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Civil Law

Discharge of Contract by Performance

Discharge of contact: A contract creates an obligation which continues till the contract has been discharged by actual performance. There are other modes of discharge of contract also e.g., offer to perform the promise. These are scattered…

Res-Judicata

Res Judicata: The term res-judicata signifies that the matter in dispute has been considered and finally settled and that the adjudication has a conclusive effect upon the rights determined. Scope and object: The doctrine of res-judicata…

Remedies Against Ex-Parte Decree

Ex-Parte Decree: The term ex-parte means the absence of the other party. A decree is said to be ex-parte when ex-parte proceedings are ordered at the hearing immediately preceding the judgment. Where the there is evidence on the record but…

Powers of Appellate Court

Powers of appellate court: According to S. 107 C.P.C an appellate court shall have powers:- To determine a case finally. To remand a case. To frame issues and refer them for trial. To take additional evidence or require such…

Talak under Muslim Family Law Ordinance

Talak under Muslim Family Law Ordinance Talak; Section 7 of Muslim Family Law Ordinance provides that “any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the…

Competency of Parties to Contract

Competency of parties to contract: S.11 of the Contract Act provides that “every person is a competent to contract who is of the age of majority according to the law to which he is subject and who is of sound mind, and is not disqualified…

Agreement without Consideration is Void

An agreement without Consideration is void: Consideration is the most essential element for the validity of an agreement. An agreement without consideration is void unless it comes under any of the exception set out in sub-clauses (1) to…

Second Appeal in Civil Cases

Second Appeal: S.100 C.P.C provides that an appeal shall lie to the High Court from every decree passed in appeal by a court subordinate to High Court on any of the following grounds, namely:- The decision being contrary to law or…

Civil Appeal

Civil Appeal Appeal The term appeal is not defined by the Code of Civil Procedure. It can be defined as a complaint made to a superior court against the decision of a subordinate court with the object of getting such order set aside or…

Fraud in Contract

Fraud in Contract Fraud Fraud means and include, inter alia, the suggestion as a fact of that which is not true, by one who does not believe it to be true and the active concealment of a fact by one having knowledge or belief of fact.…

Legal Disability to Sue

Legal Disability to Sue Legal disability: Legal disability is inability to sue owing to minority, lunacy or idiocy. Law recognizes no other ground as sufficient for extending the period of limitation. The effect of legal disability is…