SAMPLE OF AFFIDAVIT USED IN COURTS OF PAKISTAN

AFFIDAVIT



I, Ghulam Nabi s/o Ghulam Rasool, r/o House No.AA-1001 Mohallah Workshapi, Rawalpindi, do hereby solemnly affirm and declare that the contents of the accompanying application are true and correct to the best of my knowledge and belief.



…Deponent


The above mentioned affidavit is also using in legal consultancy of Pakistan.



VERIFICATION



Verified on oath at Rawalpindi on this 15th day of March 2010 that the contents of my said Affidavit are true and correct to the best of my knowledge, information and belief and nothing has been concealed therefrom.



…Deponent

BRANCHES OF LAW

Administrative.

Bankruptcy.

Business.

Communications.

Constitutional.

Consumer.

Criminal law.

Cyberspace.

Disabilities.

Employment.

Entertainment.

Environmental.

Family.

Immigration.

Intellectual property.

International.

Personal injury.

Product liability.

Property.

Public Benefits.

Qui Tam.

Real Estate Law.

Torts.

Traffic.

Trust & Estate Law.


The abvoe mentioned are the branches of law and same are using in legal consultancy in Pakistan.

DIFFERENT DEFINITIONS OF LAW

In general, a rule of being or of conduct, established by an authority able to enforce its will; a controlling regulation; the mode or order according to which an agent or a power acts.



In morals: The will of God as the rule for the disposition and conduct of all responsible beings toward him and toward each other; a rule of living, conformable to righteousness; the rule of action as obligatory on the conscience or moral nature.



The Jewish or Mosaic code, and that part of Scripture where it is written, in distinction from the gospel; hence, also, the Old Testament. ·



An organic rule, as a constitution or charter, establishing and defining the conditions of the existence of a state or other organized community. · Any edict, decree, order, ordinance, statute, resolution, judicial, decision, usage, etc., or recognized, and enforced, by the controlling authority.



In philosophy and physics: A rule of being, operation, or change, so certain and constant that it is conceived of as imposed by the will of God or by some controlling authority; as, the law of gravitation; the laws of motion; the law heredity; the laws of thought; the laws of cause and effect; law of self-preservation.



In mathematics: The rule according to which anything, as the change of value of a variable, or the value of the terms of a series, proceeds; mode or order of sequence. · In arts, works, games, etc.:



The rules of construction, or of procedure, conforming to the conditions of success; a principle, maxim; or usage; as, the laws of poetry, of architecture, of courtesy, or of whist.



Collectively, the whole body of rules relating to one subject, or emanating from one source; including usually the writings pertaining to them, and judicial proceedings under them; as, divine law; English law; Roman law; the law of real property; insurance law.



Legal science; jurisprudence; the principles of equity; applied justice.



Trial by the laws of the land; judicial remedy; litigation; as, to go law.



An oath, as in the presence of a court.



An exclamation of mild surprise.



The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system; "he studied law at Yale"



A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society.



A generalization that describes recurring facts or events in nature; "the laws of thermodynamics" · The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do·



Legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping"



The force of policemen and officers; "the law came looking for him"



The collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"


The above mentioned definitions are also using in legal consultancy of Pakistan.

Monday, March 15, 2010

Petition for Cancellation of Bail before High Court (In Pakistan)

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

Crl. Misc No. BC/2010
In the matter of:

Khaqaan Danial s/o Allah Ditta, r/o Upper Aliot, Tehsil Murree, District Rawalpindi.

…Petitioner
VERSUS

1. Muhammad Usman s/o Muhammad Zakir, Caste Abbasi, r/o Upper Aliot, Murree District Rawalpindi.
2. The State.
…Respondents

PETITION UNDER SECTION 497(5) Cr.P.C FOR THE CANCELLATION OF BAIL IN CASE FIR NO. 499 DATED 18-09-2007, OFFENCE UNDER SECTION 302/24 PPC REGISTERED AT P.S MURREE, DISTRICT RAWALPINDI

Respectfully Sheweth!

1. That the petitioner is an unfortunate father of Tasleem Akhtar (deceased) and complainant of aforementioned FIR. The brief facts leading to the instant petition are that on 18-09-07, respondent No.1 brutally assassinated the young daughter of the petitioner with the help of his mother and sister. (Copy of FIR is annexed herewith as Annexure-A)
2. That the respondent No.1 filed his bail after arrest which was entrusted to the court of Mr. Khalid Mehmood Ranjha, the learned ASJ Rawalpindi who was pleased to grant his bail on the ground of tender-age while relying upon a fabricated school leaving certificate and that of NADRA record. The respondent No.1 was allowed bail on 21-11-08. (Copy of bail granting order is annexed herewith as Annexure-B)
3. That during the course of trial, the respondent No.1 moved an application for his trial under Juvenile Justice System which was objected by the prosecution and the learned trial judge was pleased to send the matter to DHQ Rawalpindi for holding of ossification test of respondent No.1.
4. That on the direction of the learned ASJ, a medical board was convened for ossification test of the respondent No.1 and the medical board submitted their report bearing Sr. No.262 dated 29-04-09 and hold the age of the respondent No.1 between 22 – 25 years at the time of occurrence.
5. That the respondent No.1 was allowed bail after arrest merely on the ground of tender-age (less than 18 years) whereas the ossification test (age-determination) reveals that the age of the respondent No.1 as minimum 20-years at the time of occurrence i.e 18-09-2007. (Copy of age assessment report dated 29-04-09 is annexed herewith as Annexure-C)
6. That after getting the bail after arrest granted by the learned ASJ Rawalpindi, the respondent No.1 always misused the concession of bail and at times, criminally, illegally and forcibly trespassed into the house of the petitioner and threatened the petitioner, his wife and daughter of dire consequences which includes murder of the petitioner and his family members regarding which the matter was reported to Numberdar of the area who also verified the occurrence and submitted his report on 11-12-2008 which is also available in Judicial File.
7. That the matter does not end here, the respondent No.1 continued threatening the petitioner and his family members, resultantly, the petitioner has filed a petition U/S 22-A and 22-B of Cr.P.C and sought the indulgence of learned ASJ for getting a criminal case registered against the respondent No.1 and the same was entrusted to Mr. Sajjad Hussain Sindhar, learned ASJ who disposed off the petition while giving a direction to the concerned police on 13-06-09 and consequently and ultimately a FIR bearing No.373 dated 25-07-09 offence U/S 506 PPC was registered at P.S Murree District Rawalpindi against respondent No.1 (Copy of petition U/S 22-A along with order dated 13-06-09 and FIR bearing No.373 is annexed herewith as Annexure-D)
8. That the heinous offence of murder was committed by respondent No.1 who is a hardened and disparate criminal, was not entitle to any concession or grace therefore, the grant of bail not only prejudice to the prosecution but also the prosecution witnesses are under pressure, threat and coercion at the hands of respondent No.1.
9. That the act of respondent No.1 of threatening the petitioner and his family members, amounts to temper the prosecution evidence and the prosecution witnesses are under pressure, coercion and apprehends a danger to their lives at the hands of respondent No.1.
10. That the petitioner filed petition Under Section 497(5) Cr.P.C for cancellation of the bail of respondent No.1 before the court of learned Sessions Judge, Rawalpindi which was declined vide order dated 29-10-2009 by Mr. Sajjad Hussain Sindhar, the learned ASJ Rawalpindi, hence this petition. (Copy of petition along with order dated 29-10-09 is annexed herewith as Annexure-E)
11. That the petitioner seeks the cancellation of bail of respondent No.1 inter-alia on the followings:-

GROUNDS

a. That the learned ASJ declined the cancellation petition of the petitioner on surmises and conjectures.
b. That there is sufficient material on record to connect the respondent No.1 with the commission of crime and specific role was attributed to him in the FIR.
c. That the respondent No.1 is nominated in the FIR with specific role, hence the order dated 29-10-2009 of the learned ASJ Rawalpindi is without any lawful justification.
d. That the order passed by learned ASJ Rawalpindi is illegal, arbitrary one and against the norms of the natural justice.
e. That the learned ASJ Rawalpindi did not consider the valuable evidence available on the record.
f. That there is no malafide on the part of the present petitioner and enmity of the police with the respondent No.1 was pointed out, hence the respondent No.1 is not entitled to any concession of bail.
g. That there is reasonable chance for tampering with prosecution evidence by the respondent No.1, thus he is not entitled to any concession of bail.
h. That there is the reasonable chance of absconsion of the respondent No.1.
i. That the learned ASJ Rawalpindi also ignored the all other important aspect of the case, which is necessary for rejection of the bail.
j. That the respondent No.1 is misusing the grant of bail and continuously threatening the petitioner for dire consequences and also put undue pressure upon the petitioner for the compromise.
k. That if the bail granting order passed by the learned ASJ Rawalpindi is not recalled, the petitioner shall suffer an irreparable loss.

In the above mentioned circumstances, it is therefore, most respectfully prayed that the instant petition may kindly be accepted and bail granting order dated 21-11-2008 to the respondent No.1 may kindly be recalled and post arrest bail granted to him may kindly be cancelled which is in the interest of the justice.
Petitioner
Through

COUNSEL

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