Articles in this category What is the concept of Will according to Muslim Law? Every Muslim of sound mind and not a minor is competent to dispose of his property by Will subject to certain limitation. Under Muslim law no person is entitled to make will of the whole property. Lim... How to made Will? A Will may be made either verbally or in writing. In case of Oral Will the burden of establishing is on the person who alleges existence of Will. It must be proved with the utmost precision and with e... Can be use any special words for making Will? No specific wording is necessary for making a will. In Islamic law the will (wasiyya) can be oral or written, and the intention of the testator must be clear that the wasiyya is to be executed after h... How many witnesses are there when making A Will? There should be two witnesses to the declaration of the Will (wasiyyat). A written wasiyya where there are no witnesses to an oral declaration is valid if it written in the known handwriting/signature... When A Will (wasiyya) shell execute? A Will (wasiyya) shell executed after payment of funeral expenses, payment of his/her debts. This FAQ is prepared by Sadia Saman Advocate What is the limitation of Will can be dispose of? A Muslim has not unlimited power to dispose of his property by Will. He can dispose of a third of the surplus of his estate after payment of funeral expenses and debts. This FAQ is prepared by Sad... What is Gift? Answer: Gift" is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, calle What is the concept of Gift? Answer: The conception of the term "gift" as used In the Transfer of Property Act is somewhat different from the use in Mohammedan law. In the Mohammedan law a gift is a transfer of property or r What is essential element of a Gift? Answer:The essential elements of a gift are(a) The absence of consideration;(b) the donor;(c) The donee;(d) The subject-matter;(e) The transfer; and the acceptance. This FAQ is prepared by Sadia Sam How to complete Gift transaction? Answer: A transaction of gift in order to be complete must be accepted by the donee during the lifetime of the donor. This FAQ is prepared by Sadia Saman Advocate Who is donee? Answer: The donee is the person who accepts the gift. This FAQ is prepared by Sadia Saman Advocate Who legally owns a gift? Answer: When someone gives another person a gift, the gift becomes the personal property of the recipient. This FAQ is prepared by Sadia Saman Advocate Can gift deed be challenged in court? Answer: The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was ... What if gift deed is not registered? Answer: You can cancel the unregistered gift deed for filing Suit for Cancellation of Unregistered Gift Deed in Civil Court. This FAQ is pre When can a gift be revoked? Answer: A gift may be revoked only by a mutual agreement on a condition by the donor and the donee. This FAQ is prepared by Sadia Saman Advocate What is a valid gift? Answer: A valid gift requires: (1) a competent donor; (2) an eligible donee; (3) an existing identifiable thing or interest; (4) an intention to donate; (5) delivery; i.e., a transfer of possession to... Who can gift? Answer: Any valid owner of an existing property can gift property. This FAQ is prepared by Sadia Saman Advocate Can a minor gift property? Answer: A minor is incompetent to gift a property, though a guardian can accept such a gift on his behalf. This FAQ is prepared by Sadia Saman Advocate Question-: What is Judgment in Civil Procedure code? Answer: According to Section.2 (9) of CPC, Judgment means the statement given by the judge on the grounds of a decree or order. Judgment is the judicial statement of a Court of J... Question-: What is Decree in Civil Procedure Code? Answer: Decree is the operative part of a judgment in a civil suit or in civil appeal. According to section.2 (2) CPC, Decree means the formal expression of an adjudication which... Question-: What is Order in Civil Procedure Code Answer: According to section.2 (14) order means the formal expression of any decision of a Civil Court which is not a decree. ... Question-: What is Pecuniary Jurisdiction? Answer: section 6 of CPC, the pecuniary jurisdiction is determined by the valuation put up by the subject matter of suit in plaint on the basis of Suit Valuation. Valuation is de... Question-: Order in civil suit without Jurisdiction, which is valid or invalid? Answer: An Order by a court not possessed of pecuniary jurisdiction, which is in valid. This FAQ is prepared by Sadia... Question-: What is the Territorial Jurisdiction of Court? Answer: Territorial jurisdiction means the jurisdiction over a specific territory. Territory over which a Government or a sub-division thereof or Court jurisdiction. A civil cou... Question-: What is the Importance of Cause of Action in a Civil Suit? Answer: Cause of action means an action for which the defendant is answerable to court. Cause of action includes the right, which the Plaintiff asserts and the infringement of the... Question-: What is the power of court in CPC? Answer: According to section 151 of CPC. Saving of inherent powers of Court, Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to m... Question-: Who is Receiver in Civil Suit? And how he is appointed? Answer: A disinterested person appointed by a court, or by a corporation or other person for the protection of property that is diverse claims. Receiver can only be appointed a pr... Question-: What are the duties of a Receiver? Answer: Every receiver so appointed shall: a) Question: Removal of Receiver? Answer: Removal of Receiver at any time by the order of court but his appointment action at early comes to end on: Question: Powers of Receiver: Answer: The powers of the Receiver: Question: What is issue? Answer: Issues are material propositions of law or fact about parties ate at variance according to their pleadings determination where of is necessary for effective and final disposal Question: how many kinds of issue? Answer: Issues are two kinds. Question: How to issue frame? Answer: The Court may frame the issue: Question: What are the grounds of return of plaint? Answer: Question: What is Plaint? Answer: Plaint means concise statement of allegation by or against a person legal or justice to seek redress from a complete court of law. Question: How many ingredients of rejection of plaint? Answer: There are 4 ingredients of rejection of plaint: Question: When Claim or Relief under valued: Answer: If the claim or relief is undervalued and the plaintiff having been asked to correct the valuation fails to do so the plaint shall be rejected. Question: Plaint deficient in Court-fee: Answer: A plaint with deficient court fee not sent properly constitute. This FAQ is prepared by Sadia Saman Advocate Question: Suit time barred: Answer: Where suit appears to be prima facie barred by any law, the pla Question: Remedies available to party on return of plaint: Answer: The first remedy available to party is that it may challenge the order returning the plaint to proper court by filling an appeal against such orders. Question: How many types of cost in civil procedure code? Answer: Two types of cost have been mentioned in civil procedure code Question: What is the meaning of Actual Cost? Answer: Actual Costs mean any cost awarded by the court in order to secure the expenses incurred by a successful litigant in the assertion of his rights before the court. Question: What is the object of Cost? Answer: The object of cost is to secure the expenses incurred by a litigant in litigation and not to enable him to make anything in the way of gain or profit. Question: What is understood by transfer? Answer: Plaintiff has right to choose the forum to institute a case but CPC empowers the court to transfer a case on defendant’s application under certain circumstances Question: How many types of transfer? Answer: There are two types of transfer: Question: Grounds of Transfer of a Case: Answer: Ø Question: What are Essentials of court for transfer of a case? Answer: The court in which the suit/appeal or other proceeding has been institute or in pending should be a court of competent juris Question: What is the remedy available against judgment or decree obtained through fraud? Answer: This remedy available under S.12 (2) CPC, if a decree, Judgement or Order obtained by way of fraud, misrepresentation, and for want of jurisdiction etc. Question: What is the Object of section 12(2) CPC? Answer: Object of the Section 12(2) CPC is to provide a summary procedure to seek relief against decree, judgment or order on the ground of fraud, misrepresentation or went of jurisdi Question: In which cases section12 (2) is not applicable? Answer: The provision of Section 12(2) is not applicable: Application made to the rent controller and If fraud is committed prior to the proceedings. Question: How to file Application under section 12(2)? Answer: A Simple application file before the same suit, and not a fresh suit is required, when an application made in a court under S.12 (2) CPC, Court shall inquire into the allegati Question: Is there any special procedure provided for suit by or against the Government? Answer: CIVIL PROCEDURE CODE 1908 provided a special procedure for suits by or against the Government. This procedure is different from the normal procedure provided under the Code fo Question: What is the meaning of Government? Answer: Government means Federal or Provincial Government. Question: What is the meaning of Public Officers? Answer: Public Officers define in S.21 Pakistan Penal Code, denotes a person who holds any office, by virtue of which he is empowered to do an act for or on behalf of Government or a Question: Who is alien enemy? Answer: An alien enemy is any person who voluntary resides in a country which is at war with Pakistan, or carries on business in such country, without the license of the Federal Gover Question: When aliens may sue: Answer: Alien enemies residing in Pakistan with the permission of the Federal Government and alien friends may sue in the Courts in the provinces as if they were Citizen of Pakistan. Question: Classification of Alien: Answer: (i) Alien Friend Question: Define alien friend: Answer: Alien friends is a term used for those aliens who are subject of such a country with which, the country where they reside have friendly bounds or relations. Question: Define Alien enemy: Answer: Alien Enemy is a term used for such aliens who are the citizen of a country with which the country in which they reside has hostile relation or state of war. Question: What do you understand by a consent decree? Answer: A consent decree as an estoppels. It is not appealable and is binding on the parties unless set aside. Consent decree is passed with the agreement of the parties when a decree Question: Is consent decree appealable? Answer: No appeal shall lie from a decree passed by the court with consent of parties. Question: Kinds of consent decree: Answer: (a) consent decree through court Question: How to execute of consent decree? Answer: A consent decree is executable like any other decree. This FAQ is prepared by Sadia Saman Advocate Question: If consent obtained by fraud, what is the remedy? Answer: where consent of the parties is obtained by fraud and misrepresentation to other illegal ways, an appeal is competent. Question: When a decree may transfer for execution? Answer: the Court which passed a decree may on the application of the decree holder send it for execution to another court: Question: who is Inspector-General of Registration? Answer: the Provincial Government shall appoint an officer to be the Inspector General of Registration for the territories subject to such Government. The Inspector-General of Registration, ... Question: What are the powers and duties of the Registrar? Answer: the main duty of the Registrar to register the documents presented before him for registration, the Registrar is empowered to exercise general superintendence and control over the ... Question: What are the powers and duties of Sub-Registrar? Answer: the main duty of Sub- Registrar is to register the documents presented before them for registration. The Sub-Registrar is required to perform duties of his office and to exercise pow... Question: What is Admission under the Registration Act 1908? Answer: Admission does not require registration under the provision. The provision of section 17 of the Registration Act applies to documents which transfer or limit an interest in immovable... Question: Is registration required for document of Appointment of guardian for minor’s property? Answer: A document appointing a certain person as the guardian of the person and properties of a minor is not one relating to immovable property and is not compulsorily registrable Question: Define Co operative Society: Answer: Co-operative society means a co-operative society registered under the Co-operative Societies Act 1912 or under other law for the time being in force relating to the registration of ... Question: Establishment of registering officers: Answer: The Provincial Government may allow proper establishment for the several offices under the Registration Act. It is provided that the books and registers prescribed by the Inspector-G... Question: Seal of registering officers: Answer: The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and in such other language as the Provincial Government directs. This FAQ is Question: Register-books and fire-proof boxes provided by: Answer: The Provincial Government shall provide for the office of every registering officer the books necessary for the purposes of this Registration Act. The books so provide shall contain ... Question: Which kinds of Documents is registration compulsory? Answer: The Provision of Section 17 of the Registration Act, the following documents are required to be registered compulsorily, if the property which they relate is situate in a district i... Question: Compromise deed: Answer: A compromised deed is a settlement of disputed claim and applies to claims and demands of all sorts. Question: What is the effect of registration of documents? Answer: the effect of registering a document which is registrable under this section is that it will be admissible in evidence to prove the transaction which it purports or operates to effec... . Question: What is the effect of non-registration of documents? Answer: the effect of not registering documents compulsorily registrable under this section is that it cannot affect any immovable property which it purports or operates to affect. This FA Question: When Power-of-Attorney need to registration? Answer: Power-of-attorney purporting to create an interest in immovable property of the value of Rs.100 or more, must be registered. But however a power given to an agent to transfer an inte... Question: Pre-emption required registration: Answer: Pre-emption is in other words an option to purchase which does not require registration, similarly a document by which right of pre-emption is waived does not require registration. Q: Define Transfer of property? A: “Transfer of Property” means an act by which a living person conveys property in present of future to any other living person or even to himself. Q: What is Relinquishment? A: When owner of a property withdraws himself from the property and abandons his right. This FAQ is prepared by Sadia Saman Advocat Q: What may be transferred according to Transfer of Property Act? A: Section 6 in the Transfer of Property Act, 1882, Property of any kind may be transfer Q: Who is competent to transfer the immovable property? A: Every person competent to contract and entitled to transferable property, or authoriz Q: Who are incompetent to contract? A: Person who has not attained the age of majority according to the law applicable to him is not competent to contract. Contract with a minor, unsound or Q: Who are competent to contract? A: When a person is said major, sound and not disqualified by law, then he is said to be competent to contract. This FAQ Q: What is Operation of transfer? A: Unless a different intention is expressed or necessarily implied, a transfer o Q: What are the rights of Transferee under Transfer of property Act? A: Transferee of property can claim all rights, title, and interests in property at time Q: What is Oral Transfer of property? A: A transfer of property may be made without writing in every case in which a writing is not expressly required by law. Q: What is condition restraining alienation? A: According to Section 10 Transfer of Property Act. “Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any pe Q: Transfer of benefits of unborn person: A: Section 13 of the Transfer of Property Act, 1882 provides that when for the transfer of property, an interest therein is created for the benefit of an unborn person at th Q: Condition making interest determinable on insolvency or attempted alienation A: Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or e... Q: What do you mean by rule against perpetuity? A: According section 14 of the 'The Transfer of Property Act, 1882' (TPA) is rightly called 'Rule against perpetuity', No, Transfer of property can operate to cr Q: What is the direction for accumulation? A: According section 17of the 'The Transfer of Property Act, 1882' where the terms of a transfer of property direct that the income arising from the property shall be acc Q: Transfer in perpetuity for benefit of public: A: According section 18 of the 'The Transfer of Property Act, 1882' Q: What is vested interest in transfer of property? A: According section 19 of the 'The Transfer of Property Act, 1882' Q: When unborn person acquires vested interest on transfer for his benefit: A: Section 20 of 'The Transfer of Property Act, 1882' where on a transfer of property an interest therein is created for the benefit of a person not then living, he acquires upon h Q. HOW INTELLECTUAL PROPERTY RIGHTS CAN BE ENFORCED? There are several types of intellectual property such as: Q. TRADEMARK ENFORCEMENT IN IPR? Firstly we will take up the Trade Marks Laws: Chapter IV to VI of the Trade Marks Ordinance, 2001 starting from Section 39 deals with the Rights conferred by Regis Q. COPTRIGHT ENFORCEMENT IN IPR? In the Copyright Ordinance, 1962 civil as well criminal remedies are provided. Sections 56 to 65 deals with the civil Remedies where sections 66 to 74 deals with the criminal Remedies. This law is qui... Q. PATENT & DESIGNS ENFORCEMENT IN IPR? Subsequently the Patents and Designs Act, 1911 was substituted by two Ordinances namely Patents Ordinance, 2000 and Registered Designs Ordinance, 2000 in order to separate the two parts of the Intelle... Q/- What is Defamation? What are the elements that constitute Defamation? DEFAMATION: The Defamation is said to be done where such statement is published that tends to lower the reputation of the person referred to. In other words, defamation in tort refers to any oral or w... Q/- what are the types of Defamation? Explain. TYPES OF DEFAMATION: There are two (2) types of defamation · Q/- What are the remedies available for defamation under tort law? REMEDIES FOR DEFMATION: There are two (2) common remedies available for defamation under tort law; · Q. 1 Define Mortgage under Transfer of Property Act 1882? MORTGAGE: Section 58 of the Transfer of Property Act, 1882 explicitly provides the concept of mortg Q. 2 Describe all the types of mortgage? TYPES OF MORTGAGE: Following are the various kinds of mortgage: · Q.3 What is the concept of Doctrine of Lis-pendens under the Transfer of Property Act? DOCTRINE OF LIS-PENDENS: Q.4 What are the essentials of Doctrine of Lis-pendens under the Transfer of Property Act? ESSENTIALS OF ISSUANCE OF LIS-PENDENS: Q.5 What are the objectives of Doctrine of Lis-pendens under the Transfer of Property Act? OBJECTIVES OF THE LIS-PENDENS: Following are the objectives of the lis-pendens: · Q.6 What is lease? LEASE: Section 105, 107 and 108 of Transfer of Property Act,1882 Q.7 What are the essentials of lease under Transfer of Property Act, 1882? \Following are the essentials of lease. Details are as under: Q.8 How lease is made? Ans. A lease agreement is made of an immovable property from year to year or for any other duration which is exceeding one year by delivering of possession of the property to lessee as tenant for ... Q.9 What are the types of lease/ Ans. Following are the different kinds of lease: Q.10 Explain the term gift under Transfer of Property Act? GIFT: The term gift is defined in section 122 and 123 of the Transfer of Property Act. Gift is a transfer of property, this transfe What is the Prevention of Trafficking in Persons Act, 2018? The Prevention of Trafficking in persons Act 2018 is legislation which is enacted in Pakistan to combat human trafficking in person especially women and children, protect victims, provides ef What are the key objectives of the Prevention of Trafficking in Persons Act 2018? Following are the key objectives of Prevention of Trafficking in Persons Act 2018; What is trafficking in person? Trafficking in persons refers the recruitment, transportation, transfer, harboring or receipt of persons by force, coercion, fraud or some other form of deception for the purpose of exploitation. It ... What is the punishment for the offence against the trafficking in person under the Prevention of Trafficking in Persons Act, 2018? Any person committing offence of trafficking in person shall be punished by the imprisonment which may extend to 10 years and not be less than 2 years or with fine of 1 million rupees or with both. ... Which department shall investigate the offence of trafficking in person? The police shall investigate the offence of trafficking in person, and if the offence involves transportation of the victim into or out of Pakistan and it constitutes part of the transaction constitu... What measures shall be ensured by the government for the safety and witnesses of offences? The government or a provincial government shall take appropriate measures to ensure that a victim and witness of an offence is provided adequate protection, if their safety is at risk the government... How does the Prevention of Trafficking in Persons Act 2018 protect victims? The act provides various protections for victims of trafficking, in which the court may in specified circumstances: i. What measures does the Act introduce to prevent trafficking in persons? The Act provides preventive measures, such as; i. What is Limitation Act 1908? The limitation Act 1908 is a law in Pakistan that sets the time limit within which a legal Action must be brought before a court. It governs the time with in which legal proceedings must be initiated... What is the objective of Limitation Act 1908? It provides the time period in which case can be brought in the Court of law. Negligence in institution of suit with period prescribed causes the suit time barred thus not maintainable in Court of la... When does the limitation period start to run? The limitation period usually starts running from the date when the cause of action arises. In other words, it starts from the date the right to sue accrues to the plaintiff. However, this act also p... What is the general principal of Limitation Act 1908 according to section 3 of the act? Section 3 provides the general rule of limitation act 1908 that suit must be brought within the prescribed period of time in this act or any other special law. Even if the defendant does not take ple... When does the limitation period expire if the courts are closed? According to section 4 of the Act, Where last day of the limitation period falls on the day when the Court is closed, time shall be extended up to the date very next reopening of the Court. What are the circumstances under which the time for filing a legal action can be extended? Section 5 of the Limitation Act 1908 in Pakistan provides for the extension of the limitation period in certain situations. It states that if a person entitled to file a suit or make an application ... What is legal disability and what are the effects of legal disability under Limitation Act 1908 in Pakistan deal with? Section 6 of Limitation Act 1908 deals with the, legal disability in which the person is legally prohibited from taking legal action due to being a minor, unsound mind or insane person. It states tha... How does the concept of “Continuous running of time” apply in the context of the Limitation Act 1908? And what are its exceptions? Section 9 of the act states that, if once time has begun to run, no subsequent disability or inability to sue can stop it. Under what circumstances does the Limitation Act 1908 allow for the exclusion of time in the calculation of the limitation period for filing any legal proceedings? The Limitation act 1908 provides for the exclusion of certain periods from the calculation of the limitation period. Following are the certain circumsta What does Effect of Fraud means under the limitation Act 1908? Under section 18 of the Act; What does effect of acknowledgment in writing means under the limitation Act 1908? Under section 19 of the Act, An Acknowledgment in writing refers to written communication by debtor or defendant in which he recognizes an existing debt, liability, or obligation owed to the creditor... What is Limitation Act 1908? The limitation Act 1908 is a law in Pakistan that sets the time limit within which a legal Action must be brought before a court. It governs the time with in which legal proceedings must be initiated... What is the objective of Limitation Act 1908? It provides the time period in which case can be brought in the Court of law. Negligence in institution of suit with period prescribed causes the suit time barred thus not maintainable in Court of la... When does the limitation period start to run? The limitation period usually starts running from the date when the cause of action arises. In other words, it starts from the date the right to sue accrues to the plaintiff. However, this act also p... What is the general principal of Limitation Act 1908 according to section 3 of the act? Section 3 provides the general rule of limitation act 1908 that suit must be brought within the prescribed period of time in this act or any other special law. Even if the defendant does not take ple... When does the limitation period expire if the courts are closed? According to section 4 of the Act, Where last day of the limitation period falls on the day when the Court is closed, time shall be extended up to the date very next reopening of the Court. What are the circumstances under which the time for filing a legal action can be extended? Section 5 of the Limitation Act 1908 in Pakistan provides for the extension of the limitation period in certain situations. It states that if a person entitled to file a suit or make an application s... What is legal disability and what are the effects of legal disability under Limitation Act 1908 in Pakistan deal with? Section 6 of Limitation Act 1908 deals with the, legal disability in which the person is legally prohibited from taking legal action due to being a minor, unsound mind or insane person. It states tha... How does the concept of “Continuous running of time” apply in the context of the Limitation Act 1908? And what are its exceptions? Section 9 of the act states that, if once time has begun to run, no subsequent disability or inability to sue can stop it. Under what circumstances does the Limitation Act 1908 allow for the exclusion of time in the calculation of the limitation period for filing any legal proceedings? The Limitation act 1908 provides for the exclusion of certain periods from the calculation of the limitation period. Following are the certain circumstances; What does Effect of Fraud means under the limitation Act 1908? Under section 18 of the Act; i. What does effect of acknowledgment in writing means under the limitation Act 1908? Under section 19 of the Act, An Acknowledgment in writing refers to written communication by debtor or defendant in which he recognizes an existing debt, liability, or obligation owed to the creditor... What is specific relief act 1877? The specific relief act 1877 is a legal statue in Pakistan that deals with the enforcement of specific reliefs or remedies concerning civil rights and not arising from contracts. The act aims to prov... How the specific relief is granted? According to section 5 of the act provides for various types of specific reliefs, such as; i When can specific performance of a contract be ordered? Specific performance can be ordered when monetary compensation is not an adequate remedy, and the subject matter of the contract is unique or special. What remedies specific relief act provides for the recovery of possession of the immovable property to a person dispossessed? If any person is dispossessed with from immovable property without his consent, he may file suit for possession U/S 9 for the recovery of possession of immovable property. When a person can be sued for the recovery of possession of the specific movable property? Section 10 & 11 deals with the circumstances under which a person holding movable property of plaintiff without lawful jurisdiction can be sued for the recovery of it, plaintiff has to file a reg... According to section 12 which contracts can be enforced? Contracts that can be enforced are the following; i. According to section 21, which contracts cannot be specifically enforced? Following are the defences for the non-performance of the contracts; i. Who can obtain specific performance? Person himself What is meant by rectification of instrument? Rectification of an instrument means, the process of correcting or amending an error, mistake, or defect in a legal or official document, contract, agreement or any other written instrument. This pro... When is meant by recession of contract? Recession is when a contract is rendered null and void, and no longer recognized as legally binding. Recession of a contract refers to the act of cancelling, voiding, or terminating a legally bindin... Under what circumstances the court will adjudge recession of contract? Under Section 35 SRA, any person interested in a contract (in writing) may sue to have rescission and such rescission may be adjudged in the following cases: Under what circumstances relief of recession may not be granted? If contract had become revocable. ii. Under what circumstances sue for cancellation of documents may be file? The term cancellation of instrument refers to a remedy that allows a party to a contract or agreement to seek a court order to declare the contract or instrument null and void. This remedy is avail... According to SRA 1877 define and classify injunction: Injunction is a specific order of the court that either stops someone from doing a certain action ( restraining injunction) or compels any to do certain act (mandatory injunction). It is granted to p... According to SRA 1877, what is perpetual injunction? According to section 54 or SRA 1877, a perpetual injunction is a court order that permanently stops someone from doing a specific action. It is used when ongoing harm or rights violation is expected,... According to SRA 1877, What is temporary injunction? Under section 53 of the SRA 1877, A temporary injunction is a court order that stops someone from doing something for a specific time, usually until a final decision is made in the case. It is used t... According to SRA 1877, what is mandatory injunction? Under section 55 mandatory injunction is a court order that requires someone to do a specific action. It is used when monetary compensation is not enough, and forcing the action is necessary to fix a... What constitutes a valid communication of an offer? A. As per Section 3 of the Contract Act 1872, a valid communication of an offer requires a clear and deliberate intention to make an offer, which must be effectively communicated to the other party. A... Why must a communication from offeror be made by an authorized person and what are the implications if it is made by an unauthorized person? A. As per Section 3 of the Contract Act 1872, a communication must be made by an authorized person to be binding because only authorized representatives have the legal capacity to enter into contracts... What constitutes a valid acceptance of an offer in contract law, and why does mere silence not amount to acceptance? A. As per Section 3 of the Contract Act 1872, a valid acceptance of an offer can occur either by the communication of assent from the person to whom the offer is made or by the performance of the act ... Can offer be accepted through silence? A. As per Section 3 of the Contract Act 1872, an offer cannot be accepted through silence. An offeree who does nothing in response to an offer is not bound by its terms, even if the offer specifies th... Does making the highest bid automatically create a binding contract? A. As per Section 3 of the Contract Act 1872, making the highest bid does not automatically create a binding contract because an offer, such as a bid, must be explicitly accepted and communicated by t... What happens when an acceptance of an offer is made after the offer has been revoked? A. As per Section 3 of the Contract Act 1872, when an acceptance of an offer is made after the offer has been revoked, no concluded and binding contract comes into existence. If the offeree attempts t... Can an offer be accepted through conduct? A. As per Section 3 of the Contract Act 1872, acceptance of an offer can be inferred from conduct when the offeree takes actions that imply acceptance of the offer, even if no words are exchanged. Thi... What happens if there is no express or implied direction from the offeror about the mode of acceptance of the offer? A. As per Section 3 of the Contract Act 1872, in the absence of specific directions from the offeror, acceptance by reasonable means, such as by post, is considered valid and creates a binding contrac... Why is the communication of a proposal essential for a valid contract to arise? A. As per Section 4 of the Contract Act 1872, a proposal must be brought to the knowledge of the person to whom it is made for it to be complete and effective. Without this communication, the proposal... How is the communication of an offer by post considered effective in contract law? A. As per Section 4 of the Contract Act 1872, the communication of an offer by post is considered effective not when the letter is posted, but when it is delivered to the addressee. An offer is deemed... Why is the communication of acceptance necessary to convert an offer into a binding promise? A. As per Section 4 of the Contract Act 1872, an offer seeking a promise in return is only transformed into a promise when the acceptance is effectively communicated to the proposer. The act of accept... How does the performance of an act convert an offer into a binding promise without further communication of acceptance? A. As per Section 4 of the Contract Act 1872, where an offer seeks an act from the other party, the performance of the requested act alone is sufficient to convert the offer into a binding promise. Th... When is acceptance through letter or telegram considered complete and binding? A. As per Section 4 of the Contract Act 1872, Acceptance through letter or telegram is considered complete and binding against the proposer as soon as the acceptance is posted or sent by telegram. The... Where is the place of contract considered to be when acceptance is communicated via letter or telegram? A. As per Section 4 of the Contract Act 1872, there are two views regarding the place of contract when acceptance is communicated via letter or telegram: Traditional View: The contract is made at the ... What happens if a letter of acceptance is lost or misplaced in transit? A. As per Section 4 of the Contract Act 1872, if a letter of acceptance is lost or misplaced in transit and does not reach the proposer, the contract is still considered complete. The communication of... How does acceptance through a court function in contract law? A. As per Section 4 of the Contract Act 1872, when a court communicates the offer of one party to be bound by the oath of the other, it acts merely as an intermediary. A completed agreement arises onl... When is a communication of revocation effective in contract law? A. As per Section 4 of the Contract Act 1872, a communication of revocation is effective when the letter of revocation is received by the addressee. If a telegram revoking acceptance reaches the offer... When can a proposal or acceptance be revoked in contract law? A. As per Section 5 of the Contract Act 1872, a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterward. Similarly, an acc... What happens if a plaintiff is bound by an agreement to keep a bid/offer open for acceptance for a certain period? A. As per Section 5 of the Contract Act 1872, if a plaintiff is bound by an agreement to keep a bid/offer open for acceptance for a specified period (e.g., 90 days), they are liable to suffer the cons... Can a conditional acceptance be revoked before it becomes unconditional? A. As per Section 5 of the Contract Act 1872, a proposal accepted conditionally may be revoked before the acceptance becomes unconditional. This FAQ is prepared by Sadia Saman Advocate Can a bidder at an auction sale withdraw their offer before it is accepted? A. As per Section 5 of the Contract Act 1872, a bidder at an auction sale can withdraw their offer before it is accepted by the fall of the hammer. If the auction sale is subject to confirmation by a ... When does a bid made at an auction mature into a contract? A. As per Section 5 of the Contract Act 1872, a bid made at an auction matures into a contract when it is accepted by the auctioneer, who acts as an agent of the seller, or by another authorized perso... Can a contract be revoked or modified after it has been completed? A. As per Section 5 of the Contract Act 1872, after a transaction has ripened into a completed contract, it requires the consent of both parties to revoke or modify it. Once an offer to be bound by th... Can an acceptance of an offer be withdrawn after it has been accepted? A. As per Section 5 of the Contract Act 1872,once an offer has been accepted, a concluded contract comes into being, and the person who accepted the offer cannot retract from the acceptance. For examp... What happens to the original proposal if a counter-proposal is made? A. An original proposal is superseded by a counter-proposal made by the other party and would not be revived even if the maker of the proposal rejects the counter-offer. However, if the person making ...