Posts

Showing posts from December, 2020

FEATURES OF LAND REVENUE ACT, 1967

Q. Discuss the salient features of land revenue act, 1967? Answer 1. INTRODUCTION: Land Revenue Act, 1967 consolidates and amends that laws which relate to making and maintenance of records of right, assessment and collection of revenue and all other matters about land revenue administration. This Act prescribes and defines rights and relations between state and land-owners. 2. SALIENT FEATURES OF LAND REVENUE ACT, 1967: Classification of Revenue Officers: Land Revenue Act, 1967 has classified revenue officers into Board of Revenue, Commissioner, Collector, Assistant Collector of First Grade and Assistant Collector of Second Grade. Making and Maintenance of Revenue Records: Land Revenue Act, 1967 has not only provided procedure for making of revenue records but has also narrated rules for maintenance of such records. Such revenue records include record of rights and periodical record. Assessment of Land Revenue: Land Revenue Act, 1967 provides provisions about assessment of lan...

NATURE AND DEVELOPMENT OF INTERNATIONAL LAW

Q. Discuss the nature and development of international law? Answer 1. INTRODUCTION : International law is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe in their relation with each other. International law is necessary for maintaining the peace in the world. The origin international law can be back to the 15th century. 2. MEANING OF INTERNATIONAL LAW: International law means those laws governing the legal relations between nations. 3. DEFINITION OF INTERNATIONAL LAW: A rule of conduct imposed and enforced by sovereign in the form of command which obliges the subject to a course of conduct. 4. NATURE OF INTERNATIONAL LAW: What is International Law: (i) Relations of states with one another: Those principles and rules, which states observe in their relations with one another. (ii) International Institutions: Those rules of law, which are about working of international institutions, their relations with one another and ...

SOURCES OF ISLAMIC LAW

Q) What are the sources of Islamic Law? A) INTRODUCTION : Islam is the complete code of life, It gives guidance in all walks of life. In pre-Islamic period, darkness and ignorance dominated human begins. Islam provides guidance for human begins by uprooting all immoral customs among human beings. It was a time that Islamic Law started developing.  2. DEFINITION OF ISLAMIC LAW: Fiqh is knowledge of what is for a man's self and what is against a main's self. 3. SOURCES OF ISLAMIC LAW:  Quran: Quran is the first and primary source of law. The Holy Quran consists of those direct revelations, which were revealed upon Holy Prophet ( PBUH ) for guidence of all mankind. That is why, the Holy Quran is not only a complete code of creed and morals but also a complete code of law. Sunnah: Sunnah is considered second primary source of law. The Sunnah is closely linked with the Quran. It comprises all the words, counsels of the Prophet, actions, words and daily practices of the Holy Proph...

Fazal Sher VS Muhammad Asif (W.P No. 1118-P/2017)

IN THE PESHAWAR HIGH COURT, PESHAWAR W.P No. 1118-P/2017 Fazal Sher S/O Lal Sher Akmal S/O Sahib Sher Shahfiq Malik Sher Falak Sher Sons of Noor Sher Yar Gul S/O Hayat Gul Syed Jamal S/O Sarwar Wakeel Khan Jamsher Nabi Sher (Sons) Mst. Guldana Mst. Wazira D/O Mst. Sahibzadgay Qadar S/O Muhammad Sher Residents of Mouza Ghari Chandan, Tehsil & District Peshawar ----------------------------------------------------- Petitioner Versus Muhammad Asif S/O Muhammad Zaman R/O Mohallah Gulshan Iqbal Town, Tehkal Bala, Tehsil & District Peshawar Muhammad Mustafa Kamal S/O Islam Gul R/O House No.4, Iqra Street, Near Professor Colony, Agriculture University, Peshawar Malik Mujahid S/O Malik Sher Dil R/O Tehkal Bala Tehsil & Distt Peshawar Sajid S/O Muhammad Zaman R/O Ghulam Iqbal Town, Tehkal Bala Tehsil Khan Faraz S/O Muhammad Ashraf Raees Khan S/O Khan Faraz Maqbool Khan S/O Rehmat Shah Tajwali S/O Rasheed Khan Mst. Chahara Bibi D/O Musharaf Khan Land Acquisition Collector, PHA, Agricu...

Transfer of Property Act 1882

 Q. What do you understand by "Transfer of Property" by act of parties?        Explain the essentials of transfer of property under the transfer of Property Act.  Answer 1. INTRODUCTION: In all the human societies, at every episode of human history, it has been the post prominent of all phenomena that people give the other what they have, in order to take from the other what they have not. This act of giving has been termed as 'transfer'/ Property may be transferred in two ways: one by an act of living parties, such as sale, gift, lease, etc., and second by operation of law, such as succession, inheritance, etc. In latter by Muslim Personal Law and the Succession Act.  2. RELEVANT PROVISIONS: Section 5 of the Transfer of Property Act defines the expression 'transfer of property' and also explains the terms "living person".  Section - 5 "Transfer of property" defined. In the following section. "transfer of property" means an act b...

SOLE PROPRIETORSHIP

Q) WHAT IS SOLE PROPRIETORSHIP? EXPLAIN ITS ADVANTAGES AND DISADVANTAGES?                                                                                                ANSWER 1. INTRODUCTION: Sole Proprietorship form of business is as old as civilization. This type of business is very common all over the world. The size of business is small and its formation is very easy. A person can think to start the business in the morning and he can become owner in the evening. There is no special law for this type of business person over 18 years of age can do any legal work to earn his living. The age limit may be 21 years under the Guardian Act. Another condition is that the owner must have sound mind. Moreover, an...

EQUITY WILL NOT SUFFER A WRONG WITHOUT A REMEDY

Q)    Equity will not suffer a wrong without a remedy. Discuss ? Q)     Explain the maxim of the equity "ubi jus ibi remedium." ? Answer 1. INTRODUCTION :      Where there is a right, there is a remedy. This idea is expressed in the Latin maxim "ubi jus ibi remedium." While it has been stated that the maxim of the common law that wherever there is a right there is a remedy for its infraction has never been adopted by courts of equity, it has been frequently stated that equity will not suffer a wrong, or, as sometimes stated, a right, to be without a remedy. 2. MEANING OF THE MAXIM:     Equity will not suffer a wrong, to be without a remedy means no wrong should be allowed to remain unrepressed if it is capable of being remedied by the court of justice. 3. EXPLANATION:     In accordance with the maxim, where a statute creates a new right which cannot be adequately enforced at law, equity will contrive remedies and orders t...