Principles civil side

Important Legal term/Principles civil side 

Law-related person must remember.

1. - Every civil suit is filed in the lowest court of a district which is the court of senior civil judge.
2. - A summary suit under order 37 of CPC is filed in the court of district judge.
3. - Family suits are governed by Family Courts Act, 1964 in Pakistan.
4. - Another statute that governs family suits is West Pakistan Family Court Rules, 1965.
5. - In case of family suits, it is filed at the place where the female resides even if she resides temporarily.
6. - Visitation is a right for both the parents. It cannot be denied by courts unless any one of them is defaulted.
7. - Stay order can be permanent or temporary.
8. - Perpectual or permanent stay is granted under Specific Relief Act 1877.
9. - Temporary Injunction or stay is granted under order 39 rule 1 & 2 of CPC.
10. - Any application can be given anytime in a civil suit. Judge is bound to admit or dismiss it.
11. - Decree can be preliminary or final. It is always appealable.
12. - An order is generally revisionable unless it falls under the ambit of section 104 or order 43 of CPC.
13. - The time for filing first appeal in civil cases is 30 days.
14. - The time for filing second appeal in civil cases is 60 days.
15. - The time for filing civil revision is 90 days.
16. - Civil revision is filed under section 115 of CPC.
17. - The petitioner is bound to provide all the record of trial court in a civil revision.
18. - The first appeal can have question of law as well as question of fact.
19. - Second appeal is only filed on Question of Law.
20. - In normal civil cases first appeal is filed in the court of district judge.
21. - In normal civil cases second appeal is filed in High Court.
22. - Civil court has unlimited pecunary jurisdiction under west pakistan civil courts act 1962.
23. - In normal practice different local governments have set different limits for pecunary jurisdiction of civil courts.
24. - When a case is filed in high court for the first time it is heard by single bench.
25. - An appeal of a decision of single bench can be heard by double bench or full court in intra court appeal.
26. - For challenging decision of DB or Full Court a leave to appeal is filed in Supreme Court.
27. - When Supreme Court accepts leave to appeal then case is heard in Supreme Court.
28. - A case of public interest can be directly filed under Article 184(3) of Constitution of Pakistan.
29. - Normally appeals in Supreme Court are filed under article 185 of Constitution of Islamic Republic of Pakistan.
30. - Writs are of 5 types.
31. - Writs are usually filed under article 199 of constitution of Islamic Republic of Pakistan.
32. - Writ of Habeas Corpus is filed in Session court under section 491 of CRPC.
33. - Inherent Powers of Civil Courts can be invoked under section 151 of CPC.
34. - Courts have powers to appoint local commission under order 26 of CPC.
35. - In cases of contempt of court regarding temporary injunction local commission is appointed under order 39 rule 7 of CPC.
36. - Property can be attached and accused can be imprisoned for 6 months in contempt under order 39 of CPC.
37. - Review is done by the same court passing the judgment.
38. - Review petition is filed under order 47 rule 1 of CPC.
39. - Order 21 of CPC deals with the execution proceedings.
40. - Plaintiff has a time of 3 years to file execution.
41. - Limitation in civil suits is 3 years from the cause of action.
42. - Plaint is rejected under order 7 rule 11 of CPC.
43. - Plaint is returned under order 7 rule 10 of CPC.
44. - Section 10 of CPC deals with the principle of Res Sub Judice.
45. - Section 11 of CPC deals with the principle of Res Judicata.
46. - A plaint can be amended under order 6 rule 17 of CPC.
47. - A written statement can be amended under order 6 rule 17of CPC.
48. - Order 7 of CPC deals with the plaint.
49. - Order 8 of CPC deals with the Written Statement.
50. - In cases of appeals and revisions the respondents are not required to file replies.
51. - Time for filing written statement is 30 days.
52. - In case of Government Institutions time period for filing written statement is 90 days.
53. - When an organization has head office in one city and branch office in another city then suit can be filed anywhere.
54. - A civil suit is filed where cause of action takes place or where the defendant resides.
55. - A female child remains with mother till she reaches her puberty.
56. - A male child remains with mother till the age of 7 years.
57. - Father is liable to maintain his children no matter with whom they live.
58. - When a mother contracts second marriage, she loses her right of child custody.
59. - Khula can be taken on grounds mentioned in section 2 of Dissolution of Muslim Marriages Act 1939.
60. - When a woman has right of talaq-e-tafweez in column 18 then she can take talaq directly from Arbitration council.
61. - A husband can contract second marriage if arbitration council permits him.
62. - A husband is liable to pay full haq mehr to first wife before contracting second marriage.
63. - Wife is liable to return haq mehar in case of khula.
64. - If a wife is not in a position to return haq mehr, her khulla decree cannot be stopped.
65. - Khula decree becomes effective after six months of its passing.
66. - Khula is counted as single talaq in Pakistan.
67. - Suit for declaration is filed under section 42 of Specific Relief Act 1877.
68. - Declaration can be in rem or in personam.
69. - Nominee is not an Inheritor. He is liable to distribute the shares as per Islamic Law of Inheritance.
70. - Right of wife in the inheritance of deceased is 1/8 in case of children.
71. - Right of wife in inheritance is 1/4th in case there are no children.
72. - Right of mother and father is 1/6 each.
73. - Right of husband in the property of wife is 1/4th in case of children.
74. - Right of husband in the property of wife is 1/2 in case of no children.
75. - Single daughter inherits 1/2 property.
76. - 2 or more than 2 daughters inherit 2/3rd property.
77. - Son inherits full property.
78. - Mother and father are natural guardians of children.
79. - Banking court is equal to the district court.
80. - Murderer has no share in inheritance.
81. - Specific relief cannot be granted for the mere purpose of enforcing a penal law.