Pakistan Legal Glossary

An absconder is a person against whom a warrant has been issued and who has absconded or is concealing himself so that it cannot be executed.

Acquittal is a court's finding or order that an accused person is not guilty, ending the case in his favour.

Adjournment is a court's postponement of a hearing to a later date.

An affidavit is a written statement of facts that a person swears or affirms to be true before an authorised officer such as an Oath Commissioner.

An anti-terrorism case is a criminal case for terrorism or a scheduled offence, tried by an Anti-Terrorism Court under special, faster procedures.

An appeal is a request to a higher court to re-examine a decision of a lower court and set it aside or change it.

The Appellate Tribunal Inland Revenue (ATIR) is the tribunal that hears appeals against income tax and sales tax orders, usually after the first appeal.

An arrest warrant is a written order signed by a judge or magistrate directing the police to arrest a named person and bring them to court.

Auction of mortgaged property is the public sale of a borrower's mortgaged asset to recover an unpaid loan, which a financial institution may carry out under the Ordinance with or without the Banking Court.

Bail after arrest is the release of an arrested accused from custody, on a bond and sureties, while the case continues.

Bail before arrest is bail sought for a person in a case already registered against them before the person is arrested; the Code of Criminal Procedure does not use that phrase.

A bailable offence is an offence for which an arrested person has a right to be released on bail.

A banking court suit is a case filed in a Banking Court by a bank or financial institution to recover money lent, or by a customer against a bank.

A cause list is the list of cases fixed for hearing on each day before a court, showing the case numbers, names of parties and purpose of each hearing.

A caveat is, in court rules, a notice lodged with the court so that a particular step is not taken without the person who lodged it being told.

Certiorari is, in practice, the name given to an order under Article 199(1)(a)(ii) declaring that an act done or proceeding taken by a person performing functions for the Federation, a Province or a local authority was done without lawful authority and is of no legal effect.

Challan is the police report, under section 173, that sends a completed investigation to the court so the accused can be tried.

A charge is the formal written statement of the offence an accused is alleged to have committed, which the court reads to him at the start of the trial.

Cheque dishonour (489-F PPC) is the criminal offence under section 489-F of dishonestly issuing a cheque, towards repayment of a loan or fulfilment of an obligation, that is dishonoured on presentation.

A civil case is a court dispute between private parties, such as over money, property or a contract, where one side asks the court for a remedy.

A cognizable offence is a serious offence for which the police can register an FIR and arrest without a warrant.

A compoundable offence is an offence the victim may settle with the accused by compromise, which can end the case.

Contempt of court is disobeying a court order or interfering with the work of a court, for which the court has power to punish the person.

Conviction is a court's finding that an accused person is guilty of an offence, after which it passes a sentence.

A criminal case is a legal proceeding in which the state prosecutes a person accused of an offence such as theft, assault or murder.

Custody and guardianship is the legal question of who keeps a child and who has the authority to make decisions for the child, decided by the court in the child's best interest.

Cyber stalking is the offence of using the internet or electronic means, with intent to coerce, intimidate or harass a person, to follow or contact them repeatedly, monitor or spy on them, or share their photo or video without consent in a harmful way.

A declaratory suit is a civil suit asking the court to declare a legal right, status or ownership, without needing to ask for any further relief.

A decree is the formal expression of a civil court's decision that conclusively decides the rights of the parties in a suit.

A decree sheet is the signed, formal document that records the exact terms of a decree, prepared after the judgment.

Diyat is the compensation payable to the heirs of a person killed, as specified in section 323 of the Pakistan Penal Code.

Dower (haq mehr) is the sum of money or property that a husband must give to his wife as a right on marriage.

Ejectment (called eviction in the Punjab Rented Premises Act 2009) is an application by a landlord to the Rent Tribunal to have a tenant removed from rented premises on one of the grounds in section 15.

Ex parte describes a court order or decree passed in the absence of one party who was properly summoned but did not appear.

Execution is the process by which a court enforces a decree, for example by attaching and selling the judgment-debtor's property.

FIR (First Information Report) is the written record the police make when they are first told about a cognizable offence, and it usually starts a criminal case.

Framing of charge is the stage of a criminal trial where the court formally states the accusation in writing and asks the accused whether he admits it or has a defence.

Fundamental rights are the basic rights guaranteed by Part II, Chapter 1 of the Constitution (Articles 8 to 28), such as life, liberty, fair trial and freedom of speech.

Gratuity is a lump-sum payment an employer makes to a worker at the end of service as a reward for the length of his employment.

A grievance petition is a worker's complaint, under the federal Industrial Relations Act 2012 (Islamabad and establishments in more than one province), taken to the industrial relations forum about a right guaranteed to him by law, an award or a settlement.

Habeas corpus is an order of a High Court under Article 199(1)(b)(i) directing that a person in custody be brought before it, so that it can satisfy itself that he is not being held without lawful authority or in an unlawful manner.

Hudood are offences with fixed (hadd) punishments in Islamic law that Pakistan's 1979 Hudood Ordinances deal with: zina, qazf, theft and haraabah, and drinking.

Illegal dispossession is entering a property without lawful authority to dispossess, grab, control or occupy it from its owner or occupier, an offence under the Illegal Dispossession Act 2005 punishable with up to ten years' imprisonment and a fine.

An injunction is a court order directing a person to do, or more often to refrain from doing, a specific act.

An intra-court appeal is an appeal from the order of a single High Court judge to a bench of two or more judges of the same High Court.

Judicial remand is the order of a magistrate sending an arrested person to jail, in the court's custody rather than the police's, until the next hearing.

Jurisdiction is the legal authority of a court to hear and decide a particular case, based on the subject matter, the value of the claim and the place.

Khula is the dissolution of a marriage by a family court decree at the wife's request, where the wife gives back the dower (haq mehr) she received.

Leave to defend is the court's permission that a defendant must obtain before contesting a bank recovery suit or a summary suit on a negotiable instrument.

Limitation is the legal time limit within which a suit, appeal or application must be filed, after which the court will normally refuse to hear it.

Maintenance is the money paid for the support of a wife or children, which a family court can order.

Mandamus is, in practice, the name given to an order under Article 199(1)(a)(i) directing a person performing functions for the Federation, a Province or a local authority to do anything he is required by law to do.

A medico-legal certificate (MLC) is a doctor's written report on a person's injuries or condition, prepared on a police or court request and used as evidence.

Mutation (intiqal) is, in Punjab, the entry in the register of mutations, and then in the periodical record, made when a person acquires or transfers a right in land as a land-owner.

A NAB reference is the formal case that the National Accountability Bureau files in an Accountability Court against a person accused of corruption.

Nikah registration is the recording of a marriage through a Nikah Registrar licensed by the Union Council, which produces the nikahnama.

A non-bailable offence is a serious offence for which bail is not a right and is granted only at the court's discretion.

A non-cognizable offence is a less serious offence for which the police cannot investigate or arrest without a magistrate's order.

An oath commissioner is an officer authorised to administer the oath on affidavits.

Online defamation is publishing false information online that harms a person's reputation or privacy, which can be an offence under section 20 of the Prevention of Electronic Crimes Act 2016 (PECA).

Physical remand is the period for which a magistrate allows the police to keep an arrested person in their own custody so the investigation can continue.

A plaint is the written statement a plaintiff files in a civil court that sets out the facts, the cause of action and the relief claimed.

A plea bargain under the NAB law is an arrangement in which an accused offers to return the assets or gains acquired through the offence, in return for release.

A power of attorney is a document by which one person (the donor) gives another (the donee) authority to act for him, so that what the donee does by that authority is as effective in law as if the donor had done it.

Pre-emption (shufa) is, under the Punjab Pre-emption Act 1991, the right to acquire by purchase an immovable property in preference to other persons when it is sold.

A private complaint is a complaint made by a person directly to a magistrate or court, without going through the police.

A proclamation is a public notice by the court that orders a person who is absconding or hiding to appear at a stated place and time, failing which his property can be attached.

Prohibition is a writ in which a High Court orders a lower court, tribunal or authority to stop proceeding in a matter that is outside its jurisdiction.

Qisas is punishment by causing similar hurt, or death in qatl-i-amd, in exercise of the right of the victim or a wali.

Quashing of FIR is the High Court's order cancelling an FIR or criminal case to prevent abuse of the process of the court.

Quo warranto is, in practice, the name given to an order under Article 199(1)(b)(ii) requiring a person holding or purporting to hold a public office to show under what authority of law he claims to hold it.

Res judicata is the rule that a matter already finally decided by a competent court cannot be tried again between the same parties.

Review is an application asking the same court that passed a decree or order to reconsider it because of a clear error or newly found evidence.

Revision is a High Court's power to examine the record of a subordinate court to correct a jurisdictional error or illegality when no appeal is available.

An SECP complaint is a complaint to the Securities and Exchange Commission of Pakistan against a company, its directors or a regulated entity.

A Section 164 statement is a statement or confession recorded by a magistrate, not by the police, during the investigation of a case.

A Section 342 statement is the accused's own answer to the evidence against him, recorded by the court at the end of the prosecution case.

Specific performance is a court order that forces a party to actually carry out a contract, rather than just pay damages for breaking it.

A stay order is a court order that temporarily stops an action or proceeding, such as an eviction, a demolition or the implementation of another order.

Sub judice describes a matter that is currently before a court for decision.

A succession certificate is a court document, issued by the District Judge, that authorises a named person to collect a dead person's debts and securities.

A suit is a civil proceeding started by presenting a plaint in a competent court.

A summary suit is a quicker civil procedure for recovering money due on a bill of exchange, hundi or promissory note.

Summons is a written court order telling a person to appear in court on a given date; a court can also summon a person to produce a document or thing.

Suo motu is when a court acts on its own initiative, without a petition from a party. Under the current Constitution this power is narrow.

Talaq is the husband's pronouncement ending the marriage; he must give written notice to the Chairman of the Union Council, and it takes effect only after ninety days from that notice.

A tax show-cause notice is a notice from the tax authority asking a taxpayer to explain why a tax assessment or penalty should not be made against him.

A temporary injunction is an interim court order that preserves the position of the parties until the suit is finally decided.

Unauthorised access to data is the offence of entering someone's device, account or information system without permission.

A vakalatnama is the document signed by a client that authorises a lawyer to appear and act for the client in a case.

Winding up is the legal process of ending a company's existence by selling its assets, paying its debts and distributing what remains.

A writ petition is an application to a High Court under Article 199 of the Constitution, asking it to direct a person performing public functions to act lawfully, or to enforce a Fundamental Right.

A written statement is the defendant's formal reply, filed in writing, to the plaint in a civil suit.