Best Civil Lawyers In Karachi
Civil Lawyers
Welcome to Our Civil Law Firm
Under the legal framework of Pakistan, civil cases pertain to conflicts arising between individuals or entities, including businesses, typically revolving around financial matters. A civil case commences when an individual or business entity (referred to as the “plaintiff”) alleges harm caused by the actions of another individual or business entity (the “defendant”). To initiate the legal process, the plaintiff submits a formal “complaint” to the court, initiating a lawsuit.
In the course of a civil case, the plaintiff may seek legal recourse in various ways. The plaintiff might request the court to grant “damages” – monetary compensation to indemnify for any incurred harm. Alternatively, the plaintiff could request an “injunction” to either prohibit the defendant from engaging in a particular action or to mandate specific actions by the defendant. Another avenue involves seeking a “declaratory judgment,” wherein the court determines the rights of the parties as outlined in a contract or statute.
Ultimately, the resolution of a civil case involves a thorough examination of the circumstances. The court, presided over by a judge, evaluates the factual details of the case to ascertain the underlying events. Subsequently, the pertinent legal principles are applied to these facts. This process culminates in the determination of the legal consequences arising from the actions of the involved parties.
It’s important to note that parties to a civil case might also reach resolution independently. Throughout the legal proceedings, the involved parties have the option to mutually agree to settle their disputes and reach a compromise. This approach is often chosen to circumvent the costs and uncertainties associated with a trial. Settlements frequently involve monetary settlements and can even be structured in a manner that leads to a legally binding judgment.
In Pakistan’s legal context, civil cases embody the pursuit of justice and fairness, allowing individuals and entities to address grievances and disputes through a systematic legal process. Whether through adjudication or settlement, the resolution of civil cases contributes to upholding the rule of law and maintaining social harmony.
Pakistani Civil Law is based on the principles of Islamic law, as well as English common law and local customs and traditions.
Types of Cases in Civil Court under Pakistani Law
Within the framework of the Pakistani legal system, civil courts undertake a diverse array of cases encompassing various legal matters. Broadly speaking, civil cases encompass a range of issues, including but not limited to:
Tort Law / Claims
A "tort" signifies a wrongful act – often referred to as a "tortious" act – that causes harm to an individual's person, property, reputation, or similar interests, for which the injured party is entitled to seek compensation. Instances involving claims such as personal injury, battery, negligence, defamation, medical malpractice, and fraud are just a few examples.
Contract Law Breach of Contract Claims
Breach of contract cases typically arise when a party fails to fulfill the terms of a contract, whether oral or written, without a valid legal justification. Examples of cases include failure to complete a contracted job, delayed or incomplete payments, non-delivery of promised goods, and other related disputes.
Equitable Claims
An "equitable claim" entails requesting the court to mandate a party to undertake or cease certain actions. This type of claim might or might not be accompanied by a request for monetary compensation. Cases seeking temporary restraining orders or injunctions to prevent actions such as property destruction, improper land transfers, or solicitation of a business's clientele are illustrative examples.
Property Law
Civil courts play a pivotal role in resolving disputes that arise between landlords and tenants. These cases encompass situations where landlords are aiming to evict tenants from rental properties or when tenants who have vacated the premises sue landlords to reclaim security deposits.
Inheritance Law
Civil courts play a pivotal role in resolving disputes that arise between the parties.
Within the context of Pakistani law, the multifaceted nature of civil cases underscores the importance of upholding fairness and justice. Civil courts provide a platform for individuals and entities to seek remedies for various grievances and conflicts, ensuring the protection of rights and the proper application of legal principles. Whether addressing matters of personal injury, contractual obligations, equitable remedies, or landlord-tenant disputes, the civil court system plays a crucial role in maintaining legal order and societal harmony.
The Civil laws and Procedural codes of Pakistan are as follows
- The Contract Act, 1872
- The Civil Procedure Code, 1908
- The Specific Relief Act, 1877
- The Transfer of Property Act, 1882
- The Sale of Goods Act, 1930
- The Partnership Act, 1932
- The Registration Act, 1908
- The Limitation Act, 1908
- The Family Courts Act, 1964
- The Arbitration Act, 1940
- The Succession Act, 1925
- The Guardians and Wards Act, 1890
- The Trusts Act, 1882
- The Land Acquisition Act, 1894
- The Insolvency Act, 1920
- The Intellectual Property Laws including Trademarks, Patents, Copyrights and Industrial Designs.
- The Companies Act, 2017
The Civil Procedure Code, 1908 lays down the procedure for the conduct of civil suits in Pakistan. It covers matters such as jurisdiction, pleadings, discovery and inspection of documents, evidence, interim orders, judgments, appeals and execution of decrees.
Standard of Proof in a Civil Case under Pakistani Law
- In the realm of Pakistani legal proceedings, the standard of proof plays a pivotal role in determining the outcome of most civil cases. Whether adjudicated by a judge or a jury, the decision hinges on a criterion termed the "preponderance of the evidence."
- Essentially, this standard necessitates that the version of events presented by the prevailing party is more likely true than not. This isn't contingent upon one party presenting a greater quantity of evidence compared to the opposing party. Rather, it centers on the degree of persuasiveness inherent in the presented evidence. In other words, the evidence introduced by one side must be more convincing in comparison to the other side's evidence.
- However, there are instances in which a higher threshold is required to arrive at a verdict. In scenarios demanding "clear and convincing evidence," the prevailing party must substantiate their account of the facts with a high level of probability. This degree of proof stands as an intermediate level between the "preponderance of the evidence" and the level of certainty demanded to establish an issue "beyond a reasonable doubt," which is the standard employed in criminal cases.
- In the context of Pakistani law, the standard of proof in civil cases underlines the significance of credible and compelling evidence. This framework ensures that decisions are rendered based on a thorough evaluation of the evidence at hand, promoting fairness and justice within the legal system. By implementing varying standards, the legal system accommodates the nuances of different cases, striving to achieve equitable resolutions.
