Khyber Law Society

SOLITARY CONFINEMENT UNDER PPC (SECTION 73,74) Introduction: Solitary confinement is a form of imprisonment through which psychological pressure is imposed upon an offender by disallowing him to have any contract with other persons during imprisonment.   RELEVANT PROVISIONS: Sections 73 & 74 of Pakistan Penal Code 1860.   Who Can Award Solitary Confinement? Court can award solitary confinement only in that case in which a person is convicted of an offence for which the court has power under Pakistan Penal Code to sentence him to rigorous imprisonment for any portion or portions of imprisonment to which he is sentenced and such solitary confinement should not exceed three months in the whole. Solitary confinement can be awarded at either of following three scales.   ·       If the term of imprisonment, to which an offender is sentenced, does not exceed six months, offender can be kept in solitary confinement for a period, which should not excee...

  SALE AND ITS ESSENTIALS   SALE : ( Section 54, TPA 1882) " Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. (It is the transfer of ownership for money consideration ( i.e   it’s an absolute transfer of all the rights in the property sold, for money consideration ).     ESSENTIALS OF A VALID SALE: There are four essentials of a valid sale which are discussed as under:   1)     PARTIES:   Ø There must be at least two parties i.e buyer (transferee) and seller(transferor). Ø Buyer or seller can be a natural person or a juristic person. Competency Of Seller : Ø Major, Sound Mind and Not Disqualified By Law (competent to contract). Ø Must be the owner of the property (immovable) ,or, authorized to sell the property.       Competency Of Buyer: Ø Any person capable of holding the property and not disqualified by law. ( It ...

  PROPERTY: In general property can be defined as: “Anything which is capable of being transferred from one person to another”. Property may be : 1)      Intangible Property : which cannot be touched (i.e property not having physical existence). It may be in the form of certain rights and interests.      e.g IP Rights, Right to way , Right to receive rent etc.   2)      Tangible Property : which can be touched (i.e property having physical existence). It is further divided into:   Ø Movable property :                                   The form of tangible property which can be moved from one place to another without losing its form/shape (i.e   can be moved from one place to another without being destroyed).   e....