Introduction to litigation by "MA Khattak"

Introduction to litigation by "MA Khattak" To provide facilitative guideline to lawyers, students of law and fresh law graduates.

Keeping in view the earlier stages of practice, the practical skills and procedural knowledge they will need for their carriers.

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15/01/2025

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2018 CLC 947 ISLAMABAD Principle of laches or undue delay disentitles petitioner’s from discretionary relief under Artic...
27/11/2023

2018 CLC 947 ISLAMABAD
Principle of laches or undue delay disentitles petitioner’s from discretionary relief under Article 199 of the Constitution from High Court, particularly when there is no plausible explanation on petitioner’s part for his blame worthy conduct of approaching High Court with due delay.
Courts cannot come to rescue of persons who are not vigilant their rights.

2018 YLR 183 PESHAWAR
Only vigilant not the indolent can get relief from court of equity or law with regard to his right which had been violated or infringed.

FARD BADARFard Badar mean was meant for correction of clerical mistakes occurred while copying the entries from last reg...
22/11/2023

FARD BADAR
Fard Badar mean was meant for correction of clerical mistakes occurred while copying the entries from last register Haqdaran Zamin. 2018 YLR 1813 Lahore.

LATHA
Tracing cloth on which a map of the fields in a village is traced in black ink and number of fields and length of sides given in red ink. This is usually prepared at the time of settlement. 2007 YLR 647 Lahore

YLR 2016 Peshawar 1489i. Aks-Shajra. Aks-Shajra means image of a specific piece of land/specific khasra numbers from the...
20/11/2023

YLR 2016 Peshawar 1489
i. Aks-Shajra.
Aks-Shajra means image of a specific piece of land/specific khasra numbers from the map/plan of an estate or village defining its boundaries.

ii. Fard Malkiat
Fard Malkiat also known as (Record of Rights/ Jama Bandi/Misal Haquiat/ Register Haqdaran-e-Zameen) maintained for determination/record of various types of rights in the immovable property.

iii. Mutation (Intiqal)
Mutation is a document containing an order by a revenue officer who must be at least an Assistant Collector of grade III, whereby an entry in the record of rights is to be altered, changed or mutated in revenue record.

iv. Tattima Registry
Tattima means supplementary and Tattima Registry means supplementary sale deed in specified area.

v. Khasra
Khasra is a piece of land with specific measurements and a specific number.

vi. Khasra Garrdwari
Register Kharsa Gardwari is a register maintained for record of possession/cultivation.

vii. Survey
A drawing or map showing the precise legal boundaries of a property, the location of improvements, easements, rights of way, encroachments, and other physical features.

viii. Register Sale Deed (Registry /Baye-Nama)
Register Sale Deed (Registry/Baye-Nama) is a document, which creates a title in the immovable property.

ix. Shamilat Land
Shamilat land has been defined as a tract of huge land, collectively owned by the village owners over which they would have a right either to reclaim the land themselves or allow other also to do so.

x. Ala Malik
The original owners of the Shamilat land are called as Ala Malik. “the Ala malik has the right to bring further Shamilat waste land under cultivation by digging wells or adopting some other means”.

xi. Adna Malik
The owners who reclaim the land with their consent is called Ada Malik. “the adna Malik would has the right to expand the area of their ownership by recalling “shamilat land”. However an Adna Malik cannot allow stranger to bring the Shamilat land under cultivation”.

xii. Malik Qabza
A person who has reclaim land as Adna Malik as well as those who has been transfer rights only to a piece of land “without the right to Shamilat lands” are called Malik Qabza.

xiii. Khewat
A unit of land under agricultural independently owned is called a Holding “Khewat”.

xiv. Khewatdar
The owners of a land would be called the Khewatdar.

xv. Malkan Deh
The Khewatdar are collectively treated as owner of the village is called Malikan Deh. Who enjoy a number of rights regarding the village property.

xvi. Malkan Qabza
Malkan Qabza are those who owned only the land actually acquired by them and which is in their possession. They had no share in the Shamlat land of the village community or in the various.

xvii. Wajib ul Arz
Wajib ul Arz is a document where various customs and usages of the village are incorporated, contains the explanation to the way to proceed with. It also contains a grazing rights of headman and rights of Adna Malikan are also taken in Wajib ul Arz.
The Wajib ul Arz also contains the detail of village path “Shahra-e-Aam” graveyard, Bekh Mawaishian, watermill “Jandar” and procedure for “Burd, Baramad” rights on trees, “Guzarajat” and its use, way and mode of payment to person who are extending services to village in different categories and their appointment and removal.

15/11/2023
Doctrine of merger is applicable to the reversal and modification cases and also to all those cases in which the judgmen...
31/10/2023

Doctrine of merger is applicable to the reversal and modification cases and also to all those cases in which the judgment etc of a lower forum had been affirmed in appeal or revision by a higher forum(s) (subject to certain exceptions) PLD 2016 SC 358

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