INTERNSHIP REPORT

A Report Submitted

To

BAHAUDDIN ZAKARIYA UNIVERSITY MULTAN

For the Degree of

LL.B (Hons)

By

Muhammad

Jamil Roll No.

31 Section (C)

Session 2017_22

GILLANI LAW COLLEGE

BHAUADDIN ZAKARIYA UNIVERSITY

MULTAN
 CERTIFICATE

It is certified that the work contained in this internship report writtenby Muhammad Jamil Roll
No 31 Session 2017-2022, has been carried out under my supervision and is approved for
submission in partial fulfillment of the requirement for the degree of LLB (Hons.).

Muhammad Abid

Advocate High

court

Shaheed Yasir Zakria Law

Chamber

District court D.I.Khan

 CERTIFICATE

It is certified that the work contained in this internship report written by Muhammad Jamil Roll
No 31 Session 2017-2022, has been carried out under my supervision and is approved for
submission in partial fulfillment of the requirement for the degree of LLB (Hons.).

Rahim Khan

Advocate High

court

Shaheed Yasir zakria law chamber

District court D.I.Khan

 DECLARATION

I hereby, declare that the work reported in this report was performed under the supervision of
Advocate High Court, Muhammad Abid , at Shaheed Zakria Law Chamber District Court
D.I.Khan, for the degree of LL. B (Hons).

I also hereby, affirm that the material of this report neither has been submitted elsewhere, nor
is being submitted for any other degree. I further state that the work described in this report is
the result of my own research and wherever the work of any other researcher is used; it has
been accordingly acknowledged.

Muhammad Jamil

Roll No. 31

Session 2017-2022

LL. B (Hons) Morning

 Dedication

Every challenging work needs self-efforts as well as guidance of Elders especially those who
were very close to our heart.

My humble effort, I dedicate to my sweet and

loving Father and Mother

Whose affection love and encouragement and prays of day and night make me able to get
such success and honor,

Along with all hard working and respected supervisor

Advocate Muhammad Abid

 ACKNOWLEDGEMENT

Alhamdulillah, praise to ALLAH our creator. I am so blessed that I have managed to put an
end to my internship session successfully with ALLAH’S blessings. I would like to thank
Him for giving me good health and ability to go through my internship peacefully and well.

I express my sincere thanks to Sir Rao Imran Habib, principal Of Gillani Law College, BZU
Multan.

I would like to express my special thanks of gratitude to my supervisor Advocate Dr.

Muhammad Bilal for granting me the opportunity to intern under him. His support and
guidance helped me in learning a lot about the practical side of law. I am grateful to all the
members of Shaheed Zakria Law Chamber for the hospitality, guidance and the facilitating in
line with the legal profession that they gave me.

In a special way, I would also like to thank my internship coordinator Sir Dr Muhammad
Bilal for the guidance, mentorship and the time he gave me during the internship period to
ensure that my internship program was a success. I wouldn’t have reached to this level
without your support.

Finally, I extend my heartfelt gratitude to my family members especially my parents for the
maximum support they have financially, morally and emotionally offered to ensure that my
internship exercise is successfully finished. I wish all of you success and prosperity in your
future endeavors.

Last but not the least; I would like to thank my classmates who have helped me a lot.

MAY GOD BLESS YOU!

 EXECUTIVE SUMMARY OF INTERNSHIP
REPORT

I did my internship in Shaheed Zakria Law Chamber (SYZLC) D.I.Khan where I was guided
by my seniors and supervisor. The internship basically revolved around the intern getting to
have some experience of daily professional life of lawyers.

In this report I have discussed the history of DBA D.I.Khan and the courts that function here.
I have also mentioned about the evolution of law in our country and the judicial system that
prevails in our region followed by a brief introduction of SYZLC its associates their expertise
and the achievements that they have made in their life.

I have in detail explained the progress that I made during my internship period and also
discussed the internship objectives that I was able to achieve. I have later on given the detail
of work that I did and my understanding of the procedures that I saw during my time of
internship. I have explained all these in accordance with the internship objectives that were
provided to me by the internship coordinator.

As I saw the procedural implementation of our country’s statutes for the very first time so I
observed a lot of variations in the written and procedural work. I have discussed those in my
report as well. At the end of my report I gave some recommendations that I believe will be
helpful in improving the process of internship for the future interns.

Later on at the end of my internship report I concluded all the things that I discussed in the
report.
 LIST OF ABREVATION

CPC Civil procedure code

CrPC Criminal procedure Code
FIR First Information
Report POA Power of
Attorney

SRA Specific Relief Act

S/O Son of

R/O Resident of

HCBA High Court Bar Association

DBA District Bar Association

SC Supreme Court

HC High Court
Overview Of Bar Associations

Supreme Court Bar Association of Pakistan

The Supreme Court Bar Association of Pakistan (SCBAP) was established in 1989
comprising of Supreme Court lawyers from all over Pakistan. It is an independent Bar
Association whose aim is to uphold the rule of law, cause of justice and protect the interest of
the legal profession as well as that of public. SCBAP is governed by an Executive Committee
which consists of 22 elected members annually. Its mission is to provide welfare to its legal
community, a platform to the members to raise voice against unjust government functionaries
and to provide speedy justice to the people of Pakistan.

Lahore High Court Bar Association

Lahore High Court Bar starts functioning since1882. The High Court Bar Association, like
other Bar Associations the world over, has been an autonomous body, with its affairs
controlled and managed, subject to the control of the members in General Meeting assembled
and by the Rules of the Association, by a Committee comprises of the President, Vice
President, Secretary, Treasurer and a number of members. It has 22848 members since 2013.

Sindh High Court Bar Association

Sindh High Court Bar Association was established in the year 1952. Sindh High Court Bar
Association is an association of 2500 members of Professional Lawyers. The Sindh High
Court Bar Association has been an autonomous body, with its affairs controlled and
managed, subject to the control of the members in General Meeting assembled and by the
Rules of the Association.

Balochistan High Court Bar Association

The Balochistan High Court Bar Association is an autonomous body, with its affairs
controlled and managed, subject to the control of the members in General Meeting assembled
and by the Rules of the Association, by a Committee comprises of the President, Vice
President, Secretary, Treasurer and a number of members.

Peshawar High Court Bar Association

 The Peshawar High Court Bar Association is an autonomous body, with its affairs controlled
and managed, subject to the control of the members in General Meeting assembled and by the
rules of the Association, by a Committee comprises of the President, Vice President, Secretary,
Treasurer and a number of members.

District Bar Associations

There are district bar associations in each district of Pakistan and they are the autonomous
bodies and have been constituted on various dates, which are governed by the committees of
the elected representatives of respective districts.
BRIEF HISTORY OF D.I.KHAN BAR
BREIF HISTORY OF CHAMBER

Chamber was founded by Adv Muhammad Abid and Adv Shaheed Yasir Zikariya in 2007.
Due to hardworking and competency SYZLC become more successful every day and its fame
started to spread. Unfortunately Yasir Zikariya got martyred in an incident near his home.
Currently Muhammad Abid is head of SYZLC.

Members Detail

•Muhammad Abid Current head of SYZLC.

He did his L.L.B from Gomal University.

•Rahim khan He is most talented in Criminal Cases. He did his L.L.B from Khyber Law
College.

•Abdullah Baloch He is known as one of the most export in civil cases at D.I.Khan Bar.

He did his L.L.B from Gomal University.

•Hebat Baloch His main focus on civil. He did his L.L.B from Gomal University.

•Muhammab Ishtiaq Qureshi His main focus on criminal cases. He did his L.L.B from
Gomal University D.I.Khan.

•Ghulam Gillani senior member of SYZLC. His main focus on civil cases. He did his L.L.B from
Gomal University D.I.Khan.

Comments:

Shaheed Yasir Zakariya Law Chamber (SYZLC) is an excellent place for internship as it
offers a friendly environment which not only motivates the interns to focus on their aims but
the members of SYZLC also offer their help in every manner possible. I am very thankful to
my supervisors, Muhammad Abid Adv and RahimUllah khan Adv for having accepted me as
an intern and teaching me in a manner that sparked my interest in the field of professional
Advocacy.
JUDICIAL SYSTEM OF PAKISTAN

I am going to introduce the judicial system in Pakistan and its origin. I would also make
humble venture to dispel the incorrect perception entertained by certain about Islam and its
practices. I would also narrate some historical events which created great hurdles in the
flourishment of democracy in Pakistan.

Rationale behind creation of Pakistan was that Muslims should be able to live their lives
according to their religion. The country was created with the partition of India in the year
1947 by the British through Indian Independence Act, 1947. At its creation for the time being
it was governed by the Government of India Act 1935. However, the principles laid down by
the Quranic injunctions revealed fourteenth centuries earlier regarding administration of
justice, good governance through democratic means and establishment of social justice with
full emphasis on independence of judiciary were incorporated in the Objective Resolution
adopted by the Constituent Assembly of Pakistan on the 12th March 1949. The main feature
of this Resolution was to make the country, a democracy, based upon Islamic Social justice in
every sphere of life. The first constitution of Pakistan by the Constituent Assembly was
framed in the year 1956 and in the preamble the objective Resolution which could be termed
as a ground norm of the constitution of Pakistan was incorporated, featuring federalism,
parliamentary form of government, independence of judiciary and social welfare state.

In the preamble of every constitution it is mentioned that sovereignty over the entire universe
belongs to Allah (God) Almighty and the authority to be exercised by the people of Pakistan
within the limits prescribed by Him is a sacred trust. So the chosen representatives according
to the constitution are trustee and they are to perform their functions accordingly.

The objective Resolution which was passed in the year 1949 became part of the substantive
constitution by incorporating Article 2A in the year 1985. .

However, unfortunately a military dictator did not allow the constitution of 1956 to function
and abrogated the same in the year 1958 at its very infancy and derailed the democratic
system. Another constitution was framed in the year 1962 which too was abrogated in the
similar manner by another dictator in the year 1969. Where after, the elections were held and
a democratic government came into being in the year 1971. This government promulgated the
constitution in the year 1973 fully based upon the democratic system as well as other clauses
mentioned in earlier constitution.
Presently the Judicial system of the country according to this Constitution is being regulated
under Article 175 which provides for the establishment of a Supreme Court and High Courts
in each of the four provinces, i.e. Punjab, Sindh, Balochistan and Khyber Pakhtunkhwa.
Recently through an amendment, a High Court for Islamabad capital territory has also been
established. This Article also provides for the establishment of other courts through law and
accordingly Civil Courts and Criminal Courts stood established respectively under Civil
Courts Ordinance 1962 and Code of Criminal Procedure 1898. Article 227 of the constitution
has also established Federal Shariat Court, the jurisdiction of which is in the following terms.

“All existing laws shall be brought in conformity with the Injunctions of Islam as laid down
in the Holy Quran and Sunnah, in this part referred to as the Injunctions of Islam, and no law
shall be enacted which is repugnant to such Injunctions”.

In short the Judicial System of Pakistan broadly may be divided into three classes, i.e.
tricotomy of Judicial System.

(a) Superior judiciary comprising of Supreme Court, Federal Shariat Court and High Courts.

(b) District judiciary comprising of Civil and Criminal Courts created by acts working under
the supervision and control of the respective High Courts under Article 203 of the
Constitution.
(c) The Administrative Courts, Tribunal and Special Courts created under different laws.
 INTERENSHIP
PLAN

From 28/6 to 10/7

Date Work On Learnt Lesson

•The skills of how to give

introduction particularly in
28/6 Formal visit to district Bar D.I.Khan the interviews
•How to complaint proceed

Complaint [Judicial Observation] Noor •Dismissal of complaint

29/6
Muhammad vs Manzoor Ahmad
•Relevant Provisions
200_204 Crpc

•How to draft plaint •Order 7

of Cpc

•Rejection of plaint •
30/6 to1/7 Plaint & Written Statement [Judicial Procedure of written
Observation] Shah fayaz vs Govt kpk statements •Particular of
written statements for filing
 •Order 8 CPC
•Who can lodge F.I.R
•Where F.I.R should be filed

F.I.R [Judicial Observation] •Imran vs state •When should it be filed

2/7 to 3/7
[offence 9D CNSA]
•Objections •Essential of

F.I.R •Procedure of filing

F.I.R •Six Column of F.I.R

Regulr Bail [Judicial Observation] Suleman VS •Relevant Provisions Sec 496

5/7
state _502 •Kinds of Bail

•The ground on which pre

Bail Before Arrest (BBA) [Judicial
arrest bail is granted
6/7 Observation] •Ramzan vs State
•Relevant Sec 498 Crpc

•Failing of suit •Family suit [Judicial •How to read and file family
7/7
Observation] Sumiya Vs Ithashim suit
•Declarative Suit [Judicial Observation] •inam •How to read and also its
8/7
vs Nadra process of filing

•Mode of service of
summons •when it is served
Summon +warrant +Notice [judicial
9/7 to 10/7
observation] Zeeshan vs State •object of warrant •Execution
of warrant

From 12/7to 27/7

16/7 •Bail performa How to filled

17 to 19/7 •Application submitted before U/S 491 CRPC •How to draft •the ground on
which it is filed

20/ to 25/7 •Eid Ul adha

26/7 to 27 •How to arrange witnesses for cross Determine your goal for
examination witnesses •Make sure you
have a cross examination
plane •keep it short •Know

when to stop

From 28/7to11/8

28/7 •Argument in the court of Civil judge 3 / Gul •Revision F•I•R

Alam Vs Qayyum Nawaz

29/7 •Argument in the court J.M1 /Naik salam VS

state

30/7 •Argument in the court J.F.C 2 Sumiya Vs

Ithashim Farooq
31/7 •Argument in the court of J.M1 / Noor •Discuss About Bail

Muhammad Vs Manzoor Ahmad

2/8 to 3/ 8 •Application U/S Order 1 Rule 10 •How to draft •The ground

on which it is filed
4/8 to 6/8c • proceeding in the court including Recording of •Learnt About
procedure Recording of
Evidence
evidences
8/8 to 11 /8 •Farming of issue •Type •Material •Why
framing of issue is an integral

part of a suit

From12/8 to 28/8

12/8 to 16 Appeal •Basic Concept • General

 Rule

17 to 22/8 Muharam

23/8 to 28/8 Review/ Revision •Basic Concept •Grounds

 INTERNSHIP OBJECTIVES

1. COMPLAINT

Complaint” means the allegation made orally or in writing to a Magistrate, with a view to

his taking action under Cr.P.C. that some person whether known or unknown, has

committed an offence, but it does not include the report of a police officer”.

The definition shows that for a valid and legal complaint it is essential that there must be:

i. An allegation (oral or written) that some person (known or unknown) has committed
an offence,
ii. Made to a Magistrate, and
iii. with the object that he should take action under the law; but a complaint does not include
the report of a police officer.

A Magistrate can take cognizance of an offence which appeared to be involved in a criminal

transaction irrespective of the section actually charged against the accused. There is no
limitation provided for filing of a direct complaint but the longer its delay, the more the
chances of not believing its truth.

2. Relevant Provisions

Section 200 to 204 of Criminal Procedure Code 1898.

PROCEDURE OF COMPLAINT

Offences triable by magistrate:

Where the complaint shows that the alleged offence is triable by Magistrate, the Magistrate
taking cognizance of the offence on complaint shall at once examine the complainant upon
oath, and the substance of the examination shall be reduced to writing and shall be signed by
 the complainant and also by the Magistrate. Mere reading of S. 200 reveals that it is an
essential requirement that substance of examination of complainant shall be reduced in
writing and shall be signed by the complainant and also by the Magistrate. Magistrate, if
necessary, conducts a preliminary inquiry in order to determine the truth or falsehood of the
allegation; such inquiry. He may also be directed for investigation by police. Main object of
S. 200, Cr.P.C. dealing with examination of the complainant was to protect the public
from false, frivolous and vexatious complaints filed against them in Criminal Courts.
Magistrate must not lightly accept the written complaint and should not proceed to issue
process until he had fully sifted the allegations made against the accused and was satisfied
that prima facie the case had been made out against those who were accused of the criminal
offences. It is worth mentioning that under section 200, Cr.P.C., Magistrate has the option
of only one of two alternatives, either to enquire into case himself or to direct an
investigation. He cannot have recourse to both alternative investigation can be ordered under
section 202 without examining the complainant. Section 203 of the Code empowers a
Magistrate to dismiss a complaint if he finds himself convinced by the investigation or
inquiry that there does not exist sufficient ground for proceeding with the matter.If the
Magistrate deems fit that the case is of taking cognizance, he may do so andit like a
regular trial. After taking cognizance, he may issue summons for procuring attendance of
the accused on a date appointed by him, and, if on such date, the complainant does not
appear then upon non-appearance of the complainant, except where the complainant is a
public servant and his personal attendance is not required, he may either acquit the accused or
adjourn the matter as the circumstances may suggest. Besides, if before passing final order
or judgment,application for withdrawal of the complaint is filed, Magistrate may if there
are reasonable grounds, allow the withdrawal and thereupon acquit the accused. Where a
complaint is laid before a Magistrate who does not have territorial jurisdiction, the proper
course is to return the complaint to be placed before the proper Court.

Offences triable by Court of Session:

Under section 200(a) of Cr.P.C. where a complaint in writing is made before a Magistrate,
Magistrate shall not be required to examine the complainant and he may send the case to the
Court of Sessions. The Court of Sessions may send the matter of inquiry to the Magistrate, if
it may deem fit and, in such case,, he may conduct preliminary inquiry in the same manner as
if it was triable by his court and then send the findings in a report to the Court of Sessions.
Non-examination of Complainant

In following cases, complainant is not examined:

i. Transfer of case under Section No. 192 of Cr.P.C or sending of case to Court of Session
ii.Complaint by court or Public Servant

When a written complaint is made, the magistrate is not required to examine the complainant

before transferring the case under Section No. 192 of Criminal Procedure Code or before
sending the case to Court of Session. Examination of complainant is not required in that case in
which written complaint is made by court or public servant, who acts or purports to act in
discharge of his official duties. When a case is transferred under section No. 192 of Criminal
Procedure Code and that magistrate, who transfers the case, has already examined the
complainant, the Magistrate to whom the case is transferred is not bound to re-examine
complainant.

Issue of process:

If the court opines that there is sufficient ground for proceedings, the court can issue a
process for summoning of accused. Even a court can issue a warrant for bringing an accused
before itself. If court thinks fit, it can postpone issue of process for compelling attendance of
accused and can it inquire into case or can direct making of inquiry of investigation by any
justice of peace or police officer. Even it can direct the making of inquiry or investigation by
such a person as it thinks fit. And ascertaining of truth or falsehood of complaint is the
purpose of such inquiry or investigation.

Dismissal of complaint:

After considering the statement of the complainant on oath and result of inquiry or
investigation, if the court considers that there is no sufficient ground for proceeding, the court
can dismiss the complaint. However, the court is to record its reasons for such dismissal.

2. PLAINT AND WRITTEN STATEMENTS

A plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the contents
of the civil suit are laid out. Through such a plaint, the grievances of the plaintiff are spelled
out, as well as the possible causes of action that can arise out of the suit. A plaint which is
presented to a civil court of appropriate jurisdiction contains everything, including facts to
relief that the plaintiff expects to obtain.

Although it hasn’t been defined in the CPC, it is a comprehensive document, a pleading of

the plaintiff, which outlines the essentials of a suit, and sets the legal wheels up and running.
Order VII of the CPC particularly deals with a plaint. A few of the essentials of a plaint
implicit in itself are those only material facts, and not all facts or the law as such is to be
stated, the facts should be concise and precise, and no evidence should be mentioned.
 .

PROCEDURE FOR ADMISSION OF THE PLAINT:

When the court serves the summons for the defendant, according to Order V, Rule 9, the
plaintiff must present copies of then plaint according to the number of defendants, and should
also pay the summons fee, within seven days of such a summons.

THE PARTICULARS OF A PLAINT CAN BE DIVIDED INTO THREE IMPORTANT

PARTS SUCH AS HEADING AND TITLE, BODY OF THE PLAINT, AND RELIEF
CLAIMED.

HEADING AND TITLE:

* NAME OF THE COURT: The name of the court should be written as the heading. It is not
necessary to mention the presiding officer of the court. The name of the court would be
sufficient. Eg. In the Court of District Judge, Kolkata.
* PARTIES TO THE SUIT: There are two parties to every suit, the plaintiffs and the
defendants. For the purpose of the suit, the name, place, and description of the residence of
both the plaintiffs and the defendants have to be mentioned in the particular plaint.

When there are several plaintiffs, all of their names have to be mentioned and have to be
categorically listed, according to their pleadings, or in the order in which their story is told by
the plaintiff.

Minors cannot sue nor can be sued. So if one of the parties is a minor or of unsound mind, it
will have to be mentioned in the cause title.

TITLE OF THE SUIT:

The title of the suit contains the reasons for approaching the court and the jurisdiction before
which the plaint Is initiated.

BODY OF THE PLAINT

This is the body of the plaint wherein the plaintiff describes his/ her concerns in an
elaborative manner. This is divided into short paragraphs, with each paragraph containing
one fact each
Relief:

Every plaint must state specifically the relief claimed by the plaintiff either simply or in the
alternative. It is the last part of the plaint. It must be claimed properly and accurately. Every
plaint must state specifically the kind of relief asked for, be it in the form of damages,
specific performance or injunction or damages of any other kind. This must be done with
utmost carefulness because the claims in the plaint cannot be backed by oral pleadings.

PLAINT DRAFT SAMPLE

IN THE COURT OF SENIOR CIVIL JUDGE, D.i.khan.

Suit No / 19

Mr. , S/o caste R/o District D.i.khan.

VERSUS

Mr. S/o R/o , caste district D.i.khan.

SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

RESPECTFULLY SHEWETH:- 1.

2. 3. 4. 5.

6.

VERIFICATION

Verified on oath at D.I.Khan, that the contents of plaint are true and correct to the best of my
knowledge and

Beliefs.

Related to cause of action(the circumstances which leads you to ask for Relief to court)
That the cause of action accrued at D.i.khan, and the suit land is also situated at D.i.khan,
hence the honorable court has got the jurisdiction to entertain and try the suit and adjudicate
upon the matter.

That value of the suit for the purposes of court fee and jurisdiction is fixed at Rs. / which is
exempted from levy of the court fee.

PRAYER

(what relief you wanted)

THROUGH

PLAINTIFF

DEFENDANT

39

...Plantiff.

ADVOCATE HIGH COURT, DISTRICT COURT D.I.Khan

WRITTEN STATEMENT

“Written Statement is defined in Order 8 of CPC”

Written statement is the statement or defence of the defendant by which he either admits the
claims of the plaintiff or denies the allegations or averments made by the plaintiff in his
plaint.

Essentials of written statement:-

1) Heading and Title. 2) Body of the written statement. 3) Signature and verification a)
Constructive admission caused by defective denials (Order VIII Rule 5) b) Constructive
admission caused by non- filing of written statement. (Order VIII Rule 5(2))

Who may file written statement:-

A written statement may be filed by the defendant or by his duly authorized agent. In the case
of more than one defendants, the common written statements filed by them must be signed by
all of them. But it is sufficient if it is verified by one of them who is aware of the facts of the
case and is in a position to file an affidavit. But a written statement filed by one defendant
does not bind other defendants.

3. First information Report(FIR)

First Information Report (FIR) is a written document prepared by the police when they
receive information about the commission of a cognizable offence. It is a report of
information that reaches the police first in point of time and that is why it is called the First
Information Report.
 It is generally a complaint lodged with the police by the victim of a cognizable offence or by
someone on his/her behalf. Anyone can report the commission of a cognizable offence either
orally or in writing to the police. Even a telephonic message can be treated as an FIR.

It is a duty of police to register FIR without any delay or excuses. Non-registration of FIR is
an offence and can be a ground for disciplinary action against the concerned police officer.

Cognizable Offence:

A cognizable offence is one in which the police may arrest a person without warrant. They
are authorized to start investigation into a cognizable case on their own and do not require
any orders from the court to do so.

Non-cognizable Offence:

A non-cognizable offence is an offence in which a police officer has no authority to arrest

without warrant. The police cannot investigate such an offence without the court’s
permission.

Why is FIR important?

An FIR is a very important document as it sets the process of criminal justice in motion. It is
only after the FIR is registered in the police station that the police start investigation of the
case.

According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a
relevant fact.

Who can lodge an FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not
necessary that only the victim of the crime should file an FIR. A police officer that comes to
know about a cognizable offence can file an FIR himself/herself. You can file an FIR if:

1. You are the person against whom the offence has been committed.

2. You know yourself about an offence, which has been committed.

 3. You have seen the offence being committed.

The police may not investigate a complaint even if you file an FIR, when: 1. The case is not
serious in nature;

4. The police feel that there is not enough ground to investigate;

5. The police resources are already over-committed in investigating more serious offences.

However, the police must record the reasons for not conducting an investigation and in the
latter case must inform you (Section 157 of the Code of Criminal Procedure, 1898).

What is the procedure of filling an FIR?

The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal
Procedure, 1898. It is as follows:

1. When information about the commission of a cognizable offence is given orally, the
police must write it down.
2. It is your right as a person giving information or making a complaint to demand that
the information recorded by the police is read over to you.
3. Once the police have recorded the information in the FIR Register, the person giving
the information must sign it.
4. You should sign the report only after verifying that the information recorded by the
police is as per the details given by you.
5. People who cannot read or write must put their left thumb impression on the
document after being satisfied that it is a correct record.
6. Always ask for a copy of the FIR, if the police do not give it to you.
7. It is your right to get a copy of FIR free of cost.
4•BAIL, IT'S KINDS AND GROUNDS

1. Introduction

The concept of bail is not new. Basic Philosophy behind the concept of bail is that accused
should be released from the custody of law enforcing agency into the custody of sureties.
This is an interim order which can be withdrawn by the court at any stage according to
circumstances.

2. Relevant Provisions

Section 496, 497 and 498 of Cr.P.C is a relevant provision

3. Meaning of Bail

Bail means the security, which court requires for release, of some accused. It is, in fact,
transfer of accused from judicial custody to sureties with this condition that sureties will
remain bound for future appearance of accused in court whenever accused appearance will be
required.

4. Kinds of Bail

Bail is of the following three kinds.

i. Bail After Arrest / Post Arrest Bail

It is a bail which is granted to the accused person, after his arrest, both in bailable and non-
bailable offence. When the accused has been arrested by the law enforcing agency, bail may
be generated to him under section 497 of Cr.P.C.

ii. Bail before Arrest / Pre-Arrest bail

Bail before arrest is a bail which is granted in a case where court feels perhaps accused has
falsely involved in case and he is likely to suffer irreparable injury to his dignity, honor, or
reputation by his arrest.
Note: In bail before arrest, registration of case is necessary.

i. Protective bail

The protective bail is granted to accused enable him to approach the concerned court of other
provinces for the purpose of obtaining pre-arrest bail without touching its merits.

ii. Direct approach to High court

Superior courts can entertain application for pre-arrest bail and can grant relief to accused in
appropriate cases where accused could inter alia, established that he was prevented from
approaching lower court concern.

iii. Bail after Conviction

It is granted when after conviction of accused, the appeal has been accepted for hearing and
the court observes that there are grounds for the release of the accused, therefore, it accepts
the bail petition and allows bail also under section 426.
 5. Kinds of Bail by Nature
By nature, bail may be divided into following two kinds.

i. Interim Bail

It is a bail which is granted by the court without hearing the prosecution for a specified period
of time.

ii. Permanent or Confirmed bail

It is a bail which is granted by the court after hearing both the parties, i.e., petitioner and
prosecution.

6. Pre-conditions or Essential ingredients of Confirmation of Pre-arrest /

before arrest Bail

Following confirmation of pre-arrest / before arrest bail, following are pre-conditions or

essential ingredients.

iii. Ulterior Movies

Arrest of petitioner should be for some ulterior motives. In fact, there should be doubt that
motive for involvement of accused in some criminal case in not pure. If ulterior motive is
proved, pre-arrest bail can be confirmed. If it is also proved that apprehension of imminent
arrest, humiliation and unjustified harassment of accused due to some ulterior motive or mala
fide on part of authorities or other influential persons.

iv. Heinousness of offence

Heinousness of offence is of no importance as far as granting of pre-arrest bail is concerned.

In fact, pre-arrest bail cannot be refused due to heinousness of offence.

v. Commission of offence

Pre-arrest bail can be confirmed when investigation is completed and it shows that accused
has not committed offence.

vi. Physical Surrender

Petitioner / accused should physically surrender himself before court. It means that no pre-
arrest bail can be granted to absconder.
 vii. Fit case

Case of petitioner should be fit case so that court can exercise its discretion of confirmation
of bail. If case of petitioner is fit case for court to exercise its discretion, pre-arrest bail can be
granted.

viii. Bail Bond

Pre-arrest bail can be confirmed when accused is ready to submit bail bond is prescribed
manner under Criminal Procedure Code.

7. Pre-conditions or Essential Ingredients of confirmation Post-arrest/ After-arrest bail

For confirmation of post-arrest (after arrest) bail, following are pre-conditions or essential
ingredients.

ix. Prohibitory Clause

According to Section No. 497 of Criminal Procedure Code, post-arrest bail cannot be granted
when there exists reasonable grounds for believing that petitioner has been guilty of that
offence, which is punishable with death or imprisonment for life or imprisonment for ten
years. It reveals that pre-condition or essential ingredient for confirmation of post-arrest bail
is that alleged offence should not fall within prohibitory clause of Section No. 497 of
Criminal Procedure code.

x. No Reasonable Ground for commission of Non-bailable offence

Another pre-condition or essential ingredient for confirmation of post-arrest bail is that there
should be no reasonable grounds for believing that accused has committed non-bailable
offence.

xi. Sufficient grounds for further Inquiry

For confirmation of post-arrest bail, there should also be sufficient grounds for further inquiry
into guilt of accused.
 Xii. Bail Bond

Post-arrest bail can be confirmed when accused is ready to submit bail bond in prescribed
manner under Criminal Procedure Code.

6. Ground for granting of bail in Non-bailable offence

Following are grounds upon which bail can be taken or granted in non-bailable offence

i. Personal enmity

When it is proved that there exists personal enmity between accused and complainant, bail
can be taken in non-bailable offence.

ii. Rule of Consistency

If co-accused of some non-bailable offence has already been granted bail, bail of petitioner /
other co-accused can be taken. It reveals that rules of consistency can be ground for granting
bail.

iii. Child or Woman

When accused / petitioner is child or woman, bail can be taken in non-bailable offence.

iv. Sick or Infirm Person

When accused / petitioner is sick or infirm person, bail can be granted in non-bailable
offence.

v. Insufficient evidence

If insufficient evidence is available against commission of alleged non-bailable

offence, bail can be taken.

vi. Doubt or Recovery

When facts and circumstances of criminal case of non-bailable offence are like those that
such case become doubtful or nothing is recovered from accused, bail taken in non-bailable
offence.
vii. Delay in Registration of FIR or Trial

When there is delay in registration of FIR and no sufficient ground is present for such
delay and delay in trail, bail can be granted in bailable offence.

Conclusion

To conclude, it can be started that bail in case of bailable offence is matter of right and it should
be granted in cases of bailable offence. However, bail in case of non-bailable offence is not a
matter of right. Rather it is a statutory concession, which court can grant in exceptional
circumstances where pre-conditions or essential ingredients for granting of bail exist.
BAIL APPLICATION

IN THE COURT OF _, ADDITIONAL DISTRICT AND SESSION JUDGE, COURTS,

IN THE MATTER OF:

LMN, _, Son of Years of Age, Working as _ Residing at

........... Petitioner

Versus

State of Through PQR, Son of _, _ Years of age, Working as Residing at

...........Respondent

FIR No.:

U/s:

P.S.:

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE

1973 FOR GRANT OF BAIL

Most Respectfully Show:

1. That the present application under section 439 of the Code of Criminal Procedure 1973
is being filed by the Petitioner for seeking grant of bail in FIR No. _ registered at Police
Station. The present petition is being moved as the Petitioner has been arrested on
(give date) in connection with the said FIR. The petitioner is now in judicial/police custody.
2. That the Petitioner is innocent and is being falsely implicated in the above said case as
he has nothing to do with the matter.
3. (Give all other relevant facts, which have led to the arrest or which show the
petitioner's innocence or disassociation with the alleged offence supposed to have been
committed)
4. That the Petitioner is innocent and no useful purpose would be served by keeping him
under custody and this is a fit case for grant of bail. (It would be pertinent to mention as
to the stage of investigation or in case the charge sheet has been filed, whether charges
have been imposed, evidence has started, the length of the list of witnesses cited by the
prosecution etc. as these would all be mitigating circumstances)
5. That the Petitioner undertakes to abide by the conditions that this Honorable Court
may impose at the time of granting bail to the Petitioner and further undertakes to attend
the trial on every date of hearing.
6. That the Petitioner has not filed any other similar petition before this or any other
Honorable Court for grant of bail in case of the present FIR. (Or give details and results of
earlier applications)

PRAYER:

In view of the above stated facts and circumstances it is most respectfully prayed that this
Honorable Court may be pleased to

a. Grant bail to the Petitioner in connection with FIR No. _ registered under section _, for
the offence of _ (give sections) at Police Station (give place).
b. Pass any other such order as this Honorable Court may deem fit and proper in the
interest of justice.

LMN.......Petitioner

Through

ABC........Counsel

Place:

Dated:
 5•SUMMON AND NOTICE

Summons

A summons is a form prepared by the plaintiff and issued by a court that informs the
defendant that they are being sued or are required to appear in court. It may be served by a
sheriff or other authorized person, such as the process server.

What Are the Rules Regarding a Summons?

Each jurisdiction determines its own set of rules of civil procedure. However, many model
after the Federal Rules of Civil Procedure. These rules state that a summons must include the
name of the court, the parties, the plaintiff’s attorney’s address and the time when the
defendant must appear in court if applicable.

Additionally, it must include a statement to the effect that if the defendant does not appear, a
default judgment will result against the defendant for the relief that you demand in the
complaint. Additionally, a clerk must sign and seal the summons. The summons must be
served with a copy of the plaintiff and provide copies to the sheriff or process server.

What If a Person Does Not Respond to the Summons?

While a summons is an invitation for a person to appear in court, it is not an order. If the
individual does not wish to go to court and simply does not appear or answer the complaint,
the judge can decide the case without him or her there. In many cases, this results in a default
judgment against the defendant.

What If a Summons Is Not Properly Served?

If you attempt to have another person served but do not follow the rules of the court in your
jurisdiction, the defendant can come to court and explain to the judge that he or she was not
properly served. If the defendant is correct, the judge should halt the proceedings as he or she
does not have proper jurisdiction over the case. You may be given another opportunity to
have the defendant served again.

What is a Legal Notice?

 Legal notice is simply the requirement that a party must be furnished with sufficient
knowledge concerning the legal processes that affect his rights and duties or obligations. In
other words, it is a way of notifying individuals or organisations about a matter by using a
method required by the law courts.

A legal notice, served to a defendant, must contain all the facts and complaints made in the
petition. This is to inform the defendant about what he is being accused of, and he (the
defendant) is given a reasonable period to answer; informing the court whether he agrees to
or disagrees with the facts stated there in.

Who Can Serve a Legal Notice?

There are various types of legal notices and anybody, if he has gone through the right legal
procedures, has the right to issue a legal notice.

There are legal procedures to be adhered to when serving a legal notice and any complainant
who fails to follow those procedures does so at his own peril.

After a petition has been filed, the court issues an order to serve legal notice if the court finds
the petition reasonable.

When is a legal notice said to be properly served?

After having gone through the necessary court procedures to obtain a legal notice permit, the
notice you serve the defendant with must contain all the complaints, accusations or charges
that have been filed at the court and this legal notice must be personally served to the
accused.

In other words, the legal notice must be directly handed over to the accused and not to
another person (a friend, relative or middleman).

6•Power of Attorney Law in Pakistan

Under the normal circumstances for the purposes of legal process or to perform the legal
duties or to transact in any other manner, person himself and if he is not in a position to do so
may authorize anybody to act on his behalf. In first instance the person who gives right to the
other to perform duty on his behalf is called “Principal” and the person to whom the authority
is given is called “Attorney”. The Principal may authorize the Attorney not to pursue his
cases only but also to compromise or settle the matters on his behalf. In these circumstances
all the acts performed by the Attorney will be deemed to be performed by the Principal who
will be responsible for the acts done by the Attorney as he has done them himself.

There are two kinds of Power of Attorneys: General Power of Attorney and Special Power of
Attorney.

General Power of Attorney means that Attorney may perform more than one job on behalf of
the Principal and all his acts will be binding on the Principal as done by him and under his
authority.

Special Power of Attorney is for only a specific purpose which is explained in that deed of
Special Power of Attorney.

It is relevant to mention here that power of attorney either General or Special given by the
Principal to the Attorney must be in writing and it cannot be given orally. If Power of
Attorney is for any immovable property, sale or for mortgage then it should be registered
under section 17 of the Registration Act, 1908.

Power of Attorney should be attested: All the documents written as a Power of Attorney
should be authenticated by a Notary Public, any Court, Judge, Magistrate, Pakistan Consul or
Vice-Consul, or representative appointed by the Federal Government, and then it will be
presumed correct.

Necessary requirements of Power of Attorney: Every Pakistani citizen who is a major, adult
and according to law is competent to enter into a contract whether resides in Pakistan or
outside Pakistan may authorize any other person through power of attorney to act on his
behalf. If power of attorney is executed outside the country then Pakistani Embassy or
consulate’s authorized officer will verify it and if the power of attorney relates to transfer of
property then it should be registered in Pakistan with the concerned registrar.

Power of Attorney in Civil Cases: Civil cases can be pursued through power of attorney i.e.
to appear in the court, to move application and to proceed in the matter. In civil cases the
Attorney can do each and every act on behalf of the Principal. Service of summons/notices of
the court on the Attorney will be presumed to be service on the Principal. For all these
matters no court will allow the Attorney to act on behalf of the Principal unless Power of
Attorney is there.

Civil and Criminal liabilities of Principal and Attorney: Civil liability of Principal; if in
performance of acts according to the power of attorney the third party suffers a loss then the
Principal will be responsible subject to authorizing for the same act in the power of attorney.
 Civil liability of Attorney; in case of any action for which he is not authorized he will be
responsible for the losses occurred to the third party on the basis of such act.

Criminal liability of Principal and Attorney: Criminal liability of Principal; under normal
circumstances the Principal will not be responsible for the criminal acts of the Attorney.
Criminal responsibility of the Attorney; if Attorney is found guilty of breach of trust then he
can be preceded under section 406 and 409 of Pakistan Penal Code and be punished.

Cancellation of Power of Attorney: The Principal can cancel the Power of Attorney whether
General or Special at any time or in case of death of Attorney or the Principal, it will be
cancelled automatically. In the first instance, concerned Registrar where Power of Attorney is
registered will cancel it and it will also be published in a newspaper. Power of Attorney will
also be cancelled if the job/assignment for which it was given is completed.

7•APPEAL

Appeals process

For those who do not win their case, there is normally a right of appeal. However, this is
based purely on the decision reached in the case.

How to appeal

If you are unhappy about the decision made by the judge in your case, you may be able to
appeal against the decision to a judge in a higher court or in the case of tribunals to the Upper
Tribunal or Employment Appeal Tribunal.

There must be proper grounds for making an appeal and there are strict time limits within
which to do so.

It is not possible for court staff or other government officials to review a judgment made by
the courts. This is because the judiciary are entirely independent and must be free to decide
the outcome of cases without fear of interference from Government or its administration

Under the two different procedures of law,

There are two types of appeals

a) Civil appeal.

b) Criminal appeal.

c) General rules as to appeal

d) Not an inherent right.

e) Time barred.

f) Continuation of suit.

g) Appeal lies on both question of law and fact.

The essentials of appealing cases can be narrowed down to 3 elements:

* A decree passed by a judicial/administrative authority;

* An aggrieved person, not necessarily a party to the original proceeding; and.
* A reviewing body instituted for the purposes of entertaining such appeals.

8•REVIEW

Introduction

The Right of Review is granted by Civil Procedure Code as a remedy to be sought for an
applied under special circumstances and conditions. The objective of this right is to correct
the error or any mistake made in the decision of the court. This right is subjected to many
limitations and conditions mentioned in Order 47 of the Civil Procedure Code.

Right under Section 114 of CPC is substantive right and the order 47 of CPC will provide the
details of the procedure.

Who can apply?

a) Aggrieved party.
b) Their representatives
 c) A person who is not party, but his rights adversely affected.

Grounds of Review

a) Discovery of new and important evidence.

b) Mistake or error apparent on the face of record.
c) Any other sufficient ground.

Limitation

30 days.
FAMILY SUIT

FAMILY SUIT DRAFT

IN THE COURT OF SENIOR CIVIL/FAMILY JUDGE PESHAWAR

daughter of , Resident of Peshawar

Versus

, son of , Resident of , Lahore.

SUIT FOR DISSOLUTION OF

MARRIAGE.

Respectfully Sheweth : -

Plaintiff

Defendant

1.

2.

3.

PRAYER :

Verification : -

Verified on oath today the 12th Day of February 2018 that the Contents of the above paras
are True and correct to the best of my Knowledge and nothing has been Concealed.

Plaintiff
Advocate High

Court Through :-
 SUIT FOR SPECIFIC PERFORMANCE

Specific performance means fulfilling a promise made under a contract as agreed. A suit for
specific performance can be filed by any party, in a court of competent jurisdiction, who has
suffered loss due to non-performance of contract on part of the other party to the contract.
Remedy of specific performance which is affected in case of breach of contracts is provided
by the equity courts. However, this cannot be asked for as a right because it is provided on
the satisfactory discretion of the court. It is an alternative to awarding damages, and is classed
as an equitable remedy commonly used in the form of injunctive relief concerning
confidential information or real property.

Relevant Law

The provision regarding specific performance has provided under SRA.

SUIT FOR DECLARATION

Suit for Declaration

DRAFT

In the court of Hon’ble Civil Judge, Senior Division,

Vs.

SUIT FOR DECLARATION

Affidavit

I, son of Late Shri R/o do hereby solemnly affirm and declare as under:

1- That the deponent is owner and in possession of a Plot comprised in No. ,

, admeasuring _’x_’ total measuring _ Marlas i.e. _ Sq. yards which is situated within
the .

2- That the defendant is the real brother of deponent and the parties to the suit constitute
a Joint family and are governed by law.

3- That as a matter of fact the property, which is mentioned in Para No.1 of the plaint, was
purchased by the defendant vide Sale Deed bearing its document No. dated
registered in the office of . The copy of the Sale Deed is enclosed herewith the plaint.

4- That on a family settlement took place between the deponent and the
defendant vide which the defendant relinquished all his rights, title and interest in the suit
property in favour of the deponent and he put the deponent into the actual and physical
possession of the suit property mentioned in Para No.1 of the plaint and since then the
deponent is owner and in possession of the suit property which is mentioned in Para No.1
of the plaint.

5- That now the defendant with a malafide intention is not admitting the family settlement
and he is not admitting the claim of the deponent in respect of the suit property for which
the defendant has got no right, title and interest to do so.
First of all the defendant was avoiding to the requests of the deponent on one pretext or the
other and finally on the defendant refused to admit the claim of the plaintiff.

6- That the cause of action to file the present suit firstly accrued on _ when the family
settlement took place between the deponent and the defendant and it further accrued on
each and every date when the deponent requested the defendant to admit the claim of the
plaintiff. The cause of action finally arose on when the defendant finally refused to
admit the claim of the plaintiff. Hence is the final date of cause of action accrued in
favour of the plaintiff. Hence this suit.

DEPONENT

VERIFICATION:

Verified that the contents of my above affidavit are true to best of my knowledge and belief
and nothing has been concealed therein.

Verified at on

DEPONENT

Applications•

Application under order 1 rule 10

Court by Order may strike out or add Parties

1. The court may at any stage of the proceedings,

a. either upon or
b. without the application of either party,

c. and on such terms as may appear to the court to be just,

order that the name of any party improperly joined, whether as plaintiff or defendant, be
struck out, and that the name of any person who ought to have been joined, whether as
plaintiff or defendant, or whose presence before the court may be necessary in order to enable
the court effectually and completely to adjudicate upon and settle all the questions involved
in the suit, be added.”

2. The said provision makes it clear that a court may, at any stage of the proceedings
(including suits for specific performance), either upon or even without any application,
and on such terms as may appear to it to be just, direct that any of the following persons
may be added as a party:
a. any person who ought to have been joined as plaintiff or defendant, but not added; or

b. any person whose presence before the court may be necessary in order to enable the
court to effectively and completely adjudicate upon and settle the questions involved in the
suit. In short, the court is given the discretion to add as a party, any person who is found to
be a necessary party or proper party.

Format/Draft/Specimen:

Application under Order 1 Rule 10 for impleading as party

BEFORE HONOURABLE LABOUR COURT NO. 1, LAHORE.

In Re:

MUHAMMAD NAWAZ etc V. SECRETARY IRRIGATION etc

(Grievance Petition)
A P P L I C A T I O N UNDER ORDER 1 RULE 10 C.P.C. FOR IMPLEADING
THE APPLICANTS (1. NASEER AHMAD 2. RASHEED AFTAB 3.MUHAMMAD
AMIR &
4. USMAN ALI) AS PESPONDENTS IN THE TITLED GRIEVANCE PETITION, BEING
NECESSARY PARTIES.

Respectfully Sheweth:

1 .

2 .

3 .

GROUNDS

1 .

2 .

3 .

PRAYE

APPLICANTS

THROUGH
 Zeeshan Ahmad Malik

Advocate High Court

Application of Section 491 of Cr. PC

Below are some instances where a Petition U/S 491 Cr.PC can be filed;

1. An arrest was not recorded in the daily diary of the police

2. Coercive action by the authority

3. Conduct of police like they took the petitioner in custody without lodging FIR

4. Connection of detenu with the commission of the offense

5. Custody of minor from father, mother or adopted parents

6. Handing over the girl to police

7. Illegal detention and maltreatment in law

8. Determining the jurisdiction of guardian court

9. Father Kidnap minor after the death of the mother

10. Minor child in Father’s custody

11. Official Secrets act

12. Sui Juris unmarried girl and married girl

13. Recovery of wife

14. welfare of child

15. Validity of marriage

 Format of Petition U/S 491 Cr. PC

IN THE COURT OF SESSIONS JUDGE, RAWALPINDI.

In the matter of:

MHU son of PKH resident of District Rawalpindi.

…Petitioner

Versus

1. S.H.O. P.S Kallar Syedan, District Rawalpindi.

2. SAZ Sub Inspector, P.S Kallar Syedan, District Rawalpindi.
3. The State

…Respondents

RECOMMENDATIONS

"After conducting the internship training* the internee came up with the following
recommendations

1. To the university
2. To the organization of placement and
3. To the future internees.

TO THE UNIVERSITY

• The internship program should be started a lot earlier as every law student needs it also
the marking scheme should dwell more on the practical rather than the theoretical bit.
• The university should put in place an effective communication program that will include
the host supervisors, students and the lecturers of the university and other stake holders
like the parents or sponsors.
• The program should also continue for the students that are willing to continue and the
university should provide onsite supervision.
TO THE FUTURE INTERNEES

• To be open minded and ready to learn also to be flexible since it is through the work one is
given that they learn.
• It is also important to get a place of internship where many assignments will be given to
you otherwise some the interns are not give anything too doo since there are employees for
everything.

CONCLUSION

As a part of my course outline, prescribed by Higher Education Commission (HEC), I was

asked by my department’s internship coordinator to join a chamber and be supervised by a
practicing lawyer. In accordance with the directions given to me I joined Shaheed Zakria
Law Chamber where I was very warmly welcomed as an intern.

Overall, internship is a very good program and highly recommended for students who are
pursuing legal education as it helps a student to gain experience and insight regarding the
everyday lives of practicing lawyers. Students who are still standing at a crossroad and are
hesitant with making of a decision regarding their plans about what to do once they have
completed their education are provided firsthand experience through this program hence it
helps them steer their lives towards a field which best suits their temperament and
personality. It also helps to enhance ones skills abilities and knowledge. This experience not
only helped in gaining knowledge and practical experience, but it also helped in making new
friends and colleagues.