PAKISN LEGAL SYSTEMT

PAKISN LEGAL SYSTEMTDEFINE LAW

SOURCES OF ENGISH LAWHIS TORICAL SOURCESCOMMON LAWEQUITYLAW MERCHANTLEGAL SOURCESLEGISLATUREPRECEDENTCUSTOMSAGREEMENT

SOURCES OF PAKISTANI LAW1.CASE LAW2.LEGISLATION3.SHARIAH

1.CASE LAW

COMMON LAW

EQUITY

LAW MARCHANTA.COMMON LAW

MEANING OF COMMON LAW&HISTORICAL BACKGROUND

B.EQUITY

MEANING OF EQUITY;

HISTORICAL BACKGROUND;

INTERACTION OF EQUITY WITH COMMON LAW;

MAXIMS OF EQUITY;

RELATIONSHIP BETWEEN COMMON LAW &EQUITY;

DISTINCTION BETWEEN COMMON LAW & EQUITY

CLASSIFICATION OF PAKISTANI LAWPUBLIC LAWCIVIL LAW PRIVATE LAWCRIMINAL LAW

DISTINCTION BETWEENCIVIL LAWEEFECT ON PARTIESINITIATION IN THE NAME OF PARTYCOMPENSATION BURDEN OF PROOF ON THE ONE WHO CLAIMS COMPENSATIONENFORCEMENT OF OBLIGATION ANDBENEFIT TO THE PARTY CRIMINAL LAWEFFECT ON STATEINITIATION IN THE NAME OFSTATEFINEBURDEN OF PROOF ON STATEPROTECTION OF RIGHTS BY STATENO BENEFIT, WRIT OF STATE

PROCESS OF LEGISLATION BY PARLIAMENTCOMPONENTS OF LEGISLATION

ACTS OF PARLIAMENT

SUBORDINATE LEGISLATION

FORMS OF LEGISLATION

THE STATUTE LAW (ACTS OF PARLIAMENT)

LEGISLATION BY PRESIDENT (ORDINANCES)LEGISLATIVE AUTHORITIES IN PAKISTANAT FEDERAL LEVEL

I-NATINAL ASSEMBLYII-SENATEIII-PRESIDENT

AT PROVINCIAL LEVEL

I-PROVINCIAL ASSEBLYII-GOVERNORDELEGATED LEGISLATION

THE MINISTERSTHE CORPORATIONSTHE AUTONOMOUS BODIESJUDICIARY

ADMINISTRATION OF JUSTICEJUDICIAL SYSTEM OF PAKISTAN(JUDICIARY)

COURT HIERARCHYSUPREME COURTCOMPANY COURT HIGH COURT BANKING COURT

SESSION COURT DISTRICT JUDGE COURT GUARDIAN COURT

MEGISTRATE COURTS CIVIL COURTS1ST CLASS MEGISTRATE1ST CLASS CIVIL JUDGE2ND CLASS MEGISTRATE 2ND CLASS CIVIL JUDGE3RD CLASS MEGISTRATE3RD CLASS CIVIL JUDGEU/S 30 MEGISTRATESUPREME COURT OF PAKISTANJURISDICTIONS:CIVIL, CRIMINAL, COMPANY, APPELLATE & WRITPOWERS:JUDICIAL REVIEW, ADMINISTRATIVE & JUDICIAL CONTROL OVER HIGH COURT HIGH COURTSJURISDICTIONS:

CIVIL, CRIMINAL, COMPANY, APPELLATE & WRIT

PREROGATIVE ORDERS:

MANDAMUSPROHIBITIONCERTIOTAI

COMPANY COURTSJURISDICTION:

COMAPNYS REGISTERED OFFICE SUMMARY PROCEDURE

90 DAYS DISPOSALSESSION COURTSJUDICIAL STAFF:SESSION JUDGEADDITIONAL SESSION JUDGEASSISTANT JUDGE

JURISDICTIONSCRIMINAL & APPELLATE

POWERS: SESSION JUDGE & ADDITIONALSESSION JUDGE:May pass any sentence but death sentence with confirmation of high courtASSISTANT JUDGE:MAY PASS ANY SENTENCE EXCEPT DEATH SENTENCE AND IMPRISONMENT EXCEEDING 7 YEARS

MEGISTRATE COURTSJUDICIAL STAFF1ST CLASS MEGISTRATE2ND CLASS MEGISTRATE3RD CLASS MEGISTRATEMEGISTRATE UNDER SECTION 30

JURISDICTION:CRIMINAL ONLY, NO APPELLATE JURISDICTION

POWERS:1ST CLASS MEGISTRATE: IMPRISONMENT NOT EXCEDING 3 YearsFine not exceeding 15000 rupees

2ND CLASS MEGISTRATE:IMPRISONMENT NOT EXCEDING 1 YearFine not exceeding 5000 rupees

3RD CLASS MEGISTRATEIMPRISONMENT NOT EXCEEDING 1 MONTHFine not exceeding 100 rupees

DISTRICT COURTSJUDICIAL STAFFDISTRICT JUDGE & ADDITIONAL DISTRICT JUDGE

JURISDICTIONS:CIVIL & APPELLATE

POWERS:ENTERTAN CERTAIN CIVIL SUITS OF UNLIMITED VALUE OF SUBJECT MATTER

CIVIL COURTSJUDICIAL STAFF 1ST CLASS CIVIL JUDGE2ND CLASS CIVIL JUDGE3RD CLASS CIVIL JUDGE

JURISDICTIONCIVIL ONLY, NO APPELLATE JURDICTIONIS (COURT OF 1ST INSTANCE)

POWERS1ST CLASS CIVIL JUDGE:SUIT OF UNLIMITED VALUE OF SUBJECT MTTERAPPEAL AGIANST THE ORDER OF 1ST CLASS CIVIL JUDGE IS FILED TO DISTRICT COURT IF SUIT VALUE DOES NOT EXCEED 200,000 OTHERWISE TO High Court

2ND CLASS CIVIL JUDGE:SUIT HAVING VALUE OF SUBJECT MTTER NOT EXCEEDING 50,000 (RENT CONTROLLER)

3RD CLASS CIVIL JUDGE:SUIT SHAVING VALUE OF SUBJECT MTTER NOT EXCEEDING 5,000 (FAMILY COURTS)

OTHER COURTS & TRIBUNALSFEDERAL SHARIAT COURT:CONSTITUTION OF THE COURTPOWERS OF TE COURT PROCEDURE OF THE COURT

LABOR COURTPOWER & STATUS OF THE COURT

INDUSTRIAL APPELLATE TRIBUNALESTABLISHMENT; STATUS; POWERS & APPEAL

NATIONAL INDUSTRIAL RELATIONS COMMISSIONESTABLISHMENT; POWERS & FUNCTIONS

ARBITRATION METHOD OF REDERENCE TO ARBITRATION:VOLUNTARY AGREMNET (INCLUSION OF CLAUSE IN CONTRACT)COMPULSORY ARBITRATION (HIGH COURT/CIVIL COURT ORDER, FAMILY DISPUTES IN ISLAMIC LAW)