Interim custody if given under sec 12 of Guardian and Ward Act appeal lies before District Court u/s

14-B .

Interim maintenance: if given u/s 17-A then constitutional petition lies in H C.

Order 9 R-13 : Setting aside Ex-parte decree limitation 30 days …Art.164.

Q. whether court can appoint Receiver in Rent Matters?

 If tenant is not under possession he will not e deemed as a tenant.

 No, because CPC is not applicable in rent matters ( sec. 20 SRPO).

Q. if tenant illegally dispossessed without due course of law? Remedy.

Ans. UBI JUS IBI REMEDIUM ( there is not wrong without remedy.

He may file suit for possession u/s 9 of specific relief act. Limitation 6 months from dispossession.

Q. if registrar put any wrong entry? Remedy. Suit for cancellation u/s 39 of Sp: [Link].

Q. Right of Property? A right is specific property such as the right acquired by owner himself.

Q. Right of Office? Is a right of a person , where business held, the powers given to him by virtue of his
designation against paid or honorary.

Q. whether issues can be framed or amend by the Appellate court?

Ans. Yes Appellate court has power may amend or frame the issues and may refer the matter for trial
under order 41 R-25 R/w sec 107 cpc. Where the lower court omitted to frame the issues, which are just
essential to the right decision .

Q. whether evidence or additional evidence may be recorded by Appellate Court?

Ans. Yes , under order 41 R-27 R/w sec 107 of cpc. Additional evidence may be taken by appellate court,
when lower court refused to record the evidence.

Sec 173 crpc: Administrative order , i.e No appeal or revision lies, may be assailed under sec 561-A crpc
before High Court.

=Rule Nise

Pre-emption

Necessary and proper party

Q. under what provision Appellate Court remands the case?

Ans. Under order 41 R-23 r/w sec 107, Appellate Court may remand the case.
Appeal: means the removal of cause from inferior to superior Court for the purpose of testing the
soundness of decision(sec 96) ……Appeal is the substantive right.

Review: Court has power to review its own orders…Sec 114….. Grounds …….

1) where appeal has been allowed and not preferred. 2) where appeal not allowed. 3) by a decisions or
reference of small cause court. 4) on discovery of some new facts.

Sec 99 CPC: No decree to be reversed or modified for error or irregularity…. It is barred u/s 99 but under
section 152 court has power to correct the judgment, decree or order if clerical or arithmetical mistakes
therein.

Sec. 152 CPC: Court has power to correct the judgment , decree or order if clerical or arithmetical
mistakes therein.

Conveyance: (sec. 10 of stamp act, 1899): on sale, every instrument by which property, whether
movable or immovable transfers, and if it creates, operates or extinguishes any right , interest required
registration.

Actionable Claim: Sec 3 and 130 of Transfer of Property Act: defines A claim for which an action will lie ,
furnishing a legal ground for action. E.g claims towards debt.

Un-paid seller: Sec 45 of Sales Goods Act, 1930. The person who has sold the goods to another and has
not been paid by the whole of the price…. Or when bill of exchange has been given to him and if it
dishonors……Remedy……( a lein on the goods) for the price while he is in possession….he may with hold
the possession.

Mubarat: A mubarat is like Khulla….. is a kind of dissolution of marriage by way of agreement.

Khulla: Kind of divorce at the instance of wife in which she gives consideration to the husband for her
release .. such as right of dower.

Divorce: the act, whereby the contract of marriage dissolved…..Modes…. 1) by the husband at his will
without intervention of Court…..2) by Mutual consent of Husband and wife without intervention of
Court ( Mubaraat)….3) by Judicial decree.

Letter of administration: Sec 278 of Succession Act , defines it as a document/order issued by court,
empowered the person named in it, to administer the estate of deceased ( such as family or other
relative).

 Petition for letter of Administration is to be filed before District Judge.

 No Written statement can be filed/ only objections
 Limitation 1 year
 Court grants Letter of Administration only in respect of immovable property.
Succession Certificate : Sec 378 of succession Act. When the person who owns the property dies, two
question arises… 1, who is entitled to the property, 2. How person can establish his right. Both the
question be dealt by law of succession. Succession Certificate may be get only in respect movable
property.

Succession:

Doctrine of lispendense Sec. 52 of [Link]: No property can be transferred which is involved in any
litigation. during the pendency of suit if the right to property is under question , no third party will be
created. ( note: notice is necessary by way of publication).

Mortgage: sec 58(a) of [Link] defines it as

Mortgage is a transfer of an interest in specific immovable property for the purpose of securing the
payment of money, advanced or to be advanced by way of loan, an existing or future debt or for the
performance of an engagement which may give rise to the pecuniary liability.

Simple Mortgage: sec 58(c): is a transaction without delivery of possession of mortgaged property
where the mortgager undertakes that if he fails to pay the money , mortgager has every right to sale the
mortgaged property.

Usufructuary Mortgage: 58(d) of [Link]. is the mortgage, where the mortgager delivers the possession
of property to the mortgagee and authorize him to retain possession till the return of mortgaged
money.

English Mortgage 58(e) : is a mortgage where the mortgager transfers property absolutely to the
mortgagee subject to re-transfer on payment of mortgaged money.

Resjudicata: ( means matter has been already heard and finally decided by competent court) sec 11 of
CPC : under the doctrine of Resjudicata courts have been precluded from reagitating the same issue
which is directly and substantially have been decided by the concerned Court in a former suit, in respect
of same cause of action between the same parties and on same subject-matter.

Res-subjudice: means stay of subsequent suit: sec 10 of CPC : if on any issue or on any subject-matter, t
suit is already pending b/w in the same parties, under section 10 , subsequent suit shall be stayed.

Bonafide: Good faith or an honest act.

Bailable and non-bailable offence:sec 4(b) CrPC: are those offences which are shown in 2nd schedule of
[Link]……… in a nature bailable offences or not so serious compare to non-bailable offences……………
Release of person on bail in bailable offence is a right. (Sec 496 CrPC).
Plea of Alibi : A plea by an accused that he was somewhere else when the alleged offence was
committed (Sec 24 of QSO).

Identification Parade: It is always held to establish the identity of culprit and to ascertain the veracity
of eye witness. (Sec 22 of QSO).

Res-Geste: It is a principle about circumstantial evidence though it is not directly concerned with facts
but may be relevant after corroboration. (Sec 19 of QSO).

Consequential Relief: flows from main relief or further relief which the plaintiff is bound to claim by
virtue of his title….. such as injunction…. For Example: where the plaintiff is out of possession, he should
pray for declaration as well as possession.

Execution of Foreign Judgment: Execution may be made in a District Court….. If the country has
reciprocal contract with Pakistan …e g. UK. ( Sec 44 of CPC).

Circumstantial evidence: evidence of facts not established directly but facts from which reasonable
inference may be drawn about a facts directly in issue , is subject to corroboration.

Hearsay evidence: evidence of person who heard some facts from other source. General rule as per
article 71 hearsay evidence is not admissible in evidence……exception….Art. 46. Statement of relevant
facts made by dead person….Art. 64.. evidence of relevant facts by person who has special means of
knowledge…..such as evidence of family members.

Relief: remedy obtainable from court of justice.

Injunction: is a judicial order by which party is required to de certain act or is prohibited and restrained
from doing some other act.

Preventive relief: sec 6 of [Link] : preventing a party from doing that which he is under an obligation
not to do. ( sec 52 to 57 are preventive relief).

Sec 8 [Link]: Recovery of specific immovable property: 1) person entitled to the possession 2) u/s 8
suit for possession.. be filed on the basis of title in respect of an immovable property.

Suit by person dispossessed of immovable: sec 9 [Link]: if any person dispossessed illegally or
without due course of law…. May file suit for possession under section 9 of specific relief act, 1877.---
special principle under this section is that .. no title is necessary…. No appeal or revision lies if decree
passed under this section.

Limitation: 6 months… Art. 3 ….

Sec. 52 [Link] : preventive relief is granted at the discretion of court by way of injunction , temporary
or perpetual.
Perpetual injunction Sec 54 [Link]: may be granted to breach of an obligation existing in favour of
applicant. Such obligation may arises from contract. When the defendant invades or threatens to invade
the right of plaintiff. Plaintiff ought to show that there is a right of breach of obligation existing in his
favour.

Pre-requisites: 1. Applicant must establish has legal right. 2. Threat to such right.

Mandatory injunction: sec 55 of [Link]. when to prevent the breach of an obligation it is necessary to
compel the performance of certain act, which the court is capable of enforcing, the court may in its
discretion grant an injunction to prevent the breach of complaint of and also to compel to compel the
performance of requisites acts. …… an order of an injunction is ad-interim. …Court grants.. where there
is an imminent great danger to life or property.

Specific performance: an order of court directing a party to contract, who has committed a breach of
contract, to perform the contract as agreed.(sec 12 [Link])

Suit for Specific performance of contract: sec 12 of [Link] cases in which specific performance
enforceable:

The specific performance of any contract may be enforced with the discretion of court and under the
circumstance defined under sec 12 of [Link]. a) when the act agreed to be done is in the performance.
b) when there exist no standard for ascertaining the actual damage. C) when the compensation for its
non-performance would not afford adequate relief. D) when it is probable that pecuniary compensation
can not be get for the non-performance.

Limitation: 3 years… Art..113.

Rectification: the correction of contract or any instrument in writing…. If the contract does not express
the real intention of parties.

Suit for rectification of instrument: Sec 31 [Link]. When instrument may be rectified ( correct, put
right).

if any instrument does not express the real/true intention of parties--- When there is fraud or mutual
mistake of parties---- they may get the instrument rectified by filing suit in concerned Court.

Limitation: 3 year….Art.95….commences when fraud becomes known to the party.

Rescission: the setting aside of a contract ….if contract is voidable at the instance of either party.

Suit for Rescission of contract( withdraw from contract): section 35 of [Link] …. When the contract in
writing is voidable or terminable …---aggrieved party may sue to have it resigned. e.g Sale Agreement,
Lease… if lesee makes default…

Limitation: 3 years… Art. 114.

Suit for cancellation of instrument: section 39 of [Link], 1877.

1) If any instrument is void or voidable 2) there is reasonable apprehension of injury if such

document left outstanding 3) person may sue to have it adjudged void or voidable.

Limitation: 3 years…. Art 91.

Suit for declaration: sec 42 of [Link]. Declaration of status or rights.

1) Any person entitled to any legal character or to right as to any property 2) and his such legal
character or right as to property being denied by any person….3) such person may sue for
declaration and Court may with its discretion may declare he is so entitled.

Limitation: 6 years… Art. 120.

Pre-emption: Right of preemption also called right of Shuffa, which the owner of an immovable property
possess to acquire by purchase an other immovable property.

Kinds of Talabs:

1) Talab-i-Mowasbit: jumping demand or immediate, it is to be made immediately after

information of sale( be made in presence of buyer).
2) Talab-i-ishad: demand by invocation, be made in presence of at least two witnesses.
3) Talab-i-Tamlik: demanding possession by filing suit.

Classes of person can claim pre-emption right:

1) Shafi-i-sharik: Co-sharer in the property

2) Shafi-i-Khalit: A participator in immunities and appendages , such as right of way or discharge of
water.
3) Shafi-i-Jar: owner of adjoining immovable property.

Difference between 13-D and 13-E of Arm ordinance Act.

13-D : physical possession;

13-E: Constructive possession… Such as recovery of Pistol on pointation.

The offence of Qazf(E.H.O. 1979)

Sec. 3 Qazf: intentionally imputes the allegation of Zina against married man or woman with intent to
harm the reputation . eg imputes the allegation of zina against deceased person.

Sec. 7: punishment of Qazf liable to Hadd….. is 80 stripes.

Sec 11. Punishment of Qazf liable to Tazir……. 2 years, with whipping not exceeding 40 stripes.

 Person convicted for offence of Qazf…. Appeal lies in Federal Shariat Court.(FSC).

Will: sec 2(h) Succession Act, 1925. Is a legal declaration of the intention of a testator with respect his
property, which he desires to be carried into effect after his death.

 A muslim cannot disposed of his property more than 1/3 of the estate( sec. 118 of
Mohammadan law).
 Will may be revoked or altered by the maker at any time while he is still capable of giving it.( sec
62 of succession act, 1925).

Gift: sec 122 of [Link] and 138 of [Link] defines the gift as: Transfer of certain existing movable or
immovable property , made voluntarily and without consideration by one person called the donor, to
another called the donee………Such acceptance must be made in life time of doner and while he is still
capable of giving it…… if donee dies before the acceptance gift becomes void.

Three Ingredients or essentials of gift sec 149 of Mohammadan law: 1) a declaration of gift by the
donor. 2) acceptance by or on behalf of the donee 3) possession/ delivery of property.

Sec 123 of [Link]. Transfer how effected: instrument of gift of immovable property be effected by
registration , signed by the doner; and attested by at least two witnesses…….Gift made under
Muhammadan law is exempted from registration sec 129 of [Link]…….. Gift of movable property be
effected by registration or by delivery of property.

 Gift to minor by father, no transfer or possession is required (sec 155 of Mohammadan Law).
 Gift to minor or to lunatic ( sec 156 of Mohammadan law).

Section 61 of [Link].

Sharers: son, daughter, father, mother, sisters

Descendant: blood relationship eg.. full sister( sagi behan) utrine sister ( nigi behan)

Residuries: paternal relation, uncle, aunt;

Distant Kindrand: maternal relation.

Sec. 21 of General Clauses Act. Court may recall, vary, or amend its own orders.

Wakf: transfer of property with declaration, for some religious, charitable or pious purpose in the
name of Almighty Allah as recognized by Sharia.

Evidence: what the court permits the witness to testify and to state some relevant facts or facts is issue
by way of oral or documentary evidence.

Terrorism: sec 6 of Anti-terrorism Act, 1997: Any offence which creates sense of fear or insecurity in
society. …. Such as murder, grievous damage to the property, kidnapping for ransom , burning of
vehicles, firing on processions, rallies etc…

Punishment for act of terrorism: sec 7 of Anti-terrorism Act, death, life imprisonment.

Cognizance: means authority to take notice of certain offence.

Retrospective: a statue is retrospective, if it operates on facts which came into effect before it was
enacted.

Judgment ( criminal): means judicial verdict deciding a case finally, given on the basis of evidence
whereby accused is either convicted or acquitted…… .. Judgment should contain the points for
determination, discussion thereon and reason for such decision………it should specify the offence and
section of law under which accused is charged.

Section 366: mode of delivering judgment … sec 367 Language and contents of Judgment

1) It shall be pronounced in open court 2) by the presiding officer of the court immediately after
termination of trial or at subsequent stage 3) Notice of which shall be given to parties or their
pleaders 4) Judgment should be in the language of Court or in other language which accused or
his pleader understands 5) it be signed and dated by presiding officer.

Judgment (civil) sec 2(9) CPC. Final judicial determination /decision of Court upon suit which
determines the rights and liabilities of parties under controversy. Judgment must contain the concise
statement of the case, the points of determination like issues, decision of Court with regard to each
issue and the reason for the such decision.

Approver: sec 337 [Link] statement of accomplice/co-accused associated in crime; exculpatory]

statement cannot be used against another co-accused.
Sec 406: Appeal to Sessions Court: if Magistrate ordered any person for security for keeping the peace
and good behavior u/s 118…… appeal lies to Sessions Court.

Sec 408: Appeal from a sentence of Assistant Sessions Judge or Judicial Magistrate: …… lies in Sessions
Court…….. Exception.. 1) when Assistant Sessions Judge passes sentence of imprisonment for a term
exceeds 4 years, Appeal lies in High Court. 2) when person convicted by Magistrate u/s 124-A PPC…
Appeal lies in High Court.

410: Appeal from sentence of Sessions : if any person convicted on a trial held by Sessions or Additional
Sessions Judge ….. Appeal lies in High Court.

Extra-Judicial Evidence: very week type of evidence not admissible in evidence.

Medical evidence: is subject to corroboration with other evidence, it neither establish identity of
assailant nor his involvement …… it may only prove weapon used, number and nature of injuries, cause
of death.

Corroborative evidence: it means to check the veracity of ocular evidence or other evidence.

Defense version: when a defense plea is raised by accused burden of prove lies upon such person e.g
plea of alibi (Art 24 of QSO)

Sudden provocation: is a psychological matter, loss of self control, the deprivation of power of self
control.

Exception of murder: Sec 302 PPC 1) self defence …..apprehension of abduction of sister… fear of
subject to Sodomy or Zina.

Sec 497: Bail may be taken in non-bailable offences: => if accused arrested or detained in non-bailable
offence, may be released on bail…=> but he shall not be released if there are reasonable grounds that
accused is guilty of offence punishable with death or imprisonment for life or imprisonment for 10
years( prohibitory clause)…….Exception to… if accused is under the age of 16 years or any sick or infirm
person …. woman if accused of such offence shall be release on bail as if the offence is bailable.

Grounds of bail in non-bailable offence:

 Prohibitory clause 497(1)

 Further inquiry 497(2)
 Statutory grounds 497(3)
 Rule of hardship, rule of consistency, delay in FIR, Enmity,
 Exception (cases which does not fall in prohibitory clause).

Statutory Ground of bail u/s 497(3). Delay in trial

  If the accused is guilty of offence not punishable with death and trial could not be conducted
and accused continuously detained in jail … and if same delay is not caused/occasioned y any act
of accused…. in case of male accused 1 year …..and in case of female accused 6 months.
 If the accused is guilty of offence punishable with death….. trial could not be conducted and
accused continuously remained in jail…. In case of male ( for a period of 2 years) in case of
woman..( for a period of 1 year).

Protective Bail: is a bail granted to accused in order to enable him to appear/approach before the
concerned Court.

Pre-arrest Bail u/s 498 CrPC. High Court of Sessions Court has power to grant pre-arrest bail in
exceptional cases.

Grounds: 1) apprehension of imminent arrest being unjustified. 2) Accused shall physically surrender
himself before Court. 3) arrest being made with ulterior motive, with malafide intention such as
humiliation and harassment. 4) for causing irreparable injury to the reputation and liberty.

 If accused acquitted u/s 249-A or 265-K……. remedy … Acquittal appeal u/s 417(2-A)
 If application u/s 249-A and 265-K dismissed (judicial order) …..Remedy ….Revision u/s 439-
 u/s 561-A High Court by exercising its inherent jurisdiction may quash the proceedings/FIR.

Sec. 247 CrPC: Non appearance of complainant will result the dismissal of complaint…… Remedy….
Revision lies.

439 CrPC: High Court power of revision. 439-A: Sessions power of revision

439(4)(a): Finding of acquittal can not be converted into conviction under revisional power of High
Court.

Sec 422. Notice of Appeal to the appellant and pleader.

Sec.427: arrest of accused in appeal from acquittal.

Sec 428: Appellate Court may take further evidence or to be taken.

 No appellate court but revisional Court may enhance the sentence.

Summary Suit: Suit on written statement , bill of exchange for the recovery of amount payable by the
defendant.

Promissory Note: (sec 4 of Negotiable Instrument 1881)

An instrument in writing containing an unconditional undertaking , signed by the maker to pay on

demand or at the fixed at determinable future time a certain sum of money only to the order of certain
person or to the bearer of instrument.
Bill of Exchange: (sec 5 of Negotiable Instrument 1881): an instrument in writing containing an
unconditional order, signed by the maker directing a person to pay on demand or at fixed or
determinable future time , a certain sum of money only to the order of certain person or to the vearer
of instrument. Eg …cheque.

Cheque: (sec 6 of Negotiable Instrument 1881): A cheque is the negotiable instrument whereby
account holder orders the banker, directs him to pay the specified amount out of his account.

Negotiable instrument: (sec 13 of Negotiable Instrument 1881): a negotiable instrument means ,

promissory note, bill of exchange or cheque payable to a particular person.

Replication: A pleadings filed in reply to what the defendant has stated.

Ultra vires: beyond authority

Trial: the hearing of case by judge ordinary it is held in open court.

Trespass: entering the property of another unlawfully.

Condition and Warranty: sec.12 Sales and Goods Act. => Stipulation in a contract of sale…

Condition: is a stipulation in a contract of sale, the breach of which give right to the person to claim for
damage but has no right to reject the contract.

Relevant fact: A fact is said to be relevant if it is connected with another.

Provocation: something which makes a person loses his control.

Next fried: a person who adopt judicial proceeding in court on behalf of minor or of unsound mind.

Ad –litem: During legal proceeding guardian may be appointed for minor to represent his interest in a
suit. (Guardian ad litem)

Motive: something which prompts or instigates a person to dome something.

Exception of Murder: 1) Right of self-defence 2) committed by public servant in good faith.

Mens Rea: Guilty mind/ an evil intention … essential ingredients in crime.

Actus Rea: Guilty Act…..court will see whether it is criminal act or not, whether it is accountable in law.

Burden of Proof: means obligation to prove a fact lies on the person who desires the court to give
judgment in his favour based on such facs.

Cause of Action: facts necessary for the plaintiff to establish his case.
Fact: anything , state of things, from which some sense can be perceived.

Circumstantial evidence: evidence of facts not perceived/ established directly but from other facts and
surroundings, can be affirmed subject to corroboration.

CIF Contract: A contract under which the seller is required to bear the cost of the goods
consigned(deliver, transfer, send), cost of carriage and insurance of goods.

Covet emptor: let the buyer beware: sec 41 of Sales and goods act, 1930: A maxim of law on the sale,
that goods be open to inspection.

Charity: A trust created for a purpose such as advancement of education, health, religion or any other
purpose beneficial for community.

Rejoinder : A pleading filed in reply to what the defendant has stated.

Receiver: An officer appointed by court, to take charge and to look after any property in dispute in a suit
pending before it. Sec 44 of Specific Relief Act is about the appointment of receiver in pending suit
purpose of which is to provide safety to the property.

 Court appoints receiver when there is a prima facie case and applicant has title to the suit
property and property is in danger of being wasted and it is just convenient to appoint a
receiver.
 The procedure of appointing receiver and his powers, duties, liabilities shall be governed by CPC
( order 41 Rrule 1-3).

Limitation:

 Appeal in Death sentence u/s 410 CrPC before HC 7 days…. Art 150
 Appeal against conviction other than sentence of death 30 days….. Art 154
 Period for filing application u/s 89 [Link] ………. 2 years…..
if attachment of property of person absconding is made u/s 88

 Suit for specific performance of contract (u/s 12 of [Link]) …..3 year…. Article 113
 Suit for cancellation (u/s 39 of [Link]) 3 year……Article 91
 Suit for Declaration (u/s 42 of [Link]) 6 years…Article 120
 Suit for Rectification (u/s 31 of [Link]) 3 years….. Article 95
 Suit for Rescission of contract( u/s 35 of [Link]) 3 years ….Art. 114
 Summary Suit u/o XXXVII, Rule-1-2 3 years …..Art 72
 Suit for Redemption of Mortgage 6 years
 Suit for Rendition of Account 3 years…..Art 106
 Suit for foreclosure
 Applications…..

 Restoration of Ex-parte Appeal (appln u/o [Link] 19) 30 Days……Art 168

 Application for setting aside ex-parte decree (ord 9.R-13) 30 days …,,,Art 164.
 Revision u/s 115 CPC.. 90 days…..Art 162-A
 Application u/s 12(2) 3 years……Art 181.
 Application u/o 9 R-13 : Setting aside Ex-parte decree 30 days …Art.164.
 If suit dismissed u/o 7 R-11…..Appeal lies 30 days
 If application of 7 R-11 dismissed….. Revision lies 90 days
 If application u/s 151 dismissed…. Revision lies 90 days


Order [Link] 17 (1): Dismissal of appeal in default of non-appearance of appellant.

Order [Link] 17(2): Appeal shall be heard ex-parte if respondent does not appear.

Order 41 Rule 19: Restoration of ex-parte appeal.

Order 7 Rule 10: if plaint returns ……Appealable u/o 43 R-1.

Order 7 Rule 11: if Application dismissed………Revision lies …..90 days

Order 7 Rule 11: if suit dismissed ……… Appeal lies u/s 96……..30 Days

Order 9 Rule 13: application for setting aside ex-parte decree (ord 9.R-6) limitation ….30 days …Art 164.

If application u/o 9 rule 13 dismissed …..order …Appealable u/o 43 R1.

Order 13 R,1-2: if application allowed…aggrieved person may prefer revision.

Order 16 R-1: if application dismissed……..Revision u/s 115 within 90 days.

Order 17 R-3: => if the case is fixed for evidence and plaintiff fails, Court may pass decree …which is
appealable. => if the Court close the right of evidence ( then revision lies) .

=> if the case dismissed in non-prosecution ….Appeal u/s 96

Sec 151: if Application u/s 151 dismissed……..Revision lies …90 days.

Sec 115: Revision: …..limitation …..90 days (Art.162-A)

Sec 38 of CPC: A decree may be executed either by the Court which passed it, or by the court to whom
it is send for execution.
Sec 39 CPC: Decree may be transferred to another court for execution.

Sec.46 CPC Precept: is a rule/ step towards execution process, whereby one Court issues letter to
another Court to attach the property of belonging to Judgment Debtor.

Sec 52. Decree may be executed against the legal representative to the extent of property left by
deceased.

Sec 55. J.D may be arrested in execution of decree ….. order may be made for his detention to suffer
simple imprisonment for a period not exceeding 1 year.

Sec 58. Release from detention : 1) J.D may be released after the expiry of detention period….. 2) if the
decree has been fully satisfied….. 3) or on the application of D.H.

Sec 60. Property liable to attachment and sale in execution of decree: Every salable property movable
or immovable belonging to J.D may be attached and sale in execution of decree.

Sec 122. High Court may make rules after previous publication.

Sec 145. Decree may be executed against surety:

Court Witness: a witness called by the Court to testify, usually have got expertise in the subject-matter.

Rent: is a consideration payable by the tenant to the owner for what he occupies or possess.

Sec.33 CrPC. Magistrate may award sentence/imprisonment in default of payment of fine is as

authorized by law which shall not be exceed one fourth of the period of imprisonment which such
magistrate is competent to inflict.

Good faith: is defined u/s 52 of PPC 1860, assented by section 3(20) of General Clause Act 1879.
Nothing is said to be done or believed to be done which is done without due care and attention; Where
it is done honestly, means an act done honestly and with due care and attention is excused under the
law.

Facts in issue: A fact may be proved either by evidence or from law; once a fact is admitted need not to
be proved by virtue of Artile 113 of QSO, 1984.

Facts proved: a fact is said to be proved when after considering the matter before it, the court either
believe it to exist or consider its existence so probable that a prudent man ought (Art 2(4)).

Cheating: whoever intentionally and dishonestly by making any false statement cause any person to
believe the thing to be true, which is in fact not true by deceitful means and thereby induce such person
to deliver any property to him or to any other knowingly that such act will cause harm, injury to the
property or mind of person (sec 415 PPC)
Defamation: intentionally making any false imputation or slander with intent to harm, damage to the
reputation of any person…..it may cause in following forms…. 1) by signs; 2) by visible representation ; 3)
spoken or in a written form or by means of publication ( Sec 499 PPC).

Injury: Sec 44 of PPC: Any harm whatever illegally caused to any person in body, mind, reputation or
property………….under civil law injury is defined as “ a violation of another’s right or a breach of a legal
duty to the prejudiced of another.

Proposal: it is an offer made by one person to another for getting assent thereto, for doing or not
doing of something. Sec 2(a) of Contract Act.

Promise: the persons to whom offer has been made give his assent there to is promise. Sec 2(b).

Reciprocal promise: promise which forms the consideration or part of consideration for each other.
Sec 2(f).

Voidable Contract: an agreement which is enforceable by law at the option of one or more parties
thereto, but not at the option of other party sec 2(i).

Ratification: where act is done by one person on behalf of other but without his knowledge or
authority….. if such other person ratifies.. then it has same effect if they have been performed by his
authority . eg…. A company may ratify the act of manager otherwise the act will be ultra virus. Sec 196

Contingent Contract: is a contract, to do, or not to do something, if some event if collateral (guarantee) to
such contract does or does not happen……in this contract right of created on the happening of particular
event. Sec 31 of Contract Act.

Bailment: Delivery of goods by one person to another for some purpose upon contract, that, they shall
when the purpose is accomplished , be returned otherwise be disposed of according to the direction of
person. The person deliver the goods is bailor……to whom delivery is made is bailee. ( sec 148 of
Contract act).

Pledge, Pawner, Pawnee: the bailment of goods as a security for payment of debts or performance
of promise is called pledge. The bailor in this case is pawner and the bailee is called the pawnee. ….Note:
Pawn also known as pawnee.(sec 162 of contract Act).

Agent and Principal: an “ agnent” is a person employed to do any particular or specified act on behalf
of another or to represent another in dealing with third person. Sec 182 of contract act……..the person
for whom such act is done, or who is so represented, is called the principal.

Sec 62 of Contract Act: Effect of Novation: novation the substitution/replacement one contract by
another.
Contract of indemnity sec 124: it is a contract by which one party promises to save other from any loss
caused to him by the conduct of promisee.

Contract of Guarantee sec 126: is a contract to perform or discharge the liability of third person in case
of his default. The person who gives the guarantee is called surety; the person whose default guarantee
is give is called “ principal debtor”.

Termination of Agency sec 201: 1) An agency may e terminated …(i) By principal (ii)
Renunciation(withdrawn, abandonment) by Agent. 2) By operation of law … (i) performance of object (ii)
destruction of subject matter (iii) death of insanity of principal or agent.

Sec. 12(2) CPC: where a person challenges the validity of judgment, decree or order on the plea of fraud,
misrepresentation or want of jurisdiction……. He shall seek this remedy by making application to the
same court……..Maximum effect:……. Decree may be set aside and will be decided on merit.

Limitaiton: 3 years ………Art 181.

Direct evidence: evidence of person what he has seen/ perceived himself directly. …. Art 70 of QSO
says “Facts may be proved by oral evidence except contents of documents” …… Art 71 of QSO says “Oral
evidence must be direct”.

Dying declaration: Art 46: statement admissible in evidence.

Judgment in personam: it describes or limited to the personal right of individual.

Judgment in Rem: describes judicial proceeding which determines the status of thing…..consequently
may determine the rights or person though not parties in a suit.

Intra virus: within the authority.

Ultra-virus: without authority.

Jurisdiction: the powers or authority within which the court functions or exercise judicially.

Lex-Fori: law applicable to the court.

Libel: defamation which is written or printed form.

Slander: verbal defamation

Lien: is a right, which a person enjoys to retain the property of another till his dues are paid.

Limitation: period beyond which no legal proceeding can be brought.

Liquidate damages: damages can be received in consequence of breach of contract.

Unliquidate damages: those damages in which no limit is prescribed e.g defamation.

Attachment: means seizure of property by Court in legal process …. 1) May be made to protect the
property 2) preventing from disposing , sale or alienation 3) to recover the arrears 4) to satisfy the
decree.

Attachment before Judgment: ord 38 R-5: where defendant with intent to delay or obstruct the
execution which may be passed against him….. 1) is about to dispose of property 2) is about to remove
whole or any part of property from the local limits of jurisdiction of Court 3) or apprehension that
defendant may abscond.

Attachment in execution process: Ord 21 Rule 43: Attachment of movable property other than
agriculture produce, Ord 21 R-44: Attachment of agriculture produce, Ord 21 R-48: Attachment of
Salary, Ord 21 R-54: Attachment of immovable property, Ord 21 R-58: Objection to attachment …. If any
property attached in execution of decree……. The person who has a right to property may raise objection
against such attachment…..Ord 21 R-60: Release of property from attachment----- where objector
proved his title, right or interest.

Stay of Execution: Order 21 R-26: The Court which passed the decree may stay execution to enable
the Judgment debtor to apply the appellate Court……. Ord 41 R-5(1): Stay be Appellate Court; Ord 41
R-5(2): Stay be Court which passed the decree.

Illegal Dispossession Act, 2005.

Object: Te secure the citizens from illegal or forcible dispossession.

Complaint be made u/s 3,4 of Act before Sessions Judge.

Sec. 3 prevention from illegal dispossession of property….. sec 3(2) provides punishment which may
extend to 10 years…..

Sec 4. Cognizance of offence: Court of Sessions take cognizance on complaint.

Sec. 5 (1): investigation and procedure: Upon complaint Court may direct the SHO to conduct
investigation & submit report within 15 days……… Sec 5(2): Complaint shall be decided within 60 days.

Sec. 6: power to Attach Property: if no person are in possession the Court may attach the property until
final decision of the case…

Sec 7: Eviction and mode of recovery as an interim relief: if during the trial court found the person is
under unlawful possession, Court may as interim relief direct him to put the owner under possession.

Sec 8: Delivery of Possession of property to owner: On conclusion of trial, if the Court finds any person
as owner of the property, may restore the possession to him..
Sec 9: Civil procedure Code is applicable in I.D. Act.

Cases in which temporary injunction may be granted (Ord 39 Rule 1): a) that any property in dispute is
in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution
of decree; b) that the defendant threatens or intends to remove or dispose of his property with a view
to defraud his creditors……… that Court may grant the temporary injunction to restrain such acts…. Such
as wasting, damaging, alienation, sale, removal or dispossession of property.

Ingredients for grant of temporary injunction: 1) prima-facie case: plaintiff has fair question at trial and
suit is not likely to be failed on technical grounds. 2) Balance of convenience: Court will appreciate the
balance of convenience either in granting or refusing of injunction. 3) Irreparable loss and injury: Court
will also ensure the quantum of the loss to be suffered by the parties in the event of refusing injunction.

Amendment of pleadings (ord 6 Rule 17): the Court may at stage may allow the either parties to alter
or amend his pleadings if necessary for the purpose of determining the real question in controversy.

Issues: are point of contest in a suit.

Framing of issues (ord 14 Rule 1): issues arises when material preposition of fact or law is affirmed by
one party and denied by the other…… Material preposition: those preposition of law or fact “ which the
plaintiff must allege in order to show has right a sue; and defendant must allege in order to constitute
his defence.

Order 14 Rule 2: issues are of two kinds: 1) Issues of facts: 2) Issues of law: issues on law framed
from the plaint.

Order 14 Rule 5: power to amend or strike issues: the court may at any time amend the issues or frame
additional issues if necessary for determining the real question in controversy.

Order 14 Rule 5(2): Court may strike out any issues if wrongfully framed.

Order 43 R-3: Notice of appeal is mandatory: