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Judiciary

Judicial Essay on Natural Justice

Judicial Essay on Natural Justice  Outline Introduction Essentials of Natural Justice The rule of Bias The rule of fair hearing. Conclusion The word justice is incapable being defined accurately. The word justice has…

Void Marriages in Islamic Law

GROUNDS FOR VOID MARRIAGE:  Prohibitions founded on consanguinity:   The prohibitions founded on consanguinity are the same among the sunni as well as among the shias. No marriage can be contracted (a) with the ascendants (b) with…

Contract of Guarantee

Contract of Guarantee: A contract of guarantee is a contract to perform the promise or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the “Surety”. The person in respect of…

Undue Influence in Contract Act 1872

⁠⁠⁠⁠ Undue influence: A contract is said to be induced by “undue influence” where the relationship subsisting between the parties are such that one party is in a position to dominate the will of the another and uses that position to attain…

Contract of Indemnity

Contract of Indemnity: Section 124 of Contract Act 1872 states that “A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called…

Essentials of Valid Contract

ESSENTIAL OF VALID CONTACT: Following are the elements which are essential for valid contract. Section 10 of the contract act states that “all agreements are contracts if they are made by the free consent of parties competent to…

Ouster of Jurisdiction of Civil Courts

Introduction: The general jurisdiction of the civil courts to try all suits of a civil nature conferred and recognized by section 9 CPC is subject to the condition that their jurisdiction has not been expressly or impliedly barred. It is…

Burden of Proof in Criminal Cases

Introduction: The provisions in the Qanun-e-Shahadat 1984 bearing on the subject are to be found contained in Part III Chapter IX-C, Articles 117 to 129 thereof. Burden of Proof             Whoever desired any court to give judgment as…

Burden of Proof

General principles: Art. 117, of Q.S.O 1984 lays down general principle that any person who comes to the court and seeks its judgment dependent upon existence of the fact, then he has to prove those facts. In other words he who asserts…