1 | P a g e

6 Important Differences between “Review” and “Revision” are given below:

Review:
1. Section 114 Order 47 deals with Review.
2. Any court, which passed the decree or made order, can review the case.
3. The review can be made only on an application by an aggrieved party.
4. The order granting the review is appealable.
5. Review can be made even when an appeal lies to the High Court.
6. The grounds for review are: (a) discovery of new and important matter or
evidence; (b) mistake or error apparent on the face of the record; (c) any other
sufficient reason. Revision:
1. Section 115 deals with the Revision. 2. The High Court can only do
revision of any case which has been decided by any court subordinate to it. 3.
Revisional powers can be exercised by the High Court on an application or even suo
motu (of its own motion). 4. An order passed in the exercise of revisional
jurisdiction is not appealable. 5. Revisional power can be exercised by the High
Court only in a case where no appeal lies to the High Court. 6. The Conditions: (a)
A case must have been decided; (b) the Court which has decided the case must be a
Court subordinate to the High Court; (c) The order should not be an appeaiable one;
(d) The subordinate court must have – (i) exercised jurisdiction not vested in it
by law; or (ii) failed to exercise jurisdiction vested in it, or (iii) acted in the
exercise of its jurisdiction illegally or with material Irregularity.
2 | P a g e Qatl_and_its_kinds_in_simple_way_to_learn.... There are four kinds of
qatal 1. Qatl_i_Amd: 302 a. Intention of causing death b. Intention of causing
bodily injury c. An act which in ordinary course likely to cause death 2.
Punishment u/s 302; a. Death as qisas b. Death, as tazir c. 25 year as tazir 3.
Qatl_Shibh_i_amd_315; a. Intention of causing harm b. By_weapon or an act c.
Ordinary_course not likely to cause death 4. Punishment u/s 316; a. liable to
diyat, b. 25 year as tazir 5. Qatl_i_Khata_318; a. No_intention of causing death or
harm b. Mistake of fact c. Mistake of act Punishment u/s 319; diyat, where rash and
negligent act up to 5 year addition to diyat
3 | P a g e Punishment for Qatl i- Khata by reash or negligent driving; diyat, 10
year Qatl_bis_Sabab_321; No_intention to cause death or harm Some_unlawful act
which become cause of death Punishment; diyat List of Courts in Pakistan with their
Jurisdiction & Powers With Relevant Sections ___SUPREME COURT___ 1. 184(1) Original
jurisdiction in inter-governmental disputes, issues declaratory judgments; 2.
184(3) Enforcement of Fundamental Rights involving an issue of public importance;
3. Art 185(2) Appeal from judgment/order of High Court in criminal cases, tried in
original and/or appellate capacity and having imposed death penalty or life
imprisonment; 4. Art 185(2) Appeal in civil cases when the value of claim exceeds
fifty thousand rupees; 5. Art 185(2) Appeal when High Court certifies that the case
involves interpretation of the Constitution; 6. Art 185(3) Appeal (subject to grant
of leave) from High Court judgment/order; 7. Art 186 Advisory jurisdiction on any
question of law involving public importance referred by the President; 8. Art 187
To issue directions/orders for doing complete justice in a pending case/matter; 9.
Art 188 To review any of its own judgment/order; 10. Art 204 To punish for its
contempt; 11. Art 212 Appeal from Administrative courts/tribunals; and 12. Art 203F
Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat
Court.
4 | P a g e FEDERAL SHARIAT COURT 1. Art 203-D To determine whether a provision of
law is repugnant to the Injunctions of Islam; 2. Art 203 DD Revisional Jurisdiction
in cases under Hudood laws; 3. Art 203 E To review its judgment/order; 4. Art 203 E
To punish for its contempt; and 5. Under Hudood laws, hears appeals from
judgment/order of criminal courts. ___HIGH COURT___ 1. Art 199(1) to issue 5 writs
namely mandamus, prohibition, certiorari, habeas corpus and quo warranto; 2. Art
199(2) Enforcement of Fundamental Rights; 3. Art 203: To supervise/control
subordinate courts; 4. Art 204: To punish for its contempt; 5. To hear appeal under
S.100 of CPC; 6. To decide reference under S.100 of CPC; 7. Power of review under
S.114 of CPC; 8. Power of revision under S.115 of CPC; 9. Appeals under S.410 of
Cr.P.C; 10. Appeals against acquittal under S.411-A(2) of Cr.P.C 11. Appeals
against judgment/decree/order of tribunals under special laws; 12. To issue
directions of the nature of habeas corpus under S.491 of Cr.P.C; 13. Power of
revision under S.439 Cr.P.C 14. Hedge Inter-Court appeal at Lahore High Court and
High Court of Sindh, DISTT. & SESSIONS JUDGE/ADDL. DISTT. & SESSIONS JUDGE___ 1.
Appeal against judgment/decree of a Civil Judge under S.96 of CPC; 2. Appeal
against order under S.104 of CPC; 3. Power of revision under S.115 of CPC; 4.
Original jurisdiction in suits upon bills of exchange, hundies or promissory notes
under Order XXXVII of CPC; 5. Murder trial under S.265 of the Cr.P.C; 6. Criminal
trial under Hudood laws;
5 | P a g e 7. Appeals under S.408 of Cr.P.C; 8. Power of revision under S.439-A of
Cr.P.C; 9. To issue directions of the nature of habeas corpus under S.491 of
Cr.P.C; and 10. Decides pre-arrest bail applications under S 498 of the Cr. PC. 11.
Being An exofficio Justice of the Peace may issue appropriate directions to the
police authorities concerened on a complaint regarding (i) nonregistration of a
criminal case; (ii) transfer of investigation from one police officer to another;
and (iii) neglect, failure or excess commited by a police authority in relation to
its functions and duties. ___CIVIL JUDGE 1ST CLASS___ 1. To try all civil suits,
there is no pecuniary limit on its jurisdiction; 2. In certain jurisdictions also
designated as Rent Controller; 3. In certain jurisdictions also designated as
Judge, Family Court; ___CIVIL JUDGE 2ND CLASS__ 1. To try civil suit up to the
value of Rs. 50,00,00/- ( Rs. 5- Million) ; and 2. In certain jurisdictions
designated as Rent Controller/Judge, Family Court. __CIVIL JUDGE 3RD CLASS__ To try
civil suit up to the value of Rs. 10,00,000/- ( Rs. 1-Million) ___MAGISTRATE 1ST
CLASS__ 1-To try offences punishable up to 3 years imprisonment and forty-five
thousand rupees fine. 2- As Mobile Court under S. 12 Cr.P.C 3- As Judicial
Magistrate under S 14 Cr.P.C As Area Magistrate to handle i- Remands ii- Discharge
Reports etc ___MAGISTRATE 2ND CLASS___ To try offences punishable up to 1 year.
6 | P a g e ___MAGISTRATE 3RD CLASS__ Fifteen thousand rupees fine ____Magistrate
empowered under S.30 of Cr.P.C. ____ To try All offences not punishable with death.
But can't pass a sentence of death or imprisonment exceeding 7 years. Some
important things for lawyers ● Every civil suit is filed in the lowest court of a
district which is the court of Senior Civil Judge. ● A summary suit under order 37
of CPC is filed in the court of district judge. ● Family suits are governed by
Family Courts Act, 1964 in Pakistan. ● Another statute that governs family suits is
West Pakistan Family Court Rules, 1965. ● In case of family suits, it is filed at
the place where the female resides even if she resides temporarily. ● Visitation is
a right for both the parents. It cannot be denied by courts unless any one of them
is defaulted. ● Stay order can be permanent or temporary. ● Perpetual or permanent
stay is granted under Specific Relief Act 1877. ● Temporary Injunction or stay is
granted under order 39 rule 1 & 2 of CPC. ● Any application can be given anytime in
a civil suit and Judge is bound to admit or dismiss it. ● Decree can be preliminary
or final. It is always appeal-able. ● An order is generally revision-able unless it
falls under the ambit of section 104 or order 43 of CPC. ● The time for filing
first appeal in civil cases is 30 days. ● The time for filing second appeal in
civil cases is 60 days. ● The time for filing civil revision is 90 days. ● Civil
revision is filed under section 115 of CPC. ● The petitioner is bound to provide
all the record of trial court in a civil revision. ● The first appeal can have
question of law as well as question of fact. ● Second appeal is only filed on
Question of Law. ● In normal civil cases first appeal is filed in the court of
district judge.
7 | P a g e ● In normal civil cases second appeal is filed in High Court. ● Civil
court has unlimited pecuniary jurisdiction under West Pakistan Civil Courts Act
1962. ● In normal practice different local governments have set different limits
for pecuniary jurisdiction of civil courts. ● When a case is filed in high court
for the first time it is heard by single bench. ● An appeal of a decision of single
bench can be heard by division bench or full court in Intra Court Appeal. ● For
challenging decision of DB or Full Court a leave to appeal is filed in Supreme
Court. ● When Supreme Court accepts leave to appeal then case is heard in Supreme
Court. ● A case of public interest can be directly filed under Article 184(3) of
Constitution of Pakistan. ● Normally appeals in Supreme Court are filed under
article 185 of Constitution of Islamic Republic of Pakistan. ● Writs are of 5
types. ● Writs are usually filed under article 199 of constitution of Islamic
Republic of Pakistan. ● Writ of Habeas Corpus is filed in Session court under
section 491 of CrPC. ● Inherent Powers of Civil Courts can be invoked under section
151 of CPC. ● Courts have powers to appoint local commission under order 26 of CPC.
● In cases of contempt of court regarding temporary injunction local commission is
appointed under order 39 rule 7 of CPC. ● Property can be attached and accused can
be imprisoned for 6 months in contempt under order 39 of CPC. ● Review is done by
the same court passing the judgment. ● Review petition is filed under order 47 rule
1 of CPC. ● Order 21 of CPC deals with the execution proceedings ● Plaintiff has a
time of 3 years to file execution. ● Limitation in civil suits is 3 years from the
cause of action. ● Plaint is rejected under order 7 rule 11 of CPC. ● Plaint is
returned under order 7 rule 10 of CPC. ● Section 10 of CPC deals with the principle
of Res Sub Judice ● Section 11 of CPC deals with the principle of Res Judicata ● A
plaint can be amended under order 6 rule 17 of CPC.
8 | P a g e ● A written statement can be amended under order 6 rule 17 of CPC. ●
Order 7 of CPC deals with the plaint ● Order 8 of CPC deals with the Written
Statement ● In cases of appeals and revisions the respondents are not required to
file replies. ● Time for filing written statement is 30 days. ● In case of
Government Institutions time period for filing written statement is 90 days. ● When
an organization has head office in one city and branch office in another city then
suit can be filed anywhere. ● A civil suit is filed where cause of action takes
place or where the defendant resides. ● A female child remains with mother till she
reaches her puberty. ● A male child remains with mother till the age of 7 years. ●
Father is liable to maintain his children no matter with whom they live. ● When a
mother contracts second marriage, she loses her right of child custody. ● Khula can
be taken on grounds mentioned in section 2 of Dissolution of Muslim Marriages Act
1939. ● When a woman has right of Talaq-e-Tafweez in column 18 then she can take
Talaq directly from Arbitration council. ● A husband can contract second marriage
if arbitration council permits him. ● A husband is liable to pay full Haq Mehr to
first wife before contracting second marriage. ● Wife is liable to return Haq Mehar
in case of Khula. ● If a wife is not in a position to return Haq Mehar, her Khula
decree cannot be stopped. ● Khula decree becomes effective after six months of its
passing. ● Khula is counted as single Talaq in Pakistan. ● Suit for declaration is
filed under section 42 of Specific Relief Act 1877. ● Declaration can be in rem or
in personam. ● Nominee is not an Inheritor. He is liable to distribute the shares
as per Islamic Law of Inheritance. ● Right of wife in the inheritance of deceased
is 1/8 in case of children. ● Right of wife in inheritance is 1/4th in case there
are no children. ● Right of mother and father is 1/6 each. ● Right of husband in
the property of wife is 1/4th in case of children.
9 | P a g e ● Right of husband in the property of wife is 1/2 in case of no
children. ● Single daughter inherits 1/2 property. ● 2 or more than 2 daughters
inherit 2/3rd property ● Single son inherits full property. ● Mother and father are
natural guardians of children. ● Banking court is equal to the district court. ●
Murderer has no share in inheritance. ● Specific relief cannot be granted for the
mere purpose of enforcing a penal . A Complete List of #Constitutional #Amendments
in #PAKISTAN ▪ 1st AMENDMENT(1974) ▪Redefined Boundaries Of Pakistan ▪ 2nd
AMENDMENT(1974) ▪Declared Ahmadis As Non Muslim's. ▪ 3rd AMENDMENT(1975) ▪Extend
The Period Of Preventive Detention. ▪ Preventive Detention means detain a person at
any unknown place whose acts are against the integrity of State. ▪ 4th AMENDMENT
(1975) ▪Give Additional Seats For Minorities . ▪ 5th AMENDMENT(1976) ▪Widened The
Scope Of Restrictions On High Court. ▪ 6th AMENDMENT(1976) ▪The Judges Of High
Court and Supreme Court Will Retire At The Age Of 62 & 65 Respectively.
10 | P a g e ▪ 7th AMENDMEND(1977) ▪Give Powers To Prime Minister To Seek Vote Of
Confidence At any Time From The People Of Pakistan. ▪ 8th AMENDMENT (1985) ▪Semi
Presidential System Of Government Introduced From Parliamentary System Of
Government ▪Give More Powers To President Of Pakistan. ▪ 9th AMENDMENT (1985)
▪Amendment To Make Shariah Law As The Law Of The Land. ▪ 10th AMENDMENT(1987)
▪Fixed The Period Of Intervals Between Sessions Of National Assembly To Not Exceed
130 days. ▪ 11th AMENDMENT(1989) ▪Revision Of National Seats In Both Assemblies. ▪
12th AMENDMENT(1991) ▪Speedy Trial Courts Was Established For A Period Of 3yrs To
Trial Offenders Of *Heinous Crimes. ▪ 13th AMENDMENT(1997) ▪ Curtail The Powers Of
President To Dissolve National Assembly And Dismissing The Prime Minister. ▪ 14th
AMENDMENT(1997) ▪Members Of Parliament Can Be Dismissed If There Is Found Any
Defect. ▪ 15th AMENDMENT(1998) ▪Bill To Impose Shariah Law Was Never Passed
11 | P a g e ▪ 16th AMENDMENT(1999) ▪Quota System Term Increased From 20 to 40
years. ▪ 17th AMENDMENT(2003) ▪President Powers Increased ▪ 18th AMENDMENT(2010)
▪Name Of NWFP Was Changed. ▪Famous Article 6 Of High Treason Was Introduced.
▪Removed The Powers Of President To Dissolve Assembly Unilaterally ▪ 19th
AMENDMENT(2010) ▪Islamabad High Court Was Formed ▪Deals With Appointment Of Judges
Of Supreme Court. ▪ 20th AMENDMENT(2012) ▪For Free And Fair Elections. ▪Chief
Election Commissioner Was Changed To Election Commission Of Pakistan. ▪ 21st
AMENDMENT(2015) ▪Military Courts Was Established After APS Massacre ▪ 22nd
AMENDMENT 2016 ▪Changing The Eligibility Criteria For Chief Election Commissioner
Of Pakistan. ▪ Bureaucrats and Technocrats also will become members of Election
Commission of Pakistan. ▪ 23rd AMENDMENT April 2017 ▪In 2015, National Assembly
passed the 21st Amendment and created the military courts for the period of 2
years. ▪The period of two years was expired on 6th January 2017
12 | P a g e ▪This 23rd Amendment was passed to re-establish the military courts
for further two years till 6th January 2019 ▪ 24th AMENDMENT Nov 2017 ▪Allow the
conduct of delimitation of constituencies on the basis of provisional census
results. ▪ 25th AMENDMENT ▪The Merger of FATA with KPK was signed by President
Mamnoon Hussain on 31-May-2018 Classes of FIR (First Information Report). There are
three classes of FIR. ''A'' Class. ''B'' Class. ''C'' Class. "A" Class FIR:- "A
Class" FIR is true but accused persons are untraced. Where there is no clue
whatsoever about the culprits or property, or where the accused is known but there
is no evidence to justify his being sent up to the Magistrate for Trail.
( Therefore Magistrate can dispose of the cases till the appearance or Arrest of
the Accused persons) "B" Class FIR:- "B Class" FIR is maliciously false. Where
there is no Prima facie case against the accused. It is applicable when false or
frivolous cases are filed. 'B' Class summary report is filed by police in these
matters, and may lead to the acquittal of the accused, if accepted by the court,
(Magistrate passes summary order by directing S.H.O to initiate proceedings of 182
PPC 1860 , against complainant who falsely lodged FIR)
13 | P a g e "C" Class FIR:- "C Class FIR" can be disposed of being non cognizable
offence. "C" class summary report is issued by the police in such matters when
criminal case was filed due to mistake of fact or if offence complained about is of
civil nature. (In this class it is suffice to say that if there is evidence
regarding Non-Cognizable Offence, the Magistrate can direct S.H.O to submit a
separate report U/S 155 of Cr.P.C 1898). Some important things for new lawyers ●
Every civil suit is filed in the lowest court of a district which is the court of
Senior Civil Judge. ● A summary suit under order 37 of CPC is filed in the court of
district judge. ● Family suits are governed by Family Courts Act, 1964 in Pakistan.
● Another statute that governs family suits is West Pakistan Family Court Rules,
1965. ● In case of family suits, it is filed at the place where the female resides
even if she resides temporarily. ● Visitation is a right for both the parents. It
cannot be denied by courts unless any one of them is defaulted. ● Stay order can be
permanent or temporary. ● Perpetual or permanent stay is granted under Specific
Relief Act 1877. ● Temporary Injunction or stay is granted under order 39 rule 1 &
2 of CPC. ● Any application can be given anytime in a civil suit and Judge is bound
to admit or dismiss it. ● Decree can be preliminary or final. It is always appeal-
able. ● An order is generally revision-able unless it falls under the ambit of
section 104 or order 43 of CPC. ● The time for filing first appeal in civil cases
is 30 days. ● The time for filing second appeal in civil cases is 60 days. ● The
time for filing civil revision is 90 days. ● Civil revision is filed under section
115 of CPC. ● The petitioner is bound to provide all the record of trial court in a
civil revision. ● The first appeal can have question of law as well as question of
fact.
14 | P a g e ● Second appeal is only filed on Question of Law. ● In normal civil
cases first appeal is filed in the court of district judge. ● In normal civil cases
second appeal is filed in High Court. ● Civil court has unlimited pecuniary
jurisdiction under West Pakistan Civil Courts Act 1962. ● In normal practice
different local governments have set different limits for pecuniary jurisdiction of
civil courts. ● When a case is filed in high court for the first time it is heard
by single bench. _*Limitation period for Appeal in Criminal Cases*:_ _*1*. In
capital punishment, 7 days._ _*2*. From Magistrate to Sessions Court, 30 days._
_*3*. From Sessions Court to High Court, 60 days._ _*4*. From High Court to Supreme
Court, 30 days._ _*5*. From High Court to Supreme Court in special Leave to Appeal,
30 days._ _*6*. From Magistrate to High Court in acquittal in Challan Case is 30
days and in Complaint Case 60 days._ _*7*. From Sessions Court to High Court in
acquittal in Challan Case is 30 days and in Complaint Case 60 days._ _*8*. From
High Court when case decide by it in its original jurisdiction and to Division
Bench than 20 days in acquittal or conviction as the case may._
15 | P a g e -Most Important Points : No one should be punished twice for the same
offense. Hb Doctrine of Double jeopardy. - The buyer should be vigilant at the time
of purchasing. Doctrine of Caviet Emptor. - Equity favors the vigilant not the
indolent. - The plaintiff should come with the clean hands. - No one can be judge
in his own case. - There is no right without a remedy. Ubi Jus Ibili Remedium -
Justice Delayed is Justice Denied. - Justice Rushed is Justice Crushed. - No one
can claim inheritance when the succession is not open. Doctrine of Spec Succession.
Legal Principles - Every civil suit is filed in the lowest court of a district
which is the court of senior civil judge. - A suit under order 37 of CPC is filed
in the court of district judge. - Family suits are governed by Family Courts Act,
1964 in Pakistan. - Another statute that governs family suits is West Pakistan
Family Court Rules, 1965. - In case of family suits, it is filed at the place where
the female resides even if she resides temporarily. - Visitation is a right for
both the parents. It cannot be denied by courts unless any one of them is
defaulter. - Post Arrest Bail is filed under section 497 of CRPC. - Pre Arrest Bail
is filed under section 498 of CRPC. - Post Arrest Bail is filed in the court of
Illaqa Magistrate. - Pre Arrest Bail is filed in the court of Session Judge. - In
bailable offenses bail is the right of accused. - In non-bailable offenses bail is
on the discretion of judge. - The punishment in section 489-F is three years. -
There are 5 ingredients in theft which should be there for conviction. - Benami
transaction is legal but it should have 4 ingredients. - Stay order can be
permanent or temporary. - Perpectual or permanent stay is granted under Specific
Relief Act 1877. - Temporary Injunction or stay is granted under order 39 rule 1 &
2 of CPC.
16 | P a g e - Any application can be given anytime in a civil suit. Judge is bound
to admit or dismiss it. - Decree can be preliminary or final. It is always
appealable. - An order is generally revisionable unless it falls under the ambit of
section 104 or order 43 of CPC. - A magistrate can acquit the accused at any time
of the trial under section 249-A of CRPC. - A session judge can acquit the accused
at any time under section 265-K of CRPC. - A High Court Judge can acquit the
accused under section 561-A of CRPC. - Schedule at the end of CRPC book is always
helpful in determining the nature of offenses. - Offenses are compoundable/non-
compoundable, bailable/non-bailable and cognizable/non- cognizable. - An exception
to bail is section 169 of CRPC in which the investigation officer has powers to
grant bail. - When an accused is in Police Remand then he/she cannot be released on
bail. - For post arrest bail the accused should be in Judicial Remand. - Accused
can be discharged by Magistrate at any stage of trial. - The time for filing first
appeal in civil cases is 30 days. - The time for filing second appeal in civil
cases is 60 days. - The time for filing civil revision is 90 days. - Civil revision
is filed under section 115 of CPC. - The petitioner is bound to provide all the
record of trial court in a civil revision. - The first appeal can have question of
law as well as question of fact. - Second appeal is only filed on Question of Law.
- In normal civil cases first appeal is filed in the court of district judge. - In
normal civil cases second appeal is filed in High Court. - Civil court has
unlimited pecunary jurisdiction under west pakistan civil courts act 1962. - In
normal practice different local governments have set different limits for pecunary
jurisdiction of civil courts. - When a case is filed in high court for the first
time it is heard by single bench. - An appeal of a decision of single bench can be
heard by double bench or full court. - For challenging decision of DB or Full Court
a leave to appeal is filed in Supreme Court. - When Supreme Court accepts leave to
appeal then case is heard in Supreme Court.
17 | P a g e - A case of public interest can be directly filed under Article 184(3)
of Constitution of Pakistan. - Normally appeals in Supreme Court are filed under
article 185 of Constitution of Islamic Republic of Pakistan. - Writs are of 5
types. - Writs are usually filed under article 199 of constitution of Islamic
Republic of Pakistan. - Writ of Habeas Corpus is filed in Session court under
section 491 of CRPC. - Inherent Powers of Civil Courts can be invoked under section
151 of CPC. - Courts have powers to appoint local commission under order 26 of CPC.
- In cases of contempt of court regarding temporary injunction local commission is
appointed under order 39 rule 7 of CPC. - Property can be attached and accused can
be imprisoned for 6 months in contempt under order 39 of CPC. - Review is done by
the same court passing the judgment. - Review petition is filed under order 47 rule
1 of CPC. - Order 21 of CPC deals with the execution proceedings. - Plaintiff has a
time of 6 years to file execution. - Limitation in civil suits is 3 years from the
cause of action. - Plaint is rejected under order 7 rule 11 of CPC. - Plaint is
returned under order 7 rule 10 of CPC. - Section 10 of CPC deals with the principle
of Res Sub Judice. - Section 11 of CPC deals with the principle of Res Judicata. -
A plaint can be amended under order 6 rule 17 of CPC. - A written statement can be
amended under order 8 rule 10 of CPC. - Order 7 of CPC deals with the plaint. -
Order 8 of CPC deals with the Written Statement. - In cases of appeals and
revisions the respondents are not required to file replies. - Time for filing
written statement is 30 days. - In case of Government Institutions time period for
filing written statement is 90 days. - When an organization has head office in one
city and branch office in another city then suit can be filed anywhere. - A civil
suit is filed where cause of action takes place or where the defendant resides.
18 | P a g e - Police is bound to produce the accused in court within 24 hours of
his arrest. - Police can not search a place without search warrants. - A female
child remains with mother till she reaches her puberty. - A male child remains with
mother till the age of 7 years. - Father is liable to maintain his children no
matter with whom they live. - When a mother contracts second marriage, she loses
her right of child custody. - Khula can be taken on grounds mentioned in section 2
of Dissolution of Muslim Marriages Act 1939. - When a woman has right of talaq-e-
tafweez in column 18 then she can take talaq directly from Arbitration council. - A
husband can contract second marriage if arbitration council permits him. - A
husband is liable to pay full haq mehr to first wife before contracting second
marriage. - Wife is liable to return haq mehar in case of khula. - If a wife is not
in a position to return haq mehr, her khulla decree cannot be stopped. - Khula
decree becomes effective after six months of its passing. - Khula is counted as
single talaq in Pakistan. - Suit for declaration is filed under section 42 of
Specific Relief Act 1877. - Declaration can be in rem or in personam. - A dismissed
employee can only claim damages in case of private employer. (Justice Iftikhar's
Judgement) - Nominee is not an Inheritor. He is liable to distribute the shares as
per Islamic Law of Inheritance. - Right of wife in the inheritance of deceased is
1/8 in case of children. - Right of wife in inheritance is 1/4th in case there are
no children. - Right of mother and father is 1/6 each. - Right of husband in the
property of wife is 1/4th in case of children. - Right of husband in the property
of wife is 1/2 in case of no children. - Single daughter inherits 1/2 property. - 2
or more than 2 daughters inherit 2/3rd property. - Son inherits full property. -
Mother and father are natural guardians of children. - Banking court is equal to
the district court.
19 | P a g e - Murderer has no share in inheritance. - Specific relief cannot be
granted for the mere purpose of enforcing a penal law Q. Give five examples of
Capital Punishment? Ans. 1. Murder (S.302 ppc) 2. Waging war agaist pakistan (S.
121 ppc) 3. Abetting mutiny actually committed (S. 132 ppc) 4. Docoity accompanied
with murder (S.396 ppc) 5. Hijacking (S.403-b ppc) *There is big difference between
the injunction and stay order..*?? *Injunction....* Relevant provision.. Order 39
rule 1& 2 cpc and section 51 cpc, 94, cpc, & 151 cpc... section 52 to 57 SRA 1877.'
*Stay order...* Relevant provision Order 21 rule 26 & 29 and order 41 rule 5 & 6
cpc.... *Difference* >>>Injunction is a judicial order against a party, to do or
not to do an act, >>>Stay is against court orders, proceedings, and execution and
to stop them. *Example....* >>>Injunction can be granted at the institution of the
suit regarding the suit or disputed property till the disposal of the suit.
>>>Appellate court may stay the execution process of subordinate court.
20 | P a g e Stay can Even be some time issued against the administrative orders of
the government. Limitation Act, and Criminal Cases] According to Limitation Act:
Article 150. Appeal from death sentence to High Court-7 days. Article 151. High
Court order on original side-appeal-20 days. Article 154. Appeal to any Court other
than High Court-30 days. Article 155. Criminal appeal to High Court-60 days.
Article 157. Appeal from acquittal by State-6 days. To Supreme Court (special leave
to appeal)-30 days. Criminal trial proceeding steps 1-FIR 154 or Direct complaint
200 2-Investigation 156 or inquiry 202. 3-Record of statement and confession
161,164 (4)Physical Or police remand 167,,,,344…) (5)Challan submission of
173,under following modes; Section 169-Release of accused when evidence deficient
Section 170-Case to be sent to magistrate when evidence are sufficient Section 512-
Record of evidence in absence of accused (6) Quashing of FIR … 561 A ) (7)Taking
cognizance 190… (8)Issue of process 204,204,, (9)Bailable offence 496 Non-bailable
497.. (10)The framing of charge 221 to 240.. (11)Speedy acquittal 249
A,,265K,,,561A… After hearing the prosecutor and accused counsel and reasons be
recorded..) (12)Pleading guilty….. 243,,,,, 265E…
21 | P a g e Beginning of prosecution evidence … (1)Examination of accused 342……
Beginning of defense evidence..340 Summoning up evidence…. Judgment … (2)acquittal
245/ 265H…. or conviction 245(2), 265H(2) Appeal (1)Appeal to court of session
against sentenced passed by the assistant session judge or judicial magistrate
Section 408 (2)Appeal to to high court against sentenced passed by session or
additional session judge Section 410.... Public International law 1=Genocide
convention was adopted by UN General Assembly 9 Dec 1948 Convention entered into
force 12 jan 1951 2=The name of present secretary general of UN is Antonio guterres
3.The father of international law is Hugo Grotious 4.The doctrine of open sea was
elaborated by Grotious 5.The term men of war signifies Warship 6.The number jugdes
of ICJ 15 Judges 7.Terra nullius means Territory belong to no state 8.According to
article 3 of the 1982 convention on the law of sea the breadth of the territorial
sea is 12miles 9.The charter of the UN is a comprehensive document having 111
articles Private international law 10.The word neutrality is derived from Latin
word Neutral 11.Neutral state do support either party during War 12 Chief mode of
acquiring nationality is by Birth 13. Modes of acquiring nationality by birth Jus
sanguinis and Jus Soli
22 | P a g e 14. A convention territorial asylum was adopted at Caracas 28 March
1954 15. Chicago convention on international civil aviation was signed by 53 states
November 1944 16. Permanent court of arbitration was established Hague convention
of 1899 17. Servitudes may be Four types 18. Basic source of Islamic international
law Quran and Sunnah 19. Law relating to diplomatic relation has been codified in
Vienna convention 1964 20. Immunities and privilleges of the diplomatic agent in
vienna convention 1961 21. Piracy as an international crime can be committed on the
Open sea only LEGAL MAXIMS... Actionable per se – The very act is punishable and no
proof of damage is required. Ad hoc – For the particular end or case at hand. Alibi
– At another place, elsewhere Audi alteram partem – No man shall be condemned
unheard. Amicus Curiae – A friend of court or member of the Bar who is appointed to
assist the Court. Assentio mentium – The meeting of minds, i.e mutual assents Doli
incapax – Incapable of crime. Detinue – Tort of wrongfully holding goods which
belong to someone else. Denatio mortis causa – Gift because of death. Estoppel –
Prevented from denying. Ex parte – Proceedings in the absence of the other party.
Ex gratia – As a favour. Ex officio – Because of an office held. Fatum – Beyond
human foresight. Justitia nemini neganda est – Justice is to be denied to nobody.
Lex non a rege est violanda – The law must not be violated even by the king. Locus
standi – Right of a party to an action to appear and be heard by the court and be
heard by the court. Mala fide – In bad faith.
23 | P a g e Mandamus – ‘We command’. A writ of command issued by a Higher Court to
Government/Public Authority, to compel the performance of a public duty. Mens rea –
Guilty mind. Misnomer – A wrong or inaccurate name or term. Modus operandi – Way of
working. Modus Vivendi – Way of living. Nemo bis punitur pro eodem delicto – Nobody
can be twice punished for the same offence. Nemo debet esse judex in propria causa
– Nobody can be judge in his own case. Nolle prosequi – a formal notice of
abandonment by a plaintiff or prosecutor of all or part of a suit. Novation –
Transaction in which a new contact is agreed by all parties to replace an existing
contract. Quo warranto – By what authority. A writ calling upon one to show under
what authority he holds or claims a public office. Ratio decidendi – Principle or
reason underlying a court judgement. Res ipsa loquitor – The thing speaks for
itself. Rex non protest peccare – The king can do no wrong. * ‫* کے تحت‬173* ‫کے سیکشن‬
‫ملزمان کی *تفتیش* کرتی ہے تو اس تفتیش‬/‫ایک *رپورٹ* مرتب کرتی کسی بھی *فوجداری مقدمہ* میں پولیس جب ملزم‬
‫* سے اخذ کیے گئے نتائج کیا ہوتا ہے اور اس میں کتنے کالم ہوتے ہیں ؟* چالن‬CrPC* ‫میں کہیں بھی نہیں استعمال کو‬
‫* متعلقہ *ٹرائل کورٹ* میں پیش کرنے کے لیے‬CrPC* ‫ہوا بلکہ یہ عام عدالتی زبان سے وجود میں آیا۔ *چالن* میں‬
1* ‫ ہے جسے ہم عام عدالتی زبان میں *چالن* کہتے ہیں۔ یاد رہے کہ *چالن* کا لفظ‬:‫ کالم* ہوتے ہیں‬7* ‫*مندرجہ ذیل‬:
Name of the informant *2* *‫ میں مدعی یا اطلع دھندہ کا نام ہوتا ہے‬1 ‫*چالن کے کام نمبر‬: Name of the
person who have not be challan or his name include as abscounder ** ‫نے اشتہاری قرار دیا ہو‬
‫ میں ان ملزمان کا نام ہوتا ہے جن کو پولیس نے بے گناہ کیا ہو یا پھر انکا نام ہوتا ہے جن کو پولیس‬2 ‫چالن کےکالم نمبر‬
24 | P a g e *3*: The accused who have been challaned by police *‫ میں ان ملزمان‬3 ‫کالم نمبر‬
4* *‫*کا ذکر ہوتا ہے جن کو پولیس نے گنہگار کرکے چالن کیا ہو‬: The person who have been challan but
on bail *5* *‫ میں ان افراد کا ذکر ہوتا جن کو چلن تو کیا گیا ہو مگر ضمانت پر ہوں‬4 ‫*کالم نمبر‬: Property of
case *6* *‫ میں مال مقدمہ کا ذکرہوتا ہے‬5 ‫*کالم نمبر‬: Prosecution witness * ‫ میں استغاثہ کے‬6 ‫کالم نمبر‬
7* *‫*گواھان کی فہرست ہوتی ہے‬: Facts of the case and opinion of investigation officer *
‫ میں مقدمہ کے حالت و واقعات کا ذکر ہوتا ہے اور تفشیشی آفیسر کی رائے تحریر ہوتی ہے‬7 ‫ *کالم نمبر‬Most
Important Articles of Qanun-E-Shahdat With Urdu Explanation Article 5 Communication
During Marriage ‫کسی بھی شخص کو مجبور نہں کیا جاسکتا کہ وہ دوسرے شخص کے راز افشاں کرے جس سے اسکی‬
‫ شادی ہوئی ہو‬Article 38 Confession To Police officer not to be proved ‫پولیس کے سامنے دی‬
‫ جانے والی شہادت کی کوئی اہمیت نہیں‬Article 44 Accused Person to be laible to cross-
Examination Article 59 Opinion of Expert ‫عدالت کسی ٹیکنکل ثبوت وغیرہ کے اس شعبہ کے ماہر کی‬
‫ راے لے سکتی ہے‬Article 67 In Criminal Cases previous good character is relevant ‫فوجداری‬
‫مقدمات میں اگر ملزم کا سابقہ ریکارڈ اچھا ہوگا تو ملزم کو اسکا فائدہ دیا جاے گا‬
24 | P a g e *3*: The accused who have been challaned by police *‫ میں ان ملزمان‬3 ‫کالم نمبر‬
4* *‫*کا ذکر ہوتا ہے جن کو پولیس نے گنہگار کرکے چالن کیا ہو‬: The person who have been challan but
on bail *5* *‫ میں ان افراد کا ذکر ہوتا جن کو چلن تو کیا گیا ہو مگر ضمانت پر ہوں‬4 ‫*کالم نمبر‬: Property of
case *6* *‫ میں مال مقدمہ کا ذکرہوتا ہے‬5 ‫*کالم نمبر‬: Prosecution witness * ‫ میں استغاثہ کے‬6 ‫کالم نمبر‬
7* *‫*گواھان کی فہرست ہوتی ہے‬: Facts of the case and opinion of investigation officer *
‫ میں مقدمہ کے حالت و واقعات کا ذکر ہوتا ہے اور تفشیشی آفیسر کی رائے تحریر ہوتی ہے‬7 ‫ *کالم نمبر‬Most
Important Articles of Qanun-E-Shahdat With Urdu Explanation Article 5 Communication
During Marriage ‫کسی بھی شخص کو مجبور نہں کیا جاسکتا کہ وہ دوسرے شخص کے راز افشاں کرے جس سے اسکی‬
‫ شادی ہوئی ہو‬Article 38 Confession To Police officer not to be proved ‫پولیس کے سامنے دی‬
‫ جانے والی شہادت کی کوئی اہمیت نہیں‬Article 44 Accused Person to be laible to cross-
Examination Article 59 Opinion of Expert ‫عدالت کسی ٹیکنکل ثبوت وغیرہ کے اس شعبہ کے ماہر کی‬
‫ راے لے سکتی ہے‬Article 67 In Criminal Cases previous good character is relevant ‫فوجداری‬
‫مقدمات میں اگر ملزم کا سابقہ ریکارڈ اچھا ہوگا تو ملزم کو اسکا فائدہ دیا جاے گا‬
25 | P a g e Article 71 oral evidence must be direct ‫زبانی شہادت کا براہ راست ہونا ضروری ہے‬
Article 73 Primary Evidence ‫ پرائمری شواھد سے مراد اصل کاغذات پیش کرنا ہے‬Article 74 Secondry
evidence ‫ پرائمری شہادت سے مراد وہ شہادت جو اصل کی کاپی ہو یا زبانی شہادت ہو‬Article 85 Public
Documents ‫پولیس روز نامچہ اور عدالتی‬, ‫پٹوار خانہ‬, ‫پاکستان کا ہر شہری کرسکتا ہے تمام وہ کاغذات جو سرکاری دفاتر‬
‫ فائلیں وغیرہ پبلک ڈاکومنٹ ہیں جس کا مشاھدہ‬Article 86 Private Documents ‫مذکورہ بال کاغذات کے سوا باقی‬
‫ ہر قسم کے کاغذات پرایویٹ کاغذات ہیں‬Article 114 Estoppel ‫اس سے مراد جب کوئی بات بندہ کہہ دے تو اس‬
‫ سے مکر نہیں سکتا‬Article 117 Burdun of proof ‫اس سے مراد جو بھی عدالت کچھ پیش کرتا ہے تو اسکو‬
‫ ثابت کرنا بھی اس شخص کی ذمہ داری ہوتی ہے‬Article 136 Leading Questions ‫ایسے سوالت جس میں گواہ‬
‫ کو ہاں یا نا میں جواب دینا ہوتا ہے‬Article 138 When leading Question may by asked . ‫لیڈنگ سوالت‬
‫جرح میں کہے جا سکتے‬
26 | P a g e Q.1. At what stage an accused may be questioned generally? Ans. At any
stage of inquiry or Trial, after prosecution evidence has been recorded and before
calling for defence evidence. *Q.2. What is the purpose and object of statement u/s
342?* Ans. Its main object is to give an opportunity to accused to explain the
circumstances which arises against him during prosecution evidence. *Q.3. Can
conviction be based merely on confession in statement under 342 CrPC?* Ans. No
there shall be other corroborative evidence on record against accused. *Q.4. Can
court warn an accused before making a statement u/s 342?* Ans. Court will not warn
the accused before making statement under section 342 CrPC. *Q.5. What is
evidential value if accused making an answer in reply to question asked u/s 342?*
Ans. No penal action but the answer given by accused may be taken into
consideration in present inquiry or trial or any other inquiry or trial in which
such answer may tend him to commit an offence. *Q.6. Effect on trial of non-
recording of statement u/s 342?* Ans. Provisions of section 342 CrPC is mandatory.
Non compliance amounts to illegality not curable. (1999 MLD 2168) *Q.7. What are
the consequences if the accused deposes falsely in the statement recorded u/s 342?*
Ans. 1- The Accused shall not render himself liable to punishment by giving false
answer. 2- However, this answer given by the accused may be taken into
consideration in inquiry or trial and 3- May be put in evidence for or against
accused in other inquiry, trial or offence which such answer may tend to show he
has committed. *Q.8. What is evidential value of statement u/s 342 if accused
refusing to answer?* Ans. On refusal or false answer, court may draw such inference
from such refusal or answer as it thinks fit. *Q.9. Which provision of LHC Rules
and Orders deal with statement u/s 342?* Ans. HC Rules and Orders, Volume III,
Chapter 13. *Q.10. Can an accused be asked a question in regard other than evidence
brought on record against him?* Ans. Yes, Under Art. 161 QSO.
27 | P a g e *CIVIL TRIAL* Trial of civil suit and follow the procedure stage by
stage as under; 1. Plaintiff has to file the plaint complying the provisions in all
respect as contemplated under Order 4 r/w Order 6 and 7 of the code. 2. Plaintiff
has to issue summons within 30 days from the institution of suit. 3. After the
service of summons defendant has to file his written statement within 30 days from
the receipt of summons as per Order 8 R 1 of the code 4. No further time exceeding
90 days after date of service of summons be extended for filing written statement
as per proviso to Order 8 R 1 of the code. 5. Within 10 days from the filing of
written statement court has to examine the parties so as to explore the
possibilities of compromise in between the parties and to refer the matter of
settlement under section 89 of the code. 6. If parties fail to compromise the
matter then court has to keep the matter for discovery and inspection within the
time span of 7 – 10 – 10 – 3 days, as per Order 11 of the code. 7. Then to adjourn
the matter for admission with in the time span of15 days as per Order 12 of the
code. 8. Then parties have to file the original documents prior to framing of
issues within the time span of 7 days, as per Order 13 of the code. 9. Court has to
frame the issues within 15 days as per Order 14 of the code. 10. Parties have to
file the list of witnesses within 15 days from the date of framing of issues as per
Order 16 of the code. 11. Plaintiff has to issue summons to the witnesses either
for adducing evidence or for production of documents within 5 days of filing of
list as per Order 16 R 1 (4) of the code. 12. Parties have to settle the date of
evidence as per Order 16 of the code. 13. Plaintiff has to file the affidavits of
all his witnesses within 3 adjournments as per Order 18 R 4 r/w Order 17 of the
code. 14. Court has to exhibit the documents considering their proof and
admissibility with a reasoned order as per proviso to Order 18 R 4 (1) of the code.
28 | P a g e 15. Cross examination of the plaintiff and his witnesses on day to day
until all the witnesses in attendance have been examined as per Order 18 R 4 (2)
r/w Order 17 R 2 (a) of the code. 16. Defendant has to issue summons to the
witnesses either for adducing evidence or for production of documents as per Order
16 R 1 (4) of the code. 17. Defendant has to file the affidavits of all his
witnesses within 3 adjournments as per Order 18 R 4 r/w Order 7 of the code. 18.
Court has to exhibit the documents considering their proof and admissibility with a
reasoned order as per proviso to Order 18 R 4 (1) of the code. 19. Cross
examination of the defendant and his witnesses on day to day until all the
witnesses in attendance have been examined as per Order 18 R 4 (2) r/w Order 17 R 2
(a) of the code. 20. Parties have to conclude their arguments within 15 days from
the completion of their respective evidence as per Order 18 R 2 (3A) of the code.
21. Court has to delivered judgment forthwith or on or before 30 days and not
exceeding 60 days from the date of conclusion of the arguments as per Order 20 R 1
of the code. Bail, it's kinds and Grounds 1. Introduction The concept of bail is
not new. Basic Philosophy behind the concept of bail is that accused should be
released from the custody of law enforcing agency into the custody of sureties.
This is an interim order which can be withdrawn by the court at any stage according
to circumstances. 2. Relevant Provisions Section 496, 497 and 498 of Cr.P.C is a
relevant provision 3. Meaning of Bail Bail means the security, which court requires
for release, of some accused. It is, in fact, transfer of accused from judicial
custody to sureties with this condition that sureties will remain bound for future
appearance of accused in court whenever accused appearance will be required.
29 | P a g e 4. Kinds of Bail Bail is of the following three kinds. i. Bail After
Arrest / Post Arrest Bail It is a bail which is granted to the accused person,
after his arrest, both in bailable and non-bailable offence. When the accused has
been arrested by the law enforcing agency, bail may be generated to him under
section 497 of Cr.P.C. ii. Bail before Arrest / Pre-Arrest bail Bail before arrest
is a bail which is granted in a case where court feels perhaps accused has falsely
involved in case and he is likely to suffer irreparable injury to his dignity,
honor, or reputation by his arrest. Note: In bail before arrest, registration of
case is necessary. i. Protective bail The protective bail is granted to accused
enable him to approach the concerned court of other provinces for the purpose of
obtaining pre-arrest bail without touching its merits. ii. Direct approach to High
court Superior courts can entertain application for pre-arrest bail and can grant
relief to accused in appropriate cases where accused could inter alia, established
that he was prevented from approaching lower court concern. iii. Bail after
Conviction It is granted when after conviction of accused, the appeal has been
accepted for hearing and the court observes that there are grounds for the release
of the accused, therefore, it accepts the bail petition and allows bail also under
section 426. 5. Kinds of Bail by Nature By nature, bail may be divided into
following two kinds.
30 | P a g e i. Interim Bail It is a bail which is granted by the court without
hearing the prosecution for a specified period of time. ii. Permanent or Confirmed
bail It is a bail which is granted by the court after hearing both the parties,
i.e., petitioner and prosecution. 6. Pre-conditions or Essential ingredients of
Confirmation of Pre-arrest / before arrest Bail Following confirmation of pre-
arrest / before arrest bail, following are pre-conditions or essential ingredients.
i. Ulterior Movies Arrest of petitioner should be for some ulterior motives. In
fact, there should be doubt that motive for involvement of accused in some criminal
case in not pure. If ulterior motive is proved, pre- arrest bail can be confirmed.
If it is also proved that apprehension of imminent arrest, humiliation and
unjustified harassment of accused due to some ulterior motive or mala fide on part
of authorities or other influential persons. ii. Heinousness of offence Heinousness
of offence is of no importance as far as granting of pre-arrest bail is concerned.
In fact, pre-arrest bail cannot be refused due to heinousness of offence. iii.
Commission of offence Pre-arrest bail can be confirmed when investigation is
completed and it shows that accused has not committed offence. iv. Physical
Surrender Petitioner / accused should physically surrender himself before court. It
means that no pre-arrest bail can be granted to absconder. v. Fit case
31 | P a g e Case of petitioner should be fit case so that court can exercise its
discretion of confirmation of bail. If case of petitioner is fit case for court to
exercise its discretion, pre-arrest bail can be granted. vi. Bail Bond Pre-arrest
bail can be confirmed when accused is ready to submit bail bond is prescribed
manner under Criminal Procedure Code. 7. Pre-conditions or Essential Ingredients of
confirmation Post-arrest / After-arrest bail For confirmation of post-arrest (after
arrest) bail, following are pre-conditions or essential ingredients. i. Prohibitory
Clause According to Section No. 497 of Criminal Procedure Code, post-arrest bail
cannot be granted when there exists reasonable grounds for believing that
petitioner has been guilty of that offence, which is punishable with death or
imprisonment for life or imprisonment for ten years. It reveals that pre- condition
or essential ingredient for confirmation of post-arrest bail is that alleged
offence should not fall within prohibitory clause of Section No. 497 of Criminal
Procedure code. ii. No Reasonable Ground for commission of Non-bailable offence
Another pre-condition or essential ingredient for confirmation of post-arrest bail
is that there should be no reasonable grounds for believing that accused has
committed non-bailable offence. iii. Sufficient grounds for further Inquiry For
confirmation of post-arrest bail, there should also be sufficient grounds for
further inquiry into guilt of accused. iv. Bail Bond Post-arrest bail can be
confirmed when accused is ready to submit bail bond in prescribed manner under
Criminal Procedure Code. 8. Ground for granting of bail in Non-bailable offence
Following are grounds upon which bail can be taken or granted in non-bailable
offence
32 | P a g e i. Personal enmity When it is proved that there exists personal enmity
between accused and complainant, bail can be taken in non-bailable offence. ii.
Rule of Consistency If co-accused of some non-bailable offence has already been
granted bail, bail of petitioner / other co-accused can be taken. It reveals that
rules of consistency can be ground for granting bail. iii. Child or Woman when
accused / petitioner is child or woman, bail can be taken in non-bailable offence.
iv. Sick or Infirm Person When accused / petitioner is sick or infirm person, bail
can be granted in non-bailable offence. v. Insufficient evidence If insufficient
evidence is available against commission of alleged non-bailable offence, bail can
be taken. vi. Doubt or Recovery When facts and circumstances of criminal case of
non-bailable offence are like those that such case become doubtful or nothing is
recovered from accused, bail taken in non-bailable offence. vii. Delay in
Registration of FIR or Trial When there is delay in registration of FIR and no
sufficient ground is present for such delay and delay in trail, bail can be granted
in bailable offence. Conclusion To conclude, it can be started that bail in case of
bailable offence is matter of right and it should be granted in cases of bailable
offence. However, bail in case of non-bailable offence is not a
33 | P a g e matter of right. Rather it is a statutory concession, which court can
grant in exceptional circumstances where pre-conditions or essential ingredients
for granting of bail exist. Detailed Steps of Criminal Trial With Relevent
Provisions. A Criminal trial goes through the following steps. 1) FIR U/S 154 ,or
Direct complaint U/S 200 of Cr.P.C 1898. 2) Investigation U/S 156 or inquiry Under
section 202 of Cr.P.C 1898. 3) Record of statement and confession Under section 161
and 164 read with section 364 of Cr.P.C 1898. (4)Physical Or police remand U/S 167,
344 of Cr.P.C 1898. 5) Submission of Challan Under section 173 of Cr.P.C 1898,
under following modes; A) Section 169 of Cr.P.C 1898. Release of accused when
evidence deficient. B.) Section 170 of Cr.P.C 1898. Case to be sent to magistrate
when evidence are sufficient. C) Section 512 of Cr.P.C 1898. Record of evidence in
absence of accused. (6) Quashing of FIR Under Section 561-A of Cr.P.C 1898.
(7)Taking cognizance under section 190 of Cr.P.C 1898. (8)Issue of process Under
section 204 of Cr.P.C 1898. 9) Bail in Bailable offences under section 496 of
Cr.P.C 1898 and Bail in Non-bailable offences under section 497 of of Cr.P.C 1898.
10) The framing of charge from Sections 221 to 240 of Cr.P.C 1898 onwards. 11)
Speedy acquittal under section 249-A for Magisterial trial. And under section 265-K
for Session's Trial. Note: After hearing the prosecutor and accused counsel,
reasons shall be reasons be recorded for every finding. 12) Pleading guilty under
sections 243 and 265-E of Cr.P.C 1898.
34 | P a g e 13) Beginning of prosecution evidence: Prosecution Evidence, through
Examination in chief, Cross Examination and Re-examination (If any). 14) Beginning
of defense evidence, Statement of Accused under section 342 of Cr.P.C 1898. 15)
Final Arguments. 16) Pronouncement of Judgment under section 366 of Cr.P.C 1898. A)
Acquittal under sections 245 & 265-H of Cr.P.C 1898, or Conviction under sections
245(2) & 265-H(2) of of Cr.P.C 1898. 17) Appeal: A) Appeal to court of session
against sentenced passed by the assistant session judge or judicial magistrate
under Section 408 of Cr.P.C 1898. B.) Appeal to to high court against the sentence
passed by Session's or Additional Session's Judge under section 410 of Cr.P.C 1898.
C) Appeal against acquittal through Public Prosecutor under section 417 of Cr.P.C
1898. Important Question and Answers of CRIMINAL PROCEDURE CODE ! 01. Weather
magistrate has power to pass order for registration of FIR ? Ans yes magistrate is
empowered under section 156 (3) crpc can direct the SHO to register the FIR. 02.
What is the provision for supply of documents weather it mandatory or discretion of
court. Ans. Supply of documents provisions in magistrate trial 241-c & 265-c is
Sessions Trial and it is mandatory. 03. Define Charge & its Stages? Can a person
charged with one offence be convicted of another offence if so?, when ?Alteration
and modification charge? A. A charge is the precise formulation of specific
accusation made against the person. The object of the charge is to enable the
accused the know the particular accusation made against him in order to meet and to
be ready for them before evidences given as to make him able to meet his defence.
B. Particulars of the charge:
35 | P a g e 01. Specific name of the offence 02. Law or section of the law with
which the offence is alleged have been committed 03. Time and place of the offence
and the person against whom or the thing it was committed. 04. Data of the previous
conviction for which punishment shall be enhanced. C. The general rule is that
accused cannot be convicted of an offence which he was not charged. The cased in
which a person is charged of one offence still he can be convicted of another
offences or exception to this general rule. These exceptions are provided in
sections 237 and 238 of CrPC. D. Police cannot amend the charge on their own and
submit challan under without the approval of prosecution department. (1991 PCR LJ
723) 04. Can a person be charged in multiple cases? A. Yes. General rule is that
for every distinct offence of which any person is accused there shall be a separate
charge; every such charge shall be tried separately. The separate charge for
distinct offences: mentioned section 233 05. Can a person be charged if his name is
not mentioned in charge sheet, Provision? A. Any person may give an application
under section 190 to the magistrate to take cognizance of offence and charged the
accused. And further more it is provided in the Cr PC under the title amendment in
charge governed 06. Under what provision final report is submitted by police? A.
Final report is submitted under section 173 Cr. P C 07. What is Appeal? A. Right of
carrying a particular case from inferior court to superior court for ascertaining
sustainability of judgement. 08. Can a Judicial Magistrate acquit accused at any
time during the pendency of Trial? What is remedy against 249-A order?
36 | P a g e A. Under Section 249-A A magistrate has a power to acquit an accused
at any stage during the pendency of the trail. As 249-A is not the final order
because magistrate can recall him on the basis of evidence. B. If person is
acquitted under section 249-A any person being aggrieved by the said order may file
an acquittal appeal under section 417 before the High Court. No revision shall lie
from said order. 09. Difference between 249 & 249- A? A. Under section 249
magistrates may stop the proceeding when no complainant appears before the court.
In the same way under section 249-A magistrate has the power to acquit the accused
at any stage during the pendency of the trail. B. Under section 249 once an accused
discharged can be charged again. But under section 249-A magistrate can acquit the
accused on the basis of evidence at any stage. 10. Whether order under section 249-
A is final? A. Order under 249-A is not final order. Magistrate has power to recall
the accused on the basis of evidences established. An appeal can be filed against
such order under 417 Cr.P.C B. For example: If there are three accused and one of
them was not found guilty then magistrate can acquit him at that stage of the
proceeding and has power tio recall him when required. 11. Under what provisions
appeal against acquittal is filed? A. Acquittal appeal is filed under section 417.
B. Limitation: 30 Days. No special leave to appeal from an order of acquittal shall
be entertained by HC after the expiry of 60 days from the date of that order
(Government) C. If in case of application for grant of special leave to appeal from
an order of acquittal is refused no appeal from that order of acquittal shall lie
D. Power of appellate to punish, remand…….additional evidence (428) E. Acquittal
appeal once filed cannot be withdrawn. 12. What is the limitation period for appeal
against acquittal A. 30 days for private person and 60 days for government
37 | P a g e 13. Is there any Difference in appeal against acquittal filed by
prosecution and complainant in Procedure? A. Any aggrieved can file appeal against
acquittal. There is limitation time for filing an appeal. As there is no sound
difference between them. 14. Define Bail, Grounds for Grant & Rejection? A. To give
or deliver the accused in the hands of sureties. (496) B. Granting of bail in
bailable offences is a right of accused. 01. Right C. Non bailable 01. It is given
when no reasonable grounds for the commission of offence. 02. Any person under the
age of 16 years, sick or infirm person, a woman. 03. It is provided as a matter of
concession and not as a matter of right. 15. What is Habeas Corpus, where is it
filed? Difference between 491 &199? A. 199 is the constitutional remedy. Remedy
under section 491, session judge and HC have power to give remedy. It is a
procedural remedy. B. Habeas corpus can be filed when life of person is in
peril/danger. Issued in the case of illegal detention/unlawfully imprisoned. C. Can
be issued when a post card sent to judge by victim or his relative. D. Habeas
corpus means produce the body. E. This keeps a government from imprisoning people
unlawfully. Even given condition of the jail is poor and prisoner suffer. F. It is
filed in the Session Court and High Court. 16. Habeas Corpus is filed in District
court or High Court? A. In both courts. 17. What are the cases in which Habeas
corpus can be filed against father?
38 | P a g e A. Habeas Corpus under section 491 HC has got jurisdiction in matters
pertaining to the custody of minors of tender age and it can be issued against the
father and it is the speedy and appropriate remedy because mother’s first right to
hold custody of minor in Islam it is also known as HIZANAT. B. Case of the Japanese
Lady: In this case honourable court observed that mother’s cradle is god’s cradle
and unless she is disqualified her first right of custody stands fully established.
Jurisdiction can be exercised under article 199 of the constitution as well as
under section 491 crpc HIROKU_Muhammad v/s Muhammad Latif 1994 MLD 1682. C.
Recently case of minor Japanese daughter given to her mother in preference to
Muslim father 1999 CLC 1202. 18. Whether Justice of peace can take special oath
from any party? A. No. He does not have powers to do so. 19. Once complaint
dismissed /withdrawn ?can be filled again, Procedure? A. In the cases where
complaint is made against the relative and there after compromise made cannot be
withdrawn without the permission of court. B. Yes complain can be made again after
the dismissal provided under section…….. 20. Narrate the procedure when accused
died during the trail of case? A. It is the principle in the criminal that personal
action dies with the person. Therefore trail would end with the death of the
accused. 21. Accused convicted for 5 years in offence of 302 with fine, Filled
appeal, seeking suspension of sentence and grant of Bail, can same sentence be
dismissed or not? A. District judge can take the cognizance of the case as
punishment under 302 is life imprisonment. 22. Application filed under section 544
Cr.pc to call eye witness/army officer to trial court, he refused, Remedy? A. Court
can call any person as witness to meet the ends of justice under session 544.
39 | P a g e 23. Can statement of accused 342 be treated as confessional statement?
A. No. Because the statement under section 342 is an answer against the allegation
and question put to him by the judge if he admits the allegation then he shall be
forwarded to the magistrate for recording the confessional statement under section
164 read with 364. Statement under 342 recorded by the concerned judge in whose
court case is pending. While the confessional statement is always recorded by
magistrate under section 164 read with 364. 24. In Criminal case on who burden of
proof lies, What are the exemptions of burden of proof in criminal cases? A. In
criminal cased Burden of proof always lies on the prosecution but there are some
exception to this rule which are given under 01. Plea of albi 02. Self defence 03.
Insanity 04. Dishonouring of cheque. In above mentioned cases burden of proof
shifts on accused. 25. Can a private person arrest anyone? A. Yes for the sake of
preservation of peace if any individual whose sees it broken may restrain the
liability of the person whom he sees the breaking it , as long as his conduct shows
that public peace is likely to be endangered by this act. 26. 161? Difference
between 161and 164? A. Section 161 provides that police officer making an
investigation may examine any person orally acquainted with the facts and
circumstances of the case and such person shall be bound to answer all questions
relevant to case except questions the answer to which would tend to expose him to
criminal charge or to penalty or forfeiture. B. The statement under 161 is not
signed by the person making it. C. The statement under 164 is always recorded by
the magistrate it may be confessional statement or it is self explanatory matter. A
confession may be recorded by any magistrate. This statement cannot always dealt as
confessional statement.
40 | P a g e D. Statement under 364 is also recorded by magistrate in which
procedure for the examination is given. In case he is making confessional
statement. 27. Criminal conspiracy and its punishment? A. Criminal conspiracy is
defined under section 120-A PPC which says when two or more persons agreed to do or
cause to be done 01. An illegal act or 02. An act which is not illegal by illegal
means, such n agreement is designated a criminal conspiracy 03. Punishable with
death or impoundment of life or rigorous punishment for a term of 2 years or upward
and per crime abetted. 28. Abetment and its punishment? A. 06 months punishment 29.
Criminal remedy in dishonouring of cheque? A. Criminal remedy against the
dishonouring of the cheque is given in 489-F which says whoever dishonestly issues
a cheque towards repayment of a loan or fulfilment of an obligation which is
dishonoured on the presentation, shall be punishable with imprisonment extend to 03
years, with fine or with both unless he can establish, for which the burden of
proof shall rest on him that he had made arrangements with his bank to ensure that
the cheque would be honoured and that banks was at fault in not honouring the
cheque. 30. Procedure of illegal dispossession? A. A complaint is filed before
session judge under section 3, 5, and 7 of illegal dispossession act, 2005 before
the session court. 31. What are the remedies if SHO does not register the FIR? A.
An application under 22-A (6) clause 1 and 3 (by Justice of peace) and application
under section 156 (3) before magistrate. And direct complaint 200 crpc.
41 | P a g e 32. What is the difference between F.I.R & Challan? A. It is first
information report dealt in section 154 Cr. P C. It is not a substantive piece of
evidence. Its objective is to put law in motion. B. Challan is mentioned in 173 Cr
P C. When the investigation report is completed the station officer shall submit a
report to magistrate to take the cognizance of the office is known as Challan. It
contains 07 columns 33. 02. What is Remand (167) difference between Judicial
Custody & Police Custody A. Procedure when investigation cannot be completed in 24
hours fixed by the section 61 Cr. P C and there are grounds for believing that the
accusation or information is well founded, the officer in charge of police station
or police officer making the investigation shall forth with transmit to the nearest
magistrate. B. There are two types of remands 01. Judicial remand: means accused is
sent to the judicial custody or judicial lock up. 02. Physical remand: means
accused is given in the custody of police for the further investigation.Interview
tips /questions for ADPPs