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Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

In contractibus, benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est

In contracts, the interpretation or construction should be liberal; in wills, more liberal; in restitutions, most liberal.

In restitutionem, non in poenam, haeres succedit

The heir succeeds to the restitution, not the penalty.

In restitutionibus benignissima interpretatio facienda est

The most favorable construction is to be made in restitutions.

Restitution

n. 1. Return or restoration of some specific thing to its rightful owner or status. 2. Compensation for benefits derived from a wrong done to another. 3. Compensation or reparation for the loss caused to another. 9 In senses 2 and 3, restitution is available in tort and contract law and is sometimes ordered as a condition of probation in criminal law. - restitutionary, adj.

restitution damages.

See DAMAGES.

restitutionary redress

Compensation paid to one who has been injured, the amount being the pecuniary value of the benefit to the wrongdoer. See RESTITUTION (2).

restitutione extracti ab ecclesia

[Latin] Eccles. law. A writ restoring someone who had been suspected or accused of a felony to the church.

restitutione temporalium

[Latin] Eccles. law. A writ directing the sheriff to restore the temporalities of a diocese to a bishop. See TEMPORALITY (2).

scire facias quare restitutionem non

n. [Law Latin "that you cause to know why restitution not"] Hist. A writ for restitution after an execution on a judgment is levied but not paid and the judgment is later reversed on appeal.

writ of restitution

1. The process of enforcing a civil judgment in a forcible-entry-and-detainer action or enforcing restitution on a verdict in a criminal prosecution for forcible entry and detainer. "In some states, following the British statutes, the prosecutor may have a writ of restitution for the premises immediately on the rendition of a verdict of guilty on an indictment for forcible entry and detainer; and the operation of such writ of restitution is not suspended by an appeal by the defendant." 35 Am. Jur. 2d Forcible Entry and Detainer ยง 61, at 931 (1967). 2. A common-law writ issued when a judgment is reversed, whereby the prevailing party i . restored all that was lost as a result of th . judgment.