Understand the civil justice system, including court processes, legal rights, and dispute resolution. Learn how civil litigation upholds fairness and justice.
Causes of Delay in Disposal of Civil Suits and Solutions to Address Them In comparison to banking suits, a civil suit takes more time to dispose of. There can be various reasons for the delayed disposal, such as unnecessary adjournments, defendants avoiding to receive summons and witnesses avoiding to record their evidence. But I believe that the primary reasons have to do with ambiguity in Order VIII, Rule 1, Code of Civil Procedure (CPC) and the flawed nature of service of summons to the defendant. In a banking suit, the law namely Financial Institutions (Recovery of Finances) Ordinance 2001 is strictly complied with. In particular, section 9 and section 10 of the Ordinance provide a mechanism of service to the defendant. In a banking suit, a summons is served through the bailiff, by way of registered post, courier and publication in newspapers. All this is done simultaneously. The Ordinance provides that after the publication of summons in the newspapers, a defendant is to file leave to defend the suit within a period of thirty days. The service is held to have been validly effected after adopting these modes and the defendant cannot then claim that he or she has not been served. The time to file leave to defend is not usually extended, however, exceptions exist where there are valid reasons for the defendant to seek extension of time. A banking suit is summarily decided in case leave to defend the suit is declined, whereas in a civil suit, Order VIII, Rule 1, CPC provides that the time to file a written statement shall not ordinarily exceed…
Introduction: The Judiciary is an institution of the highest value in every society and the Universal Declaration of Human Rights (Art 10) and the International Covenant on Civil and Political Rights Art 14(1) proclaim that everyone should be entitled to a fair and public hearing by a competent, independent judiciary. The rule of law is the foundation of a democratic society. The Judiciary is the guardian of the rule of law. Hence Judiciary is not only the third pillar, but the centre pillar of a democratic State. In a democratic country like Pakistan, where a written Constitution is followed, it is a supreme authority for all citizens and institutions. The authority to interpret the judicial complications is vested in the superior Courts. It is also the prime duty of the Judiciary to oversee that all citizens and institutions including the executive and the legislature act within the framework of constitution and the fundamental law of the land.[1] Now-a-days the judiciary is subjected to serve criticism with reference to the back log, inefficiency and corruption. No one can justify, if the allegations are correct. The back log is a common problem in countries were adversarial system of justice is enforced. This inherent problem surfaced in Pakistan due to executive’s being prejudice against judiciary and mismanagement of judicial system. Lack of interest in judicial reform, failure to cater the needs of judiciary in consonance with the needs of the growing population and its demands and above all keeping the judicial officers linked with the executive’s ranks and…
The phrase comprises of two words Legal and Notice. Words Defined. Legal means of or relating to law, falling within the Province of law, established, required or permitted by law ___ lawful ___ in accordance with law. Notice: means in formation, intimation, observation, knowledge, warning etc. A person has a notice of a fact or condition if that person has actual knowledge of it or has received information about it or has reason to know it, e.g. All prospective buyers were on notice of the judgment lien, etc Notice also means a written or printed announcement. It also means to notify i.e. to inform a person or a group in writing or any other method which is understandable e.g. To notify the law suit to all defendants. Notice means Take notice of -given notices to, serve notice on it has been noticed. A notice should be concise and clear, brief but comprehensive in expression. (Short) and complete including all or nearly all relevant elements or aspects. It should be Clear—not confused or doubtful. Object of the Notice: A notice is mostly and generally served on the opposite party i.e. defendant in civil matters in respect of duties and liabilities which are civil and pecuniary in nature aiming thereby to intimate and inform the proposed defendants of the claim or claims of the plaintiff so that these may be settled amicably if possible before knocking the door of Court. (2) The object of giving a notice is to inform the addressee of a particular course which is…