Execution of decree

It is a cardinal principle of law that a decree is to be executed in accordance with its terms — Nothing can be added nor any of its terms can be altered or modified — The trial Court while exercising its jurisdiction beyond the terms of the decree acted in an illegal way. Abdul Rashid v. Gulzar 1995 SCR 307 (D)A decree is to be executed in accordance with its terms. Nothing can be added nor any of its terms can be altered or modified. M.C.B. Limited Ltd. v. Rent Controller/Sub-Judge M’Abad & another 1999 SCR 309 (A)
Once a civil Court, particularly the High Court, has finally adjudicated the controversy on merit the execution or compliance of final decree or order cannot be avoided by resorting to technical objections — Finality of a judgment or order by the civil Court is wedded with a command that the same is to be implemented in letters and spirit and procrastination through indirect manner cannot prevail. Azmat Bi & another v. Muhammad Laal 2008 SCR 300 (C)
—Decree passed by consent of parties—decree has attained finality—order passed by the Family Court not outcome of new litigation—rather passed for execution of consent decree–allegation of tampering with marriage certificate seems afterthought—– decree attained finality and passed and closed transaction—even if the appellant had genuine grievance, he should have challenged at proper time. Muhammad Arif Versus Nasreen Akhtar & another 2021 SCR 645 (B)
Exercise of Powers—See Munawar Hussain v. Abdullah & another 2017 SCR 1512 D/1
Expectancy of life—once accused is acquitted of the charge in the criminal proceedings and expectancy of life is accured to him , the Courts coupled with other factors must be given weight to such expectancy. Yasmin Ashraf &others vs Abdul Rasheed Garesta &others 2018 SCR 661 (Y) 2007 SCR 1 rel
—Murder case—Criminal Trial — evidence—appreciation of—the whole prosecution case rests upon the circumstantial evidence and under law such evidence is weak type of evidence and when on the basis of appreciation of evidence, the accused was acquitted of the charge, a right of expectancy of life was accured to the accused from the date of acquittal till the date, he entitled to be benefited by such right. Yasmin Ashraf &others vs Abdul Rasheed Garesta &others 2018 SCR 661 (Z)