Demanding Interpretation of Res Judicata (PLJ 1976 AJ&K 131): The rule of res judicata need to be strictly interpreted; a trial shouldn't be prevented Unless of course it essentially will involve reopening a made the decision problem.
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The doctrine of res judicata underneath the CPC is crucial in protecting the finality of judicial decisions and avoiding the multiplicity of litigation. Its application requires very careful Evaluation with the prior match’s character, events, issue matter, and the problems included.
Courts often value parties that use legal notices, mainly because it demonstrates which they made an effort to take care of the matter away from court, amicably. When you've got acquired a legal notice, You then have amongst two options; to either adjust to their calls for or to deliver a rebuttal by sending a response on the legal notice.
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Simply because there's no principle of the Will during the Transfer of Property Act or Islamic regulation, no matter sect, all shares are dispersed to legal heirs through succession.
Purchase (Area 14 of CPC): Defined given that the formal expression of any determination of a Civil Court which isn't a decree. This encompasses judicial decisions that do not conclusively figure out the legal rights from the events.
Sections thirteen and fourteen with the CPC set a transparent criterion with the acceptance and execution of overseas judgments in Pakistan. These sections are pivotal in making sure that overseas judgments are only supplied result when they satisfy specific standards of fairness, jurisdictional competence, and adherence to Pakistani legislation.
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PLD 2003 Kar. 45: This case illustrates that for recovery of sale thought for property located somewhere else, a go well with is often submitted in a jurisdiction exactly where Portion of the cause of action (like payment) occurred, adhering to your principle which the creditor ought to Adhere to the debtor.
Final although not minimum, beneath post 24 of your constitution, no one besides the regulation can deprive the owner of his residence.
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