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Showing posts from March 11, 2024

Transfer of property act 1882 in Urdu

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Transfer of property act 1880 ke tehat duran case property sale nahi ki ja sakti.( pld 2023 sindh 96 ) Transfer of property act 1880 **Understanding the Transfer of Property Act 1882 in Pakistan** The Transfer of Property Act, 1882 is a significant piece of legislation governing the transfer of property in Pakistan. Originally enacted during the British colonial period, this law continues to be relevant in Pakistan's legal system, providing a framework for the orderly transfer of immovable property. **Historical Background:** The Transfer of Property Act, 1882, was enacted by the British colonial administration with the objective of consolidating and amending the law relating to the transfer of immovable property. It was largely based on English common law principles but adapted to suit the needs and circumstances of colonial India, which included present-day Pakistan. **Applicability and Scope:** The Transfer of Property Act applies to the transfer of immovable property situated i...

What are discretionary Powers of the courts | some examples of discretionary powers

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Discretionary powers of courts  Certainly! Here are some examples of discretionary powers exercised by courts in various legal contexts : 1. **Sentencing Discretion:** In criminal cases, judges have discretion to determine the appropriate punishment for convicted defendants. Factors such as the nature and severity of the offense, the defendant's criminal history, mitigating or aggravating circumstances, and the principles of rehabilitation and deterrence are considered in determining the sentence. 2. **Equitable Remedies:** Courts may exercise discretion in granting equitable remedies such as injunctions, specific performance, or restitution. For example, a court may grant an injunction to prevent a party from engaging in harmful conduct if monetary damages are deemed inadequate to remedy the situation. 3. **Admissibility of Evidence:** Judges have discretion to admit or exclude evidence during trial based on its relevance, reliability, and fairness. For instance, evidence obtained...