Oral agreement

Oral Agreement

Section 10 Oral agreement of contract Act 1872, scope. oral contract is valid and enforceable but is requires strong and satisfactory evidence vis-à-vis its formations and contents— where a party seeks to enforce oral agreement, heavy burden lies on him to prove that the contact is concluded and term of oral contact where meant to be given effect to — where a contact is said to be made orally, ascertainment of its terms raises in first place pure question of fact what parties say—conditions of essential validity are (i) competent parties (ii) existence of consent of parties (iii) consent being free (iv) existence of consideration (v) consideration and object being lawful and (vi) agreement not being expressly declared to be void—No rigid or tenacious stipulation is imparted or divulged under section 10 of contact Act 1872 which may rationally exclude existence of oral contract from being enforced although in case of seeking enforcement of a specific performance or oral contact more satisfactory evidence is required to be led—agreement in writing is not necessary nor mandatorily required under provision of contact act 1872

2017 YLR 1579

Exit from Pakistan (control) Rules 2010

Exit from Pakistan (control) Rules 2010

Rule 2 — Exit form Pakistan (control) Ordinance XLVI of 1981.. section 2 placing name of person on the Exit control list…. Ground – pendency of a criminal case.. Name of the respondent bad been placed on exist control list as she was nominated in a case of murder of accustoms officer in connection with smuggling of foreign currency— legality… notification/memorandum. whereby name of respondent was placed on the Exist control list, was issued purportedly for a reason which did not conform to the criteria as laid down in the exist from Pakistan Control Rules 2010 and the exist control policy. Liberty of a citizen could not be curtailed by mere registration of a criminal case – Registration of an FIR had no nexus with and was extraneous to the object of the exits from Pakistan control ordinance 1981. Furthermore, while issuing the impugned notification/memorandum the Ministry of Interior had also overlooked an order of High Court whereby the said Ministry was restricted from placing the respondent’s name on the Exist control List has therefore rightly struck off the impugned notification/memorandum – Petition for leave to appeal was dismissed accordingly .

2017 SCMR 1179

Execution of Decree Passed in UAE

EXECUTION OF DECREE PASSED IN UAE

Section 13 and 44-A CPC, Govt of Pakistan Law, Justice and Human Rights Division. Notification NO. SRO 208(I)/2007 dated 6-3-2007 Execution of decree passed by court in United Arab Emirates—Hierarchy of courts in UAE for purpose of section 44-A, CPC—scope—- UAE has been declared as a reciprocating state in context of section 44-A, CPC—Federal court of appeal in the UAE was a superior court for the purpose of section 44-A CPC— Decree in the present case, had been passed by the court of first instance in UAE which could neither be construed as court of appeal nor a superior court in terms of section 44-A CPC— Said decree thus could not be executed without having recourse to the process of section 13 CPC—Appeal was allowed accordingly with the observations that respondent was t liberty to institute a suit in terms of section 13 cpc

PLD 2017 SC 95

CCTV Video Evidentiary Value

Article 164 of Qanoon Shahadat.. Close Circuit Television (CCTV) footage evidientary value.. mere producing of CCTV footage as a piece of ebidence in court is not sufficient to reply upon the same unless it is provided to be geniune– in order to prove the genuineness such footage it is incumbent upon the defence or prosecutation to examine the person who prepared such footage from the CCTC syetem.

2016 SCMR 2084