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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
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LEGAL DRAFTING
INTRPRETATION OF STATUTE , CONVEYANCING , PLEADING

Lecturer: Mobushar Iqbal Chohan

Advocate High Court

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

Office: Fatima & Iqbal Law Chamber Lahore

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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.”

I Am Very Thankful To You All

Your Well Wisher

Lecturer: Mobushar Iqbal

ADVOCATE HIGH COURT

LLB. LLM. Msc. Dipl communication skills

CELL NO: 0300-0096491

OFFICE: F ATIMA & IQBAL LAW CHAMBER LAHORE

INNOVATIVE LAW ACADEMY LAHORE

Address: Lower mall around Chauburji Oppo: Butt sweet Hajvari Tower Basement 10-B Lahore
Q.1

Power of Attorney and it’s Kinds

1. Preface
In this present modern world, activities and engagements of every person have been greatly
increased. As every person has become busier due to his hectic activities and engagements,
therefore it has become more and more necessary for him to depend on others for getting
his work done. Under these circumstances, importance of power of attorney has been
increased.

2. Definition
Power of attorney includes any instruments, which empower some specified person to act
for and in name of that person, who executes it.

3. Kinds of Power of Attorney

Followings are kinds of power of attorney:

a. General Power of Attorney

General Power of attorney is that power of attorney through which agent has been granted
power to perform several acts or to exercise all powers, which principal can exercise in
respect of some property or matter.
b. Special Power of Attorney
Special power of attorney is that power of attorney by which a person is appointed to do
some specified act.

c. Irrevocable Power of Attorney

when principal cannot revoke power of attorney, such power of attorney is called
irrevocable power of attorney.

d. Durable Power of Attorney

Durable power of attorney is that power attorney, which remains in force even when
principal becomes incompetent to grant power of attorney.

General Power of Attorney

BY THIS POWER OF ATTORNEY

I, Noor Ahmad s/o Sami Ullah , caste by Dogar, R/O P-265, Sector F, New Garden Valley,
Islamabad, appoints Parveez Ali s/o Waqas Ali, caste by Jutt, R/O House No. 25, Block A,
Ameen Pur Colony, Islamabad, my attorney in my name and on my behalf to execute or do
all or any of the acts or things hereinafter mentioned, that is to say:

1. To appear and act in all the courts, Civil, Revenue or Criminal whether original or
appellate, in the Registration Offices and in any other office of Government of District Board,
Municipal Board or Notified Area or any other local authority.

2. To sing and verify plaints, written statements, petitions of claims and objection,
memorandum of appeal and petitions and applications of all kinds and to file them in any
such court and office.
3. To appoint any advocate, Vakil, Pleader, Mukhtar, agent or other legal practitioner.

4. To compromise, compound or withdraw cases, to confess judgments and to refer cases to

arbitration.

5. To file and receive back documents to deposit and withdraw money and to grant receipts
therefore.

6. To obtain refund of stamp duty or repayment of Court fees.

7. To purchase property at court auction sales in execution of my decree up to the amount

of the decree.

8. To take delivery of possession of property in execution of my decrees or of property

purchased for me at an auction sale.

9. To realize debts due to me, to collect rents from my tenants of houses and lands and to
receive my money due to me from any other person and to grant receipts and discharges for
the same.

10. To distain the crops of my tenants for arrears of rent.

11. To grant leases of my house property, lands agricultural or non-agricultural.

12. To file suit for rents and ejectment of tenants, and when expressly instructed by me,
other kinds of suit.

13. To apply to courts and offices copies of documents ad papers.

14. To apply for the inspection of and to inspect judicial records.

15. To nominate and to give consent to the appointment of a village officer, a Lambardar of
a Choukidar.

16. To accept service of any summons, notice or with issued by any court or office against
me.

And I, Noor Ahmad s/o Sami Ullah, agree that all acts, things and deeds, which my attorney
named Parveez Ali s/o Waqas Ali will do on my behalf, will considered as acts, things and
deeds done by me. Even this power of attorney will ratify and confirm all those acts, things,
and deeds, which my attorney named Parveez Ali will lawfully do on my behalf through
exercise of that power, which is granted to him through this power of attorney.

In presence of witness I, Noor Ahmad, have signed this power of attorney on 18-3-2010.

>> Principle Name and Signature

>> Agent Name and Signature

>> Witness No. 1 Name and Signature

>> Witness No. 2 Name and Signature

Q. 2

Deed of Revocation of Power of Attorney

THIS DEED OF REVOCATION OF POWER OF ATTORNEY is made the ………. Day of……… by me.
A.B, of, etc

WHEREAS by a Power of Attorney executed by me on the ……… day of………I appointed C.D…
of , etc., my lawful attorney for me, in my name and on my behalf to do and execute all acts,
deeds and things, therein recited.

And whereas it has become necessary to revoke the power.

NOW BY THIS deed I absolutely and completely revoke the said Power of Attorney as also all
power of authority thereby given to him either expressly or impliedly. Provided that
nothings herein contained shall render invalid any act, deed or thing lawfully done or cause
to be done by the said attorney by virtue of the power given to him before the revocation
thereof by these presents.

>> Principle Name and Signature

>> Witness No. 1 Name and Signature

>> witness No. 2 Name and Signature

Q. 3 Draft of Suit for Specific Performance

IN THE COURT OF SENIOR CIVIL JUDGE, KARACHI

Syed Noor Ali son of Syed Amir Rasool, caste by Syed, R/O House No.532, Street No.5,
Gulshan Colony, Karachi.

……… Plaintiff.

Versus

Tariq Mahmood son of Mahmood Ali, caste by Jutt, R/O Samanabad, Karachi.

......Defendant

SUIT FOT THE POSSESSION OF HOUSE NO.48, GULSHAN

COLONY, KARACHI, THROUGHSPECIFIC PERORMANCE

OF THE AGREEMENT, DATED 12 AUGUST, 2014.

The above-named plaintiff states as follow:

1. That by an agreement, dated 12 August 2014, duly executed and singed by the defendant,
he contracted to sell to the plaintiff his immoveable property, viz, House No.48, Gulshan
Colony, Karachi, with all accessories and appurtenances for Rs.12,750.00. The boundaries of
the houses are as follows:

North-----House of Abid Noor son of Abdullah

South-----Govt Primary School.

East-------House of Naveed Ahmad.

West-----Open plot belonging to Ch. Waqas Jutt

2. That the plaintiff requested the defendant to specifically perform the agreement on his
part, to accept the sum of Rs.12,750,00 and to execute the conveyance of sale in plaintiff’s
favor, but the defendant has not done so, and a week ago refused to convey the house to
plaintiff.

3. That the plaintiff has been and is still ready and willing specifically to perform the
agreement on his part of which the defendant has had notice.

4. That the cause of action arose against the defendant on 12th August 2014, the date by
which the defendant had stipulated to execute and sign a conveyance of sale in favor of the
plaintiff.

5. That the agreement was signed at Karachi and the property to question is also situate in
Karachi, the Civil Court at Karachi has, therefore, jurisdiction to try the suit.

6. That the value of the subject-matter of the suit for the purposes of Court-fee and
jurisdiction is Rs. 12,755.00.

Prayer:

It is, therefore, respectfully prayed that a decree for possession

through specific performance of House No.48, Gulshan Colony,

Karachi, be passed in favor of the plaintiff against defendant

And the defendant be ordered to perform the agreement

specially And do all such acts as may be necessary to put the

 plaintiff in full Possession of the did property and to pay the

costs of suit.

Dated: 4th January 2015.

Syed Noor Ali

Through

Hafeez ul Rahman Advocate.

Verification

Verified at Karachi, this 4th day of January, 2015, that the contents of plaint are true to the
best of my knowledge and beliefs.
Q. 4

AGREEMENT TO SELL

AGREEMENT TO SELL made today the 1st day of the December 2001, entered into BETWEEN
(ÅÎIB¿) Muhammad Arshad S/o. Muhammad Akhtar, Caste Kashmiri, resident of 5 – Gulberg,
Lahore (hereinafter called the “Vendor”) of the one/first part and Muhammad Ashiq S/o.
Muhammad Razzaque, Caste Arayin, resident of 7 – Model Town, Lahore (hereinafter called
the “Vendee”) on the other/second part.

WHEREAS the Vendor above named is the exclusive owner in possession of the property
bearing no. 10 – Shadman Colony, Lahore, a Pukka Built residential house, consisting
of/comprising 4 bed rooms, TV lounge, drawing and dining rooms with kitchen and with a
lawn/patio the detail of which is fully described in the hereunder:

1. East ……………………

2. North ……………………

3. West ……………………

4. South ……………………

AND WHEREAS the Vendor has agreed to sell the said property to the Vendee above named
and the Vendee has agreed to purchase the same from the Vendor on the terms and
conditions hereinafter described.

NOW the parties above named covenant as under:

1. The total consideration of the demised property (bargain or ½ ae ½ À§)/value of property

in question is mutually fixed at Rs. 2,000,000/- (Rupees two million only) out of which a
sum of Rs. 100,000/- (Rupees one hundred thousand only) has been received by the
Vendor as earnest (îÃB¨ÎI) money, the receipt of which the Vendor does hereby
acknowledge.

2. The Vendor is exclusive owner in possession of the property detailed above and the
same is free from any kind of encumbrance/embargo in the form of mortgage or any
other security and all the taxes have been regularly paid to the concerned authorities in
full and final settlement with claims or demand.
3. The Vendor does hereby promise to the Vendee to deliver the vacant possession of the
house in question with all appurtenances (equipment, belongings) and fixtures etc. at
the time of the execution of a valid and legal sale deed before the Sub-Registrar, Lahore.

4. The Vendor and the Vendee do hereby mutually agree that the Vendee shall be liable to
make the payment of the balance amount amounting to Rs. 1,900,000/- (Rupees one
million nine hundred thousand only) to the Vendor before the Sub-Registrar, Lahore, on
January 01, 2002, at the time of the completion of a duly registered sale deed of the
property in question and the Vendor does hereby agree and declare to hand over the
vacant possession of the aforementioned property to the Vendee.

5. In case of failure of the Vendee to make the balance price of the property to the Vendor
at the target date, i.e., January 01, 2002, the Vendor shall be within his rights to
confiscate (take away, seize, ¡Jy) the earnest money amounting to Rs. 100,000/- (Rupees
one hundred thousand only) already received by him and in case the Vendor does
hereby fails to perform his part of the agreement by refusing to execute a registered
sale deed in favour of the Vendee, the Vendee shall have the legal remedy to get a sale
deed registered in his favour by filing a suit for specific performance against the Vendor
and may also recover the damages, if any, sustained by the Vendee at the expense of
the Vendor.

6. The provisions of the Transfer of Property Act bind the parties.

7. The terms “Vendor” and the “Vendee” include their heirs and successors etc.
successively for the purpose of this agreement.

IN WITNESS whereof the Vendor and the Vendee have set their hand to their agreement
signed to this deed on the day and year first above written.

Vendor Vendee

Witness No 1
Q. 5

THE NEGOTIABLE INSTRUMENT ACT, 1881

“BILL-OF-EXCHANGE”

1,PREFACE.

2.MEANING OF THE TERM “CREDIT”.

Credit means confidence of a lender in borrower’s ability to repay .In simple words credit
means a loan. If a person buys something and does not make immediate cash payment to
the seller, we would say that the person has bought on credit.

3.INSTRUMENTS OF CREDIT.
 U/The Negotiable Instrument Act, 1881

 Pro-note.

 Bill-of-exchange.

 Cheque.

 Generally used instruments.

 Book credit.

 Credit cards.

 Bank draft.
  Security.

4.BILL AS ONE OF THE INSTRUMENT OF CREDIT.

A. Meaning of Bill.

According to SenGupta,

Bill-of-exchange which are also called drafts, are instruments by means of which a series of
debts may be discharged without the use of cash or payment postponed by the granting of
credit. They are used both for domestic and international trade.

5.SEC, 3 OF BILL-OF-EXCHANGE ACTS, 1882.

“A bill of exchange is an uncondition order in writing, addressed by one

Person to another, signed by the person giving it, requiring the person to whom it is
addressed to pay on demand or at a fixed or determinable future time a certain sum in
money to or to the order of a specified person, or to the bearer”.

KOREA EXCHANGE BANK V.DEBENHANS (CENTRAL BUYING) LTD 1979.

Sec 3 of the bills of exchange act interalia provides that an instrument, which does not
comply with those conditions, is not a boe.

6.BILL DEFINED U/THE NEGOTIABLE INSTRUMENTS ACT

1881 , SECTION 5.

7.BILL OF EXCHANGE DEFINED U/THE STAMP ACT 1889

U/SEC 2(2).

8.CHIEF FEATURES OF A BILL OF EXCHANGE.

a) “ SMITHS MERCHANTILE LAW”

a. That the consideration of the bill is presumed until the contrary appears.

b. That it must be for payment.

 c. That the payment must be unconditional or absolute.

9.HUNDIS.
145I C 662

There is no legal definition of a “hundi” but the term is usually held to cover billsof
exchange written in an oriental script.

23 C W N 534

A bill of exchange may include a hundi, but a hundi does not include a bill of exchange.

10.KINDS OF BILLOF EXCHANGE.

I. Sight bill.

II. Time bill.

III. Foreign bill.

11. NECESSARY PARTIES TO BILL OF EXCHANGE.

I. Drawer.

II. Drawee.

III. Payee.

12. NEGOTIABILITY OF BILL.

A bill of exchange is to be treated as ‘negotiable’ provided, of course, the instrument in
question does not contain words prohibiting transfer or intention to treat it as non-
transferable.

BRANDO V. BARNETT (1846) 3 CB 519

The real test of bill of exchange depends upon the wordings and the tenor of the document
in question.
13.CHARACTERISTICS OF BOE.
 The document must be in writing.

GEARY V PHYSIC (1826) 5 B & C 234

Like a note, a bill may be printed or written in ink as well as in pencil.

 The drawer must sign it.

MC CALL V. TAYLOR (1865) 34 LJ CP 365

The drawer’s signature is essential to the validity of a bill, without it no action can be
maintained against the acceptor, either as such or as the maker of the instrument.

 It must contain an order to pay.

LAING V. BARCLAY (1823) 1 B &C 398

It I S the essence of bill that the drawer orders the drawee to pay money to the payee.
However, the account may not be mentioned.

 An un conditional order.

e.g. the following instruments containing an order to pay are not valid bills of exchange.

A bill, which is made to depend upon the marriage of any person,

e.g. “when I marry” PEARSON V. GARETT(1693)4 Mood 242.

 Sum payable must be certain.

 Sum payable with interest.

 Payment by installments.

The sum may be payable by stated installments with or without a provision that upon
default in payment of any installment the whole

Shall become due, but the dates of the installments must be stated.

MOFFAT V.EDWARDS (1841) Car &M16.

  The drawer must be certain.

MC CALL V. TAYLOR (1865) 34 LJ CP 365.

The signature of the drawer on the bill identifies him with reasonable certainty and without
it no action lies even against the acceptor.

 Payee must be certain.

 The drawee must be certain.

 The document must contain an order to pay money and money only.

 The time pay must be indicated in the bill.

 Must be adequately stamped.

13.LEGAL EFFECT.
The legal effect of drawing or accepting a bill payable to a third person is a contract.

14.DEFECTIVE BILL; ITS EVIDENTIARY VALUE.

15. Preclude.
Q. 6
In The Court of Senior Civil Judge, Lahore

Family Suit No: ----/2011

Muhammad Ahmad s/o Muhammad Ali, caste: Rajpoot, resident of M-

20 Model Town, Lahore

………….. Plaintiff

VERSUS

Saima Ali d/o Mohammad Ali, caste: Shaikh, resident of 81 -B Gulburg,

Lahore
…………
Defendant

SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

RESPECTFULLY SHEWETH,

1. That the marriage of parties took place on 26th January,

2007 at Lahore in accordance with Islamic rites against
prompt dower of Rs. 10,000/- which was paid at the time
of marriage.

2. That the parties lived amicably for about 1 year and during
this period, from the wed lock of the spouses, one child
son namely Moaaz was born who is in the custody of the
plaintiff.
 3. That the defendant was in a habit of going to her parent’s
house and not coming back within time and this always
created fuss between the parties.

4. That the defendant always demanded plaintiff to live in a

separate house and set up his own business instead of
living in a joint family system.

5. That the defendant went to her parent’s home two months

back on the pretext of her father’s ill health and refused to
come back in spite of repeated requests.

6. That the cause of action accrues in favour of plaintiff and

against the defendant firstly two months ago when the
defendant left the house and still continues.

7. That the marriage was solemnized at Lahore, dispute took

place at Lahore, hence this honourable court has
jurisdiction.

8. That the fixed court fee of Rs. 15/- has been affixed on the
plaint.

Prayer
It is therefore respectfully prayed that the suit of the
plaintiff be decreed in favour of the plaintiff as against the
defendant and defendant be ordered to come back and
perform her marital obligations. The cost of the suit may
also be granted.

Muhammad Ahmad

(Plaintiff)
Through

Mobushar Iqbal Chohan

(Advocate)
Verified on oath on 26th November, 2011 at Lahore that the
contents of para no 1 to 5 are true to my knowledge and
contents of para no 6 to 8 are best to my belief.

Plaintiff
Q. 7
In The Court of Senior Civil Judge, With the powers of Judge
Family Court, Lahore

Family Suit No: ---/2009

khadija Bibi d/o Jahangir Bakhsh, caste: Arayin, resident of H/no: 22/C
Samanabad Lahore
………….. Plaintiff

VERSUS

Shoaib Ahmad s/o Khair Din, caste: Arayin, resident of 110-B Town Ship,
Lahore
…………… Defendant

SUIT FOR DISSOLUTION OF MARRIAGE

RESPECTFULLY SHEWETH,

1. That the marriage of parties took place on 5th July, 2005 at

Lahore in accordance with Islamic rites against prompt
dower of Rs. 10,0000/- which is not paid despite repeated
demands.

2. That the parties lived amicably for about four years and
during this period, from the wed lock of the spouses; two children
 daughters namely Rubab and Seemal were born who are in the
custody of the plaintiff.

3. That soon after the marriage it came to the knowledge of the

plaintiff that the defendant is leading an immoral life and is
having no source of income at all. But even then the plaintiff
cooperated with the defendant and had been maintaining the
house necessities by teaching in a School.

4. That whenever the plaintiff asked the defendant for any job
he flared up and started beating the plaintiff ruthlessly and
turned the plaintiff out of the house in wearing apparels
along with minors, many a time.

5. That the defendant turned out the plaintiff from the house
two months back when she demanded him to pay the
doctor’s fee of the elder daughter and he refused and fought
with her.

6. That for the facts narrated above the plaintiff had developed
hatred thus it is impossible for the plaintiff to lead the
matrimonial life with the defendant within the limits by
Allah.

7. That the cause of action accrues in favour of plaintiff and

against the defendant firstly two months ago when the
plaintiff was turned out of the house and still continues.

8. That the marriage was solemnized at Lahore, dispute took

place at Lahore, hence this honourable court has jurisdiction.

9. That the fixed court fee of Rs. 15/- has been affixed on the
plaint.

It is therefore respectfully prayed that the suit of the plaintiff be decreed in

favour of the plaintiff as against the defendant and marriage of parties be
dissolved. The cost of the suit may also be granted.
 khadija Bibi
(Plaintiff)
Through

Mobushar Iqbal Chohan

(Advocate High Court)

Verified on oath on 27th Jan, 2009 at Lahore that the contents of

para no 1 to 6 are true to my knowledge and contents of para no 7
to 9 are best to my belief.

Plaintiff
Q. 8
GIFT DEED

THIS DEED OF GIFT is made today the 4th day of April 2002, between Kareem
Bakhsh S/o. Rasheed Bukhsh, Caste Arayin, resident of Village Sultan Pura,
Tehsil and District Sahiwal (hereinafter called the “Donor” KÇAË) of the
first/one part and Bashir Ahmad S/o. Shabbir Ahmad, Caste Arayin, resident of
Chak No. 5 South, Sargodha (hereinafter called the “Donee” îλA LÌÇÌ¿) of the
second/other part.

WHEREAS the Donor above named is sole/exclusive owner in possession of

agricultural land measuring into 2 acres, 5 kanals, 10 sarsahis, bearing
Mahdooda Khasra No. 105 to 107, Khatooni No. 7, Kheevat No. 9, Jamabandi
for the years 1994 to 1998, situated in the Revenue Estate of Village
Sultanpura, Tehsil and District Sahiwal.

AND whereas the Donee above named has rendered useful services to the
Donor above named during his illness and made the necessary expenses from
his pocket in his medical treatment when he was suffering from clinical
diseases in his senility and dotage.

WHEREAS the Donor above named out of natural affection and love transfers
by way of gift all that property detailed above in favour of the above said
Donee TO HOLD the same through his heir, executors, and administrators.

THE Donor hence to before transfers the property to the Donee and the Donee
does hereby accepts the delivery of the possession.

IN WITNESS WHEREOF the Donor and the Donee have affixed their signature to
the Deed of Gift on the day, month, and year above mentioned.
Donor Donee

Witnesses: 1. Witnesses: 2.
 Q. 9
RENT AGREEMENT

AN AGREEMENT for lease to let the house entered into on January 01, 2010,
between Muhammad Ai S/O. Nazir Ali, Caste Malik, resident of House No. 5 –
Shadman Colony, Lahore (hereinafter called “Landlord”) of the one part and Rana
Nadir Pervaiz S/o. Ghulam Muhammad, caste Arayin, resident of House No. 16,
Street No. 56, Johar Town, Lahore (hereinafter called “Tenant”) of the other/second
part.

WHEREAS the above named Landlord is owner in possession of the property

bearing No. 6 – Shadman Colony, Lahore, with all appurtenances and accessories.

AND WHEREAS the Tenant above named has agreed to take on rent and the
Landlord has agreed to rent out the above said premises to the Tenant.

Now the parties have mutually agreed on the following terms and conditions:

1. This Rent Agreement is valid for a period of one-year (twelve months)

commencing from the date of taking possession of Tenant.

2. The monthly rental amount of the rented premises is mutually fixed as Rs.
15,000/-.

3. The Landlord shall give a peaceful possession of the property in question to the
Tenant and the Landlord covenants that the property in questions is
free/immune from any sort of encumbrances and embargoes and all the taxes
have been paid by the Landlord to the concerned agencies.

4. The Tenant shall not sublet the premises in any case to any one without the prior
written consent of the Landlord and undertakes to pay the monthly electricity,
gas, water and telephone bills, the possession of which has also been delivered to
the Tenant. The telephone numbers are 7310274 and 0303-6404314

5. The Landlord does hereby undertake to white wash and make necessary repairs,
unavoidable in nature, periodically or at regular intervals at his own expenses.

6. The Tenant shall not make/enter any major change or alterations in the structure
of the building in general without the prior written consent of the Landlord.

7. The Landlord shall have the right to get the premises in question vacated with
three months’ notice in writing to the Tenant.

8. The parties hereto shall be bound by the provisions of the Rented Premises
Ordinance, 2007.
IN WITNESS whereof the parties have hereto at Lahore signed the day and year first
above written.
Landlord Tenant

WITNESSESNO1: WITNESSESNO2:

Name
Parentage
Address
CNIC No:
Q. 10
SPECIAL POWER OF ATTORNEY FOR COURT CASE

(Know all men by this power of attorney) I, Ali Ahmed s/o Ahmed
Hussain r/o 68 N Block Model Town Lahore appoint Mr. Ahmed
Hussain s/o Mukhtar Ahmed r/o 68 N Block Model Town Lahore as
my attorney in my name and on my behalf to execute or do all or
any of the acts or things hereinafter mentioned, in connection
with the suit titled Ali Ahmed V/S Mohammad Naeem for recovery
of Rs.13.5 (M), pending in the Court of Mr. Arshad Anjum Learned
Civil Judge, Lahore
That is to say ---
1. To sign and verify plaints, written statements, petitions of
claims and objections, memorandum of appeals and petitions
and applications of all kinds and file them in the said Court.
2. To make statements as evidence on my behalf.
3. To appoint any advocate or any other legal practitioner.
4. To compromise, compound or withdraw case, to confess
judgments and to refer cases to arbitration.
5. To appear and act in all the courts, civil, revenue or criminal
whether original or appellate, in the registration offices and
in any other office of Government or District Board,
Municipal Board or any other local authority.
6. To make and present to the said court of law any application
in connection with any legal proceedings pending therein.
7. To file applications for execution of decrees or orders and to
sign and verify such applications.
8. To apply for inspection and inspect documents and records in
the said court of law.
9. To obtain copies of documents and papers from the said
court of law.
10. To produce or summon or receive back documentary
evidence.
11. To deposit and withdraw any money for the purpose of any
proceedings.
12. Generally to do all other lawful acts necessary for the
conduct of the said case.

AND I hereby agree that all acts, deeds and things

lawfully done by my said attorney shall be construed as
acts, deeds and things done by me and I undertake to
ratify and confirm all and whatsoever that my said
attorney shall lawfully do or cause to be done for me by
virtue of the power hereby given.

IN WITNESS thereof I have signed this deed on this

_____ day of ______ 2010.

ATTORNEY:

WITNESSES NO1: WITNESSES NO2:

Name: Mohammad Sohaib Yusuf Name:
Zulfiqar Ali
Address: 22-Nicolson Road Lahore Address: 20 B
Str No 7-B Siddiqia Colony
Khokhar Road Badami Bagh
Lahore
CNIC No. 37392-0723176-3 CNIC No. 31182-
4181237-2
 Q. 11
WILL (CODICIL)

This is the last Will and testament of me Kaleem Akhtar S/o.

Nabeel Hussain, Caste Kakay Zai, resident of 12 – B, Umar
Block, Model Town, Lahore, made this deed of Will on the day
18th of April 2012.
I hereby revoke all former Wills and Codicils made by me.

I bequeath all my money and other moveable property

whatsoever and where-so-ever to my wife Memoona Begum
D/o. Riasat Ali, Caste Janjua absolutely.

I demise all my land and other immovable to my wife

Memoona Begum D/o. Riasat Ali, Caste Janjua for her life and
after her death to my daughter Miss Humaira Kaleem
absolutely and if the said Humaira Kaleem dies before me shall
void then to my nephew Muhammad Iqbal.
I bequeath the following annuities to commence from the date
of any death and to be paid and equal monthly payments to my
above said daughter. An annuity of Rs. 5,000/- to be paid
during her life, to my sister Mst. Gulnar Bibi, an annuity of Rs.
10,000/- during her life and after her death to be continued to
her son named Basharat Ali and also a sum of Rs. 5,000/- as
annuity to my old servant named Rafaqat Bilgrami.
IN WITNESSETH WHEREOF, I set my hand to the deed of Will
today 18th of April 2012.
Testator
Witness No:1 Witness
No:2
Q. 12

PROMISSORY NOTE

Rs. 50,000/- Lahore, April 20, 2002

Three months after date (or on demand) I promise to pay Mr. Sajjad Ali or
order (or bearer) Rs. 50,000/- (Rupees fifty thousand only) with interest @
10% p. a. until payment, for value received.

Pir Pagara
Q. 13
Bill of exchange

A bill of exchange is defined as follows:

A bill of exchange is an unconditional order in writing addressed by one person

to another, signed by the person giving it, requiring the person to whom it is
addressed to pay on demand or at a fixed time or determinable future time a
sum certain in money to or to the order of a specified person or to the bearer.

In documentary Credit operations, the exporter draws a bill of exchange on the

Issuing Bank. The bill should usually also show details of the Credit under which
it is drawn. The exporter should sign the bill on its reverse ("endorse it"), either:

"in blank" – i.e. "for and on behalf of UK Export Company Ltd,

[signature], James Smith (Director); or

"to the order of" – i.e. "Pay to the order of UK Export Bank Ltd",
followed by "for and on behalf of Export Company Ltd, [signature], James
Smith (Director)

The Buyer's bank, as the Issuing Bank for the documentary credit signifies that
acceptance of the bill by signing it on the front or the back.

Promissory note

A promissory note is defined as follows:

A promissory note is an unconditional promise in writing made by one person

to another, signed by the maker, engaging to pay, on demand or at a fixed or
determinable future time, a sum certain in money to, or to the order of, a
specified person or to the bearer.

Whilst a bill of exchange is essentially the exporter's demand for payment, a

promissory note is the buyer's promise to pay. (The same kind of promise is
carried on UK currency notes, signed by national bank officials.

(Some Countries) Bills of exchange attract stamp duty: promissory notes

(which do not attract duty) are preferred in such countries.
Q. 14:
CHARACTERISTICS AND ESSENTIALS OF

NEGOTIABLE INSTRUMENTS.

1. Preface.

Bills of exchange, pro-note and cheques are among the earlier types of negotiable
instruments which acquired popular usage. The emergence of new financial institutions in
recent years has fostered the growth of new instruments which possess many of the
characteristics of negotiable instruments. Negotiable Instruments, whether they be bill-of
exchange, cheques or other forms of securities normally exhibit common characteristics.
Unless these instruments manifest these characteristics, the law will not accord it status
of instruments.

2. MEANING OF NEGOTIABLE INSTRUMENTS.

3.NEGOTIABLE INSTRUMENTS DEFINED U/THE NEGOTIABLE INSTRUMENTE ACT,

SECTION 13.

4. NEGOTIABLE INSTRUMENTS IN VIEW OF JUCTICE WILLS.

“A Negotiable instrument is one the property in which is acquired by any person

who takes it bonafide and for value, not with standing any defect of title in the person
from whom he takes”

5. METHOD OF NEGOTIATION U/SEC 14.

This section deals with the method of the method of negotiation. a negotiable instrument
is a physical embodiment of rights and as such is capable of transfer like ordinary chose-in-
action which may take place either by assignment under the ordinary law relating to the
transfer of goods or by negotiaion.

6. NEGOTIATION.

It is a machinery which acts in transferring a negotiable instrument to a third party in such a

way that the 3rd party is constituted thereby the holder of the instrument so much so that
he or she may be entitled to the possession of the same and to sue thereon in his own name.

7. HOW TO NEGOTIATE.

A Pro-note, bill- of- exchange or cheque is negotiable by mere delivery of the instrument if
it is payable to bearer, and by endorsement and delivery if it is payable to order.
 8. WHEN INSTRUMENT IS NEGOTIATED.

HALSBURY 4TH ED ( PLZ REFER IT TO YOUR 1ST HAND- OUT.)

1. TRANSFERABILITY AND NEGOTIABILITY.

BYLES ON BILLS OF EXCHANGE 26TH ED PP 83&84

The term “ Transferable” and “ Negotiable” are hopelessly mixed up in the Act but
there is an implied distinction between “ transferable” and “ negotiable”. Transfer is the
physical act; negotiability on the other hand entails a transfer which carries consequences
or its effect.

2. CHARACTERISTICS OF NEGOTIABLE INSTRUMENTS

a. It should be in written form.

b. Signed.

c. Easy Transferable.

d. Right of ownership it can easily passes to one other person.

e. The holder in due course cannot affect by defect in title of his transferor or of
previous holder.

f. Negotiable Instrument can be payable to one or more payees

g. The holder in due course has right to recover amount from the parties

h. Liable for payment

i. Presumptions.

j. Better title of transferee.

k. Payable to order or bearer.

l. The holder has a right to sue in his own name.

m. Property in the instrument passes hand to hand.

n. It can be conveniently assigned in discharge of debt

11. ESSENTIALS OF NEGOTIABLE OF INSTRUMENT

 A. BILL- OF- EXCHANGE.

B. CHEQUE.

C. PROMISSORY NOTE.

12. Preclude
Q. 15

PROMISORY NOTE.

1.PREFACE.
The law relating to bills-of-exchange, cheques and
promissory notes is codified in the Negotiable Instrument
Act, 1881. Although these instruments are not identical,
the rights and liabilities flowing from them are similar by
virtue of the fact that all these three instruments belong to
the same class of negotiable instruments. Pro-note as one
of the instruments is widely used in money lending
transactions, thus resulting into flowing of various rights
and liabilities as it has legal significance
2.NEGOTIABLE INSTRUMENTS DEFINED U / SEC 13.

3.ESSENTIALS OF NEGOTIABLE INSTRUMENTS

4.PROMISSORY NOTE ONE OF THE SIGNIFICANT

INSTRUMENT…OBJECT.

5. RELEVANT PROVISION OF PROMISSORY NOTE.

 Section 4 of the Negotiable Instrument Act, 1881.
6. PRO-NOTE DEFINED U/ SEC 4.
 7. PRO-NOTE MEANING U/ BLACKS LAW DICTIONARY.

8. ANALYSIS OF SECTION 4.

A. “An instrument in writing”.

B. “Containing an unconditional undertaking”
1983 CLC 546
An unconditional undertaking to pay a certain
sum of money is an indispensable statutory requisite
Without which no instrument in writing can be a
Promissorynote within the meaning of the act.
C. “Signed by the maker”.
D. “ To pay on demand”
E. “ Fixed or determinable future time “.
F. “Certain sum of money”.
G. “Only to, or to the order of “
H. “A certain person”
I. “ To the bearer of the instrument”.

9. CONDITIONS OF A PRONOTE.

1. An unconditional undertaking to pay.

2. the sum should be to, or to the order of, a person
who is certain, or to the bearer of the instrument.
 3. The payment should be to a person or to a order
of a person who is certain or to a bearer of the
Instrument.
4. And maker should sign it.
If these four conditions are present it becomes a
pro-note.
10. KINDS OF PRO-NOTE U/ SEC4.
A. A promise to pay a certain sum of money to a
Person.
B. A promise to pay a certain sum of money to the
Order of a certain person.
C. A promise to pay to bearer.
11. PARTIES.
12. ESSENTIALS OF PRONOTE.
A. It must be in writing.
B. It must not be a bank note or currency note.
C. It must contain a promise to pay.
D. The promise to pay must be made by a maker.
E. The sum payable must be certain.
F. The maker must be a certain person.
G. The money should be payable on demand.
H. It can be payable at any future time.
I. Order must be of a certain person.
J. The payee must be a certain person.
K. A pronote is payable to bearer.
 L. The sum payable must be in legal tender money of
Pakistan.
M. It must be formal, certain regarding date, place or
time.

13. PROOF.
The party seeking to prove a promissory note
need not go behind the promissory note, he has only to
prove due execution of the note.
14. LIMITATION PERIOD.
Under Article 73 of the Limitation Act, a suit based on
a promissory note payable on demand has to be filed
within 3 yrs from the date of the note…
15. Preclude.
Q. 16
Draft Deed of Dissolution of Partnership

THIS DISOOLUTION OF PARTNERSHIP, made the 20 day of August 2004

between A.B, of etc. of the first part, C.D.. Of etc. (hereinafter called “the
surety”). Of the second part, and E.F., of, etc, of the third part: Whereas it has
been agreed between the parties hereto of the first and third parts that the
partnership subsisting between them in the business of, etc., carried on by
them at, etc. in the firm name of, etc under the provisions of a partnership
deed, dated, etc., and made, etc., A.B. the whole of the partnership stock,
effects and credits:

NOW THIS DEED witnesseth as follows:-

1. This said partnership shall stand dissolved by mutual consent as from the
date hereof, and the said business shall henceforth belong to and he carried on
by the said A.B.,

2. In consideration of the sum of Rs……..now paid (or agreed to be paid

hereafter) by the said A.B. and the surety to the said E.F., the said E.F., as
beneficial owner, hereby assigns to the said A.B., all his share and interest in
the said partnership the goodwill, fixtures, fittings, books and other debts,
benefits of contracts and all effects thereof other than what has been already
delivered to the said A.B. as aforesaid to hold the same to the said A.B
absolutely.

3. The said A.B, and the surety hereby jointly and severally agree with the said
E.F. that they, or one of them, will pay to the said E.F. the said sum of Rs….. by
the installments and at the dates followings, namely (state amounts and dates).
Any installment or any part thereof in arrear shall bear interest at the rate of
Rs…. Per cent, per annum from the date appointed for payment until payment
thereof.

4. The said A.B shall have full right and liberty in his own name to collect all the
assets of the said late partnership, and to ask, demand, sue for recover and
receive, and to sign and give full and effectual receipts and discharges for all
the debts, estate and effects of or due or owing or in anywise belonging to the
said late partnership, and to settle all accounts, reckonings, matters and things
whatsoever relative to the said business with all and every or any person or
person whomsoever, and to compound for or release all or any of the debts or
claims belonging thereto, and to institute any actions or other proceedings for
compelling actual payment or delivery thereof.

5. the debts and liabilities of the said late partnership estimated to amount to
the sum of Rs…. And all future rent of the partnership business premises shall
be paid and discharged by the said A.B, who shall indemnify the said E.F, there
from and from all actions, proceedings, costs, claims and demands in respect
thereof.

6. Each of the parties hereto shall respectively sing, execute and do all such
further documents, deeds, acts and things as the other party shall reasonably
require for completely effectuating this agreement, and each party shall pay
his own costs in connection therewith.

7. All moneys payable by installments at a future date under this agreement

shall become payable immediately in the event of any act of insolvency being
hereafter committed or suffered by the said A.B.
8. The said E.F., shall not, for the space of … years from the date hereof, carry
on or be engaged or concerned in, either by himself or as partner with any
person or persons or as employee or director of any person, person, firm or
company, the business of….etc, within ….. Miles of etc, but this clause shall
cease to be effect if there (or, etc) of the before mentioned installments shall
at any time be in arrears and unpaid.

9. For every breach of the clause 8 hereof, the said E.F, shall pay to the said A.B
he sum of Rs….. for ascertained and liquidated damages.
 ‫آپ سب کی دعاؤں کا ہمہ وقت طلب گار‬

‫لیکچرار‪ :‬مــبشراقبال‬
‫ایڈووکیٹ ھائی کورٹ‬
‫‪LL.B, LL.M, MSC, Dipl Communication Skills‬‬

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‫ایڈریس‪ :‬ھجویری ٹاور بیسمنٹ ‪ 01-B‬چوبرجی چوک‬
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