To obtain a Licensed duplicate, one particular need to complete a prescribed type accessible at the knowledge Desk from the Supreme Court. After affixing the requisite courtroom price (note that court costs are usually not billed for services matters arising out of judgments of Tribunals), the applicant can attain a Qualified duplicate.
2002 CLD 527: It absolutely was held that the territorial jurisdiction of the courtroom can only be resolved depending on the case created out through the plaintiff instead of the defense build from the defendant.
The idea of res judicata, as proven in Area eleven on the Code of Civil Course of action, 1908 (CPC), performs a crucial function in hire and ejectment proceedings. This doctrine aims to circumvent exactly the same matter from currently being re-litigated in subsequent proceedings, thus making sure the finality of judicial choices and conserving judicial resources.
The principle of judicial sale under the Civil Technique Code requires the sale of residence by a courtroom via a public auction as Component of executing a decree. The sanctity of these sales is vital for retaining public self confidence during the judicial course of action.
Principle: Each transferee of a decree is matter to the identical set of equities which the judgment-debtor could have enforced in opposition to the original decree-holder.
Validity of Judgment (PLJ 1998 Lahore 401): A legitimate judgment should incorporate causes or grounds for the choice. The reasoning is essential for the judgment to become challenged or upheld in increased boards.
Key Provision: This part empowers the Large Court docket or maybe the District Court to transfer or withdraw any fit, charm, or continuing at any stage. The court docket may well retry the transferred suit or continue from in which it was still left off.
Area fifteen – Court docket by which fits to generally be instituted: This portion mandates that every fit really should be submitted inside the court docket of the lowest grade qualified to test it.
Software in Tenancy Disputes (PLJ 1993 Karachi 218): The principle of res judicata will not be applicable in specific tenancy disputes underneath different ordinances, Specially wherever conditions have improved significantly as time passes.
No, guidance from an in-household lawyer, regardless of whether They can be nearby or international, isn't privileged beneath Pakistani law. This really is due to the restriction on whole-time salaried workforce from working towards as advocates, which means communications with in-residence lawyers will not be coated by privilege.
What are the standards with the High Court to issue a commission for witness Bonuses evaluation in these instances?
The section features a number of explanations clarifying terms like ‘former accommodate’, competence on the court docket, matters alleged and denied, and matters That may and must are already built ground of defense or attack.
Fit for Partition and Software for Placing Apart Decree (PLJ 1998 Lahore 649): In partition satisfies, an application for placing aside a decree on grounds like a preceding gift to your petitioner must be supported by credible evidence, such as reward deeds.
Symbolic vs. Bodily Possession (PLJ 2003 Lahore 1143): Mother nature of Possession in Decree: In conditions the place the decree is for your share in joint property and never a specific home, the decree-holder is entitled to symbolic possession as an alternative to physical possession.
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