Partition of Land:

                                   

                    Partition of Land. 

(S.135) 

   Where agricultural land is under joint holding and joint owners want to have separate shares, they may apply for partition of their share in the 

WHO CAN APPLY?

a) at the date of the application the share is recorded under Chapter VI as belonging to

him; or

(b) his right to the share has been established by a decree which is still subsisting at the

date; or

(c) a written acknowledgment of that right has been executed by all persons interested

in the admission or denial thereof

 Jurisdiction of the Revenue Officer.

1-The land belonging to agriculture only.

2-Village site, structure, or area included in town is not subject of Land Revenue Act,1967.

(S.136)   Restriction and limitation: 

Exclusion from Partition. (136)

 

A.Places of worship .

B. Burial grounds held in common before partition shall

continue to be so held after partition; and

C.any embankment,

D.water-course,

E. Well or tank and

F. Any land on which the supply of water to any such work may depend;

G. Any grazing ground;

H. Any land which is occupied as the site of a town or village, may be refused.

    Reason.

                 If he partition of such property is likely to

1-cause inconvenience to the co-sharers or other persons directly or indirectly

interested therein, or

2- to diminish the utility thereof to those persons.

 

(137. )   Procedure to be adpoted

Notice of application for partition.– Firstly, The Revenue Officer Shall see,

1- It is not against the provisions of the West Pakistan Land Reforms Regulation, 1959 (Martial Law Regulation No. 64),]

2- Not open to objection on the face of it,

 

 

 

Further Procedings:- 

(a) Issuance  of notice of the application for hearing to the  parties.

(b) Notice to the  co-sharers recorded in the Record of rights

as have not joined in the application; 

(c) Issue notice to be served on or proclaimed for the information of any other persons whom he may deem                 to be directly or indirectly interested in the application

 

                                              Addition of the Parties.  (138)

On the day of hearing Revenue Officer shall:- 

1-ascertain whether any other co-sharer desires to join partition and if so, Revenue Officer shall add his name as applicant in partition.

139=

1-R.O.shall Examine the co-sharers and other persons as may be present on that day,

2-There must be good and sufficient cause,

3-R.O. may reject or allow the partition.

4-Revenue Officer shall record the grounds of such rejection.

     Admission of application:

The Revenue Officer shall:

1. Ascertain the questions as to the title in the property for which partition is applied.

2. How the property is divided and what shall be the mode of partition.

      Determining the question as to title: 

Modes to decide the title of the land under partition:

 

1-The Revenue Officer may decline to grant the application for partition until

the question has been determined by a competent Court.

2-He may himself proceed to determine the question as  Civil  Court.

             Further Procedure by R.O.

1-If R.O. may not himself proceed to decide the question of title, them require the party to institute a civil suit not exceeding ninety days from the date of his order.

2-He may  fix time for obtaining a decision regarding the question.

3-If  a civil suit by the party requires is filed within the specified period,

4-The Revenue Officer shall suspend further action on the application for partition till

the said civil suit is decided by the Court and a copy of the Court’s order is produced before

him.

5-the party so required fails to file a suit within the specified period, the

Revenue Officer may proceed with the partition and decide the question of title himself.

        Rules of Procedure for R.O.

to determine the question,

 a) the Revenue Court has jurisdiction over the Question of Title.

b) the Revenue Officer shall proceed as a Revenue Court under the lex lata.

b) If the question is one over which a Civil Court has jurisdiction, the procedure of

the Revenue Officer shall be as that of  a Civil Court, and he shall record a judgement and a decree containing the particulars required by the Code of Civil Procedure 1908 (Act V of 1908), to be specified therein.

(c) An appeal shall lie from the decree of the Revenue Officer under CPC.

(d) The Appellate Court, may issue an injunction to the Revenue Officer requiring him to stay proceedings pending the disposal of the appeal.

(e) From the appellate decree of a District Court upon such an appeal,

(f) a further appeal shall lie to the High Court, if such further appeal is allowed by the law for the time being in force.

 

Other Questions of  the Property.142.

 

(1) Other Question as to the property to be divided, or

 2-  The mode of making a partition,

3-the Revenue Officer shall  make inquiry 

4-record an order stating his decision on the question with reasons for the decision.

5- An appeal may be preferred within thirty days from the date thereof,.

6- When  appeal is preferred & certified to by the Appellate Authority.

7-The Revenue Officer shall stay further proceedings pending the disposal of the appeal.

8-If an applicant for partition is dissatisfied with an original or appellate order but applies for permission to withdraw , shall be permitted .

9- The Revenue Officer may continue  the partition of the shares of other applicants if they desire.

 

143.   Administration of property excluded from partition.

1- property  referred to in clause (b) of section 136 (see Supra) is excluded from partition,

2- the Revenue Officer may determine the use thereof,

3- the proportion of expenditure incurred thereon .

4-  profit derived therefrom .

5- Mode of Expenditures borne and profits divided among the sharers.

 

 

144.

Distribution of revenue and rent after partition.

 

(1) The amount of revenue to be paid by each holdings  shall be determined by the Revenue Officer .

(2) The decision of the Revenue Officer  as to the revenue  shall be deemed to be an order under sub-section (1) of section 67.

(3) Where new estates have been created at a partition and the land-revenue has

been fraudulently or erroneously distributed among them, the Board of Revenue may, within

twelve years from the time of discovery of the fraud or error, order a new distribution of the

land revenue among the several estates, on an estimate of the assets of each estate at the time

of the partition to be made conformably to the best evidence and information procurable

respecting the same

 

 

 Instrument of partition (145,146)

1- R.O. shall prepare Instrument of Partition after conclusion of proceedings.

2- Records the date of so effect.

3-Revenue Officer shall give possession to the parties concerned.

4-If any application is made within three years of such partition, he shall give effect to it.

5-If application is not made within three years after partition, then right of Revenue Officer shall come to an end as to hear any objection.

8- Re-distribution if custom allows and application is made to revenue Officer Grade-1.(149)

 

147. 

Affirmation of Private Partition.

 

1-If partition may be made without the intervention of a Revenue Officer.

2-Any party thereto may apply to a Revenue Officer for an order affirming the partition.

3- The Revenue Officer shall enquire into the case.

4- If he finds that the partition has in fact been made, he may make an order affirming it .

5- R.O. shall proceed under sections 143, 144, 145 and 146, as the case may be.

6-He Shall proceed as the partition had been made himself under this Chapter.

 

Modern Forensic Science

                     

         Modern  Forensic Science

         Forensic science  pivots upon  of two different Latin words: forensis and science. The  forensis, about discussion  in public. Because trials in the ancient world were typically held in public.

 The second is science, which is derived from the Latin word for 'knowledge' and is today closely tied to the scientific method of acquiring knowledge. 

   Forensic science means the use of the scientific methods and processes for crime solving .

Criminalistics is named as Forensic science . Application of science to criminal and civil laws  to bolster the Physical Evidence.

 * Criminal Cases—during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation.

Forensic Medicine........Kinds..

• Forensic Pathology.           Forensic pathology deals with the study of the cause and manner of death by examination of a dead body during the medicolegal investigation of criminal lawand civil law cases in some jurisdictions.
• Clinical Forensic Medicine. ...A branch of forensic medicine that involves an evaluation and interpretation of injuries and illness in living individuals. 
• Forensic Toxicology. ...An interdisciplinary field applying the methods of analytical chemistry, pharmacology, and toxicology to the analysis and interpretation of drugs and chemicals in biological samples for legal purposes
• Forensic Serology. ... Science of Forensic Material Evidence or Forensic Physical Evidence, is the application of biology to law enforcement.
• Forensic Psychiatry. ...Involves both psychology and psychiatry science in relation to the law and legal system. It studies, evaluates, and identifies mentally-related illnesses and human behavior to obtain legal evidence.
• Forensic Anthropology....Application of the science of physical anthropology and human osteology (the study of the human skeleton) in criminal cases where the victim's remains are decomposed, burned, mutilated, or otherwise unrecognizable. Forensic anthropologists can assist in the recovery of remains, assess age, race, sex, stature, ancestry, and analyze trauma and disease of human remains of crime and natural disasters.                                                                                                                      Forensic science is  focused on the justice system. There are a host of forensic science disciplines, including:
• DNA analysts
• Forensic toxicologists
• Forensic entomology
• Forensic anthropologists
• Forensic odontologists
• Forensic botanists
• Forensic geologists
• Medical examiners
• Coroners
• Forensic pathologists
• Trace evidence analysts
• Fingerprint examiners
• Questioned documents analysts
• Forensic autopsy technicians

  1-Forensic science is to apply Scientific theories upon matters of law to grab the culprits.

2-Forensics science is beneficial to bring the criminals to face the music of law by investigation using modern technology to understand and preserve the a crime scene.

3-Every serial of the crime scene is analyzed to find the smallest part of evidence.

4-Forensic science can help investigators to know how blood spatter patterns occur.

5.It enable investigation agency to gain information germane to presentia of culprits at the crime scene.

6-It makes easy to know the Time, Date, circumstantial evidence and who abetted and who committed the crime.

7- Forensic science is now essential part of the justice system for providing scientific facts of permissible evidence.

8-In a typical crime scene investigation, material evidence will be gathered by the investigators.

Then the forensic scientists will analyze this evidence to provide a scientific based evidence to be presented in court.

Each type of material evidence must be collected in a different fashion to ensure that the evidence remains as intact and un-contaminated as possible. for example: Blood that is in liquid pools should be collected on gauze pads or sterile cotton and allowed to air dry. Then it should be refrigerated.

At he standard crime scene, photographs will be taken of everything before collection. Larger pieces of evidence will be removed first, such as a computer, or clothing. The ground should be vacuumed any find trace evidence. There are a number different classification for evidence in forensic science. Circumstantial evidence is

       P L D 2021 Supreme  Court  362

Law:-Art. 164 Qanun-e-Shahadat  (10  of  1984

1.Importance  of  modern  forensic  techniques. 

2.Science  and the  criminal justice  system. 

3.Importance  and  admissibility  of DNA evidence  to  establish  the  guilt  or  innocence  of an  accused.-Concept  of  DNA  evidence  as  the strongest  corroborative  piece  of  evidence  explained.

DNA evidence/report,  Per-se  admissibility---Meaning---Requirement of  examining  the  expert  who prepared  the  DNA report  explained.

Under  section 9  of  the  Punjab  Forensic  Science Agency Act,  2007  an  expert  of  the  Punjab  Forensic Science  Agency  (PFSA)  was  considered to  be  an  expert  in  terms  of  section  510,  Cr.P.C.  Therefore,  DNA  test  report  prepared  by  an expert  of  the  PFSA was  per  se  admissible.