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CONSTITUION OF PAKISTAN 1973.

Q. SALIENT FEATURE OF CONSTITUTION


1. Introduction.
2. Salient Features.
i. Written Constitution.
ii. Bicameral Legislature.
iii. Direct Election.
iv. Federal Constitution.
v. Parliamentary Constitution.
vi. Independence of Judiciary.
vii. National Language.
viii. Holding of referendum
ix. Principles of Policy.
x. Rule of Law.
xi. Elimination of Exploitation.
xii. Single Citizenship.
xiii. Islamic Constitution.
xiv. High Treason.
xv. State Religion.
xvi. Fundamental Rights.
xvii. Equal Rights of Women.
xviii. Rights of Minorities.
xix. Provincial Autonomy.
3. Conclusion.
Q. FUNDAMENTAL RIGHTS.
1. Introduction:
2. Meaning of Fundamental Rights.
3. History of Fundamental Rights
4. Relevant Articles 8to 28.
5. Fundamental Rights
I. Security
II. Safeguard
III. Freedom
IV. Preservation
V. Inviolability
VI. Permission and Promotion
VII. Prohibition.
VIII. Equality
a. Security of Person.
b. Protection against retrospective punishment.
c. Freedom of Movement.
d. Safeguard in Case of Arrest and Detention.
e. Safeguard against religious taxes.
f. Freedom of Association.
g. Prohibition of Slavery and forced labour.
h. Freedom of Religion.
i. Freedom of Speech.
j. Freedom of Assembly.
k. Freedom of Trade, Business and Profession.
l. Political Freedom.
m. Freedom to acquire property.
n. Equality of Citizens.
o. Protection of Property Rights.
p. Rights of Access to Public Places.
q. Right of language and Culture.
r. Right of service.
s. Protection against double punishment.
t. Dignity of Man.
6. 18th Amendment
i. Article 10A: Fair Trial.
ii. Article 19A: Right to information.
iii. Article 25A: Right to education.
7. Nature of fundamental rights.
8. Scope of Fundamental Rights.
9. Importance of Fundamental Rights.

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10. Difference b/w fundamental and ordinary rights.
11. How fundamental rights are enforced.
12. How fundamental rights are suspended.
13. Protection and guarantee of fundamental rights.
14. Limitation imposed on fundamental rights.
15. Relevant leading cases of fundamental rights.
16. Conclusion.
Q. PRINCIPLES OF POLICY
1. Introduction.
2. Meanings.
3. Principles of Policy.
i. Islamic way of life.
ii. Promotion of Local Government Institutions.
iii. Participation of women in National Affairs.
iv. Promotion of Social Justice and Eradication of Social Evils.
a. Free Education.
b. Speedy Justice.
c. End of Social Evils.
d. Promotion of Backward Areas.
e. Prevention of Alchohlic Areas.
f. Participation of People in National Activities.
v. Participation of people in Armed Forces.
vi. Foreign Relations.
vii. Promotion of Social and economic well being of the people.
viii. Facilitation of Work.
ix. Basic Necessities of Life.
x. End of Riba System.
xi. International Peace.
xii. Strengthening bonds with muslicm world.
xiii. Decentralization of Government Administration.
xiv. Protection of Minorities.
xv. Parochial and other similar Predudices.
Conclusion.
Q. NATIONAL ASSEMBLY OF PAKISTAN
1. Introduction.
2. Parliament under the constitution of 1973.
3. Composition of National Assembly.
342 seats including reserved for women and non-Muslims=Article 51.
4. Conditions for votes.
5. Qualifications.
6. Duration of National Assembly.
7. Quorum of National Assembly. 1/4th
8. Summoning and Prorogation.
9. Sessions of National assembly. 3 session, interval 90-120 days.
10. Dissolution of National Assembly.
11. Powers and functions of National Assembly.
a. Legislation.
b. Amendment in the constitution.
c. Administrative powers.
d. Financial Powers.
e. Electoral Powers.
f. Judicial Powers.
g. Emergency Powers.
12. Conclusion.
Q. SENATE.
1. Introduction.
Each of the four provincial assemblies elect twenty three
members from their respective provinces which include fourteen on
general seats, four on seats reserved for technocrats including Ulema four
on seats reserved for women and one seat reserved for non-Muslim. Four
members i.e. two on general seats, one technocrat including Aalim and one
woman are elected from the Federal Capital whereas eight members are
elected from the Federally Administered Tribal Areas in such manner as
the President may, by order prescribe.
2. Parliament.

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3. Composition of the Senate.
104 members.
4. Qualification of Members.
Age=30 years.
5. Chairman of Senate
6. Deputy Chairman of Senate
7. Election Method.
Electoral=members of all provincial assemblies, propotional representation.
8. Term of Senator(6 years)
9. Privileges for Members.
10. Summoning and Prorogation of Session.
11. Voting and Quorum.
12. Powers and Functions of the Senate.
a. Legislation.
b. Administrative Powers.
c. Judicial Powers.
d. Electoral Powers.
e. Education Center for Politicians.
f. Amendment in the Constitution.
g. Removal of Grievances of the People.
13. Conclusion.
Q. PRIME MINISTER OF PAKISTAN.
1. Introduction.
2. The office of Prime Minister.
3. Qualifications of Prime Minister.
4. Elections of the Prime Minister.
5. Term of the Office.
6. Powers and Functions of Prime Minister.
a. Chief Advisor of the President.
b. Formation of the Cabinet
c. National Leader.
d. Leader of the Cabinet.
e. Leader of the House.
f. Power of Appointment.
g. Financial Power.
h. Foreign Relations.
i. Public Welfare.
j. Power of Legislation.
k. Administrative Powers.
l. Defense of the Country.
m. Party Head.
n. Power to dissolve the National Assembly.
o. Power to Terminate Ministers.
p. Representative of Nation.
q. Bridge Between President and Cabinet.
r. Power to confer Titles and Awards.
7. Resignation of Prime Minister.
8. Vote of No Confidence
9. Conclusion.
Q. PRESIDENT.
1. Introduction.
Chief Justice takes the oath,
2. Qualification.
Age=45 years
Religion=Muslim
3. Elections of President.
a. Nomination of Candidate.
b. Voting in Parliament.
Electoral=Members of both Houses, Members of Provincial Assemblies.
Elections are held within 30 days.
c. Counting of Votes.
4. Term of Office.
5. Restriction.
6. Impeachment of President.
a. Moving of resolution for impeachment.

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b. Notice from chairman to Speaker.
c. Joint Sitting of Two Houses.
d. Investigation
e. Declaration.
7. Grounds of Removal of President.
a. Physical incapacity
b. Mental incapacity
c. Guilty of violation of the constitution
d. On account of gross misconduct
8. Role of the President.
9. Powers and Functions.
a. Discretionary Powers
b. President to kept informed
c. President to act on Advice.
d. Dissolution of Assembly.
e. Appointments of Military Officials.
f. Judicial Powers.
g. Legislative Powers.
h. Chancellor of Federal Universities.
i. War and Peace settlement.
10. Conclusion.
Q. SUPREME COURT OF PAKISTAN.
1. Introduction.
Establishment and Jurisdiction of Courts
Seat of the Supreme Court
2. Composition.
3. Qualification.
5 years as judge of High Court.
0r 15 Years as advocate.
4. Age of Retirmetn is 65 Years.
5. Achoc Judge.
6. Appointment.
7. Powers and Functions of Supreme Court Article 184 =Original Jurisdiction
a. Appellate Jurisdiction.
b. Original Jurisdiction.
c. Advisory Jurisdiction.
d. Review Power.
e. Protection of Fundamental Rights.
f. To issue Direction.
g. Interpretation of Constitution.
h. Rules of Regulations.
i. Guardian of the Constitution.
j. Guardian of the Constitution.
k. Transfer of Case.
l. Suo Moto Jurisdiction.
8. Conclusion.

Q. Extraordinary Jurisdictions of High Court.


1. Introduction.
2. Composition.
3. Appointments
4. Qualification
Age=45 Years.
10 years as advocate of high court.
5. Oath of Office.
6. Retiring Age is 62 years.
7. Removal of Judges.
8. Powers and Functions.
The orders which a High Court may issue under Article 199 are also known as writs. They are the writs of
prohibition, mandamus, certiorari, habeas corpus and quo warranto. Prerogative Writs
The "prerogative" writs or writs based on privileges are a subclass of the group of writs, those that are to
be heard before regular cases on a court's docket except other such writs. The most common types of
prerogative writs are mandamus, certiorari, habeas corpus, procedendo, prohibito, and quo warranto,
although these technical names have not been prescribed in the constitution.
Writ of Mandamus

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Mandamus is a judicial remedy which is in the form of an order from a superior court to any subordinate
court, organisational or public authority to do or refrain from doing some specific act which that body is
obliged under the law to do or abstain from doing, as the case may be, and which is in the nature of public
duty and in certain cases of a statutory duty. It cannot be issued to force an authority to do something
against any statutory law.
Writ of Certiorari
Certiorari is a writ intending for seeking judicial review, currently means an order by a superior court
directing a lower court, tribunal, or public authority to submit the record in a certain case for review.
Writ of Habeas Corpus
Habeas corpus is a legal action through which a prisoner can be released from an unlawful custody or
detention. The remedy can be pursued by the prisoner or by another person coming to his / her assistance.
Habeas corpus originated in the English legal system, has historically been an important legal mechanism,
protecting rights of individual against arbitrary governmental action.
Writ of Procedendo
A writ of procedendo is a remedy where there is a delay in rendering a judgment that amount to a
abandonment or denial of justice. It is an order of a higher court to lower court, directing that court to
extract a delayed judgment. The writ does not specify as to what judgment the lower court must extract, it
merely orders the lower court to proceed to judgment. Rebuttal to comply with the writ may subject the
lower court to an excerpt for contempt.
Writ of Prohibiton
The Court may issue a writ of prohibition to prohibit the authority from acting in excess of its jurisdiction.
This writ is normally issued by a superior court to the lower court asking it not to proceed with a case
which does not fall under its jurisdiction.
Writ of Quo Warranto
The writ of quo warranto is issued against a person who claims or usurps a public office. Through this
process, the court inquires 'by what authority' the person supports his or her claim.

Other writs
Other writs include audita querela, capias, coram nobis, fieri facias, mittimus, ne exeat republica,
praemuire, scire facias, frrts and venire facias etc.
a. Original Jurisdiction.
b. Order of Habeas Corpus.
c. Order of Mandamus.
d. Order of Prohibition.
e. Quo warranto
9. Appellate Jurisdiction.
10. Supervision of Subordinate Courts.
11. Conclusion.

FEDERAL SHARIAT COURT


1. Introduction
Federal Shariat Court of Pakistan is a court, which has Power to examine and determine whether Laws of
the country according to Islamic injunctions or not. It consists of eight Muslim judges, and Chief Justice of
this court is from these eight Judges. Chief Justice of this Court is appointed by President of Pakistan and
other Judges of this court are appointed by President of Pakistan after consulting the Chief Justice of this
court.
2. Qualification
The Chief Justice shall be a person, who is or has been or is qualified to be a Judge of the Supreme Court
or who is or has been a Permanent Judge of a high Court.
3. Tenure
Tenure of Chief Justice and other Judges is for three years.
4. Resignation
The Chief Justice or judge may resign from their office by his hand writing application to the President of
Pakistan.
5. Jurisdiction of Federal Shariat Court
Following points are important for explanation of Jurisdiction of Federal Shariat Court.
5.1 Jurisdiction about Un-Islamic Laws
Federal Shariat Court possesses Jurisdiction to examines whether any law or Provision of Law is against
to injunctions of Islamic or not. Federal Shariat Court can exercise such Jurisdiction, either through its
own motion or on petition of a citizen of Pakistan.
5.2 Jurisdiction to decide a Law as a un-Islamic Law
Federal Shariat court possesses Jurisdiction to decide that any law or Provision of law is repugnant to
injunction of Islam.
5.3 Jurisdiction of Revision
Following point for jurisdiction of Revision

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5.3.1 Calling for and Examination of Record of a Case
Federal Shariat Court can call for and examine record of any case, which has been decided by an criminal
court in relation to enforcement of Hudood.
5.3.2 Suspension of Execution of any Sentence
While calling for and examining record of any case, which has been decided by any criminal court in
relation to enforcement of Hudood, Federal Shariat Court can suspend execution of any sentence.
5.3.3 Enhancement of any Sentence
Federal Shariat Court can enhance sentence in any case, Record of which is called for.
5.3.4 Release of an accused
While calling for and examining record of any case, which has been decided by any Criminal Court in
relation to enforcement of Hudood. Federal Shariat court can release an accused on bail.
6. Power and Procedure of Federal Shariat Court
Following point are important
6.1 Contempt of Court
Federal Shariat court has power to a high court to punish its own contempt.
6.2 Power of Review
Federal Shariat Court possesses power to review any of its own decisions or orders.
6.3 Framing of Rules
The Federal Shariat court can frame the Rules for the conduct of its own Proceeding.
6.4 Opinion of an Expert
The Federal Shariat can seek opinion of an expert on Islamic law.

6.5 Attendance of any Person


Federal Shariat Court has power to summon and enforce attendance of any person.
6.6 Discovery and Production of any Document
Federal Shariat Court possesses power to production of documents.
6.7 Evidence on Affidavits
Federal Shariat court has power to receive evidence on affidavits.
6.8 Issuing of Commissions
Federal Shariat Court possesses Power to issue commission for examination of documents.
6.9 No Court Fee
No court fee is payable in respect of any petition or application, which is made to Federal Shariat Court.
7. Conclusion
To conclude, it can be stated that no court, tribunal, Supreme Court or High Court can exercise power or
jurisdiction of Federal Shariat Court. Even a proceeding or matter, which is within power or jurisdiction
of Federal Shariat Court, can not be entertained by any other court, tribunal, supreme Court or High
Court.
Q. SUPREME JUDICAL COUNCIL
1. Introduction.
2. Composition
3. The Council shall consist of,
4. (a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
The five-member Supreme Judicial Council (SJC) chaired by the Chief Justice of Pakistan is the only
constitutional forum that has powers to remove judges of superior courts on different charges, but it
has rarely taken such extreme action since its creation under Article 209.

Q.QUALIFICATION AND DISQUALIFICATION OF MEMBERS OF PARLIAMENT.


1. Introduction.
2. Qualification Articles=62, Disqualification Articles 63 and 63-A.
3. Meaning of Qualification.
4. Qualifications.
a. Citizenship of Pakistan.
b. Age.
c. Character.
d. Not Convicted.
e. Not against the ideology of Pakistan.
f. Adequate Knowledge of Islamic Teachings.
5. Disqualifications.
a. Foreigner.
b. Unsound Mind.
c. Insolvent.
d. Retired from service.
e. Involve in unlawful actives

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f. Absconder.
g. Act of political parties.
h. Against sovereignty
i. Against judiciary.
j. Holds office for profit.
k. Opponent of Islamic Principles.
6. Conclusion.
Q. ISLAMIC PROVISION IN CONSTITUION OF PAKISTAN
1. Introduction.
2. Islamic Provisions.
a. Sovereignty of Allah.
b. Name of the State.
c. State Religion.
d. Definition of Muslim.
e. Promotion of Social Justice and Eradication of Social Evils.
f. Promotion of Islamic Teaching.
g. Protection of Islamic Teachings.
h. Strengthening Bonds with Muslim World.
i. Correct Publication of Holy Quran.
j. Qualification of President.
k. Qualification of Prime Minister.
l. Enforcement of Islamic Laws.
m. Ideology of Pakistan.
n. Elimination of interest.
o. Rights of Minorities
3. Critical Analysis.
4. Conclusion.
Q. EMERGENCY PROVISIONS
1. Introduction.
2. Meaning of Emergency.
3. Purpose of Proclaiming Emergency.
4. Nature of Emergency Powers (Executive Model and not legislative Model).
5. Emergency at last resort.
6. Time Bound Emergency.
7. Proclamation of emergency on account of war, internal disturbance, etc.
8. Power to suspend Fundamental Rights, etc., during emergency period.
9. Power to issue Proclamation in case of failure of constitutional machinery in a Province
10. Proclamation in case of financial emergency.
11. Revocation of Proclamation, etc.
12. Majlis-e-Shoora (Parliament) may make laws of indemnity, etc.
13. Critical Analysis.
14. Conclusion.

Q. Legislative Procedure under const. 1973


1. Introduction.
2. Meaning of Legislation.
3. The Constitution.
4. Types of Bills
a. Government Bill.
b. Private member bill.
c. Money Bill.
d. Constitutional Bill.
5. Procedure of legislation.
a. 70. Introduction and passing of Bills
i. Bill repugnant to Islam.
ii. Firtst Reading.
iii. Motion of consideration by member in charge.
iv. Reference to Committee.
V. Committees recommendations.
Vi. Second Reading and amendments.
VII.Third Reading.
VII. Voting.
Viii. Transmission of Bill to Other House.
Ix. Presentation before the Persident.
X. Publication in official Gazzete.

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b.  72. Procedure at joint sittings
c.  73. Procedure with respect to Money Bill
d.  74. Federal Government's consent required for
e. financial measures
f.  75. President's assent to Bills
g.  76. Bill not to lapse on prorogation, etc
h.  77. Tax to be levied by law only
i.  Federal Ordinances: Articles 89
j.  89. Power of President to promulgate Ordinances
6. Conclusion.
Q. GOVERNMENT OF INDIA ACT 1935.
1. Introduction.
2. Provincial Part.
i. Federation of India.
ii. Provincial Autonomy.
iii. Three lists.
iv. Provincial Legislatures.
v. Division of Financial Resources.
vi. Provincial Governors.
vii. Advice of council of ministers.
viii. Provinces of Sindh and Orrisa.
ix. Provincial Status to NWFP.
x. Provincial Franchise.
xi. Dyarchy was done away.
xii. Body of Advisors.
3. Federal Part
i. Bicameral Federal Legislature.
ii. Direct election for the council of state.
iii. Continuation of communal electorates.
iv. Special Powers of Governor General.
v. Introduction of Dyarchy.
vi. Defense, foreign affairs and Finance
4. Criticism on the Act.
i. Nominees of native rulers in Fedral Legislatures.
ii. Special and discretionary powers of Governors.
iii. Worse than Dyarchy.
iv. New Chapter of Slavery.
v. Thoroughly rotten, fundamentally bad and totally unacceptable.
5. Implementation of constitution and its effect.
6. Conclusion.
1. Historical Background
2. Introduction
3. Salient Features of Government of India Act,1935:
I. Comprehensive written constitution
II. Federation
III. Unitary constitution
IV. Diarchy at the Centre
V. Provincial Autonomy
VI. Responsible Government
VII. Extensive powers given to Governors and GovernorGeneral of India
VIII. Provinces-separate legal entities
IX. Federal Executive
X. Discretionary powers of Governors
XI. Federal Legislature
XII. Establishment of Federal court
XIII. 11 Governor Provinces
XIV. Creation of New Province of Sindh
XV. Creation of new Province of Orissa
XVI. Provincial Legislature
XVII. Checks on Legislature
XVIII. Method to join Federation
XIX. Jurisdiction of Federation
XX. Three Fold Division of Functions:
i. Federal
Faariya Imdad

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Pakistan College of Law
2
ii. Provincial
iii. Concurrent.
4. Conclusion.

Q. INDIAN INDEPENDENCE ACT 1947.


1. Introduction.
2. Indian Independence Act 1947.
3. Salient Features.
a. Partition of India.
b. Cessation of British Rules.
c. Interim Constitution.
d. Right to remain Member of Brtish Commonwealth.
e. Two Constitutional Assemblies.
f. End of the right of the King to veto.
g. Legislative Supremacy.
h. Termination of the Supremacy of the Crown.
i. End of the Title Emperor of India.
j. End of the office of Secretary of States.
k. Right of Dominion State.
l. Office of Governor General.
m. Agreement with the Tribes.
n. Option for Armed and Civil Servants.
4. Conclusion.
Q. SALIENT FEATURES OF CONSTITUTION OF PAKISTAN 1956.
1. Introduction.
2. Salient Features
i. Federal System.
ii. Provincial Autonomy.
iii. Electorate.
iv. Unicameral Legislature.
v. Free Judiciary.
vi. Election of President.
vii. Power of President.
viii. Fundamental Rights.
ix. Language.
x. Directive Principles of State Policy.
xi. Provincial Governments.
xii. Islamic Provisions.
xiii. Amendment Procedure.
3. Causes of the failure of 1956 Constitution.
i. Agitation against one unit resulting in criticism against 1956 constituion.
ii. Lack of leadership.
iii. Negative Role of Sikandar Mirza.
iv. Unsettled procedure of electorate.
v. Multiparty System.
vi. Postponement of elections.
vii. Lack of Political Training.
viii. Economic Instability.
ix. Lack of democratic values.
x. Imposition of Martial Law.
xi. Propaganda against constitution.
xii. Imposition of Presidential Rule in East Pakistan.
xiii. Failure of Parliamentary Form of Government.
xiv. Vested Interests.
xv. Extensive impacts of bureaucracy.
xvi. Frequent changes of Ministers.
xvii. Reduction in federal Lists.
xviii. Regional Loyalties.
xix. Lust for power.
4. Conclusion.
.Introduction
2. Date of Enforcement
3. Salient Features of 1956 constitution:

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I. Lengthy and Detailed
II. Comprised of
III. Islamic character of constitution
IV. Federal Government
V. Relations between Federation and Provinces
VI. Fundamental Rights
i. Equality
ii. Protection of life
iii. Liberty
iv. No retrospective punishments etc.
VII. Directive Principles of State policy
VIII. Parliamentary form of Government
IX. The President and Cabinet
X. Functions and powers of the President
XI. Federal Legislature
XII. Independence of Judiciary
XIII. Islamic Provisions
XIV. Emergency Provisions
4.Conclusion
Q. SALIENT FEATURES OF CONSTITUTION OF PAKISTAN 1962.
1. Introduction.
2. Features.
i. Presidential form of government.
ii. Election of President.
iii. Power of President.
iv. Removal of President.
v. Restrictions on the President.
vi. Role of Judiciary.
vii. Objective Revolution.
viii. Fundamental Rights.
ix. Legislatures.
x. Proclamation of Emergency.
xi. The speaker.
xii. Central council of minister.
xiii. Provincial Structure.
xiv. Islamic Provision.
3. Causes of Failures.
i. Creation of one person.
ii. Presidential dictatorship.
iii. Rectification of name.
iv. Against theory of separation.
v. Ban on political parties.
vi. Highly centralized structure.
vii. Economic instability.
viii. Restrictions on freedom and liberties.
ix. Dictatorship of Ayub's Party.
x. Ignoring of Idealogy of Pakistan.
xi. Basic Democrates.
xii. Product of Martial Law.
4. Conclusion.
Q. DIFFERENCES/COMPARISION BETWEEN 1956 AND 1973 CONSTITION.
1. Introduction.
2. Making of Constitutions.
3. Written Constitution.
4. Enforcement.
5. National Languages.
6. Parliament
7. Provinces.
8. Name of the State.
9. Amendment.
10. Government.
11. Distribution of Powers.
12. Principles of Policy.
13. Fundamental Rights.
14. Independence of Judiciary.

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15. Critical Analysis.
16. Conclusion.
Q. OBJECTIVE RESOLUTION.
1. Introduction.
2. Objective Resolution.
3. Salient features of Objectives Resolution.
a. Sovereignty of Allah.
b. Subjugation to Islamic Principles.
c. Islamic way of life.
d. Religious freedom of minorities.
e. Federal Form of Government.
f. Fundamental Rights
g. Independent of Judiciary.
h. Defense of Pakistan
i. Development of backward areas.
j. Democratic Country.
k. Equality of Citizens.
4. Conclusion.
Sovereignty of the entire Universe belongs to Allah alone
Authority should be delegated to the State trough its people under the rules set by Allah
Constitution of Pakistan should be framed by the Constituent Assembly
State should exercise its powers through the chosen representatives
Principles of democracy, freedom, equality, tolerance and social justice, as inshore by Islam should be
followed
Muslims shall live their lives according the teaching of Quran and Sunnah
Minorities can freely profess and practice their religion.
There should be Federal form of government with the maximum autonomy for the Units
Fundamental rights including equality of status, of opportunity and before law, social, economic and
political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law
and public morality should be given to all the citizens of the state.
It would be the duty of the state to safeguard the interests of minorities, backward and depressed classes.
Independence of judiciary should be guaranteed
Integrity of the territory and sovereignty of the country was to be safeguarded
The people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the
world and make their full contribution towards international peace and progress and happiness of
humanity.
Q. INTERIM CONSTITUTION OF 1972.
1. Introduction.
2. Preamble.
3. Features.
a. Islamic Republic of Pakistan.
b. Fundamental rights.
c. Safeguards in Respect of Access to Public Place, Service & Language.
d. Principles of Policy.
e. Federation.
f. Functions of the President.
g. Federal Legislatures.
h. Provincial Government.
i. Legislative Powers.
j. Judicature.
k. Chief Election Commissioner.
l. Islamic Institutions.
4. Conclusion.
Q.DOSSO'S CASE.
1. Introduction.
2. Facts.
a. End of 1956 Constitution.
b. Dissolution of Central Legislature.
c. Dissolution of Central Cabinet.
d. Dissolution of Provincial Legislature.
e. Dissolution of Provincial Cabinent.
f. Imposition of Martial Law.
g. Control of Legislative functions by Chief Martial Law Administrator.
h. Control of Administrative Powers.
i. Promulgation of Martial Law order 1958.

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j. Effect of order.
k. Restoration of the Court Jurisdiction.
l. Validated all laws.
3. Action by petitioner.
a. Writ of certiorari.
b. Write of Mandamus
4. Decision of High Court
5. Appeal to Federal Court.
6. Decision of the Federal Court.
a. Revolution a Way of changing the Constituion.
b. No Jurisdiction of Courts.
c. Validity of Frontier Crimes Regulation.
d. Effective Revolution.
e. Limited Functions of Court.
7. Conclusion.
Q. ASMA JILANI CASE.
1. Introduction.
2. Bench of Supreme Court.
3. PLD 1972 SC 139
(On appeal from the judgment and order of Lahore High Court, Lahore, dated the 15th January 1972, in
Writ Petition No. 1538 of 1971)
4. Facts.
i. Challenge of Malik Altaf Gauhar's Detention.
ii. Persons challenged the detention.
iii. Nature of Writ (Habeas corpus).
iv. Courts in which petition filed (Sindh and Punjab).
v. Law under which Mr. Altaf detained. (Martial law).
vi. Determination of judgement of Dosso's case.
vii. Question regarding the jurisdiction of High Court.
viii. Matter to be Inquired.
5. Decision of the Supreme Court.
i. No law for judges made by Kelsen.
ii. Kelsen's Theory Internationally not recognized.
iii. No theory in support of totalitarianism.
iv. Principle of effectiveness.
v. Municipal recognition.
vi. Observation in Dosso's case incorrect.
vii. Misapplication of Kelsen's Doctrine.
viii. Elimination of National Legal Order in an unlawful Manner.
ix. Invalidity of Martial Law Regulation 78
x. No annulment of Law by Martial Law.
xi. No power to Annul Constituion
xii. No effect of Presidential Order.
xiii. Government Must be Recognized of Dejure by Courts.
6. Conclusion
Q. MULVI TAMIZ-UDIN CASE.
1. Introduction.
2. Bench of Supreme Court.
3. Facts.
i. Dissolution of the constituent Assembly.
ii. Governor General dissolved cabinet in 1953.
iii. Reconstitution of the Council of Ministers.
iv. Action taken by Molvi Tameez-ud-din.
a. Writ Petition.
b. Numbers of writs.
i. Writ of mandamus
ii. Writ Quo Warranto.
4. Arguments given by the federation
i. Dissolution of assembly was right.
ii. No writ jurisdiction of the Chief Court.
iii. Invalidity of Section 223-A of Government of India Act 1935.
5. Decision of the Chief Court.
6. Appeal to Federal Court.
7. Decision of the Federal Court.
i. Governor General's Assent is necessary.

| P a g e 12
ii. Section 223-A of Government of India Act 1935 was not law.
iii. No Jurisdiction of Chief Court.
iv. Constituent Assembly has no sovereignty.
8. Effects of Decision.
9. Conclusion.
Q. NUSRAT BHUTTO V/S CHIEF OF ARMY STAFF.
1. Introduction.
2. Facts=detention of Mr. Zulifqar Ali Bhutto and ten other leaders of PPP.
3. Arguments by Yahya Bakhtiyar.
i. Allegation Against PPP.
ii. Action taken in Malafide Manner.
iii. No authority to impose Martial Law.
iv. The arrest of the Leaders was highly Discriminatory.
v. Violation of fundamental rights.
4. Arguments of A.K Brohi.
i. Petition against chief of army staff.
ii. No violation of fundamental rights.
iii. No Jurisdiction of court to Grant Relief
iv. Suspension of fundamental rights.
v. Displacement of Legal orders.
vi. Necessity for imposition of Martial Law.
5. Decision of Supreme Court.
i. Rectification of Objection.
ii. Kelsen's theory.
iii. Failure to Maintain Law and order.
iv. Extra constitutional step.
v. Arrangement of fair elections.
vi. Jurisdiction of order.
6. Conclusion.
EQUITY
1. Introduction:
2. What is Equity.
3. Definitions.
4. Origin of Equity
i. Anglo-Saxon times.
ii. Conservation of Judges.
iii. Prominence of feudalism in early English Law.
iv. Growth of Protestantism.
v. Need of improvement in Early Law.
a. Early Actions and procedure.
b. Inadequate remedies.
5. History of Equity.
i. Medieval Period
ii. Lord Nottingham Period.
iii. Modern Period.
6. Equity Supplementary to common Law.
a. Inflexible procedure in Common Law.
b. Inadequacy of remedy at Common Law.
c. Absence of relief in certain cases.
d. Creation of new rights.
e. Inventing new remedies.
f. Adopting new procedure.
7. Common Law Defined.
8. Common Law Courts v Chancery.
i. Jurisdictions of Courts of Chancery.
a. Exclusive.
b. Concurrent.
c. Auxiliary.
ii. Basis of Equity Jurisdiction.
a. Kings Prerogative.
b. Kings Conscience.
iii. Modes of enforcing Judgment.
iv. Powers of the Chancery.
9. Fusion of Law and Equity.
10. Equity in Pakistan.

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i. Contract Act.
ii. Trusts Act.
iii. Transfer of Property Act.
iv. Negotiable Instruments Act.
v. Easement Act.
vi. Specific Relief Act.
11. Concluion.
Q. Ubi Jus Ubi Remediumj. Where there is a right there is a remedy.
1. Introduction.
2. Evolution of Maxim.
3. Interpretation of Maxim.
4. Definition.
i. Blacks Law: "an established principle or proposition. A principle of law universally admitted
as being correct statement of the law or as agreeable to make reason.
ii. Maxims are the proverb.
5. Explanation.
i. Illustration.
6. Relevant Maxim.
7. Leading Cases
i. Asbhy v. White.
ii. Smith's case.
8. Relevant Case Law.
9. Juristic View.
Snell=it was on this maxim that the court of chancery based its interference to enforces uses and trusts.
10. Explanation.
11. Essentials.
i. Infringement of legal rights.
ii. Right should be recognized.
12. Explanation.
13. Practical Application.
i. Right to vote
ii. Uses and trusts.
iii. Mortgagor's Equity.
iv. Action against trustee.
v. Other matters.
14. Limitations.
i. Breach of Moral Rights.
ii. Jurisprudence of Common Law Courts.
iii. Negligence.
15. Exceptions.
i. Rights and duties within the domain of law.
ii. Moral infringement of rights.
16. Recognitions in Pakistan.
i. The Trust Act.
ii. Section 09 of the code of civil procedure.
iii. The specific relief Act.
17. Conclusion.

Q. Where equities are equal the first in time shall prevail.


1. Introduction.
i. The concept of priority.
2. Evolution of Maxim
3. Interpretation of Maxim.
4. Definition.
5. Explanation.
i. The concept of priority in detail.
6. Relevant Maxim.
i. Where equities are equal the first in time shall prevail.
7. Condition for getting priority.
i. Legal bona fide purchaser without notice.
ii. Oldest equitable interest.
iii. Others.

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8. Leading Cases
i. Rice vs Rice
9. Relevant Case Law.
i. Dearle vs Hall.
ii. Cave vs Cave
10. Juristic View.
i. Vice Chancellor Kindrsley= As between persons having only equitable interests if their
equities are in all other respects equal, priority to time give the better equity.First made, first
paid.
11. Explanation.
12. Doctrine of Notice.
13. Essentials.
a. Legal estate and equitable estate.
b. If there is no sufficient ground.
14. Explanation.
15. Practical Application.
a. Conveyance to Two Different Persons.
b. Two Legal Mortages.
c. Lease and Mortgage Rights.
d. Satisfaction of Two Claimants.
16. Limitations.
a. Knowledge of Prior Assignment.
b. Last Resort.
c. Meritorious and Stronger Equity.
17. Exceptions.
i. Registered dead has priority over unregistered.
ii. Fraud, misrepresentation or gross negligence.
18. Recognitions in Pakistan.
Section 48 of Transfer of Property Act.
19. Conclusion.
Q. EQUITY ACTS IN PERSONAM
1. Introduction.
2. Evolution of Maxim
3. Interpretation of Maxim.
4. Definition.
i. Hanbery.
5. Explanation.
ii. The concept of rem and persona.
iii. The Concept of Court Jurisdiction.
6. Relevant Maxim.
ii. Equity acts in persona not in rem.
7. Conditions for suit against persona.
i. Defendant himself is within the jurisdiction.
ii. There should be equitable rights.
iii. Immoveable Property.
8. Leading Cases
ii. Ewing v. Orr Ewing.
9. Relevant Case Law.
iii. Penn v Lord Baltimore.
10. Juristic View.
11. Explanation.
12. Doctrine
13. Essentials.
14. Explanation.
15. Practical Application.
i. Execution in persona.
ii. Writ of sequestration.
iii. Orders Necessary to compel the defendant.
iv. Orders restraining uncondcientious Proceedings.
v. Extra-territorial Justricition.
16. Limitations.
i. Plaintiff must have an equitable right of remedy.
17. Exceptions.
18. Recognitions in Pakistan.
i. Proviso to Section 16 of the Civil Procedure Code.

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19. Conclusion.

Q. EQUIT LOOKS INTENT RATHER THAN FORMS.


1. Introduction.
2. Evolution of Maxim
3. Interpretation of Maxim.
4. Definition.
i. Romily Mr.
5. Explanation.
I. Actual intention of Parties
6. Relevant Maxim.
7. Conditions
8. Leading Cases
9. Relevant Case Law.
10. Juristic View.
11. Explanation.
12. Doctrine
13. Essentials.
14. Explanation.
15. Practical Application.
i. Construction of written Instruments.
ii. Avoidance of Technicalities.
iii. Expiry of time for completion of sale.
iv. Separable Transanctions.
v. Relief against penalties and forfeitures.
vi. Precatory Trusts.
vii. Relief in regard to Mortages.
viii. Attitude in Regard to statue of frauds.
16. Limitations.
17. Exceptions.
18. Recognitions in Pakistan.
Section 114 of the Transfer of Property Act.
Section 74 of the Contract Act.
Section 60 of TPA.
Section 55 & Section 91.
19. Conclusion.
Q. DELAY DEFEATS EQUITY.
1. Introduction.
2. Evolution of Maxim.
3. Interpretation of Maxim.
4. Definition.
i. Blacks Law: "an established principle or proposition. A principle of law universally admitted
as being correct statement of the law or as agreeable to make reason.
ii. Maxims are the proverb.
5. Explanation.
i. Illustration.
6. Relevant Maxim.
Delay defeats Equity.
7. Leading Cases
i. Smith V. Clay 1767
8. Relevant Case Law.
Lindsay Petroleum Co. v Hurd
9. Juristic View.
Lord Landen says that a court of equity has always refused its aid to stale demands where a party has
slept upon his right and acquiesced for a great length of time.
10. Explanation.
11. Essentials.
12. Explanation.
13. Practical Application.
i. Case not covered by statutes of limitatins.
ii. Laches.
iii. Acquiesce.
iv. Bills of Injunctions.
v. Other cases.
14. Limitations.

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i. Where the law of limitation expressly applies.
ii. Where it applies by analogy.
iii. Where the law of limitation does not apply but the cases are governed under the ordinary rules
of laces.
15. Exceptions.
16. Recognitions in Pakistan.
i. Limited Scope.
ii. The principle of this maxim has been embodies in Civil Procedure coder 1908.
17. Conclusion.

Q. HE WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS


1. Introduction.
2. Evolution of Maxim.
3. Interpretation of Maxim.
4. Definition.
i. Blacks Law: "an established principle or proposition. A principle of law universally admitted
as being correct statement of the law or as agreeable to make reason.
ii. Maxims are the proverb.
5. Explanation.
i. Illustration.
ii. What is clean hand.
a. Knowledge, willfulness and intent.
b. Silence.
c. Similar but distinict Misconduct.
d. Conduct during or with respect to suit.
6. Relevant Maxim.
Who comes to equity must come with clean hands.
7. Leading Cases
a. Overton v Banister.
8. Relevant Case Law.
9. Juristic View.
10. Explanation.
11. Essentials.
12. Explanation.
13. Practical Application.
a. Improper Acquis ion of Land.
b. Divorce and Separate Maintenance.
c. Illegal Transanctions.
d. Unauthorized use of Trademark.
e. Minor Inducement to Breach of Trust.
f. Wrong against third person or public.
g. Fraud or creditors.
14. Limitations.
a. Conduct of Adversary.
b. Public Policy.
c. Relation of Misconduct to subject matter of suit.
d. Relation of Misconduct to Defendant.
e. Repentence.
15. Exceptions.
a. Conduct must have an immediate and necessary relation to the equity sued for.
b. Transaction is itself unlawful.
16. Recognitions in Pakistan.
a. Trust Act.
b. Specific Relief act.
17. Conclusion.
Q. WHERE EQUITIES ARE EQUAL, LAW SHALL PREVAIL.
1. Introduction.
2. Evolution of Maxim.
3. Interpretation of Maxim.
4. Definition.
iii. Blacks Law: "an established principle or proposition. A principle of law universally admitted
as being correct statement of the law or as agreeable to make reason.
iv. Maxims are the proverb.
5. Explanation.
6. Relevant Maxim.

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7. Leading Cases
Dunken Vs. Guess
8. Relevant Case Law.
Thorndike vs Hunt
9. Juristic View.
10. Explanation.
11. Essentials.
12. Explanation.
13. Practical Application.
a. Conveyance to Two Different Persons.
b. Prior Legal and Subsequent Equitable.
c. Multiple Securities.
d. Prior Equitable and Subsequent Legal.
e. Money claims.
f. Bona fide Purchaser with Notice.
14. Limitations.
a. Doctrine of Notice.
b. Fraud Estoppel and Gross Negligence.
15. Exceptions.
16. Doctrines.
a. Election.
b. Marshalling
c. Sett off.
17. Recognitions in Pakistan.
a. Section 40 and 78 of the TTP 1882.
18. Conclusion.
Q. EQUITY LOKS UPON THAT AS DONE WHICH OUGHT TO HAV BEEN DONE.
1. Introduction.
2. Evolution of Maxim.
3. Interpretation of Maxim.
4. Definition.
i. Blacks Law: "an established principle or proposition. A principle of law universally admitted
as being correct statement of the law or as agreeable to make reason.
ii. Maxims are the proverb.
5. Explanation.
6. Relevant Maxim.
7. Leading Cases
Walsh v Lansdale
8. Relevant Case Law.
9. Juristic View.
10. Explanation.
11. Essentials.
12. Explanation.
13. Practical Application.
a. Time of Performance
b. Fraud or Misrepresentation.
c. Defective instrument and Records.
d. Lease Agreements.
e. Doctrine of Conversion.
f. Executory Contracts.
g. Doctrine of Part Performance.
14. Limitations.
a. To make a contract for a deceased person.
b. Where its enforcement inflicts injury to innocent third party.
c. To create a right contrary to the agreement of the parties.
d. To create a right in disregard of essential conditions.
e. Where it s applied so as to nullify the express provision of a statutes.
15. Exceptions.
16. Doctrines.
17. Recognitions in Pakistan.
a. TPA.
b. Specific Relief Act.
c. Trust Act.
18. Conclusion.
Equity Paper Pattern

| P a g e 18
1. Introduction
2. Evolution.
3. Interpretation of the Maxim.
4. Definitions.
5. Explanation.
6. Relevant Maxim.
7. Leading Cases.
8. Relevant Case Law.
9. Juristic View.
10. Explanation.
11. Essentials.
12. Practical Applicability.
13. Limitations.
14. Exceptions.
15. Recognition.
16. Conclusion.

Q. Nature, History, origin and development of Law of Equity.


1. Introductions.
2. Meaning.
3. Definitions of Equity.
4. Historical Background.
5. Medieval Period.
i. Kings Council.
ii. Court of Chancellery.
iii. Jurisdiction of Court Chancellery.
6. Period of Lord Nottingham (1673-82)
7. Modern Period.
I. Judicature Act 1873
II. Fusion of Law and Equity.
8. Distinction between common law and Equity.
9. Nature of Law of Equity.
10. Fundamental Principles of Equity.
11. Conclusion.
Q. WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS
1. Introduction
2. Evolution.
3. Interpretation of the Maxim.
4. Definitions.
Blacks Law Dictionary(Maxim): An established principle or proposition. A principle of law universally
admitted as being correct statement of the law or as agreeable to make reason.
Salmond(Maxim): Maxim is the proverb.
B.M Ghandi (Maxim): The maxim indicates the disciplines which the chancery courts observed while
administering Justice.
5. Explanation.
6. Relevant Maxim.
Ex turpi causa non oritur actio.
7. Leading Cases.
Highway robbery case: The equity court refused to help them not only this but their solicitor was taken
into custody, fine and imprisonment till payment of the counsel who signed the will.
8. Relevant Case Law.
9. Juristic View.
Snell: Equity will not provide relief to inequity.
10. Explanation.
Illustration A: Minor files suit against his agent on attaining the majority for an act of concealment of
his age by him during minority.
Illustration B: Highway Robbery.
11. Essentials.
Undue Advantage, Fraud, Illegality., Knowledge, willfulness and intent. Silence, Distinict Misconduct,
Necessity of injury.
12. Practical Applicability.
Improper Acquisition of Land.
Divorce and Separate Maintenance.
Illegal Transactions.
Unauthorized use of trade mark.

| P a g e 19
Minor Inducement to Brach of Trust.
Wrong against third person.
13. Limitations.
Conduct of Adversary.
Public Policy.
Relation of Misconduct to subject matter of suit.
Relation of Misconduct to Defendant.
Repentance.
14. Exceptions.
The General depravity.
Unlawful transaction.
15. Recognition in Pakistan.
Section 78 of Transfer of Property Act embodies the maxim. Claiming of priority on the basis of fraud.
Trust Act.
Specific Relief Act.
16. Conclusion.
Q. DELAY DEFEATS EQUITY.
1. Introduction
2. Evolution.
3. Interpretation of the Maxim.
4. Definitions.
5. Explanation.
Equity aids the vigilant not the indolent.
6. Relevant Maxim.
7. Leading Cases.
Bombay Case 1925: Relief could only be granted if period not expired.
8. Relevant Case Law.
PLD 2009 Lahore 52: Equity aids the vigilant not the indolent.
9. Juristic View.
Lord Landon: Equity will not refuse a remedy if plaintiff acted in good faith.
10. Explanation.
11. Essentials.
Time must be specially provided.
Time must be expired completely.
Delay must by unjustified.
12. Practical Applicability.
Bills of Injunctions.
Trust.
13. Limitations.
Plaintiff was not aware of his rights.
Fraud was committed.
Delay was justified.
14. Exceptions.
Statutes of Limitations.
15. Recognition.
SRA Section 22:
Section 53-TPA
Limited Scope.
16. Conclusion.

Q. EQUITY ACTS IN PERSONAM.


1. Introduction
2. Evolution.
3. Interpretation of the Maxim.
4. Definitions.
5. Explanation.
6. Relevant Maxim.
7. Leading Cases.
Penn v. Baltimore=Specific Performance, Ewing v. Orr Ewing=Administration of foreign estate.
8. Relevant Case Law.
9. Juristic View.
10. Explanation.
Hanbery. This maxim being descriptive of the Equity Courts procedure covrs a large potion of its
procedural and remedial action.
11. Essentials.

| P a g e 20
12. Practical Applicability.
Execution in Personal.
Writ of Sequestration.
Orders Necessary to compel the Defendant.
Orders restraining unconscientious Proceedings.
Extra-Territorial Jurisdiction.
13. Limitations.
Plaintiff must has equitable rights.
14. Exceptions.
15. Recognition.
Limited.
Section 16 of CPC.
16. Conclusion.
Q. EQUALITY IS EQUITY.
1. Introduction
2. Evolution.
3. Interpretation of the Maxim.
4. Definitions.
5. Explanation.
6. Relevant Maxim.
7. Leading Cases.
Jackson v Dickson
8. Relevant Case Law.
9. Juristic View.
Snell: In absence of any sufficient reasons for any other basis of division those who are entitled to
property should have the certainty and fairness of equal decision for equity did delight in equality.
10. Explanation.
Impartiality and proportionate equality.
Presumption of tenancy in common.
Severance of Joint Tenancy.
Equal Divisions.
Survivorship.
Illustrations
11. Essentials.
12. Practical Applicability.
Common Funds and Common Creditors.
Joint Tenancy.
Tenancy in Common.
Joint Purchase in Unequal Shares.
Joint Loan on Mortgage.
Purchase by Partners.
Equal Distribution.
Contribution between Debtors.
13. Limitations.
Restricted in its application to situations or conditions where the parties are on the same footings.
14. Exceptions.
15. Recognition.
Partnership Act.
No difference between common and joint tenancy.
Succession Act.
Transfer of Property Act.
Contract Act.
Trust Act.
16. Conclusion.
Q. UBI JUS IBI REMEDIUM.
1. Introduction
2. Evolution.
3. Interpretation of the Maxim.
4. Definitions.
5. Explanation.
6. Relevant Maxim.
7. Leading Cases.
Ashby v. White-Returning officer refused the voter to cast the vote.
8. Relevant Case Law.
9. Juristic View.

| P a g e 21
Snell: It was on this maxim that the court of chancery based its interference to enforce uses and trusts.
10. Explanation.
11. Essentials.
12. Practical Applicability.
Rights of Votes.
Uses and Trusts.
13. Limitations.
14. Exceptions.
15. Recognition.
16. Conclusion.

SPECIFIC RELIEF ACT


Q. What is Specific Relief and how it is granted by Courts.
1. Introduction
2. Meaning of Specific Relief.
3. Illustration.
4. Scope of Act.
5. Nature of Specific Relief
6. How Specific Relief is granted u/s 05
i. Recovery of Possession (Section 08-11) 5(a)
ii. Specific Performance (Section 12-30) 5(b)
a) Contracts which cannot be specifically enforced.
b) Discretion.
iii. Rectification of Instrument (Section 34-37).
iv. Rescission of Contracts (Section 35 to 38)
v. Cancellation of Instrument (Section 39-41).
vi. Declaration (Section 42-43) 5(d)
vii. Appointment of Receiver (Section 44) 5(e)
viii. Mandamus (Section 45-51)
ix. Injunctions (Section 52-56) 5(c)
a) Injunctions—Interlocutory and Perpetual
b) Perpetual Injunction when granted (Section 54).
c) When Injunction will not be granted (Section 56)
d) Mandatory Injunction.
e) Injunctions, Matter of discretion.
f) Restraining breach of negative covenants.
g) Injunction to restrain libel.
h) Light and air cases.
i) Nuisance.
j) Trade Mark
k) Patent.
l) Copyrights
7. Conclusion.
__________________________________________________________

Q. INJUNCTIONS.
1. Introduction.
2. Meaning of Injunctions.
3. Injunction as Preventive Relief 5(c)
4. object of an injunction.
5. Kinds of Injunctions.
I. Temporary
II. Permanent
III. Mandatory.
6. Difference b/s temporary and permanent Injunctions.
i. Restraint.
ii. Conclusion.
iii. Time of granting
7. Injunction is granted at the discretion of the court.
8. Preventive relief how granted (Section 52)

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9. Temporary Injunctions (Section 53)
Under Code of Civil Procedure, 1908 (V of 1908) rule 1& 02
i. Rule 01 (danger of being waster, damaged, alienated or wrongfully sold; defendant threatens)
ii. Rule 02. (Restraining defendant from breaching any contract.)
10. Perpetual Injunctions.
Essentials of Perpetual Injunctions when to grant.
i. Obligation must be a Legal Obligation.
ii. Contractual Obligation.
iii. Injunction to perform negative agreement.
iv. Where the defendant invades.
11. Perpetual Inunction when granted (Section 54)
I. To prevent the breach of an obligation.
a. To restrain B from digging in violation of his contract. The object of injunction is to
maintain the contract in its integrity.
b. Director of company exercise unauthorized authority, Shareholders can obtain injunction.
c. Directors want to change line of business. Shareholders can obtain injunction.
II. When the defendant invades or threatens to invade.
Cases of Refusal
I. Where the defendant is trustee of the property.
a. Trustee breaches the trust. For enforcement of an obligation co-trustee and beneficiaries
can obtain injunctions to restrain the trustee from doing an act not authorized by the trust
instrument.
b. Executor is putting the property in danger. The court can grant injunction.
c. Imprudent sale by trustee. The beneficiaries can obtain injunction.
II. Where there are not standard for ascertaining the actual damage.
a. settlement.
b. Advocate threat to publicize the papers of his client. The client can obtain injunction
against his council.
c. Fiduciary relationship between legal and medical advisor.
d. Alteration during Lease.
e. Act causing irreparable damage by sowing restrictive seeds.
f. A partner is threating a partnership.
g. Imprudent destruction to property by a Hindu woman.
h. To restrain acts of trespass.
i. Exclusive Rights.
j. Trespass under the color of title.
k. Nuisance.
l. Patents.
m. Copyrights.
n. Tademarks.
III. When pecuniary compensation could not afford adequate relief.
IV. When to prevent a multiplicity of judicial proceedings.
a. Individual suits to claim right of way.
12. Mandatory Injunction (When to prevent the breach of an obligation, It may be perpetual and
temporary)
i. Mandatory Injunctions in cases of Contracts.
ii. Mandatory injunctions in cases of Torts.
iii. Court competent to order demolition.
13. Injunctions when Refused.
1. Injunction when refused (Section 56).
The injunction cannot be granted to prevent the breach of contract the performance of which cannot
specifically be enforced. (Delay, hardship, inconvenience)
i. To stay a judicial proceeding.
ii. To stay proceeding in court.
iii. To restrain from applying any legislative body.
iv. Interfere with the public duties.
v. To prevent breach of contract.
vi. To prevent nuisance that is not really a nuisance.
vii. When relief can be obtained by other usual mode.
viii. Inequitable conduct of the plaintiff.
ix. When applicant has not personal interest.
x. Personal Services.
2. Injunction to perform negative agreement.
i. Goodwill.
Conclusion

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______________________________________________________________

Q. DECLARATION.
1. Introduction.
2. Meaning
3. Object of declaration.
4. Declaration (Section 42).
i. Legal Character of which plaintiff is entitled.
a. Legal Character.
ii. Right to any property
iii. Against Person denying or interested to deny.
iv. Illustrations.
5. Essentials for Granting Declaration.
i. Plaintiff must be entitled.
ii. Present existing interest.
iii. Present danger or detriment.
6. Declaration cant granted for.
i. Abstract Rights.
ii. Sentiments.
iii. Status.
iv. Adverse possession.
v. Suit for declaration—competency.
vi. Suit for declaration that contract still subsists.
vii. Suit for refund of earnest money
viii. Contract Extension of time.
7. Bar to such declaration.
i. Declaration is binding only on the parties to the suit.
ii. Persons Claiming through them.
iii. If parties are trustees.
8. Effect of declaration.
9. Conclusion.

Q. Procedure for recovery of possession


1. Introduction.
2. Definition of Possession.
i. Definition of immoveable property.
ii. What is due course of Law.
3. Object of Possessory Relief
4. Recovery of specific immovable property: (Section 08)
5. Essentials.
a. A person.
b. Entitled to Possession.
c. Specific Immoveable Property.
6. Manner Prescribed by C.P.C.
a. Suit for ejectment.
b. Suit for declaration of right
7. Suit by person dispossessed by immovable property: (Section 09)
8. Essentials.

| P a g e 24
a. Any person.
b. Dispossessed.
c. Otherwise than in a due course of Law.
d. Without his consent.
e. Dispossession from immoveable property.
9. Limitations.
i. Period of 06 months.
ii. No illegal procession.
iii. Trespasser.
iv. No appeal or review.
10. Exceptions.
i. Not against Governments.
ii. No bar to detailed procedure.
11. Who can sue.
12. Remedies.
13. Conclusion.

i. Recovery of Specific movable property (Section 10)


a. The title deed.
b. Pledge
c. Letters.
d. Finders of Goods.
e. Warehouse-keeper.
ii. Liability of person in possession, not as owner, to deliver to person entitled to immediate
possession: (Section 11)
a. Thing held by the defendant.
b. When compensation in money is not adequate relief.
c. Shen it is difficult to ascertain the actual damage.
d. Thing wrongfully transferred.
iii. Conclusion.
______________________________________________________
Q. Specific Performance of Contracts.
1. Introduction.
2. Meaning.
3. Definitions.
i. Halsbury's Laws of England.
ii. Black's Law Dictionary.
4. Contract.
i. Unregistered Documents.
5. General Principles for Granting Specific Performance.
i. Remedy in Persona.
ii. Remedy of damages inadequate.
iii. Reciprocal Remedy.
iv. Enforceable Contract.
v. Contracts without considerations.
vi. No Part Performance.
vii. Discretionary Remedy.
viii. Contract of Personal Services.
ix. Continuous Supervision.
x. Sale of Goods Cases.
xi. Specific Performance Refused.
6. Cases in which specific performance enforceable: (Section 12).
a. Trust.
b. When there is no standard for ascertaining the actual damage.
c. When pecuniary compensation for non-performance is not adequate relief.
d. Pecuniary compensation can't be got for the non-performance.
7. Contract of which the subject has partially ceased to exist.
8. Specific performance of part of contract where part unperformed is small (Section 14)
9. Specific performance of part of contract where part unperformed is large. (Section 15)
10. Specific performance of independent part of contract (Section 16)
11. Bar in other cases of specific performance of part of contract (Section 17).
12. Purchaser's rights against vendor with imperfect title (Section 18)
a. If vendor or lessor has subsequent interest in the property, purchaser or lessee may compel him to
make good the contract out of such interst.
b. Where the concurrence of other persons is necessary.

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c. Where the property is mortgaged.
d. Return of Deposit and lien for such deposits.
13. Power to award compensation in certain cases.
14. Liquidation of damages not a bar to specific performance (Section 20).
Conclusion.
Q. CONTRACTS NOT SPECIFICALLY ENFORCEABLE.
1. Introduction.
2. Contracts not specifically enforceable (Section-21).
i. A contract of which compensation is an adequate relief.
ii. Minute contracts dependent on personal qualifications.
iii. Contracts without reasonable certainty.
iv. Revocable contracts.
v. Contract by trustees in excess of their powers.
vi. Contract by promotors of companies in excess to their powers.
vii. Contracts of continues duty more than three years from its date.
viii. Contracts in which material parts cease to be exist.
Q. THE RECTIFICATION OF INSTRUMENT
1. Introduction.
2. When instrument may be rectified (Section 31).
i. Fraud or mutual mistake.
ii. Uncertainty of Contract.
iii. Institution of suit to have the instrument rectified.
iv. If the court is satisfied.
v. Court's desecration.
3. Presumption as to intent of parties (Section 32).
4. Principles of rectification (Section 33).
5. Specific enforcement of rectified contract (Section 34).
Q. THE RESCISSION OF CONTRACT
1. Introduction.
2. When rescission may be adjudged (Section 35).
i. Where the contract is voidable or terminable by the plaintiff.
ii. Where the contract is unlawful.
iii. Where there is a default.
3. Rescission for mistake (Section 36)
4. Alternative prayer for rescission in suit for specific performance (Section 37).
5. Court may require party rescinding to do equity (Section 38).
Q. THE CANCELLATION OF INSTRUMENTS.
1. Introduction.
2. When cancellation may be ordered (Section 39).
a. Written instrument is void or voidable.
b. Apprehension of serious injury.
c. Communication of copy of decree for cancellation.
3. What instruments may be partially cancelled (Section 40).
4. Powers to require party for whom instrument is cancelled to make compensation. (Section 41).

Q. CREATION OF TRUST. (Section 06)


1. Introduction.
2. Meaning of Trust.
3. Relevant Provisions (Section 06).
4. Definition of Trust.
Halsbury:
Coke.
Mr. Justice Story.
Becon (A trust is the binding of the conscience of one to the intention of another)
Henbury( A trust is the very center and kernel of equity)
5. Elements of Trust
i. Trust is an obligation.
ii. Annexed to the ownership.
iii. Arising out of confidence.
iv. Fort the benefit of beneficiaries.
6. Parties to the Trust
i. Author/Testator.
ii. Trustee
iii. Beneficiaries.

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7. Essentials of Trust.
a. Intention of the Author.
b. The Purpose of the Trust.
c. The Specific beneficiaries.
d. Certain property.
e. Subject to section 05. (non-testamentary registration).
8. Purpose of Trust Section 04
a. Not forbidden by law.
b. No repugnant to any law.
c. No Fraud.
d. Immoral
9. Certainties for a valid trust
i. Certainty of Words.
ii. Certainty of subject matters.
iii. Certainty of Object.
iv. Effect of absence of certainties.
10. Requisites of a valid trust.
i. No technical expressions are needed.
ii. Property must be transferred/declared.
iii. Written, signed and registered.
11. Who may create trusts (Section 07).
i. Every person competent to contract.
ii. With the permission of court in case of minor.
12. Subject of Trust (Section 08).
i. Property transferable to beneficiary.
13. Who may be beneficiary (Section 09)
i. Every person capable of holding property
ii. Disclaimer by beneficiary.
14. Who may be trustee (Section 10)
i. Every person capable of holding property.
ii. U/s 60 by beneficiaries
iii. No one bound to accept trust.
iv. Acceptance of trust.
v. Disclaimer of trust.
15. Distinction b/w Trust and Waqf.
16. Conclusion
Q. POWERS AND DUTIES OF TRUSTEE
1. Introduction.
2. Relevant Provisions (Section 11 to 22)
3. Who is Trustee
DUTIES
1. Trustee to Execute Trust.
2. He must inform himself about the property.
i. Nature of Property
ii. State of Property
3. He must protect the title.
4. He must not establish adverse title.
5. He must exercise reasonable care.
6. He must convert perishable security.
7. He must be impartial.
8. He must prevent waste.
9. He must be ready with accounts/information.
10. He must invest in authorized securities.
LIABILITIES
1. Liability for breach of trust.
i. Liable to pay interest where actually received.
ii. Unreasonable delay in paying trust money.
iii. Where interest has not been received.
iv. Where he may be fairly presumed to have received interest.
v. Failure to invest trust money.
vi. Employment of trust property.
2. No set-off is allowed to trustee.
3. Non-Liability for predecessor's default.
4. Non-liability for co-trustee's default.
i. Delivery of trust property without proper application.

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ii. Fails to make due enquiry as to the co-trustee.
iii. Where breach of trust conceals.
5. Several liability of co trustees.
i. Joint Liability.
ii. Contribution.
6. Non-liability of trustee paying without notice.
7. Where beneficiary's interest is forfeited.
8. Indemnity of Trustees.
RIGHTS
1. Right to title deed.
2. Right to reimbursement of expenses.
i. Right to recouped for erroneous Over payment.
3. Trustee has lien or charge on the estate as security.
4. Trustee has right to indemnity.
5. Trustee has right to get the directions of the court.
6. Trustee has power to sell trust property if so empowered.
7. Trustee has discretion regarding investment.
8. Trustee has right to demand settlement of accounts.
POWERS (Section 37-45)
1. General authority of Trustee.
2. Powers to sell if empowered
3. Powers to sell under special conditions.
4. Power to Convey.
5. Power to vary investment.
6. Powers to apply property of minor.
7. Powers to give receipts.
8. Power to compound etc.
Conclusion.

Q. REVOCATION AND EXTINCTION OF TRUST


1. Introduction.
2. Meanings.
3. Relevant Provision
Extinction (Section 77)
1. When its purpose is completely fulfilled.
2. When its purpose becomes unlawful.
3. Impossibility of the fulfilment of the purposes.
4. When the trust is being revocable.
5. Termination in case of emergency.
Revocation (Section 78)
1. If a trust is created by will it can be revoked at the pleasure of the author of the trust.
2. If created otherwise.
i. By the consent of beneficiaries.
ii. By the Author.
a. Revocation of Trust by Will
b. Where creation of Trust is Incomplete.
c. Where no Method is Specified.
d. By specified method.
iii. When the trust is for payment of the debt.
iv. Rescission and Reformation.
a. Fraud.
b. Mental Incapacity.
c. Undue Influence.
d. Mistake.
e. Failure of Consideration.
f. Conditional Gift.
v. Expiration of Period for Which Trust is Created.
i. Trust to pay income for life.
ii. Payment up till certain age.
iii. Certain Years.
iv. Subsistence of marriage.
3. Revocation not to defeat.
Conclusion.
Q. KINDS OF TRUST.
1. Introduction.

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2. Meaning
3. Definition of a Trust.
4. Kinds of Trust.
i. Constructive Trust. (is created by operation of law.)
ii. Executory Trust (Where a further instrument is necessary to carry into effect).
iii. Express Trust:
iv. Implied Trust.
v. Voluntary Trust.
vi. Executed Trust.
vii. Private Trust.
viii. Public Trust.
ix. Secret Trust.
x. Precatory Trust.
xi. Mixed Trust.
xii. Simple Trust.
xiii. Special Trust.
xiv. Ministerial Trust.
xv. Discretionary Trust.
Conclusion.

Q. VACATION OF OFFICE OF TRUSTEE.


1. Introduction.
2. Meaning of Trusts.
3. Definition.
4. Relevant Provisions (Section 70)
5. How the office of Trustee vacated
i. By Death.
ii. By Discharge from Office.
a. Modes of Discharge (Section 71).
i. By extinction of the trust.
ii. By the completion of his duties under the trust.
iii. By means prescribed by the instrument of trust.
i. Retirement.
iv. By appointment of new trustee under this act.
i. Appointment by Court.
ii. Appointment by Authorized Persons.
v. By the consent of trustee and beneficiaries
vi. By the court.
6. Conclusion.

Q. THE RIGHTS AND LIABILITIES OF THE BENEFICIARY.


1. Rights to rents and profits.
2. Rights to specific execution-Right to transfer of possession.
3. Right to inspect and take copies of instrument of trust, accounts etc.
4. Right to transfer beneficial interests.
5. Right to sue for execution of trust.
6. Right to proper trustees.
7. Right to compel to any act of duty.
8. Wrongful purchase by trustee.
9. Following trust property into the hands of third person.
10. Saving of rights of certain ternferees.
11. Acquisition by trustee of trust property wrongfully converted.
12. Right in case of blended property.
13. Wrongful employment by partner-trustee of trust property for partnership purposes.
14. Liability of beneficiary joining in breach of trust.
15. Rights and libilities of beneficiary's transferee.
Q. ESSENTIALS AND KINDS OF PARTNERSHIP
1. Introduction.
2. Definition (Section 04).
3. Essentials.
i. An agreement.
a. Unreleased provisions of the Contract Act 1872 (Section 03).
ii. Agreement must be to share profits.
iii. The business must be carried on by the members.
a. (Section 2(b): "business" includes every trade, occupation and profession.

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4. Nature of firm and its difference from other forms.
5. Partnership not created by status (Section 5 & 6)
6. KINDS.
i. Partnership at will.
ii. Particular Partnership.
iii. Partnership for a fix time.
iv. Limited Partnership.
v. Limited Liability Partnership.
7. Conclusion.
Q. DISSOLUTION OF A FIRM
1. Introduction.
2. Meaning.
3. Definition (Section 39)
4. Relevant Provision (Section 39-55).
5. Circumstances und which a firm may be dissolved (Section 40 to 44)
i. In case of partnership at will.
ii. In case of partnership for a fixed time.
iii. In case of partnership for adventures or undertakings.
iv. In accordance with the previous contract between partners.
v. By the consent of all the partners.
vi. By adjudication of partners as insolvent.
vii. By death of a partner.
viii. By Retirement of one partner in case of only two partners.
ix. By happening of certain events.
x. By order of the court.
6. Modes of dissolution of agreement.
i. Dissolution by agreement (Section 40).
ii. Compulsory dissolution (Section 41).
i. Insolvency.
ii. Unlawful business.
iii. Dissolution on the happening of certain contingencies (Section 42).
i. If constituted for a fixed term.
ii. If constituted to carry adventure.
iii. By the death of partners.
iv. By adjudication of a partner.
iv. Dissolution by notice of partnership at will (Section 43).
v. Dissolution by the court (Section 44).
i. If a partner has become of unsound mind.
ii. Incapacity of a Partner
iii. Partner, guilty of conduct.
iv. Partner persistently commits breach of agreement.
v. Partner transfer his interest to third person.
vi. That the business cannot be carried on.
vii. Any other ground.
7. Conclusion.

RIGHTS AND DUTIES OF PARTNERS


1. Introduction.
2. General duties of Partners (Section 09)
a. To carry on the business of the firm to the greatest common advantage.
b. To be just and faithful to each other.
c. To render true accounts and full information of all things.
3. Duty to indemnity for loss caused by fraud.
a. For any loss.
b. Fraud.
4. Determination of rights and duties of partners by contract between the partners.
1. Determination through contract.
2. Agreement in restrain of trade.
3. Construction of partnership deed.
i. Great deal is left to be understood or implied.
ii. Restrictive interpretation
5. Conduct of business.
a. Every partner has right to take part in conduct of business.
b. Every partner is bound to attend to his duties.
c. Power of Majority.

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d. Every partner have right to access to the books.
6. Mutual Rights and liabilities.
a. No entitlement to receive remuneration.
b. Equally entitled to share profits and losses.
c. Entitlement of Interest on capital.
d. Interest on advance payment.
e. Indemnifying the parter.
f. Wilful neglect and fraud.
7. Personal profit earned by the partner.
a. From any transanction of the firm
b. From the use of property of the form
c. From the use of name of the firm.
d. From any business similar to the nature of partnership.
8. Rights and duties after change in firm.
9. Rights and duties after the expiry of the term of the firm.
10. Where additional undertakings are carried out.
Conclusion.
COMPANY LAW
Q. CHARACTERISTICS OF COMPANY
1. Introduction.
2. Definitions.
3. Characteristics.
i. Registered Association.
ii. Legal Person.
iii. Common Seal.
iv. Long Life.
v. Legal Entity.
vi. Limited Liability.
vii. Separate Management.
viii. Many Members.
ix. Separate Property.
x. Share Transfer.
xi. Democratic Setup.
xii. Large Scale.
xiii. Capacity to sue.
xiv. High Fixed Cost.
4. Conclusion.
Q. DIFFERENCE BETWEEN COMPANY AND PARTNERSHIP
1. Introduction.
2. Definitions.
3. Differences.
i. Independent Corporate Personality.
ii. Limited Liability.
iii. Succession.
iv. Effect of Insolvency of Individual Member.
v. Ownership of Property.
vi. Transferability of Shares.
vii. Capacity to Sue.
viii. Professional Arrangements.
ix. Financial Facilities
x. Agency Relationship.
xi. Contractual Relations.
xii. Commencement.
xiii. Representation.
xiv. Management.
xv. Reduction in Capital.
xvi. Numbers of Members.
xvii. Effect of Death.
xviii. Identification.
4. Conclusion.
Q. DIFFERENCE BETWEEN PUBLIC AND PRIVATE COMPANIES.
1. Introduction.
2. Definitions.
3. Differences.
i. Number of Members.

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ii. Sale of Shares.
iii. Commencement of Business.
iv. Allotment of Shares
v. Statutory Meeting.
vi. Issuance of Prospectus.
vii. Framing of Articles.
viii. Transfer of Shares.
ix. Numbers of Directors.
x. Borrowing.
xi. Sending of Accounts.
xii. Use of word limited.
xiii. Signatories of Memorandum.
xiv. First Directors.
xv. Loans to Directors.
xvi. Rights of Directors.
4. Conclusion.
Q. MEMORANDUM OF ASSOCIATION AND ALTERATION
1. Introduction.
2. Meaning
3. Statutory Definition (Section 2(1) 40)
4. Scholarly Definition
5. Memorandum of company limited by shares (Section 27)
A
i. Name of the Company: The words "Limited", "(Private)", "(SMC-Private)".
ii. Place of Registered Office of the Company. The province.
iii. Business: Principle line of business.
iv. Undertaking: An undertaking
v. Liability: That the liability of the members is limited.
vi. Share Capita: The amount of share capital and its division.
B. No subscriber shell take less than one share.
C. Each subscriber shell mention numbers of shares.
6. Memorandum of company limited by guarantee (Section 28)
i. The word "(Guarantee)"
ii. Province.
iii. Principle Line of Business.
iv. An undertaking.
v. That the liability of the members is limited.
vi. If, The amount of share capital and its division.
7. Memorandum of unlimited company (Section 29).
i. The word "Unlimited".
ii. The Province.
iii. Principle Line of Business.
iv. The undertaking.
v. The liability of members is unlimited.
vi. If, the amount of share capital and its division.
8. Important Clauses of Memorandum (TABLE B) First Schedule.
i. Name Clause.
a. In case of public company limited by shares.
b. In case of private company limited by shares.
c. In case the company limited by guarantee.
ii. Situation Clause (Place of Registered office)
iii. Object Clause. (Principle line of business).
iv. Liability Clause.
v. Capital Clause.
a. In case of company limited by shares.
b. In case of company limited by guarantee.
c. In case of an unlimited company.
vi. Association Clause and Subscription.
a. The name of subscribers.
b. Addresses of Subscribers.
c. Description of Subscribers.
d. Number of shares which each has subscribed.
9. Borrowing Powers to be Part of Memorandum (Section 30)
10. Memorandum to be printed, signed and dated (Section 31)
11. Alternation of Memorandum (Section 32).

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i. Through Special Resolution.
ii. Change the place of register office.
iii. Change its principal line of business.
a. Confirmation not required by the commission.
b. Submission of amended memorandum of association.
iv. Adoption of new business activity.
v. Communication of copy.
12. Conclusion.
Q. ARTICLES OF ASSOCIATION AND ITS ALTERATION.
1. Introduction.
2. Meaning.
3. Definition 2(3)
4. Articles of Association of a Public Limited Company.
i. Company limited by shares may adopt all or any of the regulations contained in Table A in the
First Schedule of the Act.
ii. Articles of Association of a Public Limited Company.
a. Business.
b. Shares.
c. Transfer and Transmission of Shares.
d. Alteration of Capital.
e. General Meetings.
f. Notice and Proceedings of General Meetings.
g. Votes of Members.
h. Directors.
i. Powers and duties of Directors.
j. Minutes Books.
k. The Seal
l. Disqualification of Directors.
m. Proceedings of Directors.
n. Filing of Vacancies.
o. Dividends and Reserve.
p. Accounts.
q. Notices.
r. Winding Up
s. Indemnity.
5. Registration of Articles (Section 36).
i. There may and there shall
ii. Company Limited by shares may adopt. Table A in the First Schedule.
iii. Unlimited or limited by shares shell state the amount of share capital.
iv. If no share capital article shall state, the numbers of members.
v. The articles of every company shall be explicit and without ambiguity.
vi. If company contravenes there is a penalty of level I.
6. Articles to be printed, signed and dated (Section 37).
7. Alteration of Auricles (Section 37).
8. Copies given to members.
Q. WINDING UP OF PUBLIC LIMITED COMPANY
1. Introduction.
2. Meaning.
3. Modes of Winding up (Section 293).
a. By the court (Section 301)/Compulsory
i. By special resolution.
ii. Default in delivering the statutory report to registrar.
iii. Default in holding any two consecutive AGM.
iv. Default in filing financial statements or returns for two consecutive F.Y
v. If the number of members is reduced.
vi. Unable to pay debts.
a. Company when deemed to be in debt Section 302.
b. Creditors remained unpaid inspite of demand for 30 days.
c. Execution of decree returned unsatisfactorily.
d. The contingent and prospective liabilities of the company.
vii. Unlawful activities.
viii. Unlawful business.
ix. Conducting business in a manner oppressive to the minority.
x. Fruad, misfeasance by managing persons.
xi. Diversion the Act, MAO, AOA or directions of the Commission or registrar.

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xii. Ceases to be listed company.
xiii. As per the opinion of the court.
xiv. Company ceases to have a member.
xv. Revocation of license.
xvi. Winding up remains incomplete for one year.
xvii. Suspension of business for whole year.
i. Petition for winding up (Section 304).
ii. Who can file petition for winding up.
a. Company,
b. Creditors.
c. Contributory,
d. Registrar.
e. Commission.
iii. Commencement of winding up by the court.
iv. Copy of winding up order to be filed with registrar.
v. Powers of Court.
a. Court may grant injunctions.
b. Court may pass orders.
i. Dismiss it with or without costs.
ii. Make an interim order.
iii. Appoint a provisional manager of the company.
iv. Make an order with cost.
v. Any other order.
vi. Suits stayed on winding up order.
vii. Expeditious disposal of suits.
viii. Effects of winding up orders.
ix. Power to stay winding up.
x. Ascertain wishes of creditors. Or contributories.
xi. Appointment of official liquidators.
xii. Final Meeting and dissolution
b. Voluntary (Section 347)
i. By passing resolution in general meeting.
ii. Expiry of the period of its duration if fixed.
iii. Occurrence of any event. Mentioned in AOA.
Procedure
iv. Through special resolution.
v. Commencement of voluntary winding up (Section 348). At the time of passing of
resolution.
vi. Effect of voluntary winding up.
vii. Notice of resolution to wind up voluntarily.
a. In newspaper.
b. Contravention to said article= penalty of level 1.
c. Declaration of solvency.
d. Appointment of liquidator.
viii. Final Meeting and dissolution
c. Subject to the supervision of the court.
i. Power to order winging ups subject to supervision (Section 381).
ii. Effect of petition for winding up subject to supervision.
iii. Wishes of creditors and contributories.
iv. Effects of supervision order.
v. Appointment of liquidator as official liquidator in certain cases.
vi. Status of companies being wound up
Q. SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN.
1. Introduction.
2. Powers and functions of the commission.
i. Powers under the Companies Act 2017.
ii. Distribution of functions into divisions.
iii. Identification of matters regarding policy making.
iv. Regulating the issue of securities.
v. Regulating the business in Stock Exchange.
vi. Supervision and monitoring the central depository.
vii. Registering and regulating of working of Stock Exchange and associated agents.
viii. Proposing regulations.
ix. Promoting and regulating self regulatory organizations.
x. Prohibiting fraudulent and unfair trade practices.

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xi. Promoting investor's education.
xii. Conducting investigations.
xiii. Regulating substantial acquisition of shares, mergers and take overs.
xiv. Calling for information.
xv. Considering and suggesting reforms.
xvi. Encouraging the capital development.
xvii. Conducting research.
xviii. Performance of delegated functions.
xix. Proposing regulations.
xx. Ensuring and monitoring compliance.
xxi. Regulating professional organizations.
xxii. Facilitation by the commission.
xxiii. Approval of the commission is required.
3. Securities and Exchange Commission of Pakistan Act, 1997.
4. Establishment of commission.
5. Head Office.
6. The commissioners.
7. The Chairman.
8. Term of office of the commissioners.
9. Appointment of employee of the commission.
10. Appointment of Advisors and Consultants.
11. Mode of submission of electronic documents to the commission or to registrar.
12. Supply of additional information.
13. Authentication of forms.
14. Filing of Electronic documents.
15. Filing of additional documents in scanned form.
16. Mode of payment.
17. Electronic filing of documents.
18. Delegation of the commission's functions or powers.
19. The commission to furnish information.
Policy Board
i. Nine members.
ii. Finance Division.
iii. Law Division.
iv. Commerce Division.
v. Chairman of the commission.
vi. Deputy Governor of the State Bank of Pakistan.
vii. Four by the Government of the SBP from private sector.
viii. Procedure of the Board.
ix. Board may invite others to meetings.
x. Committee of the board.
xi. Functions and Powers.
xii. Advising the central Government, Security Industry.
xiii. Regulation of companies and corporate sector.
xiv. Protection of interest of investor.
xv. Regulation of Insurance Sector.
xvi. Encouraging self regulating.
xvii. Consideration and approval of regulations.
xviii. Consideration and approval of the budget of the commission.
xix. Expression of opinion regarding policy matters.
xx. Overseeing the performance of the commission.
xxi. Functions delegated under the Act.
xxii. Specifying fees and penalities.
xxiii. All policy decisions.
xxiv. Supplementary provisions.
CONFLICT OF INTEREST.
I. Disclosure of interest by commissioners and Members.
II. Person having interest.
III. Disclosure of interest by commissioner or a member.
IV. Recording of interest in minutes of the meeting.
V. Lability in in case failure to disclose interest.
VI. Defense against non-closure of interest.
VII. Report of interest through written notice to the Federal Government.
VIII. Notification of interest by others.

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DISQUALIFICATIONS AND PROCEDURE FRO REMOVAL OF AND RESIGNATION BY
THE MEMBERERS AND COMMISIONERS.
1. Disqualification.
i. No person shall be appointed or continue as member or commissioner if;
a. Convicted of an offense.
b. Incapacity.
c. Absence for three consecutive meetings.
d. Fail to disclose any conflict of internes.
2. Removal, resignation and vacancies
i. Appointment may be revoked at any time.
ii. Conditions for removal.
a. Conducting of an enquiry.
b. Reasonable opportunity of hearing.
c. Resignation at any time.
d. Due to death.
Q. FUNDS MANAGED BY THE SECP
1. Introduction.
2. Meanings of Fund.
3. Fund consists.
a. Sums granted by Federal Government.
b. Grants, sums borrowed or raised.
c. Taxes, fees, penalities or other charges.
d. All other sums or property.
4. Expenditures to be charged on the Fund.
a. Remunerations of commissioners and Employees.
b. Other allied expenditures incurred during performance of functions.
c. Purchasing and Hiring of equipment, machinery and other materials including land and buildings.
d. Repaying any financial accommodation.
5. Preparation of Budget.
a. Expenditures without provision is not allowed.
6. Annual report and Accounts.
a. Keeping of proper Accounts.
b. Statement of Account for Audit.
c. Report of Auditor
d. Special Audit on the orders of Federal Government.
7. Power to obtain finance, borrow money and receive grants.
8. Investment.
9. Bank Accounts.
Q. ENFORCEMENT OF MANDATES BY SECP.
1. Investigation and Proceedings by the Commission.
2. Powers of the investigating officers.
3. Forcible Entry.
4. Power to call for examination.
5. Appeal to appellate branch of the commission.
6. Appeal to the court.
Q. CONFIDENTIALITY OF INFORMATION IN SECP.
1. Obligation of confidentiality.
2. Permitted disclosure.
Q. STATUTARY MEETINGs OF COMPANIES.
SECTION 131. Statutory Meeting of company.
1. Introduction.
2. Meaning.
3. Object.
i. Every public company.
ii. Having share capital
iii. Within the period of one hundred and eighty days from the date of commencement
iv. Or within 9 months from the date of incorporation.
v. Which ever is earlier hold a general meeting of the members of company to be called statutory
meetin.
vi. In case AGM is held earlier then no statutary meeting shall be required.
vii. Notice of statutory meeting.
viii. The contents of the meeting.
a. Total Numbers of Shares allotted.
b. Total amount of cash received.
c. An abstract of the receipts of the company.

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d. And the payment made.
e. Particulars of directors and other stake holders.
f. The particular of any contract.
g. The extent of underwriting contracts.
h. The particulars of any commission or brokerage.
Statutory Report
ix. The statutory report and brief account of the state of the company.
x. The statutory report related to shares allotted and cash received.
xi. Sending of statutory report to the registrar.
xii. List showing particulars of members.
xiii. Discussion of any matter in the meeting by the members.
xiv. Adjournment of meeting
xv. Contravention to the provisions shall be liable offence.
a. Listed Company=Penalty of Level 2
b. Other Company=Penalty of Level 1
SECTION 132 ANNUAL GENERAL MEETING
1. Every Company shall hold AGM withing sixteen months. 120 after closure of F.Y.
2. Venue of AGM in case of listed compay.
3. Facility of video link.
4. The notice of AGM.
5. Single member company.(not applicable)
6. Contraven to provision.
a. Listed company=level 2
b. Other company=leve 1.
7. Purposes of AGM.
a. Consideration of Financial Statements.
b. Declaration of any dividend.
c. Election and appointment of directors.
d. Appointment of auditors.
SECTION 133 EXTRAORDINARY GENERAL MEETING.
1. Nature of Extraordinary General Meeting.
2. Who may call EGM.
a. Board at the request of members.
b. On Important matters.
c. Share capital less than 1/10th of voting poers.
d. Not having share capital.
3. Procedure.
a. Requisition and its purpose.
b. By requisitionists.
c. Reimbursement of expenses incurred by requisitionists
d. Meeting Notice.
e. Contravention is an offense.
4. Meetings and votes.
5. Notice of meeting.
6. Purpose of Meeting.
7. Provision of video link.
8. Chairman of the meeting
9. Voting Rights.
a. Members holding voting rights.
b. Voting right in company limited by guarantee.
c. Contravention.
8. Quorum of general meeting.
a. Listed company=not less than 10 members=Share Chapital not less than 25 percent.
b. Other company=2 members.
9. Dissolving of meeting.
10. Voting to be by show of hands.
11. Declaration by chairman on show of hands.
12. Demand for poll.
13. Poll through secrete ballot.
14. Time of taking poll=14 days
15. Powers of court to declare the proceeding of GM invalid.
16. Proxies.
a. Appointment of another person to attend the meeting.
b. Not more than one proxy.
c. A proxy must be a member.

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d. Notice with proxy note.
e. The instrument appointing a proxy.
f. Time of lodging proxy. 48 hours.
g. Rights of proxies.
h. Inspection of proxies.
i. Failure to issue otice.
17. Representation of body corporation.
18. Representation of Federal Government
19. Powers of commission to call meetings Section 147.
20. Default in complying with Section 147. Level 03.
Q. COMPANIES AUDITORS.
1. Introduction.
2. Meaning of Audit.
3. Object of Audit.
4. Appointment of Auditors.
a. Appointment of First Auditor.
b. Appointment of subsequent Auditors.
c. Member having less than ten percent shareholding.
5. Removal of Auditors.
a. Removal through special resolution.
b. Filing of vacancy within thirty days.
6. Fee of Auditors.
a. Remuneration shall be fixed in General Meeting.
b. By the board if appointed by the Board.
7. Intimation of appointment to the registrar.
8. Qualifications and Disqualification of auditors.
a. A person not be qualified having certain qualifications.
a. Disqualified by any other company.
b. Partnership Firm is appointed as auditor.
c. Non of the persons shall be appointed as Auditor.
a. Person previously a director for three year.
b. Person is a partner, in employment , director of company.
c. The spouse of the director.
d. Person indebted to the company.
e. Person who have given a guarantee.
f. Person having business relationships.
g. Person convical by court.
h. A body corporate.
i. Person not Eligible.
j. Person holding shares of company.
d. Liability on person not being qualified=Penalty of level 2.
e. Appointed of person not being qualified is void.
9. Rights and Duties of Auditor
a. Auditor's right to information. (Section 248).
i. Of access to companies books.
j. Of access to copies of extracts.
k. Provision of information by.
a. Director, Officer, or an employee of the company.
b. Person holding any of the companies books.
c. Any subsidiary undertaking.
d. Office, employee or auditor of any such subsidiary undertaking.
b. Refusal or fails to provide information.
Duties.
1. Conducting of Audit and preparation of report.
2. Examination to find opinion.
a. Adequate accounting record have been kept.
b. Financial Statements are in agreement.
3. Report to the members of the company.
a. Communication of all the information.
b. Keeping of proper books of accounts.
c. Statement of Financial Position and Profit and loss accont.
d. Information as per the requirement of the Act.
e. Investment made, expenditure incurred
4. Justification for qualified report.
5. Statement of such additional matters.

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6. Unmodified and modified opinion.
7. Revision of report on the order of the Commission.
8. Attending the General Meeting.
9. Audit of Cost Accounts.
10. Signatures of Auditor's Report.
11. Penalty for non-compliance (Section 253).=Penalty of level 2.
12. Auditors report with the intent to profit of auditor.
THE DIRECTORS OF THE COMPANY.
1. Introduction.
2. Ineligibility of certain persons.
a. A minor.
b. Unsound Mind.
c. Insolvent.
d. Convicted by court.
e. Debarred under this act.
f. Lacking fiduciary.
g. Does not hold NTN
h. Is not a member.
i. Defaulter of loan.
j. Engaged in the business of brokerage.
3. Minimum numbers of Directors of Company.
a. Single members company=01
b. Every other private company=02
c. Public company other than listed=03.
d. Listed company=07
e. Only a natural person shall be a director.
4. Numbers of Directorships.
a. Person holding directorship in more than 07 companies.
b. Vacancy of director is to be filled within 90 days.
5. Compliance with the code of corporate Governance.
6. First directors and their terms.
a. Determined by the subscribers of the memorandum.
b. Appointment of additional directors.
c. Holding of office till first AGM.
7. Retirement of first and subsequent director.
a. On the date of first AGM.
b. In case of subsequent, on expiry of term.
c. Intimation of Election of directors.
d. Registrar may directs the company to hold Meeting.
e. Non compliance to above provision=fine of level 2.
8. Procedure for election of directors.
a. Holding of AGM.
b. The notice of the meeting.
c. Notice of intention by intended director.
d. Election on the basis of numbers of votes..
e. Directors of Companies not having share capital.
9. Powers of Court to declare election of directors invalid.
10. Term of office of Directors.
a. Three Years.
b. Holding of office for remainder period.
11. Fresh election of directors.
a. Requisite shareholding.
b. Numbers of directors shall not be decreased.
c. Board to hold fresh elections.
12. Removal of Directors.
a. By Resolution.
13. Nominee Directors.
a. Nominated by the company's creditors.
b. If controlled by Federal Government or Provincial.
14. Consent to act as Directors.
15. Validity of acts of Directors.
16. Vacation of Office of Directors.
a. Becomes ineligible.
b. Absents from three consecutive meetings.
c. Holding of office without approval.

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d. Loan or guarantee.
17. Disqualification of Directors by the Commssion.
a. Conviction of an offence.
b. Persistent default.
c. Being a director of an insolvent company.
d. Defraud.
e. Guilty of Fraude.
f. Conducting of company's affairs in adverse manner.
g. Allotment of shares for inadequate consideration.
h. Involve in illegal deposit taking.
i. Convicted of financial irregularities.
j. Refuses to act according to Memorandum.
k. Convicted of insider trading.
l. Entered into a plea bargain.
m. Declared defaulter.
18. Prohibition on assignment of office by directors
19. Unqualified person acting as director= Level 1
20. Proceedings of the Board.
POWERS OF BOARD OF DIRECTORS.
1. Introduction.
2. Powers.
a. To issue shares
b. To issue debentures.
c. To borrow moneys.
d. To invest the funds.
e. To make loans.
f. To authorize a director to make contract.
g. To approve Financial Statements.
h. To approve bonus.
i. To incur capital expenditure.
j. To undertake obligations.
k. To declare interim dividend.
l. To take over a company.
Powers with the consent of the general meeting.
a. Sell, lease or otherwise dispose of undertaking.
b. Sell or otherwise dispose of the subsidiary.
c. Remit, give any relief.
Conclusion.
Q. DIFFERENT TYPES OF RESOLUTIONS.
1. Introduction.
2. Meaning.
3. Definition.
4. Types.
a. Ordinary.
i. Notice Period.
ii. Percentage of Votes Required.
iii. Purpose of Resolution.
b. Special
i. Notice Period.
ii. Percentage of Votes Required.
iii. Purpose of Resolution.
c. Unanimous.
i. Notice Period.
ii. Percentage of Votes Required.
iii. Purpose of Resolution.

Q. CHARACTERISTICS OF NEGOTIABLE INSTRUMENT


1. Introduction.
2. Meaning
3. Definition.
4. Parties to Negotiable Instruments.
a. Maker or drawer.
b. Drawee.

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5. Characteristics.
a. In Writing.
b. Containing promise or order.
c. Order or promise must be unconditional.
d. Promise or order to pay only the money.
e. Sum payable must be certain.
f. Payee must be a certain person.
6. Principle Parts of the instruments.
a. Date.
b. Amount.
c. Stamp.
d. Time for payment.
e. Place of payment.
7. Conclsusion.

Q. BILL OF EXCHANGE AND ITS ESSENTIALS.


1. Introduction
2. Definition.
3. Relevant Provision.
Section (5).
4. Kinds of Bills.
i. Inland Bills.
ii. Accommodation Bills.
iii. Foreign Bills.
iv. Bills in Sets.
v. Bank Draft. (Tukaram Bapuki Nikam v. The Belgaum Bank Ltd; 1976 Bom. 185.)
5. Essentials.
i. It must be in writing.
ii. It must certain and unconditional order.
iii. Signatures of Drawer
iv. The drawee must be certain person.
v. The payee must be a certain person.
vi. The sum must be certain and Definite.
vii. Other Elements.
6. Explanations.
Conclusion.
Q. PROMISSORY NOTE AND ITS ESSENTIALS.
1. Introduction
2. Definition.
3. Relevant Provision.
Section (4).
4. Essentials.
i. It must be in writing.
ii. It must contain promise to pay.
iii. The promise to pay must be unconditional.
iv. The maker must sign the promissory note.
v. The maker must be a certain person.
vi. The payee must be certain person.
vii. The sum payable must be certain.
viii. It must not be a banknote.
ix. Other elements.
5. Explanations.
Conclusion.
Q. JUSTIFICATION FOR BANK IN DISHONORING OF CHQUES.
1. Introduction.
2. Meaning of Cheque.
3. Circumstances when a banker is bound to dishonor the chques.
a. When customer countermands payments.
b. When banker receives notice of customer's death.
c. When customer has become insolvent.
d. When banker receives notice of customer's insancity.
e. When an order of Court prohibits payment.
f. On notice of assignment.
g. When holder's title is defective.
h. Closing of Accounts.

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i. Post dated chequ.
j. Insufficient funds.
k. Cheque of doubtful legality.
l. Funds are not properly applicable.
m. Cheque presented after banking hours.
n. Cheque is irregular, ambiguous.
o. Irrelevent branch.
p. Joint Account
q. Expired Cheque.
4. Conclusion.
TRANSFER OF PROPERTY ACT
SALE (Essentials, rights and liabilities of seller and buyer).
12. Introduction:
13. Meaning.
14. Definition Section 54.
i. Transfer of ownership
ii. In exchange of Price paid or promise and Part promised.
15. Sale how made.
i. Sale of value of one hundred rupees and upwards through registered instrument.
ii. Sale of value less than one hundred rupees
iii. Delivery of immoveable property.
iv. Contract of Sale.
16. Duties of seller (Section 55).
i. Disclosure of material defects.
ii. Production of document of title.
iii. Answering relevant questions.
iv. Payment of price and execution of conveyance.
v. Duty to preserve property and documents of title.
vi. Duty to give possession.
vii. Duty to public charges.
viii. Implied contract for title.
17. Rights of Seller
i. Right to rent and profit.
ii. Right to interest on purchase money.
18. Duties of Buyer.
i. Duty to disclose all facts.
ii. Duty to pay purchase money.
iii. Liability from loss from destruction.
iv. Payment of public charges.
19. Rights of Buyer
i. Payment against Improvements.
ii. Buyer's charge.
Conclusion.
Q. MORTGAGE AND ITS KINDS.
1. Introduction.
2. Meaning.
3. Definition (Section 58).
i. Transfer of interest.
ii. In specific immoveable property.
iii. For the purpose of securing the payment of money advanced.
4. Essential.
i. There must be a contract/transfer.
ii. Transfer must be of an interest.
iii. Interest must pertain to immovable property.
iv. The immovable property must be specific.
v. The consideration/purpose of mortgage.
5. Parties.
i. Mortgagor.
ii. Mortgagee.
6. Object of Mortgage.
7. Kinds of mortgage.
i. Simple mortgage.
a. No delivery of possession.
b. Mortgagor personally bind himself to pay mortgage.
c. In the event of failing to pay sale is to be proceeds.

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ii. Mortgage by conditional sale.
a. Ostensibly sale of property.
b. No delivery of possession.
c. In the event of failing to pay, sale become absolute.
iii. Usufructurary mortgage.
a. Delivery of possession of binding for delivery of possession.
b. Retaining of possession till the payment of loan.
c. Receive rents and profits and appropriation.
iv. English Mortgage.
a. Delivery of possession.
b. Binding for payment of mortgage money.
c. In the event to of failing to pay.
v. Mortgage by deposit of title deeds.
a. Delivery of title dead as a security.
vi. Anomalous mortgage.
a. Amalgam of various kinds of mortgages.
8. Conclusion.
Q. LEASE, RIGHTS AND LIABILTIES OF LESSEE AND LESSOR.
1. Introduction.
2. Meaning.
3. Definition (Section 105)
i. Transfer of a right to enjoy.
ii. Made for certain time.
iii. In consideration of price.
iv. Periodically payment.
4. Parties.
i. Lessor,
ii. Lessee.
5. Essentials.
i. A contract of transfer.
ii. Two parties.
iii. Subject matter of the lease.
iv. Transfer with formalities.
v. Term or period.
vi. Consideration
vii. Periodically payment.
6. Duration of certain leases in absence of written contract (Section 106)
7. Leases how made (Section 107).
i. Lease for any term exceeding one years.
ii. Is to be made by registered instrument.
8. Rights and Liabilities of Lessor and Lessee (Section 108)
Lessor.
i. Disclosure of material defects.
ii. Delivery of Possession.
iii. Implied contract.
Lessee.
i. Accession.
ii. Destruction of subject matter.
iii. Necessary Repairs.
iv. Necessary payments.
v. Removal of things attached to earth.
vi. Entitlement of crops.
vii. Absolute transfer.
viii. Disclosure of facts.
ix. Payment of rent or premium.
x. Restoration of property on termination.
xi. Notice to lessor.
xii. Reasonable use of property.
xiii. Erection of permanent structures.
xiv. Return of possession.
Conclusion.
Q. DOCTRINE OF LIS PENDENS (Section 52).
1. Introduction.
2. Meanings.
3. Definition.

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i. Lis means an action.
ii. Pendens means continuing or pending.
iii. Pendente lite means during the pendency suit.
4. Case Law Definition. (PLD 1988 Kar. 58)
5. Supportive Maxim (pendente lite nihil innoveture (pending a litigation nothing a new should be
introduced)
6. Relevant Provision (Section 52).
7. Essential Conditions for the Applicability of the Doctrine.
i. A suit or proceeding must be pending.
ii. Pendency must be in court.
iii. Court must be competent.
iv. Suit must not be collusive.
v. Right to immovable property must be in question.
vi. There must be a transfer of property without court's permission.
vii. The property, if not transferred, must be otherwise dealt with.
viii. Transfer may be made with Court's permission.
ix. Transfer must be made by any party to the suit.
x. Transfer must affect the rights of any other property.
8. Conclusion.
Q. GIFT (Section 122)
1. Introduction.
2. Meaning.
3. Definition.
4. Parties.
a. Donor.
b. Donee.
5. Essentials of Gifts.
a. Transfer of Ownership.
b. Existence of Property.
c. Without Consideration.
6. Acceptance when to be made.
7. Transfer of property effected.
a. Registered instrument.
b. Signed and attested.
8. Gift of existing and future property.
9. Gift to several of whom one does not accept.
10. When gift may be suspended or revoked.
a. On happening of any specified event.
b. At the will of the donor.
c. Failure of consideration.
11. When Gift cannot be revoked.
12. Onerous gift.
a. Form of a single transfer.
b. Form of separate transfer.
c. Donee not competent to contract.
13. Universal done.
14. Saving.
15. Conclusion.
Q. PART PERFORMANCE (SECTION 53-A)

Q. COMPULSORY AND OPTIONAL REGISTRATION


8. Introduction.
9. Object of Registration
10. Meaning of Registration.
11. Relevant Provisions (Section 17 & 18)
12. Compulsory Registration.
a. Instruments of gifts of immoveable property.
b. Other non-testamentary instrument
i. Mortgage Deed.
ii. Charge.
iii. Transfer of redemption.
iv. Floating Charge.
v. Assignment of a Household.
vi. Variation of Mortgage.

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c. Non-testamentary instruments (Receipts of consideration)
i. Sale deed.
ii. Surrender of Land.
iii. Receipts of premium.
d. Leases of immoveable property exceeding one year.
i. Duration of Lease.
ii. Where no term is expressed.
e. Non-testamentary instruments relating to court decree.
i. Mortgage decree.
ii. Decree creating charge.
13. Optional Registration (Section 18)
i. Wills
ii. Leases of less value.
iii. Partnership Deed.
iv. Power of Attorney.
v. Deed of Adoption.
vi. Releases.
vii. Compromise.
viii. Memorandum of past transaction.
ix. Promissory Note
x. Guardianship of Property.
xi. Family arrangements.
xii. Agreement to rec-convey.
xiii. Agreement of partition.
xiv. Agreement to Create a Lease.
xv. Agreement of Mutations.
xvi. Agreement of Mortgage.
xvii. Agreement to sell.
xviii. Memorandum of Past Gift.
xix. Rectification Deed.
xx. Appointment of New Trustee.
14. Conclusion.

Q. EFFECT OF NON REGISTRATION OF DOCUMENTS REQUIRED TO BE REGISTERED.


1. Introduction.
2. Conditions.
a. There must be a document.
b. The document must be compulsorily registerable.
c. The document must not have been registered.
3. Establishment of no right. (Section 49)
4. Conferring of no power.
5. Inadmissibility as evidence.
6. Admissibility for collateral transactions.
7. Exceptions.
8. As evidence of amount and liability.
9. As evidence of the right to recover a deposit.
10. As evidence of receipt of consideration.
11. As evidence of relationship.
12. As evidence of handwriting.
13. As evidence of satisfaction of a decree.
14. As evidence of the date of taking possession.
15. As evidence of the amount of compensation for use and occupation.
16. As evidence of attornment.
17. As evidence of waiver.
18. As evidence of an offence.
19. As evidence of a debt.
Q. REMEDY AVAILABE FOR PERSON AGGRIEVED BY THE ORDER OF SUB-REGISTRAR.
1. Introduction.
2. Relevant Provision (Section 71 to 77)
3. When registration may be refused.
a. Description of property not sufficient to identify the same.
b. Presentation of document out of time.
c. Failure to pay fine.
d. Presentation of documents in wrong registration office.
e. Failure to pay registration fee.

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f. Presentation of document by improper person.
g. Non-appearance of executing party within time.
h. Executant is minor.
i. Failure to summon heirs of deceased.
4. Appeal to Registrar (Section 72-77).
a. Registration refused.
b. Appeal shall lie against an order of sub-Registrar.
c. Order of Registrar.
5. Application to Registrar (Section 73).
a. Application should be in writing.
b. Period of Application.
c. Registration must has refused.
d. Grounds of refusal should be mentioned.
e. Application by the person himself or authorized.
f. Verification of statement.
6. Procedure of Registrar on Application (Section 74).
a. Enquiry regarding execution of document.
b. Enquiry regarding fulfilment of requirments.
7. Order by registrar to register.
a. Satisfaction by the Registrar.
b. Affect of document.
c. Power to summon.
8. Order of refusal by registrar.
a. Property situated out of the district.
b. No appeal lies.
9. Suit in case of order of refusal by registrar.
a. Suit in a civil court of original jurisdiction.
b. Unless the document has been presented for registration within time.
c. Unless the presentation is by a person authorized to do so.
d. Unless there has been a refusal by they Sub-Registrar.
e. Unless there has been and appeal to registral.
f. Unless there has been refusal by registrar.
g. Unless the suit has been filed within 30 days.
Q. DUTIES AND POWERS OF REGISTERING OFFICERS
1. Introduction.
2. As to the register books and indexes.
a. Register-books to be kept in the several offices..
i. Book 1 Register of non-testamentary documents relating to immoveable property.
ii. Record of reason of refusal to register.
iii. Register of wills and authorities.
iv. Miscellaneous Register.
b. Duties of registering officers when document presented.
i. The day, hour and place of presentation alongwith endorsement.
ii. Receipt of document.
iii. Coy of document.
iv. Authentication of books at intervals.
c. Entries to be numbered consequently.
d. Current indexes and entries therein.
e. Indexes to be made by registering officers.
i. Four indexes.
ii. Index No. I.
iii. Index No. II
iv. Index No.III.
v. Index No.IV.
f. Inspection of certain books.
i. Copy to person applying for inspection.
ii. Copy to person executing the document.
iii. Copy to person authorized.
iv. Copies should be signed and sealed.
3. As to the procedure on admitting to registration.
a. Endorsements on documents.
b. Endorsement to be dated and signed by registering officer.
c. Certificate of Registration.
d. Endorsement and certificate to be copies.
e. Document in language unknown to registering officer.

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f. Power to administer oaths.
4. Special duties of sub-registrar.
a. Document related to land in seeral sub-districts.
b. Procedure where document related to land in several districts.
5. Special duties of registrar.
a. Procedure after registration of documents relating to land.
6. Of the controlling powers of registrars.

Q. DOMICILE
20. Introduction:
21. What is domicile.
22. Definition.
23. Relevant Provisions (Section 04 to 19)
24. Domicile and Nationality Distinguished.
25. Succession to the immoveable and moveable property.
26. Essentials of Domiciles.
i. Residence.
ii. Presumption proof of intention to live in particular place.
27. One domicile only affects succession to moveable. (Section 06)
28. Domicile of origin of person of legitimate birth. (Section 07).
29. Domicile of origin of illegitimate child. (Section 08).
30. Continuance of Domicile of origin.
31. Acquisition of new domicile.
32. Minor's Domicile.
33. Domicile acquired by woman on marriage.
34. Who cant acquire domicile?
a. Representative of other country.
Conclusion.
Q. LAW RELATING TO WILL
1. Introduction.
2. Meanings of will.
3. Definition (Section 2h)
4. Essentials of a will.
a. Legal declaration of the intention.
b. Declaration with respect to testator's property.
c. Revocability.
d. Intention should take effect after death.
5. Types of will.
a. Unprivileged wills.
i. Signing and affixation.
ii. Signature or mark of testator.
iii. Attestation.
b. Privileged wills.
i. In writing or by word of mouth.
ii. Written wholly by the testator.
iii. Written wholly or in party by another person.
iv. Written but not signed
v. Manner of execution is incomplete.
vi. Written instruction.
vii. Verbal instructions.
6. Relevant Provision (Section 59).
7. Person capable to making wills.
a. Person of sound mind.
b. Not being minor.
c. A Married woman.
d. Ordinary insane person.
e. Blind person.
f. Dum and deaf person.
8. Testamentary guardian.
9. Will obtained by fraud, coercion or importunity.
10. Construction of wills.
a. Wording of will.
b. Object or subject of will.
c. Miss-description of object.
d. When words may be supplied.

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e. Rejection of erroneous particulars in description of subject.
f. When part of description may not be rejected as erroneous.
g. Meaning of clause to be collected from entire will.
h. Words be understood in restricted sense.
11. Construction of terms.
a. Children.
b. Grandchildren
c. Nephews & nieces.
d. Cousins or first cousins
e. First cousin.
f. Second Cousn.
g. Descendants.
12. Revocation or alteration of will.
a. By marriage.
b. By another will or codicil duly executed.
c. By writing declaring an intention to revoke.
d. By destroying of the will.
e. By alteration.
13. Revival of unprivileged will.
a. Re-execution.
b. By Codicil
Q. SUCCESSION CERTIFICATE
1. Introduction.
2. Purpose/object of succession certificate.
3. Court having jurisdiction to grant succession certificate.
a. If deceased resided within jurisdiction.
b. If deceased has no fixed place.
4. Procedure to get succession certificate (Summary procedure)
a. Application & Its particulars.
i. The time of death of the deceased.
ii. The ordinary residence of the deceased at the time of death.
iii. The family or other near relatives of the deceased.
Iv. The right in which the petitioner claims.
v. The absence of any impediments
vi. The debts and securities.
b. Procedure on application.
i. Fixing day of hearing.
ii. Notice of hearing to any person.
iii. Serving of notice.
c. Order for grant of the certificate.
5. Content of certificate.
a. Specifying the debts and securities.
b. To receive interest or dividents
c. To negotiate or transfer.
6. Requisition of security from grantee of certificate.
7. Extension of certificate.
8. Forms of certificate and extended certificate.
9. Amendment of certificate.
10. Local extent of certificate.
11. Affect of certificate granted or extended in foreign state.
12. Revocation of certificate.
a. Defective proceedings.
b. Obtained fraudulently.
c. By means of untrue allegation.
d. Become useless.
e. Decree passed by the Court.
f. If certificate renders.
13. Appeal shall lie to the high court.
14. Surrender of superseded and invalid certificate.
Q. PROCEEDURE FOR LAND ACQUISITION/AWARD.
15. Introduction.
16. Meaning of Land Acquisition.
17. Relevant Provision (Section 04 to 18).
18. Object of the Act.
i. To amend the law for the acquisition of land.

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ii. To determine the amount of compensation.
19. Scope of the act.
i. Government Land.
ii. Private Sale.
iii. Land under cultivation.
iv. Waqf properties.
20. Public Purpose.
21. Definition of Award.
22. Procedure before making award.
a. Preliminary Investigation.
i. Publication of preliminary notification (Section 04).
ii. Notification by Commissioner/Provincial Government.
iii. Payment for damage (Section 05)
b. Objections.
i. Hearing of Objections (Section 05(A).
c. Declaration of intended Acquisition (Section 06).
d. Collector to take order for acquisition (Section 07).
e. Land to be marked out, measured and planned (Section 08).
f. Notice to persons interested (Section 09).
g. Power to require and enforce the making of statements as to names and interests (Section 10).
h. Enquiry and award by collector (Section 11).
i. True area of the land.
ii. Compensation.
iii. Apportionment of the said compensation.
i. Finality of Award (Section 12).
j. Power to summon.
k. Matters to be considered and neglected.
l. Taking possession.
23. Special Powers in cases of urgency (Section 17)
a. Immediate possession.
b. Sudden change in the channel of any navigable river.
c. Adding the amount of damages in compensation.
24. Reference to court (Section 18).
25. Costs (Section 27).
26. Conclusion.
Q. QURAN
1. Introduction.
2. Meaning.
3. Revelation.
a. Manifest Revelation.
b. Internal Revelation.
4. Stages of Compilation.
5. Quran—A Miracle.
6. The Primary Purpose of Quran.
7. Quran—A Reservoir of Islamic Law.
8. Quran—A Code of Conduct.
9. Modes of Legislation in Quran.
a. Positive Mandatory.
b. Negative Mandatory.
c. Discretionary Legislation.
10. Quranic contribution into Sharia Law.
11. Legislative Functions of Quran.
a. Permissible.
b. Forbidden
c. Abrogation.
d. Repealing function.
e. Social Reforms.
f. Law and order
g. Family Matters.
h. Prayer and Devotions.
12. Legal Potential
13. Legislative Functions of Maccan and Madni Suras.
14. Conclusion.
Q. SUNNAH.
1. Introduction.

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2. Concept of Hadith and Sunnah.
3. Sunnah and Hadith Distiniction.
4. Quran and Tradtions
5. Nature and Legal Meaning of Traditions.
6. Wisdom in Splitting the Revelation.
7. Classification of Sunnah.
a. According to Legal Force.
b. According to Numbers of Narrators.
c. According to Form.
d. According to Mode of Narration.
e. According to Authenticity.
f. According to Legal Authority.
g. Kinds through which Ahkam are Established.
8. Rules of Authenticity of Traditions.
9. Compilation.
a. Musaneed.
b. Mussafat.
c. Saha.e.Sittah
10. Legislative Functions.
a. Both Quran and Sunnah Constitute one complete whole.
b. Meaning of Quran is general, Sunnah makes it particular.
c. Sunnah may Add or Supplement Legal Provisions of Quran.
d. Absolute Declarations of Quran are Qualified by Sunnah.
e. Sunnah Makes Certain Exceptions to the Generla Rules of Quran.
f. Sunnah is the commentary of Qura.
11. Conclusion.
Q. IJTIHAD.
1. Introduction.
2. Meaning and Cocept.
3. Subject of Ijtihad.
4. Mujtahid and His Qualifications.
5. Types of Mjtahideen.
6. Kinds of Ijtihad.
7. Modes of Ijtihad.
8. Process of Ijtihad.
9. The Rules of Predference.
10. Modern Period and Mujtahid
11. Conclusion
Q. MARRIAGE
1. Introduction.
2. Types of Muslim Marriages
a. Legal
b. Social
c. Religious.
3. Definition.
4. Purpose and Object of Marriage.
5. Nature of Marriage.
6. Three integral Parts of Marriage.
a. Spouses must be free from any barriers.
b. Bride's consent be verified
c. Groom's acceptance must be verified.
7. Essentials of Marriage.
a. Aijab.o.Qabool (offer and Acceptance)
b. Capacity (Ahliat)
c. Free Consent (Raza)
d. One Sitting (Majlis)
e. Dower.
f. Presence of witness.
g. Absence of Prohibitions/Impediments. (Permanent or Temporary)
a. Permanent: Polyandry, Consanguinity, Fosterage, Affinity.
b. Temporary: Polygamy, Iddat, Unlawful Conjunction, Difference of religion, Absence of
Witnesses.
8. Effects of Impediments.
9. Classification of Marriages.
a. Permanent Marriages

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a. Valid Marriage.
b. Void Marriage.
c. Irregular Marriage.
b. Temporary Marriages.
10. Polygamous Marriages.
11. Pakistani Law.
12. Presumption of Marriage and its Proof.
13. Child Marriage.
14. Comparative Study
15. Conclusion.
Q. DOWER
1. Introduction.
2. Definition and Concept
3. Nature of Dower
4. Object of Dower.
5. Capacity to enter into dower contract.
6. Subject Matter of Dower.
7. Classification of Dower.
a. Prompt Dower
b. Deferred Dower
c. Specified Dower
d. Proper Dower.
8. Confirmation of Dower.
9. Satisfaction of Dower.
10. Wife's Rights on Non-Payment of Dower.
11. Pakistani Law.
12. Comparative Study.
Q. DIVORCE
1. Introduction.
2. Historical Perspective of Divorce.
3. Modes of Dissolution of Marriage.
a. Apostasy.
b. Death
c. Option of Puberty.
d. Divorce.
4. Divorce—Meaning and Concept.
5. Capacity for pronouncing Talaaq.
6. Formalities
7. Procedure for pronouncing Talaq.
8. Talaq-us-Sunnat.
a. Talaq-e-Ahsan.
b. Talaq.e.Hassan.
9. Talaq.e.Bidda.
10. Dissolution by Agreement/Khula/Mubarat.(Balqis Fatima Case)
11. ILLA
12. Zihar
13. LIAN
14. Talaq.e.Tafweez.
15. Conditional/Contingent Divorce.
16. Judicial Divorce.
17. Consequences of Divorce.
18. Iddat.
19. Taking Back Divorced Wife (Raj'ah)
20. Pakistani Law.
21. Comparative Study.
Q. GUARDIANSHIP & WARD
1. Introduction.
2. Nature and Definition
3. Kinds of Guardianship.
a. Guardianship in marriage.
b. Guardianship for custody of minor.
c. Guardianship for property of minor.
d. Testamentary Guardianship.
4. Appointment of Guardian.
5. Court and its Jurisdiction.

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6. Form of Application.
7. Procedure on admission on Application.
8. Powers of Guardian Regarding immoveable property.
9. Powers of Guardian Regarding moveable property.
10. Removal of Guarding.
11. Child Custody Issues.
12. Conclusion.
Q. MUSLIM FAMILY LAW ORDINANCE 1961.
1. Introduction.
2. Section Wise.
Section 2=Definitions.
Section 3=Other Law.
Section 4=Right of pers stripes share in inheritace.
Section 5=Registration.
Section 6=Polygamy.
Section 7=Detailed procedure to pronounce talaq.
Section 8=Dissolution of Marriage
Section 9 =Maintenance.
Section 10=Dower.
Section 11=Powers to make Rules
Section 12 & 13 ommitted.
3. Criticism.
a. Overrides to Islamic Law.
b. Restriction on Ploygamy.
c. Treatment of Divorce.
d. About Talaq.
e. Fixed Period of 90 days.
f. Nature of dower is missing.
g. Having Additional Wife.
h. Right of Ruju.
Q. ISLAMIC LAW OF INHERITIANCE
1. Introduction.
2. Historical Perspective.
3. Quranic Interpretation.
4. Elements of Inheritance.
5. Distribution.
6. Conclusion.
Q. WAQAF
1. Introduction.
2. Meaning and Definition.
3. Prerequisites of Waqf.
a. Permanent Dedication.
b. Property of any type.
c. Waqif be owner of property subject matter of waqf.
d. Waqif be competent
e. For any purpose recognized by Sharia.
4. Mouqoof-Alaih.
5. Creation of Waqf.
6. Formalities for creation of Waqf.
7. Completion of Waqf.
8. Types of Waqf.
a. Public Waqf.
b. Private Waqf.
c. Quasi Waqf.
9. Revocation of Waqf.
10. Mutwalli.
11. Appointment of Mutwalli.
12. Persons competent to be Appointed as Mutawalli.
13. Powers and functions of Mutawalli.
14. Doctrine of Cypress.
15. Doctrine of Musha.
16. Position in Pakistan.
17. Conclusion.
Q. Sources of International Law
1. Introduction:

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2. Sources:
i. Treaties.
a. Law making treaties.
b. Treaty contracts.
ii. Custom.
a. Custom and usage distinguished.
b. When usage becomes a custom.
i. Material Test.
ii. Psychological Test.
a. Diplomatic Relations Between States.
b. Practice of International Relations.
c. State Law and State Military and Administrative Practices.
(Scotia Case)
c. Judicial Application of Custom.
iii. The General Principles of Law.
iv. Judicial or arbitral decisions.
a. Decisions of the International Judicial Tribunals.
b. Judicial Decisions of the state courts.
c. Decisions of International Arbitral Tribunals.
v. Text Writers, works of Jurists and Commentators.
vi. International Comity.
vii. International State Papers other than treaties.
3. Conclusion.
Q. EVOLUTION OF INTERNATIONAL LAW.
1. Introduction.
2. The Primitive Stage.
i. Ancient Greece.
ii. Ancient Rome
3. The middle ages.
i. Supremacy of church.
ii. Role of Emperor.
iii. Feudalism.
4. The rise of International Law in the 15th & 16th century.
i. Revival of learning.
ii. The sea trade
iii. Development of leagues.
iv. Custom of permanent legations.
v. Development of standing armies.
vi. Renaissance and Reformation.
vii. Rise of numbers of thinkers.
5. The time of Grotius and after.
6. The peace treaty of Westphalia.
7. Numbers of textbooks.
8. The 19th century.
9. The 20th century.
10. Conclusion.
Q. IS INTERNATIONAL LAW A TRUE LAW.
1. Introduction.
2. Two Schools of Thoughts.
i. International Law is not a true Law.
a. There is no agency of International Legislation.
b. There is no organized force to enforce.
c. Absence of determinate impartial third party.
d. Criticism
a. International Law is a true Law.
a. Sanction is not required for a Law.
b. International Legislation in Modern Times.
c. Existence of Sovereign is not pre-condition.
d. Customary Rules of International Law.
e. Law making treaties.
f. International Law is a Municipal Law.
g. International Court of Justice.
h. Violation is nothing to do with the legality of law
i. Criticism.
ii. Essentials of Law.

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a. A community.
b. A body of rules for human conduct.
c. Consent of that community.
iii. Strength and weakness of International Law.
a. Lacks an effective executive authority.
b. Lacks an effective legislative machinery.
c. Lacks of compulsory jurisdiction.
d. Lacks of effective sanctions.
e. Non-intervention in domestic jurisdiction.
f. Failure to maintain order and peace.
a. I.R Law is an indispensable body of rules.
b. Growing interdependence of states.
c. Establishment of I.R institution.
d. Establishment of International Organizations.
e. Influence of International Writers.l.
Q. SUBJECTS OF INTERNATIONAL LAW.
1. Introduction.
2. States.
3. Individuals.
a. Individuals are subjects
b. Individuals are Not Subjects.
4. Non-State Entities.
5. International Institutions.
6. Conclusion.

Q. TERRITORY (ACQUISITION & LOSS)


1. Introduction.
2. Modes of Acquisition of Territory.
a. Occupation.
b. Prescription.
c. Accretion.
d. Cession.
e. Annexation/Conquest.
3. Acquisition of Territorial Sovereignty.
i. Occupation.
a. The theory of continuity.
b. The theory of contiguity.
c. Island ofPalmas Arbitration.
ii. Annexation.
a. Conquest.
b. By formal declaration.
iii. Accretion.
iv. Cession.
v. Prescription.
vi. Other methods.
a. Lease.
b. Pledge.
c. Plebiscite.
vii. Newly emerged state.
4. Loss of terrestrial Sovereignty.
i. Abandonment.
ii. By conquest.
iii. By operation of Nature.
iv. By prescription.
v. Revolt.
vi. Subjugation.
5. Conclusion.
Q. TYPES OF JURISDICTION
Q. RELATIOSHIP B/W INTERNATIONAL LAW AND MUNICIPAL LAW.
1. Introduction.
2. International Law: Definition & Explanation.
3. Municipal Law: Definition & Explanation.
4. Monistic Theory & criticism
5. Dualism Theory & criticism.
6. Transformation Theory and criticism.

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7. SPECIFIC ADOPTION THEORY
8. DELEGATION THEORY
9. EMERGING TRENDS
10.The case of Filartiga v. Pena Irala
11.Paquete Habana Case
Points of differences.
a. Nature.
b. Subjects.
c. Scope.
d. Functions.
e. Jurisdiction.
f. Sources.
12. Conclusion.
Q. RECOGNITION.
1. Introduction.
2. Meaning of recognition.
3. Definition of Recognition.
4. Explanation
5. Conditions for recognition.
a. People
b. Territory.
c. A Government.
d. Sovereignty.
6. Theories of Recognition.
a. Constitutive.
b. Declaratory.
7. Expressed and Implied Recognition.
8. Recognition subject to conditions.
9. Collective recognition.
10. Difference b/w recognition of Heads of State & Head of Government and State recognition.
11. De-facto and De Dure Recognition.
12. Retroactivity of Recognition.
13. Consequences of Recognition.
14. Recognition and the U.N.O
15. Recognition of belligerency and insurgency belligerency.
16. Conclusion.
Q. DIPLOMATIC PRIVILEGES AND IMMUNITIES
1. Introduction.
2. Who are diplomats.
3. Vienna Convention on Diplomatic Relations 1961
4. Theory on Diplomatic Immunities.
a. Extra Territorial Theory.
b. Representational Theory.
c. Functional Theory.
5. Immunities and Privileges.
a. Inviolability of Diplomatic Agents.
b. Inviolability of the staff or the mission.
c. Inviolability of the Family Members.
d. Inviolability of premises.
e. Immunity from the Civil Jurisdiction.
f. Immunity from Criminal Jurisdiction.
g. Immunity from giving witnesses.
h. Immunity from taxes and customs duties.
i. Immunity from inspection of personal baggage.
j. Freedom of communication.
k. Freedom of movement and travel.
l. Right to worship.
m. Immunity from social security provosions.
n. Immunity from Local and Military obligations.
6. Waiver of Immunity.
7. Immunities during Armed Conflict.
8. Termination of Diplomatic Mission.
g. Termination of the Head of Mission.
a. Expiration of the Time.
b. Recall of diplomatic Agent.

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c. On the request of the receiving state.
d. Notification upon filfilment of Diplomatic Function.
e. Persona non-Granta.
iii. Termination of the mission as awhole.
Conclusion.
Q. PEACEFUL MEANS OF SETTLEMENT OF INTERNATIONAL DISPUTES
1. Introduction.
2. Meaning of Dispute.
3. Peaceful Means of Settlement of International Disputes.
i. Political Means.
a. Negotiation.
b. Fact Finding.
c. Judicial Settlement.
d. Negotiations.
e. Good Offices.
f. Mediation.
g. Conciliation.
h. Enquiry.
Legal Means.
a. Arbitration
b. Adjudication.
c. Under the auspices of UNO.
4. Conclusion.
COERCIVE MEANS
Retorsion
Reprisals
Intervention
Pacific Blockade
WAR
EMBARGO/BLOCAKE
Q. LAW OF TREATIES.
1. Introduction.
2. Meaning of Treaty.
3. Definition of Treaty.
4. Different Names of Treaties.
5. The Vienna Convention on Law of Treaties.
6. Kinds of Treaties.
a. Bilateral Treaties.
b. Pluriteral Treaties.
c. Multilateral Treaties.
7. Who can be parties to a Treaty.
8. Formation of Treaties.
a. Accrediting of persons by the contracting states.
b. Negotiations.
c. Adoption.
d. Signatures.
e. Ratification.
f. Accession and Adhesion.
g. Entry into Force.
h. Registration and Publication.
9. Certain General Principles of Treaties.
a. Pacta Sunt Servanda.
b. Free Consent of the Parties.
c. Reservations.
d. Pacta Tertis Nec Nocent nec prosunt.
e. Jus Cogens.
f. Part Performance.
g. Rebus Sis Stantibus.
10. Invalidity of Treaties.
a. Lack of proper authority.
b. Error.
c. Fraud.
d. Corruption of the Representatives.
e. Coercion of Representatives.
11. Termination of Treaties.

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a. By Consent of the parties.
b. By Denunciation.
c. By Concluding other Treaty.
d. By Material Brach.
e. Impossibility of performance.
f. According to the provisions of the Treaty.
g. By Emergence of Jus Conges.
h. By fundamental changes of circumastances.
12. Conclusion.
Q. THE SECURITY COUNCIL
1. Introduction.
2. Composition.
a. Permanent Members.
b. Non-Permanent Members.
3. Functions and Powers.
a. Pacific settlement of disputes.
b. Action with respect to threats to the peace.
4. Voting
5. Procedure.
Q. PIRACY.
1. Introduction.
2. Meaning of Piracy.
3. Definition.
4. Essential Elements of Piracy.
a. Violence in robbery at high seas for private ends.
b. Illegal acts against crew or passengers.
5. Case (Piracy Jure Gentium 1934)
6. Piracy under municipal Laws.
7. Private Ships as Subjects of Piracy.
8. Public Ships as subjects of piracy.
9. Object of Piracy.
10. How piracy is effected.
11. Where piracy can be committed.
12. Jurisdiction over pirates and their punishments.
13. Conclusion.

Human Rights
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,
language, religion, or any other status. Human rights include the right to life and liberty, freedom from
slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
Everyone is entitled to these rights, without discrimination.

International Human Rights Law


International human rights law lays down the obligations of Governments to act in certain ways or to refrain
from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals
or groups.

One of the great achievements of the United Nations is the creation of a comprehensive body of human
rights law—a universal and internationally protected code to which all nations can subscribe and all people
aspire. The United Nations has defined a broad range of internationally accepted rights, including civil,
cultural, economic, political and social rights. It has also established mechanisms to promote and protect
these rights and to assist states in carrying out their responsibilities.

The foundations of this body of law are the Charter of the United Nations and the Universal Declaration
of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the
United Nations has gradually expanded human rights law to encompass specific standards for women,
children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that
protect them from discrimination that had long been common in many societies.

Universal Declaration of Human Rights


The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human
rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the
world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December
1948 by General Assembly resolution 217 A (III) as a common standard of achievements for all peoples

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and all nations. It sets out, for the first time, fundamental human rights to be universally protected. Since
its adoption in 1948, the UDHR has been translated into more than 500 languages – the most translated
document in the world - and has inspired the constitutions of many newly independent States and many
new democracies. The UDHR, together with the International Covenant on Civil and Political Rights and
its two Optional Protocols (on the complaints procedure and on the death penalty) and the International
Covenant on Economic, Social and Cultural Rights and its Optional Protocol, form the so-called
International Bill of Human Rights.

Economic, social and cultural rights


The International Covenant on Economic, Social and Cultural Rights entered into force in 1976. The human
rights that the Covenant seeks to promote and protect include:

the right to work in just and favourable conditions;


the right to social protection, to an adequate standard of living and to the highest attainable standards of
physical and mental well-being;
the right to education and the enjoyment of benefits of cultural freedom and scientific progress.
Civil and political rights
The International Covenant on Civil and Political Rights and its First Optional Protocol entered into force
in 1976. The Second Optional Protocol was adopted in 1989.

The Covenant deals with such rights as freedom of movement; equality before the law; the right to a fair
trial and presumption of innocence; freedom of thought, conscience and religion; freedom of opinion and
expression; peaceful assembly; freedom of association; participation in public affairs and elections; and
protection of minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment
or punishment; slavery and forced labour; arbitrary arrest or detention; arbitrary interference with privacy;
war propaganda; discrimination; and advocacy of racial or religious hatred.

Human Rights Conventions


A series of international human rights treaties and other instruments adopted since 1945 have expanded the
body of international human rights law. They include the Convention on the Prevention and Punishment of
the Crime of Genocide (1948), the International Convention on the Elimination of All Forms of Racial
Discrimination (1965), the Convention on the Elimination of All Forms of Discrimination against Women
(1979), the Convention on the Rights of the Child (1989) and the Convention on the Rights of Persons with
Disabilities (2006), among others.

Human Rights Council


The Human Rights Council, established on 15 March 2006 by the General Assembly and reporting directly
to it, replaced the 60-year-old UN Commission on Human Rights as the key UN intergovernmental body
responsible for human rights. The Council is made up of 47 State representatives and is tasked with
strengthening the promotion and protection of human rights around the globe by addressing situations of
human rights violations and making recommendations on them, including responding to human rights
emergencies.

The most innovative feature of the Human Rights Council is the Universal Periodic Review. This unique
mechanism involves a review of the human rights records of all 192 UN member states once every four
years. The Review is a cooperative, state-driven process, under the auspices of the Council, which provides
the opportunity for each state to present measures taken and challenges to be met to improve the human
rights situation in their country and to meet their international obligations. The Review is designed to ensure
universality and equality of treatment for every country.

UN High Commissioner for Human Rights


The United Nations High Commissioner for Human Rights exercises principal responsibility for UN human
rights activities. The High Commissioner is mandated to respond to serious violations of human rights and
to undertake preventive action.

The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for United Nations
human rights activities. It serves as the secretariat for the Human Rights Council, the treaty bodies (expert
committees that monitor treaty compliance) and other UN human rights organs. It also undertakes human
rights field activities

Most of the core human rights treaties have an oversight body which is responsible for reviewing the
implementation of that treaty by the countries that have ratified it. Individuals, whose rights have been
violated can file complaints directly to Committees overseeing human rights treaties.

Human Rights and the UN System

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Human rights is a cross-cutting theme in all UN policies and programmes in the key areas of peace and
security, development, humanitarian assistance, and economic and social affairs. As a result, virtually every
UN body and specialized agency is involved to some degree in the protection of human rights. Some
examples are the right to development, which is at the core of the Sustainable Development Goals; the right
to food, championed by the UN Food and Agriculture Organization, labour rights, defined and protected
by the International Labour Organization, gender equality, which is promulgated by UN Women, the rights
of children, indigenous peoples, and disabled persons.

Human rights day is observed every year on 10 December.


LAND REVENUE ACT
Q. DEFINITIONS.
Section 04.
1. Agricultural Year.
2. Arrears of Land Revenue.
3. Assessment Circle
4. Board of Revenue.
5. Boundary Mark.
6. Commencement.
7. Defaulter.
8. Encumbrance.
9. Estate.
10. Holding. 10-A Irrigated Land.
11. Kananga.
12. Landlord.
13. Land owner.
14. Land Revenue.
15. Legal Practitioner.
16. Net Assists.
17. Patwari.
Q. CLASSES OF REVENUE OFFICER
1. Introduction
2. Definition of Revenue Officer.
3. The board of Revenue
Definition
"BOR means the BOR established under the West Pakistan board of revenue Act 1957"
Duties
The BOR exercise general superintendence and control over all revenue officers.
The BOR appoints revenue officers.
The BOR transfers revenue officers.
The BOR is the highest Court of appeal and revision.
The BOR distribute business, withdrawal and transfer cases.
4. 2. Executive District Officer (EDO)
The province is divided into divisions and the EDO is an in-charge of a division and all officers are
subject to its control
Appointment
The EDO shall be appointed under the L.R.A. 1967 for each division.
Duties
The EDO can distribute any business to any officers under its control.
The EDO can transfer any case pending before any subordinate officer to any other officer subordinate
to him.
The EDO may withdraw any case pending before any subordinate and shall either to dispose of it
himself or to transfer to any other officer subordinate to him to be disposed of.
The EDO may refer any case which he is empowered to dispose of under this act to any other revenue
subordinate for investigation and report and may decide the case upon such report after given the parties
concerned an opportunity of being heard.
EDO can summon any person whose attendance he considers necessary for the purpose of any business
before him as revenue officers.
5. Collector
The EDO is a revenue head of a division while collector is the head of a district. He is District Officer
revenue in a district. The collector is the most reasonable position holder of a district and perform multi-
task duties.
Appointment
The collector shall be appointed under the L.R.A. 1967 in a district.
Duties

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The collector may transfer any case pending before any subordinate officer to any other officer to his
choice.
The collector may withdraw any case pending before his assistant collectors to any other subordinate
officer and shall either to dispose of it himself or transfer the case to any other assistant collector or any
other subordinate officer for disposal.
The collector may refer any case, which he is empowered to dispose of himself under this act to any
other revenue officer subordinate to him for investigation and report and may decide the case on such
report after giving the parties concerned an opportunity of being heard.
The collector may summon any person whose attendance he considers necessary for the purpose of any
business before him as revenue officer.
6. Assistant Collector of Ist Grade
7. The assistant collector of the Ist grade is appointed as revenue officer as head of a sub-division.
Duties
8. Assistant Collector Ist grade performs his duties as per directions of Provincial Government.
9. Assistant Collector of Second Grade
10. Tehsildar and Naib Tehsildar are normally assistant collectors of the second grade.
Duties
11. Assistant collector second grade perform his duties as per directions of Provincial Government.
All appointments to be made by Notification
The appointments of all revenue officers shall be made by notification.
Combination of Offices
It shall be lawful to Government to appoint one and the same person being otherwise competent
according to law, to any two or more of the revenue offices.
Scope
Revenue officers has power to take the cognizance of the following offences:
Intentionally giving or fabricating false evidence at any stage of judicial proceeding.
Making of malicious or corrupt reports or pronouncement at any stage of a judicial proceeding by a
public servant.
Intentional insult or interruption to public servant sitting in judicial proceedings.Appointments.
12. Additional commissioners and additional collectors.
13. Assistant Collector
14. Tahsildars, etc.
15. Appointments by notifications.
16. Powers to distribute business and withdraw and transfer cases.
17. Combination of officers.
18. Confernment of powers of Revenue Officers.
19. Functions of Revenue officer.
20. Retention of powers by Revenue officer on transfer.
Q. LAMBARDAR.
1. Introduction.
2. Relevant Provision (Section 36).
3. Kinds of Village Officers.
i. Headman or Lambardars.
ii. Kanungos.
iii. Patwaris.
iv. Zabits.
v. Kotars.
vi. Tapedar's peon.
vii. Arbabs
viii. Rais.
4. Headman or Lambardar.
5. Lambardari System
6. Remuneration of lambardar is 5% of the land revenue collected.
7. Appointment of Headman (First Time)/
i. Hereditary claims.
ii. Extent of property in possession.
iii. Services rendered to the state.
iv. Personal Influence.
v. Strength of community.
vi. Ability to undergo Civil Defense Training.
vii. Appointment of successor to Headman.
a. All considerations other than hereditary.
b. Nearest eligible heir.
c. Refusal by the collector.
d. In case of female.

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e. Appointment in case of absentees/temporary appointment.
f. In case of Minor.
g. Appointment of Lambardar is not a civil Right.
8. Dismissal of Headman.
i. Imprisonment for one year.
ii. Ceases to be land owner.
iii. Mortgage of holding.
iv. Transfer of Holding.
v. Criminal proceedings.
vi. Debt.
vii. Small holding.
viii. Incapacity
ix. Illegal activities.
x. Unconstitutional agitation.
xi. Failure to discharge duties.
xii. Attachment of holding.
9. Duties of Headman.
i. Collection of land revenue.
ii. Collection of rents.
iii. Acknowledgement of payment received.
iv. Maintenance of Accounts.
v. Report of death.
vi. Report of encroachments.
vii. Report of destruction to property.
viii. Carrying out of order of collector.
ix. Assisting the collector.
x. Attendance of summons.
xi. Report regarding outbreak of disease.
xii. Report any cut in irrigation canal.
xiii. Assist officers of Governments.
xiv. Assistance to the Postman.
10. Conclusion.
Q. MUTATION AND ITS PROCEEDURE.
1. Introduction.
2. Meaning.
3. Procedure.
I. Procedure for patwari.
a. Acquisition of Right and its report.
b. Period of such report.
c. Recording of report in Roznamcha.
d. Copy of the report.
e. Forwarding of cop to UC,TC.
f. Report in case of Minor.
g. Entry in the register of mutation.
h. Display of Report
i. If the Patwari fails to record then RO will take the casue.
II. Procedure for Revenue Officer.
a. Inquiry by revenue office.
b. Signatures.
c. Sending of Gist of order.
d. Report of cause of delay to collector.
e. Time period.
f. Identification.
g. Attestation of mutation.
h. Order of RO.
Q. ASSESSMENT.

Q.PROCEDURE FOR RECOVERY OF ARREARS.


27. Introduction.
Land revenue Act first provide for procedure for determination of land revenue and thereafter provides
machinery for realization of such revenue. Authority concerned must therefore first decide whether or
not any arrears are due.
28. What is arrears. Section 4(2)
29. Defaulter. (Section 4(7).
30. Recovery Proceedings.

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First five processes can be carried out by the head of the district without reference to any higher
authority. The three remaining methods of coercion can only be used with the assent of the Board of
Revenue.
31. Process for Recovery of Arrears (Section 80).
a) By service of notice of demand on the defaulter. (Section 81)
b) By arrest and detention of his person. (Section 82).
i. Object
ii. Lapse of 20 days of notice.
iii. Revenue Officer may issue a warrant.
iv. Directing an Officer to arrest the person or surer.
v. Presence Before Revenue Officer.
vi. Detention of defaulter for period not exceeding ten days.
vii. Reporting of Action to collector.
viii. Detention in Jail for one months.
ix. Exemptions of detention to female, minor and lunatic.
x. Stop of warrant in case of payment of arrears or security.
xi. Setting Free the defaulter in case.
xii. Recovery of Agriculture Loan.
c) By distress and sale of his moveable property. (Section 83).
i. Arrears Due.
ii. Distrained/selling of uncut or ungathered crops of defaulter.
iii. Distress or sale under Rules.
iv. Exemption to family and cattle's.
d) By transfer. (Section 84).
i. Arrears Due.
ii. Collector may transfer the holdings.
iii. To land owner not being defaulter on payment of land revenue due.
iv. Adoption of process adopted in clause (b) and (c) of section 80
v. Period of transfer I ) till the end of agricultural year ii) 15 years.
vi. Transfer is to be reported to the Board of Revenue.
vii. Restoration of Holding.
e) By attachment. (Section 85).
i. Taking the management of property by the collector or his agent.
ii. Bound by the engagement with tenant.
iii. Surplus profits shall be charged for application of charges.
iv. Period of attachment is 5 years.
f) By the annulment. (Section 86).
i. Arrears due long than one year.
ii. The Board of Revenue may annulled the assessment.
iii. The Collector may manage the Land.
iv. Term of such management.
v. Contracts during management under the collector.
g) By the sale of holding. (Section 88).
i. Revenue due.
ii. Foregoing process are not sufficient.
iii. Limitation over sale in case land is under the charge of the courts of Wards.
iv. Land under attachment.
v. Land under direct management of collector.
vi. Effect of Sale on encumbrance (Section 89).
a. Lease, b. contract in good faith.
h) By proceedings against other property (Section 90).
i. Arrears due and cannot be recovered.
ii. The collector may proceed against other property of the owner.
iii. Issuance of proclamation by the collector.
iv. Withdrawal of proclamation.
v. Alienation after issuance of Proclamation.
Conclusion.
Q. APPEAL, REVISION AND REVIEW
APPEAL
1. Introduction.
2. Meaning.
3. Definition of Appeal
4. Forum of Appeal.
a. Assistant Collector=> Collector.
b. Collector=>Commissioner.

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c. Commissioner=>Board of Reveue.
5. Exceptions.
a. No Appeal shall lie.
a. Attachment order of civil court.
b. Sanction to Revie.
c. Refusal to increase lamberdars.
d. Disallowing nomination of arbitrator.
e. Order on misc. potion
6. Orders from which appeals lies.
a. Order on review.
b. Determination as to entry.
c. Order as to petition.
d. Creation of an additional post of lumbardar.
7. Limitation for appeal.
a. From the date of order.
b. Thirty days in case of appeal lies to the collector.
c. Sixty days in case appeal lies to the commissioner.
d. Ninety days if appeal lies to BOR.
e. Application of limitation Act 1908.
8. Procedure.
a. Application of CPC.
b. Introduction of new matters.
c. Further appeal.
d. When remand necessary.
e. Grounds must be examined.
REVIEW.
1. Introduction.
2. Meaning of Review.
3. Modes of Review.
a. Suo Moto
b. On Application.
4. Cases when review is allowed.
a. Mistake of fact.
b. Active Fraud.
c. New Evidence.
d. No opportunity to respondent.
e. No acquiescence.
f. Misrepresentation.
g. Review in case of lambardar.
h. Change in Law.
5. Instances where review not allowed.
a. Matters requiring elaborate inquiry.
b. Ignorant of Law.
c. Refusal to review.
6. Limitation period for the application.
a. Review of an order in Appeal.
b. Confirmation of review or order.
c. Notice
d. Sufficient cause for delay.
e. Confermation of appeal of order.
f. Opportunity for being heard.
7. Obligations regarding review.
a. Review by commissioner.
b. Review by subordinate officer.
c. Sanction of senior officer.
REVISION.
1. Introduction.
2. Meaning.
3. Modes.
a. Suo Moto
b. On Application.
4. Authorities competent for revision.
a. Only Board of Revenue.
5. Guidelines to be followed by BOR in case of revision.
a. If the order of the subordinate court is without jurisdiction.

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b. If the court has not exercised the jurisdiction vested in it.
c. If the court has acted illegally or with material irregularity
d. Additional evidences are not allowed.
e. New points should not be raised.
6. Limitation.
a. No limitation in case of suo moto.
b. 90 days period in case of application.

Q. RECORD OF RIGHTS AND INCLUDED DOCUMENTS.


1. Introduction.
2. Meaning of record of rights.
3. Objects of record of rights.
4. Kinds of Records of Right.
a. Standing Record.
b. Periodical Record.
5. Documents included in the Record of Rights.
a. Nakhsha Hadbast or sketch map.
b. Shajra or field map.
c. Khasra or register of fields.
d. Khasra Girdawari.
e. Khatauni.
f. Tahrij Asamiwar.
g. Darkhwast Manguzai or an agreement of land owners accepting the assessment.
h. Khewat.
i. Ikrarnama of Wajibul arz.
j. Jamabandi.
k. Rubakar.i.akhir.
l. Shajra Nasab.
m. Naqsha Surat Dehi.
Q. DETERMINATION OF QUESTION AS TO TITLE.
1. Introduction.
2. Meaning
3. Procedure for disposal of question of title.
a. Suspension of proceedings.
b. Recording of Brief as to cognizance.
c. Pronouncement of judgement.
d. Determination by revenue office.
e. After determination by civil court.
f. Stay order by the civil court.
g. Failure to file civil suit.
h. Second appeal.
i. Appeal.
4. Three fold capacities of revenue office.
a. As a revenue office
b. As a revenue court.
c. Civil court.
Q. CLASSES OF REVENUE OFFICERS
1. Introduction.
2. Duties/functions of Revenue Officers.
3. Classes of Revenue Officers.
I. Board of Revenue.
a. Definition.
b. Duties of the Board.
c. Powers to distribute business and withdraw and transfer.
II. Commissioner.
i. Appointment of commissioner.
ii. Duties of commissioner.
III. Collector.
i. Appointment.
ii. Duties.
iii. Deputy Commissioner/Assistant Commissioner as Collector
IV. Assistant Collector of First Grade.
i. Duties.
V. Assistant Collector of Second Grade..
i. Tehsildar, Naib Tehsildar.

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ii. Duties.
4. Appointments by Government through notification.
5. Combination of offices.
6. Retention of powers by Revenue Officers on transfer.
Q. ARBITRATION.
1. Introduction.
2. Meaning of arbitration.
3. Matters to be referred to Arbitration.
a. Matters relating to entry.
b. Matters relating to distribution of and assessment.
c. Matters relating to limits.
d. Matters relating to partitions.
4. Power to refer to arbitration.
a. Consent of parties.
b. Without consent of parties.
c. Order of reference.
d. Numbers of Arbitrators.
5. Nomination of Arbitrator.
a. Party to nominate Arbitration.
b. Disallowing Nomination.
6. Nomination and substituions
a. Failure to nominate Arbitrator.
b. Disallowance of the nominatin.
c. Death of arbitrator.
d. Incapable.
e. Discharge of Arbitrator.
f. Refusal of Arbitration.
g. Failure to nominate arbitrator in place of Another Arbitrator.
7. Process of Appearance before Arbitration.
a. Issuance of same processes.
b. Duty to state truth.
c. Party bound to appear before the arbitrator.
8. Award of arbitrator.
a. Mode of Award.
b. Grounds on dissent of Arbitrator.
c. Statement of reasons.
d. Presentation of Award.
9. Procedure on Presentation of Award.
a. Consideration of Award.
b. Hearing of Objections.
10. Effect of Award.
11. Application of Arbitration Act.
Q. PARTITION AND ITS PROCEDURE.
1. Introduction.
2. Meaning of Partition.
3. Definition of Partition.
4. Application for Partition of Land.
a. Conditions for Filing Application.
i. Written acknowledgment of right.
ii. Record of share.
iii. Establishment of right in share.
iv. Person who may apply for partition.
V. Position of widow.
Vi. Position of Mortagee.
5. Restrictions and limitation on partition.
i. Worship place.
ii. Means of supply of water.
iii. Graveyard.
iv. Sites of Towns.
V. Grazing Grounds.
Vi. Land Causing inconvenience.
6. Procedure of partition.
i. Notice of Application.
a. Fixing of day of hearing.
b. Notice on any other person.

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c. Notice of application on recorded.
ii. Disallowance of partition.
iii. Addition of party.
Vi. Procedure on admission of application.
V. Dispose of question as to title.
a. Revenue office to decline to grant the application for partition.
b. Party to file suit in the civil cout.
C. Failure to file suit.
Vi. Instrument of Partition.
Vii. Delivery of passion of property.
VIII.Limitation.

Q. WHO CAN EXERCISE THE RIGHT OF PRE-EMPTION VESTS


1. Introduction.
2. Right of Pre-emption (Section 06)
3. To whom the right of pre-emption vests (Section 07).
i. Firstly, in Shafi Sharik;
Person who is co-owner in the corpus of undivided immoveable property.
ii. Secondly, in Shafi Khalit;
Participator in the special rights having rights of passage, rights of passage, right of passage of
water or right of irrigation.
iii. Thirdly, in Shafi Jar.
Right of pre-emption because of owning an immoveable property adjacent to immoveable
property sold.
Right of pre-emption shall be exercisable only in case of Zaroorat or to avoid Zarar.
4. Priorities in the right of pre-emption (Section 07).
Person Having Special Right Shall have precedence over a person having a general right.
Person having right of passage shall have precedence over the person having right of passage
of water.
Person having property near to the property sold have precedence over pre-emptor having
property not so near.
5. Joint Right of Pre-emption how exercised (Section 08).
All the members of such class or group jointly.
By any two or more of them jointly.
By them severally.
6. Method of distribution of the property where more than one person are equally entitled (Section 09).
More than one person equally entitled.
Property Shell be Distributed in equal shares and not according to their respective shares in the
house.
7. Withdrawal of claim (Section 10).
More than one pre-emptor having sued jointly.
One or more wants to withdraw their claim.
The remaining shall be entitled to the whole property.
8. Conclusion
Q. DEMANDS IN PRE-EMPTION.
1. Introduction.
2. Relevant Provision (Section 13).
3. Demands.
i. Talb.i.muwathibat.
a. Requirements of Talb.i.muwathibat.
i. Expression of intention on receiving the information.
ii. The particulars, detail of date, time and place.
iii. Name of the witness.
iv. Presence of witness.
v. Completion of sale.
Vi Any delay.
Vii. Deposit of Zar.e.Soem
j. Talb.i.ishaad
i. After making of first demand within two weeks.
ii. Notice of Talb.i.Ishaad and its requirements.
k. Talb.i.Khusumat.
i. Filing a suit.
Conclusion.
Q. CLASSES OF PRE-EMPTOR.

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1. Introduction.
2. Object of pre-emption.
3. Relevant provisions.
i. Shafi Sharifk.
a. Co-owner-co sharer.
ii. Shafi Khalit
iii.
iv. Shafi Jar.
Q. MARKET VALUE.
1. Object of determining market value.
2. The price received by vendor by vendee.
3. Estimated amount of average annual net profits.
4. The value of similar property in neighborhood.
5. Value of similar property by previous sale in near past.
6. Other amounts payable by pre-emption
Q. SUIT FOR ENFORCMEN TOF PREEMPTION.
1. Introduction.
2. Limitation period for filing a suit.
a. Four months from the date of the registration of the sale deed.
b. Of the attestation of the mutation.
c. On which the vendee takes physical possession.
d. Of knowledge by the pre-emptor.
3. Vendee is the necessary party.
4. Claim for the whole of interest.
5. Exceptions.
a. When pre-emptor not entitled to pre-empt the whole.
b. Wen separate transactions of sale.
c. When more vendees.
d. When claim is combined.
e. When vendee sells a potion of property.
f. When partial properties are under the subject.
6. Effect of death of pre-emptor
7. Decree in a suit for pre-emption.
8. Consideration for pre-emption.

1. Discuss in detail the law relating to personal cultivation: 2009, 2013, S2016, 2017
2. Analyze the provisions of the Punjab Tenancy Act 1887 which relate to limit of holding for Personal
cultivation: 2014 S2015
3. Explain fully the procedure of Review under Tenancy Act: 2009.
4. Define and Explain: i. land, ii. Rent, iii. Tenant, iv. Jagirdar: S2009
5. On What Grounds can a tenant for a fixed term be ejected before the expiry of the term: S2009.
6. Discuss in detail the grounds of ejectment of various tenants alongwith restrictions on such ejectment:
S2010
7. What are the grounds for the ejectment of (a) Tenant from year to year (b) Tenant for fixed term (c)
Occupancy Tenant also state restrictions on ejectment: 2011, S2014, S2016, 2018
8. What are the grounds on which a non-occupancy tenant for a fixed term can be ejected from his tenancy:
2012
9. Analyze various legal provisions relating the ejectment of occupancy tenant, tenant for fixd term and
tenant from year to year. Also Discuss the restrictions, if any, on such ejectment: 2015
10. Time is of essence in ejectment proceedings. Explain with reference to the grounds of ejectment of a
tenant for a fixed time: s2012
11. Discuss the procedure of division of produce between the landlord and tenant in case of dispute
regarding such division: 2010, S2011, S2013, S2017
12. Discuss in detail the respective rights of Land Lord and Tenant with respect to produce of the tenancy:
S2010, 2014
13. Write detailed note on improvement: 2010
14. Is a tenant entitled to compensation for the improvement made by him in his tenancy in case of his
ejectment or on enhancement of his rent. Also explain the nature of improvement for which a tenant is
entitled for compensation: S2012
15. Discuss the grounds for the establishment of occupancy rights under the Punjab Tenancy Act 1887:
2011, S2015, 2017
16. Analyze various provisions of the Punjab Tenancy Act 1887 which relate to the establishment of
occupancy rights: 2013
17. Discuss in detail the law relating to establishment of occupancy right under provisions of the Punjab
Tenancy Act, 1887: 2016

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18. Discuss the law relating to extinction of occupancy tenancies of Punjab: S2011, S2013, 2015
19. Analyze the legal provisions relating to extinction of occupancy tenancy as a result of enforcement of
Punjab Tenancy (Amendment) Act, 1952: S2014, 2016, 2018
20. What are the classes of occupancy tenants under the Tenancy Act what changes have been made in this
behalf: 2012

Q. DIFINITIONS.
1. Introduction.
2. Relevant Provisions (Section 09).
3. Land.
4. Rent
5. Arrears of Rent.
6. Tenant.
7. Landlord.
8. Tenancy.
9. Land revenue.
10. Rates and cess.
11. Village cess.
12. Village officer.
13. Revenue officer.
14. Jagirdar.
15. Agricultural Year.
16. Muqarraridar.
Q. RIGHTS AND DUTIES OF LANDLORD AND TENANT.
Q. Extinction of occupancy tenancies
Succession of right of occupancy in case of non-Muslim:
Male descendents
Widow’s mother:
Collateral relatives:
Extinction of occupation tenancy:
Condition of succession
Q. EJECTMENT OF TENANT (GROUNDS AND LIABILITIES).
1. Introduction.
2. Meanings of ejectment.
3. Grounds of ejectment of occupancy tenant.
a. Decree against tenant remains unsatisfied.
b. Failure to cultivate without sufficient reason.
c. Usage of ejectment of tenant for a fixed term.
d. Appeal.
e. Scope.
4. Grounds of ejectment of tenant for a fixed term.
i. On expiration of term.
ii. Ejectment before expiration of term.
a. Failure to cultivate.
b. Justifieable Grounds.
c. Misuse of Land.
5. Grounds of ejectment of tenant from year to year.
a. At the end of agricultural year.
b. By Notice
6. Restriction on ejectment.
a. Restriction on ejectment.
b. Decree for arrears of rent
c. Absence of rights of tenancy
d. Good cause of non-ejectioment.
7. Procedure for ejectment.
a. Application to revenue office.
b. Enquiry by the revenue office.
c. Serving of notice.
GROUND
Inconsistent use of land
Failure in cultivation for payment of rent in kind
By decree of Court
Grounds of ejectment of tenant for a fixed term

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Expiry of contract
Inconsistent use of land
Failure in cultivation to payment in kin
Under provisions of contract, decree, or order:
Q. ESTABLISHMENT OF RIGHTS FO OCCUPANCY.
1. Tenants having right of occupancy.
(a)
a. At the commencement of this act the tenant occupied that land.
b. For more than two generations in the male line
c. Occupancy for Period of not less than 20 years.
(b)
a. That he was once owner of that land.
b. Ownership has not been ceased in any case.
c. Continuously occupied the land.
(c)
a. Settled as cultivator
b. Held on 21st day of October 1868 on that village
c. Continuously occupied the land.
(d)
a. Being jagirdar of the estate.
b. Continously occupied for the period not less than 20 years.
2. Tenant having right before passing of the Act.
a. He was recorded as tenant.
b. Continuously occupied land from the time of the preparation.
c. Exception in case of decree of the court.
3. Right of occupancy in land taken in exchange.
4. Other grounds of establishment of occupancy rights.
5. Grounds insufficient for grant of occupancy.
a. Mere long possession.
b. Where the lower courts decree the claim.
c. No actual cultivation for three generation.
d. Lapse of time.
6. Right of occupancy by joint owner.
Creation of Tenancy Right
Payment of rent
Preceding (former, past) of two generations
Period of occupation
Once owner
Reasons of cessation
Continuous occupation
Settlement
Certain settlement
Occupation with founder
Thirty years’ occupancy
Occupation being Jagirdar
Occupation as Jagirdar
Tenant in Record-of-Rights (ROR)
Occupancy since preparation of record
Exchange of land

12. Respective rights of land-lord and tenant to produce


First charge
Rights of cultivation
Possession of produce
Rent by division of produce
Exclusive possession till division
Presence of landlord
Possession of share
17. Appointment of referee for division or appraisement
Who may apply for appointment
To whom application is made
Eligibility of referee:
Power to give instructions: When Revenue Officer appoints any person as referee, he gives him
instructions including:

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1. Association with Revenue Officer.
2. Number of other associated assessors.
3. Qualification of other assessors.
4. Selection criteria of appointment of other assessors.
5. Procedure which is to be followed in division or appraisement of produce.
How division is made
Notice before proceeding
Ex parte proceedings
Power of referee
Submission of record:
Confirmation of proceeding
Further enquiry
Cost of reference

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