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Judiciary

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 an unfair advantage over the other.  Constituents of undue influence: To constitute undue […]

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 “Contract of indemnity”. Variety Traders Karachi Vs. Government of Pakistan: Contract […]

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 contract, for a lawful consideration with lawful object, and are hereby expressly declared to be void ”. […]

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 settled law that the exclusion of the jurisdiction of the civil courts is not to […]

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 to any legal right or liability dependent on the existence of facts which he asserts, must prove […]

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 must prove the same. It is settled and fundamental principle of law of […]

Estoppel

ESTOPPEL: Definition: According to Art 114 of Q.S.O 1984. Estoppel is “When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such believe, neither he nor his representative shall be allowed, in any suit or proceeding between himself […]

Judicial Reforms in Pakistan

Judicial Reforms Pakistan is going through the most tumultuous phase of its history. The country is facing existential threat not only from “without” but also from “within”. Besides security threat, the political system is collapsing as the political leadership is fast losing credibility. Democracy continues to disappoint the electorates as institutions erode owing to rampant […]

Recovery of Possession of Immoveable Property

8 Recovery of specific Immovable property: Section 8 provides that, “A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the Code of Civil Procedure” Scope: Section 8 provides a remedy to a person who is entitled to possession of immovable property. If a person is dispossessed […]