Law is defined in several ways according to different philosophies and perspectives. Generally, law consists of rules imposed by a governing authority to maintain order and justice in society. There are different types of law including private law, which governs relationships between individuals, and public law, which deals with state powers and authorities. Laws originate from various sources over time, such as customs, religion, judicial precedents, and more recently, legislation passed by governing bodies. The legislative process involves bills being introduced, debated, and voted on before becoming law.
Salient feature of 1973 constitution of pakistanEHSAN KHAN
Salient feature of 1973 constitution of Pakistan
Constitution is the set of law and principals that determines the nature, functions and limits of the government and other institutions.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Salient feature of 1973 constitution of pakistanEHSAN KHAN
Salient feature of 1973 constitution of Pakistan
Constitution is the set of law and principals that determines the nature, functions and limits of the government and other institutions.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
We already know that the parliament of Pakistan is consists of the two houses and the president. The two houses are known as the Senate and the National assembly. Under the constitution of Pakistan, 1973, in Article 50; the senate was constituted for the first time.
The foremost idea for the establishment of the Senate of Pakistan was to give equal depiction to all federating units. There is equivalent provincial association in the Senate that stable the provincial variation in the National Assembly where the amount of seats is determined based on populace volume.
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution.[1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now.They are Gilgit Baltistan and AJK.As per constitution of Pakistan, these both areas are not a part of Pakistan, rather they are being governed by Government of Pakistan on interim basis.Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1st Nov 1948, that is said to be the independence day of Gilgit Baltistan.Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan.
As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan
The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. The criminal courts were created under the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan Civil Court Ordinance 1964. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world’s sixth-most populous country with a population exceeding 212,742,631 people. In area, it is the 33rd-largest country, spanning 881,913 square kilometres.
We already know that the parliament of Pakistan is consists of the two houses and the president. The two houses are known as the Senate and the National assembly. Under the constitution of Pakistan, 1973, in Article 50; the senate was constituted for the first time.
The foremost idea for the establishment of the Senate of Pakistan was to give equal depiction to all federating units. There is equivalent provincial association in the Senate that stable the provincial variation in the National Assembly where the amount of seats is determined based on populace volume.
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior (or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution.[1] Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.Besides Supreme Court of Pakistan, there are areas that are not constitutional parts of Pakistan till now.They are Gilgit Baltistan and AJK.As per constitution of Pakistan, these both areas are not a part of Pakistan, rather they are being governed by Government of Pakistan on interim basis.Though Gilgit Baltistan declared its independence from Dogra/Maharaja Kashmir on 1st Nov 1948, that is said to be the independence day of Gilgit Baltistan.Likewise, the authority of Constitution of Pakistan is not held there, though through Presidential ordinances, and PM packages, they are governed and given an interim authority delegated by Federal Government of Pakistan.
As the Supreme Court of Pakistan doesn't have jurisdiction over Gilgit Baltistan, thus another form of APEX Court named Supreme Appellate Court for Gilgit Baltistan has been introduced, with designated powers as that of Supreme Court of Pakistan
The subordinate judiciary consists of civil and criminal district courts, and numerous specialized courts covering banking, insurance, customs and excise, smuggling, drugs, terrorism, taxation, the environment, consumer protection, and corruption. The criminal courts were created under the Criminal Procedure Code 1898 and the civil courts were established by the West Pakistan Civil Court Ordinance 1964. There are also revenue courts that operate under the West Pakistan Land Revenue Act 1967. The government may also set up administrative courts and tribunals for exercising exclusive jurisdiction in specific matters
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world’s sixth-most populous country with a population exceeding 212,742,631 people. In area, it is the 33rd-largest country, spanning 881,913 square kilometres.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. What is Law
Meanings of the term “LAW”
The word law is derived from a Latin word “LEX”
which means binding
It may be define as;
“The collection of rules imposed by
authority.”
2. Law is always by authority which has the
capability to impose or enforce it
Because if law is not making by sovereignty
then it will not have its effect
In fact law is command; a command by
superior to an inferior.
3. Different Philosophies of Law:
• The term Law is used in different senses.
• In Physical Sciences Law means
“A uniform behavior of things and
nature.”
• For example; It is Universal Principle that
water flows from higher level to lower
level.
4. • Different philosophers gave their views on
law differently
• There is no single definition of law
• Famous Writers and Jurists have defined the
term Law in different ways.
5. oDefinitions:
Aquinas (a great Jurist) defines law as:
“A rule and measure of acts, whereby
man is induced to act or is restrained
from acting.“
Advocate Austin define Law as:
“The command of Sovereign.”
6. Law consists of rules regulating the conduct
of individuals, business, and other
organizations in a society.
Intended to protect persons and property
against unwanted interferences from others.
Body of rules issued by a controlling authority
to be obeyed and followed.
7. Law is a system of rules normally enforced
through a set of Institutions. (Courts)
All the laws of the entire world made for
Human
Law effects everybody’s lives and society in
different ways.
8. Law has a variety of meanings;
usually involving a fair method of resolving
disputes or following procedures that help
establish sureness as to ownership or right
to sure assets or advantages.
Law also lays down penalties for failure to
hold on to definite social or economic rules.
9. According to these definitions; Law may be
define as:
“Rules established by a governing
authority to institute and maintain the
justice in society.”
OR
“General Rules enacted by the government
and enforced by its authorities.”
10. Rule means:
“To bind individuals to certain actions.
The Speed Limit.”
for example;
it is planned to hold drivers within a
definite acceptable speed. Drivers are
bound to this by police officers and the
warning of fines or arrest.
11. Functions of law
Keep the Peace
Promote Social Justice
Facilitate Orderly Change
Facilitate Planning
Provide a Base for Compromise
Maximum Individual Freedoms
12. Kinds of Law:
1. Private Law
2. Public Law
3. Constitutional Law
4. Case Law
5. International Law
13. Private Law
The law which defines the rights and duties
of the citizens as private individual is called
Private Law.
It deals with the relation between two more
individuals and with the activities of the
private citizens or group of citizens
Private law can be further sub divided into;
Civil Law, Contract Law, Company Law, Law
of Sales of Goods, Partnership Law, Banking
Law etc.
14. Public Law
It deals with the matters relating to the
functions, power and activities of the State
or Public Bodies (like OGDCL(Oil & Gas
Development Corporation Limited),
N.B.P(National Bank of Pakistan),
P.P.L(Pakistan Petroleum Limited),
P.S.O(Pakistan State Oil) etc
15. Constitutional Law
In case of the conflict between Constitution
of 1973 and all the laws operating in
Pakistan or outside Pakistan
Pakistan’s Constitution must be Superior
In Pakistan, Constitution of 1973 is treated
as the supreme Law of the Land
All other laws are sub ordinate to it
And no law can be made in Pakistan against
this Constitution
16. Case Law
Case Law consist of the Judgements and
decisions of Law Courts.
It is therefore known as Judgement Laws or
Precedent (judgements of the courts)
17. International Law
It is a body of general rules and conventions
which are observed by the state in their
relation and dealings with each other
At present the laws made by U.N.O
International Laws are enforceable in such
countries who are the signatory of such
international document
As Pakistan is a signatory of universal
declaration on Human Rights in 1948 etc.
18. Sources of Law:
• Law originates from various sources.
• Some sources are very old such as religion and
customs While others are of quite recent time
such as Legislation
The sources of Law are;
1. Customs
2. Religion
3. Judicial Precedent
4. Legal Commentaries
5. Equity (fairness)
6. Legislation
19. Customs
Customs are important and earliest sources
of Laws
Customs means what the people have
been doing since long
20. It is habit of the people and arises among
them unconsciously
In the past, people behave in a definite way
or had some definite relations with regard to
something of their daily life
21. • The Law which is based on custom is
termed as Customary Laws
• Society life creates customs
• And when these customs become old and
popular or well established
• Then majority of the members of the society
assume the customs to be respectful and
matter of honor and prestige
• And customary principles become
Customary Laws
22. In other words, rules of customary conduct
are framed which are recognized by the
majority of the community in general
And they influence the judicial decisions as
well later they become Laws
23. Religion
Religions is one of the most important
source of Law from very beginning
As we are living in a Islamic State, teachings
of Holy Quran and Sunnah contains several
Laws
Including Family Laws, Law of Inheritance,
Marriage Law, Law dealing with Divorce and
different types of relations, etc are clearly
defined in Holy Quran
24. d
o In Pakistan’s Constitution, it is clearly mention in
Islamic Provision’s of the Constitution of 1973;
Sovereignty over the entire world belongs to
Almighty Allah
No Law would be passed against the teaching
of Holy Quran & Sunnah
All existing Laws shall be brought in
conformity with the injunctions of Islam as
laid down in the Holy Quran & Sunnah
And no Law shall be enacted which is
distasteful (repugnant) to such injunctions
25. Similarly Hindu Laws derived from Hindu
Dharam
and so with other religions and their
followers
26. Judicial Precedent
Laws are also made by the Judges with a sue
(claim)
When a sue are disputed are presented to a
Judge, it may not be covered by the existing
law
So the Judge is responsible at that time to
interpret the law through their decision
This interpretation becomes a precedent
27. So that similar case is presented to another
Judge, he decide it according to the previous
judgment
This decision of Law Court become the
source of Law
And such Law is also called Case Law or
Judgment Laws
28. Legal Commentaries
Laws are studied by the Jurists (a legal
person who has scientific study of Law
and the commentator of Law)
They discuss them
And give their opinion about their validity
and correctness
So the opinion of Jurists (who are well
known in the society) become the source of
Law
29. Equity
Equity means Equality, Fairness
The principle of equity developing in old
times in England
To avoid roughness, unfairness and injustice
Equity corrects the mistakes in the Law
30. Legislation
In modern time Legislation has become
most important source of Law
Modern Life is very complex and full of new
demands and development
Which cannot be regulated by old customs,
religious teachings and principle
31. Religion and customs cannot meet this need
Because they are static, rigid and outdated
The law making organ of the State is called
Legislature like Parliament in Pakistan is a
Federal Legislation
32. Process of Legislation
o Process of Legislation is as under;
1. Most legislation are initiated by the
government and introduced as Government
Bills
2. A bill may originate in National Assembly or
in Senate
3. A bill when Passed by the house where it was
originated is sent to the other house. If the
second house passes the bill without any
amendment the same is presented to the
president for assent to enact it as a Law
33. Some basic concepts of private law:
Legal Right:
Definition:
• an interest protected by the law, and enforceable
through the courts
• Which give the right one person to the
uninterrupted enjoyment of an asset or method
or means of living his life
34. together with the requirement;
that those who deprive that person of the
interrupted enjoyment of the asset or
method, or means of living his life
should be required to compensate him for
his loss
35. abstain from depriving the person of the
uninterrupted enjoyment
or carryout such acts as should enable him
to continue with his previous enjoyment.
37. oPersonal Rights:
• Enforceable against an individual person or
group of persons, or against an organization
or Government body, such as a right to sue
(bring a claim) someone if he injures you or
doesn’t pay your bill.
38. Real Rights:
an exclusive interest or benefit enjoyed
by a person in a thing (i.e. property or
assets), enforceable against the world
at large.
39. Legal Persons
Definition of a ‘person’ in the legal
sense:
any being or individual which the law
recognizes as being capable of acquiring
rights and duties
familiar examples being human beings,
companies, local authorities, partnerships,
universities, the Government etc
40. Legal personality is determined by the law
“things” never have legal personality
41. Legal Capacity
This relates to the ability of legal subjects to
perform valid legal/juristic acts: for
example, children and the insane
(senseless) have limited legal capacity
Local Authorities are not authorized to carry
out definite acts.