Plea
Plea legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Merely alleging a specific plea cannot legally be considered as sufficient unless proved on the record.
Party to litigation cannot, at its own whims, abandon a plea and then at a later stage re-agitate the same.
If party fails to raise any objection, that party cannot be permitted to raise the same at appellate level or in revisional Court
Such non-raising of any plea is deemed to have waived the plea.
No bar on a party to a lis to abandon a plea and bank upon an alternative ground or plea, which is not inconsistent or contradictory
Party cannot be stopped or precluded from adopting such course
Party can ask for a lesser relief than the one claimed in the case.
Correctness of plaintiff's case could be inferred from falsity of defendant's plea.
Defendant had failed to prove his defence.
Party is debarred from taking inconsistent pleas, which amount to prejudice the right of other party specially and is self-destructive in themselves.
Authorities had taken contradictory pleas before various forums such as High Court, Service Tribunal, National Assembly and Supreme Court
Supreme Court declined to reconcile such contradictory statements, as the same depicted unfair practice, lack of honesty and straightforwardness.
Authorities had taken contradictory pleas before various forums such as High Court, Service Tribunal, National Assembly and Supreme Court
Supreme Court declined to reconcile such contradictory statements, as the same depicted unfair practice, lack of honesty and straightforwardness.
Plaintiff (daughter of the deceased) filed suits in 1990 and claimed her share from her three brothers who had filed separate claims and got allotted evacuee land
Father had died in 1921 and mutation of inheritance was sanctioned in the names of sons
Plea that devolution took place under the custom was not denied
No plea about knowledge of separate claims and allotment was on record
Concurrent finding was not disturbed in revision, in circumstances.
Un-pleaded case deserves no consideration, as the same could not have been proved.
party cannot be allowed to make gain on the basis of a plea which is not raised by him at the earliest stage.
In absence of a specific plea taken in pleadings, same cannot be raised.
Plea Party to the lis cannot be prevented by Court from giving up a plea raised by it.
Pleas of ownership of land and also its adverse possession were irreconcilable.
Plea Plea of law can be taken at any time.
Plea Inconsistent legal pleas in juxtaposition to each other in two proceedings pertaining to same subject?matter taken by the same counsel is not desirable. 702
Plea of law not raised during hearing of appeal-Held, eau be raised subsequently.-[Appeal (civil)].
Plea Plea-Legal plea could be allowed to be raised at any time.
Plea Plea-Must be specifically stated in pleadings-Cannot be introduced afterwards-Civil Procedure Code (V of 1908), O. VI.
Plea of-Cannot be raised against statute -Evidence Act (1 of 1872), S. 115.
"Plea", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/3280
Precedents & Case Laws citing "Plea"
2018 S C M R 1551
WING WHA WONG — Appellant Versus HER MAJESTY THE QUEEN — Respondent
Court: Supreme Court of Canada1985 C L C 2146
St. JOHN AMBULANCE ASSOCIATION (Pakistan) — Plaintiff Versus PAKISTAN RED-CROSS SOCIETY and another — Defendants
Court: Karachi2011 P Cr
MINHON KHAN CHANDIO — Petitioner Versus NATIONAL ACCOUNTABILITY BUREAU and another — Respondents
Court: Karachi1985 P C r
AMJAD SAEED alias MAHAM and others‑‑Petitioners Versus THE STATE‑‑Respondent
Court: Lahore2018 S C M R 82
Haji SULTAN ABDUL MAJEED (DECD) through Mehboob Sultan and Habib Sultan and others — Petitioners Versus Mst. SHAMIM AKHTAR (DECD) through Mah Jabeen and others — Respondents
Court: Supreme Court of Pakistan2017 P Cr
NADEEM AHMED RAJPUT — Petitioner Versus CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU and 3 others — Respondents
Court: Sindh (Sukkur Bench)2017 S C M R 1524
JAE LEE — Appellant Versus UNITED STATES — Respondent
Court: Supreme Court of the United States1994 S C M R 1449
MUHAMMAD SAEED and another‑‑‑Appellants Versus MUHAMMAD IRFAN and others‑‑‑Respondents
Court: Supreme Court of Pakistan2016 M L D 1700
AURANGZEB — Petitioner Versus The STATE and another — Respondents
Court: Peshawar