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Right of Self defense

Right of Private Defense of Body and of Property SELF-DEFENSE is A GOOD DEFENSEIt is not doubt that self-defense is a good defense.
According to Bentham: The vigilance of Magistrate can never make up for the vigilance of each individual on his own behalf. The fear of the law can never restrain bad men so effectually as the fear of the sum total of individual resistance. Take away this right and you become in so doing the accomplice of all bad men. 
AIR 1930 Lah. 93: The right of self-defense, as defined by law, must be fastened in the citizens of every free country. If a man is attacked he need not run away, and he would-be perfectly justified in the eyes of law if he holds his ground and delivers a counter-attack to his assailants provided always, that the injury which is inflicted in self-defense is not out of proportion to the injury with which he was threatened. 
In the words of Section 96 of the Pakistan Penal Code, 1860: Nothing is an offence which is done in the exercise of the rig…

Transfer by Ostensible owner

Transfer of property by ostensible owner (Section 41 Transfer of Property Act 1882)Who is ostensible owner? Discuss the Law regarding transfer of property by an ostensible owner? Under what circumstances is a purchaser of immovable property from an ostensible owner protected?
Introduction: One of the general principles of Law of Transfer of Property is enunciated by the maxim that no man can transfer to another a right or title greater than what he himself possesses and he gives not who hath not. But to this general principle this Section 41 provides an exception. The principle underlying the provisions of the section is “whenever one of the two innocent persons has to suffer by the act of a third person he who has enabled the third person to occasion the loss must sustain. Therefore, if the true owner of the property permits another to hold himself out as the real owner as by entrusting him with the documents of title or in some other way, a third person who bona fide deals with that ot…

Doctrine of res subjudice

Res Subjudice Section 10 of civil procedure code
Introduction:  Section 10 of the Code of Civil Procedure deals with the principle of res sub-judice, which bars the trial of a subsequent suit in which the matter in issue is also directly and substantially in issue in the former suit between the same parties. The object of a provision of the kind is to prevent courts of concurrent jurisdiction from proceeding simultaneously with the trial of two suits on the same matter. Such trials may mean waste of public time and may result in conflicting decisions.  
MEANING OF RES SUBJUDICE:  Res means everything that may form an object of right like subject matter or a matter in controversy. Sub-judice means another consideration. It means a cause in controversy under determination of a court of law.   PRINCIPLE OF RES SUBJUDICE:The doctrine prohibits the trial of two parallel litigation in respect of the same cause of action and the same subject-matter between the same parties.
RATIONAL BEHIND THE PR…

Continuous running of time

Continuous Running of Time Under Limitation Act, 1908 (Act IX of 1908)

What is Meant by Continuous Running of Time? Sec 9 of Limitation ActINTRODUCTION: Under Limitation Act 1908, where once time has begun to run, it runs continuously and without any break until the entire prescribed period has run out and no disability to sue occurring Subsequently to the commencement will stop it running.  BASIS OF SECTION 9 OF LIMITATION ACT:
This section is founded on the general principle that when once limitation has commenced to run, it will continue to do so unless it is stopped by virtue of any express statutory provisions. 
CONTINUING RUNNING OF TIME U/S 9 LIMITATION ACT :
"Where one time has begun to run. no subsequent disability or inability to  sue can stop it " 
ESSENTIALS OF SECTION 9 OF LIMITATION ACT:
(i) Time Has Begun to Run: Generally, the time begins to run when the cause of action accrues and the true test to determine when the cause of action has accrued is to ascertai…

Periodical Record of Rights

Periodical Record of Rights Under Land Revenue Act 1967 Discuss periodical record of rights:Introduction: 
Periodical record of rights is revised edition of the record of rights. it is prepared by Patwari after every four years under the order of the collector. it provides up to date information and contains all the changes which have taken place in a estate.
Relevant provisions:  Sections 41, 42, 43 land revenue act 1967.  Periodical records of rights:  (i) The collector shall cause to be prepared by the Patwari of each estate periodically, as the board of revenue may direct, an edition of any records of rights amended in accordance with the provision of this chapter.  (ii) Such edition of the records of rights shall be called periodical record for estate, and shall comprise the statement mentioned in clause (a) of sub- section (2) of section, 39, and such other document, if any, as may be prescribed.  (iii) For the preparation of periodicals the collector shall cause to be maintained…

Case law Nusrat bhutto vs COAS 1977

Begum Nusrat Bhutto vs Chief of Army staff and Federation of Pakistan (PLD 1977 SC 657)

Pettioner's Case:A petition under Art. 184(3) of the Constitution of Mr. Zulfrqar Ali Bhutto, former Prime Minister of Pakistan, and ten other leaders of the Pakistan People’s Party under Martial Law Order No. 12 of 1977.
The petition states that Mr. Zulfrqar Ali Bhutto and the ten other leaders of the Pakistan People‘s Party were arrested in the early hours of the 17th of September, 1977 and detained in various prisons in the four Provinces of Pakistan. It is stated that on the evening of the 17th of September, 1977, the Chief of the Army Staff made a public statement, in which he leveled highly unfair and incorrect allegations against the Pakistan People’s Party Government and the detenus by way of explaining away their arrest and detention. He also indicated his intention of placing the detenus before Military Courts or Tribunals for trial so as to enforce the principle of public accountabil…