What does a new lawyer need to master to become a good lawyer in Pakistan?
Posted by Admin on Sat January 18th, 2020
What does a new lawyer need to master to become a good lawyer in Pakistan?
Some important things for new lawyers, also for litigants who want to build some basic understanding of legal basic level legal procedures and rules.- Every civil suit is filed in the lowest court of a district which is the court of Senior Civil Judge.
- A summary suit under Order 37 of CPC is filed in the court of a district judge.
- Family suites are governed by the Family Courts Act, 1964 in Pakistan.
- Another statute that governs family suits in West Pakistan Family Court Rules, 1965.
- In the case of family suits, it is filed at the place where the female resides even if she resides temporarily.
- Visitation is a right for both parents. It cannot be denied by courts unless any one of them has defaulted.
- Stay order can be permanent or temporary.
- Perpetual or permanent stay is granted under the Specific Relief Act 1877.
- Temporary Injunction or stay is granted under order 39 rules 1 & 2 of CPC.
- Any application can be given anytime in a civil suit and Judge is bound to admit or dismiss it.
- A decree can be preliminary or final. It is always appealable.
- An order is generally revision-able unless it falls under the ambit of section 104 or order 43 of CPC.
- The time for filing the first appeal in civil cases is 30 days.
- The time for filing the second appeal in civil cases is 60 days.
- The time for filing civil revision is 90 days.
- Civil revision is filed under section 115 of CPC.
- The petitioner is bound to provide all the records of a trial court in a civil revision.
- The first appeal can have a question of law as well as the question of fact.
- The second appeal is only filed on the Question of Law.
- In normal civil cases, the first appeal is filed in the court of a district judge.
- In normal civil cases, the second appeal is filed in High Court.
- Civil court has unlimited pecuniary jurisdiction under the West Pakistan Civil Courts Act 1962.
- In normal practice, different local governments have set different limits for the pecuniary jurisdiction of civil courts.
- When a case is filed in the high court for the first time it is heard by a single bench.
- An appeal of a decision of a single bench can be heard by a division bench or full court in Intra Court Appeal.
- For challenging a decision of DB or Full Court a leave to appeal is filed in the Supreme Court.
- When Supreme Court accepts leave to appeal then the case is heard in Supreme Court.
- A case of public interest can be directly filed under Article 184(3) of the Constitution of Pakistan.
- Normally appeals in Supreme Court are filed under article 185 of the Constitution of the Islamic Republic of Pakistan.
- Writs are of 5 types.
- Writs are usually filed under article 199 of the constitution of the Islamic Republic of Pakistan.
- The writ of Habeas Corpus is filed in Session court under section 491 of CrPC.
- Inherent Powers of Civil Courts can be invoked under section 151 of CPC.
- Courts have powers to appoint local commissions under order 26 of CPC.
- In cases of contempt of court regarding temporary injunction, a local commission is appointed under order 39 rule 7 of CPC.
- Property can be attached and the accused can be imprisoned for 6 months in contempt under order 39 of CPC.
- A review is done by the same court passing the judgment.
- A review petition is filed under order 47 rule 1 of CPC.
- Order 21 of CPC deals with the execution proceedings
- The plaintiff has a time of 3 years to file execution.
- Limitation in civil suits is 3 years from the cause of action.
- The plaint is rejected under Order 7 rule 11 of CPC.
- The plaint is returned under order 7 rule 10 of CPC.
- Section 10 of CPC deals with the principle of Res Sub Judice
- Section 11 of CPC deals with the principle of Res Judicata
- A plaint can be amended under order 6 rule 17 of CPC.
- A written statement can be amended under order 6 rule 17 of CPC.
- Order 7 of CPC deals with the plaint
- Order 8 of CPC deals with the Written Statement
- In cases of appeals and revisions, the respondents are not required to file replies.
- The time for filing a written statement is 30 days.
- In the case of Government Institutions time period for filing the written statement is 90 days.
- When an organization has a head office in one city and a branch office in another city then the suit can be filed anywhere.
- A civil suit is filed where the cause of action takes place or where the defendant resides.
- A female child remains with her mother till she reaches puberty.
- A male child remains with the mother till the age of 7 years.
- Father is liable to maintain his children no matter with whom they live.
- When a mother contracts a second marriage, she loses her right to child custody.
- Khula can be taken on grounds mentioned in section 2 of the Dissolution of Muslim Marriages Act 1939.
- When a woman has the right of Talaq-e-Tafweez in column 18 then she can take Talaq directly from the Arbitration council.
- A husband can contract a second marriage if the arbitration council permits him.
- A husband is liable to pay full Haq Mehr to the first wife before contracting a second marriage.
- The wife is liable to return Haq Mehar in the case of Khula.
- If a wife is not in a position to return Haq Mehar, her Khula decree cannot be stopped.
- Khula decree becomes effective after six months of its passing.
- Khula is counted as a single Talaq in Pakistan.
- Suit for declaration is filed under section 42 of the Specific Relief Act 1877.
- A declaration can be in rem or in personam.
- A nominee is not an Inheritor. He is liable to distribute the shares as per the Islamic Law of Inheritance.
- The right of the wife in the inheritance of the deceased is 1/8 in the case of children.
- The right of wife in inheritance is 1/4th in case there are no children.
- The right of mother and father is 1/6 each.
- The right of a husband in the property of a wife is 1/4th in the case of children.
- The right of a husband in the property of a wife is 1/2 in case of no children.
- A single daughter inherits 1/2 property.
- 2 or more than 2 daughters inherit 2/3rd property
- The single son inherits the full property.
- Mother and father are natural guardians of children.
- The banking court is equal to the district court.
- A murderer has no share in the inheritance.
- Specific relief cannot be granted for the mere purpose of enforcing a penalty.