Principles of law

 #Common_Principles_of_law:

- No one should be punished twice for the same offense. Doctrine of Double jeopardy.

- The buyer should be vigilant at the time of purchasing. Doctrine of Caviet Emptor.

- Equity favors the vigilant not the indolent.

- The plaintiff should come with the clean hands.

- No one can be judge in his own case.

- There is no right without a remedy. Ubi Jus Ibi Remedium

- Justice Delayed is Justice Denied.

- Justice Rushed is Justice Crushed.

- No one can claim inheritance when the succession is not open. Doctrine of Spec Succession.

#Legal_Principles:

- Every civil suit is filed in the lowest court of a district which is the court of senior civil judge.

- A suit under order 37 of CPC is filed in the court of district judge.

- Family suits are governed by Family Courts Act, 1964 in Pakistan.

- Another statute that governs family suits is West Pakistan Family Court Rules, 1965.

- In 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 the parents. It cannot be denied by courts unless any one of them is defaulter.

- Post Arrest Bail is filed under section 497 of CRPC.

- Pre Arrest Bail is filed under section 498 of CRPC.

- Post Arrest Bail is filed in the court of Illaqa Magistrate.

- Pre Arrest Bail is filed in the court of Session Judge.

- In bailable offenses bail is the right of accused.

- In non-bailable offenses bail is on the discretion of judge.

- The punishment in section 489-F is three years.

- There are 5 ingredients in theft which should be there for conviction.

- Benami transaction is legal but it should have 4 ingredients.

- Stay order can be permanent or temporary.

- Perpectual or permanent stay is granted under Specific Relief Act 1877.

- Temporary Injunction or stay is granted under order 39 rule 1 & 2 of CPC.

- Any application can be given anytime in a civil suit. Judge is bound to admit or dismiss it.

- Decree can be preliminary or final. It is always appealable.

- An order is generally revisionable unless it falls under the ambit of section 104 or order 43 of CPC.

- A magistrate can acquit the accused at any time of the trial under section 249-A of CRPC.

- A session judge can acquit the accused at any time under section 265-K of CRPC.

- A High Court Judge can acquit the accused under section 561-A of CRPC.

- Schedule at the end of CRPC book is always helpful in determining the nature of offenses.

- Offenses are compoundable/non-compoundable, bailable/non-bailable and cognizable/non-cognizable.

- An exception to bail is section 169 of CRPC in which the investigation officer has powers to grant bail.

- When an accused is in Police Remand then he/she cannot be released on bail.

- For post arrest bail the accused should be in Judicial Remand.

- Accused can be discharged by Magistrate at any stage of trial.

- The time for filing first appeal in civil cases is 30 days.

- The time for filing 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 record of trial court in a civil revision.

- The first appeal can have question of law as well as question of fact.

- Second appeal is only filed on Question of Law.

- In normal civil cases first appeal is filed in the court of district judge.

- In normal civil cases second appeal is filed in High Court.

- Civil court has unlimited pecunary jurisdiction under west pakistan civil courts act 1962.

- In normal practice different local governments have set different limits for pecunary jurisdiction of civil courts.

- When a case is filed in high court for the first time it is heard by single bench.

- An appeal of a decision of single bench can be heard by double bench or full court.

- For challenging decision of DB or Full Court a leave to appeal is filed in Supreme Court.

- When Supreme Court accepts leave to appeal then case is heard in Supreme Court.

- A case of public interest can be directly filed under Article 184(3) of Constitution of Pakistan.

- Normally appeals in Supreme Court are filed under article 185 of Constitution of Islamic Republic of Pakistan.

- Writs are of 5 types.

- Writs are usually filed under article 199 of constitution of Islamic Republic of Pakistan.

- 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 commission under order 26 of CPC.

- In cases of contempt of court regarding temporary injunction local commission is appointed under order 39 rule 7 of CPC.

- Property can be attached and accused can be imprisoned for 6 months in contempt under order 39 of CPC.

- Review is done by the same court passing the judgment.

- Review petition is filed under order 47 rule 1 of CPC.

- Order 21 of CPC deals with the execution proceedings.

- Plaintiff has a time of 6 years to file execution.

- Limitation in civil suits is 3 years from the cause of action.

- Plaint is rejected under order 7 rule 11 of CPC.

- 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 8 rule 10 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.

- Time for filing written statement is 30 days.

- In case of Government Institutions time period for filing written statement is 90 days.

- When an organization has head office in one city and branch office in another city then suit can be filed anywhere.

- A civil suit is filed where cause of action takes place or where the defendant resides.

- Police is bound to produce the accused in court within 24 hours of his arrest.

- Police can not search a place without search warrants.

- A female child remains with mother till she reaches her puberty.

- A male child remains with mother till the age of 7 years.

- Father is liable to maintain his children no matter with whom they live.

- When a mother contracts second marriage, she loses her right of child custody.

- Khula can be taken on grounds mentioned in section 2 of Dissolution of Muslim Marriages Act 1939.

- When a woman has right of talaq-e-tafweez in column 18 then she can take talaq directly from Arbitration council.

- A husband can contract second marriage if arbitration council permits him.

- A husband is liable to pay full haq mehr to first wife before contracting second marriage.

- Wife is liable to return haq mehar in case of khula.

- If a wife is not in a position to return haq mehr, her khulla decree cannot be stopped.

- Khula decree becomes effective after six months of its passing.

- Khula is counted as single talaq in Pakistan.

- Suit for declaration is filed under section 42 of Specific Relief Act 1877.

- Declaration can be in rem or in personam.

- A dismissed employee can only claim damages in case of private employer. (Justice Iftikhar's Judgement)

- Nominee is not an Inheritor. He is liable to distribute the shares as per Islamic Law of Inheritance.

- Right of wife in the inheritance of deceased is 1/8 in case of children.

- Right of wife in inheritance is 1/4th in case there are no children.

- Right of mother and father is 1/6 each.

- Right of husband in the property of wife is 1/4th in case of children.

- Right of husband in the property of wife is 1/2 in case of no children.

- Single daughter inherits 1/2 property.

- 2 or more than 2 daughters inherit 2/3rd property.

- Son inherits full property.

- Mother and father are natural guardians of children.

- Banking court is equal to the district court.

- Murderer has no share in inheritance.

- Specific relief cannot be granted for the mere purpose of enforcing a penal law.#Common_Principles_of_law:

- No one should be punished twice for the same offense. Doctrine of Double jeopardy.

- The buyer should be vigilant at the time of purchasing. Doctrine of Caviet Emptor.

- Equity favors the vigilant not the indolent.

- The plaintiff should come with the clean hands.

- No one can be judge in his own case.

- There is no right without a remedy. Ubi Jus Ibi Remedium

- Justice Delayed is Justice Denied.

- Justice Rushed is Justice Crushed.

- No one can claim inheritance when the succession is not open. Doctrine of Spec Succession.

#Legal_Principles:

- Every civil suit is filed in the lowest court of a district which is the court of senior civil judge.

- A suit under order 37 of CPC is filed in the court of district judge.

- Family suits are governed by Family Courts Act, 1964 in Pakistan.

- Another statute that governs family suits is West Pakistan Family Court Rules, 1965.

- In 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 the parents. It cannot be denied by courts unless any one of them is defaulter.

- Post Arrest Bail is filed under section 497 of CRPC.

- Pre Arrest Bail is filed under section 498 of CRPC.

- Post Arrest Bail is filed in the court of Illaqa Magistrate.

- Pre Arrest Bail is filed in the court of Session Judge.

- In bailable offenses bail is the right of accused.

- In non-bailable offenses bail is on the discretion of judge.

- The punishment in section 489-F is three years.

- There are 5 ingredients in theft which should be there for conviction.

- Benami transaction is legal but it should have 4 ingredients.

- Stay order can be permanent or temporary.

- Perpectual or permanent stay is granted under Specific Relief Act 1877.

- Temporary Injunction or stay is granted under order 39 rule 1 & 2 of CPC.

- Any application can be given anytime in a civil suit. Judge is bound to admit or dismiss it.

- Decree can be preliminary or final. It is always appealable.

- An order is generally revisionable unless it falls under the ambit of section 104 or order 43 of CPC.

- A magistrate can acquit the accused at any time of the trial under section 249-A of CRPC.

- A session judge can acquit the accused at any time under section 265-K of CRPC.

- A High Court Judge can acquit the accused under section 561-A of CRPC.

- Schedule at the end of CRPC book is always helpful in determining the nature of offenses.

- Offenses are compoundable/non-compoundable, bailable/non-bailable and cognizable/non-cognizable.

- An exception to bail is section 169 of CRPC in which the investigation officer has powers to grant bail.

- When an accused is in Police Remand then he/she cannot be released on bail.

- For post arrest bail the accused should be in Judicial Remand.

- Accused can be discharged by Magistrate at any stage of trial.

- The time for filing first appeal in civil cases is 30 days.

- The time for filing 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 record of trial court in a civil revision.

- The first appeal can have question of law as well as question of fact.

- Second appeal is only filed on Question of Law.

- In normal civil cases first appeal is filed in the court of district judge.

- In normal civil cases second appeal is filed in High Court.

- Civil court has unlimited pecunary jurisdiction under west pakistan civil courts act 1962.

- In normal practice different local governments have set different limits for pecunary jurisdiction of civil courts.

- When a case is filed in high court for the first time it is heard by single bench.

- An appeal of a decision of single bench can be heard by double bench or full court.

- For challenging decision of DB or Full Court a leave to appeal is filed in Supreme Court.

- When Supreme Court accepts leave to appeal then case is heard in Supreme Court.

- A case of public interest can be directly filed under Article 184(3) of Constitution of Pakistan.

- Normally appeals in Supreme Court are filed under article 185 of Constitution of Islamic Republic of Pakistan.

- Writs are of 5 types.

- Writs are usually filed under article 199 of constitution of Islamic Republic of Pakistan.

- 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 commission under order 26 of CPC.

- In cases of contempt of court regarding temporary injunction local commission is appointed under order 39 rule 7 of CPC.

- Property can be attached and accused can be imprisoned for 6 months in contempt under order 39 of CPC.

- Review is done by the same court passing the judgment.

- Review petition is filed under order 47 rule 1 of CPC.

- Order 21 of CPC deals with the execution proceedings.

- Plaintiff has a time of 6 years to file execution.

- Limitation in civil suits is 3 years from the cause of action.

- Plaint is rejected under order 7 rule 11 of CPC.

- 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 8 rule 10 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.

- Time for filing written statement is 30 days.

- In case of Government Institutions time period for filing written statement is 90 days.

- When an organization has head office in one city and branch office in another city then suit can be filed anywhere.

- A civil suit is filed where cause of action takes place or where the defendant resides.

- Police is bound to produce the accused in court within 24 hours of his arrest.

- Police can not search a place without search warrants.

- A female child remains with mother till she reaches her puberty.

- A male child remains with mother till the age of 7 years.

- Father is liable to maintain his children no matter with whom they live.

- When a mother contracts second marriage, she loses her right of child custody.

- Khula can be taken on grounds mentioned in section 2 of Dissolution of Muslim Marriages Act 1939.

- When a woman has right of talaq-e-tafweez in column 18 then she can take talaq directly from Arbitration council.

- A husband can contract second marriage if arbitration council permits him.

- A husband is liable to pay full haq mehr to first wife before contracting second marriage.

- Wife is liable to return haq mehar in case of khula.

- If a wife is not in a position to return haq mehr, her khulla decree cannot be stopped.

- Khula decree becomes effective after six months of its passing.

- Khula is counted as single talaq in Pakistan.

- Suit for declaration is filed under section 42 of Specific Relief Act 1877.

- Declaration can be in rem or in personam.

- A dismissed employee can only claim damages in case of private employer. (Justice Iftikhar's Judgement)

- Nominee is not an Inheritor. He is liable to distribute the shares as per Islamic Law of Inheritance.

- Right of wife in the inheritance of deceased is 1/8 in case of children.

- Right of wife in inheritance is 1/4th in case there are no children.

- Right of mother and father is 1/6 each.

- Right of husband in the property of wife is 1/4th in case of children.

- Right of husband in the property of wife is 1/2 in case of no children.

- Single daughter inherits 1/2 property.

- 2 or more than 2 daughters inherit 2/3rd property.

- Son inherits full property.

- Mother and father are natural guardians of children.

- Banking court is equal to the district court.

- Murderer has no share in inheritance.

- Specific relief cannot be granted for the mere purpose of enforcing a penal law.