate (fair, impartial, neutral, judicial) judgement of
the case.

Evidence of bad character of an accused person (of whose good character, evidence has been given) is not relevant
under law for he purpose of raising a general inference that the accused is likely to have committed the offence
charged.

Such evidence is irrelevant and cannot be legally admitted in evidence whether elicited (obtain, summon, gain) by
prosecution or by the defence. Where accused is caught red handed, there good character becomes irrelevant.
Prosecution cannot advance bad character in arguments. It is open only where accused gives evidence of his good
character.

As a general rule, it is not competent for the prosecution to show in the first instance that the accused bears a bad
character. Where, however, the accused given evidence of his good character, it will be then open to the prosecution
to show that he is of bad character. In other words, evidence of bad character of the accused is admissible only in
disproof of the evidence of his good character.

Character of affecting damages Article 69: In civil litigation where character affects the amount of damages, it
becomes relevant. It is in civil cases, where the question amount of damages to be awarded to the plaintiff is
concerned, that the character of the plaintiff becomes relevant.

In civil cases good character, being presumed, may not be proved in aggravation of damages, but bad character is
admissible in mitigation of damages, provided that it would not, if pleaded, amount to a justification. For instance, in
cases of defamation the general bad reputation of the plaintiff may be proved. In cases of breach of promise of
marriage the plaintiff’s general character for immorality is relevant. In cases of reduction evidence of the general
character for immorality on the part of the person is relevant. The argument in favour of considering reputation is that
the person should not be paid for the loss of that which he never had.

According to the law, evidence can be given only of general reputation and general disposition and not of particular
acts by which such reputation or disposition is shown.
Where the character of a person affects the amount of damages, such character is a part of the issue.
Where A sues B for defamation, and the issue is as to the proper amount of compensating the question arises whether
it is fair to measure his compensation by the quality of an original actual standing in the community, and, in particular,
whether the fact that he had little or no reputation to loose may be considered as good reason for diminishing the
damages accordingly.

Character evidence of the daughter is admissible in an action for seduction brought by the father for her disgrace to
the father must naturally be less or lacking if the daughter is already of bad reputation for chastity; her previous bad
reputation may, therefore, be show. The father’s own reputation is immaterial in such a case.

In actions for malicious prosecution, the defendant may show the general bad reputation of the plaintiff as known to
him when he launched the prosecution.

Proof of contents of documents Article 72: Contents of documents should be proved either they are direct or indirect.
This proof should be upto the satisfaction of court. Where court does not satisfy, proof shall remain unacceptable and
judgement shall remain in pipeline. It may be proved by oral or documentary evidence, but where documentary proof
is available, it excludes oral evidence. Oral evidence comes later where documentary proof becomes impossible.
Where both evidences are available, as a general rule, documentary evidence excludes oral evidence.

Where the contents of document are to be proved, the general rule is that these must be proved by the production
of the original document or what in other words is known “primary evidence”. Where, however, the original cannot
be obtained, e.g., where it is lost or destroyed due to any certain or uncertain reason, there the secondary evidence,
e.g., a copy of it or an oral account of its contents may be adduced.

It is clear that contents of document must be proved by primary evidence unless secondary evidence is declared
admissible under circumstances which law accepts.

The term primary and secondary evidence, are mainly of importance in connection with documents though the term
primary evidence is also, but rarely, applied to oral evidence of which direct evidence is said to be primary.

Primary evidence Article 73: Article 73 says that as far as primary evidence is concerned, document itself constitutes
it on which the dispute arisen.

This Article defines “primary evidence”, which means the document itself produced for the inspection of the court.
The fundamental notion of producing the primary evidence that the terms of writing must be proved by producing it
and not by offering testimony about it. When the writing constituting a bilateral transaction is executed by the parties
in duplicate or multiplicity, each of these parts is the writing, because by act of the parties each is as much the legal
act as another. It can make no difference that one party has signed on the document, taken by the other, except
where it is desired to prove specifically the signature.

In the case of counterparts, each document is fully executed by that party. Execution in counterparts is a method of
execution adopted when there are two parties to the transaction. Only that is to be bound by it and that party delivers
it to the other party. Thus if the transaction is a contract between A and B, the document is copied out twice
and A alone signs one document while B alone signs that other.

Where a document is executed in parts, i.e., each party prepares document on the stamp paper of the similar value
and signs it shall constitute the original document admissible for evidence. The expressions “executed in several
parts” and in “counterparts” refer to the mode in which documents are sometimes executed. It is necessary to
execute a document in several parts when each party to a transaction wants to have a complete document in his own
possession. To effect this, the document is written as many time over as there are parties and each document is
executed, i.e., sealed and signed, as the case may be, by all the parties and then each party retains one document thus
executed.
There is a far better guarantee for a number of printed paper struck off from the same machine at the same time being
correct facsimiles of each other, than of a number of written paper, for here the draftsman or draftsmen may
introduces differences impossible with the machine. In this case, each machine made copy is accepted as primary
evidence of all the other, inter se. For instance, if it is desired to prove the publication of libel in a newspaper and copy
of the issue in which the libel appears would be primary evidence of publication in all the other copies of that issue.
Thus, printed, lithographic, photographic, and other reproductions made by one uniform process are primary evidence
of each other. But if, in the circumstances of a particular case, the original not a reproduction but the document from
which the reproduction was made, the reproduction would be merely secondary evidence of the original.

Secondary evidence Article 74: Where court accounts for a party and party advances reason for the lost or damage of
primary evidence, the secondary evidence shall be admissible. Original document may be brunt, lost, stolen, or in the
possession of opponent or adverse party and cannot be produced in court as primary evidence.

Law says that primary evidence is the best evidence obtainable, i.e., the statement of an eyewitness or an original
document. This Article defines secondary evidence. The secondary evidence as the name implies assumes the
existence of better evidence, i.e., the original evidence. As a rule secondary evidence is not admissible until the non-
production of primary evidence is accounted for.

Following constitutes secondary evidence:

1. Certified copies: Certified copies mean copies signed and certified as correct by officials having custody of the
original. Public document may be proved by mere production of certified copies. Law says that every document,
which purports to be a certified copy, is to be presumed to be genuine.

2. Copies by mechanical process: Where a number of documents are all made by one uniform process, as in the case
of printing, lithography or photography, each is primary evidence of the contents of the rest. But where they are
all copies of a common original, they are not primary evidence of the contents of the original. This law supposes
the document from which a mechanical reproduction is made to be the original document. Copies in order to be
admissible as secondary evidence must have been made from the original by some mechanical process which
would ensure the accuracy of the copy, e.g., printing, lithography, photography and the like.

3. Copies made or compared from original: A copy merely as a piece of paper, has no standing as evidence. It is not
admissible even as secondary evidence of the contents of the original. But a copy made from the original though
not compared with the original is admissible as secondary evidence. So it is a copy compared with the original
though not made from the original. It follows, therefore, that a copy, which has neither been made from the
original, nor has been compared with the original, will be inadmissible in evidence. Secondary evidence under this
Article includes copies made from or compared with the original and even oral account of the contents or a
document given by some person who has himself seen it.

4. Counterparts of document: Where a document is executed in counterparts, each party only signs the part by
which he is bound and each counterpart is the primary evidence against the party signing it and his privies. But
each counterpart is only secondary evidence as against the parties who did not execute it. Execution in
counterpart is a method of execution, which is only adopted when there are two parties to the transaction. Thus
simultaneous execution of a lease and qabuliat (OλÌJ³) is a well-known form of the execution of a document in
counterparts.

5. Oral evidence of eyewitness: This clause means that the oral evidence of the contents of the document must be
given by some person who has seen its contents, that is to say, who has read the document. The oral account of
contents of a document given by some person who has merely seen it with his own eyes but is unable to read it is
not secondary evidence of the document.

Proof of documents by primary evidence Article 75: This law embodies the general rule that the contents of a
document may be proved either by primary or by secondary evidence. This law rests on the maxim that the “best
evidence” must always be produced. The reasons are simple and obvious enough, as dictated by common sense and
long experience. Since the best evidence of the contents of a written instrument is the instrument itself, that must be
produced and no secondary evidence of its contents will be admissible unless the absence of the original is
satisfactorily accounted for. For example, by proving that it is lost or destroyed, or that it is in possession of the
opposite party and he will not produce it after a notice to produce has been duly served upon him.

Cases in which secondary evidence relating to document may be given Article 76: The general rule is that the contents
of a document must be proved by the production of the original document itself and that no secondary evidence of
its contents will be admissible unless the non-production of the original has been satisfactorily accounted for.
Document means a document admissible in evidence. If a document is admissible in consequence of not being
registered or not being properly stamped, secondary evidence cannot be given to its existence. There are exceptional
cases, however, in which secondary evidence of document is allowed and those are stated in this Article which are as
follows:

1. Document is beyond reach: This clause contains three conditions for the application of this clause namely, that
when the original is:

(1) In the possession or power of the person against whom the document is sought to be proved.

(2) Of any person out of the reach of or not subject to the process of the court.

(3) Of one legally bound to produce it but remain fails after notice is served.

Under this clause secondary evidence may be given of the contents of the document when the original is in
possession of power of the adverse party and he fails to produce it after a notice to produce has been duly served
upon him.

In this case any secondary evidence of the contents of the document is admissible.

2. Written admission against interest: Where opponent party admits the contents in writing. Under this clause
written admission of the contents of a document by person against whom they are sought to be proved are always
admissible as proof of the contents of the document even though the original is in existence and no notice to
produce it given. Under this clause the person contemplated is the person in whose possession the document is.
In such a case secondary evidence of the contents of such a document can be given without giving notice to that
person to produce the document.

Only written admission is admissible.

3. Destruction cases: The loss of destruction of writing, if satisfactorily shown, opens the door for the admission of
secondary evidence as to its contents. Copy of a private document is only admissible after proof of loss or
destruction of original. Where it has been satisfactorily shown that the original writing is lost or destroyed,
secondary evidence of the contents of such writing is admissible.

In this case any secondary evidence of the contents of the document is admissible.

4. Heavy in size: Secondary evidence is admissible when it is impossible or highly inconvenient to produce the original
or on account of the great and impracticability of producing the original. This occurs where the original is a fixed
inscription (writing), such as that on a tombstone or flag displayed at a public meeting or a placard pasted on a
wall. Similarly notices warning to trespassers affixed on boards may also be proved by secondary evidence, since
they account conveniently, if at all, be produced in court.

In this case any secondary evidence of the contents of the document is admissible.

5. Immovable: The law says that thing not easily moved, as in the case of things fixed in the ground or a building, for
example, notices painted on walls, tablets in buildings, tombstones, monuments, or marks on boundary stones or
 trees. Secondary evidence is admissible on account of the great inconvenience and impracticability of producing
the original.

In this case any secondary evidence of the contents of the document is admissible.

6. Public document: Where the original is a pubic document, secondary evidence of its contents is admissible even
though the original is in existence and available. This exception has been adopted for reasons of “the great
inconvenience in removing the public documents” and the risk of loss that would be incurred if they were
removable. Under this clause only a certified copy of the document is admissible. This clause is intended to protect
the originals of public records from the danger to which they would be exposed by constant production in
evidence. Public documents can only be proved by their production or by secondary evidence of the nature
described in this clause. The oral evidence of a witness cannot prove them.

Only certified copy of the document, but no other kind of secondary evidence, is admissible.

7. Permissible copy: Certified copies are admissible as secondary evidence under this clause. Articles 76, 78, and 86
may be read along-with it where an original document cannot be given in evidence owing to a statutory ban its
certified copy cannot be admitted in evidence, e.g., certified copy of the income tax return. When a document
falls within this clause only a certified copy is admissible in proof of its contents.

Only certified copy of the document, but no other kind of secondary evidence, is admissible.

8. Numerous accounts: This provision is meant for saving public time. Where the fact to be proved is the general
result of the examination of numerous documents and not the contents of each particular a document and the
documents are such as cannot be conveniently examined in court, evidence may be given, under this Article, as to
the general result of the document by person has examined them and who is skilled in the examination of those
documents, although they may be public within the meaning of this Article.

Evidence may be given as to the general result of the documents by any person who has examined them, and who
is skilled in the examination of such document.

9. Forming judicial record: Where original document is within the custody of court being judicial record and remains
unable to produce, its secondary evidence shall be admissible.

Rules as to notice to produce Article 77: Notice is required in order to give the opposite party a sufficient opportunity
to produce the document, and thereby to secure the best evidence of its contents. Such notice may be disposed of
with if it is not necessary on the pleadings or the court thinks fit to dispense with it.

When a document is in the hands of opposite party, it is necessary to serve him or his counsel with a notice to produce
it and upon proving the service of the notice, secondary evidence of its contents may be given. The object of a notice
is to give the adverse party an opportunity by producing the original to secure, if he pleases, the best evidence of its
contents, and if he does not, to enable the party serving notice to give secondary evidence.

Notice to produce is not necessary in the following cases:

1. Notice: When the document is itself a notice, e.g., a notice to quit, a notice of dishonour of a bill, or a notice to
produce. The reason for this is that if notice were required in case of notices, notices must go on ad
infinitum (infinity, endless).

This exception appears to have been originally adopted in regard to notices to be produced for the obvious reason
that if a notice to produce such a document were necessary the series of notices would become infinite.

2. Awareness of adverse party: Where a document is in the possession or under the control of a party and he fails to
produce it, it should be taken that from the very nature of the case he knew that he would be required to produce
it.
 A notice to produce is not required when the nature or the case sufficiently informs the adverse party that he will
be required to produce the document.

3. Fraudulent acquisition of adverse party: A notice to produce is not required if the adverse party obtains the
possession of the document, the production of which is required, either through fraud or force.

4. Original already in court: The object of the notice is not to give the opposite party an opportunity of producing
the proper testimony to support or impeach the document, but merely to enable him to produce it, if he likes, at
the trial and thus to secure the best evidence of its contents.

Where a party is shown to have the original with him in court and refuses to produce it, secondary evidence will
be admitted notwithstanding the want of a notice to produce.

5. Admission of lost by adverse party: If the adverse party or his agent admits the loss of the original document,
notice to produce the document to the adverse party is nugatory (worthless). Where the document is admitted
by the opponent to have been destroyed or lost or even out of his possession, no notice is necessary, for it is no
longer a case of opponent’s possession but of loss.

6. Person, out of the reach or not subject of the court: Where the original is in the possession or power of a person
outside the jurisdiction of the court, no notice to produce is necessary.

Proof of signature and handwriting of person alleged to have signed or written document produced Article 78: No
writing can be received in evidence as a genuine writing until it has been proved to be a genuine one, and none as a
forgery until it has proved to be a forgery. Writing itself is not evidence of one thing or the other unless accompanied
by a proof of some sort, admissible in evidence.

Merely presentation of document in court as evidence is not sufficient. It is to be proved. A question always arises
when document is produced, whether it is genuine one, i.e., signed or written by the person by whom it purports to
have been signed or written.

Two witnesses must prove its truth. Where two witnesses are not available, one alive witness must testify its truth as
document was written and executed before him and was signed in his presence. Attesting witness has to be brought
in court to prove contents of document.

Where signature is obtained on white paper and later on text is written on it in the absence of the person, who had
signed it, it shall not constitute the document originally executed. Execution of document must be completed in the
presence of the persons between whom it is. It shall not be acceptable at all in the court of law. Such type of document
does not create any right acceptable by court.

Where a document is registered, it may be taken to be proved without any independent proof of its execution being
given.

This Article does not, however, lays down any particular mode of the proof of the signature of the writing, it merely
requires the signature or the writing to be proved. Any mode of proof recognized by the Order may, in the discretion
of the Judge and the circumstances of the case be considered sufficient.

1. Comparison by Court itself under Article 84:

2. Testimony of export under Article 59:

3. Person who wrote:

4. Witness who saw:

5. Who acquittance handwriting under Article 61:

6. Counterpart:

7. Attesting witnesses:

8. Admission of party:

9. Circumstantial evidence:

10. Modern devices:

Proof of execution of document required by law to be attested Article 79: Two witnesses must prove the authenticity
of the written document. This is legal requirement without which is has not evidentiary value at all. Both witnesses
shall have to testify its truth. If one witness is died, second one shall testify in the absence of second one. Witness
testifying must be subject to the court. Witness must be capable being witness. When witness becomes mad after
making attestation, he shall become incompetent to testify the contents of document.

There are, however, certain exceptions to the rule that a document required by law to be attested must be proved by
calling two of the attesting witnesses. These are:

1. When a party to the document admits its execution by himself.

2. When the document is thirty years old, the court may presume due execution and attestation and dispense with
proof.

3. When the document is a registered one and executant does not specifically deny its execution, against whom it is
to be used.

4. When the document is proved to be in possession of the adverse party who refuses to produce it after a notice.
In such a case the party may give secondary evidence without calling the attesting witnesses.

Attestation means the witnessing of actual execution of document and of mere acknowledgement of execution by
the executant. The attesting person must have seen the executant signing the document. Mere acknowledgement by
executant before attesting person is insufficient.

Proof of signature: Ordinary rule for proving signature of any person on document would be to call the person in
evidence. Where person who was alleged to have executed document had denied his signatures, calling that person
in whose presence such document was executed could prove his signatures.

Proof where no attesting witness found Article 80: Mere presentation of original document in court is not sufficient
to testify its truth or originality. Not only its production in court is necessary but its prove by the attesting witness is
necessary.

This Article lays down the mode of proof of execution of documents that require attestation. This means that the
Article is not attracted for the proof of documents, which requires no attestation. It provides for the contingency
when no attesting witness is found or the document is executed in United Kingdom. It lays down that an admission
of execution of the document by the party shall be sufficient proof of the execution of the document even thought
the document is one which by law requires to be attested.

Where the witness is not available who had attested the document at the time of its execution, it shall be proved
either he has been died or gone elsewhere not possible to call.

Where the executant of, and all the marginal witnesses to, a mortgage deed was deed, it was held that the mortgage
deed was sufficiently proved by evidence that the signature of the mortgagor was in his own handwriting. Also that
the signatures of two of the marginal witnesses, were in their handwriting.
Admission of execution by party to attested document Article 81: Law enacts that an attesting witness is not
necessary when a party executing a document admits the fact of execution. This Article applies only to a document
duly executed, that is, executed in accordance with the formalities connected with a particular document.

The term “admission” in this Article relates only to the admission of a party in the course of trial of a suit and not to
the attestation of a document by the admission of the party executing it.

This Article applies only to documents, which have been properly attested. Provisions of law requiring for the validity
of certain instruments their attestation by certain number of witnesses are rules of law and not mere rules of evidence.

According to this Article, the admission of execution is sufficient proof against the party who admits the execution,
but as against other parties the documents is to be proved by calling at least one attesting witness. Such admission is
neither binding upon the other defendants who were not a party to it, nor upon the legal representative of the person
admitting execution, as for instance, his son, or transferee.

The effect of this Article is to make the admission of the executant a sufficient proof of the execution of a document
as against the executant himself, even though it may be a document attestation of which is required by law.

This Article operates only where the person relying on a document has not given any evidence at all of due execution
of the document by the executant but relies on an admission of execution by the later. So that if a mortgagor admits
execution of a document in the written statement, it is wholly unnecessary for the mortgagee to adduce any evidence
as to the execution of the document.

Where party admits the execution of document, it becomes sufficient proof of its truth and originality. Sale agreement
in which at least two witnesses are necessary and registry in which also two witnesses are necessary itself is proof.
Where legal requirements have been fulfilled, no extra effort is required to prove the document.

Where it is proved that the document was executed on gunpoint or the white paper was got signed and was not
executed in accordance to law shall not be proof of its truth.

Proof when attesting witness denies the execution Article 82: Principally the attesting witness is required to prove
the contents of document, but where he so denies, other means are required to prove the document. This denial may
be at any reason.

This Article applies to all attesting witnesses, whether the documents require attestation or not. Thus, this Article
becomes applicable if the attesting witness when called and examined deposes that the person alleged to have signed
the document had only signed a blank paper. To sum up, this Article provides that if attesting witness to a document
denies or does not recollect the execution of the document, its execution may be proved by other evidence.

Where an attesting witness has denied all knowledge of the matter the case stands as if there was no attesting witness
and the execution of the document may be proved by other independent evidence.

The attestation of a document does not amount of an admission of its contents by the attesting person unless it can
be proved that the document was read ever to him and that he made attestation conscious of the statement made in
the document.

Proof of document not required by law to be attested Article 83: Under Registration Act, there are two types of
documents, i.e., registration of those is necessary and those registration of, which is optional. If document is got
registered registration of, which is optional, does not require to be proved as if it was unattested.

This provision is applicable only if all the parties are before the court, and in ex parte proceedings, the attesting person
should yet be called. The executant of a receipt need not be examined where the payer has sworn to the payment.

Where the law does not require attestation for the validity of a document, it may be proved by admission or otherwise,
as though no attesting witness existed.
Comparison of signatures, writing, or seal with other admitted or proved Article 84: There are certain modes of
proving documents as follows:

1. Opinion of expert Article 59: Where court becomes unable to ascertain the originality of the fact, opinion of an
expert resolves the problem.

2. Opinion of the person so acquainted Article 61: Person who is so acquainted with the handwriting of the writer,
e.g., Manager may prove the handwriting of his Steno.

3. Person who writes the document: Person who actually writes or signs the document may also prove the truth of
the document.

4. Who has seen the writing actually: Person who actually saw the party wrote or signing the document may also
prove its contents.

Court may compare the signature, writing, or seal itself. Person present in court is asked to produce his writing,
signature, or seal to append before court. Court itself examines the originality.

The court may compare the disputed signature, writing, or seal of a person with signatures, writings, or seals which
have been admitted or proved to the satisfaction of the court to have been made or written by that person.

In applying the provisions of this Article it is important not to lose sight of its exact terms. It does not sanction the
comparison of any true documents but requires that the writing with which the comparison is to be made or the
standard writing as it may be called, shall be admitted or proved to have been written by the person to whom it is
attributed. Next the writing to be compared with the tendered or, in other words, the disputed writing must purport
to have been written by the same person, that is to say, the writing itself must state or indicate that it was written by
that person.

Maxim “secundum allegata et probat” person alleging a fact must prove it. Plaintiffs having relied upon documents in
question were required to satisfy court about the correctness and genuineness of the same.

Where such signature, writing or seal on particular document is not proved or admitted to be genuine, it cannot be
legitimately used for comparing it with the signature, writing, or seal on other documents.

A court can call upon the accused to give his writing in court and make it available for comparison by an expert. A
court has power to direct an accused person, present in court to make his finger impression for the purpose of
comparison with another impression supposed to have been made by him.

Public documents Article 85: Documents are of two types, i.e., public and private. Article 85 deals with public
documents. Article 86 simply says that documents which do not fall within the purview (reach, range) of Article 85 are
private documents.

Under Article 85 only such documents are considered to be public document as form the acts or records of public
officers. The mere fact that a document is kept in a public office does not entail the inference that it is a public
document. It must be shown that it was prepared by a public servant in the discharge of his official duty. It can be
produced as evidence without seeking of permission from court.

Following are the public documents as enumerated under Article 85:

1. Record or Act of the sovereign such as statues, gazettes, proclamations, and such like that.

2. Act or record of the tribunals such as records of courts of justice, decrees, judgements, writs, warrants, bill, etc.

3. Act or record of the public officers, legislative, judicial and executive of any part of Pakistan or of a foreign country.
4. Public records kept in Pakistan of private documents such as registries, Wills, etc.

5. Record of judicial proceedings such as record of confession made by Magistrate, deposition (attestation,
announcements) of witnesses, oral information given to the pubic officer as to the commission of a cognizable
offence and reduced to writing by him u/s 164 of Code of Criminal Procedure.

6. Any documents which maintains public servant under any law of Pakistan such as mortgage deed register
according to law is a public document under this clause.

7. Registered documents the execution whereof is not disputed.

Private documents Article 86: All the documents, which do not fall within the definition of public documents, are
private documents. All the documents, which are not defined as public documents, are private documents.

Certified copies of public documents Article 87: Under this Article certified copy of public record is defined. Following
are the ingredients to form a public record as certified copy:

1. Who may issue: A public officer in whose custody public record is kept ordinarily during the course of normal work
is authorized by law to issue certified copy of public record. Person who does not keep such record in ordinary
course of official duty is not authorized by law to issue such certified copy.

2. Payment of legal fee: It is very important part of the issuance of certified copy of public record that fee has been
paid for it before its issuance.

3. Issuance on demand: Person who has right to inspect the record may apply for the certified copy of public record.
It is not issued without application of its demand.

4. Certification on foot of document: At the foot of the copy from public record, officer authorized puts the words
“certified to be true copy”. Mere photocopy of public record does not form certified copy unless it is specifically
certified as provided in law under Article 87 of the Qanun-e-Shahadat Order.

5. Name of issuing authority: Person who is issuing the certificate shall mention his name on certified copy.

6. Designation: Authority issuing certified copy shall also provide her designation as to have authority to issue such
certified copy.

7. Signature: Officer issuing the certified copy puts his signature below the words “certified to be true copy”.

8. Date: Date is mentioned on which certified copy is issued.

9. Seal: Certified copy of public record remains incomplete until or unless official seal is not put into it.

Proof of documents by production of certified copies Article 88: Under law, entry contents of public record can be
proved by production of certified copy. This rules is based on the ground of convenience of, since removal of the
original for production in evidence would delay and hinder the official use of the files, would subject them to the risk
of loss and would damage them by constant wear and tear.

Proof of other public document Article 89: This Article indicates how certain public documents are to be proved. A
public document may be proved by the production of the original, or by a certified copy under Articles 88, or in the
manner prescribed by Article 89.

1. Government notification may be proved by producing a copy of the Gazette in which it is published

2. Proceedings of the Legislature may be proved by the journals of those Legislatures, or by published Acts or by
copies purporting to be printed by Government.
3. Proceedings of municipal body may be proved by a copy of which proceedings certified by the keeper thereof, i.e.,
secretary of municipality.

4. A foreign public document may be proved by the original or by a certified copy. But in the later case, the legal
keeper of the document must certify the copy and there must be a certificate by a notary public or a diplomatic
agent, to the effect that the legal keeper of the original has certified the copy.

Presumption as to genuineness of certified copies Article 90: Law raises a presumption as to the genuineness of
certificates, certified copies or other documents which purport to be certified by any officer of the Central
Government or by duly authorized officer in an acceding or non-acceding State.

Document produced in court in compliance of prescribed manner is presumed genuine and officer who attests it is
presumed authorized by law until this presumption is disproved.

Court is bound to draw the presumption that a certified copy of a document is genuine and also that the officer signed
it in the official character which he claimed in the said document. This presumption is liable to be rebutted. The words
“shall presume” indicate that if no other evidence is given the court is bound to find that the facts mentioned in the
Article stand exist.

When case comes to court, court presumes in favour of one party. Accused is presumed innocent until or unless
prosecution proves his guilt.

Where stolen goods are recovered from a person, court shall presume that he is either thief or receiver of stolen goods
until or unless he proves his innocence.

There are two types of presumptions, i.e., presumption of law (ir-rebut-able) and fact (rebut-able).

Under the old law of Evidence, where child is born after marriage, even after a week, was presumed legitimate
provided husband does not denounce his legitimacy. This was rebut-able presumption of fact.

According to current Qanun-e-Shahdat Order, a child is presumed legitimate if he borns at least after six month of the
solemnization of marriage provided husband does not denounce his legitimacy. This is also rebut-able presumption of
fact.

Where presumption has been drawn in favour of one, no one can rebut it. Law has presumed that child under age of
seven year is doli incapax, i.e., incapable of having mens rea. Therefore murder cannot be proved against child under
seven years of age. This is ir-rebut-able presumption of law.

Presumption as to documents produced as record of evidence Article 91: This Article does not deal with the
admissibility of the document referred to therein, but simply dispenses with the necessity of their formal proof by
raising the presumption that everything in connection with them had been legally and correctly done. The court shall
presume these things, viz.

1. That the document purporting to be recorded evidence or statements or confessions are genuine.

2. That the statements as to the circumstances under which they were taken by the officer who affixed his signature
are true.

3. That the evidence, etc., was duly taken.

The Article does not render admissible any particular kind of evidence but only dispenses with the necessity for formal
proof in the confession duly taken is tendered in evidence in the Sessions Court, calling Magistrate who recorded it.
The court in such a case will presume that the document is genuine and the signature affixed is that of the Magistrate
by whom it purports to be signed.
Presumption as to genuineness of documents kept under any law Article 92: Any document kept as required by law
is presumed correct and genuine. Marriage Certificate is a public record. Date of birth in Municipal Committee is public
record thus authentic and correct. Under this Article the court is bound to presume the genuineness of every
document purporting to be a government Gazette, a newspaper, a journal, or a copy of a private Act of Parliament
printed by the official printer. The presumption is rebut-able.

Presumption as to maps or plans made by authority of government Article 93: Any plan or map which government
either central or provincial publishes for public purposes are supposed correct and genuine. Published charts are true
until they are rebutted or disproved. They must be available in market for public use. Where map is prepared for
departmental use or for own use shall not be presumed as genuine or correct.

Presumption as to collections of laws and reports of decision Article 94: The Article dispenses with the proof of books
purporting to be published by the government of any country, containing laws and decisions of the court. Their
accuracy and genuineness is to be presumed.

This Article lays down that when the court has to form an opinion as to a law of any country, any statement of such
law contained in a book purporting to be printed or published under the authority of the government of that country
and to contain any of the laws of that country shall be presumed to be genuine.

Presumption as to power of attorney Article 95: When principal gives authority to his agent to act on his behalf is
presumed the act of the principal itself. This Article authorizes court to presume the genuineness of the execution and
authentication of a power of attorney when such execution was done before and authentication was done by any of
the officials mentioned in this Article.

The court shall presume the due execution and authentication of a power of attorney when executed before and
authenticated by a Notary Public, or any court, Judge, Magistrate, Pakistan Counsel, or Vice Counsel, etc.

A power of attorney is writing authorizing another person to do any lawful act instead of another, e.g., to receive
debts or dividends, sue a third person, etc. This instrument empowers that other to act in his name exactly as the party
giving it himself would do until revocation.

Presumption as to certified copies of foreign judicial records Article 96: Where double certification is obtained as to
foreign judicial record attested by Pakistan Counsel is presumed correct. It is mandatory and not optional. The
authority of that relevant country firstly attests copy of the foreign law and then by the Pakistan Counsel.

This Article lays down that the court may presume the genuineness and accuracy of any document purporting to be
certified copy of any judicial record of any foreign country, provided such copy is duly certified by a representative of
the Central Government in that country, to the effect that the copy has been certified in conformity with the rules in
force in that country for the certification of copies of judicial records. The presumption is permissive as the words
“may presume” indicate and is rebut-able.

Presumption as to books, maps, and charts Article 97: Where any book, map, or chart is published nature of which is
public or general interest, court presumes that it is done by the person who claims it. Where book of art or science is
published for public consumption, court draws presumption as to its author, publisher, and date of publication is
correct as indicated in it. But the rest material is to be proved.

Presumption as to telegraphic message Article 98: Where telegraphic message is transmitted from the telegraphic
office, court may (optional) presume its contents are correct because there is no reasonable cause that office of
telegraph shall change the contents of the transmission. But name of the transmitter is not presumed as it appears on
the face of transmission. Contents of the telegraphic message are presumed correct which were given to telegraphic
office. Presumption is not drawn as to its sender. It is to be proved.

The court is forbidden to make any presumption as to the person who transmits telegram. The Article enables the
court to accept the hearsay statement as evidence of the identity of the message delivered with that handed in.
This Article raises the presumption that a telegraph message received by addressee from the telegraph office
corresponds exactly with the message handed in by the sender at the office of origin. This Article does not allow court
to presume as to the persons by whom the message was delivered for transmission.

Presumption as to due execution, etc., of documents not produced Article 99: Where document is executed, court
shall presume that it is originally executed according to law and date and signatures are correct. Two competent
witnesses have duly verified it.

Where document is within the custody of person other than original, court shall summon him. Where summon is
defeated court shall allow the secondary evidence and also presume that the document refused to produce was duly
attested, stamped, and executed in the manner prescribed by law.

Presumption as to documents thirty years old Article 100: Normally document produced in court is required its proof.
But the ancient document of thirty years needs not to be proved. Its contents are presumed correct but it is optional
and not obligatory on court. As is apparent from the words of the Article, the presumption mentioned herein is
permissive and not imperative. Thus, if a document is proved to be thirty years old and comes from the proper custody,
the court is not bound to presume its genuineness.

Where documents is within legitimate custody where they should be, theirs contents also be presumed correct.
Custody of bank is valid where documents are pledged for the purpose of credit facility. Custody of real brother is also
real custody where actual person goes to abroad and hands over them to his real brother for it proper use.

Certified copies of documents thirty years old Article 101: Certified copy of the ancient document of thirty years is as
admissible as the original is.

Evidence of terms of contracts, grants, and other disposition of property reduced to form of document Article
102: When a transaction has been reduced to writing either by agreement of the parties or by requirement of law, the
writing becomes the exclusive memorial thereof, and no evidence shall be given to prove the transaction, except the
document itself or secondary evidence of its contents where such evidence is admissible.

Sale, transfer, and mortgage etc. are the transactions write up of which is compulsory by law. Without the attestation
by two competent witnesses they cannot be got registered.

Meaning: Where parties agree to reduce into writing the transaction, it must be produced in court as evidence. Oral
evidence is not allowed. Principal and same document is requirement of the law for the purpose of evidence. It should
be produced in the court.

Types of document: There are two types of documents, i.e., one is registration of, which is compulsory, and second
one is optional. One is required to be reduced into writing compulsorily and second one is optional. Transfer of
Property, sale, mortgage, and gift should be duly executed, i.e., written, signed, verified, stamped, and attested.
Document should not be prior signed but subsequently. Write up on the paper signed before its execution is nullity in
the eyes of law. It should be properly executed, as law requires.

Rule: According to the law, where there is written document, it must be produced in court to prove contents. In
certain circumstances it cannot be made available to produce in court as evidence. It may be within custody of
opponent party, which has refused to produce it. It may either be damaged by fire, earthquake, flood, stolen, washed
away by the river. Where damage is caused, it must be proved by right reasons, then court may account for and may
permit to adduce secondary evidence.

Where document is within custody of opponent party and it has refused to produce it after summoning of the court,
then also court shall allow secondary evidence. Oral evidence can be adduced. Also certified photocopy of public
record can be produced.
Types of secondary evidence: There are three types of secondary evidences admissible in place of original document
such as:

1. Photocopy: It is made from original document by some mechanical process. Same copy is produced.

2. Made from original: Copy, which is made from the original, can also be produced as secondary evidence.

3. Counterpart of original: Where more documents are prepared and each party executes them and then exchanges
the documents bearing the signature of others is called counterpart of the original. It is admissible in evidence as
secondary evidence.

4. Oral evidence: Court may also permit oral evidence where document is not available.

Exceptions: As a matter of rule original document is to be produced in court as evidence, but there are some
exceptions in the general rule as follows:

1. Public document: Certified copy from public record does not need to be original thus it can be produced without
permission of court.

2. Probate: Will can be proved by the probate thus production of probate becomes immaterial.

3. Any document: Any document where there are more than one original documents can be adduced as evidence
without permission of court in place of original one.

Exclusion of evidence of oral agreement Article 103: Where any document required by law should be written, it must
be written and it shall exclude the oral evidence. Only written document must be produced before court to prove its
contents.

There are some exceptions to this general rule such as:

1. Any act of fraud or illegality: Where any fraud or illegality is committed in the execution of document can be
proved by oral evidence.

2. Separate connected agreement: Where document is silent on any separate connected agreement, can be proved
by oral evidence. It should not be irrelevant to the document.

3. Condition precedent on execution: Where any condition is attached separately to execute the document, can be
proved orally.

4. Distinct subsequent condition: Where any subsequent condition is imposed to alter the agreement orally, can be
proved by oral evidence. This subsequent condition is not applicable where it is required by law to be written.

5. Implied provision of usage or custom: Where any custom or usage is not expressly provided under contract and
is impliedly considered being part of contract can be proved orally provided it is not inconsistent with the terms
of contract.

6. Language of the document: If a document is doubtful in its meaning, evidence of surrounding circumstances is
receivable for the purpose of throwing light on its interpretation. Such evidence is admitted on the principle that
a person, who has to interpret a document, ought to be put into the same position, as the person whose language
is being interpreted.

Exclusion of evidence against application of document to existing facts Article 104: Where the language of document
is patent and plain and not latent, oral evidence shall be disallowed to show different intention.
Where no doubt arises from the plain language of document, otherwise evidence is wholly inadmissible to show
different intention was meant.

For instance, A agrees to sell B white horse, and actually A is in possession of white horse, here different intention shall
not be allowed as to red horse was meant.

Evidence as to document unmeaning in reference to existing facts Article 105: Where the language of deed is plain
but doubt arises at to its meaning, then evidence can be given to clarify its real sense.

For example, A agrees to sell land to B situated in Lahore but A has not land in Lahore but in Shahdara Town,
possession of which B has taken since the execution of deed.

Evidence as to application of language, which can apply to one only of several persons Article 106: Where the
language of deed is not accurately fits to a person or some other fact, evidence can be given to fix the meaning of the
document.

For instance, A sells to B one Pentium – III Computer, but A possesses two such computers, thus evidence can be
adduced as to show whether which computer was meant to sell.

Evidence as to application of language to one of two sets of facts to neither or which the whole correctly applies
Article 107: Where language of the deed could not mention the application of contract on one set of fact and applies
partly on two sets, then evidence can be given to fix the application of agreement.

For example, A agrees to sell to B, “my land at X in the occupation of Y”. A has land at X, but not in the occupation of Y,
and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to
sell.

Evidence as to meaning of illegible characters, etc. Article 108: Evidence as to the meaning of illegible characters, e.g.,
shorthand or writer’s notes or of foreign, obsolete, technical, local, and provincial expressions and of words used in a
peculiar sense may be given.

As a general rule, in constructing written instruments, the grammatical and ordinary sense of the word is to be adhered
to, unless that would lead to some absurdity or inconsistency with the rest of the instrument, in which case the
ordinary and grammatical sense may be modified so as to avoid that absurdity or inconsistency.

Who may give evidence of agreement varying terms of document Article 109: Where right of third party suffers from
the oral agreement of two parties apart from whatever is committed in a deed, he may give evidence to prove the
fact upto the extent of his suffering.

For example, A and B make an agreement to sell wheat. An oral agreement is made for one moth’s credit. C can give
evidence where his interest suffers from the agreement of A and B.

Facts judicially noticeable need not be proved Article 111: Judicial notice is the cognizance taken by the court itself of
certain matters which are so notorious or clearly established that evidence of their existence is deemed unnecessary.
Judicial notice is taken of such facts, the notoriety (fame, repute) or regular occurrence of which in the ordinary court
of nature or business had made them familiar to the Judge. And if such facts form part of the litigant’s case, he is
excused from proving them or in other words, the court will take judicial notice or cognizance of their existence.

Laws of Pakistan or proceedings of parliament etc. need not to be proved. Court itself is required to take their
cognizance.

When the case comes to court for its determination, it needs proof. It must be proved. It cannot be decided until it is
proved. There is no need to prove the issues on which court is required to take judicial notice, e.g., laws of Pakistan,
flags of countries etc.
Facts of which court must take judicial notice Article 112: This Article contains the long list of laws, which are judicially
noticeable by court itself.

Facts admitted need not be proved Article 113: In civil cases if party admits his case against whom, case to be proved,
there shall be no need to prove it by evidence. In civil litigation written statement is supplied to the court which may
include admissions on certain facts which needs no proof.

Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted
in the pleading of the defendant, shall be taken as admitted.

Estoppel Article 114: The word “estoppel” means the rule of evidence or doctrine of law which precludes a person
from denying the truth of some statement formerly made by him, or the existence of facts which he has by words or
conduct led others to believe in. If a person by a representation induces another to change his position on the faith of
it, he cannot afterwards deny the truth of his representation.

There are three ingredients of estoppel such as:

1. Misrepresentation, e.g., the material in contract is trust worthy but actually it is not as such.

2. Other party believes him, e.g., other party makes an agreement believing on the statement of promisor which
actually is misrepresentation.

3. Acts upon it, e.g., party gives to others token money to form contract.

Later the person who misrepresents alienates the property to its legatees by way of inheritance; he can be stopped
to do so. He cannot say that property did not belong to me. He shall be estoppel to do so.

Proceedings against misrepresentation can also be lodged either in civil or criminal courts. For the purpose of claiming
damages, proceedings can be initiated in civil court, but for the purpose of punishment proceedings can be get started
in criminal court.

Where no person believes in misrepresentation thus does not act upon it, it does not binding on party to estop other
party.

Estoppel of tenant and of licensee of person in possession Article 115: Where tenant gets the possession of property
with the permission of its ostensible owner, tenant cannot, later on, deny the truth of being his ownership. Tenant
shall be estopped to deny the truth.

When the relation of landlord and tenant is once established, the estoppel will attach to all who may succeed the
tenant, immediately or remotely.

Where one tenant comes under licence of the owner, his successor cannot deny the truth of ownership of the
landlord.

Estoppel of acceptor of bill of exchange, bailee, or licensee Article 116: This Article deals with three more estoppels
by agreement. These are:

1. The acceptor of a Bill of Exchange is precluded from denying the authority of the drawer to draw the bill or
endorses.

2. A bailee is estopped from denying that his bailor had, as the time the bailment was made authority to make it.

3. A licensee is estopped from denying the title of the licensor to grant the license.

1. Meaning of estoppel: s
2. Principles: s

a) Misrepresentation: s

b) Act upon it: s

c) Immediate cause: s

d) Unawareness of real facts: s

e) Belief of other party: s

f) Intention: To make belief.

3. Objects: s

a) To prevent fraud: s

b) To prevent from litigation: s

c) For speedy justice: s

4. Where no estoppel: s

a) In criminal cases: s

b) In parliamentary laws: s

c) Opinion: s

d) Corporation/companies: s

5. How estoppel: s

a) By Court: s

b) By deed: s

c) By conduct: s

Burden of proof Article 117: When any party wants to take decision in his favour requires proving facts in issue in his
favour. Mere presentation of suit or case in court is insufficient to get remedy. Material evidence is required to prove
the facts in issue.

For example, a person has acquired property can prove his ownership either by way of inheritance or sale deed.

One who imposes allegations, i.e., plaintiff or prosecution must prove his suit or case. One who alleges must prove his
claim.

Who prays to impose death penalty to murderer must prove the fact of murder committed by such alleged person.
Where there is no murder, there is no death penalty and in the same manner where there is murder but there is no
proof against accused, there is no death penalty. Facts alleged must support the commission of offence.

In civil litigation, plaintiff and in criminal trial, prosecutor, has to prove facts through evidence so that court may reach
on conclusion beyond any reasonable doubt in their favour for judgement.
On whom burden of proof lies Article 118: Article 118 of Qanun-e-Shahdat Order gives test whether who has to prove
the case. Where both sides fail to adduce evidence in their favour, then party who alleges shall be responsible to give
evidence. Where neither plaintiff nor defendant may prove their case then one who fails shall prove the facts, e.g.,
plaintiff or prosecutor.

As a matter of principle, originator is bound by law to adduce evidence to prove facts in issue. This Article lays down
a test for ascertaining on which side the burden of proof lies. The Article makes it clear that the initial onus is on the
plaintiff. If he discharges that onus and makes out a case, which entitles him to relief, the onus shifts on to the
defendant to prove those circumstances, if any, which would disentitle the plaintiff to the same.

Burden of proof as to particular fact Article 119: This Article deals with the plea of Alibi (proof of absence). Where in
criminal case, a murder takes place during of period of imprisonment of alleged accused, such accused can take plea
of alibi being not present at the seen of occurrence. Burden of proof lies on the shoulders who alleges the fact of
being absent, i.e., plea of alibi.

Where presence of accused is impossible, case cannot be made out thus he is acquitted. Accused has to prove whether
it was impossible for him to keep his presence at the place of alleged occurrence. Mere plea of alibi is insufficient, but
strong proof is required to belief of court.

As a matter of principle anybody is presumed before court being innocent unless his guilt is proved beyond any
reasonable doubt. Where stolen goods are recovered from the custody of someone, it is presumed either he has
stolen or received stolen goods. He is required to prove his innocence.

Condition for plea of alibi under Articles of 24(2) and 119:

1. Must be criminal charge:

2. Impossible to reach:

3. Time distance:

4. Presence out of place:

5. Only in criminal cases:

Burden of proving fact to be proved to make evidence admissible Article 120: Where any fact is dependent on other
fact, that fact must be proved before proving the actual fact.

For example, where anybody wants to adduce secondary evidence has to prove the loss of primary evidence and not
available. Where dying declaration has to be proved, firstly death of the person has to be proved. In short, proof of
dependent fact opens the door for court to believe in the actual fact.

Value of dying declaration – whether conviction can be based on it:

1. Definition:

2. Essentials of admittance:

a) Death of maker:

b) Recording in its actual words:

c) Circumstances of death: That must be direct consequences of death.

d) Death itself is fact in issue:

 e) Declaration must be complete:

f) Must be corroborated:

g) Must be taken as a whole:

h) Must be complete:

i) Must be clear:

3. Modes of recording dying declaration:

a) Written:

b) Oral:

c) Signals:

4. Evidentiary value: It is as good as actual evidence is.

Burden of proving that case of accused comes within exceptions Article 121: Who alleges the commission of crime
under grave and sudden provocation must prove the existence of such circumstances.

Where any person alleges commission of offence comes under exceptions provided under Pakistan Penal Code and
any other special law, he has to prove that his act comes under such exceptions.

Burden of proving fact especially within knowledge Article 122: When a person does any act under special knowledge,
he has to prove such fact. This is exception to this general rule that burden of proof lies on the party who asserts the
affirmative of the issue.

Where a passenger is charged travelling without ticket in railway, he has to prove whether he had bought the ticket.

Burden of proving death of person known to have been alive within thirty years Article 123: A person who has been
seen within last thirty years alive is presumed alive unless it is proved that he has been died. If his death is alleged, it
requires its proof other court shall draw presumption that he is alive.

Burden of proving that person is alive who has not been heard of for seven years Article 124: This Article is related
with the special knowledge of relatives or some special persons. Where a person is not seen or heard within last seven
years by the blood relatives or friends, it is presumed that he has been died. Otherwise his alive is to be proved.

Burden of proof of as to relationship in the cases of partners, landlord and tenant, principal and agent, Article
125: Where existence of some special relationships is proved, presumption goes in its favour, otherwise their non-
existence is to be proved. And burden of proof lies on the person who alleges it.

Burden of proof as to ownership Article 126: Person who has possession of anything is presumed its ownership. One
who denies such ownership has to prove such fact.

Proof of good faith in transaction where one party is in relation of active confidence Article 127: There are always
two parties in agreement. Party who has upper hand is required to prove the fact alleged against him. This is depart
from general rule of evidence. This comes only in fiduciary relationship.

Birth during marriage conclusive proof of legitimacy Article 128: When the child is born after six lunar (of the moon)
months while the wedlock and husband does not denounce his legitimacy, it shall be presumed that such child is
legitimate.
There are two types of presumptions, i.e., presumption of law (ir-rebut-able) and fact (rebut-able).

Under the old law of Evidence, where child was born after marriage, even after a week, was presumed legitimate
provided husband does not denounce his legitimacy. This was rebut-able presumption of fact.

According to current Qanun-e-Shahdat Order, a child is presumed legitimate if he borns at least after six month of the
solemnization of marriage provided husband does not denounce his legitimacy. This is also rebut-able presumption
fact.

Where child is born after dissolution of marriage within two years provided mother remains unmarried, it shall be
presumed that such child is legitimate.

Pregnancy can be determined within a month when husband dies; therefore, question as to legitimacy does not arise.

Where husband disowns the legitimacy of child, then it shall be required to prove legitimacy of child.

Court may presume existence of certain facts Article 129: In certain cases, there is no need of evidence and court
draws it opinion automatically. In such cases court draw adverse inference.

Where goods are recovered from possession of one person soon after theft, court shall presume that he either has
stolen goods or received stolen property.

Approver is unworthy of credit unless his evidence is corroborated from some independent sources.

Judge to decide as to admissibility of evidence Article 131: Anything, which is to be proved, must be relevant.
Anything, which can effect the proceeding, is relevant. Judge can ask question as to get satisfaction whether fact on
which evidence is to be adduced is relevant. When Judge satisfies, then he gives permission for the evidence.

Where one evidence is dependent on another fact or document, that must be proved first before going into further
evidence. Where original document is not available to produce in court in evidence to prove the fact, party is obliged
to satisfy court as to its damage. Where court is satisfied that original document is not available due to reasons certain,
then courts permit secondary evidence.

Examination-in-chief, etc., Article 132: This Article defines the three important terms of evidence such as:

Examination-in-chief: This is the party who produces the witnesses in court and asks questions from her witnesses.

Cross-examination: It is the opposite party who asks questions from the witnesses of adverse party. It must be directly
relevant to the case.

Re-examination: It is last possibly order of examination of witnesses by its own party with the permission of court.

Cross-examination of person called to produce a document Article 134: Where person is not called as witness, he
cannot be cross-examined. Mere courier who produces the document in court is not witness. However, if he is called
as witness, then he can be cross-examined.

Where a party examined no witnesses but only certain documents were tendered and exhibited without any
objection, question of cross-examination would not arise.

Witness to character Article 135: Character is immaterial in civil litigations but it is so much important in criminal cases.

The use of character evidence is to assist the court in estimating the value of the evidence brought against the
accused. It is observed in a case that “a man is not born a knave; there must be time to make him so; nor is he presently
discovered after he becomes one. A man may be reputed an able man this year, and yet be a beggar the next; it is a
misfortune that happens to many men, his former reputation will signify nothing to him upon this occasion.”
Leading questions Article 136: This Article merely defines the leading question. Leading question is a question under
which answer of the question is provided. Party putting questions suggests answers.

Person to whom questions are asked understands easily that what answer he has to give. Normally form of leading
question is objective, whether negative or affirmative.

When leading questions must not be asked Article 137: Party is not allowed to ask leading questions either in
examination or re-examination.

Examples of leading questions: Following are some examples of leading questions:

1. Did you see A strike B?

2. You were present at the time of occurrence?

3. Murder was taken place with pistol?

4. Resistance was not made?

Only court can permit to ask leading questions. Party cannot cross-examine the witnesses who produce him except in
a single case where court declares witnesses as hostile under Article 150.

When leading questions may be asked Article 138: Only adverse party can put leading questions during cross-
examination.

Under Article 150, examination-in-chief can ask leading question where court declares a witness hostile.

Object of leading questions: The reason why leading questions are allowed to be put to an adverse witness in cross
examination is that the purpose of a cross examination being to test the accuracy, credibility, and general value of the
evidence given, and to fit the facts already stated by the witness. It sometimes becomes necessary for a part to put
leading questions in order to elicit facts in support of his case, even though the facts so elicited my be entirely
unconnected with facts testified to in an examination in chief. Where a general order is made that no leading question
shall be allowed in cross-examination, the order is illegal and vitiates the trial.

Evidence as to matters in writing Article 139: Oral evidence can be give as to the matters who were written. Where
adverse party objects, then original documents shall be produced in court to prove the contents of the oral evidence.

Cross-examination as to previous statements to writing Article 140: Previous statements in criminal cases such as
First Information Report or statements u/s 161 of Code of Criminal Procedure can be cross examined. Police records
statement u/s 161, which can be given to the advocate of accused for cross-examination. These statements can be
proved false.

Questions lawful in cross examination Article 141: When evidence is given then person is cross-examined. Only
relevant questions are allowed to ask. Character can be impeached. Standard of life, income, or character can be
discussed.

This is also provided under Article 151. It objects to find out truthfulness, accuracy, source of knowledge, and his
memory. What is his social status? Whether he sell heroine or wine.

When witness to be compelled to answer Article 142: Witness can be compelled to answer the questions, which
directly criminate him. Witness is protected under Article 15 that he shall not be arrested or criminated on the ground
of answer in evidence.

Court to decide when question shall be asked and when witness compelled to answer Article 143: Where court thinks
fit to compel a witness to give answer compulsorily may compel witness to give answer. On the base of his evidence,
witness cannot be arrested or civil or criminal proceedings cannot be started. He is protected from any criminate.
Where court feels better that answering of the questions is not directly related to proceedings or unnecessarily
impeaches the character of the witness, may warn witness not to answer the questions.

Court has to regard the following things during cross-examination:

1. Where questioning does not effect the decision of court, court shall no interfere in examination, provided
questions are proper.

2. Where questions are irrelevant, court may want witness not to answer the questions. Court may also disallow such
type of questions.

3. Where stock witness is proved who are readily available to testify the facts, court may refuse their evidence.

4. Litigation must be concluded. Where question either is improper or too remote, court may disallow.

Question not to be asked without reasonable grounds Article 144: Where attack is made on credit, question cannot
be asked without reasonable ground.

All questions should be relevant and merely insult is not allowed. Credibility can be attacked but on reasonable
grounds.

Procedure of court in case of question being asked without reasonable grounds Article 145: Although attack on credit
or character is allowed in examination but it must bear reasonable grounds and it should not be baseless.

Where any advocate asks questions having no proper grounds or merely based on insult, court may report of such
matter to High Court or any other authority to which advocate is subject, i.e., Punjab Bar Council or Pakistan Bar
Council.

Indecent and scandalous question Article 146: Court monitors the proceedings. Indecent and scandalous question are
not allowed. Where they are put, court can forbid putting them.

Procedure of court in cases of defamation, libel and slander Article 147: Where proceedings are under litigation or
trial as to the defamation either libel or slander, court shall not allow impeachment of character unless two things are
determined first, that is:

1. Whether defamation has been committed.

2. Whether defamation committed is true.

Questions should not be insulting type. Only relevant questions are allowed.

Questions intended to insult or annoy Article 148: Court has power to forbid to ask any question which either is
irrelevant and which unnecessarily injures the character of person.

Exclusion of evidence to contradict answers to questions testing veracity Article 149: When a witness deposes to
facts, which are relevant, evidence maybe given in contradiction of what he has stated. But when what he deposes to
effects only his credit, no evidence to contradict him can be led for the sole purpose of shaking his credit by injuring
his character. However, a witness answering falsely can be proceeded against for giving false evidence under S. 193
of the Pakistan Penal Code.

The object of the Article is to prevent trials being spun out (continued) to an unreasonable length.

Checks on unfettered powers of cross examination under Articles 143 to 149:

1. Court can compel:

2. Only on reasonable grounds:

3. Report to High Court:

4. Cancellation of license:

5. Forbid to ask question:

6. Forbid to give answer:

7. Record of finding where defamation:

8. Insulting question are not allowed:

9. Annoying not allowed:

10. Legitimate limits:

11. Stop cross examination:

12. Stop repetition:

13. Stop long question:

14. Privileged questions:

Question by party to his own witness Article 150: Where a party calling a witness and examining him discovers that
he is either hostile or unwilling to answer questions put to him, he can obtain permission of the court to put question
to him by way of cross examination.

Object to bring witness in court is to prove vindication of the party and where witness deviates and makes collusion
with adverse party, party can take plea of its hostility. Only court may declare witness of examination-in-chief as
hostile.

Hostile witness: A “hostile witness” is one who from the manner in which he gives evidence shows he is not desirous
of tellingly the truth to the court. A witness who is unfavorable is not necessarily hostile. A witness who is gained over
by the opposite party is a hostile witness.

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.

Questions tending to corroborate evidence of relevant fact admissible Article 152: Person who is giving evidence of
corroboration can be asked question which are though not relevant but can assist to reach on truth. Questions can be
asked about the extra incidents, e.g., stay in hotel before committing robbery or murder, repair of vehicle before
dacoity etc.

Manager of the hotel can give evidence that accused stayed at his hotel before commission of the offence and he
took meal. Accused was suspicious at that time.

Owner of type shop can give evidence that he did repair puncture before commission of the offence and accused was
suspicious at that time.

These facts are though irrelevant but can assist court to conclude the proceedings.

Former statements of witness may be proved to corroborate latter testimony as to same fact Article 153: Where
witnesses have given the statements in any former incident to the authority competent, can be used again to prove
fact.

What matters may be proved in connection with proved statement relevant under Article 46 & 47, Article 154: All
matters are proved where any statement is proved under Article 46 & 47 which is related with hearsay evidence.

Refreshing memory Article 155: It is permissible under Qanun-e-Shahdat Order that written statement can refresh
memory. Permission of court is obligatory. Witness can refresh his memory before giving evidence. Statement must
be written. Where articles are stolen and details of them is written soon after occurrence is admissible for refreshing
the memory. Witness may say let me refresh memory before giving evidence. It is presumed that he has written the
detail soon after occurrence and it is correct.

He also may take plea that original document is out of my reach at the moment because the person occupying such
statement has left the country.

Expert may also consult his statement in writing to refresh memory before giving evidence.

Testimony to facts stated in document mentioned in Article 155, Article 156: Where any expert has forgotten his write
up, he can refresh his memory.

Right of adverse party as to writing used to refresh memory Article 157: When party refreshes memory from
document, adverse party may inspect such document for the purposes of cross-examination.

It can be objected whether detail was written, document was written one year before, from where document was
taken, from where paper was obtained, or whether removed from copy. What was the writing medium whether ball
pen or fountain pen. What was the colour of ink whether black or red. Whether paper was lined or not.

1. What is refresh of memory: s

2. How refresh memory: s

a) By reference of documents: s

b) By any writing: s

c) Copy: s

d) Counterpart: s

3. Who can refresh memory: s

4. Right of adverse party: s

 a) As production of document: s

b) To inspect document: s

c) Cross examination: s

5. How documents examination – questions: s

a) When document was written: s

b) From where paper was taken: s

c) Whether paper was lined: s

d) What was time of recording: s

e) Where was recording with respect of place: s

f) Medium of recording: Whether ball pen was used.

g) Colour of ink: s

Production of documents Article 158: Where court orders for the production of document in court in evidence, it must
be produced in court. Secret of state is not ground to disobey orders of the court. Court has to decide all the
objections.

Translator is also under obligation to keep the contents of the document hidden so translated if they relate to state
secret.

Giving, as evidence, of document called for and produced on notice Article 159: Where a party to a suit gives notice
to the other party to produce a document, and when produced, he inspects the same, he is bound to give it as evidence
if the other party requires him to do so.

Using as evidence, of document production of which was refused on notice Article 160: Where party fails to produce
document on the notice of court, later on such document cannot be produced. Its subsequent production is subject
to the permission of either court or party. Secondary evidence when admitted it excludes the production of primary
evidence. This is departing of general rule.

Judge’s power to put questions or orders production Article 161: During the trial Judge can put questions at to
ascertain truth. Party cannot refuse to answer the question of Judge. Cross-examination is subject to the permission
of Court. Form to put question is right of Court. Court may at any time put question. Court may put question to any
witness. Court may also put question about any fact.

Limitation of Court: Court cannot ask privileged questions. Questions bearing insult of party or witness cannot be
asked. Legal requirement cannot be forgone. Judge cannot bypass legal requirements.

No new trial for improper admission or rejection of evidence Article 162: Where Court commits any mistake in trial
or litigation on record, it cannot be made ground for new trial provided it does not effect the decision of Court. Where
mistake is removed without effecting the Court decision or its non-removal does not effect the decision, it shall not
be made ground for new trial.

Judgement based on improper evidence (which does not fulfill the requirement of court) cannot be retried for new
judgement if it cannot be changed. But if judgement can be changed then case can be retried.

1. Base of decision:
 a) Evidence:

b) Proper evidence:

c) Proper trial:

d) Examination:

e) Jurisdiction:

2. Where no proper evidence is admitted or rejected: Following the law for the retrial of denial of new trial:

a) No base of retrial:

b) Where is new trial:

i) If it effects decision:

ii) Where mistake is substantive:

iii) Where removal of mistake effects charges:

Acceptance or denial of claim on oath Article 163: This Article is applicable only in civil suits. Where plaintiff takes oath
in support of his claim, Court may call defendant to deny the facts. Where defendant fails to deny the fact, he is
declared guilty. Decision is given against defendant.

It is not applicable in Huddod or criminal cases.

Production of evidence that has become available because of modern devices, etc. Article 164: Court may consider
modern devices in evidence.

Order to override other laws Article 165: This law has superiority on all the laws enforced for the time being.

Repeal Article 166: The Evidence Act, 1872 (I of 1872) is hereby repealed.

Kinds of evidences: Following are the kinds:

1. Judicial:

2. Extra judicial: Intermediaries make it.

3. Real:

4. Personal:

5. Primary:

6. Secondary:

7. Direct:

8. Circumstantial:

9. Oral:

10. Documentary:
11. Hearsay:

Identification parade: Following are its rules:

1. Definition:

2. When conducted:

a) Where person is unknown:

b) Immediate:

c) Only in presence of Magistrate:

d) In jail only:

3. Conditions:

a) Presence of Magistrate:

b) More than one accused:

c) Similar face:

d) One witness in one time:

e) Part of offence is stated:

f) Writing by Magistrate:

g) Identification of offender:

4. Value:

a) No value:

b) Corroboration is required:

Difference between admission and confession: Following are the differences:

1. Definitions:

a) Admission:

b) Confession:

2. Distinctions:

a) Cases:

i) Admission: It is used generally in civil cases.

ii) Confession: This term is specifically used in criminal cases.

b) In all cases:
 i) Admission: It is not confession.

ii) Confession: But it is admission in some cases particularly where confession is retracted.

c) Result:

i) Admission: It admits rights of others.

ii) Confession: It is admission of guilt of self.

d) Conclusive proof:

i) Admission: It is not conclusive proof.

ii) Confession: It is conclusive proof as far as law is concerned on confession.

e) Recording:

i) Admission: It may not be voluntary.

ii) Confession: It is always voluntary. Where is coercion, it is not accepted.

f) Base of conviction:

i) Admission: It is not base of conviction.

ii) Confession: Law on confession is very clear and punishment can be imposed but it must be corroborated
from some independent sources according to unanimous decisions of higher courts.

g) Used under exception:

i) Admission: It can be used under Article 34.

ii) Confession: It is used only its maker/confessor.

h) Against others:

i) Admission: It cannot be used against other.

ii) Confession: Yes it can be used against other as corroboratory evidence.

i) Estoppel:

i) Admission: Law of estoppel is applicable in admission.

ii) Confession: Since the question of life and death is involved therefore it can be retracted.

j) Before police:

i) Admission: Can be made before Police Officer.

ii) Confession: Confession made before Police Officer is not acceptable at all unless some weapon of offence
is discovered.

k) By whom:
 i) Admission: It can be made some agent also.

ii) Confession: Only accused can make confession.

l) Value in evidence:

i) Admission: It is not strong evidence.

ii) Confession: Yes, it is strong evidence against its maker.

m) Term:

i) Admission: It is broader term.

ii) Confession: It is narrower term.

What is difference between Article 16 and 129(b):

1. Who is accomplice:

2. Competency as witness under Article 16:

3. Unworthy of credit under Article 129(b):

4. Conviction based upon evidence of accomplice:

5. Corroboration is required: It is decision of higher courts.

6. Why corroboration is required:

a) Shifting of guilt:

b) Pardon:

c) Disregard of oath:

d) Possibility of involvement of innocent:

e) Undue influence of prosecution:

7. In hudood cases:

a) No evidence of accomplice:

b) No conviction:

c) No corroboration:

Where non-relevancy becomes relevancy under Article 24:

1. Facts which determine damages:

2. Where custom is in question: Deed in which rights are created.

3. Particular instance in which right is claimed: Like mortgage.

4. Facts showing existence state of mine: Knowledge, good faith, bas faith, negligence, ill will are instances.

5. Act forming part of series: Purchase of car for accident, chasing of victim, accident, showing otherwise etc.

6. Existence of course of business: Where letter is posted in post box during working hours shall be presumed that
is has be posted and reached to the addressee because it is not reached back.

7. Please of alibi:

Ingredients of valid custom: Following are the ingredients of valid custom:

1. Ancient:

2. Continue and uniform:

3. Reasonableness:

4. Certain:

5. Compulsory:

6. Peaceable:

7. Consistent:

Relevant judgement under Articles 54 to 58: Following the judgement which can be used as convulsive proof in
another case:

1. Double jeopardy u/s 403 CrPC:

2. Judgement in rem under Article 55:

3. Decree of probate:

4. Matrimonial:

5. Admiralty:

6. Insolvency:

7. Legal character:

8. Exceptions:

a) Which is obtained through fraud:

b) Adverse:

c) Want of jurisdiction:

All relevant facts are not admissible but all admissible facts are relevant:

1. Repayment of loan by cheque: Where property is purchased by the amount of cheque, can be produced as
evidence of repayment of loan.
2. Murder: Stay in hotel before commission of offence of murder can be produced as evidence where Court admits
it.

3. Opinion of expert:

4. Conditions:

a) Matter of transaction:

b) Constitution of crime:

c) Purchase of offence weapon:

d) Purchase of vehicle for accident:

e) Direct effect:

f) Conspiracy:

g) Character in criminal cases:

h) Amount of damages:

Modes of proving handwriting under Articles 61, 78, 84, and 164:

1. By writing himself:

2. By calling witnesses:

3. By expert:

4. By comparison:

5. By acquittance:

6. By self harming admission:

7. By statement of deceased:

8. By circumstantial evidence:

a) Thirty years’ old document:

b) Thirty years’ attested copy:

c) Official custody:

d) Legitimate custody:

9. By modern devices:

10. Execution of document:

11. Where opposite party refused despite order of Court:

Legal Ethics
Course Contents:

1. General Principles of Legal Ethics.

Book Recommended:

1. Principles of Legal Ethics by Emmanuel Zafar.

Legal ethics: Legal ethics means the rules of professional ethics for the lawyers, as legal practitioners, which are
important for them to know before and after practice of law. It is necessary for them to know the rules and cannons
of professional conduct and etiquettes, which help them in the formation of their conduct, with regard to the clients,
the courts, the members of legal profession and the public in general. By adopting these rules of professional conduct,
that is why legal ethics mean a code of moral rules, which govern the conduct of lawyers in the profession.

These rules consist of customary and modern practice and made by the courts and lawyers and they are based on
ethical and moral philosophy governing the human conduct in this particular field.

Constitutional provision regarding legal ethics: Under Article 10 of the Constitution of the Islamic Republic of
Pakistan, it is significantly mentioned that “No person who is arrested shall be detained in custody without informing
as soon as possible the grounds for which he is arrested nor he shall be denied the right to consult and be defended
by a legal practitioner of his choice.”

This is the most important privilege granted under the constitution to a legal practitioner to defend a prisoner and
represent him in the legal proceedings. When this privilege has been given by the constitution to the legal practitioner
then with this privilege obligation is also attached. He should behave like a good lawyer. He should represent honestly
and advise him to the best interest of his client. The relationship between an advocate and his client is that of
confidence and trust, and his client for advocating his cause employs him.

Basis of legal ethics: This undertaking may include the protection of life of person, liberty, property, or reputation of
the client by means of defending his client in the Court of law, so the advocate should be well equipped with the
knowledge of law and the art of advocacy. According to the cannons of professional conduct and etiquettes framed
by the Pakistan Bar Council, and advocate in his professional capacity shall not advise the violation of any law.
Generally speaking it is a duty of an advocate to give honest and sincere advice to his client and the advice should be
according to law.

Duty of legal practitioner towards client: When client comes to lawyer for his engagement, whatever client conveys
to lawyer, either it is secret or confession, duty of lawyer is to keep such things in strict confidence. Disclosure of such
things is breach of his legal duty. It is legally binding on the part of lawyer.

This duty remains with lawyer even his client leave one lawyer and deals with another lawyer for filing his suit. Trust
remains there even case is finally concluded or sent in appeal or writ. Secret must remain secret. Brief of other party
must not be accepted against the interest of first party.

Lawyer must protect the reputation of his client. Demanding of unreasonable fees is unethical on the part of lawyer
even it is payable by the client. Lawyer should not exploit the needs of his client. Settlement becomes more important
particularly when writ or suit is dismissed in limine. It is not fair for lawyer that he receives full fees but the case is
defeated in Court. It was also the principle of Quaid-e-Azam. Reasonable fees may be charged at each hearing.

Wakeel (½Î·Ë) is also a name of Allah. It means to whom one depends. He must be trust-worthy.

Lawyer should advise his client properly and faithfully. Mere earning by way of fees is not sufficient so far as legal
ethics are concerned. It is unethical to keep a client in dark. Case must be scrutinized before fixing professional fees.
Where lawyer fails to prepare case in first hearing, opposite party may have upper hand. Where case is not
maintainable in its present shape or not made out at all, group meeting in term of jury of the elders of the area rather
than indulging in litigation unnecessarily should be advised.

Where lawyer accepts case to compete in Court of law, he must prepare case before appearing in Court for hearing.

Lawyer must be well versed with the relevant law applicable in such case for which he is appearing in Court of law.
Preparation must follow the relevant legal points.

Even good lawyer cannot fight if he does not know factual position at the time of litigation.

Lawyer must ensure his presence at the time of hearing. Time schedule must not contradict with the other dates.

He should act as diplomats’ act. Diplomats are not allowed to drink in meetings. Where there is necessary to have peg,
they may have only one peg. Where second peg becomes necessary they should keep it without drinking, but third
peg is not allowed at all. As they take third one, their services are terminated. These precautionary measures are
adopted to ensure the protection of interest of one nation. It is presumed generally which is not wrong that during
intoxication, no one speaks false, and speaking of truth may cause injury the interest of nation.

Lawyers are presumed symbols to protect the rights of the society members. They ensure the law and order situation.
Where police commits wrong, they become leaden-wall to keep police remain in limits.

Lawyers bring to collision with government when question of right of public arises. Only they provide guarantee for
the liberty and rights of the people. People do not agitate against the Military Courts, but only lawyers play such role.
A good lawyer can say Judge, sitting so high, talking so low.

Good lawyer does not fight for victory. He fights for the satisfaction of the party. He facilitates the Court to reach on
fair and legal conclusion on the matters under consideration. Victory itself is not object for lawyer. After all law is
supreme and it has finality. Struggle of lawyer is for the dispensation of justice.

He does not mislead Court but facilitates Court to find out reality and truth. He assists Court and does not create
problems. He focuses on legal point of the case and avoids commission of the wrong. He brings true facts without any
adulteration of wrong into it.

Patience, courage, tolerance, and forbearance are the tools of a good lawyer. Shouting vitiates the proceedings rather
than process towards right direction. Courtesy, patience, pleasant personality, and his timely availability on the
courtyard are good impressions on the part of lawyer. Wastage of time is wastage of case. It mitigates the chances of
victory even than preparation is strong.

Duty of advocate towards opposite lawyer: Lawyers are always colleagues of each other even than they contest from
opposite side. They are members of the same bar. One should not treat other one as enemy. Efforts of the lawyers
are merely to aid the Court in the interpretation and enforcement of law. This is the supreme duty on the part of
lawyers. Both lawyers in proceedings are representatives of their respective parties. Humiliation or insult lowers the
importance of the profession. Harsh attitude toward opposite lawyer leaves no good gesture. Attitude must be within
limits of ethics and law. Clash and shouting among them disgrace them.

Duty of pleader towards opposite client: Opposite client is also a necessary party of the case. Lawyer should not treat
him as his or his client’s enemy. Witnesses of opposite party are also respectable. Impeachment of character of
witnesses provided under law does not mean the license of defamation. This right should be used reasonably.

Responsibility of lawyer towards bar council: All lawyers are the members of the different bars. Bar is custodian of
the all society members. All bars have their rules and regulations compliance of which is duty of each and every lawyer.
Respect of fellow members is also respect of the bar. Where bar is not followed, people hate lawyers.
Responsibility of lawyer towards society: Lawyer is the one of educated member of society. His responsibility towards
society is twofold, one being educated person and second one as lawyer.

He should raise helping hand to solve the problems of common people because he knows the laws. His familiarity of
law must be seen in his character. Where is transgression there is lawyer.

Duties of a lawyer with regard to Court: Following are the duties:

1. Plain questions as examination in chief:

2. Fair questions in cross-examination: To find truth he has to put fair questions despite insulting questions.

3. Respect of witnesses:

4. Relevant investigation in examination:

5. No coaching of witnesses: He has not to pour undue instructions into them. Keep in mind that prior coaching for
the purpose of fabrication is illegal practice.

6. Education of witnesses: He may educate witnesses whether what they have to say which is relevant and what
they have to omit being irrelevant. This is not illegal.

7. Advice client to pay cost to his witnesses: Time consumed in evidence is very precious which needs payment of
cost. Cost should be reasonable keeping in view of the nature of the business of witnesses.

8. Avoid to become witness of his own client:

9. Avoid to criticize unnecessarily:

10. Avoid to temper record:

11. Avoid to lose tempo:

12. To speak truth:

13. To plead just a cause:

14. Avoid to relate Judge:

15. Timing:

16. No discussion:

17. No fraud:

18. Address and not dictate:

Professional conduct and consequences of misconduct: Following are important points:

1. Restoration of confidence of client:

2. Correct information to client:

3. Avoid to financing in litigation:

4. Avoid advertisement:
5. Advice for compromise when beneficial:

6. Avoid charging fee at percentage basis: Although champerty, i.e., participation in a suit in order to profit from the
legal outcome is legal but fee charged in percentage against the outcome of the case is illegal.

7. Avoid to refuse case when it is made out:

8. Avoid to influence on Judge:

9. Appearance on date:

10. Filing true suit:

11. Due regard of privileged communication:

12. Using of fair means:

13. Fair pleading: s

14. Avoid to take information from unauthorized persons:

15. Avoid to become witness of client:

16. Avoid to take unnecessary adjournments:

17. Fair litigation:

18. Avoid drinking:

19. True statements:

20. Taking due advantages:

21. Avoid to offer bribe to judiciary:

22. Avoid to misappropriate fee:

23. Charging reasonable fee:

Consequences of professional misconduct: Following outcome may arise with regard to professional misconduct:

1. Report to High Court: s

2. Report to Bar: s

3. Fine: s

4. Impounding of licence: s

5. Imprisonment: s

6. Damage of repute: s

7. Suspend licence: s

8. Cancel licence: s
Duties with regard to witnesses:

1. No leading question as examination in chief:

2. Fair cross-examination: To find truth.

3. Respect of witnesses:

4. Relevant investigation:

5. Avoid coaching of witnesses: Not to pour into them.

6. Education of witnesses: What to say and omit.

7. Avoid to pay cost to witnesses:

8. Avoid to act as witness of own client:

9. Avoid unnecessary criticism:

10. Avoid to temper record:

11. To speak truth:

12. To plead just a cause:

Professional ethics: Following are professional ethics, which every lawyer has to follow in practice:

1. Protection of weak and helpless:

2. To create law as legislature:

3. Respect the pillars of justice:

4. Leadership to country:

5. Reasonable fee:

6. Knowledge of human nature:

7. No to stand in the way of compromise:

8. To rise high in moral statute:

9. No fabrication:

10. Thorough preparation:

11. Assistance of Court:

12. Practical life of lawyers:

Duties of lawyer with regard to client:

1. Fair pleading:
2. Conceal information:

3. Protect client:

4. Advise fairly:

5. Compromise:

6. Agent of client:

7. Avoid adverse interest:

8. No refusal without reason:

9. Court attendance:

10. Collection of decree:

Rights of lawyer with regard to client:

1. To get information:

2. To get fee: s

3. Lien on documents:

4. Lien on decree:

5. Conveyance:

6. Taking case when made out:

7. Engagement till judgement:

8. Engagement of adverse party upon retirement:

Convencyancing
Course Contents:

1. Drafting by I. C. Desouza (Omitting Chapters I and II, Part II – Major Petitions to Courts).

2. Dastaweznavisi by Penna Lal in Urdu (latest edition). Only the following 75 forms are prescribed:

1. Receipts No. 1 11. Partnership Deed 1-3

2. Bonds No. 1-2-6-9 12. Dedication 1-2-8

3. Agreement 1-5-6-10 13. Settlement 1-2

4. Mukhtarnama 1-2-3 14. Bonds 3

5. Bainama 1-4-20-23 15. Adoption 1-4

6. Rahn Nama 1-2-3-5-6-7-9-13 16. Marriage 1-2-3

7. Exchange 1-2-3 17. Arbitration 1-2-3

8. Hiba Nama 1-2-3 18. Notice 1-3-5-8-12-13

9. Talak Nama 1-2-3-4 19. Musawada 1-2-3-4

10. Will 1-2-4-5 20. Promissory Note 1-2-3-4

21. Patta 1-6(b)

Book Recommended:

1. The Art of Pleading and Conveyancing by Nasim Sabir Chaudhary.

Conveyancing: Conveyancing means drafting of an instrument whereby intention is expressed to transfer some right
or property.

How to make a draft: Drafting of an instrument may seem to be a simple and easy at first. It presents difficulty when
it put in black-n-white. Layman and inexperience in job commits mistake by using defective languages, which does not
express fully the intention of the executant. Such a scribe (record clerk) may use such language, which is capable of
being understood in more than one sense. A scribe well versed in drafting would use balance and perfect language.
He shall express the executant intent in unambiguous language and couched (lower) in formal style, he must be also
aware of at-least element relating to subject matter of the instrument so that the instrument perfectly valid in the
eyes of law.

What is deed: A deed is a written document signed and attested if necessary, and delivered such an instrument
purports to perform a solemn act and is an authentic record of transaction. Statement made therein may create
estoppel and may also mount (place) to admission.

In other countries United Kingdom, the technical word for the deed is indenture. However in Pakistan, the word deed
and indenture are not found in the statute and the word instrument or documents have been used instead.

Commencement and date of rent agreement:

 RENT AGREEMENT

AN AGREEMENT for lease to let the house entered into on January 01, 2001, between Muhammad Ai S/o. Nazir Ali,
Caste Malik, resident of House No. 5 – Shadman Colony, Lahore (hereinafter called “Landlord”) of the one part and
Rana Nadir Pervaiz S/o. Ghulam Muhammad, caste Arayin, resident of House No. 16, Street No. 56, Johar Town, Lahore
(hereinafter called “Tenant”) of the other/second part.

Recital:

WHEREAS the above named Landlord is owner in possession of the property bearing No. 6 – Shadman Colony, Lahore,
with all appurtenances and accessories.

AND WHEREAS the Tenant above named has agreed to take on rent and the Landlord has agreed to rent out the above
said premises to the Tenant.

Now the parties have mutually agreed on the following terms and conditions:

1. This Rent Agreement is valid for a period of one-year (twelve months) commencing from the date of taking
possession of Tenant.

2. The monthly rental amount of the rented premises is mutually fixed as Rs. 5,000/-.

3. The Landlord shall give a peaceful possession of the property in question to the Tenant and the Landlord
covenants that the property in questions is free/immune from any sort of encumbrances and embargoes and all
the taxes have been paid by the Landlord to the concerned agencies.

4. The Tenant shall not sublet the premises in any case to any one without the prior written consents of the Landlord
and undertakes to pay the monthly electricity charges, gas charges, water charges, and telephone bills, the
possession of which has also been delivered to the Tenant. The telephone numbers are 7310274 and 0303-6404314

5. The Landlord does hereby undertake to white wash and make necessary repairs, unavoidable in nature,
periodically or at regular intervals at his own expenses.

6. The Tenant shall not make/enter any major change or alterations in the structure of the building in general without
the prior written consents of the Landlord.

7. The Landlord shall have the right to get the premises in question vacated with three months’ notice in writing to
the Tenant.

8. The parties hereto shall be bound by the provisions of the Rent Restrictions Ordinance, 1961.

Testimonium Clause:

IN WITNESS whereof the parties have hereto at Lahore signed the day and year first above written.

AGREEMENT TO SELL

AGREEMENT TO SELL made today the 1st day of the December 2001, entered into BETWEEN (ÅÎIB¿) Muhammad Arshad
S/o. Muhammad Akhtar, Caste Kashmiri, resident of 5 – Gulberg, Lahore (hereinafter called the “Vendor”) of the
one/first part and Muhammad Ashiq S/o. Muhammad Razzaque, Caste Arayin, resident of 7 – Model Town, Lahore
(hereinafter called the “Vendee”) on the other/second part.
WHEREAS the Vendor above named is the exclusive owner in possession of the property bearing no. 10 – Shadman
Colony, Lahore, a Pukka Built residential house, consisting of/comprising 4 bed rooms, TV lounge, drawing and dining
rooms with kitchen and with a lawn/patio the detail of which is fully described in the hereunder:

1. East ……………………

2. North ……………………

3. West ……………………

4. South ……………………

AND WHEREAS the Vendor has agreed to sell the said property to the Vendee above named and the Vendee has
agreed to purchase the same from the Vendor on the terms and conditions hereinafter described.

NOW the parties above named covenant as under:

1. The total consideration of the demised property (bargain or ½ae ½À§)/value of property in question is mutually
fixed at Rs. 2,000,000/- (Rupees two million only) out of which a sum of Rs. 100,000/- (Rupees one hundred
thousand only) has been received by the Vendor as earnest (îÃB¨ÎI) money, the receipt of which the Vendor does
hereby acknowledge.

2. The Vendor is exclusive owner in possession of the property detailed above and the same is free from any kind of
encumbrance/embargo in the form of mortgage or any other security and all the taxes have been regularly paid
to the concerned authorities in full and final settlement with claims or demand.

3. The Vendor does hereby promise to the Vendee to deliver the vacant possession of the house in question with all
appurtenances (equipment, belongings) and fixtures etc. at the time of the execution of a valid and legal sale deed
before the Sub-Registrar, Lahore.

4. The Vendor and the Vendee do hereby mutually agree that the Vendee shall be liable to make the payment of the
balance amount amounting to Rs. 1,900,000/- (Rupees one million nine hundred thousand only) to the Vendor
before the Sub-Registrar, Lahore, on January 01, 2002, at the time of the completion of a duly registered sale deed
of the property in question and the Vendor does hereby agree and declare to hand over the vacant possession of
the aforementioned property to the Vendee.

5. In case of failure of the Vendee to make the balance price of the property to the Vendor at the target date, i.e.,
January 01, 2002, the Vendor shall be within his rights to confiscate (take away, seize, ¡Jy) the earnest money
amounting to Rs. 100,000/- (Rupees one hundred thousand only) already received by him and in case the Vendor
does hereby fails to perform his part of the agreement by refusing to execute a registered sale deed in favour of
the Vendee, the Vendee shall have the legal remedy to get a sale deed registered in his favour by filing a suit for
specific performance against the Vendor and may also recover the damages, if any, sustained by the Vendee at
the expense of the Vendor.

6. The provisions of the Transfer of Property Act bind the parties.

7. The terms “Vendor” and the “Vendee” include their heirs and successors etc. successively for the purpose of this
agreement.

IN WITNESS whereof the Vendor and the Vendee have set their hand to their agreement signed to this deed on the
day and year first above written.

AGREEMENT OF SALE
THIS DEED OF SALE is made today the 1st day of January 2002 between Rana Wajahat Ali S/o. Kashif Mahmood, Caste
Jutt, resident of House No. 412, Street No. 14, Farooq-Abad, Sheikhupura (hereinafter called the “Vendor”) on the first
part and Ghulam Raza Rabbani S/o. Ghulam Abbas, Caste Araiyn, resident of Chak No. 12/R. B., Rasoolpura, Narowal,
Sialkot (hereinafter called the “Vendee”) on the second part.

WHEREAS the Vendor is owner in possession of agricultural land measuring into 12 acres bearing Khasra No. 552/565,
Khatooni No. 751, Kheevat No. 5, and Jamabandi for the year 1996 to 2000, situated into Revenue Estate of Village
Sultanpura, Tehsil & District Lahore.

AND WHEREAS the Vendee above named has agreed to purchase the said parcel of land from the vendor above named
on the following terms and conditions:

1. The total consideration amount of the land in question amounting to Rs. 2,000,000/- (Rupees two million only) has
been received by the Vendor from the Vendee in lump-sump.

2. The Vendor does hereby assert that the aforesaid area of land does exclusively belong to him and the property in
question is free from any kind of encumbrance and embargo.

3. The Vendee has the right to take or adopt any legal remedy or action at law against the Vendor in case of any legal
or otherwise by defect of any nature at any time against the Vendor.

4. The Vendor shall be liable for any defect or loss sustained by the Vendee, if any, in the said bargain.

5. The parties are liable to abide by to provisions of Transfer of Property Act.

NOW the Vendor does hereby transfer the said parcel of land to the Vendee to hold the same as his property as a
lawful owner of said property through his heirs and successors.

IN WITNESS whereof said names this deed of sale is signed on the day, month, and year mentioned above.

NOTICE

Under instruction of my client Ashiq Ali S/o. Muhammad Razzaque, Caste Araiyn, resident of House No. 5, Shadman
Colony, Lahore, I do hereby serve upon you the following notice:

That my client above named entered into an agreement for sale of a House no. 5, Shadman Colony, Lahore, covering
an area of one Kanal with Pukka Built structure upon it on December 01, 2001, in consideration of Rs. 2,000,000/-
(Rupees two million only) as the total value of the property in question out of which a sum of Rs. 100,000/ (Rupees
one hundred thousand only) was received by you as the earnest money from my above named client and it was
mutually agreed between the parties that you shall execute a duly registered sale deed of the demised property within
a period of one month ending on February 01, 2002 and that whereas my above named client was prepared to perform
his part of the agreement but you intentionally failed to enter your appearance before the Sub-Registrar on the said
date.

Now, therefore, it is to give you the final notice to execute a duly registered sale deed in favour of my above named
client with the payment of Rs. 1,900,000/- (Rupees one million nine hundred thousand only) as such payable by my
above named client in lieu of the sale bargain within a period of seven days after the receipt of this notice failing which
my above named client shall be constrained to adopt the appropriate remedy at law and also to recover from you as
damages suffered by my above named client.

A copy of this notice has been kept into my office for record.
Advocate’s signature

Matters of power of attorneys are governed by Power of Attorney Act, 1868. Power of attorney authorizes any person
to do or perform all or any of acts on behalf of the person so authorizing. It is granting for any matter either personal
or judicial.

Power of attorney extinguishes either by revocation (î¿BÃ ¾BñIA) or death of the person who grants such power. As
the maker of this document dies, such power also dies. There are two types of powers, i.e., general and special power
of attorneys. Person so granted power is bound to exercise his power within the limitations prescribed. He has to act
in good faith. He has to avoid act in bad faith. Mala-fide act can be declared null and void in rebuttal. Civil action never
dies whereas criminal action dies as accused dies.

SPECIAL POWER OF ATTORNEY

By this Special Power of Attorney I, Muhammad Ali S/o. Allah Ditta, Caste Rajput, resident of House No. 237, Street No.
12, Mohallah Naseer Abad, Ferozepur Road, Lahore, do hereby constitute and appoint Mst. Jawairia Abbasi, as my
lawful attorney to act, conduct, and proceed on in my name and on my behalf with the case titled “Suit for specific
relief” pending in the Court “Senior Civil Judge, Lahore” and the said my lawful attorney authorizes to appoint any
person in my behalf and in my name to compromise or withdraw any plaint or written statement or to receive or pay
cost and further to do all other acts considering necessary in nature.

GENERAL POWER OF ATTORNEY

By this General Power of Attorney I, Ghulam Abbas Chattha S/o. Muhammad Abid Bashir, Caste Gujjar, resident of 36
– Q, Model Town, Lahore, do hereby constitute and appoint Zeeshan Munawar S/o. Musanjef Waqas, Caste Memon,
resident of 45, Riwaz Garden, Lahore, as my lawful general attorney as I, the above name is an old man of 80 years,
thus incapable to perform all the functions on my own and for which the above named attorney shall do, act, and
perform all that given hereunder:

1. To sign and verify the plaints, written statements, memorandum of appeal, revisions, or writ petitions in all the
revenue, civil courts, and tribunals including the High Court or the Supreme Court of Pakistan on or against my
behalf.

2. To engage any lawyer (advisor), advocate (practitioner), legal consultant, or any advocate of Supreme Court of
Pakistan for the purpose of instituting any legal proceedings in the competent Court of jurisdiction for or on behalf
and against the undersigned/me.

3. To compromise any matter pending before any authority or a Court of law thus to get, consent decree or withdraw
any application or suit or appeal filed as such for or against me.

4. To lease out on “Putta” the agricultural land owned by me in the Revenue Estate of Village Sultanpura, Tehsil and
District Lahore, the Revenue Estate of Village Raja Ghuman, Tehsil Daska, District Sialkot and in the Revenue Estate
of Village Bekhewal, Shah Di Khoi, Tehsil and District Lahore and to collect the rent or any arrears of rent with
power to restrain (Fieri facias – Government Writ) the crops etc.

5. To give on rent the immovable property belonging to me comprising/consisted of my Pukka Built (Êfq jÎÀ¨M B¸‚)
houses situated in District Sheikhupura, Sahiwal, and Kasur including the shops at commercial rates.

6. To purchase and mortgage any property at the market rate or from any Court auction proceeding in the process
of execution of any decree valuing not more than rupees five hundred thousand only.
7. To do all or any necessary proceedings for the preservation of the properties belonging to me in the regular and
usual course and my above named attorney shall not be liable for any loss or damage done to the property in
virtue of any act of the superior force.

In witness whereof I the above named Muhammad Ali do hereby set my hands to this power of attorney today 25th day
of January 2002 referred.

Witness No. 1 _________________________

Witness No. 2 _________________________

Specimen signature of the attorney

______________________________

Signature

MORTGAGE DEED

THIS MORTGAGE DEED/DEED OF MORTGAGE is made the 6th day of February 2002 between ABC S/o. XYZ, Caste Kakay
Zai, resident of 96, Shiraz Villa, Muslim Town, Lahore (hereinafter called the “Mortgagor”) of the first/one part and
PST S/o. HTML, Caste Chattha, resident of 105 – Umar Block, Awan Town, Multan Road, Lahore (hereinafter called the
“Mortgagee”) of the second/other part.

WHEREAS the mortgagor above named has taken as loan/debt as sum of Rs. 200,000/- (Rupees two hundred thousand
only) from the mortgagee above named repayable to the mortgagee after a period of one year, i.e., 5th day of February
2003 with interest @ 10% p. m.

AND WHEREAS in consideration of the mortgage debt, the mortgagor does hereby execute a simple mortgage of the
property owned and possessed by him bearing number 5, Shadman Colony, Lahore, as security of the mortgage debt,
the detail of which is given hereunder

1. East: Studio of Reema Ali

2. South: House of Reesham Jan

3. West: Clinic of Zara Sheikh

4. North: Thoroughfare

on the following terms and conditions:

1. The mortgagee shall be with his lawful right to recover the mortgage debt with interest by adopting the remedies
available to him in the competent Court of mortgagor, he shall be legally entitled to recover the same through
sale of the demised property.
2. On failure of the mortgagee to redeem the property after the receipt of the mortgage debt, the mortgagor shall
be with his right to get the property redeemed.

3. Both the parties (mortgagor and mortgagee) respectively are bound by the provisions of the Transfer of Property
Act.

IN WITNESS WHEREOF the parties (mortgagor and mortgagee) have signed/set their hand.

Mortgagor Mortgagee

Witnesses: 1. Witnesses: 1.

2. 2.

PARTNERSHIP DEED

THIS DEED OF PARTNERSHIP is made today the 15th day of February 2002 between A S/o. B, Caste Janjua, resident of
133, Ferozepur Road, Lahore (hereinafter called the “Partner”) of the first/one part and C S/o. D, Caste Gujjar, resident
of 119 – Huma Block, Allama Iqbal Town, Lahore (hereinafter called the “Partner”) of the second/other part.

WHEREAS the partners named above have agreed to enter into the partnership business of the import and export of
the manufacturing of carpets.

AND whereas the partners have agreed to enter into the following covenants/terms and conditions:

1. Name of the partnership firm shall be Rana Nizam Khan & Brothers Carpets Manufacturing Firm and its Head
Office shall be located at 51 – Jail Road, Lahore.

2. The total capital of the partnership business shall be Rs. 2,000,000/- (Rupees two million only) to be contributed
by the partners above named in equal shares.

3. The profits & losses accrued therein shall be borne out by the partners in equal shares.

4. In addition to the profit or loss shared as such, the above named C shall be responsible to maintain and supervise
all the records namely ledgers, register of payments, receipts etc., for which (in lieu of) he shall be paid a sum of
Rs. 5,000/- p. m. as remuneration.
5. The bankers of the partnership business shall be M/s. Habib Bank Limited and no payment in the name of
partnership firm shall be withdrawn without the joint signature of both the partners.

6. In case of any loss sustained in the regular and usual course of the business of the partnership firm, all the losses
shall be borne by the partners in equal shares.

7. In case of any difference between the partners, the partners are hereby agree to refer the same to the
arbitrators appointed as such.

8. Neither of the partners of the partnership firm shall effect the property of the partnership firm for its business
by creating a charge, encumbrance or embargo of any kind of the nature of mortgage or any security in respect
of any other transaction in his independent and individual capacity not related directly or indirectly to the
business of the partnership firm.

9. The partnership shall stand dissolved at the death of any partner.

10. The partnership firm shall be registered before the Registrar of Firms within a week after the execution of these
presents.

11. The parties are hereto bound by the provisions of the Partnership Act, 1932.

IN WITNESS WHEREOF the partners have signed this deed of partnership on the date, day, and year above mentioned.

EXCHANGE DEED

THIS DEED OF EXCHANGE is made today the 14th day of March 2002 between Munir Ahmed S/o. Nazir Dad, Caste Arain,
resident of House No. 9, Street No. 5, Shadman Colony, Sialkot of the one part and Rashid Ahmed S/o. Qaim Din, Caste
Jatt, resident of Village Mand, Tehsil Daska, District Sialkot of the other part.

Whereas the above named Munir Ahmed is exclusive owner in possession of a house bearing House No. 9, Street No.
5, Shadman Colony, Sialkot, built upon an area of land 1 kanal with Pacca structure comprising 3 bedrooms with
attached bathrooms, a kitchen, a storeroom, and a courtyard upon it valuing Rs. 2,000,000/- (Rupees two million only)
and whereas the above named Rashid Ahmed is owner in exclusive possession of agricultural land owned and
possessed by him measuring into 6 acres bearing Khasra No. 581, 584, and 694, Khatooni No. 9, Kheevat No. 5,
Jamabandi (Record-of-Rights which are prepared after each four years) of the year 1996 – 2000 and situated in the
Revenue Estate of Village Mand, Tehsil Daska, District Sialkot, valued at Rs. 2,200,000/- (Rupees two million two
hundred thousand only).

And whereas the parties named above have agreed to exchange/excamb the same mutually on the following terms
and conditions:

1. The above named Munir Ahmed is the sole proprietor, owner, and occupant of the house in question and as full
owner has the power to transfer, sell, mortgage, and exchange or otherwise to alienate it in any manner he likes.
The house in question is free from any encumbrance of any kind whatsoever. The map plan of house in question
is attached.

2. The said Rashid Ahmed is also owner in possession of agricultural land the detail of which is given above.

3. In order to strike a balance between the accurate and precise price in connection with the said bargain of
exchange, the above named Munir Ahmed has paid a sum of Rs. 200,000/- (Rupees two hundred thousand only)
to the above named Rashid Ahmed as owelty of exchange, the receipt of which the above named Rashid Ahmed
has do as hereby acknowledged.
4. The heirs and successors, after the death of any of the party, shall be bound by the respective transfer of the
property into question, respectively.

5. In case of any defect of ownership or otherwise in any event, in relation to the property, belonging to anyone of
the parties, shall be liable for the loss accrued as such and the aggrieved person shall be within his rights, be legally
empowered to initiate the legal proceedings in the competent Court of law and shall also have the right and power
to receive damages as well.

In witness whereas each of the person/party has signed this deed of exchange/excamb on the day, month, and the
year mentioned above.

Signature Signature

Witnesses: 1. Witnesses: 1.

2. 2.

GIFT DEED

THIS DEED OF GIFT is made today the 4th day of April 2002, between Kareem Bakhsh S/o. Rasheed Bukhsh, Caste
Arayin, resident of Village Sultan Pura, Tehsil and District Sahiwal (hereinafter called the “Donor” KÇAË) of the
first/one part and Bashir Ahmad S/o. Shabbir Ahmad, Caste Arayin, resident of Chak No. 5 South, Sargodha (hereinafter
called the “Donee” îλA LÌÇÌ¿) of the second/other part.

WHEREAS the Donor above named is sole/exclusive owner in possession of agricultural land measuring into 2 acres, 5
kanals, 10 sarsahis, bearing Mahdooda Khasra No. 105 to 107, Khatooni No. 7, Kheevat No. 9, Jamabandi for the years
1994 to 1998, situated in the Revenue Estate of Village Sultanpura, Tehsil and District Sahiwal.

AND whereas the Donee above named has rendered useful services to the Donor above named during his illness and
made the necessary expenses from his pocket in his medical treatment when he was suffering from clinical diseases
in his senility and dotage.

WHEREAS the Donor above named out of natural affection and love transfers by way of gift all that property detailed
above in favour of the above said Donee TO HOLD the same through his heir, executors, and administrators.

THE Donor hence to before transfers the property to the Donee and the Donee does hereby accepts the delivery of
the possession.
IN WITNESS WHEREOF the Donor and the Donee have affixed their signature to the Deed of Gift on the day, month,
and year above mentioned.

Signature Signature

Witnesses: 1. Witnesses: 1.

2. 2.

Parts of indenture (deed, document, instrument): Following are the parts of indenture:

1. Title of the deed: It is subject matter of the deed from where intention of the scriber is shown. It is the main
heading under which all terms and conditions are described.

2. Commencement and date: Different deeds are differently described according to the nature of the transaction
which they effect, for example, “this conveyance”, “this gift deed”, “this agreement”, “this gift of deed”, “this
mortgage”, “this gift” etc. The date is not strictly speaking part of the deed. A deed takes effect from the date on
which it is delivered. If the date is stated is impossible, for instance, February 30, 2001, this does not effect the
validity of the deed.

3. Parties: Next come the parties to the deed. These should in general comprise besides the transferor and the
transferee, every person whose consents or concurrence is necessary to make a perfect conveyance of the estate
or interest contracted to be sold. The most convenient order of the arrangement of the parties is to place first the
party or parties by whom the property is transferred. Next any person whose concurrence is requisite or who
enter into any covenants is conveyed. The name and description such as caste and complete residential address
of all the parties should be set out in full so as be prevent any difficulty in this subsequent identification.

4. Recitals: After the parties come, such recitals are may be considered necessary. Recitals are of two kinds,
namely narrative recitals, which set out the facts and instruments necessary to show the title and relations of the
parties to the subject matter of the deed, and introductory recital, which explains the motive and purchase of the
deed containing them. Recitals may be sometime be used as statements of facts tenting to validate the title in the
case of subsequent sale or other transfers bearing in mind the rule that tall recitals thirty years old at the date of
contract unless proved in accurate sufficient evidence of the statements contained in them. Recitals in a deed
estops all person on whose behalf they are made and persons claiming under them from disputing their accuracy
but do not bind any other party to the deed. In order that a recitals may operate as estoppel. It must be clear and
unambiguous.
5. The operative part or testatum: The next division of the deed consisting of the operative part, i.e., the testatum
“now this conveyance/deed witnesseth and it is hereby agreed and declared as follows” followed by the
consideration, the receipt clause, the operative word and also the vendor’s covenants for title.

6. The parcels: The operative part is followed by the description of the property. This description is technically the
parcels and should when practicable be the same as in the earlier title deeds so as to prevent any question as to
the identity of the property as conveyed with that described in such earlier deed if, however owing to change in
the matter of the property such as rebuilding or surrounding the old description proves insufficient to identify the
property sold with certainty and new description should be framed while making to description contained in
earlier documents.

7. General word: After parcels, the general word comes, which purport conveys to the transferor all rights and
easements, and other rights appended and appurtenant to the property or at any time enjoyed with it or reputed
to form apart to it. Rights, which are, appended (Easement rights) or appurtenant pass by the conveyances of
land to which they are annexed. It might happen that the vendor or the transferor was retaining other land
belonging to him and adjoining the land sold. Any rights which the Vendor had been exercising over the land
retained for the benefit of the land conveyed could not pass to the transferee as easements because a man could
not have an easement over his own land. The General Words in England have since been omitted as it has been
provided by statue that a conveyance of land shall be deemed to include and shall operate to convey with the land
all the easements and other incidents and accessories.

8. Exceptions and Reservations: Next part of the deed consists of exceptions and reservations, if any. An Exception
is where the Vendor transfers which is already in existence at the time of the grant, for instance an exception of
the mines and minerals. To such an exception there is no instance an exception of the mines and mineral. To such
an exception there is no objection provided that is not repugnant to the grant. For instance, in a grant of a house
and grounds as exception of the grounds would be repugnant to the grant and consequently void.

A Reservation is where the transferor reserves to himself something entirely new for instance an easement over
the land conveyed. Such a reservation shall be expresses for it will not be implied unless there are special facts to
justify it.

9. Habendum: Next part of the deed is habendum. It implies and signifies the rights in the property transferred to
the transferee by the transferor is very often expressed that in the deed/indenture as “To have and hold the same”
as whatever is given and narrated as to the subject matter of the demised property. These words establish the
fact that the rights now have floated in favour of the transferee against the person who for and consideration
transfers, sells, or alienates the property in question with a consideration.

10. Testimonium: Last part of the deed is testimonium, which implies the attestation of the deed/indenture by the
witnesses who establishes that the transaction did take place in their presence and their testimony/evidence is
very much relevant in case of any dispute between the parties in a Court of law. Very oftenly the scribe also adopts
the role of a witness having attested the deed.

WILL (CODICIL)

This is the last Will and testament of me Kaleem Akhtar S/o. Nabeel Hussain, Caste Kakay Zai, resident of 12 – B, Umar
Block, Model Town, Lahore, made this deed of Will on the day 18th of April 2002.

I hereby revoke all former Wills and Codicils made by me.

I bequeath all my money and other moveable property whatsoever and where-so-ever to my wife Memoona Begum
D/o. Riasat Ali, Caste Janjua absolutely.
I demise all my land and other immovable to my wife Memoona Begum D/o. Riasat Ali, Caste Janjua for her life and
after her death to my daughter Miss Humaira Kaleem absolutely and if the said Humaira Kaleem dies before me shall
void then to my nephew Muhammad Iqbal.

I bequeath the following annuities to commence from the date of any death and to be paid and equal monthly
payments to my above said daughter. An annuity of Rs. 5,000/- to be paid during her life, to my sister Mst. Gulnar Bibi,
an annuity of Rs. 10,000/- during her life and after her death to be continued to her son named Basharat Ali and also a
sum of Rs. 5,000/- as annuity to my old servant named Rafaqat Bilgrami.

IN WITNESSETH WHEREOF, I set my hand to the deed of Will today 18th of April 2002.

PROMISSORY NOTE

Rs. 50,000/- Lahore, April 20, 2002

Three months after date (or on demand) I promise to pay Mr. Sajjad Ali or order (or
bearer) Rs. 50,000/- (Rupees fifty thousand only) with interest @ 10% p. a. until
payment, for value received.

Pir Pagara

BOND

Rs. 100,000/- Lahore, April 20, 2002

I, Sultan Rahi S/o. Qurban Elahi, by Caste Malik, resident of 10 – Badian Road, Near Lahore
Boarder, Lahore, having borrowed Rs. 100,000/- (Rupees one hundreds thousand only)
from Babar Ali S/o. Mustafa Qureshi, Caste Bhatti, resident of 18 – Shadbagh, Lahore,
hereby promise to pay the said Babar Ali, the said sum of money on demand with
interest thereon from the date of bond @ 10% p. a.

Sultan Rahi

In witnesseth whereof, I set my hand to the deed of Bond today 20th of April 2002.

Order 37 governs laws and pleadings on Negotiable Instruments such as Cheque, Bill of Exchange, and Promissory
Note. District Judge is the competent Court to hear the suits on Negotiable Instruments rather than Senior Civil Judge.

RECEIPT

April 20, 2002

 Received from Mr. Nomman Ijaz S/o. Ali Ijaz, Caste Chaudhary, resident of House No. 49,
Street No. 69, Mohallah Naseer Abad, Peshawar, the sum of Rs. 50,000/- (Rupees fifty
thousand only) being the full and final satisfaction of the amount due from the said
Mr. Nomman Ijaz.

Fazeela Qazi

DISSOLUTION OF PARTNERSHIP DEED

THIS DEED of dissolution of partnership is made today the 25th day of April 2002, between A S/o. B, Caste Malik,
resident of 95, Gulberg III, Lahore (hereinafter called the “Partner of the first part”) and C S/o. D, Caste Ghumman,
resident of House No. 45, Kachoopura, Lahore, (hereinafter called the “Partner of the second part”).

Whereas the partners above named had through mutual consent agreed to run a partnership business for the import
and export of medicines and medical equipment having the registered Head Office of the firm named as “A & B Co.
Brothers” and a duly executed partnership deed registered as bearing number 2344, dated October 01, 2000, was
struck between the partners named above with a total capital of Rs. 4,000,000/- (Rupees four million only) contributed
in equal share by the partners above named and under the provisions of the said partnership deed the profits and
losses were to be borne out by the partners in equal shares.

Whereas it has become well-nigh (nearly, roughly, almost) impossible for the partners to carry on the business of the
partnership firm any more as certain differences have created up between the above named partners and they have
been left with no alternative except to dissolve/determine the partnership firm through mutual consent, on the
following terms and conditions:

1. The partnership firm named above stands dissolved forthwith with the execution of these presents from today
the 25th day of April 2002.

2. The accounts lying with M/s. Habib Bank Limited, Bank Square, Shahrah-e-Qauid-e-Azam, Lahore shall cease to
operate immediately and the said bank has been informed as regards the dissolution partnership firm. The
partners above named have received the proceeds of the bank account and cash lying in bank account running to
the tune of Rs. 3,000,000/- (Rupees three million only) in the name of the partnership firm in equal shares the
receipt of which each partner dies acknowledge.

3. The partners shall dispose of all the assets, effects, fixtures, and all such belongings pertaining in relation to the
partnership business. The partners in equal shares shall share the proceeds.

4. The vehicles bearing registration number LOA – 2010, model 1999, and pick up bearing registration number LXE
3556, model 2000 have been through mutual consent have been sold out by the partners in consideration of Rs.
2,000,000/- (Rupees two million only) and shared equally by the partners above named.

5. All these proceedings pending in the course of competent Court of jurisdiction for or on and against behalf of the
partnership firm and against the partnership firm shall be continued after the dissolution of the firm and the
liabilities/decrees passed as such in the proceedings in the forthcoming period shall be lawful making the partners
personally liable as the partnership firm has not been dissolved for satisfying exclusively the loans against the firm
in full and final satisfaction of the claims of lenders or from that point of view in full and final satisfaction of the
partners borrowed as such by them.

DEED TO REFER ARBITRATION

THIS AGREEMENT is made on the 30th day of May 2002, between Tonny Blair S/o. BMW Roxy, Caste Kamee Kameen,
resident of 10 – Downing Street, London, of the first part and Armature Bush S/o. Mercedes Benz, Caste Pandee,
resident of White House, Washington, of the other part.

WHEREAS:

1. The said Armature Bush S/o. Mercedes Benz has made to following claims against the said Tonny Blair S/o. BMW
Roxy in connection with the partnership business between them following claims:

a) Rs. 800,000/- (Rupees eight hundred thousand only) as expenses incurred in connection with the carriage of
the goods.

b) Unexplained expenses of Rs. 50,000/- (Rupees fifty thousand only).

c) Transportation expenses to the tune of Rs. 70,000/- (Rupees seventy thousand only).

2. The said Tonny Blair S/o. BMW Roxy does not admit the aforesaid claims of the said Armature Bush S/o. Mercedes
Benz.

3. Disputes and differences are now pending between the parties hereto respecting the aforesaid claims.

4. The parties hereto have agreed to refer the said disputes and differences to arbitration.

NOW it is hereby agreed between the parties as follows:

1. All questions and matters in dispute and differences between the parties hereto touching the aforesaid claims of
the said Armature Bush S/o. Mercedes Benz are hereby referred to the award and final determination of Mr. Poten
Khurochieve as arbitrator.

2. The said arbitrator shall have power to proceed ex parte in case either party fails after reasonable notice to attend
before him.

3. The award of the arbitrator shall be binding on the parties and this submission shall not be revoked by the death
of either party before the making of the said award.

IN WITNESSETH WHEREOF the parties hereto have set their hand to this deed on the day, month, and year above-
mentioned.
Pleadings
Course Contents:---

1. Pleadings in India with precedents by Sir C. Walsh and J. C. Weir.

Book Recommended:---

1. The Art of Pleading and Conveyancing by Nasim Sabir Chaudhary.

Virtue is its own reward (šè …E ÂB¨ÃA BÄ‚A Ó¸ÎÃ).

There are many types of courts, i.e., civil Court, family Court, rent controller, banking tribunal, labour Court, drug Court,
service tribunal etc.

Every Court has its jurisdiction. Jurisdiction may involve pecuniary, territorial, subject matter, and parties.

Civil Courts include Civil Court First Class, Second Class, and Third Class. Case related to one class cannot be processed
in another Court. Case without jurisdiction is declared null and void. S. 9 of Civil Procedure Code deals with the plenary
(definite) jurisdiction but subject to express or implied bar.

Terminology used in civil cases: These are some terminologies used in civil cases:---

1. Suit for possession (ÓIBμae Ô̧e).

2. Application for ejectment (Ó¼afÎI šÖAjI OmAÌaie).

3. Suit for recovery of money (f´Ã ik šÃB‚ Üe Ô̧e).

4. Suit for injunction (ÓèBÄN¿A Á¸Y).

5. Suit for declaration (iAj´NmA Á¸Y).

6. Suit for specific performance (wNb¿ ½ÎÀ¨M).

7. Agreement to sell (©ÎI ÊfèB¨¿).

8. Agreement of sale (î¿BĨÎI). It is duly executed deed.

Family Court acts under Family Court Act, 1964. Under its jurisdiction following comes:---

1. Dissolution of marriage (Dissolution of Muslim Marriage Act, 1939).

2. Restitution of Conjugal Rights.

3. Jactitation of Marriage (false pretence of being married). Where a person boasts or gives out that he or she is
married to someone, whereby a common reputation of their marriage may ensue; in such a case the person
aggrieved may present a petition praying a decree of perpetual silence against the jactitator.

4. Dower.

5. Maintenance.
6. Guardianship.

7. Custody of children.

Pleading is a mother of every case and every pleading contains:---

1. Plaint (Ó§f¿ Ô̧e Øyj§): Plaintiff submits his grievances under plaint.

2. Written statement (îμ§ B§f¿ çAkA Ô̧e LAÌU): It is reply of plaint. Defendant advances it.

3. Issues (PBÈδÄM): Differences arises out from plaint and written statement helps in framing of facts in issue. Only
Court can frame facts in issue.

4. Evidence (PeBÈq): It is an act by which facts in issue are proved or disproved. Evidence may either be ocular or
documentary. It is pre-arguments stage.

5. Arguments (SZI): Stage where counsels of both parties argue in favour of their claims after recording the evidence.
It is post evidence stage.

6. Judgement (î¼vί): It is finality of the suit.

First appeal lies in the Court of District Judge. Second appeal lies to High Court and final appeal lies to Supreme Court.

1. Plea (±³Û¿):

2. Plead (BÃj· s΂):

3. Pleader (i•Î¼‚):

4. Pleading (BÃj· s΂ ±³Û¿):

To plead means to address the Court on behalf of either the plaintiff or the defendant. Pleading therefore would mean
statement-making acquisition of allegation and replies thereto made in a legal action.

Pleadings are statements in writing drawn up and filed by each party to a case, stating what his contention will be at
the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.

Every pleading shall contain, and contain only, a statement in a concise form of the material facts, on which the party
pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

Written or printed statements delivered alternately by the parties to one another, until the questions of fact and law
to be decided in an action have been ascertained, i.e., until issue is joined.

Pleading (Order VI of CPC)

Plaint (Order VII of CPC) Written Statement (Order VIII of CPC)

No proper language is prescribed for pleading. It can be either in English or Urdu. Civil Procedure Code defines pleading
to mean plaint and written statement.

Objects of pleading: The whole object of pleading is to ascertain (determine, establish) with precision the points on
which the parties and the points on which they differ and thus to bring them to definite issue. In written statement
facts are stated either admitted (šè ÁμnM Omie) or not admitted (šè îà ÁμnM Omie BÍ šè iB¸ÃA).
In this way the parties are enabled to induce (persuade, urge) proper evidence to prove their respective cases.

Pleadings have to clear, definite, and precise. If the pleadings are waived, the Court may examine the party concerned
and tie him down to definite pleadings.

Rules of pleading: Following is guidance for drafting pleadings:---

1. Whole facts: State or write your whole case in your pleadings, i.e., all the material facts on which you relies for your
claim or defence.

2. Avoid law: Do not cite or write the law. Only write/state/cite the facts in your pleading.

3. Avoid evidence: Do not state the evidence by which such facts are to be proved. Evidence may either be oral,
written, documentary, or circumstantial etc.

4. Avoid anticipation: Do not anticipate opponent’s pleading and plead to anything, which is not alleged against you.

5. Be concise: State your facts concisely and precisely.

6. Avoid arguing: Do not argue in the pleadings.

Fundamental rule: Order 6, Rule 2 is the fundamental rule of pleading. When analyzed, it will be found to require four
things:---

1. Every pleading must state facts and not law.

2. It must state material facts, and material facts only.

3. It must state only the facts on which the party pleading relies for his claim or defence, and not the evidence by
which they are to be proved.

4. It must state such facts in a concise form.

Object of pleadings: The main object or one of the main objects of this rule that the one party may know what are the
facts on which the other party relies in order that he may be prepared to meet the case.

Material fact: According to Order 6, Rule 4, the following are material facts:---

If you allege fraud, cheating, misrepresentation, then give particulars of such fraud etc.

If it is not done then the Court will take notice brevity (briefness, shortness) allegation of fraud.

Every fact which a plaintiff “must allege in order to show a right to sue”.

Every fact which a defendant “must allege in order to constitute his defence”.

If either the plaintiff or the defendant puts their case on alternative grounds, every fact vital to any such alternative
ground.

Every fact which may not be necessary to show a right of suit but which the plaintiff will be required to prove at the
trial to support his case.

Every fact, which the defendant is required to prove at the trial, and which will be a defence either wholly or partly to
the plaintiff’s claim.
Presumption of law: Order 6, Rule 13 of the Civil Procedure Code lays down “neither party need in any pleading allege
any matter of fact which the law presumes in his favour or to which the burden of proof lies upon the other side,
unless the same has first been specifically denied, e.g., consideration for a bill of exchange, where the plaintiff sues
only on the bill and not for the consideration as a substantive ground of claim.”

Verification: It is an admission of the truth of the facts asserted in plaint and written statement. Without making
verification plaint remains incomplete and liable to reject.

In the end the pleading it shall be signed by the both plaintiff and defendant and the date of the presentation of the
suit will be given. Thereafter the contents of the pleading shall be verified in accordance with the provisions of Order
6, Rule 15 of the Code of Civil Procedure.

The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies of his
own knowledge and what he verifies upon information received and believed to be true.

The verification shall be signed by the person making it and shall state the date on which and the place at which was
signed.

There are four important points in verifications, i.e., place, date, personal knowledge, and belief.

Place means place where plaintiff or defendant, i.e., maker of verification resides,
e.g., Lahore, Karachi, Quetta, Peshawar, Muzaffarabad etc.

Date means date on which verification is made and signed by both the plaintiff and defendant.

Verification of personal knowledge means the verification of facts put in pleading.

Verification of belief means the verification of the legal knowledge received from the lawyer.

Territorial jurisdiction: Cause of action arose at Lahore and therefore honour-able Court has jurisdiction to proceed
this suit. It falls in the verification where legal knowledge lies.

Cause of action: It means the facts of the issue.

Court fee and valuation: The value of the subject matter of the suit is for the purposes of Court fee and jurisdiction.
Jurisdiction effects the suit for the purpose of appeal after the judgement. Where valuation is more than Rs. 200,000/-
, the suit is filed in the Court of District Judge. When District Judge works for criminal matters then he is termed as
Session Judge.

Need of verification: It avoids the unnecessary litigation like mala-fide intention. Without verification Court does not
accept pleading. Where wrong facts and verification is made, Court gives punishment with imprisonment.

Amendments of pleadings: Sometimes it is essential for the parties to amend their own pleadings, before or during
proceedings of a suit. Such amendments become necessary, when, for example, some fresh information is received,
or when the interrogatories have been fully answered by the opposite party or when documents previously unknown
have come to light.

Where necessary facts have been omitted and without which pleading remains incomplete or weak then amendments
in pleadings are allowed provided Court is satisfied.

The Court may at any stage of the proceedings allow either party to alter or amend its pleadings in such manner and
on such terms as may be just. All such amendments shall be made as may be necessary for the purpose of determining
the real questions in controversy between the parties, the Court may at any stage of the proceedings. It is discretion
and not compulsion on the part of Court.
 Pleading (Proceedings)

Application
Plaint Written Statement
(when made)

Issues

Evidence

Arguments

Judgement

First Appeal (District Judge)

Second Appeal (High Court)

Third and Final Appeal (Supreme Court)

Above chart shows the proceedings and at any stage Court may (discretionary) permit either party to alter or amend
the plaint or written statement. Application is made to the Judge concerned for alteration, which must be bona-fide
and not scandalous, mala-fide, or prejudice.

Things for which amendments in pleadings are not allowed: They are as under:---

1. Where there amendment changes the nature of suit.

2. Where new relief is added or asked.

3. Where new cause of action is arisen by new application.

Example: There was a woman got married with a man independently and got registered Marriage. She went her
paternal home rather than to her husband home. When her family gets knowledge of her being married, they put
pressure for the denial of this marriage. She brought lawsuit against her husband denying marriage. After six months
she brought an application for amendment in plaint tending the cancellation of Marriage Certificate being illegal
certificate taken fraudulently. Since application had material which was either sufficient to change entire nature of
case or change of cause of action or new relief was added therefore application was liable to reject.

Example: In another example A sued B for pronote amounting to Rs. 500,000/-. After four years instituting the
case A brought an application of amendment requesting to incorporate another amount of loan. Since it has effect to
add new relief and also case was time barred therefore it was rejected.

If by chaining or amending the pleading, a legal right which has already accrued in favour of the other party, that legal
right would stand prejudiced or destroyed in such as case also amendment cannot be allowed.

Clerical error or amendment for correcting mis-description of parties where it does not add new parties is permissible.

New parties are not allowed where the plea sought to be taken, by way of amendment is one which could have been
taken in the original plaint such an amendment will be permissible. Mere delay is no ground for refusal of amendment.
The provisions of this rule should be liberally construed. The amendment can be made at any stage of the proceeding.
The discretionary power of the Court is very wide for the reason of facilitating administration of justice and to avoid
multiplicity of litigation. The only limitation on the power is that it should not cause injustice to the other party. Words
“at any stage” mean during pendency of the suit and an appeal is a continuation of the suit. Therefore an appellate
Court can also allow amendment after admission of the appeal.

First appeal is right of defendant. Every decree is appeal-able. It must be admitted. Appeal in Supreme Court requires
leave to appeal of Supreme Court. When it is granted then it is considered admitted.

Regular Second Appeal (RSA) is liable to dismiss in limine and no notice is sent to the other party. If such an Writ
Petition or Regular Second Appeal is admitted to regular hearing then notice is sent to opposite party.

When the amendment is sought to be made, would neither take away any legal right of the opposite party nor
regulated in any loss to that party then the amendment is allowed is permissible and opposite party may be
compensated by grant of cost.

Proposed amendment should be in writing and in explicit (clear or specific) form. General prayer for amendment
cannot be allowed.

Plaint – (Ó§f¿ Ô̧e Øyj§)

In the Court of Senior Civil Judge (Malik Khuda Baksh Tiwana), Lahore

Nasir
Plaintiff
51 – N, Gulberg III, Lahore
Versus
Mansoor
Defendant
16 – B, Township, Lahore

Suit for recovery of money (f´Ã ik šÃB‚ Üe Ô̧e)

Respectfully Sheweth (shows, states, or submits):---

1. That the plaintiff and defendant had ………………………….

2. That ……………………………………………………………….

3. That ……………………………………………………………….

4. That ……………………………………………………………….

5. That ……………………………………………………………….

6. That cause of action accrued on ………………………

7. ……………. Territorial jurisdiction ……………………………

8. That value of the subject matter for the purposes of suit valuation and court fee …………………………………

Prayer …………………………………………………………….

Plaintiff
through
Sardar Shahbaz Khan
Advocate
Plaintiff Turner Road, Lahore
 Verification ………………………………………………………

Plaint: Plaint is part of pleading. Application is also pleading. Plaint is generally understood is a memorial or
memorandum in writing submitted to a Court of law in which the person concerned, i.e., the plaintiff submits or writes
his cause of action. It is the first process tendered to a competent Court of law in the nature of original action whereby
the aid of the Court is invoked.

In other country, for instance, UK, such a memorial is called a “statement of claims”. This word is not defined in Code
of Civil Procedure therefore it shall be construed in the general sense as a petition of claim put in by a plaintiff in the
civil Court of original jurisdiction to initiate a civil suit.

A plaint is always in writing and it should be written in language of the Court. In Pakistan we have both English and
Urdu as languages of the Court.

How to draft plaint: Following points must be kept in consideration while drafting pleadings, i.e., plaint or written
statement:---

1. Hear and note down all material.

2. Apply relevant law.

3. Draft self.

4. Discuss with client.

5. Be serious, clam, cool, and responsible.

Contents of the plaint: Following are the contents of the plaint, which complete it according to Order 7, Rule 1:---

1. Name of the Court.

2. Name and full address of plaintiff or appellant or petitioner.

3. Name and full address of defendant or respondent.

4. Subject of the plaint such as suit for possession or application for ejectment.

5. Material facts which constitute cause of action for the case. These are taken from story which client provides.
Plaint is started as (šè kAej‚ ~j§ ½Íg KnY Ó§f¿). It includes the following details:---

(1) Date of execution of deed.

(2) Property details.

(3) Name of owner of property.

(4) His address.

(5) Advance money.

(6) Agreement to sell.

(7) Agreement of sale.

(8) Purchased by registration deed.

 (9) Token money.

(10) Advance money.

(11) Total money involved.

(12) Promise of delivery on certain date.

(13) Failure in compliance of agreement.

(14) Legal notice sent, and refusal of compliance.

6. Paragraph showing when did cause of action accrue. (Paragraph relating to accrual of cause of action).

7. Jurisdiction of the Court including territorial and pecuniary as well.

8. Valuation of suit for the purpose of Court fee and jurisdiction.

9. Verification by plaintiff.

10. Name and signature of plaintiff.

11. Name and signature of advocate.

Competency of Court: All the suits except, which are expressly provided or time barred, are brought in the Court of
Civil Judge.

Suits in remote areas: Areas in which separate courts for separate suits are not available, law gives power to civil
Judge to hear the different cases, e.g., where separately Rent Controller is not available, civil Judge is empowered and
addressed as follows:---

In the Court of Senior Civil Judge (with the power of Rent Controller), Pasni

Family Court Act, 1964, has created Family Court, and laid down the law for expeditious and quick disposal of cases.
Act includes substantial law while Rules are details of Act. Names of witness are also included in plaint. Decisions of
Family Courts are made speedily keeping in view of the importance of family matters. Family Courts’ Rules were also
framed in 1965. It deals with seven matters such as:---

1. Dissolution of Muslim Marriage.

2. Dower.

3. Maintenance.

4. Guardianship.

5. Custody of Children.

6. Jactitation of Marriage.

7. Restitution of Conjugal Rights (ÓÖÌqE Æk ¶Ì´Y).

Exclusive jurisdiction for trial of these cases vests in the Family Courts. Civil Court cannot proceed these cases.

In case of delegated divorce, wife may divorce herself in writing in a manner, “in exercise of the powers delegated I
divorce myself or within limits of Allah, spouses cannot live with mutual love and affection.”
Jurisdiction: It is determined first when client comes for filing of suit. It includes territorial and pecuniary as well. He
does not know where suit is filed. It is duty of lawyer to determine jurisdiction first.

Inconsistent plaint or written statement: Plaint or written statement should not be contradictory. For instance, in a
suit of ejectment, defendant may refuse the relationship of landlord and tenant and thus may admit the payment of
rent for certain time period. This plaint is liable to reject. It is notable thing here that every landlord is not owner of
the property but every owner may be landlord of the property. Landlord is the person who is responsible to receive
the rents and profits arising out from the property rented out. In case where land is sub-let, person who receives is
supposed landlord however he is not owner of the land but mere tenant. It is also called blowing in hot and cold.

Alternative plaint or written statement: Plaint or written statement must not provide alternative points, such as, in a
suit of bond first it is denied to be issued, and later on defence is made as it is time barred. It is refusal and thus pleaded.
It is also called blowing in hot and cold.

Alternative and inconsistent: The plaintiff replies upon several different facts in the alternative. The defendant can
also raise as many distinct and separate defenses as he likes. Thus in a suit for declaration of proprietary right, the
plaintiff can also in the alternative plea for a right of pre-emption. Likewise, the defendant in a suit on a bond may take
plea that he did not execute it and may also plea in the alternative that suit is barred by time.

Material fact: Every fact, which a party if bound to prove in order to succeed in his plaint or defence, is a material fact.
Facts not necessary to establish either the plaint or defence are therefore not material facts. The pleader while
drafting the plaint has taken only material facts and discards those, which are immaterial. However if he cannot make
up his mind whether any fact is material or not material, it would be useful to plead it because at a subsequent stage
of the trial. If it turns out that the fact was material, he would stand at a loss and shall not be allowed to prove it as a
matter of right. However he could in suitable cases be permitted to do so only after the amendment of the plaint,
which the Court may or may not allow.

Conclusion of plaint: When the plaint is adjourned on merit, it reaches on logical conclusion.

Return of plaint: If the plaint is returned then case is concluded. Under Order 7, Rule 10 a case is concluded or disposed
of by these ways:---

1. After hearing in the light of law judgement.

2. If plaintiff or defendant does not appear on the date of proceeding (ÔËj΂ Âf§), case comes to either cease or
adjourned ex parte.

3. Plaint is also concluded when Court returns the plaint to its originator.

4. When Court rejects the plaint in limine, case stands disposed of.

Order 7, Rule 10 deals with return of plaint. A plaint shall be returned to the plaintiff for presentation to the proper
Court in case where the Court in which the suit has been filed does not have jurisdiction to proceed that suit. Here
want of jurisdiction means that the suit is either not within the territorial jurisdiction or is not within the pecuniary
jurisdiction. Court returning the plaint shall make an endorsement on the plaint stating reasons for the return of the
plaint and also the date of presentation. In this way the question of limitation will also be covered and the amount of
Court fee paid in the suit shall be saved and the plaintiff within reasonable time as may be fixed by the Court present
the plaint to the proper Court.

Plaint, which is returned, neither is considered as time barred nor Court fee paid is supposed destroyed. Both remains
stand there. After return of the plaint, it is not re-instituted in the Court of proper territorial or pecuniary jurisdiction
but it is mere procedural matter. Fee paid remains there as paid.
Where a suit filed in Revenue Court is not try-able by that Court, the Court should not dismiss the suit, but return the
plaint to be presented to the proper Court. On return of the plaint the suit should be deemed to be instituted when
the plaint is presented in the proper Court. It will not be regarded as the institution of the old suit.

Rejection of plaint: A plaint shall be rejected if:---

1. It does not disclose cause of action, which comes out from material facts;

2. If the suit is deficiently stamped, and despite Court’s order deficiency is not made up;

3. It is under valued, and despite Court’s order valuation is not corrected; and

4. From a statement in the plaint itself, the suit appears to be barred by any law for the time being enforced.

Cause of action is one of essential requirement of the plaint, which provides remedy if facts in issue (material facts)
are proved in favour of plaintiff.

Where less value of stamp is affixed Court may order for the removal of deficiency within specific time period which
Court determines. Court may pass order in this way (šÖBU Ó· ÔiÌ‚ ÊB¿ ¹ÍA ifÃA oί “iÌ· ÓÀ·).

Where subject matter is wrongly assessed Court may order for its correct valuation under law. Failure of responsible
in correction put case to an end.

Cases for which special tribunal or Court has been provided under law, if instituted on the Court having not jurisdiction
on subject matter are liable to reject. A civil servant can institute his case relating to terms and conditions of service
in Service Tribunal, which is provided under constitution. This case if brought in civil Court shall be rejected being not
proper forum and for which special Court has been constituted.

Examples: An old man institutes a case for his maintenance against his children in the Court of Civil Judge. Despite
material facts may be proved but since the remedy is not available under law so plaint shall be dismissed.

A works in and factory. A dispute arises with him. He invokes in the Court of Civil Judge. Plaint shall be rejected on the
ground of master and servant relationship for which civil Court is not competent to proceed the suit. This suit can be
tried in Labour Court, which is special Court to dispose of such types of suits.

Restoration of suit (î¿f´¿ Ø»BZI): Suit once returned can be got restored on production of sufficient cause. Accident or
reasonable delay in appearance is the sufficient causes, which can be produced for the reopening of the suit. Proper
justification restores the suit.

Sues upon (PAlÍËBNmeej¯): Where a plaintiff sues upon a document in his possession or power, he shall produce it in
Court when the plaint is presented. It includes bond, receipt, if any, legal notice etc. It is private document.

Relied upon (iBvZÃA ej¯): Where plaintiff relies upon a document whether it is in possession or not, as evidence in
support of his claim, he shall enter it in a list and the list should be attached to the plaint for presentation to the Court.
It includes payment in LDA after receipt, shares in business, map or plan of building, payment of debt, partnership
deed, or utilization of funds after receipt etc. It is public document.

These documents are required in photocopy and original one must be produced at the time of evidence. Early
production of original documents may harm in term of lost in Court. You cannot produce evidence until you comply
with Order 7, Rule 14.

These documents should be entered in the list of reliance, because they may not be in possession or power of the
plaintiff. Documents shall not be accepted in evidence except with the leave of Court. Bona-fide mistake is admissible
in Court. If document discovers later, can be produced as evidence with the leave of Court.
A document which ought (should) to be produced in Court with the plaint or entered in the list of reliance shall not
be received in evidence on his behalf at the hearing of the suit. However if the Court permits and grants leave to
produce that document at a later stage, then the party can lead evidence.

Possible defenses: Order 6, Rule 4 deals with such provisions. Defendant always tries to deny the truth of the plaint.
In the beginning of the written statement he tries to mention such preliminary objections (ÙAfNIA PAih§) such as:---

1. Personal such as minority, insolvency, bankruptcy, lunacy etc.

2. Fraud, misrepresentation, mistake of fact, coercion, and undue influence.

3. Legal such as limitation, want (absence or lack) of jurisdiction, subject matter, parties, alien enemy, non-residential
foreign national.

4. Want (absence or lack) of cause of action.

5. Denial of territorial jurisdiction.

6. Denial of pecuniary jurisdiction.

7. Objection on Court fee.

He states further that this Court has not jurisdiction thus plaint is not liable to proceed further (šè O¯i s΂ ½IB³Bà ›Ì§e
AhÈ» šè îà O§BÀm iBÎNaA Ì· AhÇ O»Af§) or suit is barred by time (šè eB¨ÎÀ»AfÖAk ›Ì§e) or plaint is deficiently stamped
thus liable to reject (šè eAejNmA ½IB³ „¿B‘qA ÓÀ· îUÌI ›Ì§e). After putting preliminary objections, he puts reply of the
plaint on merit. Preliminary objections come under Order 7, Rule 11.

For rent matter, one appeal lie for residential rental premises in the Court of District Judge. But as far as a commercial
rental premise is concerned, second appeal in High Court is permitted.

Fraud: On April 15, 2000, the plaintiff represented to the defendant verbally/orally that he owned a corner plot in the
government sanctioned scheme X and that it was free from all encumbrances and that defendant will earn great profit
to purchase it from the plaintiff at a reasonable price. But actually the plaintiff was not the exclusive owner and there
already was an agreement to sell executed in favour of Rana who had filed a civil suit for specific performance. The
plaintiff had thus fraudulently induced the defendant to purchase the said plot. Therefore the plaintiff is not entitled
to receive the balance sale price because his fraud vitiated the transaction. It is general rule that every fraud would
vitiate the transaction as provided in Contract Act.

Majority: That the defendant was born on October 15, 1985, and was a minor at the time when the alleged contract
was executed on March 31, 1999. Therefore, the alleged contract is not enforceable against defendant at law. This
must be taken into consideration that minor can receive but cannot give.

Mistake: That the instrument mentioned in paragraph (type the paragraph’s number) of the plaint was prepared by
the plaintiff’s advocate who had been employed to draft a document necessary to carry out the contract in question.
That the said document prepared by the plaintiff’s advocate was signed by the defendant in the belief that it faithfully
carried out the said contract but fortunately the said document was so designed that it failed to carry out the contract
between the parties in the following respects.

ÓÃAÌÍe îñIBy1-Êf§B³-13i”iE KnY

Êej· s΂ PAlÍËBNme Omjȯ
KYBu WU LBÄU ÓÃAÌÍe O»Af¨I
îμ§ B§f¿ ÂBÄI Ó§f¿
Ô̧e
 Bη ½uBY Á¸Y Bη OJnà ӷ PalÍËBNme
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BÎŒ j‚ šè ÌÇ ÙÌ· jŒA
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·
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Undue influence: Plaintiff was officer and was interested in the acquisition of property belonging to defendant his
subordinate. Plaintiff acquired such property by making commitment that defendant shall be promoted. Plaintiff paid
little amount to purchase land but now it is discovered that he is remain unable to promote or recommend promotion
of the defendant. Therefore sale deed be cancelled on the ground of undue influence used by plaintiff.

Set off: It is adjustment of claims of both of the parties. It minimizes of the multiplicity of litigation. If defendant has
also claim against plaintiff, he shall be deemed plaintiff upto the extent of his claim and is responsible to put requisite
stamps on suit accordingly. It is not counter claim legally. It is treated as plea of defence.

A defendant can claim set off subject to the following conditions:---

1. Set off can be claimed only in a suit for recovery of money. It means where suit is instituted for the claim other
than money is not liable to set off. Transfer of Property or possession suits is not subject of set off.

2. Claim of defendant must be legally recoverable. Time barred claim lacks locus standai thus it renders defective.

3. Payment of Court fees upto the extent of claim in plea.

4. In case of claim is set aside, defendant is permitted to submit written statement.

Application (not plaint) for ejectment or eviction: Subjects of this application are landlord who lent out his property
and tenant in whose favour property is lent out. There are certain grounds on which this case is instituted. Some of
them are on the part of landlord and rest on the part of tenant. Personal use, without consent alteration, unauthorized
sublet, commission of default in payment of rent agreed, changes of structure, or damage to property.

Grounds on the part of tenant can be quoted as fair rent, landlord being not real owner, sale of property etc.

This matter is not subject of police. This purely civil matter in nature and liable to proceed with Rent Controller. It
should be kept in mind that Rent Controller is not a Court and the person presiding is not supposed Judge thus matter
is not a suit.

Parties in civil suit are plaintiff and defendant, in criminal case accused and victim, and in rent case applicant and
respondent.

Law applicable: The law applicable in the matters of rent is the “Urban Rent Restriction Ordinance, 1959”. It was
promulgated during the regime of Field Marshal Ayub Khan, the then President of the Islamic Republic of Pakistan.
While in dispute of the rent or litigation, rent is submitted in Court on the behalf of landlord, which finally paid upon
judgement. If Court finally ejects the tenant from property, rent deposited is given to landlord and in the inverse
situation vice versa.

Here is specimen of application for the ejectment or eviction of tenant.

In the Court of Senior Civil Judge (with the power of Rent Controller), Lahore

Rana Nadir Pervaiz S/o.

Muhammad Ali S/o. Nazir Ali,
Ghulam Muhammad, resident
resident of 5 – Shadman
of 6 – Shadman
Colony, Lahore
Versus ÂBÄI Colony, Lahore
(The Applicant)
(The Respondent)
iAhŒ OmAÌaie BÍ ½ÖBm
iAhŒ LAÌU BÍ ¾Ì×n¿

Application: for ejectment or eviction

Respectfully Sheweth:---

1. That on January 01, 2001, the applicant rented out premises being number 6 – Shadman Colony, Lahore, a pacca
built house, measuring into 1 Kanal, comprising/consisting of 3 bed rooms, TV lounge, with all the fixtures and
accessories with a lawn in lieu of Rs. 5,000/- as monthly rental amount of the premises/property in question
payable on the 5th of each amusing month in advance. A copy of the Rent Agreement/Lease Agreement/Rent Note
is attached/enclosed.

2. That the respondent continued to make the payment of the monthly rent till September 2001, but later on
committed default in the payment of the fixed rent thus contravening the Rent Note. The respondent has
damaged the property as well by making major alternation without the consent of the applicant. Moreover the
property in question is also required by the applicant for the personal use as residence of his son who has been
very recently married and the present accommodation does not satisfy the needs of the family.

3. That the respondent above named is constant source of torture for the applicant’s family who is just living in the
adjacent/conterminous house.

4. That the applicant has been left with no remedy except to file present petition for ejectment of the
respondent/tenant, thus the present case before this Hon’able Court. Notice for vacation of the house was sent
on August 15, 2001, by registered mail receipt of which is attached/enclosed.

5. That the Cause of Action accrued on September 05, 2001, when respondent committed default in the payment of
rent in the regular course and also infringed the mutually agreed terms and conditions of the Rent Note. The Cause
of Action is subsisting throughout this period.

6. That the property is situated in Lahore. The parties also reside in Lahore and the Rent Note between the parties
was also executed at Lahore, therefore, this Hon’able Court of learned Rent Controller has jurisdiction to
proceed/entertain present petition.

7. That value of the petition for the purpose of Court fee is Rs. 200/-, on which requisite Court fee of Rs. 15/- has been
paid.

Prayer: Under the circumstances it is therefore respectfully prayed that order of ejectment may kindly be issued
in favour of applicant against respondent with cost.

Verification ………………………………………………………
 Applicant
through
Sardar Shahbaz Khan
Advocate
Applicant Turner Road, Lahore

In the Court of Senior Civil Judge (with the power of Rent Controller), Lahore

Muhammad Ali S/o. Nazir Ali, Rana Nadir Pervaiz S/o.

resident of 5 – Shadman Ghulam Muhammad, resident
Colony, Lahore Versus ÂBÄI of 6 – Shadman
(The Applicant) Colony, Lahore
iAhŒ OmAÌaie BÍ ½ÖBm (The Respondent) iAhŒ LAÌU

Reply: for ejectment or eviction

Respectfully Sheweth (submits):---

1. The contents of paragraph 1 of the application are admitted to be true (or mere admitted).

2. The contents of paragraph 2 are vehemently denied.

The respondent never committed default in the payment of monthly rental amount. The respondent offered the
rent for the month of October 2001 to the applicant but he was hesitant to receive the payments, which
constrained the respondent to send rental amounts to the applicant through money orders but the same were
returned. The postal receipts of money orders are attached.

So far as the allegation of damaging the property in question and required of for personal use is concerned, the
same has been built evasively (false, misleading, deceitful) and has not reality.

3. The allegation of torture is evasive/elusive. The respondent is Grade 18 Officer working as Income Tax Officer
at Lahore.

4. No grievance has been accrued in favour of the applicant against the answering respondent. The fact of the matter
is that applicant is intending to rent out the house in question after vacating/fetch of the same to some one else
to higher rent.

5. No cause of action has arisen/accrued to the applicant against the respondent.

6. Legal.

7. Legal.

Prayer: Under the circumstances it is therefore respectfully prayed that the application filed by the applicant for
the eviction of the respondent may kindly be dismissed with costs.

Verification ………………………………………………………

Respondent
through
Aga Gul Hameed
Advocate
Respondent Fane Road, Lahore
 In the Court of Senior Civil Judge, Lahore

Ticket

Jan Muhammad Malik S/o. Qazi Wajid S/o. Auyb Khoso,

Jamsheed Zafar, resident of resident of 9 – Shadman
Versus ÂBÄI
18 – Shadman Colony, Lahore Colony, Lahore
(The Plaintiff) Ó§f¿ (The Defendant) îμ§ B§f¿

Suit: For Specific Performance of the Agreement

Respectfully Sheweth:---

1. That the Plaintiff and the Defendant entered into an agreement mutually wherein the Defendant agreed to
transact the sale bargain of his property number 45 – Shadman Colony, Lahore, owned and possessed by him, the
detail of which is given hereunder:---

a) South: House owned by Ms. Sana Begum (Advocate).

b) East: Clinic owned by Dr. Reema Shan (Government Servant).
c) West: House owned by Madam Fareeha Pervaiz (Mill Owner).
d) North: A thoroughfare.

A copy of the agreement for sale of the house in question is attached.

2. That as per terms and conditions of the aforementioned agreement the total sale price of the house in question
was fixed at Rs. 1,000,000/- (Rupees one million only) out of which a sum of Rs. 100,000/- (Rupees one hundred
thousand only) was received by the Defendant as earnest money from the Plaintiff, a receipt of which is attached.
According to the agreement the Defendant was bound to accept and receive the balance amount of Rs. 900,000/-
(Rupees nine hundred thousand only) from the Plaintiff and to execute a sale deed duly registered in favour of
the Plaintiff on the target date, i.e., November 01, 2001, which was written in the agreement before the Sub-
Registrar, Lahore.

3. That the Defendant failed to perform his part of the contract to execute a registered sale deed in favour of the
Plaintiff by accepting the balance payment of the total consideration money by the Plaintiff despite many requests
made in that behalf, but the Defendant miserably failed to do so whereas the Plaintiff is ready and willing to
perform his part of contract.

4. That a copy of the registered notice dated November 01, 2002, requesting the Defendant to deliver the possession
of the house in question after payment of the full price from the Plaintiff and execute a registered instrument.

5. That the Plaintiff has been left with no remedy except to institute the present suit against the Defendant.

6. That the cause of action accrued in favour of the Plaintiff against the Defendant firstly on November 01, 2001,
when the agreement to sell was struck between the parties and secondly on December 01, 2001, when the
Defendant failed to execute a registered sale deed on the basis of the said agreement and to deliver the vacant
possession of the demised property.

7. That the disputed property is situated at Lahore, the parties also reside at Lahore and the agreement to sell was
executed at Lahore, therefore, this Honorable Court has got the Jurisdiction to entertain and proceed this suit.
8. That the value of the suit for the purpose of Court Fee and Jurisdiction has been fixed at Rs. 1,000,000/- (Rupees
one million only) on which the maximum Court Fee worth Rs. 15,000/- (Rupees fifteen thousand only) has been
paid.

It is, therefore, respectfully prayed that a decree for possession through specific performance of the house, the
description of which is detailed above may kindly be passed in favour of the Plaintiff against the Defendant with the
payment of Rs. 900,000/- (Rupees nine hundred thousand only) payable as such by the Plaintiff in full and final
satisfaction of the sale price with cost.

Plaintiff
through
Mustafa Qureshi
Advocate
Wahdat Road, Lahore

Verification: Verified at Lahore today the 8th day of January 2002, that the contents of Paragraphs 1 to 5 are correct
and true in the best of my knowledge and the remaining Paragraphs from 6 to 8 are believed by me to be true and
correct.

Plaintiff’s Signature

(Parties names and original venue omitted)

SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF KHULA

Respectfully Sheweth:---

1. That the addresses of the parties have been adequately set out in the heading of the plaint and are sufficient for
the purpose of any processes to be issued by this honour-able Court from time to time.

2. That the plaintiff was wedded to the defendant in accordance with the tenets of Islam on April 24, 1998, in
presence of two witnesses and in consideration of dower amounting to Rs. 40,000/- as per Nikah Nama which is
still recoverable from the defendant. After the said marriage was solemnized the plaintiff went to defendant
house Ghazi Abad, Multan to live with him over there to perform her conjugal rights.

3. That out of this wedlock one kid namely Babar Ali was born on September 13, 1998, and is residing with the
plaintiff.

4. That soon after the marriage the attitude of the defendant and his family members were turned hostile, rude,
insulting, and inhuman towards the plaintiff and by their cruel behavior they become habitual of insulting her
parents and other relations besides inflicting regular mental torture on the plaintiff which made her life
miserable and let creation of hated and aversion between the two spouses. Nevertheless, plaintiff always
extended full cooperation, all submissiveness and fidelity not only to the defendant but also his family members.
Plaintiff never derelicted from discharging her matrimonial responsibilities and obligations but there has been
no positive change in the behavior and attitude of the defendant and his family members.

5. That after a few weeks of the marriage, the situation went bad to worst on very trivial and petty matters of
domestic life his family started humiliating the plaintiff and at the number of times, she was subjected to physical
torture. The life of the plaintiff virtually made miserable and deplorable. The plaintiff never agitated lively against
this grisly and gruesome conduct of the family members of the defendant.

6. That on February 28, 1999, when the plaintiff was expecting a child, the defendant left the plaintiff to her
parent’s house in Islamabad and did not come back just to avoid the expenditure of the delivery of child and he
 never sent her any kind of maintenance allowance or other expenditures and after the birth of a child neither
the defendant asked the plaintiff to go with him nor he tried to reconcile with the plaintiff.

7. That since that time, the plaintiff was constrained to live in her parents’ house throughout but the defendant or
his family members have not made any sort of effort for reconciliation of the matter.

8. That after passage of some reasonable time, the elders of the plaintiff’s family sat together and made an effort
for reconciliation between the parties.

9. That the defendant has also badly failed and neglected to provide for the maintenance and to perform his
marital obligations for the period stated herein above.

10. That the adamant (firm) and cruel behavior of the defendant has created hatred between the parties and it is no
longer possible to continue this hateful union.

11. That the cause of action firstly accrued on the day when the defendant left the plaintiff to her parent’s house
where she is still living and subsequently few days ago when the defendant refused to announce her divorce.

12. That the cause of action accrued within the territorial jurisdiction of this honour-able Court and the plaintiff is
residing with her parents in Islamabad, as such, this honour-able Court has jurisdiction to adjudicate upon the
matter.

13. That for the purpose of Court fee and jurisdiction, it is fixed at Rs. 200/- and the requisite Court fee amounting to
Rs. 15/- has been affixed thereon.

Under the circumstances, it is, therefore, very humbly and respectfully prayed that this honour-able Court may
graciously be pleased to pass a decree of dissolution of marriage on the basis of Khula in favour of the plaintiff against
the defendant. Any other relief, which this honour-able Court may deem just and proper including the cost throughout,
may also be awarded.

Plaintiff
Through
Abdur Rehman Siddiqui
Advocate High Court

Miss Shireen Saeed

Advocate High Court

Miss Afsheen Manzoor Awan

Advocate High Court
5, Turner Road, Lahore

Verification: It is verified on oath at Islamabad on this 2nd day of June, 2001, that the contents of paragraph numbers
1 to 9 are true and correct to the best of my knowledge and belief and the rest of the paragraphs are true to the
information received by me.

Plaintiff

In the Court of Senior Civil Judge with powers of Judge Family Court, Lahore

1. Mst. Faiza Khan D/o. Adbul Rehim, Caste Rajput, resident of 13 – Bund Road, Lahore.
 2. Imran Khan S/o. Sattar Khan, Caste Rajput, resident of 98 – Bund Road, Lahore.

Minor through Mst. Faiza Khan, Plaintiff No. 1 as next friend (Plaintiffs)

Versus

Sattar Khan S/o. Muhammad Ahmad, Caste Rajput, resident of 40 – Jail

Road, Lahore. (Defendant)

Suit for the recovery of Maintenance Allowance

Respectfully Sheweth:---

1. That plaintiff no. 1 was married to the defendant at Lahore on March 07, 1996, in accordance with Muslim Rites.
The marriage was duly registered under the Muslim Family Laws Ordinance, 1961. Out of this wedlock plaintiff
no. 2 was born on June 07, 1997.

2. That plaintiff no. 2 is a minor and is suing through plaintiff no. 1 who is his real mother and has got no adverse
interest against the minor plaintiff.

3. That some time after the marriage, the relation between the parties became strained. However, plaintiff no. 1
tolerated obnoxious (offensive) treatment meted out to plaintiff no. 1 at the hands of the defendant, so that
their family life may have smooth sailing. The defendant did not care for that and continued his obnoxious
treatment towards the plaintiff and eventually turned out the plaintiff from his house where after the plaintiff
has been living with the parents of plaintiff no. 1.

4. That the defendant has completely neglected plaintiffs and has completely failed to pay any maintenance
allowance to them.

The defendant has no other liability except the liability of maintaining the plaintiffs. The defendant is an Engineer
and his presently working as an executive engineer in the Irrigation Department of the Government of the
Punjab and he is drawing salary Rs. 25,000/- per month.

5. That plaintiff no. 1 is M. A. English and belongs to respectable family of Lahore enjoying very high social status.
She claims a sum of Rs. 10,000/- per month as her maintenance allowance. Plaintiff no. 2 claims a sum of Rs.
5,000/- per month as his maintenance allowance.

6. That the defendant was requested to pay the maintenance allowance to the plaintiff at the aforesaid rates but
he was flatly refused to pay the same. Hence this suit.

7. That the cause of action arose in favour of the plaintiff against the defendant as this refusal to pay the
maintenance to the plaintiffs.

8. That the parties reside at Lahore therefore, the family Court at Lahore have jurisdiction to try the present suit.

9. That the prescribed Court fee of Rs. 15/- has been paid.

It is, therefore, most respectfully prayed that a decree for the past as well as future maintenance at the aforesaid rate
may kindly be passed in favour of the plaintiffs against the defendant with cost.

Plaintiff
Through
Counsel
Verification: Verified on oath at Lahore on this 1st day of February 1999, that the contents of paragraphs no. 1 to 6 of
the plaint are true to the best of my knowledge and those of paragraph no. 7 to 9 are believed to be correct on
information received therefrom.

Plaintiff

In the Court of Senior Civil Judge with powers of Judge Family Court, Lahore

1. Mst. Faiza Khan D/o. Adbul Rehim, Caste Rajput, resident of 53 – Bund Road, Lahore.

2. Imran Khan S/o. Sattar Khan, Caste Rajput, resident of 91 – Bund Road, Lahore.

Minor through Mst. Faiza Khan, Plaintiff No. 1 as next friend (Plaintiff)

Versus

Sattar Khan S/o. Muhammad Ahmed, Caste Rajput, resident of 40 – Jail Road,
Lahore. (Defendant)

Suit for the recovery of Maintenance Allowance

(Written Statement on the behalf of the Defendant)

Respectfully Sheweth:---

1. The paragraph no. 1 of the plaint is admitted.

2. The paragraph no. 2 is admitted.

3. The paragraph no. 3 is incorrect hence it is denied. It is specially denied that the defendant expelled the plaintiff
from his house. In fact, plaintiff no. 1 left the house of the defendant to attend the marriage of her cousin and
took alongwith her entire jewelry. She also took away the jewelry of the sister of the defendant. She however,
did not return despite all efforts on the part of the defendant to bring her back to his house.

4. The paragraph no. 4 is incorrect hence it is denied. In fact, the defendant has been regularly paying the
maintenance allowance to the plaintiffs and also giving them precious gifts despite the fact that plaintiff no. 1
remained absent and staying at the house of her parents without any just and lawful excuse. It is also denied
that the defendant is earning a salary of Rs. 25,000/- pre month. In fact, he is drawing a salary of Rs. 10,000/- per
month. The defendant has also to look after his old parents who are forlorn (solitary, alone).

5. The paragraph no. 5 is denied. As plaintiff no. 1 is living separately from the defendant, she therefore is not
entitled to any maintenance allowance. Needless to mention that defendant has been regularly paying
maintenance to the plaintiffs out of sheer good will.

There was absolutely no occasion for the plaintiff to demand for maintenance.

6. The paragraph no. 6 is denied. No cause of action has arisen to the plaintiffs against the defendant.

7. Legal. Needs no reply.

It is, therefore, most respectfully prayed that a decree for the rejection of plaint for maintenance kindly be passed in
favour of the defendant against the plaintiff with cost.

Defendant
Through
Counsel
Verification: Verified on oath at Lahore on this 1st day of March 1999 that the contents of paragraphs no. 1 to 5 of the
written statement are true to the best of my knowledge and those of paragraph no. 6 to 7 are believed to be correct
on information received therefrom.

Plaintiff

Petition under the Rent Restriction Ordinance

In the Court of Senior Civil Judge with powers of Rent Controller, Lahore

Hafiz Muhammad Hussain S/o. Ghulam Rasool, Caste Rajput, residence of Misri Shah, Lahore.
(Petitioner)
Versus

Nazir Ullah S/o. Abdullah Khan, Caste Sheikh, residence of House No. 4, Street No. 9, Akram Park, Lahore.
(Respondent)

Petition under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, for the ejectment of Respondent.

Respectfully Sheweth:---

The petitioner is the landlord of the House No. 4, Street No. 9, Akram Park, Lahore, and the respondent is the tenant
in the said house under the petitioner.

The Rent Note was executed between the parties on the March 07, 1997. The rate of rent is payable in advance by the
10th of each month in accordance with the term of a Rent Note.

The premises under tenancy is bounded as under:---

North ………………………………………… House of Miss Zara Sheikh

South ………………………………………… Office of Madam Saadia Imam

East ………………………………………… Munawar Veterinary Hospital

West ………………………………………….. Public Road

1. That the demised premise has been shown in the red color in the site plan attached with his petition.

2. That the respondent has failed to pay the monthly rent since November 1998, and assessed rent amounting to
Rs. 12,000/- is still outstanding against him, despite repeated request and demands made by the petitioners in
respect of either. As such, the respondent has become defaulter in the payment of rent and is liable to be
ejected.

3. That the petitioner require the demised premises for his personal bona-fide need as he was retired from
Government Service and he has been served with notice for the vacation for official residence. The petitioner
has no other property in the same urban area.

4. That the respondent was requested to pay the arrears of rent and also to vacate the demised premises but he
has flatly refused to do so. Hence this petition.

5. That the cause of action arose in favour of the petitioner against the respondent in November 1998, when the
respondent committed first default and it went on a subsequent default and lastly when he refused to vacate
the demised premises.
6. That the parties reside at Lahore, the demised premises are also situated at Lahore, therefore, the Rent
Controller, Lahore has jurisdiction to try the present petition.

7. That the prescribed Court fee of Rs. 15/- has been affixed on the petition.

It is, therefore, most respectfully prayed that an order for the ejectment of the respondent may kindly be passed in
favour of the petitioner against the respondent directing the respondent to hand-over vacant possession of the
demised premises to the petitioner and cost of this petition be also awarded to the petitioner.

Petitioner
Through
Counsel

Verification: Verified on oath at Lahore on this 10th day of February 1999 that the contents of paragraphs no. 1 to 4 of
the application are true to the best of my knowledge and those of paragraph no. 5 to 7 are believed to be correct on
information received therefrom.

Petitioner

Written Statement of Ejectment Petition

In the Court of Mr. Zeeshan Munawar Nizam, Rent Controller, Lahore

Hafiz Muhammad Hussain S/o. Ghulam Rasool, Caste Rajput, residence of Misri Shah, Lahore.
(Petitioner)
Versus

Nazir Ullah S/o. Abdullah Khan, Caste Sheikh, residence of House No. 4, Street No. 9, Akram Park, Lahore.
(Respondent)

Petition under section 13 of the Punjab Urban Rent Restriction Ordinance, 1959, for the ejectment of Respondent.
Reply on the behalf of Respondent

Respectfully Sheweth:---

1. Paragraph no. 1 of the petition is admitted.

2. Paragraph no. 2 of the petition is absolutely incorrect. Hence it is denied. In fact, the petitioner had made an
uncalled for demand for the increase of monthly rent from Rs. 4,000/- to Rs. 6,000/-, which was refused by the
respondent. Upon this, the petitioner got annoyed and he has made the present false petition against the
respondent. The respondent is not at all defaulter and has paid upto date rent to the petitioner who does not
issue receipt habitually.

3. Paragraph no. 3 of the petition is incorrect, hence it is denied and traversed (barrier, obstruction). In fact, the
present petition is mala-fide. The petitioner does not require the demised premises for his personal bona-
fide need. The petitioner has another residential building available in the same urban area, which is lying vacant
and is in possession of the petitioner and is quite suitable to his requirement.

4. Paragraph no. 4 of the petition is incorrect. Hence it is denied as stated. There was absolutely no occasion for
the petitioner to make any such demand as no thing was due from the respondent to the petitioner on account
of monthly rent, nor did the petitioner require the premises under tenancy for his bona-fide personal need.

5. Paragraph no 5 is incorrect, hence it is denied. No cause of action arisen to the petitioner against the respondent.

6. Legal and needs no reply.

7. Legal and needs no reply.

It is, therefore, most respectfully prayed that the petition under reply may kindly be dismissed with cost.

Respondent
Through
Counsel

Verification: Verified on Oath at Lahore on this 12th day of February 1999 that the contents of paragraph no. 1 to 4 are
true to the best of my knowledge and those of paragraph no. 5 to 7 are believed to be correct based on information
received therefrom.

Respondent

In the Court of Senior Civil Judge, Lahore

Mirza Aftab Virk S/o. Muhammad Rizwan, Caste Cheema, resident of 18 – Model Town, Lahore.
(Plaintiff)
Versus

1. Abdul Shakoor S/o. Abdullah Khan, Caste Sheikh, residence of House No. 14, Street No. 19, Akram Park, Lahore
(buyer).

2. Jamal Abbasi S/o. Qadir Buksh, Caste Memon, resident of 13 – Shadab Colony, Lahore (seller).
(Defendants)

Suit for possession of the agricultural land through pre-emption.

Respectfully Sheweth:---

1. That the defendant no. 2 transacted the sale bargain of agricultural land belonging to him measuring into 10 Acres,
5 Kanals, and 20 Sarsai, bearing Khasra no. 581, 583, 851, and 852, Khatooni no. 23, Kheevat no. 9, and Jamabandi
of the year 1994 to 1998, situated in the Revenue Estate of Village Sultanpura, Tehsil and District Lahore, through
a duly registered and sale deed dated January 01, 2001, in consideration of the total sum of Rs. 500,000/- as value
of the demised property but in order to defeat the right of pre-emption of the plaintiff, a fake price of Rs. 600,000/-
was fixed as value of the land. A copy of the registered sale deed entered into between the defendant no. 1 & 2 is
attached.

2. That the plaintiff has superior right of pre-emption as compared to the defendant no. 1 being a real cousin of the
defendant no. 1 and also a Pattidar being of owner of land adjacent to the area of land in dispute.

3. That on knowledge of the sale bargain between the defendant no. 1 and defendant no. 2 the plaintiff issued
registered notice dated January 20, 2001, regarding the defendant no. 2 to accept the actual sale price and to
deliver the possession of the land in question to the plaintiff. A copy of the registered notice and the postal
registered receipt is enclosed.

4. That the plaintiff has fulfilled all the requirements of Talab and the sale under the Punjab Pre-emption Act, 1990.
The plaintiff, therefore, has a prima facie a favour-able right of pre-emption in his favour thus the present suit for
possession through pre-emption.

5. That the cause of action has arisen in favour of plaintiff against the defendants firstly on January 01, 2001, the date
of registration between defendant no. 1 and 2, secondly a few days before since January 20, 2001, when in reply
to which the plaintiff did receive no reply.
6. That the property in dispute is situated within the precincts (region, ward, or area) of the Lahore district,
therefore, this honour-able Court has got the jurisdiction to try this suit.

In the Court of Senior Civil Judge, Malik Allah Yar Khan, Sheikhupura

Mst. Razia Bibi D/o. Habib Ahmad

Plaintiff
Caste Virk, resident of 9 – Civil Lines,
(Tenant)
Sheikhupura.
Versus
Mst. Safia D/o. Muhammad Luqman, Caste
Defendant
Gujjar, resident of 10 – A, Civil Lines,
(Landlady)
Sheikhupura.

Suit for permanent/perpetual injunction (Ó¿AËe Á¸Y)

Respectfully Sheweth:---

1. That the plaintiff above named was inducted as a tenant in the premises 9 – Civil Lines, Sheikhupura, owned and
possessed by the defendant through a mutually executed Rent Note with a monthly rental value of Rs. 5,000/-
(Rupees five thousand only) on 1st day of January, 2001. A copy of the Rent Note is attached.

2. That the plaintiff continued to live peacefully and without any complaint of the terms and conditions of the Rent
Note in the regular and usual course. (The plaintiff is continued to enjoy the premises in question peacefully and
according to law and without any loss or injury).

3. That the defendant in order to satisfy her ulterior (hidden, undisclosed, concealed) purpose to lease out premises
in question to someone else to fetch (to obtain) better rent requested the plaintiff to vacate the premises in
question as early as possible. On refusal of plaintiff the defendant above named started harassing and torturing
the plaintiff by one way or the other. Very recently the defendant has tried in order to shackle the movements of
the plaintiff and other family members to narrow down the passage for entry of the car by erecting a wall thus
closing down the main gate and leaving only a passage of five feet for entry meant only for the member of the
family.

4. That the plaintiff has got no remedy except to institute the present suit for permanent injunction restraining the
defendant from disturbing the peaceful use and occupation of the premises in question.

5. That cause of action arose/accrued in favour of plaintiff against defendant only a few days before when she
repeated her illegal demand to vacate the premises in question.

6. That the property in dispute is situated at Sheikhupura and parties reside at Sheikhupura, therefore, this Honour-
able Court has got the jurisdiction to entertain and try this suit.

7. That value of subject matter for the purpose of Court fee and jurisdiction is fixed (ad voleram – according to the
value) at Rs. 200/- on which a Court fee of Rs. 15/- has been paid.

It is, therefore, respectfully prayed that a decree for permanent injunction to restrain the defendant from creating any
sort of disturbance in the faithful and lawful manner may kindly be passed in favour of the plaintiff against defendant.

Plaintiff
through
Nizam-ud-Deen Toosi
Advocate
Plaintiff Shadman Road, Lahore
Verification: Verified on oath today the 25th day of January 2002 at Lahore. The contents of paragraphs from 1 to 4 are
correct to the best of my knowledge and remaining paragraphs from 5 to 7 are believed by me to be true and correct.

Plaintiff

In the Court of Senior Civil Judge, Malik Allah Yar Khan, Sheikhupura

Mst. Razia Bibi D/o. Habib Ahmad

Plaintiff
Caste Virk, resident of 9 – Civil Lines,
(Tenant)
Sheikhupura.
Versus
Mst. Safia D/o. Muhammad Luqman, Caste
Defendant
Gujjar, resident of 10 – A, Civil Lines,
(Landlady)
Sheikhupura.

Suit for permanent/perpetual injunction (Ó¿AËe Á¸Y)

Written Statement on the behalf of defendant

Respectfully Sheweth:---

Preliminary Objections:---

1. The suit is not maintainable in its present form before this Honour-able Court for the reason the plaintiff has not
come with clean hands.

2. The defendant has already filed an ejectment/eviction petition against the plaintiff, which is pending in the
competent Court of Rent Controller, Sheikhupura, with respect to the same property, therefore, this Honour-able
Court has not jurisdiction to entertain and to try the suit.

On facts:---

1. The contents of paragraph number 1 are admitted to be corrected.

2. The contents of paragraph number 2 of the plaint are true to the best of my knowledge and to the plaintiff. In this
regard, answering defendant has to submit that the plaintiff/tenant has sub-let the premises in question without
the consents of the defendant thus this contravening the terms and conditions of the Rent Note.

3. The contents of paragraph number 3 are vehemently denied. Actually, so far as the erection of wall which resulted
into the closure of the main gate thus shortening it was done at the request of the plaintiff himself made to the
defendant which fact is further strengthened an account of the sale of the car during the intervening period.

4. The plaintiff has no case or remedy available to him under any law and the answering defendant has adopted the
appropriate remedy before the competent Court of the Rent Controller where the dispute is sub-judiced.

5. No cause of action has arisen/accrued in favour of the plaintiff against the defendant.

6. Legal.

Under the circumstances, it is therefore, respectfully prayed that the suit for permanent injunction filed by the plaintiff
against the defendant may please be dismissed with cost. The special costs under S. 35 – A of Code of Civil Procedure
may also awarded in favour of answering defendant against plaintiff.

In the Court of Senior Civil Judge, Ch. Fazl-e-Abbas, Lahore

 Chaudhary Allah Rakha S/o. Chaudhary Allah
Nawaz, Caste Janjua, resident of 15 – D, Plaintiff
Model Town, Lahore.
Versus
Sheikh Rab Nawaz S/o. Sheikh Khuda
Bakhsh, Caste Kamboh, 10 – N, Garden Town, Defendant
Lahore.

Suit for damages for malicious prosecution

Respectfully Sheweth:---

1. That the plaintiff is a respectable citizen and at the present serving as a Section Officer in Grade 18 in the Irrigation
Department, Government of Punjab.

The plaintiff joined the Provincial Civil Service in 1990 through a competitive examination held by the Punjab Public
Service Commission, Lahore.

2. That the defendant above named belongs initially to the native village of the plaintiff and in connection with a sale
bargain of the agricultural land owned and possessed by the plaintiff, the defendant during the sale bargain
requested the plaintiff to sell the property to the defendant but plaintiff sold out the landed property to one of
his near relative and out of which the defendant harbored a grudge/prejudice/rancor against the plaintiff.

3. That in order to satisfy his malicious designs the defendant above named filed a false and baseless criminal
complaint u/s 506 of Pakistan Penal Code in the Court of learned Magistrate, First Class, Lahore.

4. That the Court summoned plaintiff from where he was bailed out. The proceedings in the Court continued till
December 02, 2001, when the said learned Court acquitted the plaintiff. A copy of the judgement dated December
02, 2001 is attached.

5. That in view of the malicious, mala-fide, and illegal act of the defendant, the plaintiff has suffered a
pecuniary/money loss to the tune of Rs. 200,000/-, the detail for which is given hereunder:---

1. Mental torture and loss of reputation 100,000

2. Expenses incurred as such to pursue the case 50,000
3. Transportation and entertainment 50,000
Grand Total: 200,000

6. That the plaintiff has the right to claim a total amount of Rs. 200,000/-, from the defendant in lieu of the false,
illegal, and immoral act of the defendant above named.

7. That the plaintiff sent a registered notice to defendant requiring of him to make the payment of Rs. 200,000/- as
damages but the defendant failed to do so.

8. That the cause of action arose/accrued in favour of plaintiff against defendant on December 02, 2001, when the
plaintiff was acquitted by the Court of criminal jurisdiction.

9. That the parties reside at Lahore, therefore, this Honour-able Court has got the jurisdiction to entertain and try
the suit.

10. That value of subject matter for the purpose of Court fee and jurisdiction is fixed at Rs. 200,000/- on which a Court
fee of Rs. 15,000/- has been paid.
Under the circumstances it is, therefore, respectfully prayed that a decree for the payment of Rs. 200,000/- as
damages for malicious prosecution with interest at the rate of 10% per annum from the date of the suit till its realization
may kindly be passed in favour of plaintiff against defendant with cost.

Plaintiff
through
Malik Jan Muhammad Abbasi
Advocate
Plaintiff Fane Road, Lahore

Verification: Verified on oath today the 2nd day of February 2002 at Lahore. The contents of paragraphs from 1 to 7 are
correct to the best of my knowledge and remaining paragraphs from 8 to 10 are believed by me to be true and correct.

Plaintiff

In the Court of Senior Civil Judge, Rana Waseem Shazib, Quetta

Rana Aftab S/o. Munshi Abbas, Caste Malik,

Plaintiff
resident of 15 Satellite Town, Quetta.
Versus
Waqas Anwar Ghumman S/o. Murtaza Khan
Defendant
Ghumman, Caste Jatt, 14 – Gulberg, Quetta.

Suit: For redemption of mortgage property

Respectfully Sheweth:---

1. That the plaintiff/mortgagor above named executed a simple mortgage deed in favour of the
defendant/mortgagee as security in lieu of a sum of Rs. 200,000/-(Rupees two hundred thousand only) taken as
loan from the defendant/mortgagee dated 1st day January, 2001 in respect of the property detailed as under:---

North: Thoroughfare.
South: Office of Miss Shazia Manzoor, Advocate.
West: Clinic of Dr. Vaneeza Ahmed.
East: District Headquarter Hospital.

a copy of the mortgage deed dated 1st day of January, 2001 is attached.

2. That the mortgage/debt money was payable after the expiry of one year as per the terms and conditions of the
mortgage deed.

3. That the plaintiff/mortgagor due to certain unavoidable circumstances could not make the payment of the
mortgage debt within the time, therefore, the plaintiff/mortgagor requested the defendant/mortgagee to accept
the total amount of the mortgage debt amounting to Rs. 200,000/- alongwith the interest in the month of
February 2002, but he refused to accept the same and redeem the property to the pretext that after the expiry of
target date the mortgage deed shall be treated as sale in favour of the defendant/mortgagee.

4. That the pretext of the defendant/mortgagee not to receive the mortgage money and thus to refuse to redeem
the property is against all cannons of law and justice for the simple reason that no such terms and conditions
existed in the mortgage deed.

5. That the plaintiff/mortgagor sent a registered notice dated February 20, 2002, to defendant/mortgagee to receive
the mortgage debt, return the mortgage deed so that the property in question could be redeemed, but for no
purpose defendant/mortgagee refused. A copy of the registered notice, alongwith the postal receipt is attached.
6. That the plaintiff/mortgagor has been left with no remedy except to file the present suit against the defendant.

7. That the cause of action arose against the defendant/mortgagee on 1st day of February 2002, and secondly when
the defendant/mortgagee refused to receive the mortgage debt and to redeem the property.

8. That the parties reside at Quetta and the mortgage property is also situated at Quetta, therefore, this Honour-
able Court has got the jurisdiction to entertain and try the suit.

9. That value of subject matter for the purpose of Court fee and jurisdiction is fixed (ad voleram – according to the
value) at Rs. 200,000/- on which a Court fee of Rs. 15,000/- has been paid.

Under the circumstances it is, therefore, respectfully prayed that a decree for the redemption of mortgage property,
the detail of which is given above, may kindly be passed in favour of plaintiff/mortgagor against defendant/mortgagee
with the payment of Rs. 200,000/- alongwith interest payable to the defendant/mortgagee as such.

Plaintiff
through
Gul Sheer Khan
Advocate
Plaintiff Mosque Road, Quetta

Verification: Verified on oath today the 2nd day of February 2002 at Quetta. The contents of paragraphs from 1 to 6 are
correct to the best of my knowledge and remaining paragraphs from 7 to 9 are believed by me to be true and correct.

Plaintiff

In the Court of Senior Civil Judge, Rana Munawar Ali Zeeshan, Karachi

Muhammad Sarosh Jaweed Butt S/o.

Muhammad Akram, Caste Kashmiri, resident
of 45 – B, Johar Town, Karachi. Plaintiff
Versus
Muhammad Aslam Saqi S/o. Mian Solat Raza,
Caste Buttar, 55 – North Nazim Abad,
Karachi. Defendant

Suit: for dissolution of partnership and rendition of accounts

Respectfully Sheweth:---

1. That the plaintiff and the defendant entered into a partnership business with the investment of a total sum of
rupees to the tune of one million as capital of the partnership firm borne out by the respective partners in equal
shares in connection with the business of imports and exports of the textile machinery and equipment under the
name of “Zeeshan Brothers” having its Head Office at 71 – Jail Road, Karachi. A copy of the partnership deed is
enclosed.

2. That in accordance to the terms and conditions of the partnership deed executed between the parties. The
defendant was bound to maintain the records including the ledgers, invoices, receipts etc. and in that connection
to maintain properly all that records with due care and attention in the regular and usual course of business.
Whereas the defendant above named was made responsible to make all those purchases in connection with the
partnership business. It was also agreed upon between the partners that the plaintiff shall receive a sum of Rs.
5,000/- per month in lieu of the services rendered by him to maintain the records.
3. That two months before the plaintiff had to go abroad in connection with his medical treatment at a London based
hospital. On return of plaintiff it was a matter of grave concern for the plaintiff to see partnership business on
declined. On the plaintiff’s queries from the defendant, he could not give any proper explanation as to the vehicle
meant for the partnership business and other missing articles of furniture etc. Not only the defendant points
blankly but openly refuses to produce the records of the partnership business for the necessary examination and
inspection of the records.

4. That the plaintiff has been left with no remedy except to institute the present suit for the dissolution of
partnership agreement and rendition of accounts in this honour-able Court, hence the suit.

5. That the cause of action arose in favour of plaintiff against the defendant on few days before when he miserably
failed to render the accounts or give the proper accounts.

6. That the partnership business is carried out at 71 – Jail Road, Karachi, at its Head Office and that the parties also
reside at Karachi, therefore, this honour-able Court has got the jurisdiction to entertain and decide the suit/to try
the suit.

7. That value of subject matter for the purpose of Court fee and jurisdiction is fixed at Rs. 200/- tentatively on which
a requisite Court fee of Rs. 15/- has been paid and that the Court fee shall be made good at the time of the final
adjudication and decree passed by this honour-able Court.

Under the circumstances it is, therefore, respectfully prayed that a receiver may be appointed to take stocks of the
entire record of the partnership business, finalize the accounts and on the basis of that this honour-able Court may
kindly pass a decree in favour of plaintiff against the defendant for dissolution of partnership business and the rate-
able amount payable to the parties strictly in accordance with their shares and liabilities with costs.

Plaintiff
through
Mirza Kaleem Baig
Advocate
Plaintiff Sahi Road, Karachi

Verification: Verified on oath today the 28th day of February 2002 at Karachi. The contents of paragraphs from 1 to 4
are correct to the best of my knowledge and remaining paragraphs from 5 to 7 are believed by me to be true and
correct.

Plaintiff

In the Court of Senior Civil Judge, Multan

Muhammad Afzal Khan S/o. Noor Din, Caste Chattha, resident of House No. 5, Street No. 5, Gulgasht Colony, Multan.
(Plaintiff)

Versus

Muhammad Maqsood Khan S/o. Noor Din, Caste Chattha, resident of Block “B”, Haram Gate, Multan.
(Defendant)

Suit: For declaration and cancellation of registered deed of Hiba (gift) dated 03-01-2001 that the property in
question was never gifted away by the father of the plaintiff to the defendant and the same is void ab-
initio qua (in the capacity of, as) the rights of the plaintiff.

Respectfully Sheweth:---
1. That the plaintiff and the defendant are the real brothers of the deceased who died on 03-02-1999 leaving behind
plaintiff and the defendant as his sole heirs and survivors.

2. That the deceased of the follows of the parties owned and possessed agricultural land measuring into 12 acres
bearing Khasra Nos. 509, 510, and 514, Khatooni No. 9, Kheevat No. 10, situated in the revenue estate of Village
Sultan Pura, Tehsil Kabir Wala, District Multan. The said property was an ancestral property liable to be
apportioned to all the legal heirs by operation of law only after the death of the deceased father of the parties.

3. That the defendant by taking the fullest advantage of the father of the parties who had since become a feeble and
frail minded person due to his cinelity and was also suffering from forgetfulness/dementia got executed a
registered Hiba Nama (Gift Deed) of the property detailed above without the consents of the plaintiff in a
fraudulent and hidden (incomplete).

In the Court of Senior Civil Judge, Lahore

In re:

Asrar Alam S/o. Badruddin Jan versus Dabir Malik S/o. Ehsan Elahi and others

SUIT FOR DECLARATION, INJUNCTION, PARTITION, AND POSSESSION

Compromise under Order XXIII, Rule 3 of the Code of Civil Procedure

The parties to the above titled suit have reached a compromise on the following terms:---

1. The defendants have offered a sum of Rs. 6,000/- (Rupees six thousand only) and the library/law books alongwith
the wooden cupboards containing them belonging to Asrar Alam S/o. Badruddin in satisfaction of the plaintiff’s
claim contained in the suit.

2. The plaintiff accepts the aforementioned offer as full and final settlement of his claim set out in the plaint in the
above titled suit.

3. The plaintiff has received the said amount of Rs. 6,000/- (Rupees six thousand only) through a pay order no. AB
5629548, dated April 04, 2002, drawn on Habib Bank Limited, towards the full and final settlement of his claim in
the suit and the plaintiff shall not re-agitate the matter in the suit in any forum whatsoever.

4. The parties hereto shall bear their respective costs.

5. The parties to the suit pray that a decree be passed in terms of this compromise.

Plaintiff Defendants

Through

Ghazi Aminullah Khan Gardezi

In the Court of Senior Civil Judge, Lahore

Abdul Ghaffar S/o. Qadir Ali, Caste Bhutta, resident of House No. 13, Street No. 19, Misri Shah, Lahore
(Plaintiff “Legal Heir or Third Party neither Donor nor Donee”)

Versus
Muhammad Rashid S/o. Ghulam Nabi, Caste Gondal, resident of Block “C-II”, Township, Lahore.
(Defendant “Donee”)

Suit: For a declaration (µY iAj´NmA šÖAjI Ô̧e) that the gift deed dated March 11, 2001, is void ab initio, inoperative,
and ultra vires the plaintiff’s rights.

Respectfully Sheweth:---

1. That the father of the plaintiff named Ghulam Dastgeer Khan passed away on 09.07.2001, at the age of ninety (90)
years leaving behind the present plaintiff as his sole survivor/heir.

2. That the plaintiff is the sole heir to the property left by the above named deceased father to be inherited by him.
The deceased father owned agricultural land measuring into four kanals and seven marlas and a pacca built house
situated in the vicinity of Civil Lines, Sheikhupura, bearing House No. 29, Street No. 113, Ferozewala, Sheikhupura.

3. That after the death of the plaintiff’s deceased father, the plaintiff attended the office of Revenue authorities and
was surprised and shocked to know that the part of the said property regarding the agricultural land described
above stood transferred in favour of the defendant through a registered deed of bearing no. 97/95, dated
November 11, 2001, in the office of the Sub-Registrar, Sheikhupura, in the absence of the plaintiff and without his
knowledge.

4. That in fact the said alienation in favour of the defendant is based on fraud and through deceitful means at
the instance of defendant. It is submitted that the plaintiff’s deceased father due to his old age had lost the
balance of mind and was feeble minded. The plaintiff’s father died after a protracted (prolonged) illness during
the time he was suffering from dementia (forgetfulness, irrationality, lunacy) and during the last days of life he
was complete paroxysm (tremor). The medical receipts highlights the disease of the deceased father from the
concerned specialist in medicine, are attached.

5. That the defendant taking the full advantages of the deceased father’s old age and sickness got executed a
registered deed of gift in his favour on the bases of some pretence (dishonesty, fake) of the kind and got his
signatures affixed.

6. That the registered gift deed dated November 11, 2001, alleged to be executed in favour of defendant as such is
based upon fraud, misrepresentation, and procured through deceitful means, therefore, having no legal or lawful
force qua the plaintiff’s vested right of inheritance, hence the suit.

7. That cause of action arose in favour of the plaintiff against the defendant firstly on 04.04.2001 and secondly a few
days before when the plaintiff came to knowledge about the execution of the alleged gift deed in favour of the
defendant.

8. That the parties reside in Sheikhupura District and the property in dispute is also situated within the jurisdiction of
the Honour-able Court, therefore, this Honour-able Court has the jurisdiction to entertain and try the suit.

9. The value of the suit for the purpose of Court fee and jurisdiction is fixed at Rs. 1,000,000/- (Rupees one million
only) amount to its market rate in the area on which the requisite Court fee of Rs. 15,000/- has been paid.

Under the circumstances it is, therefore, respectfully prayed that the decree for a declaration and cancellation of the
deed of gift registered in the office of Sub-Registrar in favour of plaintiff vide baring no. 40/47 and in furtherance of
that mutation as such having taken place in favour of the plaintiff may kindly be passed in favour of the plaintiff against
the defendant with cost throughout.

In the Court of Senior Civil Judge, Lahore

Moazzam Mughal S/o. Muhammad Azam, Caste Lashari, resident of House No. 34, Haider Street No. 23, Awan Colony,
Lahore
(Plaintiff)

Versus

M/s. Punjab Cooperative Bank Limited through its Chairman

(Defendant)

Suit: For the recovery of Rs. 608,000/- as damages for wrongful dismissal.

Respectfully Sheweth:---

1. That the plaintiff joined services as an Assistant with the defendant bank on 01-01-1980 and it was agreed between
the plaintiff and defendant that plaintiff shall be on probation for a period of one year liable to be confirmed on
the expiry of one year and it was also provided in the appointment letter that plaintiff shall serve the organization
till he attains superannuation (retirement).

2. That the plaintiff served the defendant bank to the best of his ability, honesty, to the complete satisfaction of his
superiors, and that without complaint or stigma throughout of career/service. The dossier (ready reference list)
of the plaintiff is self-explanatory. It was due to the sheer dint of hard work of the plaintiff that he was promoted
in the regular and usual course and lastly he was working as Manager of the defendant bank.

3. That to the misfortune of the plaintiff he suffered from a heart attack on 02-10-1997 and he was admitted in the
hospital. As there was no male member of the family present in the house, he could not inform the defendant for
a medical leave. After two days when plaintiff got consciousness, he sent a registered application requiring of the
defendant for a medical leave. A copy of the application with the postal receipt is attached.

4. That when on 12-10-1997 when the plaintiff joined the office, he was informed that his services were terminated
due to absence from duty vide office order dated 03-10-1997.

5. That the plaintiff made a representation to the competent authority to consider his case for reinstatement on
account of the peculiar circumstances, but the same was rejected.

6. That the act of the defendant to terminate the services of the plaintiff is illegal, void, and inoperative as the
defendant and the Efficiency and Disciplinary Rules, 1975 which were borrowed the defendant from Civil Service
Laws.

7. That the plaintiff has no remedy except to file a suit for damages for wrongful termination/dismissal and he has
evaluated the damages as under:---

a) Mental torture 50,000.00

b) Salary with allowances for the un- 558,000.00
expired period of service @ Rs.
15,500/- p. m. salary last withdrawn
(36 x 15,500/-)
608,000.00

8. Cause of Action ……………………………

9. Jurisdiction …………………………………

10. Court fee ……………………………………

Pray ……………………………………………...
 In the Court of Senior Civil Judge, Lahore
Qazi Zahid Ali S/o. Bashir Ahmed, Caste 1. The Federation of Pakistan through
Syed, resident of 3 – Shah Jamal, Lahore. Secretary, Ministry of
Railway, Islamabad.
Versus
2. Pakistan Railways through The
General Manager Railways,
Headquarters, Lahore.
Plaintiff Defendants

Suit: For the recovery of Rs. 203,000/- (Rupees two hundred three thousands only) for non-delivery of goods
consigned under Risk Note No. 10, Lahore, dated 1st of January 2002..

Respectfully Sheweth:---

1. That on 01.01.2002, the Plaintiff handed over 300 bags of wheat, each containing, two maunds of wheat to the
servants and clerks of the Defendant at Lahore for despatch to Gujrat on the Pakistan Railway owned and
managed by the Defendant Federation for delivery there, to the Plaintiff or his order.

2. That the servants of the Defendant accepted the consignment for the aforesaid purpose on the Plaintiff’s
executing consignment in risk note no. 10, dated 01.01.2002 and on the Plaintiff’s paying the railway freight and
on accepting the goods for transit the Railway employee granted the Plaintiff’s receipt number 483 of even date.

3. That when the consignment reached at Gujrat, it was found short by 100 bags and the Railway employees gave
delivery of the remaining bags to the Plaintiff’s agent at Gujrat.

4. That the loss of the said 100 bags was due to the misconduct of the Railway Servants.

5. That the Plaintiff reliably understands that the doors of the Wagon in which the 300 bags were loaded
at Lahore and in which they were brought direct to Gujrat were not properly sealed. While the train was standing
at Wazirabad Junction at night the said 100 bags were taken out through the doors on the off side of the platform
by some miscreants (criminals), possibly Railway employees and peons performing watch and ward duties.

6. That the loss of the said 100 bags was due to the misconduct or gross negligence of the Railway servants. The
Plaintiff at present is unable to give particulars of the said misconduct but it is transparent that the loss sustained
by the Plaintiff is solely due to the negligence of the Railway Authority. (Res ipsa loquitur is applicable in this case).

7. That the Plaintiff has suffered damage by the non-delivery of 100 bags of wheat as follows:---

a) Price of 200 maunds of wheat @ Rs. 300/- per maund 100,000/-

b) Price of 100 gunny bags @ Rs. 30/- per bag 3,000/-

Total: 203,000/-

8. That the notice of claim as required by S. 80 of Code of Civil Procedure under the Railway Act has been served on
the Defendant No. 2 by registered post, copies of which are attached.

9. That as goods were consigned at Lahore and the Risk Note was also obtained there, the Civil Court at Lahore has
jurisdiction to try the suit.

10. That the Cause of Action arisen at Lahore on January 01, 2002, and later on when the period of two months expired.
11. That the value of the subject matter of the suit for the purpose of Court Fee and Jurisdiction is fixed at Rs. 203,000/-
on which requisite Court fees of Rs. 15,000/- has been paid.

It is therefore prayed that a decree, for Rs. 203,000/- with interest @ 10% from the date of suit till its realization, may
kindly be passed in favour of the Plaintiff against the Defendant with cost.

Verification: ………………………………………………………………………………………..

In the Court of Senior Civil Judge, Lahore

Akhtar Nawazish S/o. Nabi Bukish, Caste Nohman Rizvi S/o. Israr Elahi, Caste
Mirza, resident of 5 – Shah Jamal, Naushahi, resident of House No. 18,
Versus
Lahore. Street No. 2, Gulberg II, Lahore.
Plaintiff (Vendee) Defendant (Vendor)

Suit: For the Cancellation of agreement dated March 01, 2002, entered into between plaintiff and defendant to sell
the house.

Respectfully Sheweth:---

1. That the plaintiff and the defendant mutually entered into an agreement to sell the house owned and possessed
by the defendant above named situated and bounded as under:---

a) South ………………………………… Property Film Star Zara Sheikh

b) East ………………………………….. Thoroughfare (free way, main road)

c) North ……………………………….. House belonging to S. P. Usman Saleemi

d) East …………………………………. Clinic of Dr. Azmat Hayat Gill

A copy of the said agreement is attached.

2. That as per the terms and conditions of the agreement the plaintiff had paid a sum of Rs. 100,000/- (Rupees one
hundred thousand only) as earnest money out of the total sale price to the tune of Rs. 1,000,000/- (Rupees one
million only) as mutually agreed between the parties in the agreement.

3. That the agreement was to be completed through the execution of a registered sale deed before the Sub-
Registrar, Lahore, on or before the 30th day of June 2002, as laid down in the agreement.

4. That the defendant had asseverated (declared, stated) at the time of the execution of the said agreement that
the house in question was free from any sort of embargo or encumbrance and was in possession of the defendant.
But, later on, on the plaintiff detailed inquiry as a matter of abundant (liberal, fruitful) caution and care, it came to
light that the property in question was mortgaged by the defendant to one Muhammad Khurram S/o. Akmal
Hussain, Caste Chaudhary, resident of Kacha Rawan Road, Lahore, in lieu of loan taken by the defendant from the
said Muhammad Ali who was also given the possession as it was a mortgage with possession.

5. That the defendant through surreptitiously (secretly) and furtively did form the mortgage with mala-fide intention
and intentionally hide the fact of said mortgage/the transaction of mortgage of the property in question executed
by him as such. The defendant, therefore, misrepresented and in order to takes the money from the plaintiff
entered into an agreement concealing thereby the exact legal title of the property. The plaintiff thus has been left
no remedy at law except to institute the present suit.
6. That the Cause of Action arose in favour of the plaintiff against defendant on March 01, 2002, when he received a
sum of Rs. 100,000/- (Rupees one hundred thousand only) from the plaintiff as earnest money out of the total sale
consideration of Rs. 1,000,000/- (Rupees one million only)

7. That the property in dispute is situated at Lahore, the earnest money was also paid to the defendant at Lahore,
therefore, this Honour-able Court has got the jurisdiction to entertain and try the suit.

8. That the value of the suit for the purposes of the Court fee and jurisdiction is fixed at Rs. 100,000/- (Rupees one
hundred thousand only) on which the requisite Court fee of Rs. 7,500/- has been paid.

It is, therefore, respectfully prayed as that a decree for the payment of Rs. 100,000/- as earnest money received by the
defendant from the plaintiff as earnest money of the sale transaction in the light of the agreement dated March 01,
2002, with interest @ 10% p. a. from the date of institution of the suit till its realization may kindly be passed in favour
of the plaintiff against the defendant with a further prayer that the agreement dated March 01, 2002, may kindly be
declared to be treated as cancelled and unlawful, inoperative, and void as against the plaintiff’s rights.
Law of Interpretation of Statutes
Course Contents:

1. Sections 6, 16, 21, and 26 of General Clauses Act and course as contained in the book namely; Law of
Interpretation by Maxwell and Craze.

Book Recommended:

1. Interpretation of Statutes by Muhammad Anwar Ghuman.

An offender cannot be punished twice for the same offence. Discuss it with reference to the law on the subject?

According to S. 26 of General Clauses Act, where an act is an offence under the provisions of two enactments, which
are not in conflict with each other, prosecution could be resorted to under either of enactment. A person could be
prosecuted and convicted both under the special enactment and also the general law, but he could be punished only
once either under the former or the latter.

Act is no where defined. It must be necessarily be something sort of a transaction which is composed of a series of
acts, but cannot, I think, in ordinary language, be restricted to every separate willed movement of a human being.

In the presence of the provisions contained in the said section, the principle of “generalia specialibus non
derogant” (special thing derogates from general things) cannot be applied.

Where a new offence is created under any enactment, the accused must be dealt within accordance with the
provisions of that enactment. Where on the other hand, a statute makes an act, already punishable under some former
law, punishable and there is nothing in the later enactment to exclude the operation of the former one, then the
accused person can be proceeded against under either of the enactments.

Indian Case - Rahmatullah v Emperor: In the said case the accused by one act restrained the police and endangered
the lives of bystanders one offence is under the penal code and the other under the Railway Act. It was held that
conviction under the Railway Act must be set aside. But the contention that because a special enactment dealing with
an offence. Similar the offence dealt with by the IPC, the provision of the IPC should be taken to have been repealed
to that extent is not acceptable.

S. 26 of General Clauses Act was enacted with a view to avoid implied repeal if the General Acts by the enactment of
special Acts.

S. 26 only applies when an act or omission is constituted as offence by two or more different enactments. It makes no
difference to the application of S. 26 that the procedure laid down in two enactments with regard to prosecution of
an offences in different or even if different sections are provided in two enactments.

S. 26 does not act as a bar to trial or conviction but merely as a bar to duplicated punishment.

The broad proposition that S. 26 is ruled out when there is repealed of an enactment followed by a fresh legislation is
not correct.

S. 26 would be applicable in such cases also unless the new legislation manifests an intention incompatible with or
contrary to the provisions of the section. Such incompatibility would have to or ascertained from a consideration of
all the relevant provisions of the new law and the mere the sense of a saving clause is by itself not material.

S. 26 has, however no application if the offences are distinct, e.g., a person found in possession of stolen revolver may
be tried punished both under penal laws and Arms Act. The important point to be noted is that it is not the same act
or omission which constitute the offence under two enactments.
S. 26 is widen in scope under its corresponding S. 33, English Interpretation Act which says, “where an act or mission
constitute an offence under two or more Acts, or both under an Act and at common laws, whether any such Act was
passed before or after the commencement of this Act, the offender shall, under the contrary intention appears,
believed to be prosecuted and punished under either or any of these Acts or common law, but shall not be liable to
be punished twice for the same offence.”

S. 26 not only deals with an act which is an offence under the penal code, and under a special local Act, and an act
which is an offence under two or more local Acts, but also it deals having regard and to the meaning of reenactment
with an Act which is an offence under two or more sections of the enactments.

S. 403 of Code of Criminal Procedure also deals with the subject that person once convicted or acquitted not to be
tried for the same offence again. Rule of double jeopardy applies here. It means that no one should be vexed
(troubled, annoyed) twice for the same matter and contemplates of a situation where a person has once been tried
by a Court of competent jurisdiction and acquitted by such Court cannot be tried again for the same offence nor for
any other offence based on similar facts. The principle underlying this section is founded on public policy. It is
exhaustive on the subject to the effect of previous acquittal or conviction.

Criminal charge once having been adjudicated upon by a competent Court, that adjudication is final whether it ends
in acquittal or conviction and it may be pleaded as a bar in a subsequent prosecution for the same offence whether
charged with or without matters of mere aggravation, and whether such matter relate to the intent with which the
offence was committed or to the consequence of the offence. Retrial of an offence in which a person who having
once been tried as accused stands finally acquitted is not permitted.

S. 403 of Code of Criminal Procedure is based on the ancient maxim nemo debts bis vexari which means that a person
cannot be tried a second time for an offence which is involved in the offence with which he was previously charged.
The same principle autrefois acquit (formerly acquitted) and autrefois convict (formerly convicted) is prevailing in the
common law. The section is based on the principle of no man’s life and liberty shall be twice put in jeopardy for the
same offence on the same set of facts.

S. 403 of Code of Criminal Procedure alongwith S. 26 of General Clauses Act provides procedural shield. Conviction for
the second time on the same facts is not legal. Accused having once been acquitted by a Court of competent
jurisdiction and such finding having attained finality, his conviction on the same facts again by the Court is not
permissible. When once a person was acquitted he could not be tried again and convicted. The whole basis of S. 403(1)
is that the first trial should have been before a Court competent to hear and determine the case and to record a verdict
of conviction or acquittal. If the Court is not so competent it is irrelevant that it would have been competent to try
other cases of other class or indeed the case against the particular accused in different circumstances, e.g., if a
sanction has been obtained.

Res judicata: If an accused is tried on certain charges and acquitted, it will be clearly unjust and highly oppressive and
amount to an abuse of the process of the Court to permit his repeated prosecution on identical evidence in respect of
identical charges even though relating to different items.

Writ petition: Filing of successive writ petition on same cause of action is against the spirit of law and general principle
of res judicata.

Benefit of doubt: Accused given benefit of doubt and acquitted, cannot be prosecuted for same offence a second
time.

Industrial Relations Ordinance, 1969: Bar to second trial applicable not only for same offence but also to a second trial
on same facts for any other offence.

Order of discharge on merits: An order of discharge which is passed on merits and which is not plainly or substantially
an order passed in default, although it does not in law constitute a legal bar will practically have the same effect as an
order of acquittal.
Rules of interpretation of Statutes: Following are the rules of the interpretation of Statues:

The subject of the interpretation of statues or Acts is very wide. The legislature makes the laws while the judges of
the law courts apply or interpret the laws. Legislation or lawmaking is a very high prerogative vested only in the
legislature. The function of a Judge is only to apply the law least concerned with the method adopted by the
parliament or legislature of any country. And the Judge is also supposed not to be influenced by the fact as to how
many votes were in favour of the enactment and how many votes were against it at the time when it was passed by
the parliament.

Impartiality or neutrality is the indivisible virtue of a Judge in interpreting or applying the law to decide a case before
him. The Judge or the Court has to seek the intention of the parliament in the course of application or interpretation
of any law to a given case. In case there are two versions of an Act, one moral and other one is immoral. The Judge
shall decide easily in accordance with the moral or positive version of the Act. And in case there is only one version,
which is immoral, the Judge shall decide as a man of ordinary prudence and wisdom. Here the old saying is very
pertinent which is “prudence is a rich, ugly old maid courted by incapacity”.

The doctrine Nemo debet esse judex in propria causa, “who is personally either directly or indirectly, interested in a
case or subject matter of the property should not sit as a Judge in that particular case because in that way the vary
act of the Court shall prejudice case of the party. No one can be Judge in his own cause. A Judge may not have any
pecuniary or personal interest in a case, which he tries. If he has some interest he must declare it, e.g., shares in a
company which is party to an action.

Actus curiae neminem geravabit, “the act of the Court should not prejudice to any body”. Act of Court shall prejudice
no one. Law is based upon the justice and reason and when the reason goes away, the law should also go away, is
applicable.

Cessante ratione legis, cessat ipsa lex, “the reason of the law ceasing, the law itself ceases”. This maxim applies to the
principles of the common law, but not to any considerable extent to statue law.

Cessante causa, cessat effectus, “when the cause ceases, the effect ceases. Cessante ratione legis, cessat ipsa lex, “the
reason of the law ceasing, the law itself ceases. This maxim applies to the principles of the common law, but not to
any considerable extent to statute law. Reason is the soul of law and when the reason goes away, the law should also
go.

Mutatis mutandis, “with slight alteration or the necessary change being made”. Where particular law is not available
for particular matter, then law available is applied with slight alteration. For example, Code of Civil Procedure is not
applicable in ejectment cases with Rent Controller, therefore, Code of Civil Procedure is applied with slight alteration
under the doctrine of mutatis mutandis.

Nemo debet bis vexari pro una et eadem causa, “a person cannot be tried a second time for an offence which is
involved in the offence with which he was previously charged.” Person once convicted cannot be convicted again
under the same offence.

Expressio unius personae vel rei, est exclusion alterius, “the express mention of one person or thing is the exclusion of
another. A valuable servant but a dangerous master in the construction of statutes or documents.

Expressum Facit Tacitum, expression precludes implication.

View in the larger interest prevails when two views are possible.

The word “suit” is related with civil matters whereas the word “case” is concerned with criminal matters.

1. The statute must be read as a whole. In the exposition of statutes the intention of legislature is to be ascertained
and found from the whole of the statute and each and every part of it taken and prepared with other parts. The
 reason is that there should or may not be any contradiction between one part of the statutes and another. The
whole scheme of the Act or Statute has to be taken into consideration to find its real meaning.

2. The words, phrases, and sentences of a statute are ordinarily to be understood in their natural, ordinary, popular,
and grammatical meaning unless such a construction leads to an end absurdity or obscurity or form that point
of view the context or object of the statute suggests different meaning.

3. Principle: The word of the statute must be construed or understood so as to give a sensible meaning to them.
The Court except in the extreme and rare cases must apply the principle when there is absolute intractability
(rigidity) of language.

4. Delegatus non potest delegare, “a delegate cannot delegate”. Another rule of the interpretation of statutes is
that power once delegated cannot be re-delegated/ relegated. A person to whom power has been delegated
cannot delegate them to another. But trustees may appoint agents to do trust business, and are not responsible
for their default, if employed in good faith. Powers once delegated in a statutes cannot be re-delegated for the
reason that the law tends towards an ends but is not an end itself.

5. Noscitur a sociis, “a meaning of a word can be gathered from the context”. However the man is known by the
company he keeps, in the same manner a word is known by the company with regard to other words. The
meaning of a doubtful word may be ascertained by a reference to the meaning of words associated with it. The
rule that a word is known by the company it keeps is not un-escapable/ineluctable (inevitable). It is applied
widely only where a word is capable of many meanings.

6. Ejusdem generis, “the rule that where particular words are followed by general words, the general words are
limited to the same kind as the particular words.” Equivocation means duplicity of the words and unequivocal
means word which gives definite meaning. Ejusdem generis means preceding the same in an enumeration of
different subjects in an Act. General word following specific words may be construed with reference to the
antecedent (foregoing, previous) matters and the construction may be narrowed down by treating them as
applying to things of the same kind as those previously mentioned unless there is something to show wider
sense was intended.

7. Old statute should be interpreted, as they would have been at the date when they were passed or made. If the
prior interpretations are contradictory the Court will have to consider the reasons given and come to its own
conclusion.

8. The intention of legislature predominates. The main object of the Court in interpreting a statute is to find out
the intention of the legislature as expressed in the statute or Act. The intention and meaning of the statutes is
to be sought in the words used. If they are plain and unambiguous the words must be applied as they stand/exist.

9. If the meaning of the enactment is plain effect must be given to such meaning irrespective of consequences. In
construing enacted words the Court or a Judge is not concerned with the policy involved or with the results,
injurious, or otherwise which may follow from giving effect to the language used. In interpreting an Act of
legislature the duty of Court is to determining the intention of the legislature by words used. The primary rule
of interpretation or undoubtedly is to take the words in natural, liberal, or grammatical sense and if the words
are plain and admit but of one meaning no difficulty in interpretation arises.

10. Its construction or interpretation to avoid absurdity is permissible where the language of statute susceptible to
two interpretations one of which is reasonably and other is unreasonably. According to Court, Court should hold
that reasonable version shall apply.

11. Same words to have same meaning. A word which occurs more than once in the same Act should be given the
same meaning throughout the Act unless the context shows that the legislature use the words in a different
sense.
12. The interpretation should be in accordance with the policy and object of the statute.

13. The words are taken to be used ordinarily in the sense they borne at the time of statute.

14. Technical word: Where the legislature uses technical language then the technical meaning must be taken unless
there is an obvious contrary intention.

15. Title of the Act:

16. Schedules of the Act:

17. Sub sections:

18. Footnote/margin:

The general principle with regard to the interpretation of statutes is that if the matter in question is a matter of
procedure only, the provisions would be retrospective. On the other hand if it would be more than a matter of
procedure and it touches a right in existence at the passing of the Act, the legislation would not operate
retrospectively but prospectively.

For instance, a plaintiff sues a defendant for the recovery of money with payment of the requisite amount of Court
fees and at the appeal stage, the law with respect to the Court fees is changed. The aggrieved party cannot raise the
plea to deposit the same amount of Court fees, which was paid by the plaintiff according to the law as it then was.
This being a matter of procedure the aggrieved party is bound to pay the amount of Court fees in appeal strictly
according to the latest rate. Therefore, we may say that the procedural law, unless other-wisely in express terms
always operates prospectively and not retrospectively or ex post facto.

But on the other hand a change, if any, is brought or introduced effecting the rights in the property, to sue or be sued
then in that event the law shall operate retrospectively at any stage in the suit, case, at any of the later stages in appeal
or revision.

For instance, A plaintiff brings a lawsuit for the recovery of money of Rs. 100,000/- and affixes Court fees at prevalent
rate, i.e., Rs. 7,500/- @ 7.5%. Later on at the time of appeal, rate of Court fees increases from 7.5% to 15%, he has to affix
the Court fees at prevalent rate at that time, i.e., @ 15%. He cannot raise the plea of retroactive/retrospective
(backward, past, looking back) effect of Court fees. He has to apply prospective (future, coming) rate of Court fees.

Delegated legislation: Legislation is always the prerogative of the parliament as legislature of any country. When the
population was not so large and the laws were also not in large number as it is the state of affairs today as complex
on account of the increase in population and problems faced as such. The legislature, therefore, used to make laws in
the detailed form for the reason they had ample (broad, large, extensive) time with them to make the laws in a
comprehensive manner after due contemplation (viewing, observation, examining). However it became very difficult
for the legislature to make the laws in the detailed form including the substantive as well as procedural
laws. Therefore they started making the laws in the general form. They left the gaps to be filled in by some other
agency and in such a state of affairs. This job to fill in the blanks that is the procedural law under a particular Act
enacted by the parliament could not be done by any authority except the executive whose function, admittedly, is not
to make the laws but to enforce the laws.

This power left with the executive to make the rules or regulations strictly in accordance with the statutes and Acts
made by the parliament is called the delegated legislation or subordinate legislation. It may be called as a subordinate
legislation for the reason that the executive machinery which consists of ministers and high ranking civil servants.
They cannot make any rule and regulation which contravene or otherwise impinge (infringe, disturb, encroach upon)
with the substantive provisions of laws which only falls within the ambit of the legislature.
For instance, in our country Pakistan Penal Code is a code, which is substantive in nature defining and giving the
ingredients of the different offences. For that purpose as to how an offender or accused guilty of any offence shall be
tried in a Court of law. It pertains to the procedure, which is given in the Code of Criminal Procedure.

The ministers or executives cannot, in any case, make the laws, which is the function of the parliament or legislature
of any country. But they may make rules and regulations under that Act for giving effect and application to the
provisions of the Act which remaining intact (flawless, perfect, unbroken) and un-challenge-able by the executive or
any authority in the country whatsoever. These rules and regulations under the Act are delegated legislation.

Here, however the superior courts have the powers of judicial review and that is to be exercised very carefully and
jealously. The courts are, no doubt, creation of the constitution. But if they find that any Act of the legislature is not
according to the provisions of the constitution and is thus repugnant (offensive), they may declare it unconstitutional,
void, or ultra vires after full satisfaction.

Delegated legislation, however, is subject to criticism in the sense that legislation is the only privilege of the legislature
of any country. The making of rules and regulations is also legislation. But here it should be kept into mind that there
is no way out with the legislature of any country, in particular, the developed countries, to acquiesce (agree, consent)
in the act of the executive to perform such function as there is not other authority left to make delegated legislation.

Unfortunately in the developing countries the executive in the garb of delegated legislation may pass a legislation,
rules, and regulations to maintain its hegemony (leadership, authority, supreme command) or power over the masses
which may ultimately negate the great principle of law that is rule of law.

Mandatory and directory: The statutes and enactments mostly contain mandatory and directory provisions of law. A
mandatory provision of law leaves a very little scope in the light of the peculiar (particular, unusual) circumstances of
the case in the context of the law courts. On the opposite, the directory provisions of law can at best be applied to by
a Judge with reference to a particular case according to the wisdom and prudence of the Judge, he possesses for
which he is bound to furnish reasons. At here it is pertinent to note that the legal acumen (keenness, intelligence) of
the Judge which is most important is a matter of concern for a fair and just application of the law. The impartiality and
neutrality of a Judge is an indivisible virtue. His primary and important duty and function in the application and
interpretation of law is to see and examine what is legal and not what is right. He is bound to interpret the law and it
is or as it should be. It is so because legal sanction only gives legality and not legitimacy. The Judge should keep into
his mind that laws and institutions must go hand in hand with the progress of the human mind.

An ordinary instance of the mandatory provision of law is the constitutional provisions. The judges of the law Court
are themselves creature of the constitution and evidently they are precluded (prevent, hinder) from
challenging/questioning the validity of the constitution or its provisions. The constitution cannot be altered, changed,
or amended except by the observance of the procedure laid down in the constitution by the judges of the law Court.
While interpreting the laws made by the legislature/parliament, as having not made within the four-corners of the
constitution, Judge may declare it null and void.
Law of Administrative Tribunals
Course Contents:

1. The course contents would be General and Basic Principles of Administrative Law, General and Basic Principles of
Law of Administrative Tribunals and the Basic Principles of Law of Civil Service, with reference to Federal statutes
as applicable to Pakistan.

Book Recommended:

1. A handbook for The Punjab Civil Service Laws by corrected and modified by S. A. Abid and S. A. Haider.

Difference between Court and tribunal: Following are the differences between them:

1. Administrative control:

Court: Higher Judiciary controls courts.

Tribunal: Government directly supervises tribunals.

2. System of management:

Court: Common system of management is applicable in courts.

Tribunal: Management as government prescribes is applicable in tribunals.

3. Presiding Officer:

Court: Officer who presides to Court is designated as Judge.

Tribunal: Persons so associated with tribunals are termed Members.

4. Head of the institution:

Court: Where there are more judges than one in courts, one of them is designated as Chief Justice.

Tribunal: One member among others is termed as Chairman of the tribunal

5. Jurisdiction:

Court: All matters either civil or criminal are subjects of courts unless they are barred expressly. Jurisdiction of
courts remains wide. Restrictions on courts are very limited.

Tribunal: All the matters, which are excluded from the jurisdiction of courts, are made subject of tribunals.
Jurisdiction of tribunals remains limited in nature. Tribunals remain confined upto the extent of delegation of
power.

6. Hearing of cases:

Court: U/s 9 of Code of Civil Procedure, courts cannot hear the matters, which are delegated to tribunals.

Tribunal: Under Article 199 of the Constitution, tribunals cannot hear matters against which they are debarred to
hear.

7. Applicability of procedural law:

 Court: Following of procedural law is compulsory either Code of Civil Procedure or Code of Criminal Procedure or
the Law of Evidence or otherwise.

Tribunal: Procedural law of the land is not applicable except restricted provisions of Qanun-e-Shahadat.

8. Bye-laws:

Court: Code of Civil Procedure provides bye-laws.

Tribunal: Administrative authority of tribunals formulates its own laws.

9. Administration:

Court: Appointment of judges, removal, promotion, and salary packages are governed by itself courts.

Tribunal: Government makes rules as to their appointment, removal, promotion, and salary packages.

10. Original jurisdiction:

Court: Courts enjoys inherent powers. All courts are courts of original jurisdiction. They may try the cases in
first instance.

Tribunal: They are forums of appeals. They do not possess the powers of original jurisdiction. Where there is
dispute as to the jurisdiction of the tribunal, only Court is competent to decide whether particular matter comes
under the jurisdiction of tribunal or Court.

11. Power to enforce judgement:

Court: Courts have effective power to enforce their decisions by way of contempt.

Tribunal: Enforcement of the decisions is dependent of government.

12. Punishment:

Court: Courts are competent to punish the person who is guilty.

Tribunal: Tribunal cannot punish the person so guilty of offence. Power to punish guilty person is ineffective.

13. Forums of appeal:

Court: There are many forums of appeal after the judgement of trial Court such as District Judge, High Court, or
Supreme Court.

Tribunal: Only one appeal is allowed preferably in Supreme Court.

14. Parties to suits:

Court: Any person may be party in suits.

Tribunal: Government is compulsory as necessary party in the cases of tribunals.

15. Parties to suits:

Court: All matters can be tried in courts. Government may or may not party in the cases try-able in courts.

Tribunal: Cases try-able in tribunals are only against government.

Government always is changed in democratic setup. Government possesses executive powers. Profession
bureaucracy runs the affairs of government. Where bureaucracy is not professionally qualified and experienced,
administration of state becomes very difficult to run. Professional bureaucracy strengthens the government.
Protection of civil bureaucracy was protected under Government of India Act, 1935. Where government employees
had committed wrongs, doors of the High Court were open to them for the redressal of their grievances. Under the
said Act for areas were covered;

1. Method of appointment of bureaucracy, i.e., Indian Public Service Commission was made fair.

2. Terms and conditions were constituted including removal and promotion. Ordinary law could not change it.

3. As far as judicial remedy was concerned, it was vested to High Court.

Such freedom to profession bureaucracy is not available in presidential form of government. They are put to the mercy
of executives. When president resigns, all of employees of government resign.

Under the Government of India Act, 1935, this Act had to fill the space of Constitution of Pakistan until the new
Constitution is formed. India made its Constitution in 1951 where Pakistan was near to form its Constitution in 1954
but unfortunately Pakistan first constituent assembly was dissolved. Second constituent assembly made its
Constitution in 1956. Constitutions of 1956 and 1962 were same as the Government of India Act, 1935 with reference
to civil service.

Full change in civil service and remedy for them was observed under the Constitution of 1973. Constitution of 1973 was
the full turning point for the professional bureaucracy. Bureaucracy was fully protected before the formation of this
Constitution. But the role of bureaucracy was disliked. Protection to bureaucracy became unavailable under the
Constitution of 1973. Alternative remedy was provided for the redressal of their grievances. Ordinary law of tribunals
was enacted. Jurisdiction of general courts becomes to an end. Two new Articles were included in the Constitution of
1973, i.e., Article No. 199 and Article No. 212. Protection which was granted to professional bureaucracy under
Government of India Act, 1935 and Constitutions of Pakistan 1956 and 1962, abolished at all. Not only the protection
granted was removed but also the new provision of tribunals was included.

Under Article 212 of the Constitution, both governments, i.e., central and provincial may constitute tribunals for their
civil servants. Tribunals are aimed to hear the matters related with the terms and conditions of the civil servants. They
also serve as appellate authority for civil servants. Under Article 199 of the Constitution, High Court shall not hear the
matters relating to the civil servants. Relief granted by High Court became barred. Now removal of government
employee becomes very easy for government. Civil servants work till the pleasure of government.

How the tribunals are constituted? They are constituted same as the other courts are constituted such as Supreme
Court, High Court, Federal Shariat Court etc. It is presumed that the rule of natural justice is applicable in such
tribunals.

Following area of study is to be covered:

1. Civil Servants Act.

2. Civil Servants Rules.

3. Civil Servants Tribunals Act.

4. Civil Servants Tribunals Rules.

5. Punjab Civil Service Tribunal Act.

6. Punjab Civil Service Tribunal Rules.

Civil Servant: Every person who is in the service of Federal or answerable to government is civil servant of the
federation.

All the autonomous bodies of the federation are the subject of tribunals for the redressal of their grievances like
Wapda, Post Office etc.

President is authorized under Article 212 to constitute tribunals for federal employees of the government.

This is the same as with the Punjab government. Any person in the service of province or answerable to government
is civil servant of Punjab.

All the autonomous bodies of the province are the subjects of High Court for the redressal or their grievances
like Punjab University.

Governor is authorized under Article 212 to constitute tribunals for provincial employees of the government.

Terms and conditions of service, disciplinary actions, promotion, or wrong terminations are the subjects of the
tribunals.

Execution of the orders of the tribunals is impotent thus less effective.

Constitution: Article 212 of the Constitution governs the law relating to tribunals. It deals with the terms and
conditions of the service. Every tribunal consists on one Chairman alongwith two members. President constitutes the
tribunals and appoints its members and chairman with the advice of Prime Minister.

It is constituted u/s 3 of the Punjab Tribunal Act by following the procedure under-mentioned:

1. Powers of governor:

2. Determination of jurisdiction:

3. Determination of class to deal with:

How constituted: Following criteria is adopted to constitute the tribunal:

1. Notification: s

2. Members: It contains on two members.

3. Chairman: One person is designated as the Chairman of the tribunal.

4. Qualification: All the members alongwith Chairman should be equally qualified as to either Judge of High Court or
retired from High Court. Qualification of Judge of High Court is ten years’ practice in High Court. Qualification of
the members may also be prescribed under the rules. Members should be less than of fifty-eight years of age. His
status is considered more than secretary of the department. He should also bear sound mind.

5. Condition: He takes oath before the Chief Justice of the High Court where he is not retired Chief Justice of the
High Court.

6. Remuneration: Remuneration is fixed as follows:

a) Chairman (retired): Where he is retired servant, he draws the salary last drawn.

b) Chairman (working): Where he is working, his salary is fixed equal to the grade 22.
 c) Member (retired): Where member is retired person, he draws salary equal to the salary last drawn.

d) Member (working): Where member is working, he draws remuneration equal to the salary he was drawing.

7. Jurisdiction: Jurisdiction of the tribunals is as under:

a) Terms and conditions of services:

b) Upto the extent of Punjab:

c) Appointment:

d) Confirmation:

e) Promotion:

f) Seniority:

g) Termination:

h) Retirement:

i) Misconduct:

8. Constitution of benches: Benches are constituted as per following procedure:

a) Power of chairman:

b) Bench upon Chairman:

c) Only one member:

d) Only members:

e) One member and one chairman:

9. Dispute of bench: Tribunal decides the disputes of the benches where they occur.

10. Transfer of matters: Chairman has power to transfer the matters from one bench to another under his jurisdiction.

11. Powers of tribunals: Tribunals posses the following powers:

a) Original cases:

b) Appeals: They bears following powers where they act as appellate jurisdiction:

i) Set aside:

ii) Alteration:

iii) Confirmation: They may uphold the decision made by the executive authority.

iv) Act as civil court:

v) Issuance of summons:
 vi) Evidence on oath:

vii) Compel to give evidence:

viii) Compel to produce document:

ix) Compel to be present:

x) Constitution of commission:

xi) Natural justice:

Vacation of the seat: Resign, death, or terminations are the common modes of the vacation of seats of members of
tribunals. In other words members of the tribunals work till the pleasure of the government. Government does mean
in centre Prime Minister and in province Chief Minister. They cannot possess any service in Government of Pakistan.

Decision powers: All the members including Chairman gives their unanimous decision otherwise decision of majority
is sustained. Where decision is divided equally then the decision of Chairman prevails.

Appeal: Government acts as defendant in tribunals. Appeal is consideration of law points omitted at original level.
First appeal is right of each aggrieved party but second appeal is discretion of appellate Court.

Difference of ministry and department: The term Ministry is used for Federal Government whereas the term
department is used in Provinces.

Minister under Federal Government represents Ministry while Minister under Provincial Government represents
Department.

When we deal with education matters in federation, it is called ministry where as it is termed as department in
province. Punjab University does come under department where WAPDA comes under ministry.

Classification of departments: There are only five total classifications of departments in Pakistan such as:

1. Federal Ministries. It is subject of tribunal.

2. Federal Autonomous Bodies. Employees go to tribunals.

3. Provincial Departments. Relief is sought from tribunals.

4. Provincial Autonomous Bodies. Only writ lies for the redressal of grievances.

5. Local Governments. Relief is granted under writ.

Dismissal of suit: Suit is dismissed on merit after complete hearing on points of facts in issue. Principle of res
judicata applies where suits are dismissed. Where plaintiff fails to appear in hearing, suit is dismissed. Where
defendants commits failure in appearance, suit is decided ex parte.

Rejection of suit: Where suit involves some technical faults, suit is rejected. It can be filed subsequently after making
good of deficiency. For example, where suit is improperly stamped and not made good after notice of the Court, case
is rejected. Suit can be filed again in the same Court after affixation of proper Court fee within limitation period
prescribed for that suit.

Return of plaint: Where Court does not entertain suit being wrong forum to proceed, plaint is returned to put on
proper forum. Here the principle of res judicata does not apply. For instance, where service matter is brought in High
Court, it is returned to present in Service Tribunal constituted for this particular purpose. Court does not proceed on
the suit being having no jurisdiction.

Powers of tribunal: Tribunal possesses certain powers to discharge its obligations such as:

1. Uphold or confirmation of judgement.

2. Set aside the judgement.

3. Vary the judgement.

4. Modification in judgement.

Tribunal acts as civil Court when decides any appeal and exercises all powers of Code of Civil Procedure in following
matters:

1. Compel to attend the Court any party.

2. Examination on oath.

3. Compel to production documents.

4. Issuance of commission.

Court fee: Court fee is not applicable on the petitions filed in tribunals, as it is not applicable before Ombudsman.

Limitation: Appeal against the decision of the tribunal lies to High Court within thirty days of the order of the tribunal
while ninety days time period is provided for the exhaustion of alternative remedy before higher authorities of the
ministry or department. Where higher authority decides the matter within ninety days in favour of applicant, no appeal
shall lie otherwise thirty days shall be given for appeal in tribunal. Period of thirty days is available at both original and
appellate level.

Ss. 5 and 12 of the Limitation Act are applicable while the proceedings in tribunals.

Counsel: Engagement of counsel before Ombudsman is immaterial while it is obligatory during the proceedings in
tribunals.

Evolution of tribunal: Following are reasons of the evaluation of the tribunals:

1. Government institution: Government institutions have to perform certain administrative functions, which cannot
perform due to certain reasons, that’s why concept of tribunal is emerged.

2. No Court: It is not a Court but works as a Court.

3. Characteristics: Following are the characteristics of the tribunals:

a) Under law:

b) Semi judicial: Their functions are of quasi nature.

c) Neither administrative nor Court:

d) Natural justice:

e) Independent in function:
 f) Powers as per law:

g) Evidence:

h) Under Court:

i) Discretionary powers:

j) Judicial powers by government:

4. Grounds of evolution:

a) Increasing administrative powers:

b) Long pendency of disputes:

c) Easy and inexpensive justice:

d) Discretionary:

e) Conclusion of summary matters:

f) Practical aspect:

g) Deep understanding of matters:

h) Protection against administrative powers:

i) Technical expertise:

j) Urgent and emergent determination:

Service of summons to witnesses: Following criteria is adopted to summon witnesses:

1. Powers as civil Court/Service Tribunal Rules, 1975: s

2. How summons u/ss 15 to 18: s

a) Summons contains appeal: s

b) Contents of appeal: s

i) Names: s

ii) Addressees: s

iii) Summary of possible evidence: s

iv) Brief description of document: s

c) Call via tribunal: s

i) Where necessary: s

ii) Orders to deposit cost: s

 iii) Travelling cost: s

d) Where no cost is deposited: Appeal is rejected.

e) Call of witnesses at own motion: s

f) Determination of cost: s

i) Where government employees are called: TA/DA rules are applicable.

ii) Where private person is: Appellant pays the cost.

iii) Tribunal decides: Where private person is involved, tribunal decides as to how much cost is to be paid.

g) Summoning of high ranking: s

h) Summoning of government employees: s

i) Procedure on evidence: s

i) Before tribunal: s

ii) Word to word recording: s

iii) Signature of member: s

j) Attitude of witnesses: They can be recorded.

k) Determination of appeal:

i) Where no presence: Appeal is dismissed.

ii) Ex-parte: Where respondent fails to defend.

iii) On merit:
Law of Civil Service
Course Contents:

1. The course contents would be the Basic Principles of Law of Civil Service, with reference to Federal statutes as
applicable to Pakistan.

Book Recommended:

1. A Hand Book for the Punjab Civil Service Laws by S. A. Abid and S. A. Haider.

Ground of penalty: Penalty cannot be imposed unless some material facts do not prove the guilt on the part of
employee. Following are the guilt on the part of employee:

1. Cessation of efficiency.

2. Guilty of misconduct.

3. Commission of corruption.

4. Engagement in subversive (seditious, rebellious) activities.

5. Association with subversive activists.

6. Guilty of the disclosure of official secrets.

7. Retention in service is prejudicial (disadvantageous, injurious, counterproductive) to national security.

Classifications of penalties: Penalties are categorized into two classes, i.e., minor and major penalties. Detail is as
follows:

1. Minor penalties such as: Following are minor penalties:

a) Censure (criticism, condemnation, or disapproval).

b) Withholding of financial advancement such as stop of increment.

c) Stop of promotion.

d) Stoppages at efficiency brain the time-scale.

2. Major penalties: Following are major penalties:

a) Demotion (reduction to lower grade).

b) Recovery of loss caused to government.

c) Compulsory retirement.

d) Removal from service. It does not disqualify from future service.

e) Dismissal from service. It disqualifies from future service.

Holding of inquiry: Inquiry is held in such the following way:

1. Authority may initiate proceedings.

2. Authorized officer by the authority may also hold inquiry.

Powers of Inquiry Officer and Inquiry Committee: Law prescribes following powers to IO and IC:

1. Summoning and enforcing the attendance of the person.

2. Requiring and production of the documents.

3. Receiving evidence on affidavits.

4. Issue of commission for the examination of witnesses or documents.

5. The proceedings under these rules shall be deemed to be judicial proceedings within the meaning of Ss. 193 and
228 of the Pakistan Penal Code.

Appeal: Appeal follows the rules such as:

1. Appeal can be made in the form of writ to authority prescribed.

2. Limitation for appeal is thirty days from the date of communication of the order.

3. Writ is preferred in writing.

4. Writ is set forth concisely the grounds of objection.

5. Writ contains respectful and proper language.

6. Writ is filed with the authority made original orders.

7. Appeal is forwarded to appellate authority within a fortnight with comments.

Hearing of appeal: Following procedure is adopted to hear appeal:

1. Fixation of venue:

2. Fixation of day:

3. Fixation of time:

4. Information to penalty imposition authority:

5. Requiring of record:

6. Regular hearing:

Determination of appeal: Appellate authority has certain powers such as:

1. May dismiss appeal where there is no sufficient ground for interfering exists.

2. May reverse the finding and acquire the accused.

3. May order for further or fresh inquiry.

4. May reduce the penalty.

5. May enhance the penalty.

Second appeal: Second appeal cannot be made in each and every case. It can be preferred only in the cases where
penalty is enhanced by the appellate authority.

Second appeal can be preferred to next higher authority within thirty days of the communication of the orders.

Review (ÓÃBQ j¤Ã): Appeal is not allowed where government has passed original order. However petition can be filed
for revision to government.

Determination of the review is upto the sole discretion of government.

Revision (ÓÃAj•Ã): Government can call the record from any authority to satisfy on the followings:

1. Correctness of the record.

2. Legality of the proceedings.

3. Propriety (fitness) of any finding.

4. Penalty or order recorded.

5. Regularity of the proceedings.

6. Government may order further inquiry.

7. Limitation for revision against punishment or exonerating (acquittal, vindication) is one year.

How inquiry is determined: Only following authorities determines inquiry:

1. Only competent authority under law:

2. Department recommends:

Who can hold inquiry:

1. Competent authority:

2. Officer authorized:

Procedure: Following is the procedure:

1. Composition of Inquiry Officer or Inquiry Committee by competent authority: s

2. Frame of charge:

3. Demand of written statement: It may take seven to fourteen days time period.

Procedure on inquiry: Inquiry Officer or Inquiry Committee holds inquiry. Following procedure is observed:

1. Record of evidence: Upon the receipt of record, evidence is recorded in either way oral or documentary. This
evidence may either be in support or against the charges imposed to civil servant.

2. Cross-examination of witnesses: Where party produces witnesses, opponent party is at liberty to cross-examine
the witnesses.
3. Submission of explanation: Accused is bound to furnish explanation of the charges imposed to him within
stipulated time period. The inquiry officer provides such time limitation. Where accused fails to submit
explanation, further inquiry is proceeded.

4. Regular hearing: Inquiry is held day to day without unnecessary adjournments. Where adjournment becomes
necessary, it can be granted. It shall not be extended beyond a week.

5. Warning on hampering (delay): Where during the inquiry it reveals that accused is hampering or attempting to
hamper the inquiry, inquiry officer or committee may warn the accused to stop such practice.

6. Best suited inquiry: Where inquiry officer feels that warning has no affect on accused, and accused has defeated
inquiry, he may proceed at his option in such a way so that substantial justice can be done. He also records the
finding of disregard of warning.

7. Medical check up upon sickness: Where accused requests for medical leave, a Medical Board shall examine him at
his residence, address of which accused has provided. Leave without sanction shall be considered hampering or
attempt to hamper the inquiry. Leave must be sanctioned for absence on medical grounds. Leave can be granted
upto seven days without the permission of Medical Board where inquiry officer thinks fit.

8. Limitation of completion of inquiry: Sixty days’ time period is provided under law to complete the inquiry. Such
limitation is commenced when accused submits his defense.

9. Submission of inquiry: Inquiry officer has to submit his inquiry within ten days after its completion. The competent
authority may extend period for the submission of inquiry.

10. Penalization of accused: Accused against whom inquiry has been completed and submitted, following procedure
is adopted for his penalization:

a) Determination of inquiry: Only authorized officer may determine whether the charges have been proved
against the accused.

b) Imposition of minor penalty: Where inquiry officer proposes the imposition of minor penalty, authorized
officer imposes such penalty after giving reasonable opportunity of show cause to accused.

c) Imposition of major penalty: Where inquiry officer purposes imposition of major penalty authorized officer
forward case to authority alongwith charge sheet. Before proceeding case to authority, opportunity to show
cause is provided to accused.

d) Where are more accused: Only authority determines whether who is subject of minor or major penalty.

e) Personal presence:

f) Powers of IC or IO:

i) To issue summons:

ii) To take evidence on oath:

iii) Compel to give evidence:

g) Documents which are provided to authority: Following documents are provided to authority for
determination of the major penalty:

i) Charge sheet.
 ii) Statement of allegations.

iii) Explanation of the accused.

iv) Findings of the inquiry officer or committee.

v) Recommendation of the authorized officer.

1. Probation – definition:

2. Kinds:

a) With regard to original appointment:

b) With regard to promotion:

c) With regard to transfer:

3. Original appointment:

4. Deputation:

5. Status under probation:

a) Original: His services either can be confirmed or terminated.

b) Promotion or transfer: Following treatment can be proceeded:

i) Confirmation:

ii) Reversion:

iii) No termination: Because his right of employment has been recognized.

6. Duty under probation:

7. Procedure under probation:

Termination of service without notice: Following are the circumstances under which service of the civil servant can
be terminated without notice:

1. Principles of natural justice:

2. Normal procedure:

a) Corrupt:

b) Notice: s

c) Defence:

3. When without notice:

a) During probation:

Exceptions:
 (1) Where probation of transfer:

(2) Where probation of promotion:

Reasons: Because his right of employment has been established.

b) Ad hoc appointment:

i) Where is no replacement: It requires replacement.

ii) No where is no replacement: There is no termination.

iii) One month’s notice:

c) Abolition of post:

d) Reduction of post: Where post has been reduced then service can be terminated without notice. Junior most
person is terminated first under this criterion.

Principles for out of turn promotion u/s 8: Law provides grounds for such promotion.

1. Promotion: It is a switch over from lower to higher post.

2. Conditions:

a) Maximum qualification:

b) Seniority-cum-fitness:

c) Recommendation of board/committee:

d) Passing examination: If any.

e) Vacant post/vacancy:

3. Kinds of posts:

a) Selection: It is post, which is filled in by advertisement.

b) Non-selection: It is departmental selection.

4. Promotion on selection post: It follows merit.

5. Promotion on non-selection posts:

a) Seniority:

i) Selection through initial appointment: As per merit list, which is, prepared time to time.

ii) Where appointment by promotion or transfer: It is counted from such date.

iii) Seniority lists: They are prepared time to time.

b) Suitability-cum-fitness:

i) Mental capabilities:
 ii) Professional services:

iii) Character:

6. Out of turn promotion:

7. Reasons:

a) Exhibit exemplary intellect:

b) More integrity/diligence:

c) Financial integrity:

d) High standard honesty:

e) Extra ordinary performance:

8. Judicial responsibility: Judiciary decides whether he posses such capabilities.

9. Whether promotion is right:

a) No right:

b) Discretionary:

c) May set examination:

d) Promotion to most senior:

10. Where no promotion on eligibility:

a) Civil suit: Suit can be instituted in civil court provided Service Tribunal is incompetent to hear the matter.

b) High Court: Suit can be instituted in High Court provided Service Tribunal is incompetent to hear the matter.

11. Effects of punishments: Promotion is ceased upon punishment.

Who can prefer appeal: Following are conditions:

1. Who can prefer appeal: Only aggrieved person can prefer appeal.

2. Appeal-able matters:

a) Appointment:

b) Termination:

c) Promotion:

d) Seniority:

e) Retirement:

f) Misconduct:
3. Conditions: Where is not alternative remedy available by the department.

4. Limitation: U/s 4 thirty days limitation is provided. Where review is allowed, appeal is not allowed. Ninety days is
limitation where review is preferred.

5. Where no appeal is allowed:

a) During pendency:

b) Where departmental appeal is allowed:

c) Suitability:

d) Where order is before July 01, 1969:

6. Essentials of memorandum of appeal:

a) Written:

b) Paragraphs:

c) Name of parties:

d) Required remedy:

e) Copy of order of competent authority:

f) Copy of grounds:

g) Signatures:

7. Three copies of each memorandum:

a) In the name of Registrar: Through registered letter.

b) To member also:

c) Scrutiny:

d) Completion of essentials:

e) Dismissal in liminie:

f) May admit and inform:

g) Fee of notice:

h) Contents of notice:

i) Service of summon:

i) Through registered mail:

ii) Proclamation:

8. Objection of respondent:
9. Ex-parte: Where is no reply.
Principles of Administrative Law
Course Contents:

1. The course contents would be General and Basic Principles of Administrative Law, General and Basic Principles of
Law of Administrative Tribunals and the Basic Principles of Law of Civil Service, with reference to Federal statutes
as applicable to Pakistan.

Book Recommended:

1. Principles of Administrative Law – A complete Study by Hamid Khan.

This law is concerned with state power. State is powerful while individual is weaker person. This law is related with
the affairs of public functionaries with common public. It provides remedy to public against the wrongs or their ultra
vires. Government cannot act except in accordance to law. Government has to seek toward the constitutional
provisions, which allows to do or not to do certain acts.

Government may interfere in the life of common man. It may cause either progress or problem. Good governance is a
form of government in which government runs the affairs of state smoothly and upto the entire satisfaction of people.
Constitution, public, fundamental rights, rule of law, democracy, justice are respected.

Bad or mal-governance is reverse of good governance. Dictatorship, disorder, violation, injustice, provisional
constitution order, slavery are the essential elements of it.

Government has unlimited powers which should remain with government but use of such powers makes government
corrupt. Power should not be vested in one hand.

Government employees or servants or public functionaries should be controlled to avoid ultra vires. They may be
restricted to commit wrongs. Administrative law deals with it.

How the government is controlled and how the employees are made efficient? Government is controlled by the
institutions of the government. There are two means to control them, i.e., political and legal means.

Political sources include vote, no confidence, impeachment in presidential system, dissolution of assemblies,
revolution, sedition, agitation, media either electronic or print, articles, public meetings, editorials, reporting while
legal source includes writ petition. Being the student of law we are not concerned with political means. Legal process
is our area of study.

Every institution or public functionary is bound by law to act in accordance with law or constitution. Law must support
their act. Any act of government involving ultra vires can be got declared null and void under Article 4 of the
Constitution. Any act exceeding their powers shall be inoperative or inactive.

Acts of public functionaries include jurisdiction and justification in accordance to law. Government has huge power
and when government decides against someone then only law can protect individual.

If public functionary commits wrong, government institution commits ultra vires then individual either may be torpid
(dormant, silent, taciturnity) or institutes writ petition to enforce his right. Judicial or departmental processes are also
subject of administrative law.

Mere constitution is a dead law but administrative law is spirit of constitution. Constitution brings emerges of
educational institute but administrative law activates and keeps running such institution. Administrative law is not a
law in the sense of legislative enactment but in the form of decisions but legislative and administrative laws have same
applicability in courts.
There are three types of litigation such as:

1. Civil litigation in which both parties are private individuals.

2. Criminal litigation or trial in which government and individual are parties with exception where both parties may
be private individuals in the crimes which is compound-able.

3. Administrative litigation in which individual renders government defendant or respondent.

Individual is at option to bring writ petition when public functionary commits wrong or violates his rights. But
individual leaves not option when government held him accused. He has to protect himself to prove innocence. A
single individual cannot protect his skin solely and here a lawyer helps him out and law profession comes into action
to aid him.

Definition – administrative law: Every law, which lays down relationship between public and executives, is called
administrative law. Any law including the law relating to all constitutional laws, statutory, bye-laws, judicial
proceedings, customs, and policies is called administrative law.

Our administrative law is not only codified but scattered. State acts through her public functionaries. Administrative
law constitutes check and balance. It protects citizen from the cruelty of public functionaries.

To understand the administrative law, theory propounded of Montesque is necessary to understand. According to his
theory following are the main points:

1. Three functions of the government.

2. Three organs of the government.

3. Separation among them.

4. Check and balance.

They must act in their own sphere or areas. This theory limitizes the powers of public functionaries and protects public.
It has seen different changes with the passage of time. This theory also includes separation with two provisions, i.e.,
power should not invest in one hand and there should be no interference to each other. Where more power is granted
there maximum applies “power corrupts and absolute power corrupts absolutely.”

All organs of the government perform their additional functions in addition to their original functions. It minimizes
arbitrary powers reasonably.

Separation

No power should invest in one hand No interference to ensure check & balance

Where there is democracy in truer sense there is no power invested in one hand. There are three organs of
government, which perform three functions. They each also perform two additional functions. Hierarchy is as under:

Government

Executive Judiciary Legislature

 Judicial Legislature Executive Legislature Executive Judicial

Executives perform judicial functions when they hold enquiry and perform legislative functions when they make rules
and regulations.

Judiciary performs executive functions when make appointments and performs legislative functions when make
rules and regulations.

Legislature performs executive functions when make appointments and performs judicial functions when hold
enquiry against judges or the person who commits high treason.

Growth of administrative law: Following are the factors responsible for the growth of administrative law:

1. Increasing responsibilities:

2. Complex legislation:

3. Complexities of judiciary:

4. Public interest in speedy decisions:

5. Law and order situation:

6. Easy methodology:

7. Good governance:

8. Economic growth:

9. Suffering of public work:

10. Law of experts:

11. Objectives of administrative law: Following are the objectives of administrative law:

a) Control of government powers:

b) Remedy to aggrieved person:

c) Equal status of state and public:

d) Effective use of government power:

e) Public utility:

f) Determination of government and public disputes:

g) Determination of social problems:

h) Performance of administration - improvement:

i) Maintenance of Rule of law:

Growth of delegated legislation:

1. Definition:
2. Who grants such power:

3. Against separation of power:

4. Growing factors:

a) Liberty to agencies:

b) Inability of government:

c) Lack of time:

d) Lengthy process of legislation:

e) Incapacity of parliamentarians:

f) Requirement of speedy decision/urgent needs:

g) Law and order:

h) Economic growth:

i) Ever changing society:

j) Suffering of policy work:

k) Technicality:

l) Experience:

m) Complexity:

n) Flexibility:

When all organs perform functions apart from their original functions, it is called quasi function. When constitution
invests power then government cannot intervene in quasi functions of the organs. All executive functions remain
challenge-able.

France follows Droit (legal right) Administrative law while America follows the Administrative Procedure Act, 1947.

Law and order can be maintained by the institution against the institution. They may adopt legal proceedings against
each other. Who should be equipped with the knowledge of administrative law? Every one has to get its knowledge
including private sector, public limited companies, lawyers, students, general public, and politicians etc. Observance
of the administrative law is guarantee of good governance. Understanding of the administrative law plays an
important role in the society. It leaves good gesture in society. People are not bad but bad control makes them bad.

What is administrative law itself? Not only laws but customs, policies, rules and regulations, executive precedents,
judicial precedents are also part of administrative law. Our administrative law is scattered. Adverse discrimination is
legal under Article 25 of the constitution. When arbitrary powers are controlled at political level then legal method
becomes useless. Arbitrary powers are invested to Prime Minister in UK while US President is helpless before
government due to scrutinized system of USA.

Difference between Constitution and Administrative Law: Some of the differences are as follows:
 Constitution Administrative Law
1. Creation of organs 1. Power to organs

Constitution just creates organs with the This law gives powers to organs.
power of delegation.
2. Dead law 2. Alive law.

It is dead law, as it does not operate any It makes institutions active and thus gives
institution. them life.
3. Law of rest 3. Law of motion

This law creates institution at once and It gives movement to the institutions
then gets sleep. once created by constitution and keeps
them operative forever.
4. Macro level 4. Micro level

It deals all things at bigger level. It deals all things at lower level.
5. Limited scope 5. Widen scope

It is limited in scope. It is widen in scope.

6. Skeleton 6. Entire body

It is mere skeleton and remains It is apart from the skeleton and makes it
incomplete. complete. It is fleshy part of the body.
7. Supreme 7. Ordinary

Constitution is supreme law of the land It is ordinary law in nature and cannot
and can cancel other inferior law but no repeal the provisions of the constitution.
law can repeal it.
8. Origin 8. S

Its origin is parliament Only administrative authority creates it.

9. Subject 9. S

It deals with only three organs. It deals with only administrative matters.
10. Power to delegate 10. S

Can delegate powers. Cannot relegate.

Executive function: All the functions of the public functionaries are called executive functions. They are four in kinds
as follows:

Executive Functions

Executive or Pure Quasi Legislative Quasi Judicial Action

Administrative Action
Action

Discretionary Action Ministerial (clerical)

Action
Administrative action: Use of discretionary power is called administrative action. It is such action, which has choice,
option, or wisdom and based upon reason. It is also control-able in accordance to law, which is near to justice so that
no ultra vires can be committed. Powers cannot be used without procedure. Decision, which is based on injustice or
not justifiable, is declared void (ineffective, null and void, non-operative, not binding). Discretionary actions are liable
to discuss in administrative law. What is discretion? Where a person has option or choice from many things is called
discretion and its use is called administrative action.

Discretionary action must not be based on bias-ness. Law of suitability plays effective role in administrative law. It
mitigates the chances of corruption. A person having high qualification is liable to be preferred. Mere seniority is not
enough criteria of judgement. If mere seniority is sole determination point then high qualification shall become
useless. A person cannot be debarred on the grounds of high qualification. Higher qualification is not punishment.
Where minimum qualification is merit, person of high qualification is preferable. Mere high qualification on the
perception of his revert (return to previous condition) is not cause of rejection.

Discretionary actions are also appeal-able on the grounds of violation of principles of natural justice. They cannot be
taken blindly. Justification is the test to use discretionary actions. If they are beyond the law, they can be challenged.
All executive functions are review-able.

Discretionary actions must follow three rules, i.e., suitability, seniority, or election. Law binds administrator. Judicial
process dominates executive functions because executive actions are delegated and judicial process is superior.

Condition of compulsory service cannot be ordered because it forms bonded labour which is against the law. If
consideration of bond has been paid then it would be lawful. Extra benefits provided justify it.

Ministerial action is laborious, without choice, option, and wisdom thus it is not liable to include in executive powers.
Proposal is not choice. Ministerial powers are not subject of administrative law.

Quasi legislation: When rules are made to administer the law and order situation within the limitation prescribed by
law is called quasi legislation thus disciplinary action is termed as quasi legislation rather than quasi judicial action. It
is secondary or departmental legislation. Rules and regulations form quasi legislation. Incoming and outgoing timings,
recess time, leave policy etc., all are examples of quasi legislation. Assembly does not pass these laws, but merely
delegates powers of formulation of rules and regulations to certain departments.

Quasi-judicial action: When decisions are made keeping in view of quasi legislation, they are called quasi-judicial
actions. When a person is terminated from service, fined, punished etc. is called quasi-judicial action.

Delegated legislation: It is a legislation, which is allowed to make rules and regulations under authority. Superior
authority grants this power. Sovereign grants this authority. It should be noted that delegated legislation power is not
liable to delegate it further. It is mere action of superior authority of law making.

Although it is against the theory of separation of power in which each organ acts in its own sphere and do not interfere
in the matters relating with other organs. But despite of this fact, delegated legislation becomes imperative as
necessary to accomplish the needs and wants of the society.

It does not need any ratification. It may be one man rule, which comes into force at once. Process of lawmaking is not
adopted. There are two methods of lawmaking, i.e., formal and informal.

Formal: Under this method, process of lawmaking or procedure is adopted. This is process of legislature. Lawmaking
speed is slow.

Informal: It is just one order. Under this method neither procedure nor ratification is adopted. It is easy and
comfortable method of lawmaking.

Necessity of delegated legislation: It is a modern trend and also honour that maximum liberty be given to subordinate
agencies. Since the birth of a human being till death, everywhere administrative law governs the entire matters of
everybody. It enlarges the role of government. It makes the role of government also extensive. Despite of all things
government remains unable to produce requisite law to control all the routine matters.

Parliament cannot hold session regularly. It has maximum four sessions in a year. Most of its time is passed in dealing
with the matters of executive nature or political. Parliament cannot indulge in bulk lawmaking. It is compulsion on the
part of legislation. Since parliament is handicapped and incompetent to carry on bulk enactment so the detailed
lawmaking authority is handed over to the subordinate agencies.

No time is left for parliament for detailed lawmaking. Every enactment involves lengthy process, i.e., presentation of
bill, handing over it to standing committees, reports, detailed consideration and discussion, voting, signature,
transmission to other house, adoption of the same procedure in the transmitted house, retransmission to the
originated house, transmitted house may make any modification or suggests alterations etc. Reconsideration of bill is
sometimes considered the death of bill. This is lengthy and complex procedure of lawmaking. Parliament cannot
afford detailed lawmaking thus transfers it to administrative authorities. Despite legislation of entire laws, its
delegation becomes imperative for legislation thus she transfers her powers to administration.

People who come in parliament are not generally technocrats and most of them are landlords and fudals. They do not
understand the requirement of bye-laws or subordinate laws. They create merely skeleton or mother legislation. They
are mostly neither educated nor interested and expert in detailed lawmaking. All the time they protect their own
interests. They restrict the imposition of agricultural income tax. They create public functionaries. Public functionaries,
onward work for detailed lawmaking. Parliamentarians assign authority to different bodies, which they create such as
Water and Sanitation Agency, Water and Power Development Authority, Lahore Development
Authority, Punjab University, Capital Development Authority, Accountant General’s Office etc. Since experts run these
agencies therefore delegated legislation vests to them. They make detailed lawmaking to run day to day affairs. This
lawmaking also meets the urgent need of the time.

Legislation remains unable to meet the needs of urgency. She does not know how the papers of students are marked,
how the water and electricity connection is disconnected and restored, how the account in bank is opened and closed,
what shall be the rate of profit (interest) etc. Only concerned departments can make such rules to meet their
requirements.

Society is ever changing and requires up-gradation every time. It is very difficult for legislation to meet the requirement
of the society. Only relevant agencies can fulfill this requirement therefore they are empowered to do so to satisfy the
need and wants of society rapidly.

This is the age of economics and economics need rapid decisions. Complex lawmaking procedure cannot meet its
urgent demands however it may cause hurdle in economic growth and development. Prosperity and progress need
decisions on spot.

Indulgence of legislature in ordinary lawmaking restricts it in the policy work. Where policy work suffers, routine work
badly affects. Law of parliament cannot be changed till its next session. In order to overcome this situation this power
is delegated. It follows easy ways to enact laws. Complex procedure is not adopted for enactment thus it meets the
urgent needs of society.

Separation of power:

1. Definition:

2. Organs of government:

a) Legislation:

b) Executive:

c) Judiciary:
3. Theories:

a) Prevention of liberty:

b) One organ and one power:

c) Non-interference:

d) Discharge of own duty:

4. Defect of separation of power:

a) Impossible apparent separation:

b) Obstruction in administrative law/growth:

c) Historically wrong:

d) Hindrance in welfare of state:

e) Obstruction in speedy legislation:

Modes of law making: There are two modes of law making. Under one mode such power is delegated to sole authority
while on the other hand body exercises this power. These modes are categorized as formal and informal legislation.

1. Formal quasi legislation: Where law making power is vested to body or group of persons and they are made bound
to make law with unanimous or majority decisions, it is called formal quasi legislation. Mother legislation vests this
power. Rules are made in the process of formal quasi legislation. Bodies make them. They are not made upon the
wish of single person.

2. Informal quasi legislation: Where one person is authorized to make law is called informal quasi legislation.
Authority derives this power from Enabling Act. Notification and circulars are kinds of informal quasi legislation.
Lengthy process is no requirement for the process of law making. They are, some times, made on trial basis.
Withdrawal of this quasi legislation is easy.

Classification of delegated legislation: What will be name of law enacted? Enabling Act provides such provision
whether it will be termed as rule, regulation, bye-law etc. In certain circumstances authority is empowered to
determine the nomenclature of the law. Authority determines own at her wish. Following are the title based
terminologies, which are used to differentiate the things:

1. Rules: The term “rules” is defined in the General Clauses Act, 1897, as made in exercise of power conferred by any
enactment and includes regulations made as “rules” under any enactment. These rules may be made applicable
to a particular individual or to the general public. It may include rules of procedure or the rules of substantive law.

2. Orders: Under this category, general principle is laid down. This term has two kinds, quasi-judicial decisions and
legislative decisions. As far as former is concerned, it is administrative lawmaking process while latter is
administrative action. Orders have also its two kinds, i.e., binding and non-binding. It is such type of administrative
action, which refines the policy.

3. Regulations: General Clauses Act defines the laws and nomenclatures. Rules include the regulations. Government
may make rules for detailed legislation. This power fixes the date for the enforcement of an Act or to grant
exemption from the Act or to fix prices. Generally government departments and autonomous bodies make
regulations such as Water and Development Authority, Punjab University, Pakistan International Airline, Water
and Sanitation Authority etc.
4. Schemes: Such legislation, which gradually enforces, e.g., Wahdat Colony scheme etc. Under this category law
authorizes the administration to lay down a framework within which the detailed administrative action is to
proceed. One package is introduced which is granted in parts. How the seats in university shall be filled in is
another instance of scheme.

5. Circulars: Banking or financial institutions issue circulars to inform public certain actions such as National Bank
of Pakistan, Central Board of Revenue, State Bank of Pakistan etc.

6. Notifications: It is same as instructions. Government issues notification to inform public its decision such as
holidays or ban or permission on double pillion. Financial institutions, banks, Central Board of Revenue etc. issue
notifications.

7. Bye-laws: This term is used for the ruling of the semi-government authorities established under the Acts of
legislature. Local government enacts bye-laws.

8. Directions: This rule making power may be recommendatory or mandatory. Under mandatory, these have the
force of law.

9. Instructions: Act of administrative authority in which directives are issued is called instruction. Under this quasi
legislation kind attention is diverted toward certain issue. This quasi law making does not afford exception and
has effect over entire subjects. It is permanent in nature. All the employees having qualification B. A. shall be given
allowance of Rs. 700/- is general law thus is covered under instructions.

10. Statute: It is Act of assembly. There are exceptions to this rule. It can also be delegated to autonomous bodies
such as Punjab University. Syndicate of every university makes statue.

Need of distinction: Different names are used to differentiate purpose and the agencies, which pass them. This
distinction is not necessary but creates convenience of understanding. Neither uniform formula of nomenclature nor
the specific name is binding. It is the sweet will of parliament whether she differentiates among them or not. It is not
binding on parliament to follow any procedure for distinction. Parliament can do everything whatever she wants.

Abuse of power: When parliament gives power to subordinate agencies then it goes against the concept of separation
of power. It is general opinion that this power may not be given to departments because they may exploit the people.
Rights of citizens are affected badly. People gives mandate to the elected people. Elected people represent common
people. They are generally considered trustworthy. They take interest in lawmaking. They are accountable. They can
be questioned. Their mandate is reviewed at the time of elections. They protect public interest. Pubic may control
them. Parliament makes basic law. Parliament makes law to hold Ph. D.

People to whom power of legislation is delegated are non-representative. They are bureaucrats and technocrats. They
are highly qualified, experienced, and skilled. They are educationist, doctors, engineers, accountants, and lawyers, etc.
Despite the above attributes they do not take care of public interest, generally. They are not accountable. They cannot
be questioned. They do not contest in election but undergo from selection. Public interest is no more important in
discharge of their obligations and performing duties. Public has no control over them. They create detailed law. They
frame detailed law as to how admission shall be given in Ph. D. They frustrate the law or makes law in their own favour.

There was a Noor Khan, horse keeper, the personal servant, resident of Chakwal, having 53 years experience, engaged
with an English man during their occupancy over Sub-Continent. English man published an advertisement stating the
same qualification meeting with Noor Khan. There was only Noor Khan who could meet the requisite qualification. In
such a way bureaucracy exploits the public. They make schemes in such a manner therefore schemes are failed.

In Mustafa Town, residential scheme for the teachers of Punjab University was introduced with such conditions so
that opponent teacher may not get its benefit. Therefore scheme could not get its ultimate objectives. There is no
check over the powers of administration. They do not require ratification of their enactment. Their enactment does
not undergo from different stages. Their rules are not published and made part of cupboards.
Control of delegated legislation: There are certain checks, which control the powers of administration with regard to
delegated powers. They are as under:

1. Parliamentary control: Enabling Act of parliament provides such provisions which delegates and controls the
powers of administrative authorities. Authorities draw their power from Enabling Act of parliament. How powers
shall be exercised and what procedure shall be adopted to exercise such powers is provided in Enabling Act. In
other means all authorities have to follow Enabling Act in all respects which control them. This defines all
procedures. Practically this control is inactive so far.

Parliament is the superior authority in state, which makes laws. This is the parliament, which delegates certain
powers of law making to authorities through Enabling Act. Enabling Act provides all powers, authorities,
definitions, and area to act, making the Act comprehensive. All authorities have to follow the Act. Neither blind
power is delegated nor it is left unchecked. Conditions are imposed. Limits are provided. Which power is not
exercised in such a manner provided in law and does not conform it, has no validity thus is null and void.

Law making is very lengthy and complex process. It involves readings, standing committees, amendments
proposed by members, voting and transmission to other house, joint session, reconsideration, and finally assents
of president etc. Legislation cannot afford to follow this process for each and every law required to run day to day
affairs, therefore, this authority of law making is delegated with certain provisions to avoid its abuse.

Ratification is another parliamentary control over the delegated legislation. All authorities have to get ratified their
legislation from legislature. This provision is provided when powers are delegated. Some time no entire house
ratifies it, but merely committee of the house considers it. Simple majority is required to ratify it.

Question and answer process during the interval period in parliament is also a check, which controls the arbitrary
powers of delegated legislation. Concerned minister has to answer the question.

Private members also can put questions and amendments before voting for ratification. They critically examine
the requirement of the law being ratified. They may also object the contracts such as motor way, high way, and
housing schemes etc.

Private members not only put questions but also may put private bills, which is effective control over the
delegated legislation.

Motion of no confidence is another check to control arbitrary power but this action is not taken so far in Pakistan,
but as far as provision of the control of arbitrary powers are concerned, it is a way to do so.

2. Judicial control: Personal relief to the aggrieved party is granted in judicial process. Whoever makes writ takes the
advantage of relief.

This control comes, under four categories. They are as follows:

(1) If delegated legislation is against constitution: Delegated legislation may be ultra vires the Constitution.
Legislation declares such legislation null and void after its due consideration.

(2) If Enabling Act is against constitution: Delegated legislation may be ultra vires the Enabling Act. This ultra
vires goes against the Constitution. Legislation declares such legislation null and void after detailed going
through.

(3) If delegated legislation is against Enabling Act: An instrument of subordinate legislation may levy no tax,
fee, or other pecuniary imposition unless the Enabling Act specifically authorizes such imposition. Where the
statute authorizes a local authority to levy tax on buildings on the basis of the “annual rental which a
hypothetical tenant may pay in respect of the building”, the authority cannot make a rule authorizing levy of
tax at a uniform rate according to the floor area of the premises, irrespective of its letting value.
 (4) Unreasonableness of delegated legislation: Another aspect of substantive ultra vires of delegated
legislation is the question of its reasonableness. If the law enacted is unreasonable, courts declares it null
and void after due investigation.

3. Procedural control: Parliament lays down the procedure by which abuse of administrative power is controlled.
Procedural control mechanism has the potential to meet the above noted requirement by allowing specific audit
of rules by those for whose consumption they are made. Procedural control mechanism operates in three
components such as antenatal publicity, consultation, and postnatal publicity.

(1) Antenatal publicity: It is communication to interested groups before enactment. Publication attracts
suggestions or proposals etc. What shall be punishment of offence, what shall be examination criteria, what
shall be study hours, what shall be the degree name, are the instances in which prior communication to
interested parties is made.

(2) Consultation: Where procedure lays down the prior consultation with potential victims, it must take place
before enactment. S. 22(f) of Industrial Relations Ordinance, 1969, provides such power to commission for
the enactment with prior consultation of government. It is a democratic process thus increases acceptability
and affectivity. Where obligatory consultation is not made, enactment is declared null and void. President,
Vice Chancellor, Federal Government, Provincial Government has to consult with their respective bodies
before going into legislation. These institutions are presumed guardians of their respective subjects. Answer
of this consultation may contain only yes or not.

(3) Postnatal publication: Under this mode, communication to public at large is made after the law has been
made in its final shape. For example, prospectus is provided to students before awarding the admission. It
contains laws, which have been made thus communicated to those over whom they shall be applicable after
getting admission.

Postnatal communication is a necessary element in the rule making process because the dictum that
ignorance of law is no excuse is based on the justification that laws are accessible to the public.

Judicial review: General principles of law are applicable to judicial review, in respect of executive acts. Judicial review
prevents the abuse of administrative powers. If administrative powers are abused what remedy shall be available?
Where option is available there abuse of power exists. Judicial review controls arbitrary powers. It confines or limitizes
the use of arbitrary powers. It also ensures its fair use and provides justice against abuse, if any.

The scope of judicial review has often depended on whether a given function is classified as judicial or administrative
in nature. The functionaries of State derive their powers from the Constitution or laws and are required to act clearly
within the defined parameters of law.

In administrative action, question whether rights are given or not arises but as far as judicial review is concerned, right
cannot be taken away. Where administrative action takes away the right, judicial action declares it void. Quasi action
may declare someone blacklist. Where someone is deprived from his rights, reasons are mentioned. Someone can be
terminated from service. Grant of license or induction is vested right of administration.

In judicial process opportunity is provided to aggrieved party. Allegations are proved on evidence. Judicial review
follows procedure.

Executive action does not follow any procedure. Procedure may cause delay in action, which may result in loss.
Omission of procedure is guarantee of expedience of action. Embargo cannot be imposed on discretionary powers.

Judiciary can declare appointment void if irregularity is observed but cannot name the person to appoint. Right of
appointment again vests to administration. Within limit of law, any person can be appointed. Suitability can also be
preferred. Judiciary cannot interfere in such matters. Discretionary powers solve day to day problems. Illegality in
administrative action makes it void.
1. Error of jurisdiction: When decision is made beyond the limit of law or authority is called error of jurisdiction.
Where order is made without having any authority is error of jurisdiction.

2. Error of procedure: Where particular method is not applied in doing particular thing is called error of procedure.
Where appointment is made without advertisement and call of applications contains error of procedure. Violation
or omission of procedure is error of procedure. Where procedure is not adopted or wrongfully used?

a) Mala-fide: Different motives make the administrative action mala-fide. Acquisition of land for the purpose of
public benefit is right justification but its use for commercial purpose is mala-fide. Immediate purpose if proved
remote comes under mala-fide. Where dishonesty is committed is mala-fide. Benefit given to one on the price
of loss to other is mala-fide. Transfer is the right of administration, but transfer cannot be made for the
adjustment of blue eyed person. Where there is discrimination there is mala-fide intention.

b) Improper purpose: Anything, which is taken for specific purpose should remain for that purpose. It should
not be utilized for any purpose for which it was taken. Specific purpose should be taken into account. If land
is acquired for the construction of grid station, it should be used for the construction of grid station.
Construction of golf club or residence is improper purpose for which land was not acquired. If the specific
purpose is not met, decision can be pronounced void. Any act of public functionary is supposed within the
limits of law. Any person, who alleges it in contravention to the policy, should prove its illegality or improper
purpose. The power given to public functionary is administrative autonomy for expediency. Administrative
autonomy should not go beyond the limits of law. Ultra vires can be challenged and got declared void, but
remedy is not provided. Here law does not mean the Act of Parliament but mere judicial precedents.

c) Irrelevant consideration: Consideration of the act must be relevant. Act must be interconnected. If a
subscriber applies for the connection of telephone connection and authority imposes condition that
connection shall be provided if he let department allow passing cable from his house is irrelevant
consideration. If college authority refuses to make card for students on the reason that sufficient staff is not
available is irrelevant. Arrangement of staff is duty of college and not of the students.

d) Relationship of the facts to consideration: Any matter, which is being considered, should be relevant and must
have some relationship. If police can make peaceful apprehension, use of force leads irrelevancy. If alleged
accused runs away and avoids apprehension, then police can use force to arrest him. Such use of force has
relationship of the facts to consideration.

e) Mixed consideration: Executive authority exercises power. Reasoning of use of power may or may not
relevant. Relief is granted where consideration is mixed with relevancy and non-relevancy. If sewerage facility
is provided due to avoidance of public nuisance and nearness of office is termed as mixed consideration. If
sewerage is provided due to avoidance of public nuisance it is relevant consideration. Where sewerage is
provided due to nearness of office is irrelevant consideration. Where both considerations are put together is
called mixed consideration.

f) Ignoring relevant consideration: Where strong relevant factor is ignored and less important factor is
considered is called ignoring relevant consideration. Irrelevant matters are taken into account rather than
relevant ones. Where societies are formed in college based on interview and experience of individuals and the
experience considered is short in the presence of long experience, it is called ignoring of relevant
consideration. It is challenge-able. Defective selection is liable to announce void.

g) Colorable exercise of power: Any abuse in nomenclatures with colorable exercise of power. Any abuse gives
its own colour.

h) Un-reasonability: Every action should be reasonable. All people must be treated equally. Treatment of one
should remain with others. Equity & equality is justice. Confirmation of employee is discretion of
administration but causing delay in confirmation without any reasonable cause is unreasonable. Also
 discrimination in confirmation is abuse of power. Where other employees are confirmed after successfully
completion of probation, no one should be left alone.

i) Refusal of discretionary power: Where law gives powers but it is not used with own determination is called
refusal of discretionary power.

i) Non-consideration of the matter of the authority itself: Where higher authority passes out of turn order
to do something and lower authority accepts such order irrespective of discretionary power is termed
refusal of discretionary power.

ii) Acting under dictation: Where authority having discretionary powers fails to act upon own determination
and interference of others decides matter is denoted acting under dictation.

iii) Imposition of limitation on the discretionary powers: If the action is taken blindly without hearing of other
party is called imposition of limitation on the discretionary powers. Where policy negates discretion comes
under this heading.

iv) Acting mechanically: Every officer is bound to examine carefully whichever he has to sign. If he relies upon
junior and signs without examining the document is action mechanically. Where use of mind lacks is
mechanical act. Mere signatures are insufficient. Noting is necessary which shows consideration before
approval. Grounds of approval should be mentioned own.

3. Error of judgement: Decision by the Quasi-Judicial Authorities not based on reason, i.e., unreasoned decision.

a) Absence of the principles of natural justice: Administrative decisions are based on the principles of natural
justice. Where these principles are not adopted, judgement remains with error.

b) Decision made having mala-fide intention: Where judgement is made prior to hear matter under dispute is
termed mala-fide intention to pass judgement thus void.

i) Personal interest: Where justice admits personal interest of the authority passing it is personal interest
thus it is error of judgement. Judgement must be without having personal interest. Personal interest
weakens the essence of justice.

ii) Prejudiced: Where an employee makes complaint against higher authority and higher authority ceases his
electric or water supply, it is termed as act with prejudice thus comes under error of judgement. It may be
of two ways as under:

(1) Decision made not in accordance with law: Law is total ignored and judgement made lacks application
of law.

(2) Decision falls only on the sweet will of Quasi Judicial Authorities but not on law: Not only law is
ignored but decision is made merely on the sweet will of the management.

(3) Abuse of administrative autonomy: Every decision by such authorities has the respectful status in the
eyes of Court except if such authorities cross the limits of law/commits ultra vires of the law.

Judicial review of administrative action:

1. What is judicial review:

2. Why judicial review:

3. When review is made:

 a) Re-delegation:

b) Acting under dictation:

c) Want of jurisdiction:

d) Irrelevant consideration:

e) Mala-fide action:

f) Improper use of power:

g) Avoid principles of natural justice:

h) Personal liking:

i) Personal interest:

4. Limitation of review:

a) Avoid replacement of administrative action:

b) Avoid imposition of opinion:

c) Confined review on question:

d) It is not appeal but circumstances:

5. Object of review:

a) Prevention of excessive use of power:

b) Protection of constitutional rights:

c) Discourage of abuse of power:

d) Establishment of rule of law:

e) Prevention of alternative legislation:

f) Preference of duty on interest:

g) Adherence of principles of natural justice:

Remedies against abuse of judgement: Whoever uses discretionary powers either delegated legislation or rule
application or quasi-judicial may abuse such power. Law provides remedies against abuse of such powers. There are
three types’ of remedies, i.e., quasi-judicial, constitutional, and Ombudsman.

1. Quasi-judicial remedy: It is a remedy, which is available against the administrative actions. It is available in tribunals
and internal inquiries. Executives itself establish tribunals. Jurisdiction of tribunal is beyond judicial jurisdiction.
They are under judiciary but judiciary does not interfere in the matters pending therein. Appeal lies in High Court
against the decisions of tribunals.

2. Constitutional remedy: Constitutional or judicial remedy is available where any irregularity is committed in
executive and judicial matters. Five writs are available under Article 199 of the Constitution.
3. Ombudsman remedy: This right is available where aggrieved party leaves to institute suit in civil Court. Any
individual grievance can be invoked in the office of Ombudsman. Individual cannot approach Ombudsman directly
unless he does not approach relevant authority. Proof of application to concerned authority must be produced.
This office has not coercive means to enforce its decisions but mostly decisions are obeyed. Procedural law is not
applicable in this office. Order of the Ombudsman becomes the base of writ if not complied with.

Natural justice: It is a theory of law based on good consciousness, honesty, equality, truth, uprightness, good faith,
fairness, ethics, and morality etc.

According to the Osborn’s Law Dictionary, natural justice is defined as the rules and procedure to be followed by any
person or body charged with the duty of adjudicating upon disputes between, or the rights of other, e.g., a
government department.

Natural justice is permanent in general. It is revealed by Almighty Allah and preserved in Quran. It is unchangeable and
beyond the formulation of man. It has permanent values. It cannot be altered as with the man made law is.

The chief rules are to act fairly, in good faith, without bias, and in a judicial temper, to give each party the opportunity
of adequately stating his case, and correcting or contradicting any relevant statement prejudicial to his case, and not
to hear one side behind the back of the other. A man must not be Judge in his own cause, so that a Judge must declare
any interest he has in the subject matter of the dispute before him. A man must have notice, of what he is accused.
Relevant documents, which are looked at by the tribunal, should be disclosed to the parties interested. In short, not
only justice should be done, but it should be seen to be done.

A quasi-judicial authority adopts the principles of natural justice while discharging the matters in decision making.
These principles are not applicable in courts of law. This law is binding for quasi-judicial authority. This law is exercised
during the determination of public right particularly when it is taking off. But where the legal justice is exercised there
principles of natural justice do not apply. Where such principles are not followed, decision made by the authority is
declared null and void.

On the other hand legal justice involves the provisions of law enacted by legislature and followed by the civil and
criminal courts. It is applicable only in courts of law and not elsewhere. It consists on man made laws which are altered
as and when required. They follow legal procedure violence of which renders them illegal.

Procedure on natural justice: Application of natural justice remains defective if the following procedure is not applied:

1. Notice: This is the summoning the other party. Rule of natural justice includes proper notice to be served to the
party, opportunity to be given to the party of hearing and defence.

2. Communication of allegations: Allegations imposed must be communicated to the party. No one should be
surprised. Allegations should come into notice of the person who has to defend his case.

3. Fair right of hearing: There is a maxim “audi alteram partem” means hearing of the other side. No one should be
condemned being unheard. It is one of the principle of natural justice. Hearing should be detailed and opportunity
of hearing in writing should also be given. Reasonable time is given for inquiry. Normally 7 to 14 days are given to
hold inquiry. Place where hearing is to be conducted should also be reasonable. It may either be place of working
or office of the inquiry officer. Officer of the same department should avoid holding inquiry. Respondent is
provided full opportunity to express himself. Production of witnesses and cross-examination to witnesses is also
one of the requirement of the principles of natural justice. Opportunity of documentary proof is provided.
Unnecessary discussion is not allowed. The courts have held that giving notice to the party concerned is not
adequate in all cases. The party should also be afforded reasonable opportunity of producing his defence.

4. Communication of judgement: Once the case has been decided, its communication is made to respondent. Secret
decisions are not allowed. Reasons are also communicated on which decision is made. Mere communication of
 decision is insufficient if the reasons are not attached with it. Appeal to higher authority is made within ten (10)
days.

5. Rule against bias: Judge cannot be Judge of his own cause. There are three kinds of biases such as:

a) Personal bias: Where Judge commits favourism due to any reason certain or uncertain is called personal bias.
It may be due to personal friendship, family relations, personal and vocational relationship, or employer and
employee relationship etc.

b) Official bias: Where proof of personal ill will lacks but abnormal desire is proved to uphold a particular
departmental policy which would prevent an impartial adjudication of the dispute is called official bias.

c) Pecuniary bias: Where Judge himself derives some financial benefits from the litigants, it is said that Judge
cannot be qualified in such type of cases.

6. Right of higher authority: Right to investigate the case is the right of higher authority as compare to the
defendant. Inquiry officer must be senior officer. Whoever qualifies being a senior or higher is the question of fact
and not of law. Person having equal or lower position cannot determine the rights of others.

This is the procedure which quasi-judicial authority has to follow. Violation of this procedure renders the decision null
and void.

Remedies against quasi-judicial decision: Law prescribes following five remedies as against quasi-judicial decision:

1. Extra ordinary judicial (public) remedy: This is also termed public remedy or remedy of High Court and Supreme
Court. Articles 184 and 199 of the constitution govern this type of remedy. Law prescribes five prerequisites to
avail this remedy as such:

a) Locus standi: It means the person who has the right to knock at the door of the Court. A place of standing.
The right to be heard in Court or other proceedings. Followings are eligible to get this remedy:

i) Aggrieved party: Under Article 199 of the Constitution Certiorari, Mandamus, and Prohibitory writs are
available for the party whose legal rights are violated due to act of public functionary. Violation of legal
right either directly or indirectly leads aggrieved party to go to High Court. This prevents the multiplicity
of litigation. This is notable that only aggrieved party is capable to avail this sort of remedies. Where some
loss is proved which is not too remote but proximate, this writ is available.

ii) Any person: Under Article 199 of the Constitution Habeas Corpus and Quo warranto are available.
Application to High Court is converted into writ. It is applicable in the cases where interest of particular
locality is suffered. Only the person from such locality is subject to bring writ.

It is related to the suffering of particular locality and only the person from that locality may bring writ
against public functionary. Person from remote area cannot bring writ.

iii) Suo motu: This is the action of Court either at its own motion or on application. This remedy is not provided
under constitution but inherent powers of Court govern it. S. 561 – A of Code of Criminal Procedure deals
with it. Also S. 151 of Code of Civil Procedure deals it.

iv) Public interest litigation: This type of remedy is different than of all. Where aggrieved party exists but due
to any problem, it is not able to put writ petition, there any relevant party comes to assist him in litigation.
Person living in Peshawar cannot move writ petition for the aggrieved person at Lahore. It is discretion of
Court to provide remedy upon the recognition of right. Any lawyer can move writ petition where WASA
commits default in filling of pits on roads made during line lowering. Lawyers himself are not aggrieved
party in a case where they put writ to Court for public benefit.
 Mere suffering of one is person is insufficient. There must be suffering of some other persons. Demolition
of post office from the present location of Gulberg near Home Economics College to another is one
of example. Writ was issued without remedy.

People who were suffering with the pollution arising out from Margalla Hills were shifted to another place
in result of writ made by the social society of Islamabad.

b) Alternative remedy: What a person shall do where a public functionary commits wrong? He has to move writ
for review. But writ for review cannot be moved until the civil suit, Ombudsman, and administrative remedies
are not exhausted. Where justice is slow and expensive and no effective remedy is available, alternative
remedy fills the space. Direct approach to High Court is discouraged. Alternative-remedy without adequate
remedy is denial of justice. Upon the commission of wrong of public functionaries, remedy provided by
Ombudsman and civil courts are not considered sufficient.

Article 199 of the Constitution and S. 9 of Code of Civil Procedure, debar to Civil and High Court to hear case
where writ jurisdiction lies to tribunal. Where employee is bound to invoke to Punjab Civil Service Tribunal, he
cannot make writ to Civil or High Court. Direct approach constitutes contempt of Court.

c) Discretionary remedy: According to Code of Civil Procedure all suits nature of which is civil should go to civil
courts except which are expressly or impliedly barred. Sometime judiciary recognizes the right but remains
fail to provide remedy. Dissolution of governments has always been opposed without remedy to the
government dissolved. This can also be termed remedy without remedy.

d) Doctrine of Laches: It means negligence or unreasonable delay in asserting or enforcing a right. The equitable
doctrine, that delay defeats equities, or that equity aids the vigilant and not the indolent. A Court of equity has
always refused its aid to stale (old, dry) demands, where a party has slept upon his rights and acquiesced
(agree, comply, consent) for a great length of time. Nothing can call forth this Court into activity but
conscience, good faith and reasonable diligence, when these are wanting the Court is passive and does
nothing.

When an equitable right is analogous to a legal right, which is subject to a period of limitation in brining actions
to enforce it, the Court of equity may by analogy apply the same provision to the equitable right.

e) Illegality not unsuitability: Only question of law, e.g., Public Functionary posted a person to do job on rotation
basis, he cannot file a petition in Court that this job is not suitable for him. But where authority transfers a
person mala-fide, he can file petition in Court and challenge such mala-fide intention but it should be appeared
on the record.

i) Either law determines the rights and duties or not: Court can interfere where rights and duties both are
involved.

ii) Not on the question of suitability: Suitability is not the sole methodology to determine promotion, but it
can be the point of determination.

f) Relief if public functionary commits ultra vires of the law: Where public functionary remains fail to implement
law and commits ultra vires of law, he is liable to punish.

g) Court cannot resist public functionary but in case of ultra vires of the law: Under discretionary power of the
public functionaries, Court cannot interfere in their matters but only can divert their attention to prevent the
commission of wrongs.

h) Court cannot replace the administrator’s discretion: But only on the merit/illegal act.
 i) Decision by Court only dependable on illegality by Public Functionary and not suitability: Where public
functionary commits wrong so far as legality is concerned, Court can prevent them in doing such thing but
suitability is apart from the jurisdiction of the Court.

2. Ordinary judicial (private) remedy: Section 9 of Code of Civil Procedure provides such type of remedy.

3. Administrative remedy: Higher authority of the same department or organization is referred to do justice.
Termination of three students from Punjab University Law College can be referred for review to Vice Chancellor
who is the highest authority in the university.

4. Tribunal remedy: High Court is not directly approached until the higher authority has not been exhausted before
going to Court.

5. Ombudsman remedy: This remedy is available for all cases which are individual in nature. Where case is pending
in Court of law, this office is unable to hear against such case. Parallel or simultaneously remedies are not provided.
Before going to Ombudsman, it should be proved that chance of relevant authority has been availed.

Public remedy: Under Articles 184 and 199, no discretion is allowed. Courts are bound to give decision. Relief may not
be granted. Limitation does not matter, either in writs and criminal cases. They may be brought in Court within
reasonable time period.

Public functionaries have right to decide cases. Courts have no right to interfere in their functions. Court may declare
their decisions null and void but in all cases, public functionaries have to settle cases and not the courts. Also they
have to adhere the limitation of law. They enjoy administrative autonomy. They determine suitability in public interest.
Relief is granted where ultra vires are committed. Courts do not substitute or replace the decisions of public
functionaries but may declare void.

Writs under Constitution: Public remedy means the remedy as against the public functionaries. They are five in nature
by law as follows:

1. Mandamus: It reveals from mandatory. It means, “we command”. A high prerogative writ which issued in the
King’s name from the High Court of Justice on application to the King’s Bench Division, to some person or body to
compel the performance of a public duty, where no other effective means of redress was available. It has been
replaced by an order of mandamus.

Under this writ, Court orders to public functionary to act in such a manner complained. It binds public functionary
by law to do certain act necessarily. If he refuses to do, writ of mandamus is instituted. It was issued against Army
Courts during the regime of Nawaz Sharif.

When issued: When public functionary fails to do which is his duty.

Object: It objects to compel the public functionary to do duty or certain thing.

Against whom issued: Public functionary who negates his duty to do.

Who may apply: Any aggrieved person may apply for the issuance of this writ.

2. Prohibition: It is reverse of mandamus. Under this writ, Court binds the public functionary not to act in such a way
complained against. Where public authority acts, which is prohibited, writ of prohibition is issued. Court prevents
authority to do certain act. It is just like stay order.

A writ formerly issuing out of the High Court to restrain an inferior Court from exceeding its powers. Prohibitions
were of three kinds, i.e., an absolute prohibition was peremptory, and wholly tried up the inferior jurisdiction, a
temporary prohibition (a prohibition quousque) was operative only until a particular act was done, and was ipso
facto discharged on the act being done, a limited or partial prohibition (a prohibition quoad) extended only to that
 part of the proceeding which exceeded the jurisdiction of the inferior Court, allowing it to proceed as to the
residue.

Meaning of prohibition: It means not to act in such a way adopted.

When issued: When public functionary having no powers to do certain thing.

Object: It objects to keep in limits the public functionary.

Against whom: It is issued against public functionary to whom prohibition is required. It is not issued against
private person.

Who may apply: Any aggrieved person may apply.

3. Habeas corpus: It is illegal detention made by public functionary or government official. High Court orders writ for
production of the person so detained.

Where a private person makes such wrongful detention or restriction, it amounts kidnapping thus the writ of
habeas corpus cannot be got issued.

S. 100 of Code of Criminal Procedure empowers Magistrate for the issuance of orders for the search of person
wrongfully detained.

It is a prerogative writ directed to a person who detains another in custody and commands him to produce or
“have the body” of that person before the Court.

Meaning of habeas corpus:

When in illegal custody:

When in government custody:

Order against whom: Government and private.

Who may apply: Everyone may apply for the issuance of writ of habeas corpus.

No in criminal cases:

4. Quo Warranto: It is a common writ against any public functionary as to why he has acted without jurisdiction or
authority. His action is mala-fide. His action is declared as void if not justified before law. When power or authority
is used without any lawful justification then writ of quo warranto lies. Constitution of Army courts during Nawaz
Sharif’s regime is one of example whose nullity was declared under this writ. Where any appointment is made
without lawful justification is also subject of this writ.

Meaning of quo warranto: Act without jurisdiction. How you posses jurisdiction? As to why you have acted
without jurisdiction?

When issued: When appointment is illegal.

Against whom issued: Can be issued against Prime Minister, Advocate General, Judges of High Court, Attorney
General, Speaker of National Assembly, Chairman of Senate, and Accountant General.

Object: This objects to discourage the illegal possession of position and act without jurisdiction.

Who may apply: Any aggrieved person may apply for the issuance of writ of quo warranto.
5. Certiorari: A writ directed to an inferior Court of record, commanding it to “certify” to the Queen in the High Court
of Justice some matter of a judicial character. It was used to remove civil causes or indictments from inferior courts
of record into the High Court, that they may be better tried, or if there has been abuse or error, re-tried.

Every administrative action is review-able except in two cases, i.e., disciplinary forces such as police, army, airport
security force etc. and tribunal cases. In two cases right of writ is not available.

What is certiorari: Request for the record of case. It made by a High Court to lower court that previously reviewed
the case.

Private remedy: This is also called ordinary civil remedy. When case is tried in civil Court then remedy of High Court
extinguishes. These remedies are available in UK and USA frequently but not available in Pakistan and India.
In UK and USA public functionary can be sued as common person. In Pakistan lengthy process is involved into it. Two
months’ notice is required to public functionary before going to Court. Head of Department responds in relation to
notice. If such permission is not granted, no suit shall lie. State affairs are protected and kept concealed from
disclosure. These both are also called judicial or constitutional remedies. Rests are called quasi-judicial remedies.

District Judge has not sufficient powers to compel public functionary to produce relevant record. High Court may
require such record. Institution of suit against public functionary is not easy job. There are three types of private
remedies available against the wrong committed by public functionaries. These can be categorized as follows:

1. Declaration: It declares the act of public functionary void. Since the act is wrong thus declared void. It merely
declares right.

The origin of declaratory action in English law is said to be equitable. A declaratory action signifies a judicial
remedy, which conclusively determines the rights of the parties. Any person entitled to any legal character, or to
any property, may institute a suit against any person denying or interested to deny, him title to such character or
right. And the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff needs
no in such suit as for any further relief.

Declaratory suits can also be filed against government bodies, local authorities, and statutory authorities. Grant
of declaratory decree is a matter of discretion with a Court. A party who comes to the Court with unclean hands
is not entitled to declaratory decree. Declaratory relief can be refused where the declaration sought appears to it
either useless or anfractuous one (turned into the wind).

2. Damages: Damages are available in civil courts against public functionaries. They can be prayed as in tort. Where
fine is imposed to public functionary, it causes their dismissal from service. Damages do not cause removal from
service.

In Pakistan and India, a distinction is drawn as a result of the historical developments between the local authorities
and the statutory corporations, on the one hand, and the state, on the other for the purposes of an action for
damages.

3. Injunctions: Order 39, Rules 1 and 2 of Code of Civil Procedure govern injunctions. Perpetual injunctions are
granted under Specific Relief Act. It is merely prevention to do certain act, which is prohibited. It is prohibited
in UK under Crown Proceedings Act, 1947. But these are granted in Pakistan. They are not considered as effective
remedy. Civil Court may issue injunctions against public functionaries.

Historically, the injunction has been as wide as prohibition in its functions in English law. Injunction is a judicial
process by which one who has invaded or is threatening to invade the rights, legal or equitable of another, is
restrained from continuing or commencing such wrongful act.

Federal Ombudsman: It is forum for quasi-judicial remedy. Office of the Ombudsman does not work like tribunals. This
office does nothing except compromise as between the parties. This office just passes order compliance of which
seeks the sweet will of the department concerned. This order just determines rights and not their enforcement. It is
not judicial setup.

Appeal: Appeal can be made against the order of Ombudsman before president. Order of the president is considered
final.

Constitution: President appoints Ombudsman for a period of five years. No subsequent appoint is made. Status of the
Ombudsman is as equal to the judges of Supreme Court.

Qualification: He must be the Judge of the Supreme Court or qualified as the Judge of Supreme Court.

Jurisdiction: Its jurisdiction covers all the departments of federal government. Complaints against negligence, mal
administration, corruption, inefficiency, abuse of power, misuse of authority and processes are the areas, which are
subjects of federal Ombudsman.

Enforcement of orders: Implementation of the order of Ombudsman depends upon the sweet will of government.
This office has no direct power to enforce its orders as tribunals have. Only the will of the government is the sole way
to enforce its orders.

Most favourite complaints: WAPDA, WASA, Education, Labour, Telephone, and Sui Gas etc. are the most favourite
department against whom public lodges complaints usually.

Limitation: Limitation Act is not applicable for the institution of complaints before Ombudsman. But complaint should
be lodged as soon as possible. Delay does not cause failure of administration of justice. No Court fee is applicable on
complaints.

Verification: Verification is the one of important part of the complaints lodged before Ombudsman. It states that this
case is neither pending in courts, nor this case has been decided in courts. Here principle of res subjudice is applicable.
All the contents of the complaint are true and correct. Complaint was made to the authority concerned for remedy
but it is left without remedy.

Exemptions: Security forces are exempt to complain. Special procedure for application is not necessary. Complaints
against corporations are also cannot be lodged. Grievance should be individual and not of the nature of public.
Complaint should be against the department and not against individual.

Annual report: Both federal and provincial Ombudsmen prepare their annual reports and submit them before
president and governor respectively.

1. Judge of own cause: There is a maxim that no one should be Judge of his own cause. It is in contrast of the
principles of natural justice. Following are the reasons:

a) Against natural justice:

b) Personal interest:

c) Legal interest:

d) Pecuniary interest:

e) Other interests:

2. Duty of Judge: He is duty bound to transfer the case against which he has taken cognizance.

3. Kinds of bias: Following are the kinds of bias:

 a) Personal bias:

b) Pecuniary bias:

c) Subject wise bias:

i) Personal liking:

ii) Departmental bias:

iii) Act under dictation:

Consequences will ensure where natural justice is not followed:

1. Definition:

2. Principles:

a) No one should be Judge of his own cause:

b) audi alteram partem:

3. Ingredients:

a) Notice:

b) Hearing:

c) Date, time, and venue:

d) Clear:

e) Communication of allegations:

f) Communication of judgement:

g) Rule against bias:

h) Punishment only on allegations alleged:

i) Right of higher authority:

j) Authority of different department:

k) Evidence:

l) Defence:

m) Representation through advocate:

n) Right of denial:

4. Consequences:

a) Appeal shall lie:

 b) Abuse of power:

c) dissatisfaction:

d) writs:

e) declaration:

f) damages:

g) injunctions:

h) remand:

i) re-trial:

Rule of law:

1. definition:

2. Sources of rule of law:

a) Constitution:

b) Customs:

c) Conventions:

d) Religion:

3. Principles:

a) Everyone is subject of law:

b) Equal:

c) In-discrimination:

d) Protection of rights:

e) Double jeopardy:

f) Retention of property:

g) Impartiality:

h) No torture for confession:

4. Defects:

a) Exception with regard to king: He can do no wrong.

b) Prerogative powers of king: He can issue passport.

c) Discretionary powers: King can give or cease citizenship.

 d) Postal censorship: Letters can be checked.

e) Public Authorities Protection Act: It protects public authorities.

5. Meaning of Rule of Law:

a) Law and Order:

b) Determination of rules:

c) Extinction of discretionary powers:

d) Legal procedure:

e) Application of natural justice:

f) Review against administrative action:

g) Authority of civil court rather than tribunals:

The Arbitration Act
Course Contents:

1. The Arbitration Act (X) of 1940 (as amended upto date).

Books Recommended:

1. The Arbitration Laws by Muhammad Farani.

2. The Arbitration Act (X of 1940) by Mian Ghulam Hussain.

Arbitration does mean the determination of disputes by the decision of one or more persons who are called
arbitrators, e.g., in commercial matters. An umpire decides differences between the arbitrators.

No appeal lies to Court against the award of arbitrator but application can be made to District Judge.

An agreement to refer a dispute to arbitrators is called an arbitration agreement, and if legal proceedings are
instituted in contravention of the submission the defendant may, but only before delivering pleadings, or taking any
other step in the proceedings, apply to the Court to stay them. The decision of arbitrator is called an award, which can
be appealed against to the High Court on the ground of mistake of law. A legal process can enforce a valid award. The
Court may remove an arbitrator for misconduct or set aside his award.

Arbitration agreement: It means a written agreement to submit, present or future differences to arbitration, whether
an arbitrator is named therein or not.

Reference: It means a reference to arbitration.

Appeal against award: The decision made by the arbitrator is called award. Appeal cannot be instituted in Court. An
application can be made against the award by both looser and gainer on the grounds lesser or greater remedy. Both
parties may put their objections in application. Court must have territorial and pecuniary jurisdiction.

This Act does not provide number of arbitrators but it should be one preferably. More parties may appoint more
arbitrators but if the appointment bears even numbers then one umpire must be appointed to give award.

Time period for award: Arbitrators are obliged by law to give award within four months. Only Court may extend this
period upon justifiable grounds. Clause for the award may not be necessarily incorporated in agreements. It is
considered implied incorporation if not specifically provided.

Time period for award remains two months for umpire. This period may also be extended with the permission of Court.

Arbitration is not a Court. No specific qualification is required for appointment. Court cannot change or alter award of
arbitrator and if any change is desired, Court orders to arbitrator to alter such award.

If witnesses refuse to testify the truth in question, Court may call them also to testify the truth.

Arbitrator and party mutually decide the fee for the purpose of arbitration. Court cannot intervene in the appointment
of the arbitrator and alteration of the award. When agreement is written, parties have right to appoint arbitrator to
anybody whosoever. Power to appoint the arbitrator can be delegated.
Appointment of the arbitrator remains irrevocable unless he commits misconduct in proceedings or illegality or fails
in the dispensation of justice. Death of the appointing authority normally does not affect his appointment but if a
person upon personal qualification appoints him then death of the appointing authority revokes his appointment.

The purpose of the S. 7 is to standardize the law as to the effect on an arbitration agreement and proceedings on
insolvency of a party thereto.

Where any contract to which a bankrupt is a party contains an agreement to refer to arbitration any dispute which
may arise thereunder, and the trustee in bankruptcy adopts the contract, the agreement to refer will be enforceable
by or against him. Even where there has been no such adoption, the Court has discretion upon the application either
of the justice, with the leave of the committee of inspection, or of any other party to the agreement, to make an order
that the matter be referred to arbitration.

Origin of S. 7: Andrew v. Plamer was a leading case on this point. In that case the Court observed, “The bankruptcy did
not operate as a revocation of the submission. It would not have put an end to the suit, which the bankrupt had
instituted, nor could it, therefore, put an end to the arbitration founded upon that suit. If he has commenced an action
without having any cause for it, the bankruptcy neither does nor ought to protect him against the consequences of
it.”

Power of liquidator to refer: The powers, which living companies as regards reference of disputes to arbitration may
posses are not co-extensive with the power to be exercised by the liquidators. The directors of the company are
supposed to know their own business being businessmen, while an Official Liquidator is very often a new man
unconnected with the business carried on by the company. His knowledge and information of men and things is not
likely to be co-extensive with similar knowledge of the directors. It, therefore, does not follow that because a living
company is allowed to refer matters in difference to arbitration in a particular way that an official assignee is allowed
to make a reference to private arbitration. But where an arbitration agreement has been entered by a company and
then goes into liquidation it appears that the principles underlying this section should apply in the case of a liquidator.

Where during the pendency of the insolvency proceedings the receiver and the secured creditors referred the matter
to arbitration and the award directed the receiver to bring the insolvent’s property, which was ancestral (inherited,
hereditary) and revenue paying, to sale and realize the sale proceeds through Court: held, that the Insolvency Act has
no provision to prevent secured creditors from acting according to the award, but the better way would be to obtain
the insolvent’s discharge under S. 38 and deal with the property outside the jurisdiction of the insolvency Court. The
receiver would then cease to be a receiver under the insolvency, but being a person vested by the arbitrator with
authority to sell the property under the arbitration provisions, would be able to sell the property under the terms of
the award.

Agreement of arbitration: Arbitration does mean solution of dispute before going to Court. Parties put their disputes
before the person to whom they appoint at their own choice under agreement made between them. When parties
form contract, they may incorporate a clause of arbitration in agreement that they shall refer their disputes toward
arbitrator. Where this clause is not incorporated in agreement, it is presumed that it has been incorporated.

Where parties are agreed to refer dispute to arbitrator, they cannot invoke to Court of law before going into this
forum.

Agreement of reference: Where parties remain fail to resolve their dispute by way of arbitration, they may agree to
refer the case to Court for its interpretation.

How agreement of arbitration is enforced: Following are the method by which agreement of arbitration is enforced:

1. By appointment: When dispute is arisen, parties may appoint arbitrator on their part. As soon appointment of
arbitration is made, agreement of arbitration is enforced.
2. By notice: Party may give notice to other party for appointment of arbitration on his part where other party
remains fail to appoint arbitrator.

3. By Court: Court may also enforce this agreement where one party remains fail to appoint arbitrator either upon
dispute or notice of other party.

Qualification of arbitrator: As far as qualification of an arbitrator is concerned, this Act does not describe any
particular qualification for him. He may either be person of ordinary prudence or/and person of sound mind and major.
Following are the qualifications:

1. Major: He must be major as minor is not competent to act under contract of any type.

2. Sound mind: Person who is person of unsound mind and could not understand the requirement under arbitration
cannot be appointed as arbitrator.

3. Competent: It does mean that he is not debarred under any law of land, i.e., bankrupt or insolvent.

4. Appointment under contract: His appointment is made under contract which parties make. If the clause for
arbitration is not provided in agreement, even than it is deemed that it has been incorporated.

Power of Court to appoint arbitrator or umpire: In normal circumstances Court does not intervene in the
appointment of arbitrator. But there are certain factors, which put pressure on Court to act for the compliance of law.
Responsibilities of parties and power of Court can be described as under:

1. Agreement: There must be agreement for the appointment of arbitrator. If agreement does not provide the
appointment of arbitrator then question of his appointment does not arises.

2. Agreement between parties: If two persons form one party then this Act is not applicable on them. Agreement
must be within two or more parties who have agreed to appoint arbitrator upon requirement.

3. Consents of parties: Appointment of the arbitrator is made with mutual consents of the parties concerned. No
one can be compelled in contrast. Both parties shall appoint arbitrators of their own choice.

4. Disputes: Appointment of the arbitrator is subject to the rise of dispute. In the absence of dispute appointment
of arbitrator becomes needless.

5. Filling of the vacant position: Appointment becomes compulsion when arbitrator appointed dies, mentally
becomes incapable to act upon, neglects in working, or refuses to act with or without reason. In case of even
number of arbitrator one umpire is also becomes necessary.

6. Notice of appointment: If one party fails to appoint arbitrator in original or upon occurrence of vacancy or umpire
in case of even number arbitrators, other party shall give clear notice to do so within fifteen days failure of which
shall cause intervention of Court.

7. Application to Court: Non-compliance of the notice shall give rise to make application to Court for the
appointment of arbitrator. Court shall give chance to parties for the explanation. Upon satisfaction, Court shall
appoint arbitrator or arbitrators or umpire, as the case may be to act in references. New appointee shall make
award. This appointment shall be considered as made by the parties.

8. Agreement for the appointment of two arbitrators: Where agreement provides to appoint two arbitrators by the
parties, both are obliged by law to appoint them upon the rise of dispute. Negligence of one party may put other
party to give clear notice of fifteen days for the compliance of the provisions of contract.
9. Arbitration upon default: When other party fails to appoint arbitrator on its part, first party may compel to its
arbitrator to work as sole arbitrator.

10. Filling of vacant position: If any appointed arbitrator refuses to work, neglects, dies, or incapacitated to work,
party is duty bound to fill in the vacancy incurred. Other party has to serve a clear notice of fifteen days to fill in
vacancy incurred.

11. Excusable default: When party commits default in compliance of law to appoint arbitrator either original or
substitute, may apply Court to get more time for the appointment of arbitrator by giving justifiable reasons.

12. Appointment of three or more arbitrators: Parties may provide in agreement for the appointment of three or
more arbitrators to reach conclusion. Award of majority shall be binding on parties.

13. Appointment by parties: Only parties are competent to appoint arbitrator under law. Arbitrators cannot appoint
arbitrator or arbitrators. Appointment made by arbitrator shall be termed umpire.

14. Need of third appointment: Where contract provides appointment for two arbitrators, and both reach on equal
conclusion and are divided in two parties, there parties or arbitrator may appoint another person as umpire who
shall second the opinion of one of both and his decision shall be binding on parties. He may vary in the decision of
the arbitrators. He is independent. Arbitrators may refer their decision toward umpire. Umpire does not interfere
in the proceedings of arbitrators.

Removal of arbitrator and punishment u/s 11: Although Court cannot intervene in the appointment or removal of the
arbitrator but there are certain grounds, which lead his removal such as:

1. Fail to use all reasonable despatch: It means if arbitrator fails to give award, Court may remove him provided other
party applies to Court for his removal on such ground. They have to record evidence or inspect documents to
reach on conclusion and their failure to do put in their removal.

2. Misconduct: It is another reason to remove him upon application to Court. It includes his personal misconduct or
misconduct in proceeding.

3. Failure in unanimous decision: Where more than one arbitrators fail to give their unanimous decision then party
or parties may apply to Court for their removal. Upon failure in unanimous decision other party has to give notice
of such failure to defaulter. After serving a notice application can be moved to Court for the termination of
arbitrator or umpire whatsoever situation is.

Punishment upon removal: Arbitrator or umpire who fails to do for what he is appointed is punished by debarring his
remuneration, which was decided at the time of his appointment. His entitlement of remuneration under law becomes
ineffective. His right of remuneration ends when he is terminated upon failure to give award.

Revocation of authority u/s 12:

Filling of the vacancies: When Court removes umpire or arbitrator in non-compliance of the agreement for which
entered upon, Court appoints umpire or arbitrator upon occurrence of vacancy provided party applies for such
appointment.

Where authority of arbitrator or arbitrators or umpire is revoked by the leave of Court or upon application, then Court
either shall appoint another arbitrator as he appointed by the parties concerned or shall order to cease the arbitration
agreement upto the extent of difference.
Powers of arbitrators or umpire: Law recognizes certain powers to arbitrators or umpires to reach on conclusion.
They are as under:

1. Administration of oath: He or they may call witnesses to appear before them and take oath to give evidence. The
arbitrator may give his reasons for shutting out certain amount of evidence sought to be tendered.

2. Reference to Court: Since they are not special person and have no specific qualification so they may refer the case
toward Court for its opinion.

3. Correction of mistakes: If any clerical mistake is found in their award, they may rectify it to make the award fair
and just.

4. Administration of cross-questions: To avoid time consuming they may collect the objections of one party in term
of questions and may forward toward second party to answer them and put their own questions, if any. Such
interrogations may be sent to Court for cross-examination through Court.

5. Making award: They may make award which may be either conditional or in the alternative.

Finality of award: Upon the completion of the work of award, arbitrators shall do as follows:

1. Signature on award: Whenever award is made, makers are required to sign it as a sign of finality.

2. Notice to parties: Arbitrators are required by law to notify such making of award to parties. They also may notify
their fees and other charges payable in respect of arbitration and award.

3. Deposition of award: Arbitrators may deposit award to Court on the desire of parties.

4. Orders of Court: If arbitrators have referred the case toward Court for the opinion of Court and Court has given
instruction, Court shall revert the case toward arbitrators after making some suggestions so that it may form the
part of award. Court itself cannot make its orders as part of award.

Exceptions: Under the following circumstances, award remains not final:

1. Remit award:

2. Interim order:

3. Supercede arbitration:

4. Payment of remuneration:

5. Stay where agreement:

Powers of Court in respect of modifications u/s 15: Court may at any stage modify the award to some extent but not
at all. Powers of Court are as follows:

1. Modification on irregularity: If it appears that arbitrators have made award on the matters which were not
referred toward them, Court may separate it if it does not effect the original or substantial award referred.

2. Modification on imperfection: If award contains any error, which can be modified without effecting such decision,
Court may alter award. It may be any matter un-referred. It does not amount intervention of the Court but mere
procedural intervention.
3. Modification of clerical error: Court may modify in any clerical error if occurred.

Powers of Court to remit award: Court may remit award when presented to Court to arbitrators or umpire whatsoever
case is in certain cases, such as:

1. Remittance upon non-determination of referred matter: Court may remit the award toward arbitrators or umpire,
whatsoever case is, for reconsideration if any of the matter remains undetermined which were referred for
arbitration. Here again intervention of Court is mere procedural.

2. Remittance upon determination of un-referred matter: Where arbitrators or umpire has determined any matter
actually not referred for arbitration, Court remits it back to arbitrators or umpire for reconsideration provided it is
not separable by the Court. Court intervenes if the matter is separable. Here again Court shall not intervene for
the modification of award but shall leave it to its originators whatever they may do.

3. Remittance upon incapacity of execution: If award remains incapable to execute, Court shall remit it to arbitrator
or umpire for reconsideration.

4. Remittance upon the question of apparent illegality: Award can be remitted only where the question of law
necessarily arises on the face of the award or upon some paper accompanying and forming part of the award and
that question ex-facie has been decided wrongly; otherwise not.

Powers of Court in case of remittance of award: Court exercises certain power when remit award, including:

1. Fixation of time: Court fixes the time for arbitrators or umpire so that they may reconsider and submit their
decision to Court.

2. Subsequent extension of time: Court may subsequently extend the time period to reach on the conclusion.

3. Declaration of award null and void: When arbitrators or umpire fails in reconsideration of award within time limit
which Court grants, Court may declare such award void.

4. Grant of decree on award: Court is entitled to a decree upon award if party in whose favour the award is made, if
no application is filed or if the application is filed and dismissed on merits.

5. Power to set aside award: Opportunity is given to party challenging or disputing the award to file an application
to set aside the award and the application has got to be filed within the period of limitation prescribed by
Limitation Act.

6. Power to pass interim order: Court exercises this power in a case where an award has been filed and a decree has
been passed. But where some one of the parties had been trying to defeat or delay or obstruct the execution of
the decree passed upon the award, in such cases, the Court is specifically empowered by law to pass interim orders
that may be deemed necessary. The power of Court is discretionary. The order of the Court is not appeal-able.

7. Power to reverse order: Aggrieved party may approach Court to reverse order being not having mala-fide
intention, which may occur after the decree of Court.

8. Power to supersede arbitration: If award becomes void on the ground of failure of the arbitrators or umpire for
reconsideration of award upon remittance, Court may supersede the arbitration at all. This is exclusive power of
Court.

Arbitration with intervention of Court: Court may intervene in arbitration in certain circumstances provided:
1. Non-pendency of suit: If agreement has been framed but no suit is pending in any Court regarding the subject
matter of the agreement.

2. Arising out of dispute: A dispute regarding the subject matter has arisen between the parties, which requires
arbitration.

3. Application of parties to Court: Parties have applied to Court for its intervention. Application must follow the
procedure provided in Arbitration Act, 1940.

Procedure of Court on application: When the application is moved to Court for its intervention in arbitration, Court
follows the procedure provided in Arbitration Act, 1940. Procedure follows rules as follows:

1. Notices to parties: Court serves notices to the parties interested as defendant in the application except plaintiff
who is physically presented in the Court to file suit.

2. Order for filing of agreement: Where no sufficient cause is shown in the application, Court orders the agreement
to be filed. In the absence of a “sufficient cause” the Court shall order the agreement to be filed and shall call
upon the arbitrator, mentioned in the agreement of the parties or otherwise agreed by them, to decide the
dispute. If the parties cannot agree, then the Court shall have a right to appoint another arbitrator.

Previously the Court was not entitled to fill up the place of an arbitrator who had refused to act. But now if the
arbitrator named in the agreement declined to act, the Court could ask the parties to agree to another person as
arbitrator, and if the parties still could not come to an agreement, the Court could intervene.

3. Reference to arbitration: Court may refer the case toward arbitrators appointed by parties or in case of their
failure appointed by Court for their determination.

4. Arbitration under Arbitration Act, 1940: All the provisions of the Arbitration Act, 1940, shall apply on the case
where Court refers case towards arbitrators after making of an application by parties.

Arbitration in suits u/ss 21 – 24: Court may also intervene in arbitration when suit is under litigation before they enter
in arbitration agreement. Following are requirement for arbitration in suits:

1. Agreement of parties:

2. Matter is related with suit:

3. Reference to arbitration:

4. Application writing:

5. Application to Court: All interested parties are required to apply Court for the reference of arbitration.

6. Application before judgement:

Agreement of arbitrators: Number of arbitrators and the manner of their appointment and award should be pre-
decided.

Order of Court to make reference:

Determination of time: Only Court determines the time for arbitration.

Determination of disputed matter: Only Court determines the matter of dispute.

Stay of Court’s proceedings:

Reference only for joining parties: It is not binding for the non-joinders.

Time of application: This application for reference to Court must be submitted before the pronouncement of the
Court. Once the Court has decided the case and judgement has been made, not application is liable to submit in Court
for reference to arbitrators.

Appointment of arbitrator: Appointment of arbitrator is made in a manner as, he is appointed by the parties.

Order of reference: Court refers the matter to arbitrators which is to be determined.

Time limit: Court fixes the time limits for the arbitrators, during which they have to determine the matter referred.
Court determines that how much time shall be suitable to determine the matter.

Responsibility of Court: Court does not interfere in the matter, which is referred to arbitrator unless it is saved and
required under law.

Partial arbitration: Where some of the parties apply for arbitration for rest matter to Court, Court shall refer the
matter to arbitrator for those who apply. It should be kept in mind that such matter is referred to arbitrator, which is
separable and applied. Remaining case is rest in Court for decision and judgement.

Award is binding for the parties who applied to do so and rest shall wait for Court’s judgement, which shall be binding
for them. Award and judgement have no effect over each other. These are two separate matters.

Applicability of other provisions: The provisions of the other Chapters shall so far as they can be made applicable,
apply to arbitration under this Chapter. Court may supercede the arbitration where due appointments are not made
by the parties concerned.

Application of Chapter V: Provisions of this Chapter are applicable in all cases provided they are not saved.

Making interim award: Where arbitrators or umpire feels necessary they may make interim award.

Time extension for award: Court may time to time extend the time so that award can be made. Arbitrators cannot
extend time without consents of the parties.

Interest on award: Interest is not payable unless Court grants it. Only Court is competent to grant interest on principal
amount due on award.

Grounds to set aside award u/s 30: Award can be set aside on the following grounds:

1. Misconduct: If arbitrator has committed misconduct during or at the time of making award.

2. Making award after Court’s order: When Court has made order to cease the proceeding and award has been made
shall be declared null and void.

3. Determination of un-referred matter:

4. Left matter referred:

5. Incapable to execute:

6. Illegality:
7. Irregularity:

8. Disregard of Court’s order:

9. Non-separation of undesirable matter:

10. Sufficient reasons u/s 26 – A:

11. Fraud:

12. Coercion:

No suit can be instituted in civil Court against the award. Only application can be moved in civil Court having
jurisdiction.

Decree is a part of judgement based upon reason. Every judgement is appeal-able. Order is also judgement. Every
order is not appeal-able. Locus standi does mean person who is competent to stand before Court. He may either be
plaintiff or defendant.

Determination of award: A person is permitted to challenge the arbitration agreement or award only. The existence
of contract itself cannot be challenged. Ordinarily, the Court should decide the questions on affidavits. But where such
questions cannot be conveniently tried by affidavits, the Court is entitled to examine witnesses.

Power to stay legal proceedings on arbitration agreement: Where suit is pending in Court against the other party of
the agreement and other party applies for the determination of the case by the arbitrator, Court shall stay the
proceedings and upon satisfaction case shall refer to arbitrators. Court set-asides its proceedings.

Where any party to an arbitration agreement commences any legal proceedings against any other party to the
agreement such party may apply to the judicial authority before which the proceedings are pending to stay the
proceedings. And if the judicial authority is satisfied that there is sufficient reason why the matter should not be
referred in accordance with the arbitration agreement then such authority may make an order staying the
proceedings.

Effects of legal proceedings on arbitration: Where concurrent proceedings are started and Court has served notice
to arbitration or umpire and they have received such notice and they are present in Court for proceedings, Court shall
not set aside the proceedings. Proceedings are not a guarantee to stop the arbitration or award. Where notice has
been served and parties are present in Court, Court shall not invalidate its proceedings.

Stay or continuous of proceedings in Court are subject to the no objection of the parties. Proceedings after order of
the Court or making award undergo null and void.

Condition precedent: Condition precedent if provided in agreement is not maintainable in courts. It is first essential
that the Court should order that the agreement shall cease to have effect as regards the particular dispute. And upon
making such order, if the agreement contains a provision that an award under an arbitration agreement shall be a
condition precedent to the bringing of an action in respect of any matter to which the agreement applies, may further
order that the provision making an award a condition precedent to the bringing of an action shall also cease to have
effect as regards that dispute.

Limitations: Limitation period for the purpose of arbitration is as in other proceedings in Court appended in Limitation
Act, 1908.

The terms and conditions of the agreement cannot change limitation period and if so, they are null and void.
Limitation for appointment of arbitrator: Time limit for the appointment of arbitrator commences when the notice is
served to him for his appointment. If one party has appointed arbitrator, she is required to serve a notice to other
party to do so for the appointment of the arbitrator on its part. When one party serves notice to other party, then
limitation commences.

Waive off limitation period: Where limitation period has been expired but party applies to Court for the waiver of the
lapsed time period, Court may, if thinks fit, extends the limitation period. Limitation in suit is not waived off while
limitation in appeal may be waived off.

Dispute of remuneration: Where dispute arises regarding the remuneration, arbitrator or umpire may seize to deliver
award until or unless his remuneration or fee is paid. He may file an application to Court for the payment of his
remuneration or fee.

Order of Court: Court may order to arbitrator or umpire to deliver award to applicant provided party deposits the
amount of remuneration or fee to Court whatsoever he has demanded.

Inquiry of Court: As soon as party deposits the amount in Court, Court proceeds an inquiry to arrive at the conclusion.
If Court arrives at the conclusion that amount demanded is justifiable then it shall be given to arbitrator or umpire. If
Court thinks fit that he has demanded unreasonable amount, Court may deduct such an extra amount and balance
shall be refunded to the party deposited. Assessment is responsibility of the Court. Until fee is not paid, award shall
not come into force.

Non-maintainability of the application: No application is maintainable where there is a written agreement between
the parties and the arbitrator as regards his remuneration. Case is maintained where express provision so as to
remuneration is not provided and mere implied consents for the payment of remuneration are made.

Appeal-able orders: Following are the order against which appeal can lie in the Court having jurisdiction:

1. Superseding arbitration;

2. On an award stated in the form of a special case;

3. Modifying or correcting an award;

4. Filing or refusing to file an arbitration agreement;

5. Staying or refusing to stay legal proceedings where there is an arbitration agreement;

6. Setting aside or refusing to set aside an award.

Only one appeal lie in the Court of having jurisdiction but provisions of this law cannot take away the right to appeal
to the Supreme Court, which is second appeal.

When a dispute has been referred to arbitration, the Court’s jurisdiction to interfere in the findings of the arbitrator is
very limited and confined to the grounds specified herein. It is therefore obvious that it is not open to ask the Court
to go into the details of the claim and counter claim to reassess the questions as if this was Court of appeal from a
decision of a civil Court in its ordinary jurisdiction. No appeal lies unless law gives it.

Small Cause Court: These courts are the products of separate enactment of the parliament namely “Small Cause
Courts Act”. These courts cannot control arbitration administratively but can refer the case to arbitrators. Every case
of arbitration is liable to proceed in these courts. Their general pecuniary jurisdiction is upto Rs. 5,000/-.
Small Cause Court shall have neither jurisdiction over the proceedings of arbitration which have started not will it have
jurisdiction to entertain any application which may arise out of those proceedings. A small Cause Court can, therefore,
pass an order staying suit.

These courts are not likely Civil Courts like grade 1, 2, or 3. These have less power confined for pecuniary jurisdiction
upto Rs. 5,000/-. Neither application can be moved for arbitration nor they can administer arbitration nor they can
make correction in award. But where already dispute is pending in Small Cause Court, Court can refer the arbitration
to arbitrators or umpire upon application.

Code of Civil Procedure is not applicable on arbitrators. Mere parties empower to arbitrators. In case of Court Code of
Civil Procedure is applicable and law grants power to Court and not the parties.

Service of notice: Court, arbitrator, or umpire shall deliver the notice to party in the manner provided in the
agreement. In the absence of provision in agreement notice shall be served in the following manner:

1. Personal delivery: It shall be delivered to the person to whom it is to be served.

2. By post: It can be mailed by registered post to the last known abode (home, dwelling, or residence) address or
business in Pakistan.

Power of Court to issue notice: Court adopts the same process to service the notice as its own case provided under
Order 5 of the Code of Civil Procedure.

Failure in the presence before Court or arbitrator is punishable offence.

Power of High Court to make rules: High Court has power under this Act to frame rules as to how:

1. Award is filed.

2. The filing and hearing of special cases and all proceedings.

3. Staying powers.

4. Making of forms to be used in Act.

5. All proceedings of the Court under this Act.

Various modes of arbitration: Following are the modes of arbitration:

1. Without intervention of Court:

2. With intervention of Court:

3. Agreement of arbitrators:

4. By notice of parties:

5. Statutory arbitration:

6. By appointment of arbitrators:

Different ways to refer arbitration: Following are the ways to refer arbitration:
1. By parties:

2. By liquidator:

3. By agreement:

4. By Court:

5. By receiver:

6. By administrator:

7. By executor:

8. By legatee:

Statutory arbitration: Some time arbitration is made as the requirement of statute. It is called statutory arbitration.
Under this arbitration agreement is not necessary. Statutory arbitration is such arbitration which do not flows from
any arbitration agreement between the parties but by virtue of some provisions of some statute, such as:

1. The Contract Act, 1872 (Ss. 260 to 265).

2. The Companies Ordinance, 1984 (S. 283).

3. The Co-operative Societies Act, 1925 [S. 43 (2) (b)].

4. The Electricity Act, 1910, (S. 52).

5. The Industrial Relations Ordinance, 1969 (S. 31).

6. The Land Acquisition Act, 1894 (Ss. 11, 12, 18, and 26).

7. The Insolvency (Karachi Division) Act, 1909 [S. 68 (h)].

8. The Provincial Insolvency Act, 1920 (S. 52).

9. The Railways Act, 1890 (Ss. 46, 46 – A, 46 – B, and 48).

10. The Religious Endowments Act, 1863 (Ss. 16 and 17).

11. The Trusts Act, 1882 (S. 43).

Application on all arbitration: If any proceedings are being carried on according to former Act, shall not be defeated
by new enactment and shall be continued according to former enactment. Running matters are not effected with new
enactment.

There are four kinds of arbitration, i.e., with intervention of Court, without intervention of Court, where case is
pending in Court, and where Small Cause Court is involved.

Aims and objectives of Arbitration Act: Following can be put in this regard:

1. Determination of disputes:
2. Easy methodology:

3. Protection of rights:

4. Awareness of people:

5. Inexpensive justice:

6. Trust on award:

7. Trust on arbitrators:

8. Reference to Court where dispute persists:

9. More understandability:

10. Nearness of arbitration:

11. Involvement of common people:

12. Education of public:

13. Power of award:

14. No Court fee:

15. No stamp duty:

16. Amicable settlement:

17. Avoid technicalities:

18. Expeditious justice:

The Court Fees Act
Course Contents:

1. The Court Fees Act (VII) of 1870 (as amended upto date) Section 4, 6 – 13, 17, 19, 19A–K (Excluding Schedules).

Book Recommended:

1. The Court Fees Act and the Suits Valuation Act by Raja Said Akbar Khan.

This is federal law. Federal or provincial government may alter the rate of fee. Since the fee is financial matter and
effects finance, therefore, its rate is changed during the presentation of annual finance bill. It may be either central or
provincial. Provinces may alter provisions of it upto the extent of their authority. Provinces cannot touch central
matters. Punjab government has made amendment and Court fee is exempted upto the suit value of Rs. 25,000/-.
When we go to get justice in courts of law or for redressal of grievance, then Court Fees Act is applicable. It tells us as
to how much fee is applicable on certain type of suits.

As far as Stamp Act is concerned, it is applicable where rights are transferred or conveyed. Documents, which are
required to do so, require stamps. These stamps are dealt by Stamp Act and not under Court Fees Act.

Judicial stamps are those, which are affixed on pleadings (plaint and written statement) while stamps used to convey
rights, are termed as non-judicial stamps. For the selling of property, Agreement to Sell or Agreement of Sale, non-
judicial stamps are affixed

Fee on documents filed, etc., in High Court in their extraordinary jurisdiction u/s 4: High Court works in so many
jurisdictions such as:

1. Extraordinary original criminal jurisdiction: It is under Constitution like writs. Court fee prescribed in the Court
Fees Act is not applicable under this case.

2. Extraordinary original civil jurisdiction: It is under Constitution like writs. Court is not applicable as prescribed in
Court Fees Act.

3. Appellate jurisdiction against judgement of two or more judges of High Court or Division Bench: High Court
cannot receive any document as prescribed in First or Second Schedule of the Court Fees Act.

4. Appellate jurisdiction over subordinate courts: Documents produced before High Court under this head are not
covered by the Court Fees Act.

5. Revisional jurisdiction and as a Court of reference, when the proper Court fee prescribed by those schedules for
such documents have been paid: It deals with only law matters and not facts in issue. Court fee is not applicable
as prescribed in Court Fees Act.

This section deals with the matters of affixation of requisite Court fee whether it has been paid. If so, document is
accepted otherwise returned for making it good (for the removal of deficiency).

Fee on documents filed, etc., in Muffasil Courts or in public offices u/s 6: All the documents submitted in courts should
be properly stamped as described in the Schedule of the Court Fees Act. Where any document lacks proper fee is liable
to return. Where no fee is paid, there is no case entertain-able in Court of law. Document without affixation of Court
fee has no status until a fee is paid. Evidentiary value of document remains in vain until duly Court fee is paid.

Computation of fee payable in certain suits u/s 7: This sections lays down the rule for the computation of the Court
fee to be affixed on certain documents.
1. For money suits: Money may be involved in certain cases such as:

a) Damages.

b) Compensation.

c) Arrears of maintenance.

d) Annuities.

e) Other sums payable periodically.

How calculated: In simple money suits, the Court fee is calculated on the amount claimed under such suits.

2. For maintenance and annuities: It may involve following cases:

a) Maintenance.

b) Annuities.

c) Other sums payable periodically.

How calculated: Court fee shall be calculated on subject matter.

3. For moveable property having a market value: Although money is moveable property but this clause is
applicable of all types of moveable properties other than cash or money.

How calculated: Market value of the subject matter shall determine the amount of Court fee where such
moveable property has market value. Market value at the time institution of suit shall be considered. Prior
market value is immaterial. For example, a property had market value Rs. 100,000/- when it was purchased
but now it has market value Rs. 75,000/-, the last market value at the time of institution of suit shall be
taken into consideration. Where moveable property had market value Rs. 200,000/- at its procurement
but now its market value has been enhanced to Rs. 250,000/- at the time of presentation of plaint,
therefore Court fee shall be calculated on Rs. 250,000/- which is the latest market value.

4. Suits having no market value: Law recognizes the nature of suits having no market value. They have some
different kinds such as:

a) Movable property: There are certain types of moveable properties, which have some value, but their
market value cannot be assessed. For instance, degree of law has importance for the student of law or
lawyer but it has no market value. Documents containing title is another instance.

b) Share in joint family system: It is applicable where the plaintiff has been ousted (expelled) from its
enjoyment and seeks to be restored to joint enjoyment.

c) Declaratory decree and subsequent relief: Plaintiff must seek consequential relief in declaratory decree
where it is available.

d) Suits of injunctions: Injunctions include to do or not to do something.

e) Easement cases: It is a right to use of enjoyment on certain piece of land.

f) Account: It has fixed value.

 How calculated: In all above cases Court fee is determined on the value against relief is sought. It is
obligatory on plaintiff that he must state the value against which he seeks relief.

New amendment: According to amendment by Finance Act, 1993, Court fee for the above cases shall be
determined not less than for which Court fee shall be Rs. 15/- according the rate of Court fee. Current Court
fee rate is 7.5% of the subject matter. It means minimum value of the suit should be Rs. 200/- on which
Court of Rs. 15/- may be affixed.

Formula: 2 x 15* x 100 = 200 * variable amount as Court fee

15 1 1

How much Court fee is payable on principle amount of Rs. 133,400/-? Formula is as under:

Formula: 133,400* x 15 = 10,005 * variable principle amount

100 2

5. For possession of lands, houses, and gardens: Value of subject matter as per market value for the possession of
houses, lands, and gardens is determinant factor for the computation of Court fee. It has some other provisions
such as

a) Land in question for which annual revenue has been assessed in the register of Collector, Court fee shall
be computed on the revenue payable ten times.

b) Where revenue is not assessed on land permanently, revenue payable five times is determinant factor for
Court fee.

c) Where land pays no land revenue or exempted from the payment of revenue or fixed payment is made in
lieu of revenue, Court fee shall be paid on the profit arisen last year by multiplying with 15.

For instance, where Rs. 100,000/- has been earned as profits, Court fee shall be paid on Rs. 1,500,000/-.

d) Where land does not earn profits, Court shall determine the value of the land on the basis of the profit
arising from the neighboring land.

e) Where land forms part of an estate paying revenue to government, but is not a definite share of such
estate and is not separately assessed as above mentioned the market value of the land.

6. Enforcement of right of preemption: For the purpose of preemption, Court fee is paid on the value of the
subject matter as in market. Amount provided in sale deed is immaterial. Only agricultural land is subject of
preemption.

7. For interest of assignee of Land Revenue: Computation of Court fee for this purpose is fifteen times net profit.
Net profit arises after deduction of cost from gross profit.

8. To set aside an attachment: Upto the extent of interest lies in attachment is detrimental point for the purpose
of fixation of Court fee. Order 21 of Code of Civil Procedure governs the execution of decree. Where decree is
passed for an amount of Rs. 1,000,000/- and part of property attached belongs to third person being not party
in case, shall pay Court fee for an amount for which he has interest, i.e., Rs. 500,000/-. He will not pay the Court
fee on decree amount. Where decree is passed for Rs. 500,000/- and his property values Rs. 1,000,000/-, Court
fee shall be payable on Rs. 500,000/-.

9. Redemption cases: In the cases of mortgage, principle amount on which property was mortgaged shall decide
Court fee. This amount is provided in mortgage deed.

10. Specific performance: Suits for specific performance may involve certain types such as:
 a) Contract of sale: Amount of consideration in contract of sale determines Court fee.

b) Contract of mortgage: In mortgage cases, amount secured is used to compute Court fee.

c) Contract of lease: In lease cases rent of twelve months including the amount of fine or premium, if any.

d) Award: Where award is made on property, the value of disputed property decides the payment of Court
fee.

11. Between landlord and tenant: It may involve certain types of cases such as:

a) Delivery of counterpart by tenants having a right of occupancy.

b) Enhancement of rent cases by tenant.

c) Delivery of lease by landlord.

d) Recovery of property from a tenant.

e) Contest a notice of ejectment.

f) Recovery of property against illegal ejectment.

g) For the abatement of rent.

How calculated: Court fee is paid on amount equivalent to the rent of last one-year.

12. All the other cases: Cases which are not expressly provided in S. 7 of this Act, Court fee shall be paid minimum
Rs. 15/-.

Fee on memorandum of appeal against order relating to compensation u/s 8: Government may acquire land for public
purpose. Collector assesses the amount payable on the land so acquired. Where landowner has an objection on the
amount of award shall pay Court fee on difference of amount of award and amount so claimed.

For example, amount awarded is Rs. 500,000/- but the amount claimed is Rs. 700,000/-. Court fee shall be payable on
the amount of difference, i.e., Rs. 200,000/-.

Power to ascertain net profits for market value u/s 8: Court is empowered to investigate the annual net profits or
market value of any land, house, or garden. Court may issue a commission for the investigation of estimation. As an
ordinary rule, when the Court considers it necessary to ascertain the market value, etc. of any property, the law
requires the Court to hold the investigation in person.

Procedure where net profits or market value wrongly estimated u/s 9: Where excess amount is affixed as Court fee,
difference is refunded but where Court fee is deficient, Court orders to make good deficiency.

Case is stayed until the additional Court fee is paid within stipulated time period otherwise case shall be dismissed.

Decision of question as to valuation u/s 12: The decision as to Court fee is not final unless rendered after hearing the
two sides. This section requires that the Court shall decide every question relating to valuation, etc. No one can
challenge the decision of Court. Court can reassess it after report of commission issued for this purpose.

Refund of fee paid on memorandum appeal u/s 13: Court fee is also refunded where case is remanded.

Where case is partially remanded, partial fee is refunded upto the extent of case is upheld.
Where case is rejected, it can be filed again but where case is dismissed, it cannot be reopened.

Where fee is refunded, Court also issues a certificate indicating the refund of Court fee.

Multifarious suits u/s 17: Under Code of Civil Procedure two or more causes of actions can be joined.

1. Multifarious suits: It contains two distinct matters.

2. Court fee aggregate:

3. How determined: If separate suit could be maintained.

4. Where section is applicable: On suits and appeals.

5. Benefit of government:

6. Speedy justice:

7. Joining of cause of actions:

8. To prevent fraud:

9. To avoid multiplicity:

Amount of Court fee: Court fee is paid on accumulated amount of relief, which is sought. Aggregate amount of subject
matter is subject of the payment of Court fee.

Object of law: Object of law is to prevent government to suffer from pecuniary loss. Joining of causes of actions with
single Court fee may cause loss to government. This section helps government to avoid such loss.

Scope of law: This law is applicable only in plaints and appeals arising out of plaints. It is not applicable on applications
and its appeals.

Exemption of certain documents from payment of Court fee u/s 19: Following documents are exempted from the
compulsory payment of Court fee:

1. Power of attorney.

2. Written statement.

3. Probates of Wills.

4. Letters of administration.

5. Securities and Certificates.

6. Supply of water for irrigation belonging to government.

Probate, letters of administration, and certification of administration: Sections 19 – A to 19 – K, are entirely related
with the probate and administration. Probate is the certified copy of Will while letter of administration is related to
execute the property of deceased.

Relief where too high a Court fee has been paid u/s 19 – A: Where probate is granted to administrator who has paid
too high Court fee to obtain letter of administration, he may apply to Chief Controller Revenue Authority for the
reimbursement of the excess Court fee.
Administrator has to prove the excess fee paid alongwith the entire details of inventory. When Court shall think fit,
shall refund the excess Court fee paid as per procedure laid down for the purpose. Previous Stamp Paper is cancelled
and fresh Stamp Paper is filled in to do so.

Six months’ limitation period are granted to bring into the knowledge of Court for refund of excess Court fee.

Relief where debts due from a deceased person have been paid out of his estate u/s 19 – B: Where Court fee has been
calculated on the entire estate including the debts of deceased, are considered in excess of original.

Debts payable from the estate of deceased are not considered the estate of deceased person. They are not liable to
payment of Court fee. If fee is paid on such debts, is liable to refund.

Limitation period for three years is provided to bring into the knowledge of Court for refund of excess Court fee.
Limitation period can be extended upon the proof of lengthy proceeding to decide the payment of debt.

Relief in case of several grants u/s 19 – C: Letter of administration is issued for whole of the estate. Administrator has
to administer the whole estate. Whenever administrator dies before the complete administration of the estate of
deceased person, fresh probate is to be issued to new administrator. Such fresh letter of administration is not liable
to payment of fresh Court fee.

When estate would has been alienated and then holder of the estate dies, then issuance of the fresh probate shall be
subject to the compulsorily payment of Court fee. It is not covered under the former principle of exemption from the
payment of Court fee.

Probate declared valid as to trust property though not covered by Court fee u/s 19 – D: Where deceased person holds
trust property which is also to be administrated, it shall not be liable to compulsorily payment of Court fee. It is exempt
under Court fee law.

Provision for case where too low a Court fee has been paid on probates, etc. u/s 19 – E: This section deals the with
too low fee paid on the grant of probate or letter of administration.

Assessment of property value: Chief Controlling Revenue-authority of the area has power to ascertain the true value
of the property on which probate or letter of administration is granted where the Court fee paid is too low.

Payment of full Court fee: Authority makes an orders the payment of full Court fee on the grant of probate or letter
of administration according to the value of the property of deceased.

Imposition of penalty within one year: Authority imposes penalty five times on deficient value paid if the deficiency
is made good within one year.

Imposition of penalty after one year: Authority imposes penalty twenty times on deficient value paid if the deficiency
is made good after one year.

Remittance of penalty upon satisfaction: Only Chief Revenue Controlling authority has power to remit the penalty
imposed.

Conditions of such remittance: Chief Revenue Controlling-authority may remit the penalty imposed on the following
clarification:

1. Limitation for application: Penalty imposed can be remitted if the application is made within six months after the
ascertainment of the correct value of the property.

2. Bona-fide mistake: Where administrator proves that the payment of too low Court fee is result of bona-fide
mistake and without intention, authority may remit the penalty imposed either five or twenty times.
3. Later discovery: Where payment of too low Court fee is result of the later discovery from the estate of deceased
and administrator satisfies the authority, authority may remit the penalty imposed.

4. Lack of fraud intention: Where a too low fee is paid without having any fraudulent intention and authority is
satisfied, penalty can be remitted.

5. Lack of delay intention: Some time too low fee is paid with the intention of delay the payment and also to evade
the correct payment. Where administrator satisfies authority that there is no intention to cause delay or defeat to
pay proper Court fee, authority may remit the penalty.

Administrator to give proper security before letters stamped under section 19 – E u/s 19 – F: This section provides
that the revenue authority shall not cause the letters of administration to be duly stamped, if too low a Court fee has
been paid in respect of then, and the security required by the law has not been given to the Court issuing such letters
of administration.

Executors, etc., not paying full Court fee on probates, etc. within six months after discovery of under payment u/s
19 – G: Where administrator discovers under payment and does not make it good within six months, authority may
impose penalty.

Rupees one thousand are forfeited at once and subsequently @ 10% on deficient value fine is charged.

Notice of applications for probate or letters of administration to be given to Revenue authorities and procedure
thereon u/s 19 – H: Following procedure is adopted:

1. Where application for the grant of probate or letter of administration is made to lower Court, Court shall cause
notice to Collector.

2. Where application for the grant of probate or letter of administration is made to High Court, Court shall cause
notice to Chief Controlling Revenue-authority.

3. Collector is bound to inspect the property to determine its value and if administrator has estimation of
undervalued, Collector shall call him to take evidence to ascertain its actual value. Collector shall require to
petitioner for the amendment in valuation.

4. Where petitioner fails to amend the value of the property to the satisfaction of Collector, Collector shall move
application to Court of original jurisdiction for holding of the inquiry for determination of true value of the
property.

5. Court shall make Collector as party and shall order to hold an inquiry for the ascertainment of true value of
property. Also Court shall record its finding about the true value of property.

6. Person designated by the Court is bound to make an inquiry. He shall take oath from petitioner and shall take
evidences to reach on the conclusion. He shall furnish report to Court and Court shall record evidences and
findings.

7. Findings of the Court are binding on petitioner and Collector.

Payment of Court fee in respect of probate and letters of administration u/s 19 – I: Grant of the probate or letter of
administration follows two conditions such as:

1. Petitioner must file an inventory before the grant of probate or letter of administration.

2. Correct Court fee has been paid.

Recovery of penalties etc. u/s 19 – J: This section deals with the recovery of arrears of Court fee from either
administrator or executor. Means to do so are as the recovery of arrears of Land Revenue provided under Land
Revenue Act.

Sections 6 and 28 not to apply to probates or letters of administration u/s 19 – K: Section 6 is not applied for the grant
of probate or letter of administration. U/s plaint is returned until or unless it is not properly affixed the Court fee. But
in case of probate or letter of administration, application is not returned but required to make good the deficiency of
Court fee. If the proper Court fee is not paid, deficiency is made good by the Court as the arrears of Land Revenue are
recovered.

Object of Court Fees Act: Following are the objects:

1. Income of the government:

2. Protection of rights:

3. Awareness:

4. Legalization:

5. Evidentiary value:

6. Proper remedy:

7. Self help:

Concept of Court Fee at punitive level u/ss 10, 19 – A, and 19 – E:

1. Where market value wrongly assessed: s

2. Responsibility of Court: s

3. Where estimate is excess: It shall be refunded.

4. Where estimate is deficient: It is required to make good.

5. Consequences of deficiency: Suit is stayed until is made good.

6. Proceedings on suit: Started when is made good.

7. When fail to make good: Suit is dismissed.

Comprehensiveness of S. 7:

1. Broad:

2. Not fully exhaustive:

3. Changing circumstances:

4. Time to time exceptions:

5. Mostly described:

6. Rs. 15/- where no description specified:

7. Prevent effects of fraud against government:
The Stamp Act
Course Contents:

1. The Stamp Act (II) of 1899 (as amended upto date).

Book Recommended:

1. The Stamp Act, 1899 (II of 1899) by Mian Ghulam Hussain and S. A. Abid.

It is applicable where one conveys his right to other, e.g., partnership deed, sale deed, gift deed etc.

Difference between Promissory Note and Bill of Exchange: A Promissory Note differs from a Bill of Exchange in the
following respects:

1. Parties:

Note: There are two parties in Promissory Note like promisor and promisee or maker and payee.

Bill: There are always three parties in Bill of Exchange, like drawer (one who signs a Bill of Exchange as the maker),
drawee (the person to whom a Bill of Exchange is addressed), and payee (a person to whom a Bill of Exchange is
payable).

2. Mode of payment:

Note: The executant or maker undertakes (promises) himself to pay amount.

Bill: Maker directs another person to pay sum.

3. Liability:

Note: Since he binds himself to pay, so his liability is absolute.

Bill: Since the drawee becomes surety so liability of maker becomes conditional or secondary.

4. Origination:

Note: Maker is originator of the Promissory Note.

Bill: Drawee who accepts is not originator.

5. Holding of payee status:

Note: Promise cannot be made of payment to maker himself. Maker and payee are two different persons.

Bill: In case of Bill of Exchange maker may hold two positions at a time, i. e., drawer and payee.

6. Noting:

Note: Noting is not made on Promissory Note if it remains unpaid or refused.

Bill: If the payment is refused, noting is made on back of it, which is conclusive proof of refusal of payment.

7. Installments:
 Note: It is not drawn in installments.

Bill: It can be drawn in sets.

8. Acceptance:

Note: Acceptance of note is always unconditional.

Bill: It can be accepted conditionally.

9. Status of maker:

Note: Maker is principal debtor.

Bill: Maker is principal surety.

Difference between Cheque and Bill of Exchange: Following are differences between Cheque and Bill of Exchange:

1. Drawn at:

Cheque: It is always drawn on a specified banker.

Bill: It may be drawn on any one. Banker may also be subject of it.

2. Time for payment:

Cheque: It becomes payable right at the time when it is presented for payment.

Bill: Its payment may take grace period, which is three days after it becomes due for payment.

3. Acceptance:

Cheque: It does not require acceptance and becomes payable upon presentation at the counter of bank.

Bill: It requires acceptance before payment.

4. Discharge upon refusal:

Cheque: Maker of Cheque is not discharged if it is not presented unless drawer has sustained damage by the delay.

Bill: Drawer discharges if payee fails to present it at due date or commits default.

5. Notice:

Cheque: Banker is not obliged of notice if Cheque is not met.

Bill: Notice is necessary through Notary Public (a person licensed by government) if it dishonors.

6. Revocation:

Cheque: It is revocable after it is issued.

Bill: It remains irrevocable after it is made.

Instruments chargeable with duty u/s 3: Following documents are liable to pay stamp duty:
1. Execution in Pakistan: If any person executes any document in Pakistan or after July 01, 1899, which is not
previously executed is liable to pay stamp duty.

2. Negotiable instrument: Bill of Exchange and Promissory Note which are drawn out of Pakistan but negotiated
in Pakistan require stamp duty.

3. Other negotiable instrument: Any negotiable instrument other than of Bill of Exchange and Promissory Note
which is executed out of Pakistan but received in Pakistan needs to pay stamp duty.

Exemption: This general rule has exception such as:

1. Instrument of government: All the instruments relating to government are exempt to pay stamp duty.

2. Instrument executed by government:

3. Instrument executed on the behalf of government:

4. Instrument executed in favour of government:

5. Instrument of sale of ship:

6. Instrument of transfer of ship:

7. Instrument relating to ship:

8. Instrument of the mortgage of ship:

9. Where local government exempts:

Several instruments used in single transaction or sale, mortgage, or settlement u/s 4: Where more instruments are
used in completion of single transaction, stamp duty shall be paid on principal instrument.

Duty on principal document: Duty is paid only on principal document.

Duty on other instruments: All other instruments shall bear a stamp duty of Rs. 4/- (now Rs. 20/-) on each page. Duty
prescribed in Schedule shall not be applicable.

Amount of duty: Duty is applicable as prescribed under Schedule I.

Determination of principal instrument: It is left to parties to determine whether, which instrument is principal for the
purpose of payment of stamp duty.

Highest duty: Party has to pay highest duty on the instruments where several instruments are used to complete single
transaction.

Instruments relating to several distinct matters u/s 5: Under this law instrument containing more than one matters is
allowed which are distinct. It is different than S. 4 where only under which more than one similar type transactions are
allowed for the purposes of stamp duty. This section is related with several distinct matters.

Amount of duty: Where instrument comprises on more transactions, stamp duty shall be paid on the aggregate value
of all the documents.

Example: Where a document is both a sale deed and a bond, it is chargeable with aggregate duty of a sale deed and a
bond.
Instruments coming within several descriptions in Schedule I u/s 6: Where instrument comes under two or more
descriptions under Schedule I, stamp duty shall be paid of highest value prescribed for the purpose.

Amount of duty: As per this section where an instrument comes within the provisions of two or more Articles in the
Schedule I, the instrument is to be charged with the highest of the duties leviable when such duties are different.

Policies of sea insurance u/s 7: If sea policy is taken and nothing is mentioned in it except, which is compulsory, it shall
not be applicable and acceptable.

Validity of sea policy: Sea policy remains valid for maximum period of twelve months. It cannot go beyond one year.

Coverage under sea policy: Sea policy remains invalid unless following things are provided under it:

1. Particular risk or adventure.

2. Names of the subscribers or underwriters.

3. Amount of the insurance.

Bonds, debentures, or other securities issued on loans under Act XI of 1879 u/s 8: Stamp duty is paid at once for whole
amount of the loan. Payment of loan on installments does not effect the stamp duty. Subsequently no duty is paid.

10% debentures are forfeited where they are issued without payment of compulsory stamp duty. Such deduction is
calculated on the payable stamp duty.

Examination and impounding of instrument u/s 33: The Civil Judge had the authority to impound (confine, confiscate)
the document if he is of opinion that document is not sufficiently stamped. He could admit the document in evidence
if eleven times the stamp duty was paid. If the document was not admitted in evidence then S. 38 (2) was applicable
and the document was to be sent to the Collector. U/s 38 (2) he could only send the to the Collector, he had no power
to impose penalty.

1. Must be stamped:

2. Who can impound:

a) Every person consented:

b) In-charge of public office:

3. Exception: Criminal Court cannot impound document except trial under chapters 12 and 36.

4. Usefulness:

a) Awareness:

b) Education:

c) Protection of right:

d) Income of government:

5. Object:

a) Punishment:

b) Awareness:
 c) Prevention of government loss:

Special provision as to unstamped receipts u/s 34: When during audit any receipt is produced before auditor or public
officer unstamped on which duty is payable maximum twenty five paisas, it shall not be impounded (taking into
custody). Only deficiency shall be made good.

The person producing such receipt shall be required to affix duly stamp on the receipt for its presentation.

Instruments not duly stamped inadmissible in evidence u/s 35: It is general provision of Stamp Act as with as of the
Qanun-e-Shahdat Order, that document having no duly stamped or deficiently stamped is not acceptable in evidence.

Where document produced for evidence requires maximum stamp duty paisas twenty five, penalty shall be imposed
to Rs. 5/-, but where deficiency is more than Rs. 5/- then ten time penalty of the due duty shall be imposed in addition
to the actual duty.

A seller is liable to pay stamp duty on receipt when he issues cash memo or any receipt of payment of cash. Where
seller issues receipt unstamped, buyer can produce this receipt against seller upon the payment of penalty of Rs. 1/-.

Where contract is made through correspondence, they shall be admissible in evidence provided that any one of them
is duly stamped.

Document of any nature cannot be confiscated or impounded in criminal proceedings. All documents are liable to
admit in evidence. A criminal Court cannot refuse to admit a document in evidence though it is not duly stamped.

All instruments executed by or on behalf of government are exempt from the payment of compulsory duty.

Admission of instrument where not to be questioned u/s 36: Where Court admits any document in evidence, objection
cannot be raised by the party as to its insufficiency of the stamps. Only appellate Court can take its notice at its own
motion.

Admission of improperly stamped instruments u/s 37: Where stamps are affixed of the sufficient amount but with
wrong description, deficiency can be made good. This is upto government whatever laws are made to do so.

Person may commit mistake as to stamp of actual denomination and affixes the postal stamp. He has not tried to
avoid the affixation of stamp. He can be allowed to affix the stamps of correct denomination.

Offences under Stamp Act u/ss 62 to 69: Following the offences under Stamp Act:

1. Drawing Bill of Exchange or Promissory Note without stamps other as witness:

2. Making Bill of Exchange or Promissory Note without stamps other as witness:

3. Issuance Bill of Exchange or Promissory Note without stamps other as witness:

4. Transferring Bill of Exchange or Promissory Note without stamps other as witness:

5. Signing Bill of Exchange or Promissory Note without stamps other as witness:

6. Execution Bill of Exchange or Promissory Note without stamps other as witness:

7. Voting as proxy without affixing stamps:

8. Attempting to vote as proxy without affixing stamps:

9. Failure to cancel stamps: Penalty is Rs. 200/-/ as fine.

10. Defraud to government:

11. Refuses to give receipt:

12. Separate receipts to defeat stamps:

13. Postdating Bill of Exchange to defraud government:

14. Disobey rules in selling stamps:

15. Selling stamps without appointment:

Aims and objectives of Stamp Act: Following can be described:

1. To increase government income:

2. Regularization of document:

3. Evidentiary value of document:

4. Creation of rights:

5. Registration on duty payment:

6. Penalization on unpaid duty:

7. Prevention of fraud and loss to government:

8. Consolidation the law relating to stamps:

9. Amend the law relating to stamps:

Law regarding refund of stamps not used for proper purpose: Sections 54 to 59 of the Stamp Act are related with
the refund of stamps which are not used for the purpose they were bought. Rule 19 of Stamp Rules prescribes that
any person either seller or his power of attorney may get refund of the stamps.

Mr. Muhammad Akram, Advocate filed an application in the office of District Officer (Revenue), Lahore, for the refund
of stamp papers worth to Rs. 800,000/- which he had bought for the execution of Sale Deed. Later on sale deed could
not be executed due to certain reasons. District Officer (Revenue), Lahore, declined his application on the ground that
rules do not allow the refund of stamp papers to the person other than who has bought the papers, i.e., seller. Mr.
Muhammad Akram, Advocate, filed a Writ Petition No. 9077/2005, dated 25-05-2005, in Lahore High Court, Lahore. Mr.
Justice Nasim Sikander, directed the District Officer (Revenue), Lahore, to decide the matter within ten days in
accordance to law. District Officer (Revenue), Lahore, decided the matter on 06-06-2005, declining the application of
Mr. Muhammad Akram, Advocate, on the ground that rules do not allow the refund to him but to owner of the
property only.

Mr. Muhammad Akram, Advocate, aggrieved by the said order, filed an Appeal No. 11572 of 2005, in Lahore High
Court, Lahore, which was accepted and decided on 21-02-2006, directing District Officer (Revenue), Lahore, to refund
the amount of Stamp Papers to appellant.

In the said appeal, the seller was also a party and was called to appear in court, but she did not appear before court,
therefore, court decided an appeal in favour of appellant.

Mr. Justice Nasim Sikander of Lahore High Court adjudicated in a similar Civil Miscellaneous[1] to refund the stamp
papers to the applicant rather seller.
[1]
CM No. 152-L/2005, dated 26-04-2004 (Civil Origin No. 31 of 1985).
The Suit Valuation Act
Course Contents:

1. The Suit Valuation Act (III) of 1887 (as amended upto date).

Book Recommended:

1. The Court Fees Act and the Suits Valuation Act by Raja Said Akbar Khan.

The valuation of a suit for jurisdictional purposes under the Suits Valuation Act is perfectly distinct from its valuation
for fiscal purposes of Court fee, the one depending on the value of the subject mater and the other on a certain value
fixed by statutory rules. This Suits Valuation Act and the Court Fees Act are not in pari materia. They cannot be treated
as forming a code and read together. The former being an Act fixing the value for the purposes of jurisdiction and the
matter being a fiscal enactment prescribing rules to determine the value of suit for the purposes of Court fee.

The valuation for purposes of Court fee should be determined first and that for purposes of jurisdiction must follow
on the same.

Court fee value and jurisdictional value to be the same in certain suits u/s 8: This law prescribes that the value of both
Court fee and suit valuation should be the same in certain cases as provided u/s 7 of the Court Fees Act.

The valuation for the purposes of Court fee should be determined first and that for the purposes of jurisdiction must
follow in the same.

The plaintiff cannot, therefore, give one valuation for the purposes of Court fee, and another valuation for jurisdiction,
where these should be the same. He is not entitled to put a higher valuation for the purposes of jurisdiction and a
lower valuation for purposes of Court fee. Where he does this, the value for the purposes of Court fees is to be taken,
despite anything to the contrary in the plaint, as the value for the purposes of jurisdiction.

This section applies to the appellate courts as well as to the lower courts. But it cannot be applied to cases in which
separate relief, no one of which exceeds the value of the property in suit, are claimed in the alternative in respect of
that property.

Determination of value of certain suits by High Court u/s 9: The term of this section permit of the re-valuation of the
suit of the class contained in Article 17(v), Schedule II, Court Fees Act, and there can be no question that the valuation
of Rs. 10/- fixed under that Article is an arbitrary one and so it is intra vires for the High Court, with the previous
sanction of the Provincial Government, to have laid down the rule contained in Notification.

Objects and purpose of valuation: Following can be put as objects and purpose of the Valuation:

1. Proper forum:

2. Speedy justice:

3. Expert forum:

4. Avoid rush:

5. Understandability:

6. Education:

7. Protection of right:
8. Awareness of people:

9. Removal of defects of jurisdiction:

10. Saving of appeal right:

11. Time saving:

12. Award on rights of people:

13. Punishment on sleep:

14. Relevant Court for each case/suit:

Object on pecuniary jurisdiction u/s 11:

1. Primary object: It should be decided at original level.

2. Instantly objection: Before going into issues.

3. In the lower appellate Court:

4. In latter appellate Court:

5. Record of reasons:

6. Satisfaction of suit:

7. Disposal of suit: Court may or may not admit the suit.

8. Possible objection: Over and under valued.

9. Where remand: It is referred to proper court.

10. Extent and date of commencement: All Pakistan from July 1887.
Urban Rent Restriction Ordinance
Course Contents:

1. The Urban Rent Restriction Ordinance (VI of 1959) (as amended upto date).

Book Recommended:

1. The Urban Rent Restriction Ordinance, 1959 by M. A. Malik.

Rent controller is not a Court thus not suit is instituted before him. Mere application can be put before him for any
dispute relating to rent or ejectment etc.

Definition clause u/s 2: S. 2 relates with definitions. The meanings given in the definition clause are applicable in the
whole of Ordinance. Any other meaning cannot be taken in the Ordinance as and when they come in the Ordinance.
General meanings are not applicable whichever has been defined. Definition of some words is as follows:

1. Building: In general building means a place or structure comprising on rooms, lawn, kitchen, bathroom, and garage
etc. As far as this Ordinance is concerned any place or structure which is let out for any purpose and landlord
receives rent against such let is called building. The important thing to define the building is the existence of
relationship of landlord and tenant. This definition includes some exceptions such as:

(1) Room in Sarai: Sarai is the place where commuters take rest. Its room does not include in the definition of
building.

(2) Room in Hotel: Hotel is also a place where travelers reside temporarily. These rooms are not covered under
the definition of building.

(3) Room in Hostel: Hostel is a place where people reside for a season, which may either, be of study season or
working season. This definition does not cover such rooms.

(4) Room in Boarding House: Generally living place for young students is called boarding house. Its rooms are
not supposed building within the meaning of this Ordinance.

2. Controller: He is a judicial officer to whom Provincial Government appoints. He determines the relationship of
landlord and tenant. He may evict tenant while Civil Court has not jurisdiction over the matters of landlords and
tenants. Although he is Civil Judge, but for the purpose of this Ordinance, he is Rent Controller. He cannot be
termed as a Judge. A common person cannot be appointed as Rent Controller except a Judge. He hears the
disputes arising out from the relationship of landlord and tenant. Disputes referred to him are called application
and not suit. He does not follow the rules of Code of Civil Procedure. He fixes the fair rent. Also he hears on
applications for ejectment of tenant when landlord applies.

3. Landlord: He is a person who lets building and receives rent in such consideration. His receipt of the money can
be either on the behalf of owner of the building or owner of building himself may receive rent. The word landlord
should not be confused with the word of landowner. Some time person who receives rent is itself landowner but
in all cases he does not receive rent. Person who receives rent is landlord either he is clerk or person appointed on
the behalf of landowner. Trustee, guardian, receiver, executor, administrator, and such tenant who sub lets are
also landlords within the meaning of this Ordinance. Assignee or any authorized persons are also called landlords.
Their landlord-ship is confined upto the extent of the term for which they have sub-let the building.
4. Non-residential building: Any place or building which is let out but not for the purpose of residence is non-
residential building. This place is exclusively let out for the purpose of trade or business.

5. Prescribed: Where the word prescribed is used means the prescription of the rules under this Ordinance.

6. Rented land: It is a piece of land particularly let for trade of business, separately.

7. Residential building: Any place or building, which is let out for the purpose of residence, is residential building.
This place is exclusively let out for the purpose of dwelling.

8. Scheduled building: This is a building, which is partly used for residence and partly used for business or trade
purposes. As far as profession is concerned for which building is used partly, should be profession specified in
Schedule to this Ordinance. Every type of business is not subject of scheduled building. Only particular business
can be run in scheduled building. Person residing in scheduled building may or may not the actual owner of the
building. He may either be owner himself or any other tenant. Only test to form scheduled building is that this
building used for both residential and commercial purpose. Owner of the building may reside in upper storey and
may run business in first storey.

9. Tenant: Tenant is a person who pays rent to his landlord or on whose behalf rent is paid to his landlord for the use
of building. Tenant remains tenant even after expiry of rent agreement. Once a tenant, always a tenant. His
position remains the same. Legal hairs of the tenant are also covered within the definition of tenant. But the
persons who live with tenant with his permission are not considered as tenant within the meaning of this law.

Person designated for the collection of rents or other benefits is also not a tenant. There is an exemption to this
rule. Any outsider who lives with tenant with the written permission of landlord is tenant.

10. Urban area: Any area, which is administered by municipal corporation, a municipality, a municipal committee, a
town committee, or a notified area committee, is called urban area.

Kinds of tenancy: Law prescribes only three types of tenancy, i.e., residential, commercial, and schedule tenancy.

Exemption u/s 3: Government has right to suspend the operation of the part of the ordinance on certain buildings,
which come within the limits of application of this Ordinance. It is declared by notification in the Gazette. Under this
section government has made following exemptions:

1. Building and rented land vested in the Federal and the Provincial Government.

2. Properties belonging to the Dyal Sing Trust Society (Ó‘ÖBmÌm ’mj• ê•Äm ¾BÍe), Lahore.

3. Properties under the control and management of the Charitable Institution Department, Peshawar.

4. Properties owned by the Anjuman-I-Hamayat-I-Islam (ÂÝmA OÖBÀY ÅÀVÃA), Lahore.

5. Such buildings and lands belonging to a local body administering an urban area which used to be let out in the past
by means of auction. This would include such buildings and superstructures, which have been built, by lessee on
land owned by a local Authority or Municipality. Sha’alam Market (’ηiB¿ Á»B§ ÊBq) is the example.

6. Buildings and lands belonging to the West Pakistan Government Servants Benevolent Fund.

7. Property in Mozang owned by the Anjuman Rafa-i-Aam (ÂB§ ªB¯i ÅÀVÃA), Mozang, Lahore (i) Shops, (ii) Industrial
School (iii) Maternity Child Welfare Center Building (iv) Community Hall (vii) Janazgah, and (viii) Mosque.
8. All the provisions of the said Ordinance shall not apply to the Mama Building, situated on Plot No. 19 RB, 10 near
Urdu Bazar, Arambagh Quarter, Karachi.

9. Those buildings or lands belonging to a local body administering an urban area which are used as shops and are of
commercial nature.

10. Building No. S. 64 – R – 101, Anarkali, Lahore, which is under the control and management of Dr. Amir-ud-Din
Trust, Lahore.

11. Evacuee Trust properties under administration, control, and management of Evacuee Trust Board.

Fixation of fair rent u/s 4: Both landlord and tenant have right to put their objection regarding the fixation of fair rent
to Rent Controller. Both may move application to Rent Controller.

Application only for residential building under this section is liable to move. Upon the receipt of application, Rent
Controller holds enquiry to determine fair rent. He takes certain measures to reach the conclusion. Following points
are kept in view while determining the fair rent:

1. Comparison of similarity: Rent Controller compares the rent fixed for the residential buildings of the same
structure in the same locality. Similarity of the all nature is kept in view while determining the fair rent. Comparison
comprises the view of rent fixed for the same types of buildings.

2. Current comparison: Time of viewing the similarity and making comparison should be the time when application
is moved and not the subsequent comparison. This comparison is made only with residential building.

3. Prior comparison: Rent Controller may also take into consideration the comparison of the similar circumstances
for a prior of one year. But he cannot go beyond one year. This comparison is also subject of residential building.

4. Rise in construction cost: If the cost of construction has been increased after commencement of tenancy is kept
in view in determination of fair rent.

5. Imposition of new taxes: Imposition of new taxes after commencement is also considered for the fixation of fair
rent.

6. Increase in repairing charges: Repairing charges are also considered while fixing the fair rent.

7. Rental value in government record: Tax Assessment Authority of Taxation Department assesses the rental value
of the residential buildings periodically and enters it into registers. Also local bodies perform this job. Their
registers are also consulted and this consultation helps in fixation of fair rent.

It should be kept in mind that this consultation must comprises for the period when application was moved or
maximum prior to one year of such application. Consultation made for the period prior or subsequent is null and
void as far as this section is concerned.

2. Mutual agreement: Rent Controller honors the agreement between the parties.

3. Maximum increase: 25% is allowed.

4. Implementation of fair rent u/s 5: It is implemented for maximum three years.

Payment of rent: As soon as Rent Controller fixes rent, it becomes payable on the part of tenant. Fixation of rent does
not take place earlier than of the date of filing the application. Rent becomes payable since or after the filing of
application, if fixed by the Rent Controller.

Maximum rise in rent: In any circumstances rent shall not be increased more than 25% of the rent last paid by the
tenant before filing the application. Rent Controller can rise rent upto maximum 25% of the last paid rent by the tenant.

Grounds for increase in rent before three years u/s 5: In general where Rent Controller has fixed fair rent on
application, further increase shall not take place before three years. It means once rent fixed remains in force till three
years. But there are some exceptions to this rule such as:

1. Agreement: Where landlord and tenant with mutual consents make agreement for the increase of rent before
statuary period, i.e., three years, law abides it.

2. Additions or alterations: Where tenant has made request for addition in house or improvement, additions, or
alterations, landlord may increase rent before three years.

Guiding rule for such increase: Rent Controller takes into consideration the rent in the same locality with same
alterations before making judgment.

Revised rent takes effect from the date of the completion of the work actually. During the work in progress, increase
cannot be demanded.

Only Rent Controller is authorized to decide the dispute between landlord and tenant arises on the grounds of fixation
of fair rent.

Increase of rent of commercial buildings u/s 5 – A: Increase in rent for non-residential buildings (commercial buildings)
takes place after every three years.

Rate of increase: Increase in rent for commercial buildings, is fixed by law is 25% per month of the rent already being
paid by the tenant.

How rent increases: Rent automatically comes into effect without going to Rent Controller.

1. Term for enhanced rate: Increase in rent remains in force for a period of three years, from the date of its increase.

2. How first increase in rent is determined: Following is the criterion for the determination of increase in rent:

3. Prior agreement: Where already rent agreement is in force for a period of three or more years before this
enactment, then first increase shall take place on July 01, 1989.

4. Upon completion of three years: Where prior agreement to this enactment has not completed three years,
increase takes place after completion of three years whenever it comes.

5. Where increase is lesser: Where rent has already been increased mutually but rate of increase is less than 25%,
remaining difference shall remain payable.

6. Where increase is equal or larger: Where already rent has been increased upto equal or more than 25%, further
increase shall not be made before completion of three years.

7. Default: Where due increase is not paid within sixty days, tenant shall become defaulter and penalty shall be
imposed. Tenant shall become liable to eject.
8. Abatement of pending cases: Ss. 4 & 5 are particularly related with non-residential buildings thus cases pending
under such sections shall cease to exist wherever they are pending either in Rent Controller, Appellate Authority,
or in any other Court.

9. Inapplicability of law: Where landlord and tenant mutually make an agreement for required increase in rent
before Rent Controller, there provisions of law from 5A(1) to 5A(5) shall not remain applicable.

10. Landlord not to claim anything in excess of fair rent u/s 6: Where fair rent has been fixed by the Rent Controller,
landlord extinguishes the right to claim more than of fixed rent. This is applicable only in the cases of residential
buildings. Fixation of fair rent for residential buildings comes under Ss. 4 and 5.

Prohibition of additional claims u/s 6(a): Landlord can claim only what has been fixed by the Rent Controller. Tenant
is not liable to pay any claim or premium to landlord except other than fair rent.

Exception: Although landlord cannot claim or receive any premium or additional rent, which Rent Controller has fixed,
but there is one exception to this rule. Landlord can negotiate to receive advance rent. But this advance rent cannot
exceed from the one-month’s rent. In this way demand of Pugri (goodwill) is prohibited at law.

Nullity of certain rent agreements u/s 6(b): Where landlord has made any rent agreement with tenant in which
amount of rent provided exceeds, such rent agreement shall be void upto the extent as far as the payment of rent is
concerned. Landlord cannot make any agreement, which defeats the purpose of fair rent. Only fair rent is receivable.
Any agreement, which is over and above to law, is null and void and has no effect in law.

Refund of beyond the fair rent u/s 6(c): Where rent has been paid rent in excess of fair rent shall remain refundable
to tenant. Landlord cannot retain such extra sum of rent. This refund shall become applicable on the date of
application. Rent paid before making application to Rent Controller shall not be refunded. This extra payment of rent
can also be adjusted in subsequent rents.

Retrospective effect of law u/s 6(2): Any rent in excess of fair rent shall not be refunded if it is made before January
01, 1950. In other words law of recovery is applicable from January 01, 1950.

Prohibition of certain additions u/s 7: Landlord is not allowed to require any payment of any fine, premium, or any
other like sums in addition to the rent at the time of grant, renewal, or continuance of tenancy.

Rent which should not have been paid may be recovered u/s 8: Where tenant has paid excessive rent to landlord
before the enactment of this Ordinance which is not recoverable can be adjusted or recovered provided tenant
obtains prior permission from Rent Controller. Such permission should be obtained within six months of the
enactment. Application must be made to Rent Controller within six months from the last paid rent.

Tenant himself cannot decide whether what is fair rent which should be paid and which portion of the rent is
recoverable. It is upto Rent Controller whether what he decides.

Law lays down a procedure for the recovery of excess rent paid by the tenant. The question as to when this excess
rent becomes recoverable has to be determined with reference to S. 6 which clearly speaks of a stage when the
Controller has fixed the fair rent. The tenant can take advantage of this section only when he has paid any sum, which
is irrecoverable by virtue of the provisions of the Ordinance.

Under the Ordinance tenant is liable to pay the contractual rent until a fair rent is determined by the Rent Controller
u/s 4, till such time the land is entitled to receive the agreed rent and the tenant under an obligation to pay.
It cannot, therefore, be said that any part of that rent even if it is in excess of the fair rent determined subsequently is
irrecoverable under the provisions of this section. The remedy provides in this section is in addition to the remedies
available under the general law.

Computation of statutory period: Period consumed in litigation shall be excluded from the statutory period of six
months and shall commence after litigation finishes. Litigation may take several months in decision, which should be
excluded.

Rent which landlord can charge u/s 9: Government may impose certain taxes on landlords and may increase running
taxes. This enhanced payment on the part of landlord is recoverable provided he obtains prior approval of Rent
Controller.

Landlord cannot charge more than ½ of the enhanced amount which is payable on his part. If new tax @ Rs. 500/- per
month is imposed, he can recover from tenant maximum Rs. 250/- per month with the prior approval of Rent
Controller. If government increase the tax from Rs. 500/- per month to Rs. 700/- per month, then landlord may charge
only Rs. 100/- per month with prior approval of Rent Controller. Only enhanced amount is subject of recovery and not
the entire amount.

Enjoyment of amenities u/s 10: When landlord gives his building on rent with the right to use all amenities to tenant,
he becomes bound to protect the right of tenant. Landlord cannot remove such amenities except with prior
permission of Rent Controller or by orders of the government. Rent Controller and government is the authority to
make such orders.

Where landlord removes such amenities without any sufficient cause, tenant may make an application for the
restoration of such amenities. Rent Controller may direct landlord after making inquiries to restore them.

If a landlord contravenes the provisions of this section the tenant can make application to the Controller complaining
such contravention. The authority on finding that the amenities were enjoyed by the tenant and are willfully cut off or
withheld by the landlord without just or sufficient cause is bound to make order for the restoration of the same.

Conversion of residential building into non-residential u/s 11: Conversion of residential building into commercial is
prohibited. Only Rent Controller is authorized to do so. Private parties cannot decide this matter themselves. The
conversion of a property from residential to non-residential is violation of the law on subject and is against the public
policy. Law prohibits such conversion except with the permission of Rent Controller.

Failure of landlord to make necessary repairs u/s 12: As far as the repairs are concerned they either are major or minor
are liability of landlord. Tenant cannot make any major alteration of structure. Where landlord fails to make necessary
repairs, tenant can apply to Rent Controller for such repairs. Rent Controller makes necessary inquiries and if he thinks
fit may allow tenant to make such repairs and adjustment of the cost of repairs from subsequent rent.

The tenant cannot claim absolute right to carry out the repairs. It is open to the Rent Controller to honour an
agreement between the landlord and the tenant which tried the liability to pay the fair rent to tenant and to refuse or
to grant permission to repair.

It is purely a question of discretion vested in the Rent Controller for granting or refusing for permission for repairs.
But the discretion must be exercised on sound judicial principles.

Reimbursement of expenses incurred on repairs under the order of a local authority u/s 12 – A: Where any house or
place is in a worst condition and is liable either to repair or demolish, local authority may pass order for its repair or
demolishment.
Owner of the building is under duty to comply the orders of the authority, but where owner fails to do so then
authority directs tenant to do so. Tenant becomes responsible to make necessary repairs.

Tenant prepares a statement containing the details of the expenses incurred during obligatory repair or maintenance
of the rented building and submits to local authority for verification. Authority checks and verifies the accounts. As
the authority verifies the accounts, tenant may adjust the expenses from subsequent payable rent.

Protection of tenancy u/s 13: Only this Ordinance may govern the matters relating with tenant and landlord. Any
decree passed for eviction of tenant before or after present enactment in contravenes to the provisions of this
Ordinance is void. Civil Court has not jurisdiction over the matters for which this enactment is subjected.

Subject of ejection: Any tenancy either residential, commercial, or schedule building is subject of ejection on any one
of the ground provided under this Ordinance. Application can be moved against any tenancy.

Eviction of tenant u/s 13: Where law provides protection to tenant there provides grounds of his ejectment. Grounds
provided u/s 13 are not fully exhaustive. Rent Controller gives reasonable opportunity to other party before direction
for ejectment. Maximum four months are allowed to tenant for the eviction from tenancy when Rent Controller
passes orders. Following are the grounds whereby ejectment takes place:

1. Default in payment of rent: Where agreement for the payment of rent exists, tenant is liable to pay rent on the
date mutually agreed for. Where such agreement does not exist, tenant is bound to pay or tender rent maximum
within sixty days from the last payment of rent. Tenant is liable to pay or tender rent within fifteen days after the
expiry of agreed date.

Where tenant fails to pay or tender rent within fifteen days where agreement for the payment of rent exists or
within sixty days where tenancy is oral, he commits default in payment of rent thus is liable to be ejected.

2. Unauthorized sub let or sub lease: Where tenant sub leases or sub lets building without having written permission
from landlord commits violation of law and liable to be evicted.

3. Inconsistent use of building: If building is used for the purpose other for which is rented is contravention of the
law and is considerable in eviction of tenant.

For example, building is let for residential purpose but tenant uses it for commercial purpose, or building is rented
out for business purpose but it is being used for illegal business is inconsistent use of building. Such tenant can be
ejected from building.

4. Damage to building: Tenant is duty bound to take care of building as ordinary prudence (judgement) man takes
care of his own building. Where tenant commits any act or omission, which causes injury to building, is good
ground for eviction of tenant. If the value of building is diminished in value or utility makes ground for ejectment.

5. Causing nuisance: Tenant has to reside peacefully in rented building. If his any act causes nuisance to other
neighbors renders him to eject.

6. Failure to occupy within four months: Tenant is responsible to occupy rented building within four months from
the date of agreement. This rule is applicable in all the areas other than of hill station. When tenant commits
default in occupancy within stipulated period, he becomes liable of ejectment. His payment of rent for the non-
occupancy period becomes immaterial. Occupancy within four months is mandatory under law. Tenant may
advance reasonable cause for such commission of failure.
7. Reconstruction of building: Landlord may require rented building for rebuilding or reconstruction. Requirement
of landlord must be bona-fide including permission from concerned authorities. House cannot be demolished for
reconstruction in the presence of tenant. When Rent Controller satisfies then orders for the ejectment of tenant.

Tender of rent: Tender of rent does mean discharge of obligation of payment of rent by means of money order or
deposit of rent to Rent Controller with the leave of Rent Controller. Personal payment to landlord is also tender of
rent. If landlord does not receive money order, tenant is not liable to send two months’ in next following months.

Tenant is liable to pay only rent for the corresponding month. Rent which landlord has been refused is not to be sent
again. Such rent so refused may be deposited in bank with the permission of Rent Controller to avoid any uncertainty
upon the payment of entire rent when Rent Controller decides on application. It is to be noted that rent refused does
not imply that such rent has been remitted but it remains due and payable.

Payment of rent: Discharge of obligation by personal payment of rent. Payment of rent within fifteen days where
agreement exists and within sixty days where tenancy is oral, person is called payment of rent.

Repossession of landlord: Where application is decided in favour of landlord, Court gives reasonable time to tenant
for eviction. This time period may be given either in parts or in full, but in any circumstances it shall not exceed than
four months.

Immediate repossession upon non-compliance: Where Rent Controller makes an order in favour of landlord and
tenant commits default in tender of rent, landlord shall attain the right to eject tenant at once. In such a situtation,
tenant is bound to put possession to landlord.

Due payments against amenities: Payment of electricity or water or both by tenant is liability of tenant if provided
under Rent Note. They are deemed as rent. Commission of default in the payments of such amenities is as default as
in the payment of rent is. It may also cause ejectment.

Other grounds of ejectment u/s 13(3): Law prescribes other grounds for the ejectment of tenant particularly on the
grounds of personal needs of the landlord. Following are the reasons for residential building only.

1. Personal or children’s need in good-faith u/s 13(3)(a)(i)(a): Where landlord is in real need of the building so let on
rent either for himself or for his children, may apply to Rent Controller for ejectment of tenant. This need must
follow bona-fide requirement. Landlord has to show that the premises from which he is seeking the ejectment of
his tenant is more suitable for his needs than the one he is occupying. The landlord also would be deemed to have
satisfied condition of good faith.

2. Suitability to needs u/s 13(3)(a)(i)(b): Where landlord is in need of residence where he does not occupy another
residential building in the same locality, may apply for the eviction of the tenant on this ground.

3. Forcible ejectment u/s 13(3)(a)(i)(c): Where provisions of the Ordinance have come into force and landlord has
been evicted from residential building without any reasonable cause and he is seeking towards his only residential
building, may apply for ejectment of sitting tenant. Where such tenant has ejected with reasonable cause, he shall
not become entitle to eject his present tenant.

Ejectment for non-residential building: Provisions of ejectment for non-residential buildings are same as for
residential buildings.

Exemption: There are two exemptions to this rule.

1. Tenancy of fixed time: Where such tenancy is for this fixed period, law would not effect it as such. Landlord has to
wait for the expiry of fixed term for the eviction of tenant. Application of landlord in such a case is liable to dismiss.

2. Single eviction: Where landlord has evicted tenant either from residential or non-residential buildings, his further
right to evict tenant extinguishes. Landlord can also dispossess only one tenant and not more than one.

Order of Rent Controller: Satisfaction of Rent Controller for the purpose of ejectment of tenant in favour of landlord
is necessary. Where Rent Controller is dissatisfied, he rejects the application of landlord for ejectment. Satisfaction of
Rent Controller for bona-fide need on the part of landlord is basic element of order.

Time limit for repossession in general: Neither Rent Controller nor landlord may evict tenant from possession at once.
Law prescribes maximum period of four months. This is upto Rent Controller whether how much time shall be suitable
for repossession of landlord. In any case it shall not exceed from four months.

Time limit for repossession in particular: Time limit of four months reduces to four weeks where tenant or his wife or
dependant children occupies property in the same locality.

Repossession after eviction upon non-occupancy – corresponding liability u/s 13(4): Where building either residential
or non-residential is got vacated on any ground for himself or for any of his children, landlord is bound by law, not only
to possess but also to occupy the same within one month. Failure to possess and occupy within one month, previous
tenant may file an application to Rent Controller for repossession of the evicted building. Rent Controller shall make
order accordingly.

Repossession upon re-let after occupancy – corresponding liability u/s 13(4): Not only landlord has to posses and
occupies evicted building or land within one month, but also he has not to re-let the same within two months after
occupation. Violation of the rule leads to evicted tenant to apply for restoration of possession in his favour.

Punishment upon non-demolition u/s 13(5): Where landlord has got vacated the building for the purpose of
reconstruction, he becomes liable to demolish the same building within four months after taking its possession. He
also has to rebuild the same building within two years after its demolition within four months. Violation of this rule
leads him to punishment of either description for a term, which may extend to six months or with fine or with both.

Exception: Landlord may satisfy the Court (Rent Controller) against the non-compliance of demolish and
reconstruction of the evicted building on any reasonable causes beyond his control. Landlord shall not be punished
where he proves his subsequent incapability of rebuilding the evicted property.

Repossession after conviction of landlord u/s 13(5 – A): Where a landlord is convicted on non-demolishment or non-
reconstruction of the evicted property, evicted tenant may apply to Rent Controller for obtaining the orders for
repossession. Rent Controller shall pass the orders accordingly.

Exception: This rule provides an exception. Where building has been demolished, repossession to evicted tenant shall
not be given.

Reoccupation of evicted tenant after reconstruction u/s 13(5 – B): Evicted tenant may apply to Rent Controller before
the completion of construction and occupation of another person, for reoccupation. Rent Controller shall order for
the same space to be given to evicted tenant. It is also to Rent Controller for the fixation of fair rent for tenant keeping
in view of the rent for same type of space in such locality.

Directions of Rent Controller to tenant u/s 13(6): Where application is put to Rent Controller for any dispute regarding
the matters relating to the relationship of landlord and tenant, Rent Controller directs to tenant for the deposit of
rent either before the issues are framed. He may also make such directions after the first hearing.
Payment of rent till decision: Tenant shall be responsible to deposit such rent regularly till the last decision made by
Rent Controller.

Last date for regular payment of rent: Tenant is liable to deposit monthly rent of the last preceding month regularly
before the fifteenth of the next corresponding month.

Dispute of amount of rent due or its rate: Where there is dispute of the amount of rent due and the rate of rent, Rent
Controller shall determine summarily approximate rent due and its monthly rate for which tenant shall be liable
to deposit to Court.

Consequences of default to deposit rent: Where tenant commits default to comply with the directions of the Rent
Controller for the deposit of arrears and regular deposit of monthly rent due, whole of the proceedings shall be
concluded in favour of landlord either tenant is petitioner or respondent. Landlord shall be put into possession and
right of tenant shall be relinquished. Further proceedings are stopped upon the commission of default.

Where landlord files prejudice application u/s 13(7): Any application moved either by landlord or tenant should be
bona-fide. Where landlord files an application containing prejudice and baseless, Rent Controller upon his satisfaction
may impose penalty to landlord.

Amount of penalty: Rent Controller may impose penalty to landlord upto maximum amount of equivalent to ten
months’ rent.

Payment to landlord: Rent which tenant deposits upon the order of Rent Controller remains payable to landlord until
the final decision is made. Rent Controller pays it to landlord where petition is concluded in favour of landlord. Rent
Controller decides the date on which rent is paid to landlord.

Tenant to be informed in case of transfer of ownership u/s 13-A: Where ownership of rented building or land is
transferred from one person to another by any mean such as inheritance, gift, sale, or otherwise, it is duty of the new
owner to inform the sitting tenant against such transfer and for the regular payment of rent to him.

Scope and importance of NOTICE to sitting tenant u/s 13 – A:

1. Legal requirement:

2. Keep tenant updated:

3. Mode of information: Mode of information prescribed in the Ordinance is registered mail. Merely oral information
is insufficient as far as the Ordinance is concerned.

4. Due date for rent: Law prescribes maximum thirty days’ time period the payment of rent to new owner of the
building or land after the receipt of registered notice in the normal course of duration.

5. Modes of transfer:

a) Inheritance:

b) Gift:

c) Sale:

d) Mortgage:
6. To avoid effects of fraud:

7. Protection of right:

a) New owner/possessor:

b) Sitting tenant:

8. Mutual understanding:

9. To avoid evil consequences:

10. Harmonious effects:

11. Loving relationship:

12. Moral obligation:

Eviction of tenants where the landlord is a salaried employee, widow, or minor orphan u/s 13(B): Law provides
safeguards to salaried person including his widow and minor where salaried person dies, for the eviction from the
rented property. He may give two months’ notice in writing to sitting tenant.

Pre-retirement case: Where a person has to retire, he may give two months’ notice to sitting tenant for delivery of
possession. He has statutory right for a period of six months prior to his retirement. This law is applicable only for
personal use of the rented property after retirement.

After retirement case: Where salaried person has not availed his right within six months prior to his retirement, he is
further provided six months’ statutory post retirement period to give two months’ notice to his sitting tenant. This
notice is only for the purpose of acquisition of possession of rented property for personal use of salaried person after
his retirement.

Time barred application: Rent Controller has no jurisdiction over an application, made to him, on the base of notice
of landlord to his tenant, which has been time barred. Notice to tenant after passing statutory period, i.e., six months
after retirement or death, is barred by time thus not maintainable to Rent Controller.

Commencement of notice: Period of two months’ notice is commenced after its receipt to tenant. Tenant is bound to
deliver possession of rented property to his needy landlord within two months after the receipt of notice from
landlord. Landlord may be either salaried person himself or his widow or his minor.

Retirement or death after commencement of Ordinance: Right of landlord to acquire his rented property from sitting
tenant is not effected with the commencement of this Ordinance after his retirement or death. Law does not prohibits
him to give notice of two months to his sitting tenant for his personal use on post commencement of this Ordinance
after his retirement or death. Even landlord has been retired or died since long before the commencement of this
Ordinance, he may give two months’ notice after the commencement of this Ordinance within a statutory period of
six months.

Right of ejectment u/s 13-B(2): Right of ejectment is available not only to salaried person himself but also his widow
and minor child have right of ejectment of sitting tenant for personal use after retirement or death of salaried person.

Single ejectment u/s 13-B(3): Where landlord is in need of rented property for his personal use, he may eject only one
tenant from the same locality. Right of landlord to eject sitting tenant is available upto the extent of ejectment of one
tenant only and no more.
Offer to exchange property u/s 13-B(4): Landlord who is salaried person and have more than one properties shall offer
exchange of property to tenant within same locality. Where landlord previously possesses any property within same
locality, he may not eject tenant unless he makes offer of exchange of property.

Terms and conditions of exchanged property: As far as the rent and terms and conditions of the newly offered
building by the landlord are considered, shall be determined by the Rent Controller.

Relinquishment of exchange benefit: Where tenant refuses to accept proposal of exchange made by the landlord,
such tenant loses the benefit of the terms and conditions and rate of rent as determined by the Rent Controller.

Default in delivery of possession u/s 13-B(5): Tenant is liable to deliver possession of rented property to its landlord
within two months. Failure in such delivery leads landlord to put application for ejectment of tenant. Court summarily
hears and evicts the tenant.

Eviction of tenant upon bona-fide requirement u/s 13-B(6): Audi alteram partem. This is the maxim of law. According
to this maxim no one can be condemned being unheard. Upon the application for ejectment of tenant, Rent Controller
issues notice to tenant to hear his viewpoint. If the need of landlord is bona-fide, Rent Controller leaves no option
except to pass order for the eviction of tenant.

Prohibition and punishment on re-let u/s 13-B(7): Property which is get vacated for the personal use of salaried
employee after his retirement is not liable to re-let to other tenant within one year. A violation of this rule puts landlord
into fine upto Rs. 5,000/-. Where landlord has got benefit more than of Rs. 5,000/-, he is liable to pay to previous tenant
a sum of rupees equivalent to twelve months’ rent.

Non reopening of once decided matters u/s 14: Matters once have been decided between the same parties cannot be
reopened with same issues. Rule of res judicata applies here. This section reiterates the rule of res judicata as given in
S. 11 of Code of Civil Procedure. A decision once made by a competent authority on a matter in issue between the
parties after a full enquiry should not be permitted for re-agitation.

Appeal u/s 15: Any party under writ petition before Rent Controller may bring appeal either for residential or non-
residential building in civil Court against the final order of Rent Controller.

1. Appeal: Rectification of error or injustice of the decision of lower forum by the higher forum is called appeal.

2. Against whom order:

3. Who may appeal:

4. To whom appeal:

5. Limitation:

6. Exception:

a) No appeal against approximately rent order:

b) Interlocutory order:

7. Procedure on appeal:

a) Hearing by District Judge himself:

 b) Refer to Additional District Judge: One who is competent to hear the appeal.

c) District Judge may recall and refer to other Judge of hearing himself:

d) May stay last order:

e) Deposit of rent:

f) Dismissal upon default of appellant:

g) Struck off defence of defendant where is default:

8. Second appeal:

9. Disposal of appeal as u/s 100 of CPC:

10. Further inquiry and hearing:

Number of appeals allowed: One appeal is allowed for residential buildings and as far as non-residential buildings are
concerned, two appeals are allowed one in civil Court and second one in High Court.

Limitation for appeal: Thirty days (30) time period is available for appeal from the day of order made by the Rent
Controller.

Where appeal can be made: District Judge is the proper forum to institute appeal. He must have jurisdiction over the
matter either territorial or pecuniary. Although Rent Controller is not a Court but appeal shall lie in civil Court against
his order being the subordinate of civil Court.

Who may prefer appeal: Any aggrieved party, either landlord or tenant affected by the order of Rent Controller may
institute appeal before District Judge having authority over the matter.

Exception: There are two exceptions to this general rule such as:

1. Deposit of arrears: Where Judge has assessed arrears and fair rent and ordered for its deposit to Court until final
disposition of the case, appeal shall not lie against such order.

2. Appeal against interlocutory order: Where Court has made any interlocutory order, appeal shall not lie against it.

Hearing of appeal u/s 15(2): Judge to whose Court appeal is preferred may himself hear the appeal or may refer it to
any other Additional District Judge having jurisdiction. Competency of Judge cannot be ignored. It may result
judgement void.

Stay of execution u/s 15(4): Any order against appeal is made may cause the stay of the proceeding against which
appeal is made. This stay is made till the finalization of the case. This is power of appellate Court.

Dismissal of appeal u/s 15(5): Appellate authority may strike off defense of tenant or dismiss his appeal if he commits
default in the deposit of arrears or rent as determined by the Rent Controller.

Second appeal u/s 15(6): Where the case regarding non-residential building is concerned, second appeal is allowed to
High Court within thirty days after the pronouncement of judgment on first appeal. This appeal must be written and
made by the aggrieved party.

Here provisions of S. 100 alongwith other relevant schedules of Code of Civil Procedure are applicable.
Procedure of High Court u/s 15(7): High Court may dismiss appeal in limine. Where appeal is admitted High Court may
adopts one procedure from two. High Court may either call the record from Rent Controller and gives opportunity of
hearing to aggrieved party or may require further inquiry.

Protection of Controller’s Order u/s 15(8): Subsequent forums of appellate cannot call in question of the order of
Controller.

Transfer of cases by Appellate Authority u/s 15 – A(a): Under law Appellate Authority has power to withdraw and
transfer the case from one subordinate Controller to another. Such Controller must possess authority to hear the
application. This process may take place at any stage. Only pending proceedings may be transferred under this section.
This process is as the process under Code of Civil Procedure.

Transfer of cases by High Court u/s 15 – A(b): Under law High Court has power to withdraw and transfer the case from
one subordinate Appellate Authority to another. Such Court must possess authority to hear the appeal. This process
may take place at any stage. Only pending proceedings may be transferred under the section. This process is as the
process under Code of Civil Procedure.

Power to summon and enforce attendance of witnesses, etc. u/s 16(1): Appellate Authority has the same powers of
summoning the witnesses for production of evidence as provided under Code of Civil Procedure, 1908.

Status of Controller as Court u/s 16(2): Law has provided status of Court to Controller when he acts u/s 480 of Code
of Criminal Procedure.

Execution of orders u/s 17: When the order is passed under sections 10, 13, 13 – B, and 15, Rent Controller get executed
the order himself as the decree of civil Court. Execution of the order of Rent Controller is supposed satisfaction of the
applicant.

Landlord and tenant to furnish particular u/s 18: Both landlord and tenant are bound to furnish any information which
Rent Controller or his authorized agent may require to discharge its legal duties. Where landlord has acquired the
possession of house for rebuilding and house has been demolished and previous tenant has moved application for
reoccupation upon reconstruction, landlord is bound by law to furnish all information which Rent Controller may
require to ascertain the need of tenant.

Penalties u/s 19: Where any person contravenes the provisions of this Ordinance he shall be punished by the Court but
this cognizance is subject to the approval of Rent Controller. Maximum fine, which may be imposed, is Rs. 1,000/-.

Power to make rules u/s 20: Government is empowered to make rules for the purpose of carrying out all or any of the
provisions of the Ordinance.

Rights of tenant: Following are the rights of the tenant:

1. Fair rent:

2. No obligation other than rent:

3. Fine not to charge: Only owner has to pay.

4. Recovery of excessive rent: Only fair rent has to be claimed.

5. No increase on account of tax:

6. Enjoyment of amenities:
7. Charge on necessary repairs: Where landlord fails upon sufficient notice due to reasons uncertain.

8. Re-possession:

a) After construction:

b) Upon non-occupancy of owner: Four months’ period is provided.

c) On unauthorized re-let:

d) Upon conviction of landlord: Where house is not demolished after ejectment for the purpose of demolition.
Course Contents:

1. The Income Tax Ordinance, 1979 (as amended upto date).

Book Recommended:

1. Synopsis of Taxes in Pakistan by Mirza Munawar Hussain.

2. Income Tax Ordinance, 1979 (XXXI of 1979) by S. A. Abid.

In ancient times when people were living in caves they were unprotected from natural and unnatural calamities. There
was self-protection system. When development took place then they made houses and formed society and also made
social contract. Collective protection system arose. Family formed a tribe with collaboration of others. When more
tribes gathered in a place then quarrel between them started. Then the need of one leader arose who may protect
them in consideration of money, which they pay him. A social contract formed among them. It was between
government and the people. One of the senior among them was delegated power to protect them. Later he took the
shape of ruler or king. He was responsible to protect people in consideration of money. Then also idea of state
emerged. Rulers were also responsible of protection from external aggression as well as maintenance of peace and
order internally. It was prehistoric era. Now-a-days government imposes taxes to its people and grant them peace and
order and protection from external fear through standing army.

Taxation according to a person’s ability to pay is universally accepted principle, and is considered as satisfactory
though not a sufficient index of such ability to pay. Income Tax therefore, generally recognized as a highly equitable
form of taxation. It also provides elastic source of revenue to government.

Income Tax is a direct tax on the quantum of income earned by a taxpayer during year. Tax rates and method of
calculating taxable income varies with fiscal status of the person. Amount upto Rs. 50,000/- is exempt from income
tax.

In older time person who collected huge amount of tax was appointed as governor.

Purpose of tax: Following are the purposes of tax:

1. To collect revenue: It is distribution of wealth from one group of society to another.

2. Equitable distribution of wealth: It is function of Islam who collects amount from one and distributes another who
is needy.

3. Used as instrument of fiscal and economic policies: Where there are no taxes there is not progress and growth.

4. New trend of development: Government either may collect taxes from its people for progress and development
or may borrow it from IMF or World Bank.

History of Income Tax legislation: This legislation has passes several stages from which it came in present shape. Its
stages can be summarized as follows:

Present income tax legislation is product of 1860. Income Tax law applicable in Pakistan was drafted and applied in
1860. It was the mere little amendment, which was applicable in UK. By that time amount equal or less than Rs. 600/-
rental value of agricultural land was exempted from the payment of income tax. It remained in force till five years.
Second legislation was made in 1867. Period of two years was remained without legislation and taxation.

License Tax Act, 1867: After failure of legislation of 1860, this Act was made and was remained in force for one year.
Under this Act, income tax was imposed on income more than Rs. 200/-. Income upto Rs. 200/- was exempted from
income tax. Rate of tax was fixed 2% p. a. Nomenclature of the Act denotes that a license was issued to taxpayers
being the proof of the payment of tax. Agriculture income was totally exempted. This was the effect of the pressure
of landlords.

Certificate Act, 1868: Very next year new Act was passed in which ceiling limit upto Rs. 500/- was imposed. Income
exceeding to Rs. 500/- was liable to tax. Agricultural tax was exempted from the payment of tax. Rate of income tax
was 1.60% p. a. Nomenclature of this Act signifies that certificate was issued to those who had paid their due taxes.

Income Tax Act II, 1869: After a year this Act was passed with the same rate of tax on same income with an exception.
This exception was re-imposed of agricultural tax. Now agricultural income was taxed.

Annual Legislation: Taxes were insufficient to fulfill the requirement of government. All the former legislation
remained fail to fulfill the objectives of the government. Phase from 1870 to 1877 was filled in by the annual legislation
as per requirement.

License Act, 1877: Again License Act was passed and first time tax was proposed on trade and land income.

Income Tax Act, 1886: Very first time in the history of income tax income derived from agricultural was defined. Either
it was subject of income tax or not but was defined. Different schedules were provided for the purpose of taxation
according to income. It results were so successful and fruitful. No major amendment could take place for thirty-two
year till 1918.

Income Tax Act, 1918: It was pet procedure to collect income tax and arrears. In 1921 a committee was constituted to
put their recommendation for new structure of taxes.

Income Tax Act, 1922: It was enforced till 1979. Only seventy-one amendments could take place. Major amendment
was rescheduling of financial year. It was started from first April to 31 March. Now it was rearranged from first July to
30 June. Another major amendment was introduction of self-assessment scheme.

There are five components of Income Tax Ordinance, 1979, on which it is based, such as:

1. Income Tax Ordinance: This is only law among all the enactment, which changes very rapidly. It deals with six
matters alongwith other matters. They are as follows:

(1) Payment of Income Tax.

(2) Collection of Income Tax.

(3) Penalties upon commission of default in payment of Income Tax.

(4) Assessment of Income Tax.

(5) Refund in case of excess payment of Income Tax.

(6) Appeals upon disputes of Income Tax.

Also it contains 14 Chapters, 167 Section, and 08 Schedules. Finance Act or Finance Ordinance, which is also, called
Budget changes it as required. Normally budget is presented each year.

2. Income Tax Rules: The important enactment, which mobilizes the law, is rules & regulations and facilitates in
implementation. Central Board of Revenue is the highest authority at federal level responsible for framing rules
and regulations. These rules and regulations are published in official gazette. S. 165 of the Income Tax Ordinance,
1979, gives authority to Central Board of Revenue for framing rules and regulations for the implementation of
Income Tax Ordinance, 1979. Ordinance does not provide how the tax is computed or calculated. It provides mere
rate of deduction as income tax. Also it provides mere rebate on depreciation but how? It is provided in rules and
 regulations. Mere study of Act or Ordinance is insufficient as it provides just structure or principles. It does not
provide as to how it is to be implemented. Rules and regulations determine its implementation.

3. Notification, instructions, and orders: Central government is empowered by the Section 148 of the Income Tax
Ordinance, 1979, to issue such things. Government can extend the last date for submission of Income Tax Returns,
may modify the rate of income tax, and also can modify rules and regulations. Income Tax practitioner must keep
into consideration such things as they adversely effect the enactment.

4. Income Tax Case Law or Precedents: Decisions of Income Tax Tribunals or other courts gains the status of law
while given in interpretation. It is general understanding that decisions of judiciary are termed as precedent and
give then status of law. Its up-to-date knowledge helps in remedial action.

5. Finance Act or Ordinance (Budget): It is presented and passed each year. It is part or parcel of Act or Ordinance.
It effects all the former four components. Government passes it each year.

Applicability of Ordinance: As far as applicability of this Ordinance is concerned, it extends whole of Pakistan but
following areas of Pakistan shall be exempted from the operation of this law:

Federally Administrated Tribal Area (FATA): Following areas are included in this exemption:

1. Tribal areas of Peshawar, Kohat, Bannu, and Dera Ismail Khan.

2. Agencies of Malakand, Mahmand, Khyber, Kurram, and North & South Wazirstan.

Provincially Administrated Northern Area (PANA): Following areas are included in this exemption:

1. Chitral, Dir, Sawat, Kalam, and Malakand.

2. Tribal areas adjoining to Hazara, District Zohb, Loralai except Dukki, Chaghi, Murri, and Bukti.

These are such areas where Act of Parliament is also not applicable.

Agricultural income: Agriculture income derives:

1. From the land (which is exclusively used for the purpose of agricultural);

2. Land situated in Pakistan only; and

3. Land is used for agricultural purpose.

Whether the agricultural income is subject of tax or not, it does not matter but for the purpose of its definition it has
been cleared that what is agricultural income. Its taxability has been subject since the ancient time. Reason behind it
is that membership of the parliament consists on landlords mostly. They do not want to impose tax on agricultural
income. If due to reason uncertain tax is imposed on agricultural income they get themselves exempted from the
payment of tax. There may be other tax on the income derived from agricultural but not income tax.

This tax is chargeable only on the land, which is exclusively used for the purpose of agricultural.

Direct relations with land.

Human efforts are utilized.

Process of seeding or cultivation.

Relationship of human and land should be direct and not indirect because every person directly or indirectly is related
with land. Nothing can be done without utilization of land. Human effort must be utilized in the land to obtain income
from it. If spontaneous produce is grown, its income shall be liable to tax.

Agricultural land must be situated in Pakistan. Income coming from outside Pakistan even derived from agricultural is
not agricultural income. If a Pakistani goes to England and cultivates on acquired land, he puts his efforts directly in
land. But his income, which comes in Pakistan, is not considered agricultural income for the purpose of this law. Certain
other taxes can be imposed on it but not agricultural tax.

Land must be used for the purpose of agricultural and for any other purpose. Where spontaneous produce comes out
is not agricultural income because there human efforts are not utilized.

Where a person cultivates forest and sells its produce comes under the agricultural income, but a person who cuts
trees and earns profits does not come under the agricultural income because he has not direct relation with land.
Neither his relation is with respect to human efforts nor with respect to the process of seeding. By this reason landlord
is not liable to pay tax due to direct agricultural relation with land even he earns billion or trillion of rupees and
common person is liable to pay tax because he has not such relationship with land even his income is so limited.

Every landowner either former or industrialist has to declare his income under different heads including agricultural
and other than agricultural. Agricultural income remains non-chargeable with tax whereas other income is liable to
pay income tax.

Land, which has been used for the purpose of agricultural but now its status has been changed is liable to pay income
tax.

Income of the absent landlord comes under the agricultural income thus liable to pay agricultural income tax. Even he
receives fixed amount as rent, his income shall be considered as agricultural income. Income of tenant is also income
of agricultural income.

Where landlord engages a person to manage his land in consideration of fixed salary, salary though comes from the
proceeds of agricultural income, but this salary does not come under agricultural income thus not liable to pay
agricultural income tax. Law considers his relationship as principal and agent. In short tenancy is subject of agricultural
income while agency not. Relationship is important in determination of the agricultural income.

Where bees spontaneously make honey, income derives from proceed of such honey shall not come under agricultural
income.

Assessee: Assessee may be is a person both either natural or legal person. Every person is not assessee. He follows
some terms and conditions. Any person even he does not pay any amount, as income tax may be fall within the
definition of assessee. Any person who comes under the definition of assessee, Income Tax Ordinance applies to him.
His definition requires minute details.

1. Any person who pays sum of money as per requirement of Income Tax Ordinance, 1979, comes under definition of
assessee. As and when he pays money to Income Tax Department makes him assessee.

2. If proceedings have been started against a person and even he has paid nothing, he is assessee. Issuance of notice
for the payment of tax considering him assessee or making clarification being not assessee makes person assessee
until he proves reverse. Imposition of liability or consideration of anybody as assessee makes an individual
assessee.

3. Dues of refund make a person assessee until department refund or adjust claim. Refund cannot be remitted. It is
either made actually or adjusted. Until refund is made actually person remains assessee.

4. Dues under penalty, fine, or interest payable is part and parcel of income tax thus it creates liability as assessee.
5. Any person who is required to submit return and even he has not filed return is considered assessee under the
Ordinance. Person whose income exceeds Rs. 50,000/- he either pays or not income tax is supposed assessee.
Proceedings can be started when he is required to submit return. Mere start of proceedings against him makes
him assessee.

(1) U/s 55 company when incorporated and got registered becomes assessee regardless income derived from
the business.

(2) Income exceeding to Rs. 50,000/- makes a person assessee.

(3) U/s 72 person who has been submitting return for four years is assessee even his business has been
extinguished or wounded up.

(4) Person who has taken the liability as agent is assessee.

(5) Assessee leaving Pakistan is assessee until he obtains clearance from Income Tax Department.

(6) Successor in interest is also assessee upto the extent of property he succeeds.

(7) Legal heirs are also assessee. Liability of tax does not extinct even after death.

Appeal u/s 129: Appeal can be made to higher authority against the order of Deputy Commissioner.

Appellate authority: Appellate authority is Appellate Additional Commissioner.

Limitation period: Appeal can be made within thirty days of the date of decision made by the Deputy Commissioner.

Commencement of limitation: Limitation period for appeal commences as follows:

1. From demand notice: Limitation period commences from the date of demand notice where appeal relates to
assessment or penalty.

2. Intimation of order: In all cases other than assessment or penalty, limitation period commences on the date of
intimation of order.

Exception of limitation: There is one exception to the rule of limitation. Where appellate authority is satisfied that
there is sufficient cause to prevent the appeal within thirty days, appeal can be admitted after the expiry of
limitation period.

Procedure in appeal: Following procedure is adopted where appeal is admitted:

1. Notice: Appellate authority serves the notice against which order, appeal is preferred. Notice is issued to the
following parties:

a) Appellant: Notice is sent to appellant for hearing on the day fixed against the order against which appeal is
preferred.

b) Deputy Commissioner: Notice is also sent to Deputy Commissioner against whose order appeal is preferred.

2. Adjournment: Appellate authority also reserves the right to adjourn the hearing of appeal, time to time, as thinks
fit.

3. Amendment in appeal: Before hearing of appeal Appellate Additional Commissioner permits to appellant to file
new ground of appeal, if any, which appellant has omitted. This omission should not be willful and unreasonable.
4. Call of particulars: Before disposing of appeal, appellate authority may call particulars necessary arising in appeal.

5. Further inquiry: Appellate authority may require Deputy Commissioner to make further inquiry.

6. Admission of evidence: Appellate authority does not admit any documentary material or evidence, which was not
produced before Deputy Commissioner at the time of hearing.

Exception: There is an exception to rule as to admit the document or evidence which could not be produced while
the proceeding before Deputy Commissioner. There should be sufficient reason to believe that prevention was
existing to produce such document or evidence.

Decision in appeal: Appellate authority may dispose of appeal in the following manner:

1. Set aside: Where appeal is made against the order of Deputy Commissioner regarding assessment or penalty,
appellate authority may set aside appeal. Where appeal is set aside, further inquiry is ordered. Deputy
Commissioner holds fresh inquiry.

2. Confirmation: Appellate authority may confirm the decision passes by the Deputy Commissioner.

3. Reduction: Appellate authority may reduce the assessment or penalty.

4. Enhancement: Appellate authority has also authority to enhance the assessment or penalty previously passed by
the Deputy Commissioner.

5. Annulment: Where appellate authority thinks fit that there is reason to believe that assessment passed by Deputy
Commissioner is unfair, it can be annulled at all.

Hearing before adverse inference: Appellate authority is bound by law to give reasonable opportunity of hearing to
appellant before giving decision against the interest of appellant.

Effect of decision on associations: Where appellate authority makes any change in result of appeal, Deputy
Commissioner is authorized to make amendments accordingly in the assessment of the parties so associated with
appellant.

Communication decision: Where appellate authority disposes of an appeal, it is communicated both to whom notices
were issued, i.e., appellant and Deputy Commissioner concerned.

Delay in decision: Appellate authority is bound by law to decide appeal within prescribed time period. Failure of
appellate authority to do so, it results admission of the claim sought under appeal. It is presumed that relief has been
accepted and granted for which appeal was preferred. All provisions of the Income Tax Ordinance, 1979, becomes
then applicable accordingly.

Exclusion of adjournment: Where appeal is adjourned on the request of appellant, it makes no difference if decision
takes long time beyond statutory provisions. Such period of adjournment is excluded from limitation for decision.

Stay of recovery: Where appeal is admitted, appellate authority grants stay for the recovery of tax upto eighty five
percent till final decision.

Registration of firm u/s 68: Following is criteria to get a firm registered according to Income Tax Ordinance, 1979.

Application: Application is made to Deputy Commissioner.

Registration after the end of income year: Under the following cases, application can be made after completion of
income year.
1. Partnership firm: Firm, which is constituted under partnership deed.

2. Specification of shares: Where shares have been specified among the partners.

3. Registration under Partnership Act: Firm, which has been registered or application for such registration has been
made.

Form of application: Application shall be made on the form containing all relevant documents which are verified in
the manner on or before date, prescribed for the purpose.

Registration criteria: Following procedure is adopted to issue registration certificate:

1. Enquiry: Deputy Commissioner may hold enquiry about particular provided under application of registration.

2. Evidence: Deputy Commissioner may require evidence to prove particulars of application.

3. Assurance of genuine firm: Deputy Commissioner ensures by enquiry and evidence that genuine firm exists as
provided under deed of partnership.

4. Approval within three months: Where return of total income is filed u/s 55, registration certificate is issued within
three months.

5. Approval within six months: Where return of total income is filed at the end of income year, registration certificate
is issued within six months.

Refusal of registration: Where Deputy Commissioner is dissatisfied as to the genuineness of the particulars provided
in application, he may refuse the registration of firm, within three or six months as stated earlier during which period
he was liable to register the firm.

Failure of Deputy Commissioner in written order: Where Deputy Commissioner remains fail to pass order of
registration within period specified, it is presumed that firm has been registered.

Application of Income Tax Ordinance, 1979: When registration certificate is issued within three or six months or where
written refusal is not made and firm is treated as registered, Income Tax Ordinance, 1979, becomes applicable on firm.

Cancellation of registration: Where after registration of firm or where firm has been treated as registered, Deputy
Commissioner can cancel the registration of firm in certain cases such as:

1. Fake firm: Where it is revealed that genuine firm does not exist in such income year as shown in partnership deed.

2. Non fulfillment of certain formalities: Where the provisions of sub sections 2 and 3 of Income Tax Ordinance, 1979,
have not been fulfilled.

Notice of hearing: Before cancellation of registration of firm, Deputy Commissioner serves a notice to party and gives
reasonable opportunity to hear party. It is based on well-established maxim “audi alteram partem” means no once
can be condemned being unheard.

Company and its liability for Income Tax u/s 77: Following is meant for Company and its liability for the payment of
Income Tax:

1. Company as defined in the Company Ordinance, 1984:

2. Body under any law:

3. Trust under any law:

4. Body incorporated outside Pakistan under Pakistani law:

5. Modaraba under Ordinance:

6. Provincial Government:

7. Foreign association declared by CBR as Company:

8. Liability for the payment of tax:

a) Liability of Directors:

b) Shareholders possessing at least 10% shares:

c) Right of recovery:

d) Joint liability:

e) Severally liability:

f) From Firm of its members:

g) Firm can recover:

Capital assets: Following are the Capital Assets:

1. Property of any kind held by assessee:

2. May be connected with business:

3. May be connected with profession:

4. May not connected with both:

5. Agricultural land:

6. Exceptions: Following are exceptions of Capital Assets:

a) Stock in trade for business:

b) Consumable stores for business:

c) Raw material for business:

d) Personal effects: For example:

i) Moveable property:

ii) Wearing apparels:

iii) Jewelry:

iv) Furniture:

Capital Gain: Following constitutes Capital Gain:

1. Profits arising from transfer of assets:

2. Exception: Following are exceptions to this rule:

a) Where depreciation allowance is allowed:

b) Any immovable property:

3. What is transfer: Following is termed as transfer:

a) Sale:

b) Dispossession:

c) Exchange:

d) Relinquishment:

e) Extinction:

4. Exception: Following are exceptions:

a) Compulsory acquisition:

b) Transfer under gift:

c) Transfer under bequest:

d) Distribution of assets upon liquidation:

e) Distribution of Capital Assets upon dissolution:

Allowances for the payment of income tax u/ss 39 to 47: Following are allowances:

1. Insurance for life:

2. Allowances for contribution for provident fund:

3. Allowances for investment in Defence Saving Certificates:

4. Allowances for investment in NIT Units:

5. Shares:

6. Debentures:

7. Allowances for investment in shares: They should be 10% of total investment or Rs. 100,000/- whichever is less.

8. Allowances for purchasing books:

9. Investment in share capital:

10. Donation to approved institutions:

11. Allowances for mark up paid:

12. Contribution in Benevolent Fund and Group Insurance:

13. Allowances for donations for charitable purposes:

Classes of Income Tax Authorities: Following are the Income Tax Authorities:

1. Authorities: Following are the authorities:

a) Central Board of Revenue:

b) Regional Commissioner of Income Tax:

c) Director General of Training and Research:

d) Director General Investment and Intelligence:

e) Director General of Tax Withholding:

f) Commissioner of Income Tax:

g) Additional Commissioner of Income Tax:

h) Income Tax Panel:

i) Deputy Commissioner of Income Tax:

j) Inspectors of Income Tax:

2. Appointment: As many as maybe necessary. It is upto Central Board of Revenue.

3. Rules making: Central Board of Revenue is responsible for the constitution, procedure, and working of Income
Tax Panels.

4. With the approval of CBR: Any other authority can appoint subordinates with prior approval of Central Board of
Revenue.

5. Appointment of qualified person: Central Board of Revenue can appoint any qualified person to act as valuers.
Fixation of remuneration is also upto Central Board of Revenue.

6. Law applicable: Law applicable on the appointment of qualified person is law of the Public Service.

7. Private authority: Central Board of Revenue may also appoint and Firm of Chartered Accountants for the purpose
of audit.

8. Appointment of private authority: Central Board of Revenue may also appoint any private authority for the
purpose of audit.

Income: Following constitutes income u/s 15 of Income Tax Ordinance, 1979:

1. Salary: Following includes under the head of salary:

a) Wages:

b) Any annuity, pension, or gratuity:

c) Any fees, commissions, allowances, perquisites, or profits in lieu, or in addition to salary or wages:
 i) Perquisite includes:

(1) The value of rent free accommodation

(2) The value of any concession in the matter of rent respecting any accommodation:

(3) Any sum payable by the employer, whether directly or indirectly to effect an insurance on the life of,
or to effect a contract for any annuity for the benefit of the assessee, or his spouse of any dependent
child:

(4) The value of any benefit provided free of cost or at a confessional rate:

(5) Any sum paid by an employer in respect of any obligation of an employee:

ii) Profits in lieu of salary: It includes:

(1) The amount of any compensation due to, or received by, an assessee from his employer at, or in
connection with, the termination of or the modification of any terms or conditions relating to, his
employment:

(2) Any payment due to, or received by, as assessee from provident or other fund to the extent to which
it does not consist of contributions by the assessee and the interest on such contribution:

2. Interest from house property: It includes following:

a) Interest on any securities of the Federal Government or a Provincial Government receivable by an assessee
in any income year:

b) Interest on debentures or other securities for money issued by, or on behalf of, a local authority or a
Pakistani company receivable by an assessee in any income year:

3. Income from house property: Following is the income from house property:

a) Any property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner,
but does not include any such property (or any portion thereof) which is occupied by the assessee for
purposes of any business or profession carried on by him the profits whereof are chargeable to tax under
this ordinance:

b) “Annual value” of any property shall be deemed to be the sum for which the property might reasonable be
expected to let from year to year:

4. Income from business or profession: Following is the income from business or profession:

a) Profits and gains of any business or professions carried on, or deemed to be carried on, by the assessee at
any time during the income year:

b) Income derived by any trade, profession and similar association from specific services performed for its
members: s

c) Value of any benefit or perquisite, whether convertible into money or not, arising from business or the
exercise of a profession:

5. Capital gains: Any profits or gains arising from the transfer of a capital asset is termed as capital gain.
6. Income from other sources: Income of every kind, which may be included in the total income of an assessee under
this ordinance, shall be chargeable under the head of “income from other sources”. It also includes:

a) Dividend:

b) Interest, royalties, and fees for technical services:

c) Ground rent:

d) Income from the hire of machinery, plant or furniture belonging to the assessee and also of buildings
belonging to him if the letting of the building is inseparable from the letting of the said machinery, plant or
furniture:

7. Any loss of such income, profit, or gains:

8. Any sum deemed to be income:

9. Any income which is deemed to accrue, arise, or receive in Pakistan:

Powers of settlement Commission: Following are powers of Settlement Commission u/s 138 – C:

1. To regulate its procedure:

2. To regulate its benches:

3. Places of benches to sit:

4. Decision of dispute of benches: By majority.

5. Chairman where equally:

6. Any other power:

Functions of settlement Commission: Following are functions of Settlement Commission u/s 138 – C:

1. Process the applications of assessors where income is not shown:

2. Decide the applications of assessors where income is not shown:

3. Process applications regarding dispute of assessment:

4. Decide applications regarding dispute of assessment:

5. Process departmental disputes:

6. Any other function: Any other function which federal government prescribes.
Industrial Relations Ordinance
Course Contents:

1. The Industrial Relations Ordinance, 1969 (as amended upto date).

Book Recommended:

1. Labour Code of Pakistan by Muhammad Shafi and Pervez Shafi.

Before the enactment of this law there were already laws available regarding the regularization of trade unions and
settlement of the disputes and avoidance of differences peacefully.

This enactment is amendment and further improvement in the existing law at that time. It is product of the Martial
Law regime of that time. It is consolidation of the laws available on certain matters into one.

This law does not apply on certain agencies, which are exempted keeping in view of their national importance and
effect on common people. Police, army, national security printing press are the departments, which cannot afford
trade union, thus strikes attached with this right. Following are exemptions to this law:

1. Defence services: It includes police, ordinance factory, army, and any other connected agencies maintained my
federal government. These are the departments of national importance, which directly protect Pakistan.

2. Administration of the state: Employees who are administrated by the state other than workmen employed in Post,
Railway, Telegraph, and Telephone Departments.

3. Security of Pakistan International Airline: Due to the strike of the security staff of Pakistan International Airline
not only air travelling effects but also it involves irreparable loss and risk. Members of this establishment may form
trade union provided they draw salary less than group V.

4. Communication corporations: Pakistan Television Corporation and Pakistan Broadcasting Corporation is also
prohibited to form trade union as communication system of entire country suffers due to trade union activities.

5. Security printing agencies: Security printing corporation either Pakistan Security Printing Corporation or the
Security Papers Limited is prohibited to form trade union.

6. Health establishments: Any establishment which deals in any respect with sick or mentally handicapped patients
are also debarred to act as unionist. Patient may suffer due to non-attendance of such experts.

7. Essential services of oil refinery: Watch and Ward, Fire Service Staff of oil refinery establishment is the essential
service provider so not allowed to become the member of political agency.

8. Essential services of natural resources’ establishments: Security or Fire Service Staff of an establishment engaged
in production, transmission, or distribution of natural resources are exempted to form union.

Industrial dispute: Any dispute between employer and workmen, between workmen and workmen, or between
employer and employer are called industrial disputes. It is notable thing that plural tense is used. Industrial disputes
may be categorized as such:

1. As regard to employment: Where employer tends to hire workers at his choice, Collective Bargaining Agent may
interfere keeping in view of perception of the sabotage of unionist activities by employer. Collective Bargaining
Agent may want the recruitment of the descendents of workers.
2. As regard to Non-employment: It is termination of the worker by employer in which Collective Bargaining Agent
may intervene keeping in view of the interest of workers.

3. Terms of employment: Employer may incorporate any term in service contract or agreement, which may harm the
interest of worker. This may bring industrial dispute.

4. Condition of work: There may be certain conditions of work, which may adversely affect worker, e.g., excessive
heat or substandard arrangements of safety and health etc.

Individual dispute: It is a dispute which relates to individual and against which large community is not affected is
individual dispute, e.g., case of demotion or increment etc.

Settlement of Industrial Dispute

Non-judicial Forums Judicial Forums High Judicial Forum

1. Negotiation 1. Labour Court 1. National Industrial
2. Conciliation 2. Labour Appellate Relations Commission (N.
3. Arbitration Tribunal I. R. C.)

Arbitrator: It means out of Court settlement of the disputes. Here neither Arbitration Act is
applicable not Land Revenue Act. It is apart from all other laws. Here arbitrator is a person so appointed under this
law. There are certain forums in establishment to settle certain disputes. This is one of them.

Representation of employer and employees forms works council in Mills to settle dispute peacefully manners. There
are certain agreements exist between employer and employees. If any industrial dispute arises, the negotiations are
conducted to settle the dispute. If arbitration fails to do so then either workers, may give notice of fourteen days to
employer for legal strike or employer may give notice of fourteen days for legal lock out. This protest may take
maximum thirty days.

Arbitrator persuades for peaceful settlement of industrial dispute within fourteen days of notice. If the matter is
settled peacefully then no strike is required. Otherwise strike begins. Parties may refer the industrial dispute to their
own appointed arbitrators for settlement. Settlement of disputes without strike is quite possible. Provincial
Government has also list of arbitrators. Both employer and employees may choose arbitrator from that list. Decision
of arbitrator is termed as Award and thus binding on parties for one to two years.

Government may intervene for the conclusion of legal strike before it is legally completed if national interest is
involved or large community suffers. In such a case government may refer the dispute towards Labour Appellate
Tribunal for final judgement, which is binding. No appeal lies against the judgement of Labour Appellate Tribunal
except writ in High Court.

Judgement of Labour Court in certain cases but in all cases of Labour Appellate Tribunal and Arbitration is termed as
Award. Interim award has same status as final award or judgement.

Conciliator (ÊfÄÄ· OZ»Bv¿): He is appointed u/s 22 (1 & 2) of this Ordinance. Federal Government appoints him. He is a
person who is competent to hear case under National Industrial Relations Commission. He is appointed when case is
try-able under National Industrial Relations Commission. Also Provincial Government appoints him where the case is
try-able in National Industrial Relations Commission.

Functions and powers of Conciliator u/ss 27 and 30: Following are functions and powers:

1. Determination of dispute/settlement:
2. Requiring presence of employer:

3. Suggest to parties for concessions:

4. Suggest to parties for modifications:

5. Amicable settlement:

6. Memorandum of settlement to Provincial Government:

7. Continue proceeding while strike: Where parties agree.

8. Reference to arbitrators:

Strike u/s 32: Following constitutes strike:

1. Temporary cessation of work on the part of workman.

2. Right of workman.

3. Due to failure in amicable solution.

4. Notice of fourteen days.

Lock out u/s 33: Following constitutes lock out:

1. Temporary cessation of work on the part of employer.

2. Right of employer.

3. Due to failure in amicable solution.

4. Notice of fourteen days.

Cognizance of the Labour Court: Either party invokes the jurisdiction of Labour Court where amicable solution is
failed.

Maximum limit: Workers may go on strike for a maximum period of thirty days. This is also on the part of employer.
Matters are sent to Labour Court after the expiry of thirty days period.

Consequences: Federal or Provincial Government may prohibit the above both actions. Following consequences may
take place in response of above action:

1. Hardship to community: Flour Mills.

2. Reference to Labour Court or NIRC:

3. Award of Court or Commission:

4. Limitation: 30 days.

5. Interim award:

6. Period of award: Two years.

Kinds of disputes: Following are the kinds of disputes:

1. National importance:

2. In respect of public utility:

Adjudication and determination by NIRC or Labour Court:

Again reference to Labour Court or NIRC:

Limitation: Thirty days.

Limitation of award: Two years.

Conciliation proceedings: These are the proceedings, which take place before conciliator.

Illegal strike: Strike becomes illegal if declares, commences, or continuous against the provisions of this Ordinance.
Strike without notice of fourteen days is illegal. Strike within fourteen days after serving notice is illegal and its
continuous is also illegal.

Illegal lock out: Lock out becomes illegal if declares, commences, or continuous against the provisions of this
Ordinance. Lock out without notice of fourteen days is illegal. Lock out within fourteen days after serving notice is
illegal and its continuous is also illegal.

Collective Bargaining Agent (CBA) (’ÄVÍA B· ÔjŒAeÌm Ó§BÀNUA): There was no representation of employees in
industrial disputes earlier. Collective Bargaining Agent is a Trade Union, which emerges and declared u/s 22. Collective
Bargaining Agent remains in session for two years after election. If there is sole Collective Bargaining Agent in
establishment the sole otherwise elected Trade Union shall act as Collective Bargaining Agent. Collective Bargaining
Agent is registered under Labour Laws.

It is Trade Union of workmen in an establishment or industry, which has been declared to be so under the provision
of S. 22 of this Ordinance.

Trade Union: It means any combination of workmen or employers formed primarily for the purpose of regulating the
relationship between:

1. Workmen and employers or;

2. Workmen and workmen or;

3. Employers and employers or;

4. For imposing restrictive conditions on the conduct of any trade or business includes a federation of two or more
trade unions.

Industry wise Trade Union: Collective Bargaining Agent gets shape of industry wise Trade Union when its
representation comes from two or more different provinces. If industry is spread over more than once province then
union is called industry wise trade union.

Non-industry wise Trade Union: Collective Bargaining Agent, representation of which trade union rests within one
province is termed as non-industry wise trade union.

Award: This is a decision or determination either given by Labour Court, Labour Appellate Tribunal, or Arbitrator. It
also includes Interim Award.

Employer: He is any person or body of persons, whether incorporated or not, who or which employs workmen in the
establishment under a contract of employment and includes:
1. An heir, successor, or assign as the case may be, of such person or body as aforesaid;

2. In relation to any establishment run by or under the authority of any department of the Federal Government or
Provincial Government, the authority appointed in this behalf or, where no authority is appointed, the Head of the
department;

3. In relation to an establishment run by or on behalf of a local authority, the officer appointed in this behalf or where
no officer is so appointed, the chief executive officer of that authority shall be employer;

4. In relation to any other establishment, the proprietor of such establishment and every director, manager,
secretary, agent or officer or person concerned with the management of the affairs of that establishment.

Worker or workman: It means a person:

1. Who does not fall within the definition of employer.

2. Who is employed as supervisor or an apprentice in an establishment or industry.

3. Whether for reward or hire.

4. Either directly or indirectly (under contract).

5. Whether the terms of employment be expressed or implied.

But does not include any person:

1. One who is employed mainly in a managerial or administrative capacity.

2. One who, being employed in a supervisory capacity draws wages exceeding Rs. 800/- per month.

Settlement: It means the determination of an industrial dispute before the conciliator. It also includes any other
arrangement between the employers and workmen in respect of any industrial dispute.

Freedom for formation of Trade Unions and Associations: It is notable that workers form trade union while employers
form association. It is a freedom provided in not only in constitution but also under Industrial Relations Ordinance,
1969. They may form or join any union or association of their choice. They may draw constitutions and rules.

Formation of federation either at local or national level for both workers and employers is lawful. Federation means
combination of two or more trade unions or associations, e.g., union of one establishment may join union of another
establishment thus it shall be federation. It may either be formed locally or nationwide.

Adherence of the law of the land: They may join other federation at international level but the national integrity, glory
of Islam, defence, national interests, security must be kept in consideration. Violation of such principles cannot be
allowed in any circumstances. Freedom is subject to constitution. All unions or associations or federations are
supposed to give due regard to law of the land, which is superior in all respects.

Application for registration: Every trade union must be registered and the president and secretary of the union must
sign application for registration. The relevant person appointed for the registration of the trade unions files this
application. Following is provided in the constitution of the trade union:

1. Name of the trade union:

2. Address of the trade union:

3. Object of formation:
4. Purpose to utilize funds:

5. Number of executives:

6. Conditions for benefits of members:

7. List of members:

8. Qualification of members:

9. Facility to inspect record:

10. Manners to amend constitution:

11. Safe custody of funds:

12. Annual audit:

13. Facilities for auditors:

14. Manners to dissolve trade union:

15. Manners of election:

16. No confidence procedure:

17. Meetings of trade union:

18. Engagements of workers:

19. 1/5th membership:

Unfair labour practice on the part of employers u/s 15: Unfair labour practices are those, which are not only
undesirable but also prohibited at law. Such practices are abuses on the part of employers. These unfair practices are
as follows:

1. Restriction on membership of association: Employer or trade union of employers cannot impose any restriction,
which causes obstruction in membership of constitutional right of association. Constitution grants the freedom
of association. Employer cannot make any contract workmen in contrast of such constitutional provisions.
Employer cannot compel to join his blue eyed association. As employer compels workman for such membership,
he commits wrong.

2. Refuse to employ upon union activist: Employer neither can bind workman upon employment to join or leave
particular union nor he may compel workman to vote particular association. Refusal of employment on such
grounds shall be null and void.

3. Discrimination: After recruitment of workers, employer cannot discriminate workers as for promotion, conditions
of employment, or working conditions. Such discrimination constitutes unfair labour practice. Good treatment for
certain workers is treated bad for others.

4. Prejudice treatment/action: Employers neither may dismiss, remove, transfer, or discharge workers nor they may
threaten in such regard. Lawful union activities cannot be restricted. Workers’ pursuance of other persons to make
member of their union, participation in formation, promotion, inducement to workers is unfair labour practices
on the part of employer. Passing of the words that I shall promote or demote you upon joining or non-joining of
certain union shall be sufficient to constitute offence under Pakistan Penal Code.
5. Restriction on liberty of invitation: Every worker is at liberty to invite others to join his union. Employer cannot
impose restriction on such persuasion. As far as he imposes any restriction, which causes hurdle to do so, may be
charged criminally.

6. Restriction on participation in union activities: Workers can participate in union activities to promote it provided
the work of factory does not suffer for which they are employed principally.

7. Inducement or refrain to do legal act: Employer cannot induce the workers to do certain act or to refrain to do
certain act, which is legal on the part of workers. Such inducement or refrain to do legal act is unfair labour practice
on the part of employer.

8. Confinement: Employer cannot confine any worker or group of workers to join certain Collective Bargaining
Agent. If he uses certain acts to compel them in his favour or confine them to act against their free will or causes
power and electricity failure or disconnection as consequences of thereat is offence under Pakistan Penal Code.
Employer neither can ban entry of worker at any place where he has legal right to enter nor he can confine him to
get his favour. This is also covered under unfair labour practice on the part of employer.

9. Interference in balloting: To participate in election and casting vote at their own choice is right of workers.
Employer cannot interfere in such doing. Employer cannot compel workers to cast vote against their free will. If
he does so, will be charged under unfair labour practice.

10. Recruitment during strike: Strike is legal right of workers. If they have announced and continued strike, employer
cannot employ other resources to defeat/frustrate strike. Employer cannot make recruitment to get performed
undone work. There is an exception to this rule. Employer can recruit certain amount of workers, which is sufficient
to avoid loss. For instance, in juice factory, he can recruit such amount of workers, which is sufficient to dispose of
pulp kept in vessels. Since this recruitment is made to avoid apprehended loss, so it is fair practice. This
employment is temporary in nature and made upto the extent to avoid possible loss. If employer let the workers
continue to work without sufficient cause, shall be charged under unfair labour practices.

11. Illegal shut down of industrial unit: Employer cannot shun down industrial unit to compel workers to refrain their
lawful activities. Employer can restrict outsiders to enter into his industrial unit. Employer cannot restrict the entry
of workers in industrial unit for work purposes.

12. Shut down without prior notice: Shut down without prior notice is illegal thus this practice is covered under unfair
labour practice on the part of employer.

13. Restriction on utilities:

Unfair labour practice on the part of workmen u/s 16: Unfair labour practices are those, which are not only un-desirous
but also, prohibited at law. Such practices are abuses on the part of workmen. Those unfair practices are as follows:

1. Pursuance during working time: Every workman may pursue other workers for the support of his union. But
support should not go behind the limitations which law has provided. This convincing should be made after
working hours.

2. Inducement: Support is legal matter but inducement or to refrain to continue with particular union is illegal act.
Workmen cannot compel to others workmen, neither they may threat nor induce. Co-workers cannot compel
others to cease their membership with union.

3. Offer of undue advantage: As soon as any workman induces other worker to join his union by mean of undue
advantage, he commits offence. All workers are at their liberty to join or leave any union without the commitment
of undue advantage. This undue advantage may contain promotion, increment, or designation in union etc.

4. Use of coercion and other unlawful means: Workmen are at liberty to pursue for their benefits from the employer.
But they cannot use pressure or undue influence or thereat. Neither compel nor attempt to compel is allowed by
 law. If it is committed, offence is constituted. Disconnection of utilities such as telephone, water, electricity etc. is
prohibited to compel for anything. Any demand by using threat, intimidation (fear), coercion, pressure,
confinement, dispossession, assault, physical injury etc. are illegal acts thus cannot be used for any demand even
for any legal demand. No aspect is left which is not covered to avoid evil things. This thing establishes cordial
relationship between the employer and employee.

5. Illegal strike: Offer of money or otherwise to commence, continue, instigate, or incite (induce, provoke) for illegal
strike or go-slow is prohibited at law. If go-slow is caused due to fault of machinery or failure of electricity or any
other utility where intention of workmen is not involved, is not covered under go-slow. Any fault, which is out of
control on the part of workmen, is not unfair labour practice.

6. Strike without notice: s

7. Go slow: Offer of money or otherwise to commence, continue, instigate, or incite (induce, provoke) for go-slow is
prohibited at law. If go-slow is caused due to fault of machinery or failure of electricity or any other utility where
intention of workmen is not involved, is not covered under go-slow. Any fault, which is out of control on the part
of workmen, is not unfair labour practice.

Rights and Privileges to Collective Bargaining Agent u/s 17: Law provides immunity to officers and members of a
registered trade union or Collective Bargaining Agent from punishment u/s 120 – B of the Pakistan Penal Code with
exceptions. This privilege is only provided with respect to the activities of trade union. It objects for the welfare of
workers. This immunity aims to project constitution of trade union. This protection is only provided to protect the
cause of trade union.

Immunity from civil suits in certain cases u/s 18: S. 18 protects unionists from civil suits or other proceedings of a civil
nature in respect of certain acts done in furtherance of industrial dispute.

Under the normal law, a civil suit can be filed against a person or body of persons, who do any act which induces some
other person to break a contract of employment of which is an interference with the trade, business, or employment
of some other person or with the right of some other person to dispose of his capital or labour as he wills, if the
plaintiff has suffered or is likely to suffer damages as a result of those acts. But the mere fact that damage has been
caused does not make those acts actionable; other factors have also to be taken into account, i.e., whether the act
done is lawful or unlawful, whether the means adopted are lawful or unlawful, and what is the intention behind the
act.

In the first two cases if the act done or the means adopted are unlawful, the person or a combination of persons
responsible are liable to be sued in a Court of law for civil liability irrespective of the intention of the act. In the third
case there is a difference between the individual and the combination. In the case of individual, if the act and the
means are lawful, the intention is immaterial but in the case of a combination of persons, the intention is material.
Thus when a person asks another not to join the service of a third person or not to buy goods from him and does not
resort to violence or intimidation, the third person cannot file a suit against the first person although the intention of
such person is to cause damage. On the other hand, where a body of persons acting in combination (say registered
trade union) do a lawful thing in a lawful manner and thereby cause damage to another, such other person can file a
suit against them, if the intention of the combination is only to injure him and not protect or advance their own
interest. For example, if certain workers having failed in strike, out of sullenness (in a bad mood) and not with a view
to protect or advance their interest lower the output in a factory the employer can file a suit against them for the
damage caused to him by such action. It should be noted that the protection does not extend to inducements to break
contracts other than contract of employment, e.g., contract for the sale and purchase of goods.

On the other hand if the intention of the combination (doing a lawful thing in lawful manner) is not to injure a third
person but only to protect or advance their own interests and damage is thereby caused to the third person, such
person cannot file a suit against them.
Registration of federation of trade unions u/s 20: Formation of federation either at local or national level for both
workers and employers is lawful. Federation means combination of two or more trade unions or associations, e.g.,
union of one establishment may join union of another establishment thus it shall be federation. It may either be
formed locally or nationwide. Union of the employees cannot join the union of employers and vice versa.

There must be a constitution of a federation as the union is. Application for registration is liable to sign by all the
presidents of the unions concerned or their officers so authorized. They shall prepare the instrument in triplicate. If
constitution specifies that mere particular industry is subject of federation then union relating to other industry cannot
join the federation. For example, if constitution allows that only unions of cotton industry can form federation then
union from chemicals industry cannot join such federation however they may form separate federation for other
purpose they have.

Audit u/s 21: Accounts of the trade unions are liable to audit and unions are bound to send to Registrar a statement in
the manner prescribed including all receipts of income and expenditure, assets and liabilities at the end of the year or
any other date which is prescribed.

All the alteration made in constitution or any change in officers of the trade unions shall also be communicated to
Registrar. Funds of the unions cannot be utilized for the purpose not prescribed in the constitution. If constitution
does not allow, president of the union cannot purchase car for himself. It shall be ultra vires of the constitution.

Powers of Registrar u/s 13: Registrar enjoys the powers under law such as:

1. To register the Trade Union:

2. Maintenance of register for the purpose:

3. Lodge complaints to Labour Court:

4. Authorize to any person to lodge complain:

5. Determination of Collective Bargaining Agent among others:

6. Inspect record of Trade Union:

7. Inspect account of Trade Union:

8. Investigation on record:

9. Other powers prescribed:

Collective Bargaining Agent u/s 22: Registrar is bound upon application to get hold election for the Collective
Bargaining Agent. Where there is one union there should be no reason to hold election for Collective Bargaining Agent.
The sole union acts as Collective Bargaining Agent. Where there is more than one trade unions, Registrar get hold
election for Collective Bargaining Agent. When different unions submits their applications for the holding of elections,
Registrar send notices to other unions.

Every workman who has worked for or more than three months is eligible to cast his vote in the election of Collective
Bargaining Agent. In case the seasonal industry, three months’ service during the entire service either in piece meals
is sufficient to attain the status of eligible voter.

This is the duty of employer to provide the facilities to Registrar for holding elections. Employer cannot interfere by
any mean in election. Elections are held when maximum workers are available on work place. In the absence of
maximum workers, elections cannot be got held.

Canvassing is not allowed with the radius of fifty yards of the place where elections are being held.
National Industrial Relations Commission u/s 22 – A: It is a high level forum for the relationship of workers community
alongwith employers.

Constitution of commission: Only Federal government constitutes this commission and appoints its chairman and
members.

Minimum membership: Government shall fixes minimum numbers members of the commission, but in any way this
strength shall not be less than seven including chairman. Apart from minimum requirement of members, government
shall appoint another two members, one of whom shall assist chairman on the matters relating to employees and
other one to employers. Chairman may also appoint other members at his sole discretion under law.

Qualification of chairman: Only government determines the qualification of chairman and other members.

Honorarium of workers’ representative: Representatives of workers are entitled for honorarium to meet the
requirements of the representation.

Functions of National Industrial Relations Commission u/s 22 – A (8): Commission shall perform the following
functions:

1. Promotion of unionism: This is a judiciary which itself promote the cause of labour. To encourage of union activities
is duty of National Industrial Relations Commission and to ensure the working in industry in the interest of
industry.

2. Formation of federation: Formation of federation either at local or national level for both workers and employers
is lawful. Federation means combination of two or more trade unions or associations, e.g., union of one
establishment may join union of another establishment thus it shall be federation. It may either be formed locally
or nationwide.

3. Adjudication and determination of industrial disputes: This is the duty of government to determine particular
dispute in industry to avoid any mishap. Government not only ascertains the existence of dispute but also
adjudicates the matter in the best interest of public and workers as well. For example, strike in flourmills causes
severe tension not only to workers but also public at large, therefore, government does not remain this matter
pending. Shortage of flour may also cause rise in prices and may cause starvation.

4. Registration at higher level: Apart from common union, there are further more categories which require separate
registration, e.g., industry wise trade union, federation of trade unions, and federation of trade unions at national
level etc. National Industrial Relations Commission registers them.

5. Determination of Collective Bargaining Agent: National Industrial Relations Commission also determines
Collective Bargaining Agent amongst industry wise trade union, federation of trade unions, and federation of
trade unions at national level.

6. Try of certain offences: National Industrial Relations Commission tries following offences which come u/s 53 of
Industrial Relations Ordinance, 1969 with exceptions and others:

a) Unfair labour practices on the part of employer: Unfair labour practices on the part of employers, u/s 15 are
prohibited thus punishable under law. National Industrial Relations Commission can impose punishment with
imprisonment, which may extend to four years or with fine, which may extend to ten thousand rupees or with
both.

b) Unfair labour practices on the part of employees: Unfair labour practices on the part of employees, u/s 16 are
prohibited thus punishable under law. National Industrial Relations Commission can impose punishment with
imprisonment, which may extend to three years or with fine, which may extend to five hundred rupees or with
both.
 c) Coercive means of workers against employer: U/s 16(1)(d) unfair labour practice on the part of workers is
prohibited. Workers cannot use coercive means against employer for any demand by way of compel or
attempt to compel of intimidation, pressure, threat, confinement, ouster from a place, dispossession, assault,
physical injury, disconnection of telephone, water, or power facilities. This is offence and punishable with
imprisonment upto three years or with fine upto two thousand rupees or with both.

d) Offence of officer of union: If any officer of union contravenes the provisions of S. 16(1)(d) shall be debarred
to hold office in any trade union for the period in which he is debarred to hold office. This punishment is in
addition to imprisonment upto three years or fine upto two thousands or both.

e) Any other matter: Any other matter relating to either employee or employer in relation to any type of
unionism is try-able by the National Industrial Relations Commission.

7. Education of trade unionism: This is duty of National Industrial Relations Commission to advise government so far
as the matters of the education of the promotion of trade union activities are concerned.

8. Punishment on observation: s

9. Punishment on prejudice disobey: s

10. Hatred contempt: s

11. Inquiry: s

12. Any other functions: Government may notify any other powers given to National Industrial Relations Commission
time to time.

Benches of the commission u/s 22(B): National Industrial Relations Commission establishes benches of the
commission in different areas, cities, and industrial zones. Chairman of the commission shall supervise the benches
within his jurisdiction.

Membership of full bench commission: Three or more than three members shall constitute commission.

Branch of commission: National Industrial Relations Commission may constitute further branches of commission
comprising on one or more members.

Opinion of commission: Opinion of the commission shall not be challenge-able on the ground whether one or more
members of the commission were absent when opinion was made. Even a single member of commission is sufficient
to give opinion. It shall be final and binding to parties.

Reference to Chairman: Where members of the commission reaches to opinion which is equally divided, it shall be
referred to chairman for his verdict. He may call fresh inquiry. His opinion shall be final and binding on parties.
Chairman may cast his casting vote where opinion is equally divided. In normal circumstances, chairman does not cast
his vote.

Additional powers: Following are the additional powers of the commission:

1. Punishment on obstruction: Where worker or employer abuses the powers of commission, commission may
punish the offender.

2. Punishments on prejudice disobey: Where opinion of commission is not comply with in good faith, commission
may inflict punishment on the person so disobeys.
3. Hatred contempt: Where opinion of the commission is not complied with intentionally in proud manner,
commission may punish with imprisonment for a maximum period of six months or with fine upto Rs. 2,000/- or
with both.

4. Inquiry: Where dispute of national importance is involved, commission may investigate the matter on spot.
Commission may inspect record, building, and shops etc.

Grievance-notice u/s 25 – A of Industrial Relations Ordinance, 1969: Following is the draft of grievance notice:

1. Mr. Muhammad Zeeshan Akbar Khan

General Manager

2. Mr. Muhammad Musanjef Riaz

Senior Manager Industrial Relations

3. Mr. Nizam-ud-Deen Khan

Chief Executive Officer
M/s. Nizam Group of Industries
Kot Lakhpat Industrial Area
LAHORE.

February 07, 1999

Subject: Grievance Notice u/s 25 – A of Industrial Relations Ordinance, 1969.

Dear Sirs,

I was appointed as helper in Electrical Department in your organization and my date of joining was July 01, 1996.

My salary was fixed Rs. 64/- (Rupees sixty-four only) per day alongwith the overtime Rs. 4.38 per hour and I have been
receiving my salary on signing on payroll every month.

I have been doing this job under the supervision of Mr. Babar Mairaj and come under the definition of “workman” as
per provisions u/s 2 of the Industrial Relations Ordinance, 1969.

That I have been working honestly and upto the entire satisfaction of my in-charge and no warning or show cause
notice has been issued to me during this period.

That my services are terminated after three/six months and again rehired for the same job and this practice has been
continuing for last two years.

That as my job remains with the company without any interruption therefore as such I have become permanent
employee of the company after completion of three moths’ probation.

That I have been supplying three/six months’ appointment letters and again after interval of two or three days, I have
been providing fresh letter for the same period.

This action of the company is illegal, frivolous, and based on mala-fide intention to prevent my services as permanent
employee.

Company has issued me five letters whereas I have been continually working with the company for last two years in
accordance with the Industrial Relations Ordinance, 1969 provisions and as such become a permanent employee.
That the company employs more than twenty workmen and therefore Standing Orders Ordinance, 1968 is applicable
and as such issuance of temporary letters after gaps of two or three days for appointment on a job of permanent
nature is violation of the Standing Orders Ordinance, 1968 and I have become permanent employee.

It is, therefore, requested that the practice of issuing three/six months’ letters may please be stopped and
arrangement to issue me a permanent letter with effect from my date of joining, i.e., July 01, 1996.

It is once again requested to your honour, to redress my grievance within the stipulated period as provided in the law
failing which I will be constrained to invoke the Court of justice.

Thanking you.

Yours faithfully,

Waqas Ahmed
Helper – Electrical Department

Mirza Muhammad Asif Siyal

The Manager Administration
Sabir Pharmaceuticals Limited
Bedian Road
LAHORE.

May 13, 2002

Subject: Redress of grievances regarding leave.

Dear Sir,

I have been sanctioned ten (10) days’ leave by the Supervisor after obtaining necessary approval from the competent
officer. On sixth day, I received a telegram from the employer canceling my remaining four (4) leaves, and was directed
to report on duty on the ground of emergency. I had reported myself on duty on sixth (6 th) day of May 2002, in
compliance to the ordering of the employer. Now the Supervisor of my establishment has refused to pay the overtime
and also deducted the conveyance allowance of four (4) days which has been guaranteed under the settlement
between the employer and Collective Bargaining Agent.

I, therefore, file this petition to your good self to redress my grievances, which arose due to an illegal action on the
part of Supervisor.

In case of failing to redress the grievances as stated above, I shall take this matter to the Labour Court and also claim
the expenses of Court.

Yours faithfully,

Mirza Babar Aftab

Welder
Petitioner
Limitation: Limitation period to being the case to the Labour Court after the unsatisfactory decision of the employer,
i.e., Manager Administration is two months.

In the Labour Court of Mr. Saddam Hussain, Senior Civil Judge, Lahore.

Mirza Babar Aftab Rana Nadeem Qamar Khan

Welder Manager Administration
Sabir Pharmaceuticals Limited Sabir Pharmaceuticals Limited
Bedian Road Versus Bedian Road
LAHORE. LAHORE.

Petitioner Respondent

Petition u/s 25 – A of Industrial Relations Ordinance, 1969

Respectfully Sheweth:

1. Facts of the cases.

2. Facts of the cases.

3. Facts of the cases.

4. Facts of the cases.

5. That as required u/s 25 – A, I have filed an application myself before the respondent but he has not redressed my
grievances. Hence this petition.

6. That Cause of action arose one and half month ago when the respondent issued a letter of rejecting the application
of grievances.

7. That respondent resides in Lahore and also application for the redressal of grievance was given in Lahore,
therefore, this Honour-able Court has got jurisdiction to entertain and proceed the petition.

8. That the value of subject matter for the purposes of Suit Evaluation and Court Fee has been fixed Rs. 200/- on
which requisite Court fee Rs. 15/- has been paid.

In view of the above, it is respectfully prayed that the petitioner may be allowed overtime and the conveyance
allowance for the period he has attended the industry with cost.

Petitioner

Verification: As usual.

Constitution of Labour Appellate Tribunal u/s 38: Provincial government has authority to constitute one ore more
such tribunals under this law.

Appointment of members: A person who is the Judge of the High Court or has been Judge shall be appointed as the
member of this tribunal. He can award punishments for contempt of its authority as well as of the Labour Courts,
subject to an appeal to the High Court.

Powers of Labour Court u/ss 35 and 36: Labour Court enjoys following powers:

1. Determination of industrial disputes:

2. Enquiry on violation of settlement:

3. Enquiry on implementation of settlement of provincial government:

4. Adjudication on violation of settlement:

5. Adjudication on implementation of settlement:

6. Try offence under Industrial Relations Ordinance, 1969:

7. Try offences under other laws as provincial government specifies:

8. Other powers as conferred:

9. Summary proceedings:

10. Enforcement of attendance:

11. Examination on oath:

12. Compel to produce documents:

13. Compel to produce material object:

14. Issuance of commission:

15. Powers under Code of Civil Procedure:

16. Powers under Code of Criminal Procedure:

17. Powers of Magistrate u/s 30 of Code of Criminal Procedure:

Power of the Labour Appellate Tribunal: This tribunal possesses the following powers on appeal:

1. Confirmation of award: Where it is found from the face of record that the award of labour Court is correct prima
facie, this tribunal upholds such award.

2. Set aside decision: Where any illegality or mistake is committed during the making an award, this tribunal may set
aside the finding of its subordinate Court.

3. Vary of award: Where this tribunal thinks fit that award requires some variance, it may vary the award passed by
the lower Court. Variance of award requires the compulsorily hearing the other party. This principle is based on
the maxim “audi alteram partem” that no one can be punished being unheard. It is one of the principle of natural
justice.

4. Modification of award: Where is some clerical or arithmetical mistake and they do not change the award wholly,
this tribunal may modify the mistake upto the extent of such essential requirement. Award cannot be altered or
modified until or unless opportunity is given to the other party to show cause.

5. Delivery of decision: Tribunal is bound to deliver its findings within a period of 60 days. But where is sufficient and
reasonable ground to prolong proceedings, it may not vitiate the entire proceedings.

6. Call of record: Tribunal has also power to call record from its subordinate Court as to get satisfaction about the
correctness, legality, or propriety of such order. This provision objects the end of justice.
7. Power relating to contempt: This tribunal has also power to punish upon the commission of its contempt as like
High Court.

8. Transfer of cases: Labour Appellate Tribunal may transfer cases within its jurisdiction from one Court to another.
This power may be used either on its own motion or on the application of the party.

9. Stay on reinstatement: Where subordinate Court passes an order of the reinstatement of the workman, tribunal
may stay its operation. Power of stay is attached with the reconsideration of the tribunal and decision within
twenty days, otherwise award of the subordinate shall be considered upheld.

Protection of certain persons u/s 48: Protection to law abiders is provided as against the compulsory participation in
illegal strike or other activities. Employer is not allowed to punish such worker by any way. Employer cannot threat
workers.

Representation of parties u/s 49: Any person either workman or employer is allowed by law to be represented in
industrial dispute. Legal practitioners are not allowed being representatives. Legal practitioner can appear
before Labour Court or Arbitrator.

An officer of a Collective Bargaining Agent can represent a workman in any proceedings under the Ordinance. A
person duly authorized can represent an employer. These officers must not be legal practitioners. Legal practitioners
can only represent a party or parties before the Arbitrator or the Labour Court with their permissions.

Recovery of money due from an employer under a settlement or award u/s 51: Any worker may recover any money
payable by the employer. But how the recovery is made? This recovery is treated as arrears of Land Revenue and
competent Court may require the services of Collector for the recovery of arrears. Court may refer the case to
Collector. This term is applicable for both worker and employer.

Performance of functions till Collective Bargaining Agent ascertained u/s 52: Collective Bargaining Agent is
authorized to carry on functions allowed by this law. Butt where Collective Bargaining Agent has not been ascertained,
this responsibility can be put to the Trade Union for the time being recognized in the establishment.

Duties of Personnel Manager: Following can be prescribed as his duties:

1. Ensure pick & drop workers:

2. Welfare: Like food, medicine, insurance etc.

3. Payment of legal dues: Within time.

4. Fair hiring:

5. Compliance of service agreements:

6. Retention policy:

7. Other policies and their updation:

8. Training:

9. Increment:

10. Promotion:

11. Final settlement:

12. Evaluation/appraisals:

13. Ensure SHE:

14. Communication:

a) Phone:

b) Fax:

c) Courier:

d) Photostat:
The Workmen's Compensation Act
Course Contents:

1. The Workmen’s Compensation Act, 1923 (as amended upto date).

Book Recommended:

1. Labour Code of Pakistan by Muhammad Shafi and Pervez Shafi.

This law deals with the payment of compensation by the employer to worker or workman (not officer) when he meets
with an accident during his working period. Natural disabilities are excluded from the compulsory payment of
compensation. Occurrence of accident after the working hours in outside the working premises is also excluded from
the payment of compensation. Only such accident is covered under this law which occurs due to work for which
worker is employed.

Adult: Generally the person who attains the age of eighteen in general or twenty one in case where Court appoints
guardian for person or his property becomes adult. But so far as the Workmen’s Compensation Act is concerned, the
minor is below than fifteen (15) years of age and adult is the person who has attained the age of fifteen (15) years. This
is a special law and where special law provides other than of general law, provisions of the special law prevail. Special
law suspends the general law.

Dependant (O»B°· jÍk): Following are the dependants of the worker for the payment of compensation:

1. Widow where husband dies. Previously the word wife was used as dependent.

2. Minor legitimate son. Here again minor means a person whose age is less than of fifteen years.

3. Unmarried legitimate daughter. Age is not defined. She remains dependent even she goes to forty year of age
without marriage.

4. Widowed mother.

5. Widower where wife dies.

6. Parents other than a widowed mother.

7. Minor illegitimate son. Age of majority remains the same as previous, i.e., fifteen years.

8. Unmarried illegitimate daughter.

9. Daughter either legitimate or illegitimate and minor after death of her husband is also considered dependent of
the worker.

10. A minor unmarried brother. Age of majority for the purpose of workmen’s compensation remains the fifteen
years.

11. Unmarried or widowed sister.

12. Widowed daughters in law (ÌÈI ÊÌÎI). After death of son of worker, widow of son remains the dependant to
worker.

13. Orphan grandson.

14. Minor of the deceased daughter where her husband has also been died.

15. Paternal grandparent where parent of workman have been died.

Workmen’s Compensation – employer’s liability for compensation u/s 3: The liability of an employer is confined to
payment of compensation to someone who is a “workman” within the meaning of the Act, and then only in respect
of an injury caused by “accident arising out of and in the course of his employment”. The important words being
“employed”, “workman”, “accident”, “arising out of”, and “in the course of employment”. A workman claiming
compensation must prove two things, i.e., that the accident arose out of his employment, that is to say that his
employment was distinctive and the proximate cause of his personal injury and that it occurred in the course of
employment.

An injured workman has two alternative remedies, i.e., either he may proceed under the Workmen’s Compensation
Act in which case any suit for damages will not be maintainable in any Court of law, or he may sue his employer for
damages in an ordinary Court in which case he forfeits his rights under the Workmen’s Compensation Act. He may
choose whichever suits him better. But if proceeding is under the Workmen’s Compensation Act, he is finally held not
to be a “workman” he can still sue the employer for damages in a Civil Court by making use of the Limitation Act to
avoid the difficulty of time bar if he can show that he was pursuing a supposed remedy in another jurisdiction.

Employer’s liability: Under the Act, liability of employer is an absolute nature and payment of compensation is limited
by ceiling fixed in Schedule to the Act. Claim of compensation is distinguishable from claim in tort as in latter case
injury arises out of employer’s negligence as well as compensation payable is fixed by Court not subjected to any limit
like that of Schedule.

Injury while going to work by transport provided by employer, implication that there was an obligation on the part of
the employer to provide the transport, and there was equal an obligation on the part of the workman to make use of
the transport, the injury occurred out of and in the course of employment.

Where employer is exempted from payment of compensation: Following are the circumstances under which liability
of the employer extinguished for the payment of compensation:

1. When liability arises: When injury is caused to workman in the course of employment.

2. Conditions of the injury: s

a) Injury to workman: s

b) Within the course of employment: s

c) Exceeds four days: s

3. Exclusions: Followings are excluded from the injury:

a) Total disablement:

b) Short period of injury: Where period of injury is less than provided under law, i.e., four days, liability of
employer extinguishes. It covers both total and partial disablement.

c) Partial disablement:

d) Injury not resulting death by accident:

e) Injury under drink: Injury during voluntary intoxication: If workman gets injury during the use of intoxication
or drug, which is voluntary, employer is not liable to pay compensation.
 f) Injury under drugs:

g) Willful disobedience as to safety rules: Where employer has indicated the “restricted area” not for the use of
common workers, and worker goes there and gets injury, is not covered under this law. This disobedience
must be willful and not mere disobedience.

h) Willful removal of safety guards: Where employer has provided safety devices for the protection of workman
from injury and workman removes them without any sufficient cause, shall exempt employer from the
payment of compensation if injury occurs.

i) Where suit for damages has been instituted:

Distribution of compensation u/s 8: Where workman has been died and his dependant includes legal disable or widow,
payment of compensation shall not be made directly to them but through Commissioner. This provision is made to
protect the interest of the dependants who are not able to retain compensation for better use.

Employer can make payment directly to the dependants of deceased workman not exceeding to Rs. 100/-. This amount
is deductible from the sum of amount of compensation. Commissioner deducts this advance payment from the
amount of compensation and it is repaid to employer.

Any amount of compensation, which exceeds to Rs. 10/-, shall be paid to dependants of workman through
Commissioner. Employer shall deposit such amount to Commissioner.

Where working lady suffers from legal injury, Commissioner may segregate the amount of compensation making half
payment to the person suffering and half is invested to receive benefits of it permanently. Investment protects her
interest as against the greedy members of her family.

Where dependants are legally disabled, amount of compensation is not directly made to them, but Commissioner
decides whether as to how compensation is paid to them. Employer cannot make such payment them directly.

Where employer makes payment of compensation to legal heir in case of the death of dependant and obtains receipts,
these receipts are not legally entertain-able as valid receipt and payment of compensation. It can be challenged in
Court of law. Only Commissioner is competent authority to distribute such amount of compensation.

Where amount of compensation exceeds to Rs. 300/- shall be paid to dependants through Commissioner. Employer
cannot make such payment directly, if so, shall be null and void in the eyes of law.

Funeral expenses made to the legal heirs directly by employer can be deducted from the total amount of
compensation later on.

Where Commissioner pays the amount of compensation to dependants, he issues its receipts to both dependants and
employer, which are conclusive proofs of the payment of amount of compensation.

Employer is layman and not aware as to who is dependant of the deceased workman. What is definition of dependant?
Who are legal heirs? This all rests to Commissioner.

As and when Commissioner receives the amount of compensation from employer for distribution, he makes a notice
to the dependants of workman. He also may notify through advertisement in newspaper. Dependants or legal heirs,
as the case may be, apply to Commissioner for the receipt of amount of compensation.

Where no claimant comes to receive the amount of compensation, Commissioner may remit the amount of
compensation to employer. Employer cannot use this amount for any other purpose other than the welfare of fellow
workmen of deceased workman. This happens where workman has neither dependants nor legal heirs.
Where during the course of pendency of the case to determine the dependants, a dependant dies, amount of his share
shall be distributed to his legal heirs, if alive. Law of Succession governs such distribution. Where dependant dies after
receiving the amount of compensation, Succession Act shall govern his estate.

Compensation not to be assigned, attached, or charged u/s 9: Amount payable to workman either monthly or half
monthly not to be assigned, attached, or charged other than where law permits.

Notice and claim u/s 10: Where accident is occurred, it is obligatory on the part of employee or employer to convey
such occurrence to the Commissioner otherwise claim shall not be made to the worker.

Person keeping management shall serve notice, which shall include name of the person injured, his address, cause,
and date of injury.

Medical examination u/s 11: Worker is bound to inform his employer for the causation of injury within three days.
Employer is required to appoint a doctor for his treatment. Worker is also under liability to convey the occurrence of
injury. Workman injured has to present himself for the medical examination and following rules shall govern his
treatment:

1. As soon as the injury is reported to employer, employer is required to appoint a qualified medical practitioner to
examine the injured workman within three days of the injury. Workman shall also present himself for examination
from time to time prescribed by such doctor. Where workman fails to submit himself for treatment despite the
fact that employer has appointed the qualified doctor, employer shall not be liable. Where doctor could not be
appointed or due to reasons certain workman could not present himself to the doctor prescribed, employer shall
reimburse all the medical expenses borne by the workman. Workman is not required for any unnecessary frequent
visits. Unnecessary expenses are not reimbursed under this Act. Compensation is started from the date when he
produces himself to doctor.

2. Where workman fails to submit himself before prescribed doctor, reimbursement for such period shall not be paid
unless he produces himself before the doctor prescribed. Only authorized intervals are covered under this law.

3. Where worker is bound by law to produce himself within stipulated time period and he fails to do so, his right of
compensation shall be suspended unless he produces himself.

4. Where death is caused to workman during unauthorized absence, decision shall rest to Commissioner for the
payment of compensation.

5. Where unauthorized absence of workman commences within the waiting period, it may be enhanced. Waiting
period is three months. If workman produces himself in such period, compensation shall remain continue.

6. Where workman deliberately avoids producing himself to prescribed doctor and minor injury is converted into
major injury, compensation for only minor injury shall be applicable. It is to avoid blackmailing on the part of
workman.

Contracting u/s 12: If a company carrying on the business of manufacturing goods requires a factory for performing
the manufacturing process and the factory requires a chimney, the work of seasonal repairs to the chimney by a
contractor is not a part of the ordinary trade or business of the company.

Accident should took place in the factory premises or on the place which is used for the carrying on the business of
enterprise.

Compulsory group insurance u/s 13 – B: This is liability of the employer:

1. Liability of the employer:

2. All permanent workmen are covered:

3. When claim arises:

a) Natural death:

b) Natural disability:

c) Partial disability:

d) Injury:

4. Liability to pay: Following can be held liable under different circumstances:

a) Insurance company:

b) Employer:

5. Amount of insurance: Minimum coverage required under law is Rs. 200,000/- per worker.

6. Where is no insurance: Liability transfers to employer.

7. Payment to whom: Amount of insurance is paid to the following persons:

a) To heirs: Where worker is died.

b) To workman: Where he injures.

8. Recovery under Workmen’s Compensation Act:

Insolvency of employer u/s 14: Compensation is presumed debt on employer where company is wound up.

Liability of the employer shifts to insurance company. Where insurance is not made out, liability remains with the
employer.

Where insurance is made out, liability of the payment of compensation shifts to insurance company.

Where Company has paid fewer premiums to insurance company; remaining amount receiver shall pay to worker.
Insurance company is liable upto the extent of payment of premium. Rest liability rests to employer, which is
discharged by the receiver.

Appellate authority against compensation: Following the authority and appeal-able orders u/s 30:

1. Tribunal: s

2. Appeal-able orders: Following the appeal-able orders:

a) Order awarding compensation: s

b) Disallowance of claim: s

c) Refuse to allow compensation: s

d) Order to distribute compensation: s

e) Allowing indemnity claim: s

f) Disallowance of indemnity claim: s

 g) Refuse to register memorandum: s

3. Conditions of appeal: Following are the conditions of appeal:

a) Legal point:

b) Where are consents:

c) Disability of employer for appointment:

4. Limitation: Sixty days are provided for appeal.

5. Applicability of Limitation Act: Section 5 is applicable in such a case.

Judicial powers of Commissioner u/ss 22 – A, 23, and 27: Following are the powers:

1. Require further deposit on fatal accident:

2. Award against employer:

3. Powers of Code of Civil Procedure:

4. Taking evidence on oath:

5. Enforcement of attendance of witnesses:

6. Compel to produce documents:

7. Compel to produce material object:

8. Powers u/s 195 of Code of Criminal Procedure:

9. Investment of compensation:

10. Try other offences:

W. P. Standing Orders
Course Contents:

1. The West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

Book Recommended:

1. Labour Code of Pakistan by M. Shafi and P. Shafi.

Charge Sheet on the base of “Misconduct: Following the Charge Sheet on the base of “Misconduct”:

Mr. Jamil Riaz Khan

Fabricator

Dawood Chemical Industries Limited

Muredkey

RAWLAKOT.

May 23, 2002

Subject: Charge Sheet on “Misconduct”.

1. You were granted leave for ten (10) days with effect from May 01, 2002. You were required to report yourself on
duty on May 11, 2002.

2. You have not reported yourself on duty upto May 22, 2002, and remained absent willfully without sanction of leave
for twelve (12) days.

3. This act on your part constitutes misconduct under the West Pakistan Industrial and Commercial Employment
(Standing Orders) Ordinance, 1968.

4. You are hereby directed to explain your position in writing within ten days of issuance of this charge sheet as to
why action should not be taken against you under relevant provisions of the West Pakistan Industrial and
Commercial Employment (Standing Orders) Ordinance, 1968.

5. In case you fail to submit your written reply within stipulated period, ex parte action shall be taken against you.

Muhammad Shahnawaz Nizami Naqshbandi Latifi

Senior Manager Human Resources

Modes of payment of gratuity u/s 12: Following are the different modes of payment of gratuity:
1. By Commissioner when worker dies:

2. Payment to dependents:

3. By employer when worker survives:

4. Application to Commissioner when employer fails:

5. Upon termination:

6. Within two days upon termination:

7. Upon resignation:

8. One month’s wages:

9. Average of three months’ last drawn:

10. Eligibility after six months:

Procedure of retrenchment u/s 13: Following procedure of adopted for retrenchment (downsizing) of the workers:

1. Right of the employer:

2. When retrenchment is conducted:

a) Close down of establishment:

b) Close down of department:

c) Extinction of post:

3. Junior most is retrenched first:

4. Right of service certificate u/s 19:

Re-employment of the retrenched worker u/s 14: Worker once retrenched can be re-employed according to the
following procedure:

1. Only within one-year procedure: Worker once retrenched can be taken back on employment provided he is
required back within one after his retrenchment.

2. Offer through registered mail:

3. Offer to senior most first:

4. Preference to whom rejoins within 10 days where seasonal factory is:

5. Registered mail within 10 days where no one rejoins in case of seasonal factory:

6. One year provision in case of construction work:

Powers and functions of Inspector u/s 23 – D: Following are the powers of Inspector:
1. To enter in premises:

2. To make examination of document:

3. To make examination of registers:

4. To take evidence on spot:

5. Call for information from Management:

6. To report to Registrar:

7. Any other power:

Functions of Works Council u/s 25: Following are the powers of the Works Council:

1. To promote relationship:

2. Maintain sympathies among all:

3. Bilateral negotiation:

4. Settlement of disputes:

5. Security of employment:

6. Condition of safety:

7. Job satisfaction:

8. To encourage vocational training:

9. Measures for harmonious working:

10. Educational facilities for children:

11. Discuss mutual interest matters:

Kinds of workmen u/s 2(i): Following are the kinds of the workmen:

1. Permanent: One who continuously works for more than nine months on permanent job.

2. Probation: It is transitory period of three months.

3. Badlis:

4. Temporary: Maximum period for temporary workers is nine months.

5. Apprentices:

Definition of worker: Following points are considerable in the determination of workman:

1. Skill:
2. Unskilled:

3. Manual work:

4. Clerical work:

5. Nature of work:

6. Disregard of designation and salary:

7. Employment in industrial and commercial establishment:

8. Work for hire:

9. Work of reward:

Punishment to worker on misconduct u/s 15: Following are the punishments:

1. 3% fine in a month: s

2. Withholding of increment: It is withheld for a maximum period of one year.

3. Withholding promotion: This punishment also cannot be extended for a period of one year.

4. Reduction to lower post: He can be reverted to lower post.

5. Dismissal without compensation: Where worker is guilty of misconduct, he can be dismissed without
compensation.

Samples of Show Cause Notices

Mr. Muhammad Ajmal

(Driver)

Adil Textile Mills Limited

SHEIKHUPURA.

AD/49/8974 February 19, 1998

Subject: Show Cause Notice.

This refers to the following warning issued to you on negligence in sub-ordination on your part:

Memo No. AD/35/001 Dated 22-12-1994

Memo No. AD/89/002 Dated 24-01-1995

Memo No. AD/36/003 Dated 18-04-1995

Letter No. AD/48/1940 Dated 22-12-1996

Memo Dated 07-05-1997

Warning Notice AD/56/5009 Dated 09-06-1997

On 13-02-1998 you left from site at 1515 hours to drop Mr. Muhammad Ali and Mr. Javed Qadri at Pearl Continental
Hotel (The Mall Lahore) you reached at site on 1915 hours (Gate Pass attached). On the way to Pearl Continental, in-
spite of some stoppages by Managers, you dropped them at 1645 hours. You should have reached at site latest by
1800 hours but you reported on 1915 hours.

Your above action comes under the violation of rules and as such constitutes an act of “Misconduct”. You are hereby
called for an explanation within three days on receipt of this letter as to why disciplinary action should not be taken
against you. In case of failure, further action will be initiated according to law.

Manager Human Resources

Enclosure (as above)

Mr. Muhammad Nazir

(Driver)

ICI Dulux Limited

LAHORE.

AD/89/ February 19, 1998

Subject: Show Cause Notice.

It has been reported against you that on ______________, you had been sent to Head Office to shift some
___________________, by KIA Truck (LXC-0000). You reported to Assistant Manager Administration, Mobeen Ali Khan
that you have observed mobil oil leakage from the engine side and oil consumption also. Assistant Manager advised
you get you truck checked from the _________________________, before leaving for site. But instead of following
the lawful instructions of your officer, you did not get you truck checked at the designated workshop not report at
Head Office rather you directly approached to site and also claimed a bill amounting to Rs. ------------, for unauthorized
purchase of six liter mobil oil.

This act of yours tantamount to gross misconduct under the labour law. You are therefore directed in your own
interest, to submit your explanation in writing within seven days of receipt of this notice as to why disciplinary action
should not be taken against you.
In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to
explain/produce in your defence and further action will be taken against you according to the law.

Manager Human Resources

Enclosure (as above)

Syed Akhtar Abbas Khan

Officer (Mechanical Supervisor)

Pak Electron Limited

LAHORE.

Subject: Show Cause Notice.

Ad/89/95687 April 14, 1998

Dear Sir,

This refers your application for earned leave from March 25, 1998 to April 07, 1998, for two weeks.

You left the site without approving this leave by your manager.

You were directed to resume your duty immediately vide this office letter No. HR/00/9351, dated March 27, 1998.

You were again directed to resume your duty immediately vide this office letter No. HR/00/9367, dated April 03, 1998.

Both of the above letters were sent to you by Courier Service on your given postal address.

You failed to comply with the instructions and availed unauthorized leave mentioned above.

Your above action is against the law and as such constitutes an act of misconduct.
You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not
be taken against you.

If you again fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Muhammad Umar Farooq Kalyar

Manager Human Resources

c. c.: 1. Divisional Manager Engineering

2. HRD (Site)

Mr. Anjum Ali Bokhari

Instrument Technician

Ittehad Chemicals Limited

SHEIKHUPURA.

AD/89/564789 June 10, 1998

Subject: Show Cause Notice.

Dear Sir,

This refers your leave application form dated April 25, 1998, requesting for sick leave from April 14, 1998 to April 21,
1998 for 8 days.

In support of your sickness, you submitted medical certificate issued by Dr. Amir Khursro, Satellite Town, Rawalpindi,
dated April 16, 1998.

During the course of scrutiny it has been found that the medical certificate submitted by you is not genuine and has
not been issued by the signing authority.

Your above action is against the law and as such constitutes an act of misconduct.
You are, therefore, required to explain within one week as to why disciplinary action should not be taken against you.

If you fail to submit your reply within the given period, further action will be taken against you ex-parte.

With best regards,

Pir Ali Gohar

Manager Human Resources

c. c.: Human Resources Department (Site)

Mr. Muhammad Anjum Gardezi

Junior Instrument Technician

Hayat Textile Mills Limited

SHEIKHUPURA.

AD/89/5698 June 24, 1998

Subject: Show Cause Notice.

Dear Sir,

You were directed to perform preventive maintenance on TC-3401 on June 22, 1998, during re-installing of the
transmitter on the DOP Plant. The transmitter was damaged because of your negligence/mishandling of the
instrument.

Your above action comes under negligence of duty and as such constitutes an act of misconduct.

You are, therefore, required to submit your written reply against the above mentioned negligence as to why
disciplinary action should not be taken against you.
Your reply should reach to this office within seven days of the receipt of this letter, failing which further action will be
taken against you according to the law.

With best regards,

Zafar Ullah Khan Khokhar

Divisional Manager Human Resources

c. c.: 1. Manager Instrument

2. Human Resources Department (Site)

Mr. Anwar Chattha

Chak No. 35/G. D.

Mujahid Pura

OKARA.

AD/15/ July 13, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since May 24, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not
be taken against you.
If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Ch. Munawar Masood Heera

General Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Javed Iqbal Chohan

Chak No. 57/1-L

Tehsil Renala Khurd

OKARA.

AD/89/ July 13, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since June 10, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not
be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.
With best regards,

Muhammad Aftab Mirza

General Manager Administration

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Khalid Mahmood Buttar

Chak No. 98/I-L

Tehsil Renala Khurd

OKARA.

AD/89/6598 July 13, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since June 10, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not
be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Rana Muhammad Amin Sagar
Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Khaliq Mehmood

C/o. Azeem Electronics

Narowal Road, Daska

SIALKOT.

AD/89/78954 July 17, 1998

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since July 01, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not
be taken against you.

If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

Ch. Zafar Iqbal Cheema
Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Mazhar Iqbal Khan

149/R. B. (East)

Tehsil & District – FAISALABAD.

AD/89/65987 December 22, 1998

Subject: Show Cause Notice.

Dear Sir,

This refers your leave application form dated November 21, 1998 to December 04, 1998, requesting for sick leave for
14 days. Neither your manager has approved your application nor you resumed your duty to date. Also you have not
intimated to this office that as to why you have been absent from your duty.

Your above action is against the law and as such constitutes an act of misconduct.

You are, therefore, required to explain within one week as to why disciplinary action should not be taken against you.

If you fail to submit your reply within the given period, further action will be taken against you according to the law.

With best regards,

Muhammad Azam Bhatti
Manager Human Resources

c. c.: 1. Manager Quality Control.

2. Human Resources Department (Site).

Mr. Muhammad Tariq

Plant Operator
Paktel Limited

SHEIKHUPURA.

AD/89/56987 February 17, 1999

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since December 01, 1998, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.

You are therefore directed to submit your reply in writing within seven days as to why disciplinary action should not
be taken against you.
If you fail to reply this letter, further action will be taken against you according to the law.

With best regards,

M. Zeeshan Akbar Khan

Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Muhammad Ghafoor

Village Kujjar

Deara Wakeel Wala

P. O. Farooq Abad

SHEIKHUPURA.

AD/89/11267 March 16, 1999

Subject: Show Cause Notice.

Dear Sir,

You have been found absent from your duty since February 25, 1999, without permission and intimation to this office.

Your above action is against the law and as such constitutes an act of misconduct.
You are therefore directed to resume your duty immediately and submit your reply in writing within seven days as to
why disciplinary action should not be taken against you.

If you fail to resume your duty and reply this letter, further action will be taken against you according to the law.

With best regards,

Waqas Ahmed Ch.

Manager Human Resources

c. c.: 1. Manager Production

2. Human Resources Department (Site)

Mr. Muhammad Akmal Naushahi

(Driver)

Personal No. 2054

ICI Pakistan Limited

SHEIKHUPURA.

Your reference: Our reference: AD/1254/9874 Date: June 13, 2K

Subject: Show Cause Notice.

It has been reported against you that on June 09, 2K, you were deputed to shift some chemicals to Head Office by KIA
truck (LXC – 2010). After unloading the luggage you reported to Akram Shah Durrani, Assistant Manager Marketing,
regarding over consumption of engine oil and some leakage of oil from engine. The concerned officer ordered you to
get the engine checked from KIWI MOTORS as the same workshop had overhauled the same engine earlier on. You
were categorically asked by the concerned officer to inform him regarding the report from the KIWI MOTORS so that
suitable action could be taken regarding the repair etc. But you neither got the engine of the truck checked from the
KIWI MOTORS nor reported to the officer concerned at Head Office. You, rather returned to site and presented a bill
worth Rs. 360/- for Mobil Oil, which you were not authorized to purchase without permission.
You have been found guilty of non-compliance of lawful orders of your senior officer and your act tantamounts to
gross misconduct under the labour laws. You are therefore, directed in your own interest, to submit your explanation
in writing within seven days of receipt of this notice as to why severe disciplinary action should not be taken against
you.

In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to
explain/produce in your defence and further action will be taken against you according to the law.

With regards,

Mohsin Gilani
Human Resources

c. c.: 1. Manager Administration, Site.

2. Industrial Relations Department – Site, for information.

Mr. Farooq Langriyal

Manager Production

Yamaha Motorcycles Limited

SHEIKHUPURA.

Your reference: Our reference: YML/26598 Date: August 29, 2K

Subject: Show Cause Notice.

It has been reported against you that on August 21, 2000, you were performing the duties as Shift In-charge. At about
23:30 hours Mr. Muhammad Nameer, Plant Operator, Personal No. 1056, reported to you about the over pressure at
R-4. Due to this negligence under your command and control a material loss amounting to Rs. 30,000/- to 35,000/-
approximately took place. Instead of communicating this incident to the Management through log book/cooking book
or verbally you tried to conceal the loss and destroyed/flushed all the defective material in process through the drain
and covered that drain by the empty P. A. Bags.
It is revealed from the above facts that this loss occurred due to your negligence and poor control. You are fully
responsible for this loss being the Shift In-charge. By not reporting this incident to the Management you not only
violated the rules and regulations of the Company but also found guilty of breach of trust.

You are therefore, directed in your own interest, to submit your reply in writing within seven days of receipt of this
notice as to why disciplinary action should not be taken against you.

In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to
explain/produce in your defense and further action will be taken without any reference to you.

Mudassar Kiyani
Human Resources

c. Director Operation
c.:
Divisional Manager Yamaha Motorcycles Limited

Senior Manager Production Yamaha Motorcycles Limited

Industrial Relations – Site – FYI.

Personal File

Mr. Abdul Latif Chohan

Driver

Personal No. 58

Mintgomary Pan Masala

LAHORE.

Your reference: Our reference: MPM/5887/25987 Date: November 27, 2K

Subject: Show Cause Notice.

On November 23, 2000, you were detailed as driver on car LOP – 3654. You went to Shahdarah with Mr. Noreez
Shakoor on official duty. On the move back to office, you met with an accident near Minar-e-Pakistan. As per written
report from Mr. Noreez Shakoor, you hit a stationary vehicle in the rear when that the vehicle was parked on the
roadside. As a result of the accident following damages occurred to the Company car:

a. Front side bumper got damaged.

b. Left hand side indicator broken.

c. Left hand side parking light broken.

d. Right hand side indicator stopped functioning.

When you were asked by Ali Ahmed Khan as to how the accident took place, you gave a false statement. You informed
him that you applied emergency brakes, when a wagon stopped suddenly in-front of you. The car didn’t stop on
application of brakes, but hit the vehicle in-front due to slippery road as it was raining heavily.

The circumstances in which this accident took place indicate that at the time of accident you were driving negligently
and carelessly, regardless of bad weather or road condition.

You are required to explain as to why a strict disciplinary action should not be taken against you for causing the
damage to Company property and making a false statement.

Your reply to reach the undersigned by November 30, 2000, positively.

Pervaiz Ali Shakoori

Human Resources

Mr. Muhammad Faisal Majeed

Ward No. 17, Nankana Road Shahkot

Tehsil Ahmadpur

SHEIKHUPURA.

Your reference: Our reference: AD/4587/87965 Date: July 09, 2002

Subject: Show Cause Notice.

You were found absent from your duty without leave since April 23, 2002. You were also directed to report on duty
vide our letter no. HR/00/, dated May 28, 2002, but you are still absent without any intimation.

Your this act tantamounts to gross violation of the rules and regulations.

You are therefore, directed in your own interest, to submit your explanation in writing within seven days of receipt of
this notice as to why disciplinary action should not be taken against you.

In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to
explain/produce in your defense and further action will be taken against you according to the law.

Riaz Paracha
Human Resources

Mr. Abdul Riaz Basra

(Welder)

C/o. Nayyar Group of Industries

SHEIKHUPURA.

Subject: Show Cause Notice.

It is levelled against you that you had submitted to Human Resources Department, Plant Site, a Maternity Bill from
Khan Hospital, Sheikhupura, amounting to Rs. 16,000/- (Rupees sixteen thousand only) which was found fake upon
inquiry. An Explanation letter was issued to you on May 20, 2003, requiring the reasons within seven days. Despite
two weeks has been passed but your explanation has not reached to the undersigned. Hence this Show Cause Notice.

You are therefore once again directed in your own interest, to submit your explanation in writing within seven days
of the issuance of this Show Cause Notice as to why severe disciplinary action should not be taken against you.
In case you fail to submit your reply within the stipulated period, it will be assumed that you have nothing to
explain/produce in your defense and further action will be taken against you according to the law.

notes
Law of Civil Procedure – Part I – Questions:

1. Explain the difference between Res judicata and Res Subjudice. 1995, 2000

2. Write notes on the following:

(1) Preliminary Decree. 1995 (9) Cause of Action. 1995, 1999

(2) Final Decree. 1995, 1998 (10) Precept. 1995

(3) Mesne Profits. 1995, 1995, 1998 (11) Suit of a civil nature. 1995, 1998

(4) Legal Representatives. 1995 (12) Case decided. 1995

(5) Abatement. 1997 (13) Legal representative. 1997

(6) Appeal-able Orders. 1997, 1998 (14) Consent Decree. 1998

(7) Inter-pleader Suit. 1998 (15) Decree. 1999

(8) Jurisdiction of Civil Court. 1995 (16) Restoration of suit. 1999

3. How S. 35 differs from S. 35 – A of the Civil Procedure Code. 1995, 1998

4. Discuss difference between the First Appeal and the Second Appeal and grounds on which Second appeal
is competent under Civil Procedure Code. 1995, 1998, 2000

5. What is the procedure prescribed in the Code of Civil Procedure for filing a suit for “Public Nuisance”? 1995,
1998

6. What are the essential ingredients of decree and how a decree is distinguishable from an order? 1995

7. Is the principle of res-judicata applicable between co-dependents? Write a note discussing generally the
salient features of the principle of res-judicata. 1995

8. Write questions, which shall be determined by a Court executing a decree? Can a Court go behind a decree
and re-open a decided issue while ordering execution of a decree? 1995

9. Can a suit be instituted against the Government of public officer without a notice u/s 80? Explain the Code
of Civil Procedure, object of such notice and consequences of it non-delivery before filing the suit? 1995, 1998

10. A revision petition may be filed against a “Case decided” which may not be the final order in a case. Explain
with a general reference to the grounds of filing a revision petition. 1995

11. “Civil Courts have jurisdiction, to try all suits of a civil nature excepting those of which” their cognizance is
either expressly or impliedly barred. Explain. 1995

12. Can a suit be successfully depended on the plea that the matter in issue has already been decided in a former
suit? What shall be the essential grounds for such a plea in defence? 1995

13. Can a matter relating to the execution of a decree be settled through a separate suit? Discuss in the
background of powers of executing Court. 1995

14. “Appeal is an extension of the original proceedings”. Discuss in the light of powers of the Appellate Court
under Code of Civil Procedure. 1995
15. Who is a “Pardanashin lady”? Can she claim exemption from appearance in Courts? Elaborate with reference
to law on the subject. 1995

16. “Civil Courts are Courts of ultimate jurisdiction”. Elaborate. 1997

17. What do you understand by the “territorial jurisdiction” of a Civil Court? Can a case be transferred from one
district to another? Explain. 1997,

18. Which property is exempted from attachment and sale in execution of a decree? 1997, 1998

19. In what circumstances can Court order restitution? Can a Court exercise its inherent powers to order
restriction? 1997, 2000

20. What do you understand by the term territorial jurisdiction of Court? What effect does it have on a Suit, if
the subject matter situates beyond the territorial limits of a Court? What are remedies? 1997, 1997

21. Enumerate the property liable to allotment and sale in execution of a decree. 1997, 1998

22. Describe the law for filling of suits by aliens. 1997

23. Define “Consent Decree”. Can appeal be filed against it? 1997, 1998, 2000

24. Discuss in detail the powers of executing Court under S. 47 of Civil Procedure Code. 1995, 1998

25. Can an objection to territorial jurisdiction be taken for the first time at the appellate or revisional stage? If so,
under what circumstances. 1999

26. What are the powers of the Court regarding deficiency in Court fee on the plaint? Discuss the proposition
with special reference to the law contained in the Civil Procedure Code. 1999

27. Under what circumstances the trial Court shall stay the proceedings in a pending suit? Give the details with
special reference to S. 10 of Civil Procedure Code. 1995, 1998, 1999

28. Give the details about the principles of “res-judicata”. How for is it helpful in dispensation of justice? 1997,
1998

29. How far a judgment, decree, or order is amended after being announced. Give the extent and circumstances.
1999

30. What are the effects of “cause of action” and permanent and temporary residence of defendants in
determining territorial jurisdiction of Courts? 2000

31. If a suit between A and B is pending in London, can another suit on the same cause be filed at Lahore by A.
2000

32. Under what circumstances the Court is required to exercise its inherent powers. 2000

33. What is the remedy against a judgement or order, obtained through fraud and misrepresentation? 2000

34. Define and distinguish between “territorial” and “pecuniary” jurisdiction of Courts. 2000

35. When does a “revision” lie? How does it differ from “appeal”? 2000

36. Do the Appellate Courts have the same powers/jurisdiction as are possessed by the original courts? 2000
37. Distinguish between “judgement” and “decree”. 2000

Part II – Questions:

1. How shall the Court proceed, if, a party to suit fails to produce evidence or cause attendance of his witnesses?
Give detailed reply. 1995, 1999, 2000

2. Can additional evidence be produced in an appeal? If so, under what circumstances? 1995, 1999

3. Discuss the law and principles for the grant of temporary injunction under Civil Procedure Code. 1995

4. Describe the manner in which a suit against minor can be instituted? Discuss in detail. 1995

5. What do you understand by substituted service and its effect? State under what circumstances, and the
manner in which it is effected? 1995

6. What are the three main factors to be considered by the Court before issuing a temporary injunction? Is there
any limit on the duration of such injunction? 1995

7. What are the grounds for setting aside:

(1) Ex parte proceedings. 1995 (3) If a suit is dismissed in default of

plaintiff’s appearance, can he
(2) Ex parte decree. 1995 bring a fresh suit on the same
cause of action? 1995

8. What is the procedure if a party desires to call a witness through orders of the Court? Discuss in detail with
reference to the provisions of Civil Procedure Code. 1996, 1997, 1998

9. Can the pleadings be amended at any stage of a proceeding? Discuss the rule giving its exceptions. 1996

10. How will the Court proceed where on a date of hearing, the defendant, after due service of summons, fails
to appear? 1996

11. What matters should a Court take into account before framing issues in a civil suit? 1996

12. What is an issue? What is its importance for a suit? Can a Court add, amend, or strike out an issue? 1997,
1997, 1998, 1999

13. When and under what law and to what extent, the defendant can correct the mistakes in his written
statement? 1997, 1998

14. What are the various modes for the execution of a decree as provided by the Civil Procedure Code? Explain
briefly. 1997

15. Explain the term “mis-joinder” and “non-joinder” of parties in a suit, and its implications, if any. 1997, 1998,
2000

16. Write a detailed note on Order XXI Civil Procedure Code along-with the subject it deals with. 1997, 1998

17. When a suit shall be rejected under Order 7, Rule 11 of Civil Procedure Code. 1998

18. Can a property be attached before judgement by the Court? Explain. 1998

19. What is the difference between Rejection of the Plaint and Return of the Plaint? 1998
20. What action the Court will take and under what law, if a suit property is in danger of being wasted, damaged,
or alienated by the opposite party? 1999

21. Write a detailed note on Order XVII, Rule 2, Civil Procedure Code. 2000

22. How a compromise can be effected on behalf of a minor in a suit. 2000

23. What is “cross-objection”? How and when can it be filed? 2000

24. What is the difference between “rejection of plaint” and “dismissal of suit”? What are its distinguishing
features. 1995, 2000

25. If “ex parte” decree is passed by the Court against A, what remedies are available to him. 2000

26. Write a detailed note on Order II, Rule 2 of Civil Procedure Code. 2000

Part III – Questions:

1. What is the duty of the Court when suit, appeal, or application is filed after the period of Limitation
prescribed for it? 1995

2. What is meant by legal disability? Discuss in detail giving reference of Law of Limitation. 1995

3. Where limitation has started to run, nothing can stop it. Discuss the rule with its exception. 1995, 2000

4. Can a delay in filing a suit be condoned? What constitutes a sufficient cause for the purpose of condoning
delay in the filing of an appeal or application? 1995

5. What do you understand by “legal disability”? How does it affect the limitation for instituting suit? 1996,
1998

6. “Limitation extinguishes remedy but not the right”. Explain with examples. 1996, 1998

7. Make a distinction between Limitation, Prescription, and Estoppel. 1997

8. How the Limitation Act, 1908 deals with a person who had been prosecuting his case diligently in a wrong
Court? 1997

9. State whether S. 5 of the Limitation Act extends the prescribed period for filling a suit. 1997

10. Describe the effects for fraud on the period limitation. 1997, 1998

11. Explain the essentials of an Acknowledgement under the Law of Limitation. 1998

12. When and how the Rights of Easement are acquired under the law of Limitation. 1998, 2000

13. Describe the law of disability in pre-emption suits. 1999

14. Discuss “sufficient cause” which compels the Court to condone the delay. 1999

15. Distinguish Ss. 5 and 14 of Limitation Act. 2000

Criminal Procedure Code and Medical Jurisprudence – Part I – Questions:

1. Define:

(1) Bail-able offence. 1995, 1996 (13) Judicial proceedings. 1995, 1997

(2) Cognizable offence. 1995, 1995 (14) Offence. 1995, 1997, 1997

(3) Investigation. 1995, 1995 (15) FIR. 1997

(4) Inquiry. 1995 (16) Police station. 1995

(5) Murder. 1995, 1996, 1998 (17) Complaint. 1995, 1996

(6) Theft. 1995, 1998 (18) Rape or kidnapping. 1995, 1996,

1998
(7) Public Prosecutor. 1996, 1997
(19) Assault. 1995, 1998
(8) Advocate General. 1997
(20) Officer-in-charge of a Police
(9) Pleader. 1997 Station. 1996

(10) Armed Forces. 1999 (21) Non-cognizable offence. 1997

(11) Person in Authority. 1999 (22) Powers of the Advocate General.

1999
(12) Report of the Police Officer. 1999

2. Discuss and illustrate the territorial and judicial powers of Magistrate u/s 30. 1995

3. Where the cases are to be registered in the following cases:

(1) Abduction. 1995 (3) Stolen property. 1995

(2) Murder. 1995 (4) Theft. 1995

4. Enumerate the cases where sentence awarded by courts requires confirmation in order to make it final and
the Court by whom the same is to be confirmed and powers of Appellate Court in such cases. 1995, 2000

5. To which Court the appeal would lie in the following cases: 1995

(1) Convict is awarded sentence of fine of rupees two hundred in Summary Trial.

(2) Magistrate awarded sentence of five years.

(3) In Qatl-i-Amd death sentence is awarded.

(4) Magistrate awards two years’ sentence.

6. What is bail before arrest? Under what circumstances it can be allowed? 1995, 1998

7. What are the powers of Government regarding suspension and remission of sentence of convicts? 1995, 1998,
2000

8. Whether there is any power of Review of Judgements available to Criminal Courts? Are there any exceptions
to general rule? 1995
9. Under what circumstances a Magistrate can demand security for good behavior? What is the object of such
provision? 1995

10. State powers of Magistrate or Police Officer in dispersing an unlawful Assembly. 1995

11. What preventive measure can a Magistrate take where a dispute concerning an immovable property is likely
to cause breach of peace? 1995

12. Can a person charged with one offence be convicted of another offence? If so, when? 1995, 1998

13. What is “Bail” and when and in what circumstances and subject to what conditions, if any, may it be granted?
1995, 1996, 2000

14. Explain the Law relating to statements made to a Police Officer during investigation. 1995, 1997

15. Which of the following offences are compound-able?

(1) Rape or kidnapping. 1995, 1996, (4) Murder. 1995, 1996, 1998
1996, 1998
(5) Assault. 1995, 1998
(2) Theft. 1995, 1998
(6) Defamation. 1996
(3) Criminal trespass. 1996

16. Describe briefly the procedure relating to the trial of summon case. 1995

17. How long can the Police Officer keep an offender in custody by his own power and with the order of a
Magistrate? 1996

18. Can prosecution against Magistrate or Police Officer be instituted in a Criminal Court in any circumstance
with reference to Chapter IX of the Code of Criminal Procedure? 1996

19. What procedure has been prescribed in Code of Criminal Procedure for trial of cases before Session Court?
1995, 1996

20. Discuss the powers of the High Court regarding illegal and improper detention of persons under Civil
Procedure Code and Criminal Procedure Code. 1995, 1996, 1997, 1999, 2000

21. Explain the term “Joinder of Charge”. Enumerate the provisions contained in Code of Criminal Procedure .
1996

22. How the statement of an accused person is conducted and recorded? What is the liability for refusing to
answer question put to him? 1996, 1999

23. Is it obligatory on the part of the accused to appear in the witness box during trial and give evidence on oath
in disproof of the charge? Discuss with reference to the law. 1996

24. What is the distinction between “discharge” and “acquittal”? 1997

25. What is a “compound-able offence”? What is the legal effect of a valid composition? What is the difference
between withdrawal of a case and composition of an offence? 1997, 1999

26. Who is an Approver? By whom and on what conditions pardon can be granted to an accused? Discuss in
detail with reference to law? 1995, 1997, 1998
27. Give the procedure followed by the Court of Session for the trial of a murder case. 1997, 1998, 1999

28. Explain the procedure to be adopted by the Appellate Court to take additional evidence in the case. 1997

29. Can Police arrest a person even if he has not committed any offence? 1997

30. On what grounds can an application be made to the High Court for transfer of a criminal case from a
subordinate Court? 1997, 2000

31. What do you understand by process? Under what circumstances property can be attached. 1997

32. When and what powers can be used by the Magistrate to control dispute over the possession of an
immovable property? Can the possession be restored back to person dispossessed? 1997, 1998

33. What do you understand by the statement of the accused? Can the accused appear as witness and make
statement on oath? Discuss with special reference to the provisos of law. 1997, 1998

34. What procedure is to be adopted to try a lunatic? Also discuss the place where he is to be kept during trial
with reference to law. 1997, 1998

35. What is bail? Can bail be claimed as a right even in non-bail-able offences before and after conviction, if so,
under what provisions of law? 1997, 1997, 1998, 2000

36. What orders and judgments are appeal-able? When appeal is directly filed in the High Court against
judgment of the Magistrate. 1997, 1998, 1999

37. What do you understand by a person? What legal steps are put in force for the liberation of a person
improperly and illegally detained. 1997, 1998

38. What is the value of an affidavit? Who are the competent persons and courts before whom affidavits can be
sworn? 1997, 1998

39. What are irregularities and illegalities? Discuss in detail with reference to law, all those which vitiate
proceedings and which do not vitiate proceedings. 1995, 1997, 1997, 1998, 1998, 1998, 1999, 2000

40. Discuss in detail with reference to law any such power of the High Court if any by means of which relief can
be granted although there is no procedural provision in the Code of Criminal Procedure. 1997

41. Discuss the powers of trial and Appellate Courts for disposal of property regarding which offence was
committed. 1995, 1998

42. Is there any power of review of judgments available to criminal courts? 1998

43. Describe various classes of criminal courts with reference to trial, power and maximum sentence, which they
can award. 1995, 1998

44. Discuss in detail with reference to law power of the High Court by means of which relief can be granted
although there is not provision in Criminal Procedure Code. 1998

45. How is the legal procedure to be adopted for the surrender of an absconder (escape, run away)? Can his
property be attached? If so, when? 1999, 1999

46. What procedure is laid down in law in recording confession of an accused person? Explain with some
concrete examples. 1996, 1999
47. What is difference between complaint and charge? Whether the complaint can be withdrawal from the Court
or not. 2000

48. State circumstances under which the police officer may arrest a person without obtaining a warrant from the
Court? 2000

49. State circumstances under which Court may issue search warrant. What legal requirements are essential to
satisfy for making the recoveries credible? 2000

50. What is importance of First Information Report in law? State its essential requirements. 2000

51. What are necessary elements of charge? How it is framed. Whether separate charge should be framed for
every distinct offence? 2000

52. State manner in which Magistrate is required to record statements of witnesses and the accused person
elaborately. 2000

53. It is said no one should be convicted twice. Discuss and illustrate with reference to law. 1995, 2000

54. Discuss in detail powers of Appellate Court in disposing of appeal. 2000

55. What is the importance of Chemical Examiner, or Serologist in law? Whether it is considered foolproof
testimony. Discuss. 2000

56. How will you distinguish between inquiry, investigation, and trial? Please explain. 2000

57. What conditions are precedent for proclamation? What penalties in law can be imposed upon absconder?
2000

58. What is procedure laid down in law for the prosecution for offences against the State? Whether sanction for
prosecution is essential, if so, give detail. 2000

59. Discuss in detail the procedure laid down in law to file an appeal from an order of Acquittal. 1996, 2000

Part II – Questions:

1. What are objectives of postmortem examinations? Which type of death necessitates it? Discuss in detail. 1998,
1998, 2000, 2000

2. Write a detailed note on significance of medico-legal report (MLR) and its application to the administration
of criminal justice. 1998

3. Explain in detail sections of Pakistan Penal Code, which are related to wound and hurt of human body. 1998,
1998

4. Write short notes on following: 1999

(1) Dying Declaration.

(2) Dying Deposition (attestation).

(3) Professional Secrecy and Crime.

5. Describe in detail the examination of Bones in medico-legal practice. 1999

6. State various types of injuries and their value in assessing the guilt of the accused. 2000

7. Discuss the method of fingerprints. 2000

8. What is postmortem examination? Draw an outline of postmortem report. 1998

Law of Evidence and Legal Ethics – Part I – Questions:

1. Can the following be competent witness: 1995

(1) Lunatic.

(2) A dumb person.

(3) A person convicted by Court for false evidence.

2. What is meant by hearsay evidence? What are the reasons for not admitting the same? What are its
exceptions? 1995, 1997, 1998, 1999, 2000

3. Explain “Public document” and “Private document”. How a “Public document” can be proved. 1995, 1997,
2000

4. What are the facts, which though relevant need not be proved? 1995, 2000

5. What qualifications are necessary for a witness for proving relationship of one person to another? 1995, 2000

6. Can evidence of bad character of accused be given in criminal cause? How far character of party is relevant
in civil case? 1995, 2000

7. Explain “Admission”. In what circumstances admission can be made proved by person himself who made
it or someone on his behalf? 1995, 1999, 2000

8. How can apparent conflict between illustration (b) of Article 129 and Article 16 of Qanun-e-Shahadat Order
be resolved? 1995, 2000

9. What do you know about the term “Evidence” when used in the context of law? Explain in what way do the
rules of evidence assist in the Administration of justice? 1995

10. Can the evidence of an accomplice alone is sufficient for conviction of the accused? Discuss in the light of the
relevant case law. 1995, 1997

11. Discuss in detail the safeguards enumerated in the Qanun-e-Shahadat Order of 1984 regarding confession
admissible for the purpose of evidence. 1995, 1998, 2000

12. When confession made by an accused person before a police officer can be proved against him at the trial?
Quote relevant law and decided cases giving illustrations. 1995, 2000

13. What is the nature of retracted confession against: 1995

(1) The maker of the confession.

(2) Other accused.

14. What is “Character”? How for evidence of character is relevant with reference to parties in Civil Litigation?
Discuss with case law? 1995

15. Explain the term “Judicial Notice”. State facts about which Court can take “Judicial Notice”? 1995, 1998, 1999

16. What is “Leading Question”? Who can ask such a question? Can a party ask leading questions to its own
witness? If so, when? Discuss with case law. 1995, 1997, 1999

17. Under what circumstances Court can interfere with the cross-examination of a witness? Explain. 1995

18. Explain and illustrate various methods of proving handwriting of a person. 1995, 1995, 2000

19. Write a note on the following:

(1) Alibi. 1995 (10) Judicial notice. 1995

(2) Presumption of law. 1995 (11) Privileged communications. 1996,

1997, 1998
(3) Ancient documents. 1996, 1997,
1997 (12) Production of documents. 1996

(4) Leading questions. 1995, 1996, (13) Presumption of facts. 1997

1998
(14) Fact in issue. 1997
(5) Proper custody. 1997
(15) Shahadat-alal-Shahadat. 1998
(6) Circumstantial evidence. 1997,
1998 (16) Privileges of a counsel. 1998

(7) Private documents. 1998 (17) Re-examination. 2000

(8) Res Gestae. 1998 (18) Examination-in-chief. 2000

(9) Estoppel. 2000

20. Who is competent witness in law and who is not? Does the Qanun-e-Shahadat Order of 1984 prescribe a
uniform number of witnesses in all cases? Discus with reference to certain examples. How can the evidence
of a witness be taken, who cannot speak and is dumb? 1995, 1996, 1997, 1997, 1999

21. How would you determine that the act performed is accidental or intentional? Discuss with certain case law.
1996

22. What do you understand by the judicial and extra judicial confession? Discuss their admissibility and
evidentiary value keeping in view some leading decided cases. 1996

23. Write a detailed and comprehensive note on retracted confession giving at least three illustrations. 1996

24. What is evidentiary value of dying declaration? Can a conviction be based on it? Discuss in detail. 1996, 1997,
1998, 2000

25. What is estoppel? On what principles of law it is based and what are its essential elements? 1996

26. “The improper admission or rejection of evidence shall not be a ground by itself for a new trial? Comment
on this rule. 1996
27. What is “Burden of Proof”? On whom it lies in civil and criminal litigation? Explain with reference to case
law. 1996, 1997, 1998, 1999

28. What is the scope and protection to a witness from answering incriminating questions? Discuss. 1996

29. How may a witness refresh his memory? What are the rights of opposite party when a witness is allowed to
do so? Discuss. 1996, 1999, 2000

30. What is admission? To what extent is it distinct from estoppel? Give illustrations. 1997, 1998

31. How would you differentiate between admission and confession? Discuss keeping in view some decided
cases. 1997

32. A child was born to a married couple within 120 days of their valid marriage. Is the child legitimate? 1997

33. What are the checks imposed under the Qanun-e-Shahadat Order of 1984 on the un-fattered of cross-
examination? 1997

34. What are identification parades? Under what circumstances and provision of the Qanun-e-Shahadat Order
of 1984 are relevant and what is their evidentiary value? 1997, 1997, 1998, 2000

35. Does the burden of proof ever shifts to the accused? If so, in what way can the accused discharge his burden?
Discuss with case law. 1995, 1997, 1997

36. Explain how the credit of the witness can be impeached? 1997, 1197, 2000

37. Discuss and distinguish between “presumption of fact” and “presumption of law”. 1997, 1998

38. It is said that the burden of proof lies on the prosecution in the criminal cases? Discuss. Is there any exception
to the rule? 1997

39. Who is an expert? When are the opinions of third persons relevant? 1997

40. In what circumstances confession of an accused is admissible in criminal cases. 1997

41. A child is born to a widow within two years of death of her husband. Can the child be declared as legitimate?

42. A poor man is in possession of a valuable big bungalow situated in a locality in which rich people reside.
What is the presumption whether or not he is owner of said bungalow? 1998

43. To what uses the previous statement of a witness can be put? Discuss with relevant provisions. 1998

44. Explain with illustrations self-serving admission and their evidentiary value. 1998

45. Plaintiff files a suit for specific performance on the basis of an agreement to sell. Defendant denies execution
of this document. By what means plaintiff can prove contents and signatures on this document. 1998

46. Can an Advocate who was engaged for obtaining succession certificate be cross-examined as witness in
subsequent proceedings to disclose contents of WILLS? 1998

47. Discuss various modes of proving a custom. 1998

48. Explain standard of “proved” in civil cases and criminal cases. 1998
49. Under which principle of law “Plea of Alibi” is relevant and may be proved by an accused to prove his
innocence? 1998, 2000

50. All relevant facts are not admissible but all admissible facts are relevant. 1998

51. When facts not otherwise relevant become relevant? Explain with illustrations. 1999, 2000

52. When may secondary evidence relating to a document be given? 1999

53. What do you understand by a privileged communication under law of evidence? 1999

54. Give exceptions to the rule of oral evidence being excluded by documentary evidence. Give examples. 1996,
1998, 2000

55. What are the circumstances in which judgments of courts of justice are considered relevant in evidence? 2000

Part II – Questions:

1. What do you understand by professional misconduct of an Advocate Justifying cancellation of his licence or
practice? 1999

2. What are the rights and duties of an Advocate with regard to his client? 1999

3. What are general rules of professional ethics, which govern the legal profession? Discuses in detail. 2000,
2000

4. What is professional conduct of a lawyer? What would be the consequences if a lawyer is guilty of
professional misconduct? 2000

5. What are the rights and duties of an Advocate with regard to the Court? Discuss in detail. 2000

Conveyancing, Pleadings, and Interpretation of Statutes – Part I – Questions:

1. Aamer is the tenant of a residential house belonging to Fizza in the Defence Area of Lahore Cantonment.
Fizza wants to eject her tenant on the grounds of default in paying the rent and personal need. Draft an
ejectment petition for Fizza. 1995, 1996, 2000

2. Faryal booked with the Pakistan Railways a German car valuing Rs. 1,500,000/- (fifteen lakhs)
from Karachi to Lahore. This was lost in transit due to the negligence of Pakistan Railways. Faryal wants to
file a suit for damages. Draft a plaint for her. 1995

3. Rana Nazir instituted a complaint against Haji Anwar for house trespass and for intentional damage to the
property. Haji Anwar was acquitted by the Trial Court. Draft a plaint on behalf of Haji Anwar for payment
of Rs. 100,000/- as damages for malicious prosecution. 1995

4. Moazzam has divorced his wife Momna. Momna wants to file a suit for the recovery of Dower Money of Rs.
50,000/-. Draft a plaint for Momna. 1995, 1999

5. In above case write a written statement for Moazzam. 1995, 1999

6. What are the basic objects of Pleadings? 1995, 1996, 1997

7. Draft a plaint in a suit for Redemption of Mortgaged Land. 1995, 2000

8. Aslam has completely neglected his wife, Saima and has failed to provide her maintenance allowance. Draft
a plaint on behalf of Saima in a suit for recovery of maintenance allowance against Aslam. 1995

9. Khalida has deserted (left alone, abandoned) her husband, Ahmad, and is not willing to rejoin him. Ahmad
wants to institute a suit for the restitution of conjugal rights. Draft a plaint for her. 1995, 1997

10. Draft a written statement on behalf of Ahmad to the plaint in the above suit. 1995

11. Draft a plaint in a suit for declaration on behalf of Rashid challenging the notice of Lahore Corporation to
demolish his house, and injunction by way of consequential relief restraining Lahore Corporation
permanently from demolishing his house. 1995

12. Draft a written statement on behalf of Lahore Metropolitan Corporation to the plaint in the above suit. 1995

13. Lahore Metropolitan Corporation has constructed a Filth Depot in front of the house of Raja Arshad, which
is proving permanent nuisance to him. He wants the Lahore Corporation to remove the filth depot. Draft a
plaint for Raja Arshad in a suit for Mandatory injunction against the Lahore Corporation praying for a
direction for the removal of filth depot. 1996

14. Rehan and Safia were married in accordance with Muslim rites. A sum of Rs. 30,000/- was fixed as prompt
dower, which remained un-paid. Subsequently Rehan divorced Safia. Draft a plaint on behalf of Safia in a
suit for recovery of the Dower Money. 1996, 2000

15. Draft a written statement on behalf of Rehan to the above plaint. 1996, 2000

16. Qurban Ali, a landlord wants to throw Rashid, his tenant out of a rented shop through force. Draft a plaint
on behalf of Rashid, the tenant against Qurban Ali, landlord in a suit for perpetual injunction restraining
him from evicting the tenant otherwise than in due course of law. 1997

17. Imam Ali borrowed a sum of Rs. 50,000/- from Bashir and executed pronote in his favour. Later Imam Ali
failed to repay the loan when demanded by Bashir. Draft a plaint on behalf of Bashir against Imam Ali for
recovery of Rs. 50,000/-. 1997

18. Draft a written statement on behalf of Imam Ali to the above plaint. 1997

19. Draft a plaint in a suit for possession through partition of property. 1997

20. Write a written statement to the above suit. 1997

21. Ahmad has thrown Naghmana, his wife out of his doors and has completely neglected her without any just
excuse. He has even refused to pay her maintenance allowance. Naghmana wants to institute a suit for the
recovery of maintenance allowance against Ahmad. Draft a plait for her. 1997

22. Draft a written statement on behalf of Ahmad, the husband to the above plaint. 1997

23. Bashir, a landlord has threatened to evict Arshad, his tenant through force from a residential house without
adverting to legal course. Arshad wants to bring a suit for permanent injunction against Bashir. Draft a plaint
for Arshad. 1997

24. Draft a plaint on behalf of the plaintiff in a suit for dissolution of partnership and rendition of accounts. 1997

25. Draft a written statement on behalf of the defendant to the above plaint. 1997
26. Imran and Kamran have mutually agreed to dissolve their partnership and settle all incidental maters. Draft
deed of dissolution of partnership for them. 1996, 1998, 2000

27. Enumerate and explain the component parts of an “indenture”. 1995, 1998, 2000

28. Hassan wants to gift his Bungalow at Lahore to Mohsan, his son out of paternal love and affection. Draft a
Gift Deed for them. 1998, 1999

29. Draft a special power of attorney for a Court case. 1998

30. Imran owns a house in Sialkot while Rizwan owns landed property in Gujranwala District. Both properties
are of equal value. Draft a Deed of Exchange between them. 1998

31. Asad is desirous of selling his house and Akbar wants to purchase it. Before actual sale they want to enter
into an agreement of sale. Akbar has paid a sum of Rs. 100,000/- as earnest money to Asad out of settled sale
price of Rs. 500,000/-. Draft an agreement to sell the house for them. 1998

32. Draft a general power of attorney. 1998

33. Draft a deed of Waqf Alal-Aulad. 1996, 1997, 1998

34. Draft a “Deed of Simple Mortgage”. 1999

35. Khurshid and Nazir are real brothers. They want to partition mutually the immovable property left by their
late father. Draft a “Partition Deed” for them. 1995, 1996, 1999

36. Write notes on any THREE of the following: 1999

(1) Parties.

(2) Parcels.

(3) Habendum.

(4) Conveyancing.

37. Imran has sold his house to Yusaf for a sum of Rs. 800,000/-. Draft a sale deed for them. 2000

38. Nazir made “WILL” of his estate on 6th of March 1998 and appointed Naseer, his uncle to be executor thereof.
Naseer died subsequently on 10th November 1999. Nazir wants to substitute Akram, his elder brother as
executor of said “WILL” in place of Naseer, deceased. Draft a Deed of “CODICIL” for Nazir appointing
Akram to be executor of his said “WILL” in place of the said Naseer, deceased. 2000

39. Draft a “Special Power-of-Attorney” for a Court case. 2000

40. Yunus Malik and Hammad have agreed to carry on the business relating to the export of carpets in
partnership and to share the profits. Draft a deed of partnership for them. 2000

41. Draft a “Deed of Muslim Will” 1995, 1996, 1997, 2000

42. Faisal has purchased from Ilyas a residential house situated at Mayo Road, Lahore that is occupied by
Mohsan as a tenant under Ilyas. Draft a notice on behalf of Faisal, new Landlord/owner addressing Mohsan,
informing him about the sale of the house under tenancy in favour of Faisal and further asking him to execute
the rent note in favour of Faisal and to pay him monthly rent. 2000
Part II – Questions:

1. Define and differentiate a Promissory Note and a Bill of Exchange. Draft a Promissory Note for Rs. 1,000/-
payable on demand and Bill of Exchange for Rs. 5,000/- payable two months after sight. 1995

2. Brothers, Hassan and Osama have agreed to refer their dispute about ancestral property to the sole
arbitration of Mubashar Hussain. Draft Arbitration Agreement. 1995

3. Nabil owns a plot of land adjoining the house of Nadeem. Nabil has agreed to the transfer of right of way
over his plot to Nadeem. Draft a deed of grant of right of way. 1995

4. Mubashar is co-owner of undivided immovable property. He has agreed to sell his share to Moazzam. Write
sale deed between Mubashar and Moazzam. 1995

5. Draft a deed for cancellation of a general power of attorney secured by fraud. 1995

6. Allied Bank Limited has given overdraft facilities to Riaz Malik, a Rice Trader in Gujranwala. The overdraft
is to be secured by pledging movables. Write a memorandum of pledge. 1995

7. Iftikhar has sold his house to Javed for a sum of Rs. 600,000/-. Draft a sale deed. 1995

8. Rizwan wants to sell his house at Faisalabad. To affect the sale, he appoints Usman as his Special Attorney.
Draft a Special Power of Attorney in favour of Usman. 1995

9. Draft deed of equitable mortgage or mortgage by deposit of title deed. 1995, 1997

10. Mahmood owns a house in Faisalabad while Ali owns landed property Sahiwan District. Both the properties
are of equal value. Draft a deed of exchange between them. 1996

11. Imran has rented out a residential house in Samanabad, Lahore, to Javed for 11 months at monthly rent of
Rs. 5,000/-. Draft the necessary “Rent Note” for them. 1996

12. Write notes on any TWO of the following:

(1) Conveyancing. 1997 (5) Recitals. 1997, 1997

(2) Parcels. 1997 (6) Habendum. 1997

(3) Testatum. 1997 (7) Consideration. 1997

(4) Receipt. 1997 (8) Operative words. 1997

13. Faisal and Ilyas want to run the business of hardware in partnership. Draft a deed of partnership for them.
1997

14. Hassan wants to appoint Babar as his General Attorney to conduct several cases on his behalf. Draft General
Power of Attorney on his behalf in favour of Babar. 1997

15. Saleem wants to gift his bungalow situated at Lahore to Hassan, his son out of Paternal love and affection.
Draft a “Gift Deed”. 1997

16. Draft an agreement to let a house. 1997

17. Rahat is desirous of selling his house. Iftikhar has agreed to purchase it. Before actual sale they want to enter
into agreement of sale. Iftikhar has paid a sum of Rs. 200,000/- as earnest money out of sale price to Rahat.
Draft “An agreement to sell the house” for them. 1997

18. Asif and Yunus Malik have agreed to carry on the business relating to the export of carpets in partnership
and to share the profits. Draft a “Deed of Partnership” for them. 1997

19. Draft a “Special Power of Attorney” for a Court case. 1997

20. Draft a plaint in a suit for the recovery of money lent on the basis of demand Promissory Note. 1998

21. Draft a written statement on behalf of the defendant in the above suit. 1998

22. State the general rules of pleadings. 1997, 2000

23. Arshad has turned out Safia, his wife from his house and has completely neglected her without any just
excuse. He is not paying her any maintenance allowance. Draft a plaint on behalf of Safia in a suit for the
recovery. 1998

24. Draft a written statement on behalf of the defendant in the above suit. 1998

25. Draft a plaint in a suit for possession through specific performance of the agreement of sale of house. 1998,
2000

26. Draft a plaint in a suit for permanent injunction. 1998

27. Sarah has been deprived of the joint and undivided estate left by her late father at the time of his death.
Akbar, her brother is in possession of the entire estate. Draft a plaint for Sarah in a suit for possession through
partitioning of her separate share in the joint and undivided property. 1999

28. Iqbal has threatened to evict his tenant, Rashid from a residential house through force without adverting to
legal course. Rashid wants to institute a suit for permanent injunction against Iqbal. Draft a pliant for Rashid.
1999

29. Draft a plaint in a suit for the dissolution of marriage on behalf of Azra against Ahmad, her husband on the
grounds of non-maintenance and Khula. 2000

30. Draft a written statement on behalf of Ahmad, the husband who is defendant in the above suit. 2000

Part III – Questions:

1. What are the powers of Court to give effect to manifest and undoubted intention of the legislature where a
plain construction would lead to absurd results? 1998

2. What is the effect of a change in substantive law during the pendency of an action. 1998, 2000

3. Power to appoint included power to remove. 1998, 1999, 2000

4. What are the powers of Court to do justice or redress a wrong is there be no express provision in a statute to
meet requirement of a case? 1998, 2000

5. State some of the cardinal rules of interpretation of statutes. 1999

6. How can an ambiguity in a statute be resolved? 2000

Constitutional Law III – Part I – Questions:

1. What do an “aggrieved persons” under the writ jurisdiction mean? 1995

2. Is there any remedy in the nature of “Habeas Corpus” available under writ jurisdiction? If so, to what effect?
1995

3. Write short notes on any of the two writs given below and bring out the difference between the two:

(1) Mandamus. 1995 (7) Prohibition. 1995

(2) Quo Warranto. 1995 (8) Habeas Corpus. 1995

(3) Alternate remedy. 1995, 1997 (9) Aggrieved person. 1995, 1997,
1998, 2000
(4) Jurisdiction. 1995
(10) Writ of prohibition. 1997
(5) Laches. 1997
(11) Principles of “Audi Alteram
(6) Locus Standi. 1998, 2000 Partem”. 1998

4. Is the remedy by way of writ petition in the High Court available to an employee aggrieved by the orders of
an autonomous body or a corporation? 1996

5. Briefly explain the jurisdiction and powers of the High Court under Article 199 of the constitution
of Pakistan 1973. 1997

6. What is Administrative Law? Explain the reasons for the growth of this branch of law. 1998, 2002

7. What do you understand by the principles of “Rule of Law”? Explain in detail. 1998, 1999

8. What is Administrative Law? How it is different from Constitutional Law? 1998, 1999, 2002

9. Explain the Rule that nobody can be condemned being unheard. 1998, 2002

10. What is meant by judicial review of administrative actions? Please describe the object and scope of judicial
review. 1998, 1998, 2000

11. What do you understand by the concept of “Separation of Powers”? Please explain. 1998, 2000, 2002

12. “The main object of Administrative Law is the operation and control of administrative authorities”. Please
comment. 1999

13. What are the factors responsible for the growth of delegated legislation? 2000

14. What do you understand by the law of natural justice? If an authority exercising powers under a statute does
not follow this law what consequence will ensue. 2000, 2002

15. Describe the various types of writs, which can be issued by the High Court under the 1973 constitution for
control of administrative action. 2000

16. What is an administrative law? What factors are responsible for the development and evolution of
administrative law? 2000
17. No one should be a judge in his own case. Please comment. 2000, 2002

Part II – Questions:

1. Can the Service of a Civil Servant terminated without notice? If it is so, in what circumstances? 1998

2. There are allegations of corruption and misconduct against a Civil Servant. What is the procedure to be
observed by the authorized officer for getting an enquiry conducted against him? 1998

3. What is the law regarding promotion of Civil Servant? Can an out of turn promotion be given to him? If so,
in what circumstances? 1998

4. Explain the law regarding appeal by a civil servant against the order of the authority imposing a major
penalty on him. 1998

5. Please define the word “Misconduct” as given in the Punjab Civil Service (Efficiency and Discipline) Rules
1975. What are the various Penalties provided in the said Rules, which could be imposed on a Civil Servant,
proved guilty of Misconduct? 1998, 2000, 2002

6. Define and explain the following: 1998

(1) Major Penalty. 1998

(2) Probation. 1998

(3) Ad hoc appointment. 1998

7. Promotion in service is not a legal right of a Civil Servant. Please comment. 1998

8. What is the procedure given in the Punjab Civil Service (Efficiency and Discipline) Rules 1975 for the
determination of an appeal filed by the aggrieved civil servant? 1998

9. What are the powers of Service Tribunal in respect of an appeal filed before it by a Civil Servant? What is
the period of limitation for filing an appeal before a Service Tribunal established under the Punjab Service
Tribunals Act, 1974. 1999

10. What are the requirements of an appeal to be filed by a Civil Servant before the Punjab Service Tribunal as
given under the Punjab Service Tribunals (Procedure) Rules, 1975. 1999

11. Can the Service Tribunal summon witnesses in the appeal filed by a Civil Servant? If so, what procedure
would be adopted by the Tribunal for summoning the witnesses for the recording of their evidence? Cite the
relevant Rules. 1999

12. Under what circumstances an appeal of a Civil Servant with regard to the terms and conditions of his service
is not competent before the Service Tribunal. 1999

13. Explain the composition and jurisdiction of Service Tribunal established under the Punjab Service Tribunal
Act, 1974. 2000

14. A Civil Servant is dismissed from service by the competent authority. He immediately files an appeal before
the concerned Service Tribunal. Is the appeal competent? 2000, 2000

15. Who is competent to file an appeal before the Service Tribunal established under the Service Tribunal Act,
1973? What procedure would he adopt in filing the said appeal. 2000, 2000
16. Discuss the evolution of Service Tribunals in Pakistan. What is the period of limitation for filing an appeal
before a Service Tribunal established under the Punjab Service Tribunal Act, 1974. 2000, 2000

17. Can the writ jurisdiction of the High Court be invoked in respect of the terms and conditions of service by
the civil servant? If so, in what circumstances? 2000

Part III – Questions:

1. What is the procedure prescribed by the Punjab Service Tribunal Procedure Rules, 1975 for the hearing of an
appeal of the Civil Servant by the Punjab Services Tribunal? 1998

2. What is the period of limitation for filing of an appeal by a Civil Servant before the Punjab Service Tribunal?
Does the Limitation Act, 1908, apply to such an appeal. 1998, 1998

3. Please describe the composition of the Punjab Services Tribunal. How are the benches of the Tribunal
constituted? 1998

4. How is an appeal filed by a civil servant before the Punjab Services Tribunal? What are the contents of the
Memo of appeal? 1998, 2002

5. The Punjab Services Tribunal has exclusive jurisdiction to hear appeal of the civil servant regarding the terms
and conditions of his service against the final order of the departmental authority. Please comment. Is there
an exception to his law? 1998, 1998

6. Write short notes on:

(1) Show Cause Notice. 1999 (5) Probation. 1999

(2) Deputation. 1999 (6) Vested right. 2000

(3) Competent authority. 2000 (7) Aggrieved person. 2000

(4) Ad hoc appointment. 2000 (8) Authorized officer. 2000

(9) Misconduct. 2000

7. What are the principles relating to the promotion of a civil servant to the higher grade? Can out of turn
promotion be allowed to a civil servant? If so, under what circumstances? 1999

8. Explain the enquiry procedure against a civil servant on a charge of corruption as given in
the Punjab (Efficiently and Discipline) Rules, 1975. 1999

9. Differentiate between an “Authorized Officer” and an “Authority”? What is their role in the enquiry to be
conducted against a civil servant? 1999, 2000

10. Discuss the law regarding the seniority and promotion of a civil servant as given in Punjab Civil Servant Act,
1974. 2000

11. When is the service of Civil Servant terminated without notice? Explain. 2000, 2002

12. What do you understand by the term “Probation”? Discuss the principles about appointment of a civil
servant on probation. 2000

13. Is seniority of a civil servant under the Punjab Civil Servants Act, 1974 a vested right. If so, can a civil servant
claim promotion as a matter of legal right? 2000
Minor Acts (Stamp, Suit Valuation, Court Fee, Arbitration, and Urban Rent Restriction) – Part I – Questions:

1. What do you understand by the Term “Impounding” of instruments? How and when such an action can be
taken and by whom? 1995

2. What is the procedure for paying stamp duty on the following instrument: 1995

(1) In case several instruments are used in a single transaction.

(2) Instrument relating to distinct matter.

(3) Instruments coming within several descriptions.

3. Describe the essential ingredients of SS. 33 and 35 of the Stamp Act. 1995, 1998, 2000

4. Explain in your own words:

(1) Charge-able. 1995 (6) Instrument of partition. 1995

(2) Use of adhesive stamps. 1995 (7) Instruments reserving interest.

1995
(3) Bond. 1998
(8) Bill of Exchange payable on
(4) Power of attorney. 1998 demand. 1998

(5) Instrument. 1998

5. Discuss the aims and objects of Stamp act and describe the documents exempt from payment of stamp duty.
1996, 2000

6. Write a brief note on the offences and penalties under the Stamp Act with particular reference to the
procedure for commencement of the prosecution and the Court and place of trial. 1996, 2000

7. Practically every document is required to be stamped under S. 3 of the Act. Discuss with reference to the
exceptions. 1997, 1999

8. Write a Self-explanatory note on the principles laid down in Ss. 4, 5, and 6 of the Act. 1997, 1998, 2000

9. What is the principle stated in S. 33 of the Act? Discuss its object and usefulness. 1998, 1999

Part II – Questions:

1. Critically examine and analyze the objects and scope of the Suits Valuation Act. 1995, 1999

2. Write a detailed note on the scope and objectives of the Court Fees Act. Are any documents allowed
exemption from payment of Court Fee? 1995, 1998, 1999

3. What is the value for the purpose of Court Fee and Jurisdiction in the following cases:

(1) Suit for Mesne Profits. 1995, 2000

(2) Suit for rendition of accounts by a Partner of a registered firm. 1995

 (3) Suit for Specific Performance of contract for Sale of house valuing Rs. Ten Lakhs. 1995

(4) Suit for ejectment of tenant from agricultural land. 1995, 2000

(5) Suit for annuities payable periodically. 1997

(6) Suit for declaration and injunction. 1997

(7) Suit for declaration that the plaintiff is owner by virtue of hiba or gift. 1997

(8) Suit for specific performance of an award. 1997

(9) Suit for rendition of Accounts by a partner of registered firm. 2000

(10) Suit for specific performance of contract for sale of house valuing Rs. 10 Lac. 2000

4. Critically analyze the general impression that the provisions of the Court Fees Act and the Suit Valuation
Act are in para material with each other. 1995

5. Describe:

(1) The suits relating to land where the valuation need not be in excess of the value of the land itself.

(2) Enumerate the categories of the suit, which shall conga and contain one and the same valuation for the
purposes of Court Fee and jurisdiction both. 1995

6. Analyze the scope of S. 11 of the Suits Valuation Act in precise details. 1996

7. When can an objection with regard to the jurisdictional value of a suit be taken before the High Court and
with what result? 1996

8. Discuss and describe the Rule making authority for determining the value for the purpose of jurisdiction.
1996

9. When and how does a High Court determine the valuation in certain suits? Discuss in precise details. 1997

10. Describe the procedure for raising of an objection against the valuation of a suit or appeal before the Court
of Appeal. 1997

11. Explain:

(1) The principles contained in S. 17 of the Act. 1998, 2000

(2) Discuss the power for taking decision on the question of valuation and the scope of refund of Court
Fees paid in excess by the plaintiff or an appellant. 1997

12. Explain the concept of Court Fees Act at punitive rate. 1998, 2000

13. Describe the important rules relating to Law of Court Fees. 1998, 2000

14. Are the provisions of S. 7 of the Act computing value of Court fee comprehensive and cover all types of suits?
1999

15. State the stage for raising of an objection against the pecuniary jurisdiction of the Court and highlight the
exceptions, if any. 1997
16. When and how does a High Court determine the valuation in certain suits? Discuss in detail. 1998, 1998

17. What is the position of law with regard to taking objection to pecuniary jurisdiction of suit in the light of S.
11 of the Act? 1998, 2000

18. Write a note on Ss. 8 and 9 of the suits Valuation Act. 2000, 2000

19. Describe the procedure for raising an objection against the valuation of a suit or appeal before the Court of
appeal. 2000

20. Critically examine, analyze, and explain the precise details the salient features of S. 11 of the Act. 1997, 1998,
1999

Part III – Questions:

1. What constitutes the basis of Arbitration? Is the decision on an Arbitrator executable and how? When can
an award be set aside? 1995, 2000

2. Discuss the role of Umpire in Arbitration proceedings. Who can revoke authority and what is the effect of
such revocation? 1995

3. Discuss in detail arbitration with and without the intervention of the Court. 1995

4. Is an award announced by an Umpire is appeal-able? If so, on what grounds and with what results? 1995

5. Write a note on arbitration in a pending suit. 1996, 1998

6. There is an agreement between X and Y to refer their future difference and disputes to arbitration. On arising
of a dispute X has instituted a civil suit. Advise Y in the matter. 1996

7. Whether refusal of the Court to make an award as rule of the Court is appeal-able? If so, on what grounds?
1997, 1997

8. Describe the powers of the Court to remove an arbitrator, revoke his authority, remit, and modify an award.
1997, 2000

9. Compare SS. 33 and 35 of the Act and differentiate between both. 1997

10. Discuss:

(1) The position of an arbitrator and umpire in the arbitration proceedings. 1997

(2) The Court refuses to make the decision of an arbitrator or umpire rule of the Court on the ground that
he took longer time than two months prescribed by law and he never asked for extension from the
Court. Is the Court’s order valid? 1997

(3) Does an appeal lie from the aforesaid order of the Court. 1997

(4) What are the powers of an arbitrator? 1997

(5) When can the authority of an arbitrator be revoked? 1997

(6) How can an arbitrator be removed? 1997

11. In what matter can decision given by an arbitrator be called in question? 1998
12. What are the aims and objects of the Arbitration Act? Discuss. 1998

13. Write a detailed note on setting aside of an award on the ground that an Arbitrator has misconduct himself
of the proceedings. 1998

14. Discuss the finality of decision by an arbitrator. Are there any exceptions? 1999

15. What are the different ways for referring a matter to arbitrator? Discuss. 1999

16. Write a comprehensive note on the Arbitration proceedings and their finality. 2000

17. Discuss the various modes of Arbitration recognized in law. 2000

Part IV – Questions:

1. What considerations are taken by the Court to determine FAIR RENT of a residential building? 1995, 1998

2. State grounds on which proceedings for eviction of a Tenant can be filed before the Rent Controller? 1995,
2000

3. Describe:

(1) A non-residential building with particular reference to the period increases in the rate of rent. 1995

(2) What is the scope and importance of notice by the new owner to the sitting tenant? 1995, 1998, 2000

4. Enumerate the essentials of an appeal and describe the powers of the Appellate Authority for transfer of
ejectment applications under the Ordinance. 1995

5. Discuss the salient features of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) with special
importance for the tenants. 1996

6. Can the landlord deprive a tenant of the amenities? What remedy is open to a tenant in the event of such
action? 1996

7. How is lawful default constituted under the Ordinance? Is default, a good ground for eviction of a tenant?
1997, 1997

8. Describe the grounds of appeal against an order of the Rent Controller with particular reference to rejection
an ejectment application. 1997

9. Define “landlord”, “tenant”, and “rent” in the light of the maxim “once a tenant, always a tenant” and
elucidate (clarify, explain, interpret) the exceptions. 1997

10. Describe the rights of a tenant under the Urban Rent Restriction Ordinance, 1959. 1998, 1999

11. Write short notes on the following:

(1) Building. 1998, 2000 (4) Landlord. 1998

(2) Residential building. 1998 (5) Tenant. 1998, 2000

(3) Controller. 2000 (6) Non-residential building. 2000

12. “A” wants to evict his tenant for being nuisance to the other tenants in the building and for having not paid
rent for the last three months. What course must he adopt to succeed? 1999

13. State the law in the following:

(1) For fixation of fair rent. 2000

(2) For eviction of personal need. 2000

Labour and Taxation Laws – Part I – Questions:

1. What are the provisions for re-employment of “Retrenched Workmen” under Industrial & Commercial (S.
O.) Ordinance, 1969. 1998

2. Draft a “Charge Sheet” for “Misconduct” against a workman under Standing Orders Ordinance, 1968. 1998,
2000, 2000

3. Explain the judicial powers of Commissioner Workmen Compensation under Workmen Compensation Act,
1923. 1998, 1999

4. Define:

(1) Industrial injury. 1998, 2000 (9) Dependant. 1998, 2000

(2) Loss of Earning Capacity. 1998 (10) Commissioner’s Recovery Powers.

(3) Works Council and its functions.
1998, 2000
(4) Bargaining Union under
Industrial Relations Ordinance,
1969. 1998, 1999, 2000, 2000
1998
(11) Public Utility Service. 1998, 1999,
2000, 2000
(12) Fatal Accident and employer’s
liability. 1998, 1998

(5) Failure to register agreements for (13) Special power of Commissioner

payment of compensation. 1998 Workmen’s Compensation. 1998

(6) Works Council. 1999 (14) Industrial dispute. 2000

(7) Lockout. 1999, 2000 (15) Go-Slow. 2000

(8) Industrial Unit. 2000 (16) Illegal Strike. 1999, 2000

5. Explain the powers of Registrar under the Industrial Relations Ordinance, 1969. 1998, 2000

6. What are the functions and powers of a “Conciliator” under Industrial Relations Ordinance, 1969. 1998, 2000

7. Explain the powers and functions of Labour Courts under Industrial Relations Ordinance, 1969. 1998, 1999,
2000

8. Explain the mode of payment of “Gratuity” under Industrial & Commercial Employment (S. O.) Ordinance.
When is it not payable? 1998, 2000

9. Explain the provisions of Compulsory Group insurance under Industrial & Commercial Ordinance, 1968.
1998, 1999
10. Which is the Appellate Authority against the decision of the Commissioner Compensation. Quote relevant
law. 1998, 2000

11. Explain the duties of the Personnel Manager. 1999

12. What is unfair Labour Practice of employer and employee under Industrial Relations Ordinance, 1969? 1999,
2000, 2000

13. Draft a petition u/s 25 – A of Industrial Relations Ordinance, 1969 for redress of individual complaints of
worker? 2000

Part II – Questions:

1. Explain the following:

(1) Return of Total Income. 1998 (7) Dividend. 1998, 1998, 1999, 2000

(2) Firm. 1998, 2000, 2000 (8) Capital Gain. 1998, 2000

(3) Balance Sheet. 1998, 2000 (9) Domestic Company. 1998, 2000

(4) Agricultural Income. 1998, 2000, (10) Income. 1998, 2000

2000
(11) Total Assets. 1998, 1999
(5) Banking Company and Company.
1998, 1999, 2000 (12) Taxable Income. 1998, 1999

(6) Assessment Year. 1998, 1999, 2000 (13) Assessee. 1998, 1999, 2000

2. Discuss the powers of Appellate Assistant Commissioner under the Income Tax Ordinance, 1979. 1998, 2000

3. Define a “Company” and its liability for the purposes of Income Tax Law. 1998

4. Explain Capital Gains and Capital Assets for the purposes of Income Tax. 1998, 1999

5. What are the conditions for the grant of Registration to a “Firm” under the Income Tax Ordinance, 1979.
1998, 2000

6. What is the procedure and essentials to file appeal under Income Tax Ordinance, 1979. 1999

7. What are the allowances allowed under Income Tax Ordinance, 1979 regarding payment of Income Tax?
2000

8. Discuss the classes of Income Tax authorities under Income Tax Ordinance, 1979. 2000, 2000

Important Questions

Law of Evidence and Legal Ethics

1. Evidence may be given of facts in issue and relevant facts. Discuss and explain with reference to the
relevant provisions of law. (Article 18 to 29).
2. What is judicial confession and extra judicial confession? Discuss their admissibility and value. (Article
39 to 42).

(I) Confession to a fellow prisoner. (II) To Mr. Rizvi, an Advocate during hunting. (III) To an Imam who
happens to be a Police Officer?

3. How far evidence regarding character to an accused person is relevant in criminal and civil cases. (Article
66 to 69).

4. Similar facts are not admissible, merely on the ground of similarity, but they may be admissible to prove the
system in an act or the mental condition of a person. (Article 28).

5. Hearsay evidence is no evidence. Discuss and give exceptions to this rule, if any. Oral evidence in all
cases must be direct. Mention the exceptions. (Article 70 & 71 and 46 & 47).

6. State briefly what facts need not to be proved by the parties to legal proceedings. (Article 111 to 113).

7. All relevant facts are not admissible but all admissible facts are relevant. Discuss. (Article 18 to 29).

Relevant No admissible
1. In conspiracy cases, said or done. 1. Confession to a Police Officer. (Article
38).

2. Occasion, cause, effect. 2. Exclusion by estoppel. (Article 115 –

117).

3. Conduct. 3. Exclusion by documents of oral

evidence. (Article 102 to 103).

4. Previous acts in similarity. 4. Exclusion of privileged statements.

(Article 5 to 12).

5. Alibi (plausible excuse). 5.

6. Motive and Preparation. 6.

8. What are the privileged communications? Discuss with reference to the relevant provisions. (Article 5 to 12).

9. In what cases can a witness be asked and compelled to answer on incriminating question. Is the witness
protected from the result of such an answer? (Article 15).

10. Explain and discuss the scope and limit of examination and cross-examination. (Articles 133 to 143).

11. The Session Judge merely on the testimony of an approver convicts an accused person of an offence. Discuss
the legality. How do you reconcile illustration? (Article 16 & 129 and 129 – B).

12. What do you understand by the term impeaching the character of a witness? (Article 11 and 151). When can
the Court interfere? (Article 143 to 146).

13. What do you understand by a (i) Leading question (Article 136 A)? (ii) Can a party put leading question to
its own witness? (Article 150).

14. When can a Court order a new trial? (Article 162).

15. Explain briefly the following:

(1) Presumption of fact and law. (Article 90 to 101).

(2) Evidential value of dying declaration. (Article 46 I).

(3) Estoppel. (Article 114 to 116).

(4) Retracted confession and its value.

(5) Method of proving a document. Primary and secondary evidence. (Article 72 to 76).

(6) Latent and patent ambiguities. (Article 104 to 108).

(7) Ir-rebut-able presumptions. (Article 128). Res-gestae. (Article 19).

(8) Principles of Alibi. (Article 24 & 119).

(9) Admission without prejudice. (Article 36).

(10) Refreshing the memory (Article 155).

Admission (Order 12 of Code of Civil Procedure), Confession (Article 16) Accomplice, illustration (Article 129
B).
Exception to take judicial notice. Oral evidence. Documents of evidence.

Principles of Administrative Law

1. What are administrative laws, its importance, scope, and historical development?

2. What is difference between administrative and constitutional law? Discuss in detail.

3. What is relationship between administrative law and rule of law?

4. What is difference between administrative law and separation of power?

5. What is delegated legislation, its kinds and method of control?

6. What are administrative actions and its kinds?

7. What is discretionary power and how it is abused?

8. What are the principles of natural justice in administrative law?