Mohammad Akram sheikh law associates

09/07/2019

Stages of Civil Trial
Normally a civil suit has to travel through 17 main stages from institution of the suit till its judgment, they are as under:-

1)
Institution of Suit
Order 4, 6 and 7

2
Issue of Summons
Order 5

3
Filing of Written Statement
Order 8
30

4
Examination of Parties
Order 10
10

5
Settlement of Despute
Section 89

6
Discovery & Inspection
Order 11

7
Admission
Order 12

8
Production of Documents
Order 13

9
Framing of Issues
Order 14

10
List of Witness
Order 16

11
Summons to Witnesses
Order 16 R 1 (4)

12
Settling Date
Order 16

13
Evidence of Parties
Order 18 R 4
r/w Order 17
----

14
Exhibiting of Documents
Order 18 R 4 (1)
Proviso
07

15
Cross-exam by parties
Order 18 R 4 (2)
----

16
Arguments
Order 18 R 2 (3A)
----

17
Judgment
Order 20

09/07/2019

Kinds of Confession:

There are four kinds of Confession, are as follows:

1) Judicial confession

2) Extra-Judicial Confession

3) Retracted Confession

4) Confession by co-accused

1) Judicial confession:

A Judicial Confession is that which is made before Magistrate or in a court due course of judicial proceeding. Judicial Confession is relevant and is used as an evidence against the maker provided it is recorded in accordance with provisions of Section 164 of Cr.P.C.The magistrate who records a confession under Section 164, Criminal Procedure Code, must, therefore, warn the accused who is about to confess that he may or may not be taken as an approval. After warning the accused he must give time to think over the matter and then only record the confession. Such a confession is called judicial confession.

2) Extra-Judicial Confession

Extra-Judicial Confession is made not before a Magistrate or any Court in due course of judicial proceeding but is made either to police during the investigation or into police custody or made otherwise than to the police. Extra-Judicial confession is not relevant. (See Detail Note on Extra-Judicial Confession)

3) Retracted Confession

The Accused person who confessed earlier and later denied such confession does not destroy the evidentiary value of the confession as originally recorded. The Supreme Court has stated that a Retracted confession may form the basis of a conviction if it receives some general corroboration from other independent evidence. But if the court finds that the confession originally recorded was voluntary, it should be acted upon.

4) Confession by co-accused

Section 30.Consideration of proved confession affecting person making it and others jointly under trial for the same offense

When more persons than one are being tried jointly for the same offense, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.

Explanation: “Offence” as used in this Section, includes the abetment of, or attempt to commit, the offense.

Illustrations

(a) 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.

(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”. The statement may not be taken into consideration by the Court against A and B is not being jointly tried.

08/07/2019

*سِول اور فیملی لاء سے متعلق چند اہم نکات*

_*Some important tips regarding civil & family law*_.

_● Every civil suit is filed in the lowest court of a district which is the court of Senior Civil Judge._

_● A summary suit under order 37 of CPC is filed in the court of district judge._

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

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

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

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

_● Stay order can be permanent or temporary._

_● Perpetual or permanent stay is granted under Specific Relief Act 1877._

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

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

_● Decree can be preliminary or final. It is always appeal-able._

_● An order is generally revision-able unless it falls under the ambit of section 104 or order 43 of CPC._

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

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

_● The time for filing civil revision is 90 days._

_● Civil revision is filed under section 115 of CPC._

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

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

_● Second appeal is only filed on Question of Law._

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

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

_● Civil court has unlimited pecuniary jurisdiction under West Pakistan Civil Courts Act 1962._

_● In normal practice different local governments have set different limits for pecuniary jurisdiction of civil courts._

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

_● An appeal of a decision of single bench can be heard by division bench or full court in Intra Court Appeal._

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

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

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

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

_● Writs are of 5 types._

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

_● Writ of Habeas Corpus is filed in Session court under section 491 of CrPC._

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

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

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

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

_● Review is done by the same court passing the judgment._

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

_● Order 21 of CPC deals with the ex*****on proceedings._

_● Plaintiff has a time of 3 years to file ex*****on._

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

_● Plaint is rejected under order 7 rule 11 of CPC._

_● Plaint is returned under order 7 rule 10 of CPC._

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

_● Section 11 of CPC deals with the principle of Res Judicata._

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

_● A written statement can be amended under order 6 rule 17 of CPC._

_● Order 7 of CPC deals with the plaint._

_● Order 8 of CPC deals with the Written Statement._

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

_● Time for filing written statement is 30 days._

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

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

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

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

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

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

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

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

_● When a woman has right of Talaq-e-Tafweez in column 18 then she can take Talaq directly from Arbitration council._

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

_● A husband is liable to pay full Haq Mehr to first wife before contracting second marriage._

_● Wife is liable to return Haq Mehar in case of Khula._

_● If a wife is not in a position to return Haq Mehar, her Khula decree cannot be stopped._

_● Khula decree becomes effective after six months of its passing._

_● Khula is counted as single Talaq in Pakistan._

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

_● Declaration can be in rem or in personam._

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

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

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

_● Right of mother and father is 1/6 each._

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

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

_● Single daughter inherits 1/2 property._

_● 2 or more than 2 daughters inherit 2/3rd property._

_● Single son inherits full property._

_● Mother and father are natural guardians of children._

_● Banking court is equal to the district court._

_● Murderer has no share in inheritance._

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

01/12/2018