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Best Lawyers in Lahore, Execution through Law Firms in Lahore Pakistan
Execution through Law Firms in Lahore Pakistan:
Nazia Law Associates is among the best law firms in Lahore Pakistan which provides lawyers in Lahore Pakistan for filing the execution petitions of a case. The remedy for execution of decree for injunction lies under Order 21, rule 32. C. P. C. Where the defendant has willfully failed to obey decree of injunction, it may be executed by detention in civil prison of the judgment-debtor. An injunction through lawyers in Lahore Pakistan of law firms in Lahore Pakistan may be enforced against legal representative of the judgment-debtor under Section 50, C. P. C. and against purchasers under Section 52, T. P.
Fixation of Sign Board:
The landlord permitting tenant to fix sign board, landlord cannot turn round and take contrary position. The permanent injunction granted. Further relief of specific performance: Plaintiff filing a suit for permanent injunction instead of suit for specific performance of contract. Plaintiff through lawyers in Lahore Pakistan of law firms in Lahore Pakistan neither in trial Court nor before appellate Court made even an oral request for conversion of suit into suit for specific performance. Appellate Court suo motu raised question that in the case such an application was made same was liable to be granted and set aside Order of trial Court rejecting plaint.
Appellate Court, held, could not set aside, order of trial Court and directing trial Court to grant application for amendment of plaint in anticipation of such application, Order of appellate Court set aside. Relief on injunction claimed, could not be granted. When specific performance is the proper relief, the grant of injunction is a rule and refusal an exception: In suit for permanent injunction, grant of injunction is a rule and refusal an exception.
Ineffective decree effect:
The relief claimed in suit through lawyers in Lahore Pakistan of law firms in Lahore Pakistan neither tenable in law nor could have been claimed. Suit to claim such decrees would be purposeless exercise involving sheer waste of time and money so that such suit to be thrown out at the very preliminary stage on account of their futility.
Injunction against construction in Law Firms in Lahore Pakistan:
The construction should be made after obtaining approved plan from building control authority. Court would not permit construction not duly approved by the authority because such permission would amount to by passing mandatory requirement of law of obtaining approved plan before raising construction and clothe it with legitimacy under order of the Court. The petitioner a neighbor likely to be affected by unauthorized construction, injunction was issued. The defendant has not left open space of ten feet adjacent to the plaintiff’s house and violated building rules and approved plan, Court granted injunction.
Law Firms in Lahore Pakistan:
The defendant blocking door of plaintiff house by raising wall in front of two doors which will be a source of inconvenience, defendant restrained from construction. The unauthorized construction of building, injunction granted. The statement of the plaintiff through lawyers in Lahore Pakistan of law firms in Lahore Pakistan that they would demolish building in the case plan is not approved, suit dismissed and injunction vacated.' The defendant obtaining permission from all necessary authorities for construction of multistoried building as required under law, no cogent evidence produced to show that building so constructed will obstruct rights of easement of light, air and privacy amounting to nuisance. No prima facie case, grant of injunction declined. In Pakistan, there are many Law Firms in Lahore Pakistan but In Nazia Law Associate is one of them Best and we have Expert Family Lawyers in Lahore who work on Legal cases in Pakistan.
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Guide People on Easement and Law Firms in Lahore in 2021
Easement and Law Firms in Lahore:
For the cases of easement rights Nazia Law Associates among best law firms in Lahore and provides best lawyers in Lahore Pakistan. Easement right to be claimed after the period of 20 years. Where the aforesaid period not elapsed, no right of easement can be claimed. No action lies for infringing the right till it matures to easement. Where easement right is disturbed, the plaintiff through lawyers in Lahore Pakistan of law firms in Lahore is entitled to injunction rather than to damages. No obstruction for utilization of water from well for 20 years, opposite party to prove Obstruction of easement right.
Injunction through Lawyers in Lahore Pakistan:
Where disturbance is of right of superficial support, actual damage is not necessary to entitle the person having the right to get injunction. No injunction through lawyers in Lahore Pakistan of law firms in Lahore can be granted to prevent obstruction to easement of light unless the alleged obstruction causes such diminution of light as to constitute nuisance. There should be substantial deprivation of light. Where right of easement to rest roof on neighbour wall has been acquired, permanent injunction preventing interference with easement by the owner of the wall may be granted.
Plaintiff through lawyers in Lahore Pakistan:
In a case where an act by defendant controls or obstructs the light and air to which the plaintiff is entitled, an injunction is the rule and damages the exception. Temporary use of land cannot create title and right to prevent another person from land to be established by acts of very definite nature. When the proposed building would obstruct the windows for free passage of light and air to which plaintiff has a right of easement, injunction restraining construction may be granted.
Plaintiff through lawyers in Lahore Pakistan of law firms in Lahore must not only prove existence of right of easement at the time of transfer of property to him but also such right being necessary for enjoyment of transferred property. A suit for natural right to support of one's land by adjacent land is maintainable.
Easement of necessity:
Petitioner claiming easement of necessity rights of sewerage lines and other necessities in respect of plot in dispute on which no construction is raised by defendant. Suit through lawyers in Lahore Pakistan of law firms in Lahore is premature. Plaintiff alleging to have been using six feet wide path for more than 50 years and the path blocked by defendant by raising wall Plaintiffs passage to house blocked. Village path is normally in villages landlords permit others to use their passage, no prescriptive rights established. It is well settled that passage of an easement of necessity can be claimed only when no other way or passage is available.
An easement right through lawyers in Lahore Pakistan:
An easement of necessity is one without which property retained upon a severance cannot be used at all. not one which is merely necessary to the reasonable enjoyment of that property, it is well settled that in order to claim an easement of necessity it must be shown that it is one without which property cannot be used at all where the plaintiff claims a rite of passage over defendant land. He has to prove that he has no alternative means to access, however, inconvenient for his field. An easement right through lawyers in Lahore Pakistan of law firms in Lahore cannot be allowed by reason of convenience, where the alternate route is available, cannot sustain claim for passage through another property. Where no construction was raised on the sewerage line of the plaintiff, suit is premature. In Pakistan, there are many Law Firms in Lahore Pakistan but In Nazia Law Associate is one of them Best and we have Expert Lawyers in Lahore who work on Legal cases in Pakistan.
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Advice on Dispossession through Law Firms in Lahore - Advocate in Lahore
Dispossession through Law Firms in Lahore:
Nazia Law Associates is among the best law firms in Lahore for the cases of dispossession and provides the best lawyers in Pakistan. The possession itself is a strong evidence of title, injunction granted. The plaintiff failing to prove his title and possession, injunction refused. The petitioner through best lawyers in Pakistan of law firms in Lahore placing on record copy of khasra girdawari to show his possession, status quo granted. The question of possession is adjudged on the situation of the date of filing of suit. The law does not lean in favour of the trespasser, injunction refused.
Injunction through Top Law Firms in Lahore:
The injunction can be granted to a person out of possession. Name of the petitioner not included in khasra girdawari issue of injunction not proper. The petitioner not showing prima facie any tangible proof of possession not entitled to injunction. The policy of law is that regardless of actual condition of title to or right of possession of property, and party actually in peaceful possession not to be turned out by strong violence or terror, under no law party in possession can be evicted by force. Where in a case exact extent of possession is not shown, Court duty is to first appoint local Commissioner to determine exact area in possession and then pass order of injunction till such time the defendant may be restrained to refrain from interfering in possession of the plaintiff.
Mere possession for lost 12 years on Government level will not entitle plaintiff to claim as a matter of right. When the plaintiff is in possession of if he is threatened with dispossession, he is entitled to maintain suit for injunction through best lawyers in Pakistan of law firms in Lahore restraining the person threatening him from dispossession.
Injunction against Drainage Water:
The rite of passage of drainage and of fresh air badly affected due to encroachment made by the respondent through best lawyers in Pakistan of law firms in Lahore, Municipal Committee also issued show cause notice, compensation not adequate relief. Injunction granted. The right to pass sewerage water through channel passing through defendant’s land, exercise of right ordered to be regulated so as to cause not more than necessary nuisance to defendant.
Injunction in Family matters:
An injunction may be granted to prevent marriage of a bride for a second time to another husband. The marriage arranged by guardian whose father suffers from hereditary disease. Danger of bridegroom contacting loath sum disease, Court will grant injunction restraining marriage. Injunction against Income Tax authority: The suit through best lawyers in Pakistan of law firms in Lahore for perpetual injunction restraining Income Tax authority from realizing tax is barred.
Injunction against illegal acts:
The acts which are prime facie illegal, injunction allowed. The proceeding pending before the Court not subordinate to the Court dealing with matter of injunction may be stayed.' Injunction against office: The injunction can be issued against named person and not against office. Injunction against noise: Noise may amount to nuisance, so as to justify injunction. Excess of smoke, smell and noise amounts to nuisance so as to justify injunction against penal action: The appellants through best lawyers in Pakistan of law firms in Lahore entitled to do an act without incurring liability of penal action. Injunction granted Injunction against privacy. The right of privacy, infringement of, temporary injunction granted. In Pakistan, there are many Law Firms in Lahore Pakistan but In Nazia Law Associate is one of them Best and we have Expert Lawyers in Lahore who work on Legal cases in Pakistan.
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Top & Best Contracts through Law Firms in Lahore Pakistan in 2021
Contracts through Law Firms in Lahore Pakistan:
Nazia Law Associates among the best law firms in Lahore Pakistan providing lawyers in Lahore Pakistan for services of contracts. Agreement between parties, encashment of Bank guarantee. Employer restrained to encash Bank guarantee. Suit for injunction through lawyers in Lahore Pakistan of law firms of Lahore Pakistan against Bank restraining to pay guarantee person entitled, is not maintainable.
Encroachment on Municipal Land:
Encroachment ma de by defendant on the Municipal land is a nuisance and trespass. Permanent injunction granted. Grant of injunction in case of encroachment on the Municipal Land will tantamount to giving right of present and future guarantee to trespasser. Injunction refused. Construction on the Municipal land detriment to plaintiff shop in front, permanent injunction granted. Person badly affected by construction on lane closing his sewerage system and existing doors and then by depriving him of existing amenities can maintain suit without joining others.
Electricity bills:
Effect of payment of consumer during pendency of suit making interim payment of bills, amount could be adjusted towards future bitts. Suit is maintainable.
Enforcement of contract:
Section 56 (f) contract not specifically enforceable, no injunction for dispossessing petitioner from plot can be claimed. Railway contract through lawyers in Lahore Pakistan of law firms of Lahore Pakistan is revocable at granter's will, and agreement barred under Section 56 (f) is not enforceable. Breach of contract, Court would not grant injunction to one party when it cannot grant to the other if he want to have the contract performed.
Cancellation of contract through lawyers in Lahore Pakistan of law firms of Lahore Pakistan by the Railway, injunction cannot be granted to contractor.
Construction of mosque:
Defendant in possession of plaintiff's land intending to build mosque and dedicate the same to public. Injunction restraining construction of building can be granted. Construction of place of worship by non-Muslim for themselves cannot by itself cause injury or loss to the Muslim, Islam a religion of tolerance leave non-Muslim free to profess and practice their religion. Execution of scheme: Suit through lawyers in Lahore Pakistan of law firms of Lahore Pakistan against L. D. A. for using public street as building, suit not maintainable. Modification of scheme can be made by authority. Mandatory injunction to Municipal Committee for execution of drainage scheme is not possible.
Execution proceedings:
Execution proceedings are judicial proceedings. Proceedings in execution may be stayed. When a prohibitory injunction is violated, the remedy is not by putting the decree into execution but by adopting other measures as provided by law. As in the present case, the prohibitory injunction is violated the decree is not executable and the execution case is not maintainable for the remedies under Order 21, rule 32, C. P. C. to (3) Decree can be enforced against legal representatives of judgment-debtor under Section 50, C. P. C. and against purchaser pendente lite under Section 52. T. P. Act.
Execution taken out on a decree granting an injunction on the ground that the terms of it had been infringed. The person who is charged may plead impossibility of infringement because of the disappearance of the subject-matter. The disobedience of injunction may be punished for contempt. The application through lawyers in Lahore Pakistan of law firms of Lahore Pakistan for execution of decree for injunction is governed by Article 182 of the Limitation Act. In Pakistan, there are many Law Firms in Lahore Pakistan but In Nazia Law Associate is one of them Best and we have Expert Lawyers in Lahore who work on Legal cases in Pakistan.
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