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Any person having right has a corresponding remedy to institute suits in a court unless the jurisdiction of the court is barred.
#حق
#عدالت


یہ بات قانون کا ایک مسلمہ اصول ہے کہ جس کسی کے پاس بھی حق ہے تو اسے عدالت میں مقدمہ دائر کرنے کا حق بھی حاصل ہے، تاکہ وہ اپنے حق کی خلاف ورزی کے ازالے کے لیے قانونی سہولت حاصل کر سکے۔

#انصاف #حقوق #قانون #پاکستان #آئین #عدالت (Insaf ) بلند_کرو

"حق ہو تو انصاف بھی ملتا ہے" - یہ بات قانون کی بنیاد ہے۔ مطلب جب کسی کا حق چھینا جائے تو قانون اسے واپس دلوانے کا طریقہ بھی دیتا ہے تاکہ مظلوم کو انصاف مل سکے۔

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Indeed, "wherever there is a right, there is a remedy" encapsulates a fundamental principle of law. It signifies that when a legal right is violated or infringed upon, the legal system provides a corresponding remedy or recourse to address the harm suffered by the aggrieved party. This principle underscores the notion that the law seeks to ensure justice by providing avenues for individuals to seek redress when their rights are violated.

In essence, the principle emphasizes the inseparable connection between rights and remedies within the legal framework. It reflects the commitment of the legal system to uphold and enforce rights, thereby maintaining order, fairness, and accountability in society. Whether through compensation, injunctions, specific performance, or other forms of relief, the availability of remedies ensures that individuals can seek vindication and restoration in the face of legal wrongs.

When an order is lawfully made under the provisions of a statute, that order is law, and resistance to the ex*****on of that law is an offence.
جب کسی قانون کے تحت کوئی حکم قانونی طور پر دیا جاتا ہے، تو وہ حکم قانون ہوتا ہے، اور اس قانون پر عمل درآمد کے خلاف مزاحمت ایک جرم ہے۔

Each crime has its own set of elements that define it, as well as defenses that may apply under the circumstances. However, while each crime is different, there are several broad types of crimes that share features and defenses. It can be useful to examine all the crimes in a category in order to understand the overall approach and philosophy behind the criminal acts prohibited by lawmakers.

Lawfare is the use of legal systems and institutions to damage or delegitimize an opponent, or to deter an individual's usage of their legal rights.

Substantive rights are those rights that are granted to consumers by law. These rights are designed to protect consumers from unfair and deceptive practices by businesses. Some of the most important substantive rights of consumers include:

The right to safety: Consumers have the right to be safe from products and services that are defective or dangerous. This right is protected by product liability laws, which hold manufacturers and sellers liable for injuries caused by defective products.
The right to information: Consumers have the right to be informed about the products and services they are buying. This right is protected by laws that require businesses to disclose important information about their products, such as ingredients, warnings, and prices.
The right to choose: Consumers have the right to choose from a variety of products and services. This right is protected by antitrust laws, which prevent businesses from engaging in anti-competitive practices that limit consumer choice.
The right to be heard: Consumers have the right to have their complaints heard and addressed by businesses. This right is protected by consumer protection laws, which give consumers the right to file complaints with government agencies and to sue businesses for unfair or deceptive practices.
The right to redress: Consumers have the right to be compensated for injuries they suffer as a result of defective products or unfair or deceptive practices. This right is protected by product liability laws and consumer protection laws.

In addition to these substantive rights, consumers also have a number of procedural rights. Procedural rights are those rights that are designed to ensure that consumers have a fair opportunity to enforce their substantive rights. Some of the most important procedural rights of consumers include:

The right to access to courts: Consumers have the right to access the courts to enforce their rights. This right is protected by the Constitution, which guarantees all citizens the right to due process of law.
The right to a fair trial: Consumers have the right to a fair trial when they sue businesses. This right is protected by the Constitution, which guarantees all citizens the right to a trial by jury.
The right to representation: Consumers have the right to be represented by an attorney when they sue businesses. This right is protected by the Constitution, which guarantees all citizens the right to counsel.

Substantive and procedural rights are essential for protecting consumers from unfair and deceptive practices. By understanding their rights, consumers can be more informed and assertive in the marketplace.

The law changes because of societal pressure, and society changes because of the law.

A resides at Lahore, and B at Multan. B borrows Rs 2,000 from A at Karachi, and passesa promissory note to A payable at Karachi. B fails to repay the loan. A may sue B at Karachi where the cause of action arose, or at Multan where B resides. A cannot sue B at Lahore where A resides.

"Natural person" and "juristic person" are legal concepts used to distinguish between different types of entities, particularly in the context of legal rights, obligations, and capacities.

Natural Person:

A natural person refers to an individual human being, as opposed to any artificial or legal creation. It is the standard term for an individual in legal contexts.
Characteristics:
Has legal rights and responsibilities.
Possesses the capacity to enter into contracts, sue, and be sued.
Enjoys certain fundamental human rights.
Examples: John Doe, Mary Smith.
Juristic Person:

A juristic person, also known as a legal person or artificial person, is an entity that is not a natural person but is treated as a legal entity for certain legal purposes. Juristic persons can be created by law and can act in a manner similar to individuals.
Characteristics:
Can enter into contracts, own property, and sue or be sued.
Exists as a legal fiction, separate from its individual members.
Examples: Corporations, government entities, non-profit organizations.
In summary, a natural person is an individual human being, while a juristic person is a legal entity that is not a human being but is recognized as having legal personality. Both types of entities have distinct legal characteristics and capacities, and the recognition of these distinctions is fundamental in legal systems worldwide.

"The question arises that in the event of an uncertainty as regards the court within whose jurisdiction the property is situated, what is the remedy?
In circumstances, where it is doubtful in which of rwo or more courts, a particular property is situated, you are entitled to file suit in any one of such courts alleging such uncertainty. If the court is satisfied about uncertainty, it will record a statement to that effect and proceed to dispose of the suit. Its decree will be binding. However, the court must enjoy pecuniary as well as subject matter jurisdiction in respect of the suit. Any objection regarding jurisdiction raised in appellate or revisional court shall not succeed unless there is a failure in justice. Even failure to record a statement is not fatal to the decree. However, if there is no reasonable ground to believe that there was any uncertainty and if there is consequent failure of justice, such a decree becomes vulnerable, and liable to be set aside."

The cases where cause of action is common in respect of all the properties or the basis of claim is same then the suit can be brought at one of such places included within its scope and reliefs in respect of properties situated outside the jurisdiction of the court. However, it is necessary that all such properties must be in Pakistan, for courts have no jurisdiction in respect of properties situated abroad.

Suits for compensation for wrongs to person or moveables. Where a suit is for compensation for wrong done to the person or to moveable property, if the wrong was done within the local limits of the Jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the Jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.

Illustrations

(a) A, residing in 1[Karachi], beats B in 2[Quetta]. B may sue A either in 2[Quetta] or 1[Karachi].
(b) A, residing in 1[Karachi] publishes in 2[Quetta] statements defamatory of B. B may sue A either in 2[Quetta] or in 1[Karachi].

There are few essentials of a suit for Specific Performance, and such a suit is brought by one person (AB) against another person (CD) when the latter (CD) has agreed to sell his property to AB, but he refuses to carry out the agreement to sign the necessary deed of sale.
If AB wants the property himself he has to sue for specific performance, but if he is not particular about getting the property, he may sue CD for damages only for breach of the contract.

The reliefs claimed in a plaint are called prayers; they are contained in the last paragraph of the plaint.

In suits on mortgage, there is one remedy open to the mortgagor, namely, redemption, and there are two remedies open to the mortgagee, namely, sale or foreclosure, according to the nature of the mortgage.

Illustration

A borrows Rs 5,000 from B. It is agreed that A should repay the amount with intereston subject to a proviso that B will re-transfer the house to A upon payment of the mortgage-money on 1st January 1915.
If A tenders the mortgage-money to B on or after the due date, but B refuses to accept it alleging that more is due to him, and refuses also to transfer the house to A, A may sue B for redemption of the mortgage.

On the other hand, if A fails to pay the mortgage-money to B on the due date, B may sue A either for foreclosure of the mortgage or for sale of the house. The effect of a final decree for foreclosure in favour of B is to debar A from all rights to redeem the mortgaged property.

Where a tort has been committed, the remedy open to the party aggrieved is damages.
If B has already published them, A may sue B for damages.

Where a tort is about to be committed, the appropriate remedy is injunction.
If B is about to publish statements defamatory of A, A may sue B for an injunction to restrain B from publishing them.

As a general rule, it may be stated that where there is a breach of a contract to transfer immovable property, the plaintiff is entitled to specific performance of the contract," but where the breach is of a contract to transfer movable property, the plaintiff is not entitled to specific performance, but to damages only.
Thus if A agrees to sell B, A's house for Rs 1,000 and A fails to transfer the house to B, then B is entitled to a decree directing A to convey the house to B on B paying the purchase money to A.
If A agrees to sell B I00 maunds of sugar at the rate of Rs 3 per maund on a certain day and fails to deliver sugar to B, then B is entitled to only damages against A; for B can buy sugar of a similar quality in the market, and if B has to pay more for it, say at the rate of Rs 4 per maund, B may claim from A as damages Rs 100, being the difference berween the contract price and the market price.

Injunction is also one of the remedies in the case of certain contracts. Thus, if A lets B his land on condition that B should nor dig sand or gravel thereout, and B threatens to do so, A is entitled to sue B for an injunction to restrain B from digging in violation of the contract.

Where a question arises as to whether a plaintiff has claimed a particular relief, the court must read the plaint as a whole, and consider the substance of the matter rather than the form of pleading.
Hindaleo Industries Ltd v. Union of India, (1994) 2 SCC 594: 1993 (4) Scale 666.

Every suit must, as far as practicable, be framed to provide grounds for final decision on the subjects in dispute and prevent further litigation concerning them, and thus must include the whole of the claim which the plaintift is entitled to make in respect of the cause of action. Where neither the title of the plaintiff nor previous possession of the plaintiff nor encroachment by the defendants was made out, the suit was held liable to be dismissed. Splitting of claims is barred, however, any portion of the claim can be relinquished.
K. Mohammed Abubucker v. PSM Ahmed Abdul Khader,
(2009) 14 SCC 224 (232).

Question: In which court should then the suit be instituted?

Answer: In the court of the lowest grade competent to try it.

In a lawsuit for an accounting, the court can order the defendant to pay the plaintiff a sum of money that is greater than the amount of money that the court would normally be able to award. This is because the court has the authority to take into account all of the parties' financial dealings when making its decision.

For example, let's say that a court has a pecuniary jurisdiction of $10,000. This means that the court cannot normally award a plaintiff more than $10,000 in damages. However, if the plaintiff files a suit for an accounting and the court determines that the defendant owes the plaintiff $50,000, the court can still order the defendant to pay the plaintiff the full $50,000.

A legal statement that explains the difference between a First Information Report (FIR) and a statement recorded by the police after investigation. According to the statement, when a statement is recorded by the police after investigation, it is not considered an FIR and cannot be used as such under section 154 Cr. P.C. Instead, it is considered a statement before the police during investigation within the meaning of section 162 Cr. P.C. and can be used only for the purpose mentioned therein, namely for contradicting the witness in the manner provided by Article 140 of the 1984 Order ¹.

(1) First Information Report (FIR): Everything important you should know about. https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-about/.
(2) What Is A First Information Report (FIR)? - Law Corner. https://lawcorner.in/what-is-a-first-information-report-fir/.
(3) Section 154 - Overview of the First Information Report (FIR). https://www.ilms.academy/blog/section-154-an-overview-of-the-first-information-report-fir.
(4) First Information Report (FIR) - UPSC Prelims - IAS4Sure. https://www.ias4sure.com/wikiias/prelims/first-information-report-fir-upsc-prelims/.
(5) What to Do If You’re Being Investigated for a Criminal Offence in .... https://singaporelegaladvice.com/law-articles/investigated-for-a-criminal-offence/.
(6) Making a statement | Victims of Crime Victoria. https://www.victimsofcrime.vic.gov.au/police-investigation/making-a-statement.
(7) After a crime: your rights: Your rights - GOV.UK. https://www.gov.uk/your-rights-after-crime.
(8) A sample police statement - MDA National. https://www.mdanational.com.au/advice-and-support/library/articles-and-case-studies/2019/11/a-sample-police-statement.

Right to be Forgotten

Introduction. Not much has been discussed about the ‘Right to be forgotten’ so far yet it carries significance in the recent legal development in the international human rights law. It has resulted from desire of individuals that their past events should no longer be open to traceability and therefore, should be deleted from internet search engines; such events might have been recorded through photographs, videos, documents or pieces of information, and, the claim under umbrella of ‘Right to be forgotten’ requires the deletion of such sort of data from internet search engines, such as Google, so that those data could not be found by search engines.

2. Defining the term. The exact meaning of the ‘Right to be forgotten’ has yet not been settled. However, it has generally been defined as ‘right to silence on past events that are no longer occurring’ and comes out of the desire that one should not be reminded or judged for what mistakes he had committed and or had been punished for in the past.

The Pakistan Criminal Law Act, 1958 is a law that was enacted to provide for the more speedy trial and more effective punishment of certain offenses ¹. The act provides for the appointment of special judges and defines their jurisdiction and powers ¹. The act also outlines the procedure for the trial of cases and the rules of evidence that apply in such cases ¹. The act is applicable to all citizens of Pakistan and public servants wherever they may be ¹.

(1) THE PAKISTAN CRIMINAL LAW (AMENDMENT) ACT, 1958. https://www.pakistancode.gov.pk/pdffiles/administrator567eeb72cebf2ade236fbdc5fc6a4466.pdf.
(2) PAKISTAN CRIMINAL LAW. https://ma-law.org.pk/pdflaw/PAKISTAN%20CRIMINAL%20LAW.pdf.
(3) THE PAKISTAN CRIMINAL LAW (WEST PAKISTAN AMENDMENT) ORDINANCE, 1970. http://punjablaws.gov.pk/laws//244.html.
(4) THE PAKISTAN CRIMINAL LAW AMENDMENT ACT, 1958. https://ace.punjab.gov.pk/system/files/THE_PAKISTAN_CRIMINAL_LAW_AMENDMENT_ACT_1958.pdf.

According to **Section 9 of the Civil Procedure Code (CPC)**, the courts in Pakistan have jurisdiction to try all suits of a civil nature, unless their cognizance is either expressly or impliedly barred¹²⁵. This means that the courts have the authority to hear and decide cases related to civil matters, unless there are specific legal provisions that prohibit them from doing so¹.

The term "cognizance" refers to a court's power or authority to take judicial notice of a case and proceed with its trial⁶. The provision in Section 9 allows courts to exercise their jurisdiction over civil suits, except those that fall within the scope of explicit or implicit legal restrictions⁵.

It is important to note that this provision does not confer an absolute right to file a suit in a civil court. The court's jurisdiction is subject to the provisions contained within the CPC and other relevant laws⁶. The court's authority to hear a case depends on various factors, including the nature of the suit, territorial jurisdiction, and pecuniary jurisdiction⁶.

(1) Court Jurisdictions and Suits of a Civil Nature - LawTeacher.net. https://www.lawteacher.net/free-law-essays/commercial-law/suits-of-a-civil-nature-commercial-law-essay.php.
(2) Section 9 of the Civil Procedure Code - Law Wire. https://lawwire.in/section-9-of-the-civil-procedure-code/.
(3) Section 9 CPC - Code of Civil Procedure - Courts to try all Civil Suits .... https://www.legalsections.com/legal-advice/cpc/section-9.
(4) SUITS IN GENERAL – PART I (Section 9-35B) of CPC - WritingLaw. https://www.writinglaw.com/part-i-section-9-35b-of-cpc-suits-in-general/.
(5) The civil court shall have jurisdiction to try all suits of a civil .... https://www.lawyersclubindia.com/judiciary/the-civil-court-shall-have-jurisdiction-to-try-all-suits-of-a-civil-nature-4654.asp.
(6) CIVIL COURT HAS JURISDICTION TO TRY ALL SUITS OF CIVIL NATURE. https://www.iilsindia.com/blogs/civil-court-jurisdiction-try-suits-civil-nature/.
(7) An in-depth analysis of Section 9 of the CPC - iPleaders. https://bing.com/search?q=The+Courts+shall+%28subject+to+the+provisions+herein+contained%29+have+jurisdiction+to+try+all+suits+of+a+civil+nature+excepting+suits+of+which+their+cognizance+is+either+expressly+or+impliedly+barred..
(8) An in-depth analysis of Section 9 of the CPC - iPleaders. https://blog.ipleaders.in/an-in-depth-analysis-of-section-9-of-the-cpc/.
(9) CPC Section 9. Courts to try all civil suits unless barred. - Latest Laws. https://www.latestlaws.com/bare-acts/central-acts-rules/cpc-section-9-courts-to-try-all-civil-suits-unless-barred-.
(10) undefined. https://bing.com/search?q=The+Courts+shall+%28subject+to+the+provisions+herein+contained%29+have+jurisdiction+to+try+all+suits+of+a+civil+nature+excepting+suits+of+which+their+cognizance+is+either+expressly+or+impliedly+barred.

According to **Section 10 of the Civil Procedure Code (CPC)**, no court can proceed with the trial of a suit if the matter in question is directly and substantially in issue in a previously instituted suit between the same parties or parties under whom they claim litigating under the same title. This rule applies when such a suit is pending in the same or any other court in Pakistan that has jurisdiction to grant the relief claimed. It also applies if the suit is pending in any court beyond the limits of Pakistan established or continued by the Central Government and having like jurisdiction, or before the Supreme Court²³.

This provision is known as the **stay of suit** and is intended to prevent multiple courts from hearing cases with similar facts and issues. The purpose is to avoid conflicting judgments, maintain consistency, and ensure that litigants do not have the opportunity to choose which judge hears their case¹².

(1) Section 10 CPC - WritingLaw. https://www.writinglaw.com/section-10-cpc/.
(2) SUITS IN GENERAL – PART I (Section 9-35B) of CPC - WritingLaw. https://www.writinglaw.com/part-i-section-9-35b-of-cpc-suits-in-general/.