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muhammad-adnan-siddiqui
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Civil Court (Definition) A court of law that deals with disagreement
between individual, people or private companies rather than with criminal activity
Examples: a person who is hurt in a car accident sues the
driver of the other car; a family sues their doctor when the doctor does
not discover that the mother has cancer in time for the cancer to be treated.
JUDICIARY OF PAKISTAN
SUPERIOR/ HIGHER JUDICIARY
SUPEREME
COURT
FEDERAL SHARIAH COURT
HIGH COURT
SUBORDINATE/ LOWER JUDICIARY
CIVIL COURTS
CRIMINAL COURTS
SPECIALIZED
COURTS
CIVIL JUSTICE SYSTEM & CIVIL COURTS
The procedure of civil justice system in Pakistan is governed and regulated by the Code of Civil Procedure 1908.
Civil courts in Pakistan are established by the respective province under different laws titled the Civil Courts Ordinance 1962.
CLASSES OF CIVIL COURTS
The Court of District Judge
The Court of Additional District Judge
The Court of Civil Judge
CLASSES OF CIVIL COURT(CONT)
Court of District JudgeThe court of the District Judge is
the highest court of original civil jurisdiction in the district.
District judges are appointed by the Provincial Government in consultation with the High Court.
CLASSES OF CIVIL COURT (CONT)
Court of Additional District Judges
Additional District Judges are also appointed by the Provincial Government
CLASSES OF CIVIL COURT (CONT)
Court of Civil Judge
The power to appoint Civil Judges, to fix the number of Civil Judges and to make rules prescribing qualifications for recruitment of persons as Civil Judges vests in the Provincial Government.
However, the power to post a Civil Judge to district, the power to determine the local limits of the jurisdiction of the Civil Judge and the general power to fix the pecuniary limits of the jurisdiction of the Civil Judge vest in the relevant High Court.
Features of Civil Courts
1. Recruitment & Promotion: Issues of recruitment & promotions
are dealt under the Provincial Civil Servants Acts.
Initial induction as Civil Judge-cum-Judicial Magistrate is made through the active involvement of the High Court.
A Committee of the judges of the High Court, decides the issue of promotion of judges.
Features of Civil Courts (Cont)
2. Training After appointment, the civil judges are usually
attached for a few weeks to the Court of Senior Civil Judge/District & Sessions Judge to get practical training.
They also receive specialized training at the Federal Judiciary Academy in the respective provincial judiciary academies.
Suchtraining is comprised of education in various laws, court management, case processing and judicial procedure, etc.
Features of Civil Courts (Cont)
3. Control & Disciplinary Action The High Courts exercise supervision and control over the
functioning of the subordinate judiciary. However, disciplinary proceedings may be initiated against a
judicial officer by the High Court. Judicial control is also exercised through revision and appeals being filed in the High Court against the orders/decisions of the subordinate courts.
The High Court carries out its supervisory functions through inspections and calling of record from the courts. The Member Inspection Team (MIT) mostly deals with the issue;
Disciplinary proceedings against judicial officers are apparently initiated and action taken under the (provincial) Government Servants (Efficiency and Discipline) Rules.
Judiciary Of PakistanThe Judiciary of Pakistan is a hierarchical system with two classes of courts:
1.The Superior (or higher) Judiciary Supreme court of Pakistan The Federal Shariah Court and Five High Courts
And
2.The Subordinate (or lower) Judiciary.
The subordinate judiciary may be broadly divided into two classes;
one, civil courts, established under Civil Court Ordinance 1962 and two,
criminal courts, created under the Criminal Procedure Code 1898.
StructureI. Judges CJ+16 II. CJ appointed by President as per procedure
laid down in the ConstitutionIII. Others Administrative Staff= 567
JurisdictionIV. The Supreme Court is the apex
Court of the land, exercising original, appellate and advisory jurisdiction. (Art 25)
V. Its decisions are binding on all other courts.(Art 26)
VI. The Court exercises original jurisdiction in inter-governmental.
Supreme Court Of Pakistan
StructureI. Judges CJ+7(3 to be Ulema) II. President appoint from amongst the serving or retired judges of the
Supreme Court or a High Court or any person holding such qualification
III. Others Administrative Staff= 248
JurisdictionIV. To determine whether a provision of
law is repugnant to the Injunctionsof Islam. Art 203-D
V. Provisional Jurisdiction in cases under Hudood laws. Art 203 DD
VI. To review its judgment/order. Art 203 E
VII. To punish for its contempt; and VIII. Under Hudood laws, hears appeals from judgment/order of criminal
courts.
Federal Shariah Court
StructureThere is a High Court in each province and a High Court for the Islamabad Capital Territory. I. Sindh CJ+39II. Lahore CJ + 49III. Balochistan CJ +10IV. Peshawar CJ +9V. Islamabad CJ + 9
AppointmentVI. Qualifications mentioned for the
post of a Judge are, 10 years experience as an advocate of a High Court or 10 years service as a civil The Judicial System of Pakistan
servant including 3 years experience as a District Judge or 10 years experience in a judicial office.(Art 35)
High Courts
JurisdictionThere is a High Court in each province and a High Court for the Islamabad Capital Territory. I. Art 199(1) To issue 5 writs namely mandamus,
prohibition, certiorari, habeas corpus, and quo warranto; II. Art 199(2) Enforcement of Fundamental Rights; III. Art 203 To supervise/control subordinate courts; IV. Art 204 To punish for its contempt;
High Courts
Civil Judge Cum Judicial Magistrates' Courts
In every town and city, there are numerous Civil and Judicial Magistrates' Courts. A Magistrate with the powers of section 30 of Criminal Procedure Code (Cr.P.C.) .
Jurisdiction
They have jurisdiction to hear all criminal matters other than those which carry the death
penalty may only pass a sentence of up to seven years' imprisonment
Institution of a Law Suit You must have standingTo file a lawsuit in court, you have to be someone directly affected by the legal dispute you are suing about. In legal terms, this is called having “standing” to file the lawsuit. You must have a legal CapacityEvery person has the “legal capacity” to be a party to a lawsuit other thani)Children under the age of 18; and ii)People who are judged mentally incompetent because of illness, age, or infirmity.A legal representative is required to file a lawsuit for them
Pleading Procedure(a) CAPTION; NAMES OF PARTIES. Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.
(b) PARAGRAPHS; SEPARATE STATEMENTS. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.
Pleading Procedure(C) ADOPTION BY REFERENCE; EXHIBITS. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.
Procedures1st step•Suit Authorization
2nd step •Power of Attorney
3rd step•Filing of Suit
4th step• Issuance of notices and summons
5th step•Defendant is served
6th step•Defendant to appear in the court
7th step• Judicial proceedings
8th step•Framing of Issues
9th Step• Judgment is passed
1st Step: Suit Authorization
The case to be filed is authorized from Notary Public. Notary Public is a public authority allowed by law to witness and authenticate legal claims.
2nd Step: Power of Attorney
An agreement between the suit filer and an attorney by law( Lawyer or Barrister at Law) which empowers the attorney to act in the filer’s place.
4th Step: Issuance of Notices and Summons
Court issues Legal notices and summons to defendant and plaintiff ordering them to appear in the court. This step marks the initiation of “Legal Action”.
6th Step: Defendant to appear in the court.
Defendant is served with the notice to appear in Court.1. Defendant fails to appear. (Ex-Parte Judgment is
given)2. Defendant admits plaintiff’s claim. (Judgment by
Admission)3. Defendant Refuses the plaintiff’s claim. (moves to
7th step.)
7th Step: Judicial Proceedings
Judge attends a hearing the court regarding the case and takes down written statement of plaintiff, defendant and witnesses.
8th Step: Framing of issues
Both attorneys give their argument over witnesses and evidence of the case.
9th Step: Judgment is passed
The Judge resolves the case and passes judgment based on the court hearings.