نشریه قضاوت
پیاپی 77 (تابستان 1391)

- The Precedent No. 726 of General Board of the Supreme Court about the Jurisdiction of the Court in Hearing the Cases Relating the Documents of Registry of Personal Status
- The Precedent No. 727 of General Board of the Supreme Court about the Jurisdiction of the Court in Hearing the Retribution of Illegally Transporting, Hiding, and Holding Weapons and Ammunitions
- The Executive Regulation of Article (228) of the Fifth Development Five-Year-Plan of I.R.I.B
- The Executive Regulation of Item "B" of Article (101) of the Fifth Development Five-Year-Plan of I.R.I.B
- The Statute of the Country's National Center for the Cyberspace

-Non-compliance with the imposed obligations of article 138 of the Criminal Procedure Law-Non-compliance with the issued regulations-Negligence in performing the duty

Review of a verdict about hire-purchase

The following questions were discussed in the round table, and the commission votes as follows:457- Under which title an increase in the price of a property occupied by the government institutions for the civil or military plans from the time of the assessment by an expert up to the execution time is demandable?
Opinion of Majority of Votes of the Members in the Session:Under article 1 of the Legal Bill of Purchase and Ownership of Lands 
approved in 5/2/1980, when any executive system for its civil or any other plans needs lands, buildings, etc owned by natural or legal persons, according to the respective regulations, it can by or own them which on this basis and according to article 4 of the mentioned law, in order to assess the fair price of the mentioned lands in case of disagreement between the owner and executive system, a board consist of three official experts is formed and since the opinion of this board of experts is certain and the appropriate verdict is issued on its basis, then it is impossible to change it, on the other hand it may take a long time from the verdict’s date of certainty to its implementation by the executive system in which the price of the land increases and causes the loss of the owner but based on the Principle of no Harm and because of the establishment of debt for executive institutions, a separate claim under the title of claim for damages of delay in payment can be filed.According to the note following article 19 of the law of the Association of the Official Experts which states that cases in which transactions requires the assessment of the fair price by an official expert, the proposed opinion will be valid for 6 months from the date of its issuance. Whether the mentioned governmental institution refuses to pay the price to the proprietor; the expert’s opinion must be taken again and it should be performed on its basis.
458- Are the civil actions of the foreigners who are illegal residents in Iran, auditable?
Opinion of Majority of Votes of the Members in the Session:According to principle 34 of the Constitution Law: litigation is the incontestable right of everyone and everybody is can proceed in competent court in order to petition… and no one can be prohibited from proceeding in the court which is legally allowed to proceed and this principle is common and generally accepted and includes all residents of Iran and exiting the illegally foreigner residents form this principle requires wording and just an illegal residence is not an obstacle for the foreigners’ petition.

Civil Execution of Judgments against Legal Persons of Public Law
The lecture of Mr. Rostami:In discussions related to the financial rights and especially considering the fiscal and financial laws which are applied in executive systems, some issues are encountered which are interrelated to the legal subjects and one of these issues which is shared between the private and public laws is the subject of the execution of civil judgments against the government and legal persons if public law. The purpose of legal procedure is to issue a verdict and execute it and without execution of the verdict, this procedure will not reach its purpose.
There are some principles in the criminal and civil execution of judgments which states that the verdict must be executed on time and any factor which causes delay in the execution is against the principles. But there are some exception rules about the civil execution of judgments against the legal persons of public law. In this lecture those exceptions are specified in detail.

Execution of judgments is the last stage of the criminal legal procedure of Iran’s legal system. Iran’s legislator especially after the Islamic Revolution has also paid its attention to criminal execution of judgments along with islamization on all levels of legislation and tried to consider Islamic standards in the process of legislative affairs. But it has been tried to have a successful presentation on the level of international society to gain an acceptable face with respect to international commitments which in some cases has met challenges. the criminal and civil execution of judgments which states that the verdict must be executed on time and any factor which causes delay in the execution is against the principles. But there are some exception rules about the civil execution of judgments against the legal persons of public law. In this lecture those exceptions are specified in detail.

Evidence has been considered as one of the main bases of civil and criminal trial procedure and in Criminal Procedure Law, it would be impossible to attribute the criminal behavior to its perpetrator or prove innocence and consequently execute the penalties and provisional and educational arrangements or declare his innocence. In the criminal procedure system, the process of obtaining evidence and adapting it to the standards specified in the international and human rights related documents is one of the less considered cases. Regarding the phenomenon of globalization and tendency toward the creation of a global system of criminal procedure and the deficiencies of the national criminal systems specially observed in the system of proving the evidences of criminal cases, naturally tendency toward a human-based and human rights approach in collecting the criminal evidences has been welcomed which shows the existing deficiencies in the system of proving the evidences of criminal cases in a territorial framework and tendency to establish a system based on the goals of the criminal justice.

A. IntroductionB. 1. Criminal LegislationB. 2. Criminal Justice Actors and InstitutionsB. 3. Criminal ProcessC. Types of Criminal JusticeC. 1. Criminal Model or Crime Controlling ModelC. 2. Justice-based Model or Fair Trial ModelD. Conclusion

ubject: A visit of public courts of Fashafouyeh district
The following topics have been under consideration:1. The suit subject of confirmation or enforcement of cancellation is a financial lawsuit.2. The notification of the judicial notes is done whether to the addressed person (actual) or to someone other than the addressed one according to the legal formalities (legal).3. The suit subject of insolvence of paying the legal expenses is independent from the main suit.4. After involving the lawyer in the legal procedure, all judicial notes must be notified to the lawyer and not the client.5. With the assumption that the appellant is not licensed to appeal, issuing the writ of rejecting the petition by the court of first instance is not right according to sub-article (2) of article (339) of the civil Procedure Law.6. The signature at the bottom of the bill of exchange is considered as endorsement.

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This paper examines the issue relating to the enforceability of foreign judgments in Pakistan. In the existing law, there are two categories of judgments, one passed by the courts of reciprocating states and the other by non-reciprocating states. The judgments of reciprocating states are enforceable per se, but for non-reciprocating states, the judgment creditor will have to seek enforcement by filing a suit in the appropriate court.