Legal Principles of Law

Common_principles_of_Law

Legal_principles_of_Law

No one should be punished twice for the same offense. Doctrine of Double jeopardy.

- The buyer should be vigilant at the time of purchasing. Doctrine of Caviet Emptor.

- Equity favors the vigilant not the indolent.
- The plaintiff should come with the clean hands.

- No one can be judge in his own case.
- There is no right without a remedy. Ubi Jus Ibili Remedium

- Justice Delayed is Justice Denied.
- Justice Rushed is Justice Crushed.

- No one can claim inheritance when the succession is not open. Doctrine of Spec Succession.

#_Legal_Principles
- Every civil suit is filed in the lowest court of a district which is the court of senior civil judge.

- A 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 defaulter.

- Post Arrest Bail is filed under section 497 of CRPC.
- Pre Arrest Bail is filed under section 498 of CRPC.
- Post Arrest Bail is filed in the court of Illaqa Magistrate.
- Pre Arrest Bail is filed in the court of Session Judge.

- In bailable offenses bail is the right of accused.
- In non-bailable offenses bail is on the discretion of judge.
- The punishment in section 489-F is three years.
- There are 5 ingredients in theft which should be there for conviction.

- Benami transaction is legal but it should have 4 ingredients.
- Stay order can be permanent or temporary.
- Perpectual 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. Judge is bound to admit or dismiss it.

- Decree can be preliminary or final. It is always appealable.
- An order is generally revisionable unless it falls under the ambit of section 104 or order 43 of CPC.

- A magistrate can acquit the accused at any time of the trial under section 249-A of CRPC.
- A session judge can acquit the accused at any time under section 265-K of CRPC.
- A High Court Judge can acquit the accused under section 561-A of CRPC.
- Schedule at the end of CRPC book is always helpful in determining the nature of offenses.
- Offenses are compoundable/non-compoundable, bailable/non-bailable and cognizable/non-cognizable.

- An #_exception to bail is section 169 of CRPC in which the investigation officer has powers to grant bail.
- When an accused is in Police Remand then he/she cannot be released on bail.
- For post arrest bail the accused should be in Judicial Remand.

- Accused can be discharged by Magistrate at any stage of trial.

- 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 pecunary jurisdiction under west pakistan civil courts act 1962.
- In normal practice different local governments have set different limits for pecunary 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 double bench or full court.
- 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 execution proceedings.
- Plaintiff has a time of 6 years to file execution.
- 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 8 rule 10 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.
- Police is bound to produce the accused in court within 24 hours of his arrest.
- Police can not search a place without search warrants.
- 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 mehr, her khulla 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.
- A dismissed employee can only claim damages in case of private employer. (Justice Iftikhar's Judgement)
- 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.
- 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.