I will be posting back ground or u say general info abt this course, which includes ppc, crpc, cpc, torts,their sections and article,some definitions, commentry, illustarion from my notes.here are some of them
Cpc.
Mesnse profit.
They are claimed in respect of immovable property, as compensation by the person entitled to actual possessions against the person in wrongful act, actual possessions of such property as for instance, a person whose possession has been decreed to be unlawful. mesne profit are in nature of damages , their assessment is in the judicial discretion of the court. They cannot be awarded against a person who was never in possession or who is in rightful possession. The measure is not what the plaintiff lost; the burden of proving mesne profit actually received is on the person who received them

Cr.pc
Non-cognizable cases:
When information is given to an officer in charge of the limits of such police station of an non-cognizable offence, he shall enter in a book to kept as aforesaid the substance of such information and refer the information to the magistrate.

Summons:
Every summon issued by the under this code shall be writing in duplicate , signed and sealed by the presiding officer of such court or by the such other officer as the high court may, from time to time by rule directs.

Summons by whom served:
Such summons shall be served by a police officer or subject to such rules as the Provincial Government, may prescribe in his behalf, by an officer of the court issuing it or other public servant.

How summons served:
The summons shall if practicable be served personally on the person summoned by delivering or tendering to him one of the duplicate of the summon.

Signature of the receipt for summons:
Every person on whom summons is served shall sign a receipt therefore on the back of the other duplicate.

Cpc.
Plaint order 7:
1. particular to be contained in plaint.
2. name of the court in which the suit is brought .
3. the name, description and place of residence of the plaintiff.
4. the name, description and place of residence of the defendant so far as they can be ascertained.
5. where the plaintiff or the defendant is a minor or a person of unsound mind , a statement to that effect.
6. the fact constituting the cause of action and what it arose.
7. the facts showing that the court has jurisdiction
8. the relief which the plaintiff claims
9. when the plaintiff has allowed a set off or relinquished a portion of his claim the amount so allowed or relinquished.
10. A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court fees. So far as the case admits.

Place of institution of suit where local limits of jurisdiction of court are uncertain:
Term jurisdiction of courts refers to the legal authority to administer justice in accordance with the means provided by law and subject to certain terms, such terms must be, complied with an order, to create and raise the jurisdiction and in their absence, jurisdiction doesn’t rise. If no limit is placed, the jurisdiction is unlimited consists in taking cognizance of a case involving the determination of jural relations, in ascertaining the essential points of it. And in pronouncing upon them.
Where a question is referred to an established court all the ordinary incidents of procedure of that court including the general right of appeal and revision fro its decision are to attach.

Torts:
The word tort means in law a wrong or injury which has certain characteristic the most important of which is that it is a redressable in an action for damages at the instance of the person wronged or injured. e.g.: assault, libel, trespass, and nuisance.
It is French word which means in its etymological sense ‘a twisting out’ and in a popular sense a crooked act, a transgression straight or right conduct.
The ‘tort’ word was at one time very near passing into literary use as synonym for wrong.

Definition of tort:
A tort is violation of a sight of person or a breach of duty of another towards him. The right and duty arise under the general law as between a person or persons in a particular situation. It is redressable in a civil action for damages with alternative remedy in some cases of injunction and recovery of possession and differs from some wrong which are wholly criminal.

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Then let these shivers go on fire...
And these screams go blind...
And you go sore in the eyes your life is an abyss...
Where your shadow reached before You.

Maxim/ Actio personalis mortium persona:
this maxim which means a personal action dies with the person is a general rule applicable to torts and prevents representatives of the deceased from suing in his right for the suffering and pecuniary loss caused him during his lifetime by reason of the injury of which he ultimately died. The maxim was originally introduced to prevent actions of a panel character like trespass and its offshoot being brought after the death of the wrong doer, against his representatives.

Death of Parties:
In England, the general rule of the common law in regard to the death of parties to an action in tort is Actio personalis mortium cum persona. The effect of this maxim is that the death of the party wrong doer puts an end to the cause of action, Therefore a suit cannot be instituted by or against his representatives.

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Then let these shivers go on fire...
And these screams go blind...
And you go sore in the eyes your life is an abyss...
Where your shadow reached before You.

Of Bail : http://www.cssforum.com.pk/central-s...16706-law.html


Kinds of bail:

• Pre arrest bail

• Post arrest bail

Grounds of bail:

• Minority

• Proof of age

• Female

• Medical grounds

• Angina and hypertension

• Old age and infirmity

• Case of two revisions

• Counter case

• Sufficient grounds

• Delay in prosecution

• Judicial confession

• Non framing of charges

• Commanding lalkara

• Appreciation of evidence

• Plea of alilbi

• Offence under two laws

• Withdrawal of application

• Benefit of doubt

• Commencement of trial

• Fresh grounds

Ingredients of complaint:

• An oral or written allegation

• Some persons known or unknown has committed an offence

• Must be made to a magistrate

• Must be made with a view of taking an action if said magistrate

• Action proposed to be taken must be under crpc.

__________________
Then let these shivers go on fire...
And these screams go blind...
And you go sore in the eyes your life is an abyss...
Where your shadow reached before You.

Principle of res judicata
If an accused is tried on certain charges acquitted it will be clearly unjust and highly oppressive and amount to an abuse of the process of the court to permit his repeated prosecution on identical evidence in respect of identical charges even though relating to different terms.
1. It must be showing that has been tried by a competent court for the same or one for which he might have been charged and convicted at the trial, on the same facts.
2. that has been convicted or acquitted at the trial and that such conviction or acquittal is in force.

Difference between evidence and proof:
Is clearly discernable from the definitions o the expression “evidence” , “proved” , disproved or not proved, evidence of a fact and proof of a fact is not the same thing, while evidence consists of oral and documentary evidence produced in court. In treating of a fact as proved, the court does not rely merely upon the evidence or statement witnesses, admission or confession of parties and the documents produced before it.

__________________
Then let these shivers go on fire...
And these screams go blind...
And you go sore in the eyes your life is an abyss...
Where your shadow reached before You.

of Appeal : http://www.cssforum.com.pk/central-s...16706-law.html


Appeal in case of acquittal:
1. subject to the provision of the of sub section (4), the provisional government may, in any case, direct the public prosecutor to present an appeal to the high court from an original or appellate order of acquittal passed by any court other than a high court.
2. if such an order of acquittal is passed in any case instituted upon complaint and the high court, on an application made to it by the complainant in this behalf grants special leave to appeal from the order of acquittal the complainant may present such an appeal to the high court.
3. a person aggrieved by the order of acquittal passed by any court other than a high court may within 30 days, file an appeal against such order
4. no application u/s-s (2)for the grant of special leave to appeal from an order of acquittal shall be entertained by the high court, after the expiry of sixty days from the date of that order.
5. if in any case the application u/s-s (2) for the grant of special leave to appeal from that order of a acquittal shall lie u/s-s (1) ,Section 417 crpc.

__________________
Then let these shivers go on fire...
And these screams go blind...
And you go sore in the eyes your life is an abyss...
Where your shadow reached before You.

Mens Rea:
the important essential of a crime is mens rea or evil intent. there can be no crime of any nature without an evil mind. every crime requires a mental element .even in strict or absolute liability, some mental element is required, that is why mens rea or actus non facit reumnist mens sit rea, is considered a fundamental principle of penal liability. the meaning of the term Actus non facit reum nist mens sit rea is that intent and act must both concur to constitute the crime. it has however been a matter of great difficulty to arrive at the true meaning of mens rea.

stages in commission of a crime

• intention

• preparation

• attempt

types Of punishment

• deterent

• retributive

• preventive

• reformative

__________________
Then let these shivers go on fire...
And these screams go blind...
And you go sore in the eyes your life is an abyss...
Where your shadow reached before You.

[QUOTE=Cant think straight]

Quote:

Principle of res judicata

My Learned Colleague you are doing a very good job, please go ahead but about the above quoted provision, i m afraid i would humbly disagree, as the principle of res judicata pertains to civil proceedings, its counter part in criminal law is principle of double jeopardy. so what u have quoted is surely double jeopardy and not res judicata.

regards

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Men are born to succeed, not fail.

403. Persons once convicted or acquitted not to be tried for the same offence. (1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not to be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 36, or for which he might have been convicted under section 237.

@Cant think straight
If an accused is tried on certain charges acquitted it will be clearly unjust and highly oppressive and amount to an abuse of the process of the court to permit his repeated prosecution on identical evidence in respect of identical charges even though relating to different terms.
1. It must be showing that has been tried by a competent court for the same or one for which he might have been charged and convicted at the trial, on the same facts.
2. that has been convicted or acquitted at the trial and that such conviction or acquittal is in force.

Doctrine of res judicata u/s 11: A thing adjudicated is received as the truth. A judicial decision is conclusive until reversed, and its verity (truth, quality of being true or in accordance with fact) cannot be contradicted. Res judicata presupposes that there are two opposing parties, that there is a definite issue between them, that there is a tribunal competent to decide the issue, and that within its competence, the tribunal has done so. Once a matter or issue between parties has been litigated and decided, it cannot be raised again between the same parties, but other parties are not so bound. It applies on the cases, which have been decided. Ex turpi causa non oritur action means no case against immorality is maintainable. An action does not arise from a base cause, e.g., an illegal contract is void.

NOW IT SEEMS STRAIGHT

With best wishes.

Dear gentlemen, Precisely
1. allow me to finish my thread, its not done yet.
2. if you have any further queries kindly mail me, if you don’t get it.because this is not Q/A thread,
3. please go through the pages of Criminal law and criminal trial.
4. quoting from criminal trail, as it is my major subject in law, both in css and pcs.
5. it says in criminal trial” the term res juducate signifies that the matter in dispute has been considered and finally settled and that adjudication has a conclusive effect upon the rights determined.”
6. more over, subject matter of suit involved in two suits, not determine as to whether the issue is res judicata or not but if the matter directly and subsequesntly in issue is same, it will be res judicata.
7. all the other conditions of res judicata namely; the samness of parties, the comepntecy of the court and litigiation under the same title have to be fulfilled, and it prevents the accused from double allegation.
8. and doctrine of res judicata is used in criminal trial as well as in cpc code.
9. bara-e karam point 1, 2,3 par zaror ghor farmaye ga, looking forward for your healthy contribution, help me to complete this thread,shukriya

__________________
Then let these shivers go on fire...
And these screams go blind...
And you go sore in the eyes your life is an abyss...
Where your shadow reached before You.