Author Topic: Legal Education  (Read 4759 times)

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Offline Mir Alihan

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Legal Education
« on: June 06, 2008, 02:30:00 PM »

(XI OF 2005)DATED 6TH JULY 2005
Whereas it is expedient to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession therefrom by the property grabbers.
It is hereby enacted as follows:-

(1)   This Act may be called the Illegal dispossession Act, 2005.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.

Section .2:-Definitions:-
In this Act, unless there is anything repugnant in the subject or context:-
(a)   “Court” means the Court of Session.
(b)   “Code” means the Code of Criminal Procedure, 1898.
(c)   “Occupier” means the person who is in lawful possession of a property.
(d)   “Owner” means the person actually owns the property at the time of his dispossession , otherwise than through process of law; and
(e)”Property” means immovable property.

 Section .3:-Prevention of illegal possession of property, etc:-

(1)   No one shall enter into or upon any property to dispossess, grab, control or occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property.
(2)   Whoever contravenes the provisions of the subsection (1) shall, without prejudice to any punishment to which he may liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provision of section 544 of the Code.

Section .4:-Cognizance of offence:-

(1)   Notwithstanding anything contained in the code or any law for the time being in force, the contravention of section3 shall be triable by the Court of Session on complaint.
(2) The offence under this Act shall be non-cognizable.
(3) The court at any state of the proceedings may direct the police to arrest the accused.

Section .5:-Investigation and procedure:-

(1)   Upon a complaint the court may direct the officer in charge of a police station to investigate and complete the investigation and forward the same within fifteen days to the court.
Provided the court may extend the time within which such report is to be forwarded in case where good reasons are shown for not doing so within the time specified in this sub-section.
(2)   On taking cognizance of a case the court shall proceed with the trial from day to day and shall decide the case within sixty days and for any delay, sufficient reasons shall be recorded.
(3)   The court shall not adjourn the trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice and no adjournment shall in any case be granted for more than seven days.

 Section .6: Power to attach property:-
(1)   If the court is satisfied that none of the persons are in possession immediately before the commission of the offence, the court may attach the property until final decision of the case.
(2)   In case of attachment, the methods of its management safeguard against natural decay or deterioration shall be determined by the court.

Section .7: Eviction and mode of recovery as an interim relief:-

(1)   If during trial court is satisfied that a person is found prima facie to be not in lawful possession, the court shall, as an interim relief direct him to put the owner or occupier, as the case may be, in possession.
(2)   Where the person against whom any order is passed under sub section (1) fails to comply with the same, the court shall, notwithstanding any other law for the time being in force, take such steps and pass such order as may be necessary to put owner or occupier in possession.
(3)   The court may authorize any official or officer to take possession for securing compliance with its orders under subsection (1). The person so authorized may use or cause to used such force as may be necessary.
(4)    If any person, authorized by the court, under sub section (3) requires police assistance in the exercise of his power under this Act, he may send a requisition to the officer-in-ca\charge of a police station who shall on such requisition render such assistance as may be required.
(5)   The failure of the officer-in-charge of police station to render assistance under sub section (4_ shall amount to misconduct for which the court may direct departmental action against him.

Section .8:-Delivery of possession of property to owner, etc:-

(1)   On conclusion of trial, if the court finds that an owner or occupier of the property was illegally dispossessed or property was grabbed in contravention of section 3, the court mat at the time of passing order under subsection (2) of that section, direct the accused or any person claiming through him for restoration of the possession of the property to the owner or as the case may be, the occupier, if not already restored to him under section 7.
(2)   For the purpose of subsection(1) , the court may ,where it is required , direct the officer-in-charge of the police station for such assistance as may be required for restoration of the possession of the property to the owner  or as the case may be , the occupier.

Section .9: Application of Code:-

Unless otherwise provided in this Act, the provisions of the Code of Criminal procedure, 1898, shall apply to all proceedings under this Act.


Offline Mir Alihan

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Re: Legal Education
« Reply #1 on: June 07, 2008, 11:29:29 AM »
Law of evidence

Who may testify?

All persons shall be competent to testify unless the court considers they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind or any other cause of the same kind.
Provided that a person shall not be competent to testify if he or she has been convicted by a court for perjury or giving false evidence.
Provided further that the provision of the proviso shall not apply to a person about whom the court is satisfied that he or she has repented thereafter and mended his or her ways.

A lunatic is not incompetent to testify unless he is prevented by his or her lunacy from understanding the questions put to him or her and giving rational answers to them.(article.3)

Competence and number of witnesses

(1)The competence of a person to testify and the number of witnesses required in any case shall be determined in accordance with injunctions of Islam as laid down in the Holy Quran and Sunnah.
(2)Unless otherwise provided in any law relating to the enforcement of Hudood or any other special law:
(a) in matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be attested by two men, or one man and two women, so that may remind the other, if necessary and evidence shall be led accordingly: and
(b) in all other matters, the court may accept or act on, the testimony of one man or one woman or such other evidence as the circumstances of the case mat warrant. (article.17).

Offline Mir Alihan

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