CURRICULUM - :: Welcome to Abdul Wali Khan University …€¦ · Law 218 ISLAMIC STUDIES / ETHICS 3 Cr. H ... Unicameral & Bicameral, Merits and Demerits. (5) President system of

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ABDUL WALI KHAN UNIVERSITY,

MAIN CAMPUS,

MARDAN

DEPARTMENT OF LAW

CURRICULUM

LL.B (5-Year) PROGRAMME

ITALIC = COMPULSORY COURSES: 11 Cr. Hrs = 33

NORMAL = GENERAL / SUPPORTIVE 07 Cr. Hrs = 21

BOLD = LAW COURSES 37 Cr. Hrs = 111

TOTAL CREDIT HOURS: = 165

YEAR-1

SEMESTER I

Module

Code

Module Title Credits

Law 211 ENGLISH-I 3 Cr. H

Law 212 PAKISTAN STUDIES 3 Cr. H

Law-213 SOCIOLOGY 3 Cr. H

Law 214 FUNDAMENTALS OF ECONOMICS 3 Cr. H

Law 215 INTRODUCTION TO LAW 3 Cr. H

Law 216 SKILLS DEVELOPMENT-I 3 Cr. H

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SEMESTER II

Module

Code


Law 217 ENGLISH-II 3 Cr. H

Law 218 ISLAMIC STUDIES / ETHICS 3 Cr. H

Law 219 POLITICAL SCIENCE 3 Cr. H

Law 220 LEGAL SYSTEM OF PAKISTAN 3 Cr. H

Law 221 HISTORY (SOUTH-ASIA) 3 Cr. H

Law 222 SKILLS DEVELOPMENT-II 3 Cr. H

POLITICAL SCIENCE

Credit Hours: 3 Per Week Course Code: Law 219

A. Political Science – Meaning & Scope

(a) Political Science – Definition

(b) Importance, Scope and utility of political science

(c) Political Science and Law – Critical Analysis

(d) Is Political Science really a Science or Art?

(e) Relation of Political Science with:

i. History ii. Sociology iii. Economics iv. Jurisprudence & Law v. Ethics & vi. Geography.

B. The State – Its Origin

(1) (a) The State – Definition

(b) Elements of the State

(c) State and i. Government ii. Society iii. Associations

(2) Origin and Evolution of the State – Theories

(a) Theory of Divine Origin (b) Theory of Force

(c) Patriarchal Theory (d) Matriarchal Theory

(e) Theory of Social Contract (f) Evolutionary or Historical

Theory

C. Sovereignty

(1) (a) Sovereignty – Definition

(b) Characteristics of Sovereignty

(c) Kinds of Sovereignty

(d) Theories of Sovereignty

(2) (a) Islamic Concept of Sovereignty

(b) Khilafat

D. Rights & Duties

(1) (a) Rights – Definition (b) Classification of Rights

(c) Universal Declaration of Human Rights

(d) Islamic Concept of Rights

(2) (a) Duty – Definition & Meaning (b) Kinds of Duties

E. Forms of Governments

(1) (a) Dictatorship – Meaning, Main features, Advantages and Disadvantages.

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(2) (a) Demoracy – Definition (b) Kinds of Democrary

(c) Condition for Democracy (d) Merits & Demerits of Democracy

(3) (a) Aristocacy – Meaning, Characteristics, Advantages and Disadvantages.

F. Systems of Governments

(1) (a) Unitary – Meaning, Merits and Demerits

(2) (a) Federal System – Definition

(b) Condition necessary for Federation

(c) Characteristics and Features of Federation

(d) Advantages and Disadvantages

(3) Comparison of Unitary and Federal system

(4) Parliamentary form of Government – Meaning, Unicameral & Bicameral, Merits and Demerits.

(5) President system of Government – Nature, Merits and Demerits

(6) Comparison of Parliamentary and president systems.

G. The Branches of Government

(1) Theory of the Separation of Powers

(2) Branches of the Government:

(a) The Executive (b) The Legislature

(c) The Judiciary

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YEAR-2

SEMESTER III

Module

Code


Law 223 ENGLISH-III 3 Cr. H

Law 224 LOGIC AND REASONING 3 Cr. H

Law 225 ISLAMIC JURISPRUDENCE-I 3 Cr. H

Law 226 LAW OF TORTS 3 Cr. H

Law 227 LAW OF CONTRACT-I 3 Cr. H

Law 228 RESEARCH METHODS 3 Cr. H

ISLAMIC JURISPRUDENCE – I


1. Customs and usages in Arab before Islam

2. History of the growth of the Muslim legal system

3. Various Schools of Islamic Law

4. Sources of Law

a. The Qur’an and the Traditions

b. Ijma and customs

5. Juristic Deduction

a. Qiy’as or Analogy

b. Istehsan or Juristic Equity

c. Istedlal

d. Ijtehad and Taqlid

6. Acts, Rights and Obligations

7. Legal Capacity

8. Ownership and Possession

9. Constitutional Law

10. Muslim International Law

11. Law of Contract

12. Islamic Law of Crimes and Torts

The following books may be added to the reading list:

1. The early development of Islamic Jurisprudence by Ahmad Hassan.

2. A History of Islamic Law by N J Coulson.

3. Islamic Jurisprudence by Imran Ahmad Nyazee.

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LAW OF TORTS

Credit Hours: 3 Per Week Course Code: Law. 226

1. Definition of Tort

2. Difference between Tort and Crime; Tort and Breach of Contract

3. Essentials of Tort

4. Personal Disabilities

5. Discharge of Tort

6. Exceptions of Tort

7. Master and Servant

8. Remedies

9. Measurement of Damages

10. Remoteness of Damages

11. Defamation – Essential of Libel and Slander, Defences

12. Negligence and contributory Negligence

13. Nuisance; Public Nuisance and Private nuisance

14. Malicious Prosecution

15. Fraud and Misrepresentation

16. Assault, Battery and Malice

17. Wrongful Confinement

18. Subrogation

Books Recommended

1. Windfield on Torts.

2. R.K. Kapoor on Law of Tort.

3. Salmond on Torts.

4. A M Chaudhry on Law of Torts.

5. Law of Torts by Underhill.

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LAW OF CONTRACT – I


Objectives:

A study of the general principles of contract, essentials of contract the rules governing the performance

breach and consequences thereof, specifically contracts of indemnity, guarantee, bailment and Agency.

Contract in General

Definition

Offer and acceptance

Communication

Revocation

Terms of contract

Voidable contracts and void contracts

Void agreements

Contingent contracts

Essential of a Valid Contract

Agreement

Competency

Free consent

Lawful consideration

Lawful object

Consideration

Elements of consideration

Kinds of consideration

Exceptions

Matters of affecting the validity of a Contract

Coercion

Undue influence

Fraud

Misrepresentation

Mistake

Forbidden by law

Wagering

Void agreements

Performance of Contract

Mode of performance

a. Performance of contract (actual and otherwise)

b. Time and place of performance

c. Performance of reciprocal performance

d. Manner of performance

e. Contracts which need not be performed

f. Assignment of contract

g. Assignment of liability and Right

h. Discharge by Agreement

i. Remission of performance

j. Extension of time

Breach of Contract and Consequence thereof

Meaning

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Option of the agreed party

Total and partial breach

Remedies

Damages – General and Special

Measure of damages

Quasi Contracts

Rationale

Conditions of liability

Payment made under mistake of fact and voluntary payments

Text Books:

1. The Contract Act (IX of 1872)

2. Anson’s Law of Contract

3. Law of Contract by Cheshire and Fitfoot

Reference Books:

1. Law of Contract by Avtar Singh

2. The Contract by D.F. Mullah

3. Law of Contract by V.G. Ramachandhraw

4. Principles of Contract by Sajid Qureshi

5. The Contract Act by M.A. Mannan

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SEMESTER IV

Module

Code


Law-229 HUMAN RIGHTS LAW 3 Cr. H

Law-230 CONSTITUTIONAL LAW-I

(COMPARATIVE) 3 Cr. H

Law-231 LAW OF CONTRACT-II 3 Cr. H

Law-232 ISLAMIC JURISPRUDENCE-II 3 Cr. H

Law-233 COMPARATIVE RELIGIONS 3 Cr. H

HUMAN RIGHTS LAW


AIM & OBJECTIVES

Human Rights Law is a distinct area of law and raises a number of challenging questions for lawyers: How can

international human rights standards be implemented across diverse cultures, nations, religions,

economic systems? What rights and responsibilities does the individual have under international law?

What is the relationship between State sovereignty and human rights? These questions are a matter of

concern not only to international lawyers but also to all those interested in understanding the difficulties

that arise in protecting human rights at an international level.

Part One of the Human Rights course introduces students to the international system for the protection of

human rights, as developed through the United Nations system post-1945. Students are introduced to

the theoretical and practical problems that arise when attempting to enforce international standards for

the protection of human rights.

Course Contents

1. Historical Development of International Human Rights Law 34

2. The Normative Framework of International Human Rights Law: the UN System for the Protection of Human

Rights

3. Regional Systems for Human Rights Protection:

Inter-American System

African Charter of Human and Peoples Rights

European Human Rights System

A regional human rights approach to human rights in Asia?

4. Universalism and Cultural Relativism: Contemporary Debates

5. Human Rights in Islam

Selected Topics

1. The Death Penalty in International Law

2. The right to the highest attainable standard of health

3. The Prohibition of Torture in International Human Rights Law

4. Racism and International Law: The UN Convention on the Elimination of All Forms of Racial

Discrimination: Racism and International Human Rights Law

5. Discrimination Against Women and International Human Rights Law

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6. The Rights of Refugees in International Law

7. Children’s rights in International Law

8. Terrorism and Human rights

9. The International Criminal Court

Recommended Textbooks

Rehman J International Human Rights Law (Longman: 2002).

Alston and Steiner International Human Rights in Context: Law, Politics and Morals, Oxford: Oxford

University Press, 2000 (2nd edition).

Blackstone’s International Human Rights Documents (4th ed.) 2004 (for exam use)

Other useful readings

Robertson G, Crimes against humanity: the struggle for global justice (2nd ed. 2002).

Harris D J, Cases and Materials in International Law (5th ed.) chapter 9.

Human Rights Watch: World Report 2003/4 (NY: Human Rights Watch),

available online http://www.hrw.org

Amnesty International World Report http://www.amnesty.org

Cassese A, International Law (2002), ch.16.

Charlesworth and Chinkin, The Boundaries of International Law (2000)

ch.7.

Periodicals

Human Rights Quarterly

International and Comparative Law Quarterly (ICLQ)

American Journal of International Law (AJIL) 35

International Legal Materials (ILM) (includes international legal instruments and case reports)

Harvard Human Rights Journal (available on LEXIS - NEXIS)

Columbia Journal of Human Rights Law (available on LEXIS -NEXIS)

Reports, Judgments and Advisory Opinions of the International Court of

Justice, ICJ Reps, Q+1, also available at http://www.icj-cij.org

RECOMMENDED WEBSITES

UN resources

http://www.un.org (United Nations)

http://www.un.org/rights (United Nations, Human Rights)

http://www.unhchr.ch (Office of the UN High Commissioner for Human Rights)

http://www.unhchr.ch/data.htm (Data search on UN human rights documents,

both treaty-based and charter-based)

http://www.unhcr.ch (UN High Commissioner for Refugees)

Non-Governmental organizations

http://www.hrw.org (Human Rights Watch, an international non-governmental organisation)

http//www.amnesty.org (Amnesty International)

Other links

http://www1.umn.edu/humanrts/ (University of Minnesota Human Rights Library)

http://irlgov.ie/iveagh (Irish Govt, Dept of Foreign Affairs, Human Rights Unit - Click on Human Rights –

under Policies. This site includes links to both international and national human rights websites)

http://www.iccl.ie (Irish Council for Civil Liberties)

http://www.nihrc.org (Northern Irish Human Rights Commission – includes excellent links to other human

rights internet resources)

http://www.umn.edu/humanrts/index.html (University of Minnesota, Human Rights Library and Database,

excellent research resource)

http://www.icj-cij.org/

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http://www.asil.org (American Society of International Law. The Guide to Electronic Resources available at

this site includes an annotated guide to human rights internet resources) 36

RECOMMENDATIONS

1. The Committee propose 21 courses for three-year LL.B programme (7 courses for each year) instead of

existing scheme of courses that is 20 courses.

2. The meeting unanimously resolved that the Pakistan Bar Council’s ‘Affiliation of Private Law Colleges

Rules’ be adopted forthwith. In this respect the Higher Education Commission is requested to exercise

its powers under Section 10(d) of the Higher Education Commission Ordinance, 2002 for its immediate

adoption and implementation by all universities imparting legal education.

3. The Committee noticed the deteriorating standards of teaching and research in universities in the subject of

Law and strongly proposed to establish a ‘Centre of Excellence in Law’ at National Level with its

focus on quality research. The HEC is requested to examine the proposal and take necessary measures in this

regard.

4. To conduct Training/Refresher Courses for the proposed new areas with the support of the HEC — Human

Rights, Environmental Law.

5. To allow Non-practicing allowances to whole-time University Law Teachers as per recommendations of the

Justice S.A. Rehman Commission (1958-59).

6. To appoint full-time Law Teachers in all Law Colleges/Law Faculties.

7. To provide proper facilities/scholarships to Law teachers to improve their qualifications.

8. To commence morning-classes in all Law Colleges/Faculties.

9. It is desirable to have Entry Test for admissions to Law Colleges.

10. The Committee felt the need of a forum of law-teachers at the National Level for smooth functioning and

coordination between various institutions.

The NCRC requested the HEC to reprint some of the recommended books for different courses: through

National Book Foundation, which are not available in the market.

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CONSTITUTIONAL LAW – I


Objective:

A study of basic features of political and constitutional thought in Islam and analysis of the

constitutional principles of the British and American constitutions.

I. Principles of State and Government in Islam:

Basic features of the political and Constitutional thought of Islam

Characteristics of an Islamic State

Objectives of an Islamic State

Authority and Shura in Islamic State

Legislature, Executive, Judiciary and other institutions.

II. Principles of British Constitution:

Salient features of the British Constitution.

Difference between constitution and constitutional law.

Sources and nature of the British constitution.

Separation of power. How for it is presented in British constitution.

The Rule of Law.

Parliamentary Supremacy

British Constitutional (Crown)

British Cabinet

British Parliament

Privileges of the Parliament

Fundamental rights

Liberty of Expression

Judiciary

Local Government

Political parties

III. Constitution of United States

Brief History of Conventions leading to the passing of American

Constitution

Important Characteristics / Salient Features

Human rights Bill – Civil Liberties

Ratification of the Constitution

Congress, Its two Hourss – Legislature Procedure

Senate and effectiveness of its control

Separation of powers

President – His election, powers and checks on them

i. Judiciary – its role in the development of constitution

ii. Judiciary as Champion of Civil Liberties

Rigidity – Procedure of amendments

Text Books:

1) Principles of State and Government in Islam by Muhammad Asad

2) The English Constitution by Begehot

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3) The govt. of U.S.A by Munro

4) The American Political System by Brogan.

5) Islamic State of Syed Abul Ala Moududi.

Reference Books:

1) Law of Constitution by Diey

2) The American Presidency by Lasaki

3) Modern Constitutional Law – Cases and Notes by ronal D. Rotunda

4) The Government of England by Lowell

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LAW OF CONTRACT – II


Objective:

A study of different provisions of the Sale of Goods Act 1930 and Islamic Law of Sale with reference

to contract of sale, conditions including warranty and lien and breach of contract.

I. Indemnity & Guarantee

Meaning

Rights of indemnity holder

Consideration of guarantee

Rights and liabilities of surety

Revocation of contingent guarantee

Discharge of surety

Release of surety

Right and liability of co-sureties

Rights of surety on payment or performance

Defenses of surety

Bailment & Pledge

Meaning

Rights and liabilities of bailor and bailee

Rights of finder of goods

Bailee’s lien

General lien of Bankers, wharfinger and Attorneys

Rights of pawnor and pawnee

Suits by Bailor and bailee

Agency

Meaning

Relation of Principal and Agent

Extent of Agent’s authority

Sub-agent and his responsibility

Ratification and revocation of authority

Duties of Principal and Agent

Agent’s Lien on Principal property

Indemnification of the Agent’s acts

Effect of mis-representation or fraud by Agent

II. The Sale of Good – 1930

The Contract Act – 1872

The Sale of Goods Act – 1930

Reference Books

1. The Sale of Good Act by Frederick Pollock

2. Law of Contract by V.G. Ramachandhraw

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ISLAMIC JURISPRUDENCE – II


1. Customs and usages in Arab before Islam

2. History of the growth of the Muslim legal system

3. Various Schools of Islamic Law

4. Sources of Law

a. The Qur’an and the Traditions

b. Ijma and customs

5. Juristic Deduction

a. Qiy’as or Analogy

b. Istehsan or Juristic Equity

c. Istedlal

d. Ijtehad and Taqlid

6. Acts, Rights and Obligations

7. Legal Capacity

8. Ownership and Possession

9. Constitutional Law

10. Muslim International Law

11. Law of Contract

12. Islamic Law of Crimes and Torts

The following books may be added to the reading list:

1. The early development of Islamic Jurisprudence by Ahmad Hassan.

2. A History of Islamic Law by N J Coulson.

3. Islamic Jurisprudence by Imran Ahmad Nyazee.

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SEMESTER IV

YEAR-3

SEMESTER V

Module

Code


Law 234 JURISPRUDENCE – I 3 Cr. H

Law-235 CONSTITUTIONAL LAW– II (PAKISTAN) 3 Cr. H

Law 236 ISLAMIC PERSONAL LAW – I 3 Cr. H

Law 237 CRIMINAL LAW – I 3 Cr. H

Law 238 LAW OF PROPERTY – I 3 Cr. H

JURISPRUDENCE – I


Objective:

A study of the concepts of Law, Its development and Application.

Nature of jurisprudence:

Definition

Jurisprudence a study and analysis of Legal concepts

Value and scope

Relation with other social sciences.

Kinds and schools of Jurisprudence

Historical

Natural

Analytical

Other schools

General and particular jurisprudence

Law in Genera

Definitions of various jurists.

Authority of Law

Function and purpose of law

Law & positive morality

Kinds of Law

Source of Law

Formal & material sources

Legal & Historical sources

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(B) Legislation

Supreme & Subordinate legislation

Advantages of statute law

Binding force of statutes

Codification

Interpretation of statutes

(C) Precedent

Authority of precedent

Kinds of precedent

Doctrine and evolution of Stare Deciesis

Obiter Dicta

Ration Decidendi

Per incurium, Sub silento

Doctrine and prospective overruling

Advantages and disadvantages of precedent

(D) Customs

Oriing and nature of customary Law

Characteristics

Factors that give binding force to custom

General and particular custom

Administration of Justice:

Concept and therories of justice

Kinds of administration of justice

Civil justice System

Criminal justice System

Punishment

Theories of Punishment

Sovereignty

State & its origin

State and Government

Sovereign State

Essentials of Sovereignty

Text Books:

Salmond Sir J.: Jurisprudence

VD. Mahaja, Jurisprudence.

Reference Books:

1. Paton, G.W. Text book of Jurisprudence

2. Buckland, W.W. Reflections on Jurisprudence.

3. Hibbert, W.N. Jurisprudence

4. Pollock, F.A. First Book of Jurisprudence.

5. VINORGRADOFF, S.P. Common Sense In Law.

6. Sapru, T.N. Modern Jurisprudence.

7. Dias, R.W.M. Jurisprudence

8. L.B. Curzon: Jurisprudence.

9. Edger Boden Heimer Jurisprudence.

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CONSTITUTIONAL LAW - II


Objective:

1. A Brief study of various constitutional instruments promulgated before and after independence with

reference to the development of constitutional principles in Pakistan.

2. A detailed study of the Constitution of Islamic Republic of Pakistan, 1973 with special reference to the

concept of sovereignty of Almighty Allah, parliamentary democracy and independence of Judiciary.

I. Constitutional Developments

The Government of India Act – 1935

The Indian Independence Act – 1974

The 1st Constituent Assembly

Objectives Resolution

Dissolution of Constituent Assembly and its after effects.

Salient features of the Constitution of 1956

Developments leading to the abrogation of the Constitution of 1956.

Salient features of the Constitution of 1962.

Causes of failure of the Constitution of 1962

Comparative study of significant features of Constitutions of 1956. 1962 and 1973

Cases leading to the development of Constitutional principles

The Federation of Pakistan vs, Moulvi Tamizuddin

Yusuf Patail vs. Government of Sind.

Reference – I of 1955

The State vs. Dosso PLD 1958 S.C.

Asma Jillani vs. federation of Pakistan PLD 1972 S.C.

Nusrat Bhutto vs. State PLD 1977 S.C.

II. The Constitution of Islamic Republic of Pakistan, 1973

Introduction

Preamble

Islam the State Religion

Right to be dealt with in accordance with Law.

High treason.

Fundamental Rights and Principles of Policy

Definition of State

Inconsistency of Laws inderogation of fundamental rights.

Rights relating to persons.

Rights relation to property etc.

Responsibility of the State with regard to the principles of policy.

Federation of Pakistan

Parliament

The Federal Government

Powers of the President to promulgate Ordinance.

Provinces

Governors

Province Assemblies

The Provincial Government

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Powers of the governor to promulgate Ordinance

Relations between Federation and Provinces

Distribution of legislative powers.

Administrative relations between Federation and Provinces.

Council of Common Interest.

National Economic Commission.

Finance

National Finance Commission

Federal consolidated fund

Public Accounts

Auditor General of Pakistan

The Judicature

Supreme Court

High Courts

Federal Shariat Court

Federal Shariat Court

Supreme Judicial Council

Administrative Courts and tribunals

Election Commission

Chief Election Commissioner

Electoral Laws

Conduct of Election

Islamic Provisions

Islamization of Laws

Council of Islamic Ideology

Emergency Provisions

Emergency on account of war or Internal disturbance

Financial Emergency

Parliament’s powers to make laws of indemnity

Amendment of Constitution

Text Books

1. The Constitution of Islamic Republic of Pakistan. 1973.

2. The Constitution of Islamic Republic of Pakistan. 1973 by justice Muhammad Munir

3. Constitutional Development in Pakistan by G.W. Choudry.

Reference Books

1. Constitutional history by J. Masud Ahmad

2. F.J. Newman: Essays on the Constitution of Pakistan.

3. Fridman: Pakistan Constitution

4. Juening, Siriver; Constitutional Problems of Pakistan.

5. Struggle for Pakistan by Dr. Ishtiaq Hussain Qureshi.

6. The Fundamental Law of Pakistan by A.K. Brohi.

7. Constitutional, Law and Pakistan Affairs by Dr. Nasim Hassan Shah.

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ISLAMIC PERSONAL LAW – I


1. Marriage

2. Dower

3. Modes of the Dissolution of Marriage

4. Iddat

5. Maintenance

6. Parentage – Legitimacy and acknowledgement

7. Guardianship of Person and property

8. Gifts

9. Wakfs

10. Wills

11. Muslim Personal Law and Law of Inheritance, in light of the Qur’anic Verses and relevant enactments

such as:

Inheritance-General Rules

Sunni Law of Inheritance

Shia Law of Inheritance

12. The Dissolution of Muslim Marriages Act, 1939.

13. The Muslim Family Laws Ordinance & Rules, 1961.

14. West Pakistan Muslim Personal Law (Shariat) Application Act, 1962

15. The Guardians and Wards Act, 1890 (only Ss. 7, 8, 12, 25)

Books Recommended

1. Outlines of Mohammadan Law by A A Fyzee.

2. Islamic Law Theory and Practice by Aziz Ahmad.

3. Islamic Law by D F Mulla.

4. Islamic Law by Syed Amir Ali.

5. Islamic Law by Dr. Muhammad Hamid Ullah.

6. Islamic Law of Inheritance by Hamid Khan.

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CRIMINAL LAW - I / PAKISTAN PENAL CODE


Objective:

A study of various provisions of the Pakistan Penal Code with special reference to offences against

person and property, religion and state including the constitution of the crimes.

I. General Principles of Criminal Law

Definition of Crime

Nature and Characteristics of Crime

Causes of Crime

Elements of Crime

Crime and Tort

Parties to the Crime

Intention, Knowledge and motive

Negligence and Recklessness.

Text Book:

General Principles of Criminal Law Some Reflections:

By. Prof Dr. C. M. Hanif

II. The Pakistan Penal Code - 1860

Introduction

General explanations

Punishments

General exceptions

Abetment

Criminal conspiracy

Offence against the State

Offences against the public tranquility

Offences by or relating to Public Servant

Contempt of Lawful authority

False evidence and offences against public justice

Offences relating to Weight and measure

Offences relating to religion

Wrongful restraints and wrongful confinement

Criminal force and assault

Kidnapping, abduction and forced labour

Offences against property

Thef1

Robbery and dacoity

Criminal misappropriation of property

Criminal breach of trust

Receiving of stolen property

Cheating

Mischief

Criminal trespass

Hours trespass E. Hours breking

Offences relating to marriage

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Defamation

Criminal intimidation, insult and annoyance

Attempts to commit offences

Text Books:

1. The Pakistan Penal Code – 1860

2. General Principles of Criminal Law

Reference Books:

1. Penal Code by Ratan Lal

2. Smith and Hogan: Criminal Law: Cases and Materials

LAW OF PROPERTY


1. The Transfer of Property Act, 1882 80 Marks

2. The Registration Act, 1908 20 Marks

Course Contents

Principles and the detailed provisions of all the Acts as indicated above.

Books Recommended

1. Transfer of Property Act (Commentary) by Shaukat Mahmood.

2. Transfer of property Act (Commentary) by Dr C M Hanif.

3. Transfer of Property Act (Commentary) by I A Kazi.

4. The Registration Act by Shaukat Mehmood.

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SEMESTER VI

Module

Code


Law 239 JURISPRUDENCE-II 3 Cr. H

Law 240 CORPORATE LAW 3 Cr. H

Law 241 CRIMINAL LAW-II 3 Cr. H

Law 242 LAW OF PROPERTY - II 3 Cr. H

Law 243 ISLAMIC PERSONAL LAW-II 3 Cr. H

JURISPRUDENCE - II


Objective:

A study of various legal concepts and their characteristics.

Legal Right

Concept of Legal Right

Essential characteristics of Legal Right

Kinds of Legal Right

Objects of Legal Right

Ownership

Definition

Characteristics

Kinds of ownership

Possession

Definition

Possession and ownership

Possession in Fact and possession in Law

Modes of acquiring possession

Possessory remedies

Person

Concept of person

Natural person and juristic person

Corporation

a. Kinds

b. Purpose of incorporation

c. Criminal liability of corporation

d. Corporate personality

e. Creation and extinction of corporation

Legal status of dead man and unborn child.

Title

Invective fact

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Divestitive facts

Liability

Definition

Essential of liability

Kinds of Liability

Civil and Criminal liability

Strict liability

Vicarious liability

Mistake of fact and Law

Jus Necessitalis

Negligence

Theories (subjective & objective)

The Duty of care

Standard of care

Contributory negligence

Obligation

Definition

Nature and Concept of obligation

Kinds of obligations

Law of Property

Definition

Kinds of property

Modes of Acquisition of property

Law of Procedure

Purpose of procedural law

Substantive Law & Law of procedure

Law of Evidence

TEXT BOOKS

1. Salmond, Sir J.: Jurisprudence

2. V.D. Mahajan, Jurisprudence

Reference Books

1. Paton, G.W. Text Book of Jurisprudence

2. Buckland, W.W. Reflections on Jurisprudence

3. Hibbert, W.No. Jurisprudence

4. Pollock, F.A. First Book of Jurisprudence

5. Vinorgradoff, S.P. Common-Sense in Law

6. Sapru, T.N. Modern Jurisprudence

7. Dias, R.W.M. Jurisprudence.

8. L.B.Curzon: Jurisprudence

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CORPORATE LAW


Objective:

A study of the principles of the law in relation to partnership and negotiable instruments.

Text Books:

A. The Partnership Act 1932:

Preliminaries and definitions

Nature of partnership

Kinds of partnership

Distinction from other associations

General duties of partners

Relations of partners inter se.

Relations of partners to third parties

Implied authority of partners and its scope

Incoming and outgoing partners

Modes of dissolving a partnership

Winding up and related aspects

Registration of firms

B. The Negotiable Instruments Act, 1881:

Preliminaries

Meaning and essentials of Promissory Note Bill of Exchange and Cheque

Distinction between:

o Promissory Note and Bill

o Bill of Exchange and cheque

Parties to Note, Bill and Cheque and their rights and liabilities

Negotiation – Meaning and Method

Indorsement – Meaning and Ingredients

Presentment Acceptance

Dishonur and protest

Discharge from liability on notes etc.

Compensation

Presumptions as to Negotiable Instruments

Selected cases as suggested by the teachers

Text Book:

2. The Partnership Act (IX of 1932) by Kazim Ashrat.

3. Choudhary A.M. The Partnership Act.

4. The Partnership Act by Mian Ghulam Hussain

5. The Negotiable Instrument Act by K.B. Abbas

6. The Negotiable Instrument Act by M. Farani

Reference Books:

1. Mannan, M.A. The Partnership Act.

2. Dekshit’s Partnership Act

3. The Partnership Act by Desai

4. Lindley Partnership law

25

5. Manual of Partnership laws by Waqar-ul-Haq

6. Commercial Law by Iwan Davies

7. Business Law by Charles Worth

8. The Negotiable Instrument Act by Shaukat Mahmud

26

CRIMINAL LAW / PAKISTAN PENAL CODE - II


Objective:

A study of various provisions of Hadood Laws and Qisas-o-Diyat Ordinance including principles of

criminal law of Islam.

I. Principles of Criminal Law in Islam

Concept of rime

Classification of crimes

Classification of punishments

Difference between Hudood & Qisa

Proof and punishment

Criminal intention and criminal liability

Territorial application of criminal law of Islam.

II.A. Offence against property (Enforcement of Hadood) Ordinance – 1979

Definitions

Theft and its kinds

Nisab

Proof of theft

Punishment

Haraabab

Proof of Haraabah

Punishment

B. Offence of Zina (Enforcement of Hadood) Ordinance, 1979

Definitions

Kinds of offence

Proof

Punishment

Kidnapping and abduction for marriage

Prostitution

C. Offence of Qzaf (Enforcement of Hadd) Ordinance 1979

Definition

Qazf and its kinds

Proof

Punishment

Competency of the complainant

D. Prohibition (Enforcement of Hadd) Order, 1979

Definitions

Manufacturing and possession of intoxicants

Drinking and its kinds

Proof

Punishment

II. Qisas-o-Diyat Ordinance

Definitions

Qatl and its kinds

27

Proof

Punishment

Waiver and compounding

Diyat

Attempt to commit Qatl

Hurt and its kinds

Proof and punishments

Isqat-i-Hamal and Janin

Punishment

Interpretation

Text Books

1. Hadood Ordinances, 1979

2. Qisas-o-Diyat Ordinance

Reference Books

1. As suggested by the teachers

28

LAW OF PROPERTY


1. The Transfer of Property Act, 1882 80 Marks

2. The Registration Act, 1908 20 Marks

Course Contents

Principles and the detailed provisions of all the Acts as indicated above.

Books Recommended

1. Transfer of Property Act (Commentary) by Shaukat Mahmood.

2. Transfer of property Act (Commentary) by Dr C M Hanif.

3. Transfer of Property Act (Commentary) by I A Kazi.

4. The Registration Act by Shaukat Mehmood.

29

ISLAMIC PERSONAL LAW – II


1. Marriage

2. Dower

3. Modes of the Dissolution of Marriage

4. Iddat

5. Maintenance

6. Parentage – Legitimacy and acknowledgement

7. Guardianship of Person and property

8. Gifts

9. Wakfs

10. Wills

11. Muslim Personal Law and Law of Inheritance, in light of the Qur’anic Verses and relevant enactments

such as:

Inheritance-General Rules

Sunni Law of Inheritance

Shia Law of Inheritance

12. The Dissolution of Muslim Marriages Act, 1939.

13. The Muslim Family Laws Ordinance & Rules, 1961.

14. West Pakistan Muslim Personal Law (Shariat) Application Act, 1962

15. The Guardians and Wards Act, 1890 (only Ss. 7, 8, 12, 25)

Books Recommended

7. Outlines of Mohammadan Law by A A Fyzee.

8. Islamic Law Theory and Practice by Aziz Ahmad.

9. Islamic Law by D F Mulla.

10. Islamic Law by Syed Amir Ali.

11. Islamic Law by Dr. Muhammad Hamid Ullah.

12. Islamic Law of Inheritance by Hamid Khan.

30

YEAR-4

SEMESTER VII

Module

Code


Law 244 PUBLIC INTERNATIONAL LAW-I 3 Cr. H

Law 245 CONSTITUTIONAL HISTORY OF PAKISTAN 3 Cr. H

Law 246 CIVIL PROCEDURE-I 3 Cr. H

Law 247 CRIMNAL PROCEDURE-I 3 Cr. H

Law 248 LAW OF EVIDENCE – I 3 Cr. H

Law 249 LEGAL DRAFTING-I 3 Cr. H

PUBLIC INTERNATIONAL LAW – I


Objective:

A study of the origin, sources and nature of International law, the Muslim International law and a study

of various International organization.

INTRODUCTION

The nature, origin and historical development of international law.

The problem of enforcement and sanction.

Popular skepticism about International law.

Why states obey international law.

SOURCES:

International Convention (treaties)

Custom, States practice, treaty and custom

Opinion juris, General Principles of Law

Judicial decisions, Act of International Organizations.

The hierarchy of the sources.

SOVEREIGNTY AND TERRITORY:

Definition of State and its essential ingredients.

Kinds of states

Sovereignty and self determination

The acquisition of title to territory

Occupation and Prescription

Cession and conques.

RECOGNITION:

Recognition in general

31

Theories of recognition

Difference between recognition of the State and the Government.

The Dejure and Defecto recognition.

The Dejure and Defecto recognition

Express and Implied recognition, Non – recognition

STATE RESPONSIBILITY

Nature and kinds of state responsibility

Responsibility for breach of treaties.

Responsibility for expiration of property.

State responsibility and fault theory

Claim

TEXT BOOKS

A Modern Introduction to International Law by Micheal Akehurst.

An Introduction to International Law by J.G. Starke.

The Muslim Conduct of State by Dr. Muhammad Hamidullah

Reference Books:

1) Introduction to International Law by brownlie

2) The Law of Nations by J. Briely

3) International Law by Be Jawi

4) Jadid Qanun Bainul Mumalik Kay usul awr Nazirain by Dr. Muhammad Hamid Ullah

32

CONSTITUTIONAL HISTORY OF PAKISTAN


Salient features of the Government of India Act, 1935

Indian Independence Act, 1947

Objectives Resolution, 1949

Report of the Basic Principles Committee

Draft constitution of 1954

Salient features of the 1956 Constitution

Constitution Commission of 1960 (Shahabuddin Commission)

Salient features of the 1962 Constitution

Abrogation of the Constitutions and the Martial Laws

Legal Framework Order, 1970

The Interim Constitution of 1972

Fifth and Sixth Constitutional Amendments in the 1973 Constitution

The PCO of 1981

The RCO of 1985

The Eighth Amendment

The LFO-2002 and The Seventeenth Amendment, 2003

CASES:

1. Maulvi Tamizuddin Khan v. Federation of Pakistan PLD 1955 Sindh 96

2. Federation of Pakistan vs. Maulvi Tamizuddin Khan

3. Reference by the Governor-General PLD 1955 FC 435

4. State v. Dosso PLD 1958 SC 533

5. Usif Patel v. Crown PLD 1955 FC 387

6. Begum Nusrat Bhutto v. Chief of the Army Staff PLD 1977 SC 657

7. Hakim Khan v. Government of Pakistan PLD 1992 SC 585

8. Nawaz Sharif v. President of Pakistan PLD 1993 SC 473

9. Benazir Bhutto v. the President of Pakistan PLD 1992 SC 492

10. Khawaja Muhammad Sharif, PLD 1988 Lah. 725

11. Federation of Pakistan v. Haji Saifullah Khan PLD 1989 SC 166

12. Khawaja Ahmad Tariq Rahim PLD 1992 SC 646

13. Benazir Bhutto v. President of Pakistan, PLD 1998 SC 388

14. Asma Jilani v. Government of the Punjab PLD 1972 SC 139

15. Mir Hassan…

16. State v. Zia ur Rehman PLD 1973 SC 49

17. Mahmood Khan Achakzai v. Fed. of Pakistan PLD 1997 SC

18. Zafar Ali Shah case, 2000

BOOKS RECOMMENDED

1. Constitutional Development of Pakistan by G W Chaudhry.

2. Constitutional Documents of Pakistan by Safdar Mahmood.

3. Constitutional and Political History of Pakistan by Hamid Khan.

4. Book by Justice M. Munir.

5. Khalid Bin Sayed.

33

CIVIL PROCEDURE CODE – I


Objective:

A study of the principles of the Code of Civil Procedure with reference to jurisdiction of court,

institution of suits, summons and written statements, issues, evidence and judgment and various

provisions of the Limitations Act.

I. The Code of Civil Procedure – 1908:

Preliminary and suits in general

Definition

Place of suing

Institution of suit

Stay of Suit

Res Judicata

Bar of suit

Summons and their service

Issue of summons

Service of summons

Substituted service

Service in special cases

Service in foreign territory

Parties to suit

Plaintiffs and defendants

Misjoinder and non-joinder and objection thereof.

Striking of parties

Conduct of suit

Recognized Agents and pleaders and their appointment.

Frame of Suit

Suit to include the whole claim

Relinquishment of part of claim

Omission to claim relief

Joinder of cause of action

Pleadings

In general

Plaint

Written Statement

Settlement of Issues

Issues of laws and facts

Amendment in issues

Material from issues may be framed

Summning and attendance of witnesses

Summons how served

34

Service of summons

Consequences of failure to appear

Examination of witnesses

Right to begin

Statements and production of evidence

Demeanor of witness

Recalling of witness

Judgment and Decree

Plaintiffs and defendants

Decree in various cases

Judgment and decree – pronouncement

Interest and Cost

Interest

Interest on public dues

Interest etc., on dues on banking – Company

Cost

Compensatory costs

Execution

Courts where execution application may be filed

Questions to be determined by executing courts

Procedure in execution

Arrest and detention

Attached

Sale

Resistance to execution

Text Books

1. The Code of Civil Procedure (V of 1908)

2. The Code of Civil Procedure (Students Edition by Aamer Raza A. Khan)

3. Civil Procedure Code by D.F. Mulla.

Reference Book

1. Civil Procedure Code of Sarkar

2. Lecture on Civil Practice by D.F. Mulla

3. Civil Procedure Code by Lyar.

Note: Bare Act will be provided to the students during the examination.

35

CRIMIINAL PROCEDURE CODE – I


Objective:

A study of Criminal Procedure Code with reference to the trial of the offences including the constitution

of the criminal courts.

I. The Criminal Procedure Code - 1897

Preliminary

Constitution of Criminal Courts

Classes of criminal courts

Territorial divisions

Courts and offices

Powers of Courts

Offences cognizable by each court

Sentences which may be passed by various courts

Ordinary and additional powers

Conferment, continuance and cancellation of powers

Arrest, Escape and retaking

Arrest generally

Arrest without warrant

Processes for compelling appearance

Summons

Warrant of arrest

Proclamation and attachment

Miscellaneous rules regarding processes

Special rules

Process for Production of Documents, Movable property and the discovery of Persons Wrongfully confined

Summons to produce

Search warrants

Discovery of person wrongfully confined

General provisions relating to searches

Miscellaneous

Security for keeping the peace and for food behavior

Unlawful Assembles

Temporary orders in urgent cases of nuisances & danger

Disputes as to immovable property

Preventive action of the police

Information to the police and their powers to investigate

Jurisdiction of the criminal courts in inquiries & trials:

i. Place of Inquiry or trial

ii. Conditions requisite for initiation of Proceedings

Complaints to Magistrates

The commencement of proceedings before court

Text Books

1. The Code of Criminal Procedure

2. Mazhar Hussain Niazami: Criminal Procedure Code.

36

Reference Books

1. Ratan Lal: Criminal Procedure Code

2. Hafeez-ur-Rehman: Lectures on Criminal Procedure

3. Code of Criminal Procedure by Shaukat Mahmood

37

LAW OF EVIDENCE


Objective:

A detailed study of the principles of evidence, competency of witnesses and rules regarding production

of evidence etc. as given in the Qanoon-e-Shahadat Order, 1984.

Preliminary and Competence of Witnesses

Interpretation

Competency of witness

Judges and Magistrates as winters

Evidence as to affairs of State

Privileged Communication

Accomplice

Answering ineminating questions

Number of witnesses

Oral and Documentary Evidence

Oral evidence

Direct and Indirect evidence

Documentary evidence

Primary and Secondary evidence

Rules as to notice to produce

Statements of Attesting witnesses

Proof of document not required by law to be attested.

Comparison of signatures, writing etc.

Public and private documents

Certified copies of documents

Presumption as to documents

Presumption to thirty years old documents

Proof and Estopple

Judicial notice

Admitted facts

Estoppel

Examination of Witnesses

Examination in chief

Cross examination

Re-examination

Leading questions

Indecent and scandalous questions

Impeaching credibility of witness

Corroborative evidence

Refreshing of memory

Court questions

Claim on oath

Copies by modern devices

Text Books

1. The Quran-e-Shahadat order, 1984

2. The Qanun-e-Shahdat Order, 1984 by Justice Khalil-ur-Rehman

38

Reference Books

1. Mahmood. J. Qanun-e-Shahadat (Urdu)

2. Ammer Ali & Woodruff. Sir J.g. The Law Evidence

3. Phipson on Evidence

Law of Evidence by L.B. Curzon.

39

LEGAL DRAFTING – I


Course Contents

1. Drafting by I.C. Desouza (Omitting chapter I & II, Part-II) (Major petitions to Courts).

2. Pleadings in India with Precedents by Sir C. Walsh and J.C. Weir

3. Dastaweznavisi by Penna Lal in Urdu, (Latest Edition) only the following 75 forms are prescribed:

1. Receipts No.1

2. Bonds No.1-2-6-9

3. Agreement 1-5-6-10

4. Mukhtarnama 1-2-3

5. Bainama 1-4-20-23

6. Rahn Nama 1-2-3-5-6-7-9-13

7. Exchange 1-2-3

8. Hiba Nama 1-2-3

9. Talaq Nama 1-2-3-4

10. Wills 1-2-4-5

11. Partnership Deed 1-3

12. Dedication 1-2-8

13. Settlement 1-2

14. Bonds 3

15. Adoption 1-4

16. Marriage 1-2-3

17. Arbitration 1-2-3

18. Notice 1-3-5-8-12-13

19. Musawada 1-2-3-4

20. Promissory Note 1-2-3-4

21. Patta 1-6(b)

Books Recommended

1. Law of Pleading by Inaytullah.

2. Conveyancing by Inaytullah, M.

3. Mogah on ‘Pleadings’.

4. Mogah on ‘Conveyncing’.

5. Pleadings in India with Precedents by Sir C Walsh & J C Weir.

6. Dastaweznavisi by Penna Lal in Urdu (Lestest Edition).

7. Drafting by I C DeSouza (Omitting Chapters I&II Part-II (Major

petitions to Courts).

8. Law of Interpretation by Maxwell and Craze.

9. Interpretation of Statutes by Chowdhry.

10. Intrepretation of Pakistan Statutes by Kazi Mohammad Ashraf.

11. Interpretation of Statutes by Mazharuddin Ahmad

40

SEMESTER VIII

Module

Code


Law 250 EQUITY AND SPECIFIC RELIEF 3 Cr. H

Law 251 PUBLIC INTERNATIONAL LAW – II 3 Cr. H

Law 252 LEGAL DRAFTING – II 3 Cr. H

Law 253 LAW OF EVIDENCE – II 3 Cr. H

Law 254 CIVIL PROCEDURE-II 3 Cr. H

Law 255 CRIMINAL PROCEDURE-II 3 Cr. H

LAW OF EQUITY AND SPECIFIC RELIEF


1. Maxims of Equity 40 Marks

2. The Specific Relief Act, 1877 60 Marks

Course Contents

Maxims of Equity

The Specific Relief Act, 1877.

41

PUBLIC INTERNATIONAL LAW – II


Objective:

A study of Law of war, settlement of International disputes, Diplomatic Relations Human Rights &

Law of Sea.

Law of War

Meaning of War

Changing concept of War

Nature & Character of armed confrontation

Commencement of War

Effects of outbreak of War

Enemy Character of persons & Property

Rules of Land, Air and Space Warfare

Settlement of International Disputes

Peaceful Means of Settlement

Judicial Settlement

Coercive Means of Settlement

Character of the United Nation & Settlement

Diplomatic Relation:

Introduction

Classification of diplomatic Envoys

Rights, Privileges & Immunities

Termination of Diplomatic Mission and Agents

Human Rights:

Introduction

U.N Charter & Human Right

Human Rights and Jurisdiction

Commissions & Conventions on Human Rights

Protection of Human Rights to Aliens

Human Rights & Practice of States

Law of the Sea

Introduction

Conventions on the Law of the Sea

Territorial Sea

Continental Shelf

42

LEGAL DRAFTING – II


Course Contents

1. Drafting by I.C. Desouza (Omitting chapter I & II, Part-II) (Major petitions to Courts).

2. Pleadings in India with Precedents by Sir C. Walsh and J.C. Weir

3. Dastaweznavisi by Penna Lal in Urdu, (Latest Edition) only the following 75 forms are prescribed:

1. Receipts No.1

2. Bonds No.1-2-6-9

3. Agreement 1-5-6-10

4. Mukhtarnama 1-2-3

5. Bainama 1-4-20-23

6. Rahn Nama 1-2-3-5-6-7-9-13

7. Exchange 1-2-3

8. Hiba Nama 1-2-3

9. Talaq Nama 1-2-3-4

10. Wills 1-2-4-5

11. Partnership Deed 1-3

12. Dedication 1-2-8

13. Settlement 1-2

14. Bonds 3

15. Adoption 1-4

16. Marriage 1-2-3

17. Arbitration 1-2-3

18. Notice 1-3-5-8-12-13

19. Musawada 1-2-3-4

20. Promissory Note 1-2-3-4

21. Patta 1-6(b)

Books Recommended

1. Law of Pleading by Inaytullah.

2. Conveyancing by Inaytullah, M.

3. Mogah on ‘Pleadings’.

4. Mogah on ‘Conveyncing’.

5. Pleadings in India with Precedents by Sir C Walsh & J C Weir.

6. Dastaweznavisi by Penna Lal in Urdu (Lestest Edition).

7. Drafting by I C DeSouza (Omitting Chapters I&II Part-II (Major petitions to Courts).

8. Law of Interpretation by Maxwell and Craze.

9. Interpretation of Statutes by Chowdhry.

10. Intrepretation of Pakistan Statutes by Kazi Mohammad Ashraf.

11. Interpretation of Statutes by Mazharuddin Ahmad

43

CIVIL PROCEDURE CODE – II


Objective:

A detailed study of the provisions of the code of civil procedure with reference to appeals, incidental

and special proceedings, and suits in particular cases.

Appeals

Appeals from original Decree and appellate Decree

Appeals from orders

General provisions relating to Appeals

Reference, Review, Revision

Procedure in Appeals

Incidental Proceedings

Commissions

Suits by or against Government

Suits by or against aliens, Ambassadors and Envoys

Inter pleader suit

Appearance of parties and consequences of non appearance

Examination of parties

Discovery and inspection

Admissions

Production and Impounding of documents

Adjournments

Appointment of Receiver

Temporary Injunction

Interlocutory Orders

Affidavits

Withdrawal and adjustment of suits

Arrest and attachment before judgment.

Special Proceedings

Suits relating to public matters

Suits involving substantial questions as to constitution

Suits by or against Armed Force personal

Suits by or against Corporation and Firms

Suits by or against Minor and persons of unsound mind

Suits by Paupers

Suits in respect of negotiable instruments

Death, Marriage and Insolvency of parties

Right to suit

Procedure

Determination of questions as to legal representative

Effect of abatement or dismissal

Miscellaneous

Exemption of person from personal appearance.

44

Arrest other than in execution

Application of restitution

Enlargement of time

Power of court to make up deficiency of court fee.

Inherent powers of the court

Amendment of judgment and decree

II. The Limitation Act 1908

Preliminary

Limitation of suits, application and appeals

Computation of periods of limitation

Acquisition of ownership by possession

Text Book

1. The Code of Civil Procedure (V of 1908)

2. The Code of Civil Procedure (Student Edition by A. Raza A. Khan)

Reference Books

1. Civil Procedure Code of Sarkar.

2. Lectureson Civil Practice by D.F. Mulla

3. Civil Procedure Code by Iyat.

45

CRIMIINAL PROCEDURE CODE – II


Objectives:

A study of Criminal Procedure Code with reference to framing of charge, trial of cases, appeal and

revision and bail etc, and medical jurisprudence with reference to autopsy and injuries.

I. Criminal Procedural Code 1898

The Charge

1. Form of Charges

2. Joinder of charges

The Trial of cases by Magistrates

Summary Trials

Trials before High Courts and Courts of Session

General provision as to Inquiries & Trials

The Mode of taking and recording Evidence

The judgment

Confirmation of sentences

Execution

Pervious Acquittals or Convictions

Proceedings in Offences affecting the Administration of justice

Bail

Commissions for the Examination of Witnesses.

Special Rules of Evidence

Provisions as to Bonds

The Disposal of property

The Transfer of Criminal Cases

Irregular proceedings

Miscellaneous

II. Medical Jurisprudence

Introduction

Medicolegal – General aspects

Medical evidence

Examination of the dead

Object of postmartum

Legal presumption of death

Examination of the body

Locality and position

Examination in Mortuary

Opinions of the cause of death

Asphyxial deaths

Injuries

Abrasions, bruises and Incised wounds

Burns, Scalds and Cold

46

Text Books

1. The Code of Criminal Procedure Act xxv of 1898

2. Mazhar Hussain Nizami, Criminal Procedure Code.

Reference Books

1. Ratan Lal, Criminal Procedure Code

Hafeez-ur-Rehman, Lectures on Criminal Procedure

47

YEAR 5

SEMESTER IX

Module

Code


Law 256 ADMINSTRATIVE LAW-I 3 Cr. H

Law 257 LEGAL ETHICS 3 Cr. H

Law 258 OPTION-I 3 Cr. H

Law 259 OPTION-II 3 Cr. H

Law 260 MOOT CASES AND ROLE PLAYING 3Cr. H

ADMINISTRATIVE LAW – I


Course Contents

General principles of Administrative Law; Administrative act, delegated legislation, administrative discretion,

judicial review of the administrative acts and discretion, administrative tribunals and Ombudsman.

Laws of Civil Service. Civil Servants Act, 1973, Federal Service Tribunal, 1973, Government Servants (E&D)

Rules, 1973 and Civil Servants (Conduct) Rules 19…

Books Recommended

1. Administrative Law by HWR Wade.

2. Principles of Administrative Law by Griffith, J A G.

3. Principles of Administrative Law by Jain and Jain.

4. Principles of Administrative Law Yasrdley, D C M.

5. Administrative Law by Faulkes, David.

6. Principles of Administrative Law by Hamid Khan.

7. Administrative Law by Prof. Sathe.

8. Administrative Law by Prof. Chakrwarti Civil Services Law and

Practice by Masud-ul-Hassan.

9. Manual of Civil Services Law by Janjua, Z I.

10. Civil Service Laws by Nisar Ahmad.

48

INTERPRETATION AND LEGAL ETHICS


Objective:

A study of general principles of Interpretation of Statutes, different provisions of General Clauses Act

and basic principle of Legal Ethics.

I. INTERPRETATION OF STATUES

Interpretation in general

Intrinsic and Extrinsic aids to interpretation

Presumptions of interpretation

Maxims of interpretation

Literal Interpretation

Beneficial interpretation

Strict interpretation

Exceptional Interpretation

Interpretation nearer to Justice and reasons

Interpretation as to jurisdiction of court

Conflict of Laws

II. The general Clauses Act - 1897

Definitions

Effect of repeal

Computation of time

Gender and number

Construction of order

Issue of orders under enactments

Continuation of orders

III. Legal Ethics

Introduction

Concept of Morality and Ethics

Behavioral patterns

Inside and outside the courts

Relations with litigants

Conduct in court

Integrity and competence

Misconduct

Professionalism

Code of ethics in relation to Wakalah in Islamic Law

Text Books

1. Interpretation of Statutes by M. Farani

2. The Generl Clauses Act, 1897.

3. principles of Legal Ethics by Dr. C.M. Hanif

Reference Books

1. Interpretation of Statutues by Maxwell

49

2. Construction of Statutes by Crawford

3. The General Clauses Act by Shauka Mahmood

4. A study of Legal Ethics by Jessup, H.W.

5. Adab-ul-Qadi by Dr. Mahmood Ahmad Ghazi

50

SEMESTER X

Module

Code


Law 261 ADMINISTRATIVE LAW-II 3 Cr.H

Law 262 RESEARCH PROJECT 3 Cr. H

Law 263 INTERPRETATION OF STATUTES 3 Cr. H

Law 264 OPTION-III 3 Cr. H

Law 265 OPTION-IV 3 Cr. H

ADMINISTRATIVE LAW – II


Course Contents

General principles of Administrative Law; Administrative act, delegated legislation, administrative discretion,

judicial review of the administrative acts and discretion, administrative tribunals and Ombudsman.

Laws of Civil Service. Civil Servants Act, 1973, Federal Service Tribunal, 1973, Government Servants (E&D)

Rules, 1973 and Civil Servants (Conduct) Rules 19…

Books Recommended

1. Administrative Law by HWR Wade.

2. Principles of Administrative Law by Griffith, J A G.

3. Principles of Administrative Law by Jain and Jain.

4. Principles of Administrative Law Yasrdley, D C M.

5. Administrative Law by Faulkes, David.

6. Principles of Administrative Law by Hamid Khan.

7. Administrative Law by Prof. Sathe.

8. Administrative Law by Prof. Chakrwarti Civil Services Law and

Practice by Masud-ul-Hassan.

9. Manual of Civil Services Law by Janjua, Z I.

10. Civil Service Laws by Nisar Ahmad.

51

INTERPREATION OF STATUTE


COURSE CONTENTS

1. PRELIMINARY MATTERS:

i. Introductory: - Interpretation & Construction, Legislative Intent (Sententia Legis)

ii. The different parts of a statute.

iii. Commencement, repeal and revival of legislation.

iv. Consolidating and codifying statutes.

v. Aids to interpretations.

vi. Presumptions against ousting established jurisdiction.

vii. Presumptions against creating new and enlarging established jurisdiction.

2. GENERAL PRINCIPLES OF INTERPRETATION

i. The Primary Rule: literal construction

ii. The other main principles of interpretation.

iii. Reading words in their context; the statutory aspect.

iv. Interpretation Act & Interpretation Clause of statute.

3. BENEFICIAL CONSTRUCTION:

4. RESTRICTIVE CONSTRUCTION:

i. Consequences to be considered

ii. Presumption against charges in the common law.

iii. Mensrea in statutory offences

5. EXCEPTIONAL CONSTRUCTION:

i. Modification of the language to meet the intention.

ii. Equitable construction

iii. Strict construction of penal laws.

iv. Statutes encroaching on rights or imposing burdens.

6. CONSTRUCTION MOST AGREEABLE TO JUSTICE AND REASON

i. Presumption against intending what is inconvenient or unreasonable

ii. Presumption against intending injustice or absurdity.

iii. Presumption against impairing obligations, or permitting advantage from one’s own wrong.

iv. Retrospective operation of statutes.

7. INTENTIONS ATTRIBUTED TO THE LEGISLATURE WHEN IT EXPRESSES NONE

i. Imperative and directory enactments.

ii. Absolute and qualified duties.

iii. Impossibility of compliance.

iv. Waiver

v. Public and private remedies.

8. CONSTRUCTION TO AVOID COLLISION WITH OTHER PROVISIONS

9. CONSTRUCTION TO PREVENT EVASION OR ABUSE

i. Construction to prevent evasion.

ii. Construction to prevent abuse of powers.

10. SUBORDINATE PRINCIPLES:

i. Usage and contemporanea exposition

52

ii. Construction imposed by statutes.

iii. Construction of words in bonam partem.

iv. Change of Language.

v. Understanding associated words in a common sense, and the expression unius rule.

vi. Generic words following more specific

vii. Meaning of some particular expressions.

5. TREATMENT OF GENERAL WORDS i. Interpretation Act.

ii. General Clauses Act.

iii. Presumption of Interpretation

iv. Maxims of interpretation

TEXT BOOKS

i. Maxwell in interpretation of statutes, 12th Edition by P.S.ST.J. Langon.

ii. Interpretation of Statutes by Shoukat Mahmood.

iii. Interpretation of Statutes by Craw Ford.

REFERENCE BOOKS

As suggested by the teacher.

53

OPTIONAL COURSES

1. Alternate Dispute Resolution

2. Banking Laws

3. Conflict of Laws

4. Consumer Protection Laws

5. Custom and Tariff Laws

6. e-Commerce Law

7. Election Laws

8. Environmental Laws

9. Gender and Law

10. Insurance laws

11. Intellectual Property Laws

12. International Economic Law

13. International Humanitarian Law

14. International Institutions

15. International Trade Law

16. Islamic Commercial Laws

17. Labour Laws

18. Land Laws

19. Law and Development

20. Law and Energy

21. Local and Special Laws

22. Media Laws

23. Mergers and Acquisitions

24. Minor Acts

25. Mujallah Ahkam-e-Adaliyyah (Islamic Legal Maxims)

26. Public Interest Litigation

27. Securities Regulation

28. Shipping and Admiralty Laws

29. Taxation Laws

30. Telecommunication Laws