MUSLIMS IN BURMA

MUSLIMS IN BURMA

THE THOUSANDS OF MUSLIMS IN BURMA ARE KILLED BY BUDDHIST WITHOUT ANY OFFENCE.  THE ALLAH ALMIGHTY IS ANGER WITH THE MUSLIMS AND KILLING IN BURMA IS CLEAR INDICATION BUT MAJORITIES OF THE MUSLIMS ARE NOT TAKING THIS ISSUE SERIOUSLY AND THEY ARE BUSY IN THEIR DAILY LIFE. THE RELIGION ISLAM PUT GREAT EMPHASIS ON BROTHERHOOD AND HELP OTHER MUSLIMS OR EVEN NON-MUSLIMS BUT IN PRESENT TIME NO ONE HAVE TIME TO LISTEN THE PROBLEMS OF OTHERS. THE ONE PROBLEM OF THIS IS LACK OF ISLAMIC EDUCATION. THE ONLY MUSLIM COUNTRY IN THIS WORLD WHO COMES FORWARD TO HELP THE MUSLIMS OF BURMA IS TURKEY. THE MOST IMPORTANT THING IS THAT PAKISTAN BEING AN ATOMIC COUNTRY DID NOT EVEN THINK TO HELP MUSLIMS OF BURMA. THE MUSLIMS IN WHOLE WORLD ARE NOT MAKING PROGRESS LIKE OTHERS ONLY BECAUSE THE MUSLIMS ALWAYS TRY TO WORK AGAINST THE MUSLIMS. 

ALLAH IS SO MERCIFUL

SUMMARY OF THE DIYAT, ARSH AND DAMAN FUND RULES, 2007

SUMMARY OF THE RULES

The Diyat, Arsh and Daman Fund Rules, 2007 were framed by the Federal Government having sources such as annual grants from the Federal Government and Provincial Government, aid, assistance and contribution from local, national and international agencies, and donations made by private organizations and individuals. Such fund is operated by authorized administrative committee consisting of a Chairman, a Members and a Secretary for the management, control and disbursement of the fund to a convict by giving soft loan who has been sentenced with imprisonment including payment of Diyat, Daman or Arsh and islanguishing in Jail for non-payment subject to furnishing surety bond for return of soft loan within the period specified. The administrative Committee may constitute sub committees for facilitating and engaging the convict in different jobs with the non-governmental organizations and individuals or work places within jail or attached to jail, if any, for return of the soft loan or payment or amount of Diyat, Arsh and Daman. Where a convict has served out the substantive sentence of imprisonment and makes part payment of Diyat, Arsh or Daman, he may be released on parole on such terms and conditions as may be determined by the Court.

Jurisdiction of the Civil Courts

Jurisdiction of the Civil Courts

Jurisdiction of the Civil Courts: There are various types of jurisdiction of the Civil Courts in Bangladesh, namely—

1)     Pecuniary Jurisdiction

2)     Jurisdiction of Subject-matter

3)     Territorial Jurisdiction

4)     Original Jurisdiction

5)     Appellate Jurisdiction

6)     Review Jurisdiction

7)     Reference Jurisdiction

8)     Revision Jurisdiction

9)     Writ Jurisdiction

10)  Inherent Jurisdiction

11)  Supervisory Jurisdiction

12)  Superintendence Jurisdiction

13)  Jurisdiction to transfer or withdrawal of suits

1.      Pecuniary Jurisdiction: (All suit are Civil Nature)

The Assistant Judge Court, the Senior Assistant Judge Court, and the Joint District Judge Court are barred by the pecuniary jurisdiction.

• The Assistant Judge Court may not take any suit of value (TK.  One to Two Lac).

• The Senior Assistant Judge Court may not take any suit of value (TK. Two Lac one to Four Lac).

• The Joint District Judge Court may take any suit of value (TK. Above 4 Lac one to ———).

It is an established rule that every suit of every value firstly has to be instituted in the lower grade court of its jurisdiction.

2.      Jurisdiction of subject-matter:

The Civil court may take every suit of Civil nature and the other cases which are not specifically declared as criminal nature.

3.      Territorial Jurisdiction:

Where the subject matter of the Civil suit is an immovable property, then in which jurisdiction of district it as situated, the suit must be instituted in the district Courts at the district.

If the Immovable property is situated between the middle of two or more districts the suit may be institute at any of the district Courts of such districts.

If the Movable property is situated in such a manner it is impossible to identify where districts part it is in the suit may be instituted at any district court of any district nearest it.

If the subject matter of the suit is movable property the suit may be instituted in the following any district court of nay district—

• Where the cause of action arise
• The residence of the defendant
• The residence of the plaintiff

4.      Original Jurisdiction

The Assistant Judge Court, The Senior Assistant Judge Court, The Joint District Judge Court and The High Court Division of Supreme Court has original jurisdiction because only they can take a fresh suit.

5.      Appellate Jurisdiction:

The Additional District Judge Court, The District Judge Court, The High Court Division of Supreme Court and Appellate division of Supreme Court has appellate jurisdiction, because they can take appeal from their subordinate Courts.

6.      Reference Jurisdiction:

Reference is excusive jurisdiction of the High Court Division. It normally means referring to a case to the High Court Division for its opinion and order.

Section 113 of the CPC provides that any court may state a case and refer the same for the opinion of the High Court Division, and the High Court Division may make such order there on as it my think fit.

Conditions of Civil revision are that-

I.      Only a court can make reference to the High Court Division.

II.      Reference is to be made only when an important issue of law has arisen.

III.      The power of reference by the High Court Division is discretionary.

7.      Revision Jurisdiction:

Revision is a purely discretionary remedy granted by a higher court with a view to correcting miscarriage of justice.

Under section 115 of the CPC (as amended in 2003) Civil Revisional power can be exercised by the High Court Division and The District Judge.

This power is also called supervisory power or power to do complete justice or power to call for records. Exercise of this power can be only at the instance of a party. Previously this power could have been exercised sue notice by the High Court Division.

Normally questions of facts are not considered by a court under its revision jurisdiction. [15 BLD 196]

A revision is not a continuation of the original preceding like an appeal. [22 DLR 192]

Circumstances Review is possible almost in every judicial organ. It is done by the same court which gave the order or judgment against which review is sought for. Section 114 of the CPC provides that it a person is aggrieved—

1.  By a decree or order from which an appeal is allowed but no appeal has been preferred.
2.  By a decree or order from which no appeal is allowed
3.  By a decision or a reference from a court of small causes

May apply for a review of judgment to the court which passed by the decree or made the order and the court may make such order thereon as it thinks fit.

8.      Review Jurisdiction:

Review means a judicial re-examination of a case in certain specified and prescribed.

9.      Writ Jurisdiction:

Writ Jurisdiction means the power and Jurisdiction of The High Court Division (HCD) under the provision of the Constitution whereby it can enforce fundamental rights as guaranteed in the Constitution. The basis of writ Jurisdiction is Article 102 of The Constitution.

10. Inherent Jurisdiction (Discretionary Power ):

Inherent Jurisdiction is one of the vital and extraordinary powers of the Civil court. All Civil court from Appellate division to Assistant Judge may exercise this power at any time of a suit.

Basically it is the discretionary power of the judges which depends on the satisfaction of the judges and regulated by under section 151 of the Code of Civil Procedure 1908.

11. Supervisory Jurisdiction

Supervisory power of the High Court Division (HCD) includes the control exercised by this Courts as to prohibit the subordinate Courts from acting extra jurisdictionally and reverse its acting extra jurisdictionally acts Article 109 of our Constitution recognizes such power of the High Court Division (HCD).

12. Superintendence Jurisdiction

According to section 9 of the Civil Courts Act 1887, The District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his Jurisdiction subject to the Superintendence of theHigh Court Division (HCD).

13. Jurisdiction to transfer or withdrawal of suits

According to section 24 of the CPC the District Judge may, on the application of any part of suo motu, at any stage-

• Transfer any suit, appeal or other proceeding pending before if for trial or disposal to any Court Subordinate to it
• Withdraw any suit of appeal of other proceeding pending in any subordinate court and transfer the same for trial or disposal to any court subordinate to it
• Retransfer the same for trial or disposal to the court from which it was withdrawn.

WHAT IS SUMMONS?

Summons

The concept of ‘Summons is an important subject matter of the CPC. When the plaintiff files a suit, the defendant has to be informed that the suit, the defendant has to be informed that the suit has been filed against him, and that he is required to appear in the court to defend it. The intimation which is sent to the defendant by the court is technically known as ‘Summons’. Although the term ‘ Summons” has not been defined in the code, a summons is a document issued from the office of a court of Justice, calling upon the person to whom it is directed to attend before a Judge or officer of the Court for a certain purpose. With the provision in Rule 1 of order 5 where it is stated that no summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff’s claim. In all other cases summons must be issued and served to defendants. Every summons shall be signed by the Judge or such officer appointed by him and shall be sealed with the seal of the court, and must be accompanied by a copy of the plaint Rule (2)

Importance of Service of Summons:

The importance of service of summons, in whatever way it may be effected, is that the defendant may be informed of the institution of the suit in due time before the date fixed for the hearing and to extend him an opportunity to resist the suit where the defendant is not served with summons, the mere fact that he had no knowledge of the suit is immaterial. There are some important of service of summons. These are following:

• It is a fundamental rule of procedure.
• A party must have a fair and reasonable notice of the legal proceedings initiated against him, so that he can defend himself.
• It may be issued to the defendant to appear and answer the claim and may be served in manner prescribed.
• A summons may be sent by the court by which it is issued.
• In every suit heard by a Court of small Causes, the summons shall be for final disposal of the suit.
• It can be effected in section 27, order V and Rule 1 of the C P C. Mode of Service of Summons :

The Code prescribes four members of service of summons upon a defendant:

1. Personal Service
2. Service by affixation
3. Service by post, and
4. Substituted Service

Personal or Direct Service:

Rules 10 to 16 and 18 deal with personal or direct service of summons upon the defendant. This is an ordinary made of service of summons. Here the following principle; must be remembered:

• Where it is practicable, the summons must be served to the defendant in person or to his authorized agent (rule 12).
• Where there are more defendants that one, service of the summons shall be made on each defendant (rule 11).
• Where the defendant is absent from his residence at the time of service of summons may be served on any adult male member of the defendant’s family residing with him (rule 15).

In all above cases, service of summons should be made by delivering or   tendering a copy thereof.

2. Service by Affixation:

Rule 17 specifies this method. When the defendant or his agent refuses to accept personal service of summons, this method is to be used when the defendant or his agent refuses to accept personal service, the serving officer shall affix a copy of the summons to on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain.

Mere temporary absence of a defendant from his residence or place of business does not justify service by affixation.

Leading   Case: – Shamsunnahar    Vs.     Salahudding, 4 M L R (A D) 405

3. Service by Post:

Rule 19B specifies that the court shall, in addition to, and simultaneously with, the issue of summons for personal service, also direct the summons for personal service, also direct the summons to be serve, by registered post with acknowledgement due addressed to the defendant or his agent at the place where the defendant or his agent actually and voluntarily resides or carriers or business.

Leading   Case: – Gyanammal Vs.  Abdul   Hussain

4. Substituted Service:

The Provision for substituted service is provided for in Rule 20 or order 5 of the C P C. Rule 20 specifies that in two situations the method of substituted service may be restore to:

•  When there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or

•  When for any other reason summons cannot be served in the ordinary way.

Service in Special Cases:

Apart from the above four types of modes of service of summons rules 21 to 30 to deal with another mode of service which deal with service outside the Jurisdiction of the courts etc.

In conclusion, it can be said that Summons has play an important role in that code of Civil Procedure, 1908.

EXPLAIN RES-JUDICATE AND RES-SUBJUDICE AND ALSO EXPLAIN DIFFERENCE BETWEEN RES-JUDICATE AND RES-SUBJUDICE ?

  

What is Res-Judicata?

Res-judicata:==========================

The doctrine of Res-judicata is enunciated in section (11) of C.P.C is in the following words:

According to section (11), "No Court shall try any suit or issue in which the matter' directly and substantially has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court."

Res-judicata Meaning:

===============================

Res-judicata technically means that a matter in issue which has already been tried by competent Court, then trial between the same parties in-respect of the same matter shall not be allowed. Res-judicata is very important doctrine of C.P.C, it emphasis that a subject matter of the suit which has already been decided, is deemed to be decided forever, and can't be reopened by the same parties. The rule of Res-judicata is based upon the principle that no person should be vexed twice for the same cause of action, and the interest of the State behind this principle is that, there should be an end to litigation.

Object of Res-judicata

================================

The object of Res-judicata is to prevent a question which has already been decided to be re-agitated. A question finally decided at one stage of a proceeding cannot be re-agitated between the same parties or their representatives at a subsequent stage.

Kinds of Res-judicata:

==================================

There are two kinds of Res-judicata namely; Actual Res-judicata and Constructive Res-judicata.

Actual Res-judicata:

=================================

It means a matter actually resolved by Court, between the parties in earlier suit cannot be reopened through subsequent suit. In-other words an issue has been alleged by one party and either denied or admitted, (expressly or impliedly) by other party in earlier suit, second suit in respect of the same matter can not be filed, and if any is filed, the same would be hit by actual Res-judicata.

Constructive Res-judicata:

==================================

It means a matter which might and ought to have been made ground of claim or defense in a former suit, but a party ignores it, then that issue shall be deemed to have been a matter directly and substantially in issue in such suit. In other words if a party had an opportunity that he ought to have taken a plea (as a plaintiff or defendant) if he fails to do so, and the matter is decided, the decision will operate as Res-judicata in-respect of all issues, which were taken, and which ought and might have taken/ and second suit would not lie for such issue.

Essential conditions of res-judicata:

=====================================

For applicability of Res-judicata the following conditions must be present:

1. A previous suit in which the matter in issue directly and substantially should have been decided.

2. A competent Court of Civil jurisdiction should have decided it.

3. It should have been decided on merits and final decision should have been made after hearing.

4. It should contain directly and substantially same matter in issue.

5. It should have been contested between the same parties or their legal representatives, such parties are indulging litigation under the same title, with respect to the same cause of action. If these conditions are fulfilled then subsequently/further instituted suit shall be liable to be dismissed by application of doctrine of Res-judicata.

What is Res-Subjudice?

Res-subjudice:

==========================

The doctrine of Res-subjudice is contained in section (10) of C.P.C in the following words: According to section (10), No 

Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a 

previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating 

under the same title where such suit is pending in the same or any other Court in Pakistan having jurisdiction to grant 

the relief claimed, or in any Court beyond the limits of Pakistan established or continued by the Central Government and 

having like jurisdiction, or before the Supreme Court.

Res-subjudice Meaning:

=========================

Res-subjudice technically means that a matter in issue, which is already under the judicial scrutiny, then other 

proceeding of trial in-respect of same matter in issue shall not be allowed.

Object of Res-subjudice:

==========================

The object of Res-subjudice is to prevent Courts of concurrent jurisdiction from trying two parallel suits, in respect of 

the same matter simultaneously.

Essential Conditions of Res-subjudice:

=================================

For applicability of Res-subjudice the following conditions must be present:

1. The matter in issue subsequent suit must be the same, which is directly and substantially in issue in previously 

instituted suit.

2. The previously instituted suit must be pending in the same Court or in any other Court in Pakistan, or in any Court 

beyond Pakistan established with the authority of the Federal Government.

3. The previously instituted suit must be pending in a competent Court of civil jurisdiction.

4. The parties in both suits must be the same. If these conditions are fulfilled the subsequently further instituted suit 

shall be stayed by applying Res-subjudice.

DIFFERENCE BETWEEN  RES-JUDICATE AND RES-SUBJUDICE ?

Differences:

1. The doctrine of Res-judicata is contained in section (11) of C.P.C, which provides when and how it can apply, while 

the doctrine of Res-subjudice is contained in section (10) of C.P.C, which provides when and how it can apply.

2. In Res-judicata the Court shall not try at all a case, which has previously tried, while in Res-subjudice the Court shall 

not proceed with a case, in-respect of which a suit is already pending.

3. Res-judicata deals with cases, which have already been decided by a Court of competent jurisdiction, but Res-

subjudice deals with cases which are pending before the Court of competent jurisdiction.

4. Res-judicata prohibits second trial of the same dispute between same parties, while Res-subjudice prohibits 

proceedings of two parallel suits between same parties.

Conclusion:

====================

So it can be concluded that by applicability of Res- judicata the Court shall not try a suit, which has already been tried, on the other side by applicability of Res-subjudice the Court shall not proceed-with a suit which is already pending 

before the Court of competent jurisdiction. The main spirit behind these two principles isthat no person should be call in question twice for the same cause of action.

SAMPLE OF SUIT FOR RECOVERY OF MAINTENANCE

IN THE COURT OF SENIOR CIVIL JUDGE / FAMILY JUDGE LAHORE

Family Suit No.______________ /2015

Name of Plaintiff     

…..PLAINTIFFS

VERSUS

Name of Defendant

…..DEFENDANT

SUIT FOR RECOVERY OF MAINTENANCE

Respectfully Sheweth

1.     That the plaintiff No.1 was marriage with defendant on 11-09-2011, in   accordance to Muslim family laws of Pakistan, against the dower amount of 100,000/- which is still unpaid. The copy of Nikahnama was attached herewith and annexed as “A”.
2.     That after  solemnization of marriage  one issue namely  ……. was born on 23-06-2012,  during the tenor of marriage the relationship between the plaintiff and defendant got worse, as on the third day of the marriage the defendant started abusing the plaintiff and beat the plaintiff as well, as the defendant was in toxic condition and asked about the paper for divorce, and after two days of this incident the plaintiff went to the house of her mother, and the plaintiff returned back to the house of the defendant on 20-09-11. But during the tenor of marriage on many occasions insulted the plaintiff on bitty matters, but in the year2012, the disputes got so worse the defendant in anger cut the nerve of his hand, the relative of the defendant took him to the Hospital for treatment, afterwards the plaintiff and the defendant went to house of the mother of the plaintiff for taking rest in the house, but after two days time the defendant again made a fight with the plaintiff and her family members, and went back to his house and since then he never have contacted the plaintiff, nor paid any money towards the maintenance of her and the minor child, and since then the plaintiff is raising the minor by earning the bread and butter for her. The copy of the birth certificate was attached and annexed “B”.
3.    That since 2012, the defendant never contacted the plaintiff nor paid any money towards the maintenance of her and the minor child, and since then the plaintiff is raising the minors by earning the bread and butter for her.
4.     That the defendant is working in private factory and his earning is Rs. 20,000/= every month, the plaintiffs claim maintenance for Plaintiff No.1 @ Rs. 4000/= from 11-09-2011 and maintenance for Plaintiff No.2 @ Rs. 4000/= since her birth.
5.     That the cause of action for the instant suit accrued firstly on 11-09-2011, when the plaintiff married to the defendant, secondly, when the defendant left the house of the plaintiff mother in the year 2012. And the cause of action is still continuing as the defendant did contact the plaintiff for any consolidation.
6.     That the plaintiffs are residing within local limits of Police Station …….. that fall within the territorial jurisdiction of this Hon’ble Court.
7.      That the proper court fee has been affixed as per law.

PRAYER

It is therefore, very humbly and respectfully prayed that this Hon’ble Court may kindly be please to pass judgment and decree in favor of the plaintiff and against the defendant as under:-

•     To direct the defendant to pay past maintenance to the plaintiffs at the rate of Rs.4,000/= per month from 11-09-2011, up till now and in future upto iddat period.
•     to direct the defendant to pay past maintenance to the plaintiffs at the rate of Rs.4,000/= per month since her birth on increment of 10% in future till her marriage.
•     Cost of the suit.

            Any other relief which this Hon’ble Court may deem fit and proper.

                                                PALINTIFF

              Through

Advocate

Dated:____/01/2015