Untitled 5

1. Introduction:
In the constitution of Pakistan 1973 the provinces have been made more powerful and independent. for each of the four provinces there is a provincial assembly. the provincial assemblies are playing their important role in the provinces.
2. Relevant provisins:
Art 106-128.
3. Formation:
Following are the number of members in provincial assemblies.
Total Provice General seats Women Minorities
371 Punjab 297 66 8
168 Sindh 130 29 9
124 N.W.F.P 99 22 3
65 Baluchistan 51 11 3
728 Total 577 128...

See it on Student Notes »

Untitled 4

1. Introduction:
The constitution of Islamic republic of Pakistan provides legislative procedure in part III chapter 2. the parliament has three functions viz to make laws, to grant finance to the Govt, and to administer the policies of the ministries. the important function of the parliament is to make laws for the state. it is only legislative body. through an amendment in 1985 the legislative procedure has been made easy.
2. Relevant provisions:
Articles 70-89 of the Islamic republic constitution...

See it on Student Notes »

Untitled 1

1. Introduction:
The president may proclaim state of emergency and make regulations accordingly. emergency may arise all over the country or in a province or in a part of it. the president is authorized to declare state of emergency for whole of the country or any part of the country.
2. Relevant article provisions:
Article 232 to 237 constitution of Pakistan.
3. Power to proclaim the emergency:
A proclamation of emergency is issued by the president. the president is the sole judge of the situation and...

See it on Student Notes »

Untitled 15

injunction
1. Introduction

Injunction is equitable relief. it is grated at the discretion of the court. it is a judicial order by which a party is required to do certain act or is restrained from doing some other act. so granting of an injunction is a matter of judicial discretion for the court.
2. Relevant provisions:
Sec. 56 specific relief act.
3. Meaning:
It is derived from a Latin word "ingoing" which means "command or order."
4. Definition:
Halsbury's laws of England
"A judicial process where by a...

See it on Student Notes »

Untitled 14

Declaratory Decree
If any person entitled to any legal character, or to any rights as to any property is denied by another
and if any suit is filed by the person so denied it is called a declaratory suit. A Declaratory decree is a binding declaration of right in equity without consequential relief. In simple terms, a declaratory decree is cone which settles the right and removes the confusion of the status of the party.
Provision regarding declaratory decree has been provided in sections 34 and 35
...

See it on Student Notes »

Untitled 13

Moveable property
1. INTRODUCTION
The specific Relief Act describes such circumstances under which a person, holding moveable property of the plaintiff without lawful justification, can be sued for the recovery of such property.
2. RELEVANT PROVISIONS
Sec. 10 and 11 of Specific Relief Act.
3. WHO CAN FILE SUIT
Following can file suit for recovery of the possession of moveable property.
(i) Owner of the property,(ii) A trustee
4. MEANING OF MOVEABLE PROPERTY
Moveable property means all' kinds
...

See it on Student Notes »

Untitled 12

Forced contract

1. INTRODUCTION
The specific performance is actual execution according to the terms stipulated. It is enforced under equitable jurisdiction vested in the court of law. The specific relief act provides detail of those person who are entitled to sue for specific performance of the contracts.
2. RELEVANT PROVISIONS
Sec, 23 Specific Relief Act.
3. PERSONS ENTITLED TO OBTAIN SPECIFIC PERFORMANCE
Following persons are entitled to obtain specific performance of the contract.
I. ANY PARTY
...

See it on Student Notes »

Untitled 9

Contract can't be forced

Specific performance is an actual performance of a contract. the plaintiff is entitled to have the specific thing wherefore he has contracted. there are some circumstances when a contract can not be specifically enforced.
According to Doemory:
Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.
2. Relevant Provisions:

...

See it on Student Notes »

Untitled 8

Specific performance of contract

1. Introduction:
Specific performance is an actual performance of a contract. the plaintiff is entitled to have the specific thing wherefore he has contracted. there are some circumstances when a contract can not be specifically enforced.
According to Doemory:
Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.
2.

...

See it on Student Notes »