Showing posts with label Laws. Show all posts
Showing posts with label Laws. Show all posts

Sunday, June 21, 2020

1788 US Constitution comes into effect when New Hampshire is the 9th state to ratify it

  • 1788  US Constitution comes into effect when New Hampshire is the 9th state to ratify it
  • The Constitutional Convention. Every state but Rhode Island sent delegates to the Constitutional Convention in Philadelphia. The gathering included some of the most respected and talented men in America. George Washington was named president.
  • Edmund Randolph proposed the "Virginia Plan," drafted by James Madison -- a plan that recommended an entirely new form of government, including an executive, a judiciary, and a legislature composed of two houses and including a number of representatives from each state based on their population.

Sunday, May 31, 2020

German court ruling clears the way to settle VW diesel cases

German court ruling clears the way to settle VW diesel cases 

FRANKFURT, Germany (AP) — A German court has ruled that Volkswagen must buy back cars from owners of its diesel cars equipped with software that evaded emissions testing — but consumers must accept the current value of the car based on the mileage they drove since buying it, not the purchase price.

  • FILE - In this Monday, April 27, 2020. file photo,  The Volkswagen logo stand on the top of a VW headquarters building in Wolfsburg, Germany. Volkswagen is gradually launch the production at important plants after the corona lockdown. (Swen Pfoertner/dpa via AP)

Volkswagen said the decision announced Monday would clear the way for settlement of remaining consumer claims in Germany. The decision affects some 60,000 individual claims brought by car

Wednesday, May 27, 2020

Qanune Shahadat order-1984 Pakistan/ Chapter-III of the Relevancy of Fac...

Qanune Shahadat Order-1984 Pakistan /PART-I contents Chapter-II of witne...

STAGES OF CIVIL SUIT IN THE LIGHT OF CIVIL PROCEDURE CODE 1908 PAKISTAN

STAGES OF CIVIL SUIT


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 DocumentsOrder 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) Proviso07

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

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

17. Judgment Order 20

 

Out of these 17 main stages the amended code does not speak about any time limit for Examination of Parties - Order 10, Settlement of Disputes - Section 89, Production of Documents - Order 13, Exhibiting of Documents - Order 18 R 4 (1) proviso and Arguments - Order 18 R 2 (3A), but in the rest of the provisions the amended code has given time limits in the provisions itself and we cannot ignore them so easily and without any rare and exceptional circumstances.

 

Now once a party has filed the suit then he has to comply all the provisions one by one within the stipulated time

Friday, May 22, 2020

Government of Pakistan Finance Division (Regulation Wing) ><><>< No.F. 1(2)R-4/2019 Islamabad, May 20, 2020. OFFICE MEMORANDUM INCENTIVES TO CIVIL SERVANTS TO PROCEED ON LEAVE PREPARATORY TO RETIREMENET AFTER COMPLETION OF 25 YEARS SERVICE

گورنمينٽ آف پاڪستان فنانس ڊويزن (ريگيوليشن ونگ)> <> <> <نمبر ايف.  1 (2) آر -4 / 2019 اسلام آباد ، 20 مئي 2020. 25 سالن جي سروس جي مڪمل گهرج جي يادگيري لاءِ بحالي واري خدمت کي جاري رکڻ لاءِ سرڪاري ياداشت جون سهولتون.  موضوع: دستخط ٿيل کي هدايت ڪئي وئي آهي ته هن ڊويزن جي OM نمبر F.1 (8) -R-4/89 تاريخ 04-12-1991 مٿي ڏنل مضمون تي (ڪاپي ريفرنس لاءِ منسلڪ ٿيل) ۽ اهو بيان ڪجي ته  او ايم انهي حد تائين سڌارو ڪيو ويو آهي ته سرڪاري رٽائرمينٽ جي وقت تائين ريٽائرمينٽ تي سپرنائيشن جي تاريخ تائين جئين جنهن جو عنوان حصو-اي ذيلي پيرا (i) عنوان آهي.- گورنمينٽ کي برقرار رکڻ  رهائش ، اسٽينڊ واپس ڪ withdrيو ويو آهي.  مٿي ڏنل ترميم 21-04-2020 جي ڪابينا جي فيصلي جي تعاقب ۾ ڪئي وئي آھي.  چيو او ايم جي ٻيون شق 04-12-1991 برقرار رهندي.  (محمد انور جاويد) سيٽيئر آفيسر (آر -4) ٽيلي: 051-9245872 سڀ وزارتون / ڊويزنون


Government of Pakistan Finance Division (Regulation Wing) ><><>< No.F. 1(2)R-4/2019 Islamabad, May 20, 2020. OFFICE MEMORANDUM INCENTIVES TO CIVIL SERVANTS TO PROCEED ON LEAVE PREPARATORY TO RETIREMENET AFTER COMPLETION OF 25 YEARS SERVICE.
Subject: The undersigned is directed to refer to this Division's OM No. F.1(8)-R-4/89 dated 04-12-1991 on the above subject (copy attached for a ready reference) and to state that the said OM has been amended to the extent that the facility of retention of official accommodation till date of superannuation on early retirement as mentioned at part-A sub-para (i) titled .- Retention of Govt. accommodation, stands withdrawn. The above amendment has been made

Thursday, April 30, 2020

Power of magistrate to aqcuite accused at any stage of proccedings u/s. 249-A of Cr.P.C.

 Power of magistrate to aqcuite accused at any stage of proccedings u/s. 249-A of Cr.P.C.

PLJ 2004 SC 2
PLD 1981 SC 607
NLR 1999 PCRLJ 137
2003 YLR 274
2005 PCRLJ 252
PLD 1984 SC 428
PLD 1999 SC 1063
2000 MLD 605
1991 PCRLJ 1381
1985 SCMR 257
PLD 1991 LAH 268 
1999 MLD 1645
PLD 1999 SC 1063
2003 PCRLJ 12
PLJ 2003 AJ&K
2004 PCRLJ 1068

Locus Poenitentie U/S 121 of General Clause Act

PLD 1997 KARACHI 450
1998 SCMR 2745
2002 CLC 1464
2004 YLR 2047
2003 CLC 1196

Rape Case ACQUITTED in Compromise Acquittal of accused on no objection of victim affidavits under section 265-k 2012 Y L R 2701

Rape Case ACQUITTED in Compromise

Acquittal of accused on no objection of victim affidavits under section 265-k
2012 Y L R 2701

suit decreed against the doctor for negligence 2011 PLD 117 KARACHI-HIGH-COURT-SINDH

suit decreed against the doctor for negligence 
 
S. 1---Pakistan Medical and Dental Council Ordinance (XXXII of 1961), S. 32---Suit for compensation and damages---Death of patient due to wrongful acts, gross negligence and carelessness in professional duties of doctor s---Proof---Lady doctor after examining gallbladder of deceased not properly functioning advised for his immediate operation in her hospital through a Professor/doctor ---Such hospital was not having proper operation theatre, pre and post operation facilities, competent and

Advocate is officer of the court 2020 M L D 594

Advocate is officer of the court

Advocate is officer of the court and court expect him/her to help the court to do justice between the litigant public in accordance with law---Role of advocate is to uphold the dignity and purity of the court---Advocate is duty bound to appear before the court when it takes up the case of accused pending before it and he is not expected to

. Divorce through sms. 2015 PLD 231 LHC

.. Divorce through sms.
Ss. 22-A & 22-B- Art. 199-Constitutional petition-Divorce through telephone or sms. Ex-husband of petitioner had allegedly Divorced her orally through telephone and sms. Petitioner contracted second marriage. Respondent/uncle of ex-husband moved application before Justice of Peace alleging that petitioner had married another man

2020 YLR 619 The object behind granting a right of cross-examination can only be achieved after affording a fair opportunity to an opposite party, likely to be adversely affected, being on the receiving end in the shape of examination-in-chief from statement so recorded by the court, in all the matters

2020 YLR 619

The  object  behind  granting  a  right  of  cross-examination  can  only  be achieved  after  affording  a  fair  opportunity  to  an  opposite  party,    likely to  be  adversely  affected,  being  on  the  receiving  end  in  the  shape  of examination-in-chief  from  statement  so  recorded  by  the  court,  in  all  the matters.  To  adjudge  the  veracity,  credibility  and  trustworthiness/ truthfulness  of  the  witness  enables   the  court,  for  relying  upon,  while deciding  the  matter  before  it.  The  grant  of  a  fair  opportunity  for  cross examining  a  witness  by  the  adversary  has  its  genesis  and  roots  in  the principle  of  audi  alterm  partem  ,  duly  codified  in  the  shape

Latest citation Owners of the vehicles involved in the accident should also be charged as co-accused. 2020 P Cr. L J 451 [Sindh]

Latest citation
Owners of the vehicles involved in the accident should also be charged as co-accused.

----S. 320---Qatl-i-khata by rash or negligent driving---Criminal liability of the owner of vehicle---Scope---Owner of the vehicle involved in the accident was real brother of the absconding accused, the driver of the vehicle---Police officer conceded that the owner of vehicle involved in the road accident case is also supposed to be impleaded along with driver of the vehicle, who was charged under S. 320, P.P.C.---Investigating Officer, in the present case, had neither verified the license of the

THE CODE OF CIVIL PROCEDURE (PUNJAB AMENDMENT) ORDINANCE 2020 (VIII of 2020) An Ordinance to amend the Code of Civil Procedure, 1908. [29th April, 2020]

ضابطہ دیوانی میں بہترین ترامیم۔ اب دیوانی دعوی کا ایک سال کے اندر اندر فیصلہ کرنا کوئی مشکل کام نہیں۔

THE CODE OF CIVIL PROCEDURE (PUNJAB AMENDMENT) ORDINANCE 2020
(VIII of 2020)

CONTENTS
1. Short title and commencement.
2. Substitution of section 3 of Act V of 1908.
3. Substitution of section 26 of Act V of 1908.
4. Insertion of section 27A in Act V of 1908.
5. Substitution of section 96 of Act V of 1908.
6. Amendment of section 106 of Act V of 1908.
7. Amendment of section 115 of Act V of 1908.
8. Amendment of section 128 of Act V of 1908.
9. Substitution of section 141 of Act V of 1908.
10. Insertion of section 159 in Act V of 1908.


TEXT THE  CODE  OF  CIVIL  PROCEDURE  (PUNJAB  AMENDMENT) ORDINANCE  2020 (VIII  of  2020)

 An Ordinance  to  amend  the  Code  of  Civil Procedure,  1908.
 [29th  April,  2020]

 It  is  expedient  to  amend  the  Code  of  Civil  Procedure,  1908  (V  of  1908)  to  bring procedural  reforms  for 

THE STAMP (AMENDMENT) ORDINANCE 2020 (V of 2020), Amendment in the Stamp Act, 1899 (II of 1899). [20th April, 2020]

THE STAMP (AMENDMENT) ORDINANCE 2020
(V of 2020)
CONTENTS
1. Short title, extent and commencement.
2. Amendment in the Stamp Act, 1899 (II of 1899).

TEXT
THE STAMP (AMENDMENT) ORDINANCE 2020
(V of 2020)
[20th April, 2020]
An
Ordinance to provide for reduction in certain stamp duties in the Punjab. It is expedient to reduce certain stamp duties in urban areas of the Punjab, and to provide for the ancillary matters.
Provincial Assembly of the Punjab is not in session, and Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate action. In exercise of the powers conferred under clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, Governor of the Punjab is pleased to

THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS (PROMOTION AND REGULATION) (AMENDMENT) ORDINANCE 2020 (VII of 2020) [22nd April, 2020]

THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS (PROMOTION AND REGULATION) (AMENDMENT) ORDINANCE 2020
(VII of 2020)
CONTENTS
1. Short title and commencement.
2. Insertion of section 12D in Ordinance IV of 1984.

TEXT
THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS (PROMOTION AND REGULATION) (AMENDMENT) ORDINANCE 2020
(VII of 2020)
[22nd April, 2020]

An
Ordinance 
to amend the Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984.
It is necessary to amend the Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984 (IV of 1984) for purposes hereinafter appearing.
Provincial Assembly of the Punjab is not in session and Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate

Wednesday, April 29, 2020

Most Important Question and Answer for Exam Of Judicial Magistrate and Civil Judge

01. What is the difference between F.I.R & Challan?

A. It is first information report dealt in section 154 Cr. P C. It is not a substantive piece of evidence. Its objective is to put law in motion.

B. Challan is mentioned in 173 Cr P C. When the investigation report is completed the station officer shall submit a report to magistrate to take the cognizance of the office is known as Challan. It contains 07 columns

02. What is Remand (167) difference between Judicial Custody & Police Custody

A. Procedure when investigation cannot be completed in 24 hours fixed by the section 61 Cr. P C and there are grounds for believing that the accusation or information is well founded, the officer in charge of police station or police officer making the investigation shall forth with transmit to the nearest magistrate.

B. There are two types of remands

01. Judicial remand: means accused is sent to the judicial custody or judicial lock up.

02. Physical remand: means accused is given in the custody of police for the further investigation.

Appeal was dismissed in Conviction of rape offence FIR promptly lodged DNA matched. 2020 M L D 588

Conviction of rape offence FIR promptly lodged DNA matched.
2020 M L D 588
----S. 376 ---Rape---Appreciation of evidence---Ocular and medical evidence---Corroboration---Accused was charged for committing rape with the daughter of complainant---Ocular account of the occurrence had been furnished by complainant, victim and a witness---First Information Report of the case was lodged on the same day, wherein the accused was named with specific role---Nothing was available on the record to doubt the authenticity of the FIR---Victim, at the time of incident, was wearing qameez and shalwar and having dopatta---Victim had specifically stated that accused removed her shalwar and committed rape on her---Complainant stated that when they entered the room the accused was busy in committing rape forcibly with his daughter---Victim was lying there in naked condition and blood was oozing out from the vagina---Victim stated that she raised hue and cry---Accused left her in

When you look at various woman