Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A communi observantia non est recedendum
There should be no departure from common observance (or usage).
A render
[law french i to render; to yield.
A verbis legis non est recedendum
From the words of the law there is to be no departure.
Abbreviationum ille numerus et sensus accipiendus est ut concessio non sit inanis
Such number and sense is to be given to abbreviations that the grant may not be void.
Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit
A person who makes an accusation after a reasonable time has passed is not to be heard unless the person makes a satisfactory excuse for the omission.
Actor qui contra regulam quid adduxit non est audiendus
A pleader ought not to be heard who advances a proposition contrary to the rule (of law).
Actus inceptus cujus perfectio pendet ex voluntate partium revocari potest; si autem pendet ex voluntate tertiae personae, velex contingenti, revocari non potest
An act already begun whose completion depends upon the will of the parties may be recalled; but if it depends on consent of a third person or on a contingency, it cannot be recalled.
Ad recte docendum oportet primum inquirere nomina, quia rerum cognitio a nominibus rerum dependet
In order rightly to comprehend a thing, it is necessary first to inquire into the names, for a right knowledge of things depends upon their names.
Alienatio rei praefertur juri accrescendi
Alienation of property is favored over the right to accumulate.
Aliud est vendere, aliud vendenti consen. Tire
To sell is one thing to give consent. to the seller another.
Allegans contraria non est audiendus-
A person making contradictory allegations is not to be heard.
Allegans suam turpitudinem non est audiendus
A person alleging his own wrong is not to be heard.
Alternativa petitio non est audienda.
An alternative petition is not to be heard.
Ambigua responsio contra proferentem est accipienda
An ambiguous answer is to be taken against the party who offers it.
Arguendo
[latin "in arguing"] 1. For the sake of argument <assuming arguendo that discovery procedures were correctly followed, the court still cannot grant the defendant's motion to dismiss>. 2. During the course of argument <counsel mentioned arguendo that the case has been followed in three other decisions>. - abbr. Arg.
Articles of amendment
a document filed to effectuate an amendment or change to a corporation's articles of incorporation.
Ascendant
n. One who precedes in lineage, such as a parent or grandparent. -also termed ancestor. - ascendant, adj. Cf. Descendant.
Asset dividend
see dividend.
Assize of clarendon
Hist. A decree issued in 1166 by henry ii to the justices in eyre and sheriffs concerning criminal procedure. ( the assize expanded the reach of the king's courts by asserting royal jurisdiction over serious crimes. See constitutions of clarendon.
Attendance officer.
see ruancy officer.
Attendant
adj. Accompanying; resulting <attendant circumstances>. Attendant term. See term (a>.
Auctoritates philosophorum, medicorum et poetarum sunt in causis allegandae et tenendae
The authoritative opinions of philosophers, physicians, and poets are to be adduced and regarded in causes.
Autre action pendant
[law french] another action pending. ( this phrase was formerly used in pleas of abatement.
Auxilium ad filium militem faciendum et filiam maritandam
n. [law latin] hist. A writ ordering a sheriff to levy a tax toward the knighting of a son and the marrying of a daughter of tenants in capite of the crown.
Backberend
[old english] hist. 1. The bearing of stolen goods upon the back.or about the person. ( backberend is sometimes modernized to backbearing. 2. A person caught carrying stolen goods. - also spelled bacberende; backberinde. Cf. Handhabend.
Backing. Endorsement, esp. Of a warrant by a magistrate.
See back (4).
Ballivo amovendo
[latin "a bailiff to be removed"] hist. A writ to remove from office a bailiff who does not have sufficient land in the bailiwick as required by the statute of westminster (1285).
Beneficio primo ecclesiastico habendo
[latin "to have the first ecclesiastical benefice"] hist. A writ from the king to the lord chancellor ordering the appointment of a named person to the first vacant benefice.
Benigne faciendae sunt interpretationes propter simplicitatem laicorum, ut res magis valeat quam pereat; et verba intentioni, non a contra, debent inservire
Constructions (of written instruments) are to be made liberally, for the simplicity of laymen, in order that the matter may have effect rather than fail (or become void); and words must be subject to the intention, not the intention to the words.
Benigne faciendae sunt interpretations chartarum, ut res magis valeat quam pereat; et quaelibet concessio fortissime contra donatorem interpretanda est
Deeds should be subject to liberal interpretation, so that the matter may take effect rather than fail; and every grant is to be taken most strongly against the grantor.
Benignior sententia in verbis generalibus seu dubiis est preferenda
The more favorable construction is to be preferred in general or doubtful expressions.
Bonum defendentis ex integra causa; malum ex quolibet defectu
A good outcome for the defendant comes from a sound case; a bad outcome from some defect
Calendar
ub. 1. To place an important event on a calendar, esp. so that the event will be remembered. 2. To place a case on a calendar.
Calends
See CAlENDS.
Carcer ad homines custodiendos, non ad puniendos, dari debet
Imprisonment should be imposed for keeping people in confinement, not for punishing them (further). Co. Litt 260a.
Casus fortuitus non est supponendus
A chance event is not to be presumed.
Casus omissus pro omisso habendus est
A case omitted is to be held as (intentionally) omitted.
Caveat venditor
Let the seller beware.
Cavendum est a fragmentis
Beware of fragments.
Chartarum super fidem, mortuis testibus, ad patriam de necessitudine recurrendum est
(A dispute) regarding the veracity of deeds, with the witnesses dead, must necessarily be referred to the country (or jury).
Codefendant
One of two or more defendants sued in the same litigation or charged with the same crime. - Also termed joint defendant. Cf
Collateral ascendant
Loosely, an aunt, uncle, or other relative who is not strictly an ancestor. - also termed collateral ancestor.
Commenda, est facultas recipiendi et retinendi beneficium contra jus positivum a suprema potestate
A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority.
Commendation
Hist. The act of becoming a lord's feudal tenant to receive the lord's protection.
Commercium jure gentium commune esse debet et non in monopolium et privatum paucorum quaestum convertendum
Commerce, by the law of nations, ought to be common and not converted into a monopoly and the private gain of a few.
Compendia sunt dispendia
Abridgments are hindrances. Shortcuts or time-saving measures are often a loss. ( Coke continues, Melius est petere fontes. Co. Litt. 305b.
Comperendinatio
[Latin "to remand to the next day but one"] Roman law. An adjournment of an action to hear the parties or their advocates a second time; a second hearing of the parties to a case. ( The judge Uudex) would decide the case at the conclusion of the second hearing.
Conditio beneficialis, quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem quae statum destruit stricte, secundum verborum proprietatem, accipienda
A beneficial condition that creates an estate ought to be construed favorably, according to the intention of the words; but a condition that destroys an estate is odious and ought to be construed according to the strict sense of the words.
Conditio dicitur cum quid in casum incertum qui potent tendere ad esse aut non esse confertur
It is called a condition when something is given for an uncertain event that may or may not come into existence.
Constitutions of Clarendon
Hist. Statutes enacted in 1164, during the reign of Henry II, by which the jurisdiction of the ecclesiastical courts was limited and the clerics' exemptions from secular jurisdiction were greatly narrowed.