INTRODUCTION The constitution of 1973 is partly parliamentary and partly presidential in nature. The president is a symbol of the unity of Pakistan He is elected by the Provincial Assemblies as well as the National Assembly. The president is constitutionally required to act on the advice of the Prime Minister’s cabinet, but such advice ought … Read more
INTRODUCTION The President during the period of emergency, exercises the most prestigious powers conferred by the Constitution to protect the solidarity of the country, and economic interest and to get nd of the financial crisis. The president is authorized to issue a proclamation of emergency for the whole of the country or any part of … Read more
INTRODUCTION Members of parliament (MPs) are elected representatives who make and pass laws, represent constituents, debate policies, oversee government actions, and participate in legislative processes, ensuring checks and balances in the democratic governance of a country. COMPOSITION OF PARLIAMENT There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and Houses to … Read more
INTRODUCTION The constitution of the Islamic Republic of Pakistan provides a procedure for legislation in part chapter 2. The parliament has three functions viz to make laws, to grant finance to the Govt, and to administer the policies of the Ministries, The important function of the parliament is to make laws for the state. It … Read more
INTRODUCTION The Supreme Court is the highest court in Pakistan. It is both a constitutional and an ordinary court of law. All decisions of the Supreme Court of Pakistan are binding on all the courts in Pakistan. The Principal seat of the Supreme Court is in Islamabad and Branch Registries are in the provincial capitals … Read more
INTRODUCTION According to Article 175, there shall be a High Court for each Province and Islamabad High Court The most prestigious power exercised by the High Court and Islamabad High Court is the writ jurisdiction. The writ power exercised by High Court and Islamabad High Court is subject to the Constitution The High Court can … Read more
INTRODUCTION A crime is an act committed or omitted in violation of public law forbidding or commanding it. In Pakistan, where the whole criminal law is enacted and codified, crime means an act punishable by the Pakistan Penal Code or other penal statutes. DEFINING THE TERM CRIME In a Literal Sense, Crime means: Activities … Read more
INTRODUCTION The word “Tort” is a French word. It is derived from the Latin word “Tortum” which means “to twist” or “wrong”. A tort is a civil wrong for which a remedy is available to the wronged person in the civil courts. For example, a duty of care to other road users is imposed by law … Read more
AGREEMENT Introduction An agreement is a mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more persons. Definition Section 2(e) of the Contract Act defines an Agreement as follows; An agreement is every promise and every set … Read more
INTRODUCTION Marriage or Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman, and issues out of this union are legitimate. Under Islamic Law, a contract of marriage, need … Read more
INTRODUCTION Theories of punishment have been propounded by various jurists at different ages of time. An authentic theory in this regard has been a subject of debate for many centuries. With time, various theories have been proposed with special reference to contemporary legal systems. Each theory has its own particular merits and demerits. DEFINITION … Read more
INTRODUCTION It is a general rule that all persons who suffer from a tort can sue and all persons who commit a tort can be sued in tort. This rule is based on equality before the law guaranteed by Article 25 of the Constitution of Pakistan 1973. Certain persons or bodies cannot sue, whilst others … Read more
Preface Consideration is something in return for something. In the eyes of the law, consideration means some rights, interests, or benefits accruing to one party and certain responsibilities undertaken by the other. Relevant Provisions Sections 2(d), 23, 24, 25, 127, and 185 of the Contract Act, of 1872 deal with consideration in a contract. … Read more
INTRODUCTION Talaq is one of the modes of dissolution of the marriage tie of the husband and the wife It is the right of the husband to dissolve the marriage. Divorce is a vexed question in Islamic law. Talaq or divorce is regarded by Holy Prophet (PBUH) to be the “most detestable before Allah of … Read more
INTRODUCTION Liability is the bond of legal necessity that exists between the wrong-doer and the remedy of the wrong. It has its source in the supreme will of the state. A. VICARIOUS LIABILITY According to Fleming: Vicarious liability is a principle where the law holds one person responsible for the misconduct of another. BASIS … Read more
INTRODUCTION Damages are Remedies are some important concepts in Tort Law. two types of remedies are available to the victim of a tort. They are classified into the following two categories (a) Judicial Remedies and (b) Extra-Judicial remedies. Damagés and injunctions are merely two different forms of remedies against the same wrong. The third remedy … Read more
Preface Free consent means a voluntary agreement by a person. That person must possess and exercise sufficient mental capacity to make an intelligent choice to do something proposed by another person. Relevant Provisions Sections 14, 19, and 20 of the Contract Act, of 1872 deal with free consent. Definition of the term “Consent” … Read more
INTRODUCTION Crime is such a phenomenon that has affected all societies throughout history. Crime takes many forms, including assault, fraud, and drug trafficking. Criminologists always try to understand the root causes of crime, including the social, economic, and psychological factors that contribute to criminal behavior. Despite efforts to reduce crime, it remained a significant challenge … Read more
INTRODUCTION Defenses in torts are an important concept. There are some conditions that, when present, will prevent an act from being wrongful which in their absence would be wrong. In an action in tort, when the plaintiff proves the essential elements of the tort, the defendant may avoid general defenses or exceptions to liability in … Read more
Preface Coercion in a contract refers to the use of force, threats, or undue influence to compel someone into entering or modifying a contractual agreement against their free will. It undermines the voluntary nature of contracts and renders them legally unenforceable. Relevant Provisions Sections 15, and 19 of the Contract Act, of 1872 deal … Read more