Private International Law

When the bank and debtor were present in Pakistan, then it was the courts in Pakistan which must assume jurisdiction.

When the bank and debtor were present in Pakistan, then it was the courts in Pakistan which must assume jurisdiction.

Such judgment may not be considered to be conclusive by foreign courts for having usurped the jurisdiction of a foreign court, even if in substance the case was rightly decided (by the court in Pakistan).

Courts in Pakistan were bound to apply the principles of Private International Law wherever necessary.

Since disputed property was situated in a foreign country and the deceased was also domiciled and a national of the said foreign country, thus, following the rules of lex domicilii' and lex situs, the laws of foreign country would apply and courts of foreign country would have jurisdiction over such property

Jurisdiction of courts in Pakistan over the subject-matter property would be barred.

Principles.

Action on the basis of a foreign judgment could only be maintained if the defendant in the judgment was a resident or at least physically present in the foreign country at the time of commencement of proceedings or had submitted to or agreed to submit to the jurisdiction of such foreign Court

Mere fact that the cause of action had accrued within the jurisdiction of such Court would not confer competence upon such Court in an International, sense so as to make its judgment recognizable and enforceable

When the question of amenability of a non-resident foreigner to the jurisdiction of the Court of a particular country was involved the matter had to be examined from an International Law perspective.

International obligations to the State ought to be duly honoured.

-Jurisdiction of Courts in Pakistan to entertain proceedings in respect of arbitration conducted and award rendered by the arbitrator in a foreign country-

Principles of Private International Law are subject to the Municipal Laws of Pakistan

-Seat of arbitration has no relevance to determine the procedure for arbitration

Courts of Pakistan are bound to decide the question of jurisdiction in accordance with the law operating in Pakistan-

Jurisdiction vested in the Courts cannot be taken away even by express agreement of the parties

Arbitration agreement, even where Rules of. International Chamber of Commerce apply do not have the effect of depriving the Courts of their jurisdiction

-Provisions of Rules of International Chamber of Commerce are to be treated at par with provisions of arbitration within the country- -Arbitration Act (X of 1940), Ss.2(c), 30,, 33, 41 & 47

Civil Procedure Code (V of 1908), S.20-

Arbitration (Protocol and Convention) Act (VI of 1937), Preamble-

Contract Act (IX of 1872) Ss.23 & 28: -[Jurisdiction].

Word "Domicile"-Acquisition-Pakistan Citizenship Act (II of 1951).It is a well-settled principle of Private International Law, to which reference is necessary, as "domicile" has not been defined in the Pakistan Citizenship Act, that every person carries the domicile of the country in which he is born; that so long as he does not intentionally and by the exercise of free volition choose the domicile of another country he carries the domicile of his origin ; and that to prove that he had acquired another domicile of his choice he must show that he had intentionally taken a decision in that behalf in the sense that he had taken abode therein with the intention making it his permanent residence.-[Words and phrases].

Law of country of domicile being applicable estate of deceased, held, to be administered rind distributed in accordance with Sunni Hanafi Muslim Law as in force in Pakistan. -[Muhammadan Law].

Private International Law -Choice of proper law-Law of land with whose legal system particular contract had closest and most substantial connection - Proper law applicable - Maxim: lex loci solutionis.

Private International Law Work of authority on subject consulted-[Evidence Act (1 of 1872), S. 57]-["Private International Law" by G. C. Cheshire, 6th Edn., p. 603.

Private International Law Bound to be part of Municipal Law to enable Courts of the country to administer it.