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LLB Notes Part 3

According to HEC Law Syllabus

Best For Punjab Uni exam, BZU Uni, ISUB Uni, Quaid e azam Uni, CSS Exam, PMS, Judicial
Services Exam & Other all universities exams,

ARBITRATION ACT / Rent act / THE STAMP ACT / THE SUITS

VALUATION ACT / Court Fee Act

Lecturer: Mobushar Iqbal Chohan

Advocate High Court

LL.B, LL.M, MSC, DIPL Communication Skill.

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“I am very thankful to my almighty ALLAH for giving me such a courage, success and honor. I
am also very thankful to all the students who appreciated my work and received them
warmly. In these notes the law has been elaborated with the help of landmark judgments
which is delivered by the Hon’ble Courts and has been written for the examination point of
view and i hope that these notes will also be received warmly by the students and may led
to the success in the examination as well as in their profession.

The below-given notes prepared for the students of the LLB. The subject is very technical,
and i have taken every step to ensure that these notes may fulfill the need of the students,
but there may be some shortcomings or flaws in it, so every suggestion for the
improvement of these notes will be warmly welcome.”

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Your Well Wisher

Lecturer: Mobushar Iqbal

ADVOCATE HIGH COURT

LLB. LLM. Msc. Dipl communication skills

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ARBITRATION ACT
Q. 1:. arbitration law

1. Preface
☻In general definitions are not intended to establish a rule of law but merely to define
exactly the meaning of words, so that the terms in which the rules of law are stated in the
other sections of the Act, may be definite

☻The object of interpretation clause is to avoid the necessity of frequent repetitions in

describing all the subject-matter to which the Act is intended to apply.

☻The interpretation clause, in fact, declares what the meanings is to be, or what may be
included in it, when the circumstances require that it should bear that meaning, or have that
ambit

2 Relay Provision of law

3. Meaning of Arbitration

“A process of dispute resolution in which a neutral third party (arbitrator) renders a decision
after a hearing at which both the parties have an opportunity to be heard.”

BLACK’S LAW DICTIONARY

4. Definition of Arbitration Agreement

“Arbitration agreement means a written agreement to submit present or future differences

to arbitration, whether an arbitrator is named therein or not.”

SECTION 2(a)
“ An arrangement for taking and abiding by the judgement of selected persons in some
disputed matter, instead of carrying it to established Tribunals of justice, and is intended to
avoid the formalities, the delay, the expense and vexation of ordinary litigation.”

BLACK’S LAW DICTIONARY

“An arbitration agreement means written agreement to submit present or future differences
to arbitration. Naming of arbitrators in no requirement, no such written agreement be
necessarily signed by the parties so long as its terms and conditions are readily ascertained
and freely agreed to between the parties.”

SHAMIM AKHTAR VS. NAJMA BAQAI

1977 SCMR 409

5- Analysis of section 2(a)

i) “written agreement”

ii) “to submit”

iii) “present or future differences”

“to constitute an agreement a reference to arbitration, there must be some difference or

dispute either existing or prospective, between the parties, that is an assertion of a right by
one party and repudiation thereof by another. But the subject-matter of a reference must
not a dispute arising from or founded on an illegal transaction.

HAJI HABIB VS. BHIKAMCHAND

AIR 1954 SC 123

iv) “whether an arbitrator is named therein or not”

6- Essential elements of Arbitration Agreement

a. Agreement

b. Parties must be ad idem

c. Capacity to enter into an agreement

d. The agreement must be in writing

e. There should be an intention to refer the dispute to arbitration

f. Intention to be bound by the decision of arbitrator

g. The agreement must be in respect of present or future disputes

h. The terms of agreement should be express

i. Effect of vagueness or ambiguity in arbitration agreement

ii. Effect of mistake

i. Signature of parties not required

j. Nomination of arbitrator not required

k. The arbitrator must be a person recognized by law

l. The agreement should bind all the parties to it.

7- Arbitration clause in contracts------their scope and nature

►A contract within a contract or a separate contract

8- Arbitrator not described by name but by his office

“where an arbitration clause refers to arbitrator not by his name but by his office, reference
can be made to the successor-in-office at the time of reference.”

BACHNA RAM VS. STATE OF PUNJAB

AIR 1962 SC 337

 9- Modification, rescission or revocation or arbitration
agreement

►will provisions of Contract Act apply?

10- Effect of arbitration agreement

►what would be the status of a suit?

11- Enforcement of arbitration agreement

12- Registration of Arbitration agreement

13- Preface
Q. 2
APPOINTMENT OF ARBITRATORS AND UMPIRE

1. Preface

2. Relay provisions

Sections 4, 8, 9, 10 & 11

3. Definition of Arbitrator

“A neutral person, either chosen by the parties to a dispute or appointed by a court, to

hear the parties’ claim and render a decision.”

BLACK’S LAW DICTIONARY

4. Definition of umpire

“One clothed with authority to act alone in rendering a decision where arbitrators have
disagreed.”

BLACK’S LAW DICTIONARY

5. Meaning of appointment
“the designation of a person, by the person or persons having authority therefore, to
discharge the duties of some office or trust.”

BLACK’S LAW DICTIONARY

6. Appointment of arbitrators

a. Appointment by parties

i. Appointment of sole arbitrator

1. with consent

2. in case other party fails to nominate arbitrator u/s 9(b)

►Conditions for appointment u/s 9(b)

a. when arbitration agreement provides for 2 arbitrators

one appointed by each party

b. one party does not appoint or substitute the

arbitrator as the case may be

c. the second party has appointed his arbitrator before

giving notice to the 1st party.

d. 1st party does not appoint arbitrator within 15 days.

►Intervention by court u/s 9

ii. Appointment of three or more arbitrators u/s 10

a. Appointment by third party u/s 4

b. Appointment by court

i. When parties do not concur on the appointment u/s 8(a)

 ii. In case of vacancy when the parties do not supply vacancy u/s 8(b)

►Procedure for appointment of arbitrator by court u/s 8

a. notice by any party

b. application to the court by the party who gave notice

time period -15 days

c. opportunity of being heard to other party

d. appointment by court

►Discretion of court

d. Appointment of umpire

i. By the arbitrators

When there are even numbers of arbitrators

ii. Appointment by the court

I. When the parties are required to appoint but they do not appoint
u/s 8(1)(c)

II. When the arbitrators are required to appoint but they do not
appoint u/s 8(1)(c)

iii. procedure for appointment

iv. - Substitution of arbitrator/arbitrators or umpire

v. - Removal of arbitrator/arbitrators or umpire

 A. general rule u/s 5

B. power of court to remove arbitrators or umpire in certain cases u/s 11

7. Preclude
 Q.3
Finality of decision by Arbitration
1. Preface:-
The position of an arbitrator is a judge, who has performed the function of a judge.
Arbitrator is fully competent to decide any matter referred to him by the parties.
2. Interpretation of term Arbitrator:-
By Black’s Law Dictionary
3. Relay Provision:-
Sec 14 of the arbitration act 1940
4. Cross references:-
 Section 13 of the arbitration act 1940
 Section 158 of the limitation act 1908
5. Power of arbitrator:-
 To administer oath the parties and witnesses appearing.
 To state special case for the opinion of the court.
 To make condition award.
6. Nature of power:-
These powers are discretionary in nature which he can use before making a final
decision but he is not bound to do so.
7. Final award of arbitrator:-
Arbitrator takes some steps u/s14 of the arbitration act to make a final and
authorized award.
8. Steps to be followed:-
a Sign the award:-
AIR 1951 NAG.198
For making of an award the arbitrators make up their minds and express their
decisions in writing and must be authenticated by their signatures.
b Notice to parties:-
The notice must contain
 That notice is about the making of award.
 It narrates the fees and charges payable in respect of arbitration.
 Is narrates the fees and charges payable in respect of arbitration.
i.Object of notice:-
To inform the parties that the award has been made.
ii.Effect of non-service:-
 It will be only irregularity.
 Award does not become invalid.
c Filling of award in court:-
iii.Conditions for filling
 When requested by any party ti the arbitration agreement.
 At the request of any party claiming.
  At the direction of the courts.
 When payment of the fees and charges being made.
d Notice from the court:-
To enable the parties to file applications.
iv.Modification in award:-u/s 15
 Grounds:-
 When imperfect in form.
 Clerical mistake.
 Substantial error.
v.Remission of award:- u/s 16
 Fixation of time:-
 On the remission of award the court shall fix time within which the arbitrator
shall submit his decision to the court.
9. Finality of award:-
1999 CLC 268

One award filed

Jurisdiction

Court in accordance
with law

Passed decree
Petition can be filed

To set aside award

Challenging its legality

Within 30 days

u/a 158 of limitation Act 1908

10.Exceptions:- u/s 17
 Award without notice
 Time to set aside award not expired.
 Unless application refused.
 Arbitrator misconduct.
Award has been made after the issue superseding the arbitration.
11. Preclude:-
Q. 4: POWER OF COURT TO REMIT AWARD

1. Preface

2. Relay provisions

3. ‘Remit’- Meaning

4. Scope of Section 16

5. Necessity of remitting an award u/s 16

6. Analysis of section 16

i) “The court may”

ii) “From time to time”

iii) “To remit the award”

iv) “Any matter referred to arbitration”

 v) “To the arbitrator or umpire”

vi) “For reconsideration”

vii) “Upon such terms as it thinks fit”.

8. Grounds for remitting an Award u/s 16(1)

viii) Award leaves undetermined any of the matters referred

 Duty of arbitrator to determine the whole dispute.

ix) Determines any matter not referred to arbitration u/s 16

(1) (a)

 Duty of arbitrator to determine the whole dispute.

Such matter can’t be separated.

x) Award indefinite & incapable of execution u/s 16 (1) (b)

xi) Objection to the legality of the award. U/s 16 (1)(c)

a) Illegality apparent on the face of award.

b) Absence of objection by parties.

xii) The award does not contain reasons u/s 26-A

Afroz Jehan vs Noor Jehan 1988 CLC 1318

“It is mandatory on the arbitrator that he must state reasons for his decision in
sufficient detail.”

xiii) Other grounds.

a) That the award contains any obvious

mistake, which make it invalid.

b) The award carries injustice to the parties.

 c) That the award is ambiguous, uncertain and
inconsistent with the terms of contract of
arbitration.

9. “The Court shall fix time” u/s 16(2)

10. Proviso

11. “The Award shall become void” u/s 16(3)

12. Limitation

13. Appeal

14. Revision

15. Preclude
Q. 5: POWER OF COURT TO MODIFY AWARD

1. Preface

2. Relay provisions

3. Definition of Award

4. Case law Definition

5. Essentials of a valid Award

6. Power of Arbitrators to correct award u/s 13(d)

7. Power of Court to modify award u/s 15

a) General rule

b) Section 15 of Arbitration Act

c) Principle

d) Scope of Section 15

e) Grounds on which court can modify or correct an award.

i) Where part of award is upon a matter not referred to arbitration u/s

15(a)

a) Illustration
 b) Pre-requisites

1) Such part can be separated from the other part.

2) Such part doesn’t affect the decision on the matter

referred.

ii) Where the award is imperfect in form u/s 15(b)

 Pre-requisites

a) Without affecting the decision

b) Imperfection must exist at the stage of filing of award.

iii) The Award contains any obvious error u/s 15(b)

 Pre-requisites

a) With out affecting the merits of the award

b) The error must exist at the time of filing of the award.

iv) Where the award contains clerical mistake u/s 15(c)

v) Where the award contains an error from an accidental slip or

omission u/s 15(c)

8. Modification of Award by compromise

Munshi Ravn Vs. Banwari Lal AIR 1962 Sc 903

2- “The act doesn’t disable the parties from terminating their dispute in different
way, and if they do so, it could not be intended by law that a dispute, which has
been successfully terminate, should again become the subject of litigation”.

9. Preclude
 Q. 6: Various methods of Arbitration

1. Preface:-
3- Arbitration is settlement of a dispute by the decision not of a
regular and ordinary court of law but of one or more persons who are
called arbitrators, whose decision the parties agree to accept to the
decision or not.
2. Relay Provision:-
4- Section 20 to25 of The Arbitration act 1940
3. Cross References:-
 Schedule II of The Limitation Act 1908.
 2(a) of the arbitration act 1940.
4. Interpretation of term arbitration:-
5- Black’s law dictionary.
5. Method for Arbitration:-
6-
7-
With intervention with intervention of
Of court court
8-

When suit is When suit is

not pending pending
6. With the intervention of court:-
9- The matter can be referred to tke arbitration in the following two
situations.
i. When suit is not pending:-
a. Arbitration agreement:- u/s 2 (a)
b. Procedure:-
 Application to the court
 Jurisdiction must exist.
 In written form.
 Numbering of Application.
 Registration of Application
  Status of parties.
 Notice of all parties.
 Show cause notice.
 Order to file agreement.
 Order of reference.
c. Appointment of Arbitrator:-
10-

Appointed by Appointed by
Appointed by
Parties in agreement parties otherwise court
Than already in
Agreement
d. Time limit
11- Within 4 months Schedule I.
ii. When suit is pending:-
a. Essentials:-
 Filling of application.
 Application must be written.
 Consent of all parties.
b. Condition:-
12- In case of different of opinion.
c. Time to file:-
13- Any time before pronouncement of judgment.
d. Competent court:-
14-
15-
16-
Trial court in the court
Where suit of appeal
Pending
7. Without intervention of court:-
i. Condition
a. Only parties can refer.
b. Arbitration agreement.
 c. Consent of both parties.
ii. Appointment u/s 4 of the arbitration act 1908.
8. Preclude:-
Rent act
Q. 1: APPEAL

1- Preface

“Property and law are born and must die together. Before the law there was no property;
take away the laws, all property ceases.”

Rent restriction laws are very vital enactments in the field of proprietary rights. They on
the one hand protects the rights of tenant against unlawful eviction, increase in rent,
interference with amenities and on the other safeguards the rights and interests of landlord
as well.

Rent Restriction Ordinance provides a remedy of appeal to party aggrieved of the decision
of Rent Controller and provides procedure thereof.

2- Relay Provisions

Section 15 of Urban Rent Restriction Ordinance

3- Meaning of Appeal

“An appeal means the removal of a cause from an inferior to a superior authority for the
purpose of testing the soundness of decision of inferior authority.”

4- When Appeal can be Filed U/S 15(1)

5- Limitations U/S 15(1)

 a. Against order u/s 13(6)

b. Against interlocatory order

6- Forum of Appeal

7- Who can File an Appeal

8- “After Final Adjudication”

9- Limitation Period

►30 days

10-Procedure For Appeal

a. Provisions of CPC shall not Apply

“The provisions of CPC shall not govern the proceedings before District Judge on appeal
but the proceedings shall be governed according to procedure laid down in section 15.”

PLD 1975 LAH 699

b. Not summary proceedings

“An appeal u/s 15(3) cannot be dismissed summarily. Calling for record and hearing of
parties before its disposal is mandatory u/s 15(3).”

MUHAMMED SHAFI VS. ZOHRA KHATOON

1983 CLC 1234

11- District Judge May Hear Himself

12- District Judge may Refer it to Additional District Judge

13- District Judge may Recall an Appeal U/S 15(3)

14- Stay Order U/S 15(4)

15- Powers of Appellate Authority U/S 15(5)

a. Power to dispose of only those appeals which have been preferred u/s
15(1)

b. Power to direct tenant to deposit rent

c. Power in case of non-compliance of orders

i. Power to dismiss appeal

ii. Power to struck off defense

16- No Second Appeal in Case of Residential Building

 17- Second Appeal to High Court in Case of Non-Residential Building U/S 15(6)

►Amendment Act 1991

18- Limitation Period for Second Appeal U/S 15(6)

19- Sending for the Record of the Case U/S 15(7)

20- Opportunity of Being Heard U/S 15(7)

21- Inquiry U/S 15 (7)

22- Section 100 Of CPC and Part VI Of 1st Schedule

23- Finality of Orders U/S 15(8)

24- Revision

25- Review

26- Transfer of Cases U/S 15-A

27- Analysis
Q. 2: DETERMINATION OF FAIR RENT

1- Preface

“Property and law are born and must die together. Before the law there was no property;
take away the laws, all property ceases.”

Rent restriction laws are very vital enactments in the field of proprietary rights.

They on the one hand protects the rights of tenant against unlawful eviction, on the other
safeguards the interests of landlord i.e. regular payment of rent and also determines fair
rent in case of dispute.

2- Relay Provisions

Section 4 and 5 of Urban Rent Restriction Ordinance

3- Definition of Rent

4- Meaning of Fair Rent

5- Analysis of Section 4

a. Power of Rent Controller U/S 4(1)

b. On Application of Tenant or Landlord U/S 4(1)

i. Locus standi
 ii. Application by third party

c. Of a Residential Building or Rented Land

“Other than non-residential building”

i. Definition Of Residential Building U/S 2(g)

“Residential building means any building which is not a non-residential building.”

ii. Definition Of Non-Residential Building U/S 2(d)

“Non-residential building means a building used solely for the purposes of business or
trade.”

d. After Holding Inquiry U/S 4(1)

i. Procedure for inquiry

“No procedure for inquiry has been prescribed in the ordinance. Section 4(1) states
“….after holding inquiry as the controller thinks fit.” So it’s left to the controller to adopt
any procedure.”

1991 CLC 859

ii. Nature of Inquiry

 iii. The Controller must not act Arbitrarily

iv. Local inspections

e. Factors to be Considered While Determining Fair Rent U/S 4(2)

i. The Rent of Similar Buildings or Similar Accommodation u/s 4(2)(a)

ii. Similar Circumstances in the Locality

iii. Period of Which Rent Should be Considered u/s 4(2)(a)

iv. Rise in the Costs of Construction u/s 4(2)(b)

“The rent controller should also take into consideration while determining the fair rent of
a residential building, the rise in the costs of construction of building.”

PLD 1959 KAR 582

v. Rise in the Costs of Repairing u/s 4(2)(b)

vi. Imposition of Taxes u/s 4(2)(b)

After commencement of tenancy

vii. Rental Value with Respect to Property Tax u/s 4(2)(c)

“This is, however, not a strong factor. This is particularly so in view of the fact that in
many cases the property tax assessment is very much different from the actual rental
value of the premises.”

PLD 1962 KAR 817

viii. Other Grounds

1. Long stay in the building

2. Location of the building

3. Increase in value of building

f. Fixation of Date for Payment of Rent U/S 4(3)

g. Maximum Increase in Rent U/S 4(4)

6- Agreement Regarding Fair Rent

“The rent controller has the power to determine fair rent under section 4 of the ordinance
even if there is an agreement between the parties as to amount of rent.”

PLD 1971 LAH 210

7- Benefit of Fixation of Fair Rent

►Only for the parties to the application and not for the subsequent tenant or landlord.

8- Scope

“Under this section the landlord can increase the rent of his property so long as it does not
exceed the fair rent.”

PLD 1972 QUETTA 39

9- Effects Of Non-Fixation Of Fair Rent

10- Further increase in fair rent u/s 5

11- Limitation For Application

12- Appeal

13- Preclude
Q. 3: PROCEDURE FOR EJECTMENT OF TENANT

1- Preface

“Property and law are born and must die together. Before the law there was no property;
take away the laws, all property ceases.”

Rent restriction laws are very vital enactments in the field of proprietary rights. They where
on the one hand protects the rights of tenant on the other safeguards the rights and
interests of landlord and provides grounds on which a landlord can seek ejectment of a
tenant. It also provides procedure for ejectment of a tenant on the said grounds.

2- Exception To The Maxim “Once a Tenant Always a Tenant”

3- Main Object of the Rent Restriction Ordinance

a. Preamble of the ordinance

b. Section 13 provides exception to this maxim

4- Grounds for Ejectment of a Tenant U/S 13

5- Procedure for Ejectment of Tenant U/S 13

a. Forum

b. Jurisdiction of civil court

c. Application of provisions of CPC

“The provisions of Civil Procedure Code are not applicable in terms of proceedings before
rent controller. However the provisions of the said code could be adopted by the controller
for the sake of justice, unless prohibited.”

PLD 1992 LAH 423

d. No Express Procedure

i. Satisfaction of the controller

ii. Mutual agreement by the parties

e. Application by the Landlord

i. Must be signed

ii. Must state the grounds

f. Discretion of the Controller

g. Service of Notice

h. Reasonable Opportunity to the Tenant

i. Framing of Issues
 j. Hearing both Parties

“Each party should be afforded a proper opportunity of putting forth its case before orders
are passed in an ejectment petition.”

PLD 1985 SC 148

k. Production of Evidence

l. Recoding of Evidence

m. Examination of Witnesses

n. Inquiry

o. Order u/s 13(6)

i. To deposit the rent due from him

ii. And also to deposit rent regularly till final decision of the petition

►In case of dispute regarding rent

p. Successive Applications and Principle of Res Judicata

q. Decision by the Rent Controller

 i. If he is satisfied

1. Order to tenant to put the landlord in possession

2. Time period

3. Extension in time period

4. Maximum time period

ii. If he is not satisfied

iii. Order in case of frivolous or vexatious application u/s 13(7)

6- Preclude
Q. 4: INTERFERENCE WITH AMENITIES

1- Preface

“Property and law are born and must die together. Before the law there was no property;
take away the laws, all property ceases.”

Rent restriction laws are very vital enactments in the field of proprietary rights. They on the
one hand protects the rights of tenant against unlawful eviction, increase in rent,
interference with amenities and on the other safeguards the rights and interests of landlord
as well.

2- Relay Provisions

Section 10 of Urban Rent Restriction Ordinance

3- Amenities----Tenant’s Right of Peaceful Enjoyment

4- Section 10---Statutory Protection of the Right

5- Meaning of Amenities

“Such circumstances as which enhance the pleasantness or desirability or the property for
purposes of residence, or contribute to the pleasure and enjoyment of the occupants,
rather than to their indispensable needs.”

BLACK’S LAW DICTIONARY

6- Examples of Amenities
 a. Supply of tap water

b. Electric connection

c. Electric installations

d. Bath room

e. Other easements annexed to building or rented land.

7- Analysis of Section 10

a. “landlord cannot wilfuly disturb”

b. “cannot remove”

c. “cannot destroy”

d. “cannot render unserviceable”

e. “cannot discontinue”

f. “caused to be discontinued”

i. Disconnection of electricity

ii. Disconnection of water supply

g. “any convenience or easement”

h. “Provided for permanent use”

 i. “supply or service comprised in fair rent”

8- Interference By Person Other Than Landlord

10- Exceptions u/s 10(1)

a. With previous consent of controller

b. For the purpose of effecting repairs

c. Complying with requisition

d. Any other just and sufficient ground

11- Remedy to Tenant in Case Of Interference U/S 10(2)

a. Application to controller

b. Pre-requisites

i. That the tenant was in occupation of the building or rented land

ii. And that the landlord has contravened the provisions of section 10

13-Procedure After Application by Tenant U/S 10(3)

c. Inquiry by the controller

d. Findings
 e. Order directing landlord to restore such amenities

14-Application of Provisions Of CPC

15- Object of Section 10

16- Preclude

►The main aim and object of the provisions of the ordinance is to regulate the
relationship of landlord and tenant

►Protection to tenant’s right of peaceful enjoyment

THE STAMP ACT, 1899

Q. 1: INSTRUMENTS CHARGEABLE WITH DUTY

1. Preface
Fiscal Law

Administration of Justice and Role of Fiscal Statutes

2.Relay Provisions

3. Primary Object of the Stamp Act

“The Stamp Act being a Fiscal Statute its Primary Object is to raise revenue for the State
on certain classes of Instruments.”

HINDUSTAN TIMES LTD. VS. DILIP CONSTRUCTION CO.

AIR 1969 SC 128

4. Section 3 --- A Charging Provision

“Section 3 of the Stamp Act is charging section, which imposes an obligation to stamp the
instruments specified therein. It follows that instruments which do not come within the
scope of this section, are not liable to duty.”
MEMBER BOARD OF REVENUE VS. ARTHUR PAUL BENTHALL

AIR 1956 SC 35

5. Section 3 & Schedule 1 of The Stamp Act

6. “Instruments shall be Chargeable”

“The Stamp duty is on the instruments as it stands and not on the transaction. Where
there is no instrument but only a verbal transfer, the transfer does not require stamp
duty.”

AIR 1945 Mad. 138

7. Classes of Instruments Chargeable with Duty

 Instruments executed in Pakistan & Mentioned in Schedule 1 u/s 3(a)

Enumerated in schedule 1

 “not previously executed by any person”

 “executed in Pakistan”

 “on or after the first day of 1899”

  Bill of Exchange Payable Otherwise than on Demand or Promissory Note

 Foreign Instruments negotiated in Pakistan

 Instruments Relating to any Property, Situate and Received in Pakistan

 “Otherwise than Bill of Exchange or Promisory Note”

Foreign Instruments

Relates to any Property in Pakistan and Received in Pakistan

 Instruments Relating to any Matter Or Thing Done, or to be Done, in

Pakistan

Illustrations

 Power of Attorney  Arbitration Agreement

 Receipts  Award

8. Manner of Stamping of the Different Classes of Documents

Section 17, 18 & 19

9. Exceptions

 Proviso 1 --- All Instruments executed by, or on Behalf of, or

in Favor of the Government where the duty is Payable by
Government.

 Proviso 2 --- Instruments Relating to Sale, Transfer or Other

Disposition of any Ship or Vessel Duly Registered.

 Other Exceptions

i. Exemptions provided under each Entry in the Schedule

ii. The Benefit of Lower Duty in Favor of Local Authorities u/s 8

iii. Exemptions an Remission made by the Govt. u/s 9

iv. Instrument u/s 51 of Land Acquisition Act

v. Instruments among members under Co-operative Societies Act, 1912

10- Principles Governing the Application of the Stamp Act to

Instruments

1- The duty is payable on instruments, and not on transaction.

2- The court is not guided by the apparent tenor of the instrument; it

is the real nature of the transaction, which will determine the
Stamp Duty.

3- The court must look at the document itself as it stands and it is not
permissible to show, by evidence, any collateral circumstances.

4- In determining stamp duty, the substance of the transaction, as

disclosed by whole of the instrument, has to be looked into, and
not merely the operative part of the instrument.
11. Instruments not Duly Stamped

“If an instrument is not properly stamped it cannot be acted upon, and is no legal effect.”

PLD 1971 Lah. 522

12. Preclude
Q. 2: SECTION 4, 5 & 6

1. Preface

Fiscal Law

Administration of Justice and Role of Fiscal Statutes

2. Primary Object of the Stamp Act

“The Stamp Act being a Fiscal Statute its Primary Object is to raise revenue for the State
on certain classes of Instruments.”

HINDUSTAN TIMES LTD. VS. DILIP CONSTRUCTION CO.

AIR 1969 SC 128

3. Duty Payable on Instruments, not on Transaction

“Section 3 of the Stamp Act is charging section, which imposes an obligation to stamp the
instruments specified therein. It follows that instruments which do not come within the
scope of this section, are not liable to duty.”

MEMBER BOARD OF REVENUE VS. ARTHUR PAUL BENTHALL

AIR 1956 SC 35
4. Determination of Stamp Duty

5. Several Instruments used in Single Transaction of Sale, Mortgage or

Settlement -- Section 4

 Analysis of Section 4

i. The Principal Instrument only Shall be Chargeable with Duty

ii. Proviso to Section 4

iii. Duty on other Instruments

iv. Determination of Principal Instrument u/s 4(2)

 Applicability of Section 4

 Illustrations

 This Section and Section 5 & 6

6. Instruments relating to Several Distinct Matters --- Section 5

 Principle Laid Down in Section 5

 Applicability
From the volume of decisions centering round this section it is considered well established
that the section applies if—

1. The instrument comprises more than one transactions,

whether of the same category or not;

2. The instrument deals with distinct matters, namely matters

not connected with one another.

3. There is a distinct consideration for each category under

which the instrument falls

4. The stipulations in the instrument are not ancillary to its

main or leading object.

5. The instrument does not contain matters, which, if

unexpressed, would be implied by law.

 “Distinct Matters” – Meaning

“The expression “Distinct Matters” must be understood in its Popular sense as connotating
something different from distinct categories.”

 Instances of Instruments Dealing with ‘Distinct Matters’

i. Where a single instrument purports to convey several properties to

several persons

ii. Where an agreement in a lease stipulates to pay a certain sum on

account of balance of previous year.

RAMCHANDRA VS. DHONDOO

7 Bom. LR 729
 iii. Where a deed of release purports to relate to five distinct items of
property acquired at different points of time.

SURAJNARIAN CHOWDHURY VS. COLLECTOR OF DARBHANGA 1958 BLJR 674

8. Instruments Coming within Several Description in Schedule 1 ---

Section 6

 Principle Laid Down in Section 6

 Applicability

 Illustrations

i. Lease by a debtor to a creditor, who is to appropriate rent towards

payment of debt; the instrument in such a case is partly a lease and
partly a usufructuary mortgage

ii. Obligator binding himself to deliver sugarcane at a fixed rate and in

default to pay damages and also by way of security mortgaging his
sugarcane crop: the instrument is Partly a Bond and Partly a
Mortgage and Liable to Duty as a Mortgage.

GAJRAJ SINGH’S CASE

AIR 1936 All 81

iii. Instruments of Partition or dissolution of Partnership Chargeable

with the Higher Duty as an Instrument of Partition
JAI NARAYAN VS. YASIN KHAN

ILR 1954 Hyd 562

 Duty on Counterpart or Duplicate of any Instrument

9. Instruments not Duly Stamped

“If an instrument is not properly stamped it cannot be acted upon, and is no legal effect.”

PLD 1971 Lah. 522

10. Preclude
Q. 3: EXAMINATION AND IMPOUNDING OF INSTRUMENTS

1. Preface

Fiscal Law

Administration of Justice and Role of Fiscal Statutes

2. Relay Provisions

3. Primary Object of the Stamp Act

“The Stamp Act being a Fiscal Statute its Primary Object is to raise revenue for the State
on certain classes of Instruments.”

HINDUSTAN TIMES LTD. VS. DILIP CONSTRUCTION CO.

AIR 1969 SC 128

4. “Instruments shall be Chargeable with Duty” – Section 3

“The Stamp duty is on the instruments as it stands and not on the transaction. Where
there is no instrument but only a verbal transfer, the transfer does not require stamp
duty.”
 AIR 1945 Mad. 138

5. Instruments not Duly Stamped

“If an instrument is not properly stamped it cannot be acted upon, and is no legal effect.”

PLD 1971 Lah. 522

6. Duty of Court of Incharge of a Public Office to Examine an

Instrument – Section 33(2)

 “Instrument”

“The expression ‘any instrument’ used in the section does not mean each and every
document in writing but it must mean an ‘instrument’ as defined in Section 2(14) of the
Stamp Act, 1899.”

RAMSHANKAR PATHAK VS. COLLECTOR CENTRAL EXCISE AIR 1971 All 287

 “Produced or Comes in the Performance of his Functions.”

“The word ‘is produced or comes in the performance of his functions’ used in this section,
means the production of the instrument concerned in evidence or for the purpose of
placing reliance upon it by one party or the other.”

CHUNNILAL BURMAN VS. BOARD OF REVENUE U.P 1951 ALJ 546

 Mandatory Provision

 Purpose of Examination

7. Duty of Court to Impound Instruments not Duly Stamped – section

33(1)

 Meaning of Impound

“It means to place a suspected document in the custody of the law, when it is produced at
a trial.”

WHARTON’S LAW LEXICON

 Procedure of Impounding

i. Examination of Instrument

ii. Order of Impounding

 iii. The Instrument is actually taken into Custody

iv. Endorsement of word “IMPOUNDED” on the Instrument

v. Signature by the Presiding Officer

 Procedure Subsequent to Impounding

Sections 38, 39 & 40

7. Criminal Courts’ Power to Examine and Impound Instruments ---

Section 33(2)(a)

8. Delegation of Power of Examining and Impounding by a Judge of

High Court --- Section 33(2)(b)

9. Preclude
Q. 4: INSTRUMENTS NOT DULY STAMPED INADMISSIBLE IN EVIDENCE

1. Preface

Fiscal Law

Administration of Justice and Role of Fiscal Statutes

2. Relay Provisions

3. Primary Object of the Stamp Act

“The Stamp Act being a Fiscal Statute its Primary Object is to raise revenue for the State
on certain classes of Instruments.”

HINDUSTAN TIMES LTD. VS. DILIP CONSTRUCTION CO.

AIR 1969 SC 128

4. “Instruments shall be Chargeable with Duty” – Section 3

“The Stamp duty is on the instruments as it stands and not on the transaction. Where
there is no instrument but only a verbal transfer, the transfer does not require stamp
duty.”
 AIR 1945 Mad. 138

5. Instruments not Duly Stamped

“If an instrument is not properly stamped it cannot be acted upon, and is no legal effect.”

PLD 1971 Lah. 522

6. Instruments not Duly Stamped Shall Not be Admitted in Evidence –

Section 35

“The word ‘admitted in evidence’ means that the document shall not be made the basis of
the decision or relied upon to support any finding.”

SHEO NATH PRASAD VS. SARJOO NONIA

ILR 1945 All 610

7. Effect of Instrument not Duly Stamped (Principle Laid Down in

Section 35)

 Instruments not Duly Stamped Shall not Be Admitted in Evidence”

i. “for any purpose”

“The words ‘for any purpose’ used in this section should be given their natural meaning
and effect and would include a collateral purpose.”

RAM RATTAN VS. PARMANAD

AIR 1946 PC 51

ii. “persons having by law, or consent of the parties, authority to

receive evidence”

 Instruments not Duly Stamped Shall not Be Acted Upon”

 Instruments not Duly Stamped Shall not Be Registered”

 Instruments not Duly Stamped Shall not Be Authenticated”

8. Exceptions

 Admission of Instruments, not duly stamped on Payment of Deficit duty and

Penalty --- Proviso (a)

Cases where Deficit is not Curable

1- Instruments chargeable with a duty not exceeding twenty

five paisa

2- Bill of Exchange

3- Promisory Note
  Reciepts – Proviso (b)

 Contracts or Agreement by Correspondence --- Proviso (c)

 Instruments, Produced in Criminal Proceedings

 Instruments executed by, or on Behalf of the Government, or, bearing

Collector’s Certificate – Proviso (d)

9. Preclude
THE SUITS VALUATION ACT, 1887

Q. 1: DETERMINATION OF VALUE OF CERTAIN SUITS BY HIGH COURTS

1. Preface

2. Relay Provisions

3.Primary Object of the Suits Valuation Act

4.Rule Making Authority --- Section 3

5.Delegation of Authority to High Court u/s 9

6.Analysis of Section 9

7.Importance of Determination of Value

 For Jurisdictional Purpose

 For Revenue Purposes

8.When High Court Can Determine Value

9.Pre-requisites for Determining Value

 Satisfaction of High Court

 In Suits

 Suit is not Satisfactorily Valued

 Prior Sanction of the Provincial Government

10- Procedure for Determining Value

11. Rule Framed under this Section

12.Effect of Rules made by High Court

13. Determination of Value for The Suits Valuation Act and The Court
Fees Act

14. Object of Section 9

15. Scope of Section 9

16. Section 7 of The Court Fees Act and Section 9 of The Suits
Valuation Act

17. Preclude
Q. 2: PROCEDURE WHEN OBJECTION AS TO WRONG VALUATION IS TO BE RAISED

1. Preface

Fiscal Law

Administration of Justice and Role of Fiscal Statutes

2. Relay Provisions

3.Primary Object of the Suits Valuation Act

4.Analysis of Section 11

5.General Rule as to Entertainment of Objections

6.Duty of Court as to Objections

7.Object of Section 11

 To authenticate the Proceedings of the Lower Court

 To Save Time

 To Cure Defect
  To Meet the Ends of Justice

8.Scope of Section 11

 Applies to Whole Pakistan

 Applies to Suits, Appeals and Revision

 Application in Case of Over Valuation

 Application in Case of Under Valuation

9.Conditions for Applicability of Section 11

 Objection must Relate to Valuation

 Objection Must have been Taken Before Court of First Instance or Lower
Appellate Court

 Time for Objection

 Satisfaction of High Court

10- Procedure u/s 11

 Appeal or Revision Before High Court

 Objection Must be Raised in Appeal or Revision

  Rejection by High Court if Not Satisfied

 Acceptance, if Satisfied

 Powers of High Court on Acceptance

i. Power with the Appeal or Revision

ii. Power to Remand the case

iii. Power to Frame Issues

iv. Power to Take Additional Issues

11. Preclude
3: SCOPE AND OBJECT OF SUITS VALUATION ACT

1. Preface

Fiscal Law

Administration of Justice and Role of Fiscal Statutes

2.The Suits Valuation Act

3.Objects of The Suits Valuation Act

 Preamble

 Objects and Reasons of The Suits Valuation Act are Stated in Gazette of
India, Para V

 Prescribe the Mode of Valuing Certain Suits

 Prescribe Time to Raise Objection as to Wrong Valuation

 Prescribe Procedure to Raise Objection as to Wrong Valuation

 Prescribe Certain Suits Where Ad Valorem Court Fee is Payable

 Prevent Plaintiff from Escaping from the Liability to Pay Court Fee By
Valuing Suit for Jurisdictional Purpose
4.Scope of The Suits Valuation Act

 Federal Enactment

 Procedural Law

 Regulated by Provinces

 Rule Making Authority

 Applies to Suits and Application

5.The Suits Valuation Act Comprises of 3 Parts

 Part I --- Relates to Lands

 Part II --- Relates to all Other Suits

 Part III ---- Contains other Supplemental Provisions

2- Combined Effect of The Suits Valuation Act and The Court Fees Act

3- Interpretation of the Provisions The Suits Valuation Act

6. Preclude
Q. 4: Determination Of Value Of Certain Suits By High Court
(Outline)

Preface

Relay provisions

Analysis of Section 9

xiv) “When the subject mater of suits of any class.”

xv) “Other than suits mentioned in paragraph (V), (VI) X (d) of

Section 7 of Court Fees Act.”

xvi) “Does not admit of being satisfactorily valued”

xvii) “The High court May,”

xviii) “With the previous sanction of Provincial Government.”

xix) “Direct”
Power of High Court to frame rules u/s 9

Rules framed under this section

Valuation not possible

Effect of rules framed by High Court

Scope of Section 9

Section 7 of Court Fees Act & Sec.9 Suit Valuation Act

Preclude
Court Fee Act 1870
Q. 1: Topic-: Nature, Object and Scope of Court Fee Act

Legislative History

Islamic view

Firstly originated in 1795 Bengal Regulations Charging Law

 Nature

 Fiscal enactment

 Taxing statue

 Procedure determining Court Fee

 Scheme for payment of Court Fee

 Exclusive matter between court and litigant

 Preliminary legal issue

Construction and Interpretation

 Liberal interpretation of fiscal law

 Modes and principles of interpretation

o Strict interpretation

a) Rule of strict construction applied

b) Plain language

c) Clear words

d) Fair text

e) Reasonably construed

f) No presumption
 g) No equity

h) Implied nothing

 Beneficial interpretation ----for litigants

 Favourable interpretation ----towards subjects

 Alternative construction

 Fair and reasonable construction

 Harmonious construction(harmonize with object)

 Rules of grammar inapplicable

 Equitable construction

 Ordinary dictionary meaning can be consulted(in modern age it is increased)

 Reference to bills, statements of objects, reasons, report of select committee,

statement of minister, title of an act

Act Deals with

 Prescribed court fee

 How to ascertain court fee

 How to determine questions of court fee

Act without Preamble

 Object and functions of preamble

 To find out the meaning of statue

 Key to understand statute

 A guide to know act

 Necessary facts explained before opening statue

 Preamble is preparatory statement

 Introductory part

 Reasons and intent of law

 Preamble to discover plain object

 Preamble to show intent and design of legislature

  Helpful in ambiguity

 Q- Whether preamble is the part of statue?

Different views in UK

One view ----it is not an integral part of the statute but a motive and inducement

Another view ----it is an important part of statute

Modern view ----majority view-----preamble is undoubtedly a part of statue

View of Lord Alverstone

“Regretted the omission for not placing preamble since same has got great assistance for
court in construction”

View of Lord Tenterdon in Doe vs Brandling (1828)7 B&C 643

“Where language of text is clear preamble to be disregarded”

Defective Act

 Artificial Statue

 Scheme without principles

 Unscientific drafting

 Considerable difficult to interpret

 Object

A Governmental Charge for Services

 To secure revenue for state

 Payment of remuneration to legal functionaries

 Lay down rules for collection of fee

 To generate revenue

 Safeguard the benefit of state

 Protection of revenue
  Fulfill the expenses of legal employees

 Restrict and restrain frivolous and false claims

 To check bona fide

 Purpose is not to arm the litigant with weapon of technicality to harass

opponent

Procedure Laid Down

 Computation of Court Fee

 Exact valuation of subject matter(Ad Valorem Fee)

 Court Fee on valuation

 Fixed Court Fee

 Payment of Court Fee

Duty of Court Enumerated

 Care fully examine the matter involving Court Fee

 To look for deficiency of Court Fee

 Read out case for purpose of Court Fee

 Adjudicate Court Fee in certain circumstances

 Directing litigant to pay Court Fee

 Reject case on non payment of Court Fee

 Reject case on wrong valuation

 Reject case on disobedience

 Scope

 Court Fee on Suit

 Court Fee on Appeals

 Court Fee on documents

Applicability
 Civil matters

 Revenue matters
  To certain extent in criminal courts article 1(a & b) of sh II

 Copies and documents of courts

 Probate proceedings

 Letters of administration

 Succession certificates

Matters to Examine With The Help Of Act

 Malafide

 Bonafide

 Gross Negligence

 Malice

 Evasion

Extent of law
 Whole Pakistan

 Provincial Government may make rules

Difference Between Fee And Tax

 Fee is for special purpose

Tax for general or public purpose

 Fee is for the benefit of special person

Tax is for common benefits

 Fee is received by court

Tax is colleted though general revenue

o Court fee is fee not tax

Consequences
 For under or wrong valuation

 Plaint may be rejected under the Relay provision of law(order VII Rule 11
CPC)

 Time to pay proper court fee can be extended U/S 148, 149 CPC
Operation of Act

 A procedural law and not a substantial law(does not create right or

liability but procedure)

 Power of state government to amend

 Provisions to refund court fee paid in excess

 Criticism of bad drafting

 No exemptions for government

 Court fee a state debt

Q. 2: Topic-: Section 5: Taxing Officer

Preface of court fee

Object of court fee

Importance of section 5

Interpretation/break up/
o Where any ---difference----dispute ------question

o Between an -----officer (who is under duty to see if any court fee is

payable under chapter II when any matter is brought in High Court
for its adjudication)-----and----litigant, suitor or attorney

o Regarding payment of court fee

o The necessity for payment of court fee

o Amount of court fee payable

o Referral of such question to taxing officer –whose decision ----two

folded i) to decide the matter at his own, ii) to refer the matter, of
general importance to Chief Justice of High Court or any judge
appointed in his behalf

o For final decision

o Appointment of taxing officer shall be declared by the CJ of High

Court

o Appointment of judge acting in behalf of Chief Justice shall also be

made generally or specially

 Taxing Officer----an officer who shall decide the dispute between an

officer (under duty to see if any court fee is payable) and attorney/suitor
pertaining payment of court or necessity of court fee. He can also refer
the matter to Chief Justice of High Court or any other judge appointed
 either generally or specially in his behalf to decide such referral. The
decision of taxing officer is final with only one exception.

Defective provision held in AIR 1937 Mad 46 while observing since no

remedy is provided.

Object of Taxing officer

Powers and duties of Taxing Officer

o To decide the question

o To fix correct valuation

 Necessity of fee

 Order to make up deficiency

 Fee already paid

o To open question of Court fee

o To examine material

o To exercise judicial powers

 Issue summons

 Hearing the parties

 Admit evidence/additional evidence

 Investigate or inquire in to matter

 Final authority

 Unquestionable decision

o To refer the matter

o To exercise powers

o Powers without limitations

o To issue certificate

o To reopen valuation

o Powers and duties mandatory in nature

 o To decide category of matter

o Not bound to follow valuation by lower court

o Discretionary powers

 To refer the matter High Court----Chief Justice or any Judge

appointed

 To declare

 To form an opinion

 To seek decision on question of general importance

 Unrestricted powers

Powers of Chief Justice of High Court U/S 5

o to declare nomination of Taxing officer

o to decide referral

o to appoint any judge of High Court to act in his behalf

o to appoint generally or specially

 Taxing officer become Functus Officio after decision

 Subject matter of referral or question is provided under section 3, 4

 Question of fee has no nexus with main case

 Divergent views in respect of jurisdiction of Taxing officer i) Taxing Officer

has limited jurisdiction ii) Taxing officer has unlimited jurisdiction when it
comes to a fact detriment to revenue
Q. 3: Topic:- Section 12. Decision of Question as to Valuation

1. Preface of court fee

2. Object of court fee

3. Importance of section 5
Interpretation
o Every question/dispute/controversy

o Relating to valuation

o For the purpose of determining the amount of fee

o Chargeable under this chapter

 On plaint

 Or

 Memorandum on appeal

o Every such question shall be decided by the court

o In which such plaint or memorandum of appeal is filed

o Decision shall be final as between the parties

o But whenever such suit comes

o Before

 Court of appeal

 Court of revision

 Court of reference

 Court thinks that such question is wrongly decided

 As to detriment of the revenue

 Court shall require the party(by whom such fee has been paid)
  To pay such additional fee

 As would have been payable

 Had such question been rightly decided

 The provision of section 10 ii shall apply

 Question of valuation is a preliminary legal issue

 The amount of fee payable shall be in dispute

 Matters to be seen for valuation

 Contents of paint

 Subject matter

 Relief claimed

 Decision of such court shall be final

 Applicability as to forum ---any court

 Applicability as to matter ----plaint And memorandum of appeal

 Duty of court

 General rule laid down with one exception

 Object of section is fiscal in nature

 Principle of strict construction applicable

 Provision dealing only with plaint and memorandum of appeal

 For decision in such matter shall be final to extent of order for fixation
and payment of court fee

2010 CLC 1032 Lahore

Ghulam Hassan and others

Vs

Iqbal Hassan and others

Judgment by Mr. Justice Mian Saqib Nisar

  Applicability of section 10 ii----mandatory

4. Difference between section 5 & 12

As to decision
5 decision on question under chapter II by taxing officer

12 decision on question under chapter III by court

5---decision is made by taxing office

12----decision is made by court

5----decision relating necessity of court fee

12----decision relating payment of court fee on valuation

5-----decision on dispute between litigant and officer

12-----decision on question between party and court

5 ----decision applicable in High Court

12-----decision applicable in any court

As to nature
5 final decision of taxing officer in High Court under chapter II

12 final decision of court under chapter III

As to scope
5 is not narrower

12 is narrower then sec 5

As to forum
5-----taxing officer

12-----any court of law

As to applicability
5 ---documents filed, exhibited, received furnished in HC

6 -----plaint and memorandum of appeal in any court

As to finality
5 final to extent to HC

12 final to extent of court and party

As to exception of decision
5---- Reference may be sent to CJ of HC

12----decision can be varied by appellate court or so if that decision is detriment to revenue

As to valuation
5 -----not necessarily only valuation

12 ----only valuation for payment of court fee

As to chargeability
5 ------documents chargeable under Ch II

12-----valuation of plaint and memorandum of appeal under chapter III

Q. 4: Topic: - Section 6 Fee on Documents filed in Courts

Preface of court fee

Charging section

Mandatory in nature

Interpretation of section
 Except courts mentioned earlier(chapter II)

 In Court of Justice or before public officer

 No document of any kind

o Document specified

o As chargeable

o In Sh I and ShII

o Annexed with act

o Specific court fee payable

 Shall be

 Filed

 Exhibited

 Received

 Furnished

 Recorded

 Unless

 Proper fee

o Not less than that indicated in Sh I or II

o Accordingly sufficient
  In respect of such document

 In not paid

A charging section

Prohibition to use improperly stamped documents

Section applies
o Courts of justice

o Public officer

Amount of fee payable under Sh I and ShII

Most of text is same as used in section 4

Object of court fee

Applicability of section as to matter

 All documents mentioned as chargeable

 pleadings, written statements, pleadings , counter claim, applications, appeals,

set off, cross objection, etc

Conditions of applicability of section

o A document must be specified

o Chargeable under sh I or Sh II

o Intended to filed etc before court or public officer

No exemption to any one

Admission on question of court fee is not Relay

Question of court is a preliminary legal issue

o General rule laid down
Q. 5: Topic-: Section 7 : Computation of Fee Payable in Certain Suits

Section 7 Sh I & Sh II

 Valuation for purpose of court fee in suits

 According to amount claimed (7i) right established

o Money suits

 According to subject matter

A Property

 Immovable (7v)

Value of property (7x)

Amount of value (7x)

 Land Houses Gardens

 Market value (7v)

o Revenue (7v)

o Net profits (7v)

The value of property and market value may be specified with reference to nature of land.

 Movable

 With Market value (7iii)

 Without market value (7iva)

B Relief Sought

o Nature of relief sought/remedy/suit (7iv)

o Plaintiff shall fix valuation of subject matter in fiscal

from according to nature of relief

C Right Claimed (7vi)

D Value claimed (7xii)

E Amount claimed not established (7ii, 7iii, 7vii, 7viii, 7ix, and 7xi)

Explanation

7 i) Money suits

 Suit for damages

 Suit for compensation

 Suit for arrears of maintenance

 Suit for arrears of annuities

 Suit for arrears any other sum payable periodically

7ii) Maintenance and annuities

 Suits for maintenance

 Suit for annuities

 Suit for any other sum payable periodically

7iii) Movable property other than money

 Suit for movable property other than money with market value

7iv) In Suits

 a- Suit for movable property with no market value

 b-Suit to enforce a right to share in joint family property

 c-Suit for declaratory decree and consequential relief

 d-Suit for an injunctions

 e-Suit for easements

 f- Suit for accounts

7v) For Possession

 Suit for possession of land

 Suit for possession of house

 Suit for possession of gardens

  a- Lands with permanently settled revenue

 b-Lands with no permanently settled revenue

 c- Lands with net profits or without net profits

 d- Lands as definite share not separately assessed

 e- Houses and Gardens

7 vi) Right of Pre-emption

 Suit to enforce right of pre-emption

7vii) Interest of an assignee

 Suit for the interest of an assignee of land revenue

7viii) Set aside an attachment

 Suit to set aside an attachment of land

 Suit to set aside an attachment of an interest in land or revenue

7ix) Redemption---Foreclose

 Suit for recovery of property mortgaged

 Suit to foreclose the mortgage

7x) Specific Performance

 a- Suit for specific performance of a contract of mortgage sale

 b- Suit for specific performance of mortgage

 c- Suit for specific performance of a lease

 d- Suit for specific performance of an award

7xi) Landlord & Tenant

7xii) Other suit

Q. 6: Topic-: Section 17 Multifarious Suits

1. Preface

2. Meaning of Multifarious

“A great variety”

Black’s Law Dictionary

“Joining distinct matters or causes of action and thereby confounding them”

3. According to Section 17 of Court Fee Act

“Where two or more distinct subjects have been embraced in a suit the fee on
memorandum of appeal or suit shall be chargeable on the aggregate amount of fees
chargeable separately for each of such subjects liable under this Act”

Or

“If a suit embraces two or more distinct subjects an aggregate amount of fee shall be paid
on plaint or memorandum of appeal as would liable under this act for each of such distinct
subjects separately”

4. Applicability of provisions
2010 CLC 1603 Karachi

Before Mr. Justice Muhhamd Ali Mazhar

Mumahhad Shahbir us Mrs. Farhan Bibi & others

“Section 17 of Court Fee Act is confined to a suit containing multifarious causes of action
and different reliefs claimed in plain”

5. Object
 To Prevent loss of revenue by Joinder of causes of action in
one suit

o Joinder of causes of action permissible

o Relay Provisions Sec 20 , Order II Rule 1 to 7 CPC

o Framing a suit in manner to prevent further litigation

o Suit to include whole claim

o Relinquishment of part claim

o Omission to sue for one of several reliefs

o Cause of action( no where defined in Code) “ bundle of facts constituting

infringement of right and furnishing occasion for action” AND “ facts which
give rise a claim to plaintiff against defendant”

o Jurisdiction of Court according to amount or value of aggregate of subject

matters

6. Scope And Application

 Two or more distinct matters

 Court Fee payable

 On aggregate amount

 On each separate subject

 Test

 Contents of plaint

 Nature of allegations
  Relief sought

 Interest Claimed

 Documents relied upon

 Cause of action

 Prayer clause

 Nature of suit

 Alternative relief a Distinct Subject

7. Distinct Subjects
o Not defined in Code of Civil Procedure

o Not defined in Court Fee Act

o Subject “ a thing or matter over which a right is exercised”

Waziri Bagum VS Sashi Bhushan 2 Pat 874

o Difficult to define

o Distinct Subjects “ Distinct causes of action” or “Distinct

issues”

o Further Held

 Distinct Reliefs

 Distinct Issues

 Kinds of remedies

 Distinct claims sought

 Matter clubbed together in one suit

 Two or more causes of action

 Distinct material and circumstances

8. Instances of Multifarious Suits

o Declaration and possession

o Damages and injunction

o Accounts and possession

o Possession and partition

o Partition and accounts

o Possession, accounts and Mesne Profits

o Compensation and possession

o Suit for money and cost of Lawyers Notice

o Suits for Recovery of Money on Basis of Accounts

o Promissory Note & Original Cause of Action

o Suit for Specific Performance and Sale

o Suit for recovery of movable property and compensation

9. Instances of Suits Not Multifarious

o Injunctions & Accounts

o Declaration and Injunctions

o Maintenance & Declaration

o Inheritance

o Dissolution of Partnership and Accounts

10.No Effect on Powers of section 9 CPC

11.Maximum Limit

12.Alternative Relief

13.Consolidation of suit

14.Nothing to effect the power by CPC u/s 9

15.Analytical Study –Cross References Section 9, 26,151 Order 1,2,7

CPC

16. Preclude
Q. 7: Topic-: Section 20 : Rules as to cost of Processes

1. Preface of court fee

2. Object of court fee

3. Meaning of process

4. Explanation of term “process fee”

5. Break up of section 20
o The High Court

o Shall

o Make rules

o As soon as may be

o On following matter

A Fee chargeable

 For serving

 Or

 For executing

 Process issued

 Issued by HC

 In Appellate jurisdiction

 And

 All process issued by civil or revenue courts established

within its local limits of jurisdiction

B Fee Chargeable
  For serving

 Or

 For executing

 Process issued

 Issued by criminal courts established

within its local limits

 In cases other than case in which

police officer may arrest without
warrant

 Non cognizable cases

C The remuneration

 Of peons

 And all other persons employed

 By the leave of the court

 In service or execution of process

 Confirmation and publication of rules

o All such rules

o All such alterations

o And additions

o Shall be published in official Gazette

o Shall be confirmed by the state Government

o Shall have force of all afterwards

 High Court may alter, amend, add rules time to time

 Cross reference order 48 R 1

 20 A exemption for certain processes

 notwithstanding anything contained in preceding section

  or

 rules made there under

 no fee shall be charged

o for executing

o and

o for serving

 on behalf of

 a) prosecution in any criminal proceedings taken on

information or complaint

 b) a liquidator or an arbitrator

 The provincial government shall determine who shall be public officer

 High Court Rule and Order Vol IV ch 5

6. Preclude
 ‫آپ سب کی دعاؤں کا ہمہ وقت طلب گار‬

‫لیکچرار‪ :‬مــبشراقبال‬
‫ایڈووکیٹ ھائی کورٹ‬
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