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 =
=
TOTAL CREDIT HOURS:
=
165
YEAR-1
SEMESTER I
Module
Code
Law 211
Law 212
Law-213
Law 214
Law 215
Law 216
Module Title
Credits
ENGLISH-I
PAKISTAN STUDIES
SOCIOLOGY
FUNDAMENTALS OF ECONOMICS
INTRODUCTION TO LAW
SKILLS DEVELOPMENT-I
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
1
111
SEMESTER II
Module
Code
Module Title
Credits
Law 217
Law 218
Law 219
Law 220
Law 221
Law 222
ENGLISH-II
ISLAMIC STUDIES / ETHICS
POLITICAL SCIENCE
LEGAL SYSTEM OF PAKISTAN
HISTORY (SOUTH-ASIA)
SKILLS DEVELOPMENT-II
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
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.
(1)
(2)
C.
(1)
(2)
D.
(1)
(2)
E.
(1)
The State – Its Origin
(a)
The State – Definition
(b)
Elements of the State
(c)
State and i. Government ii. Society iii. Associations
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
Sovereignty
(a)
Sovereignty – Definition
(b)
Characteristics of Sovereignty
(c)
Kinds of Sovereignty
(d)
Theories of Sovereignty
(a)
Islamic Concept of Sovereignty
(b)
Khilafat
Rights & Duties
(a)
Rights – Definition
(b)
Classification of Rights
(c)
Universal Declaration of Human Rights
(d)
Islamic Concept of Rights
(a)
Duty – Definition & Meaning (b)
Kinds of Duties
Forms of Governments
(a)
Dictatorship – Meaning, Main features, Advantages and Disadvantages.
2
(2)
(3)
F.
(1)
(2)
(3)
(4)
(5)
(6)
G.
(1)
(2)
(a)
(c)
(a)
Demoracy – Definition
(b)
Kinds of Democrary
Condition for Democracy
(d)
Merits & Demerits of Democracy
Aristocacy – Meaning, Characteristics, Advantages and Disadvantages.
Systems of Governments
(a)
Unitary – Meaning, Merits and Demerits
(a)
Federal System – Definition
(b)
Condition necessary for Federation
(c)
Characteristics and Features of Federation
(d)
Advantages and Disadvantages
Comparison of Unitary and Federal system
Parliamentary form of Government – Meaning, Unicameral & Bicameral, Merits and Demerits.
President system of Government – Nature, Merits and Demerits
Comparison of Parliamentary and president systems.
The Branches of Government
Theory of the Separation of Powers
Branches of the Government:
(a)
The Executive (b)
The Legislature
(c)
The Judiciary
3
YEAR-2
SEMESTER III
Module
Code
Module Title
Credits
Law 223
Law 224
Law 225
Law 226
Law 227
Law 228
ENGLISH-III
LOGIC AND REASONING
ISLAMIC JURISPRUDENCE-I
LAW OF TORTS
LAW OF CONTRACT-I
RESEARCH METHODS
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
ISLAMIC JURISPRUDENCE – I
Credit Hours: 3 Per Week
1.
2.
3.
4.
a.
b.
5.
a.
b.
c.
d.
6.
7.
8.
9.
10.
11.
12.
Course Code: Law 225
Customs and usages in Arab before Islam
History of the growth of the Muslim legal system
Various Schools of Islamic Law
Sources of Law
The Qur’an and the Traditions
Ijma and customs
Juristic Deduction
Qiy’as or Analogy
Istehsan or Juristic Equity
Istedlal
Ijtehad and Taqlid
Acts, Rights and Obligations
Legal Capacity
Ownership and Possession
Constitutional Law
Muslim International Law
Law of Contract
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.
4
LAW OF TORTS
Credit Hours: 3 Per Week
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Course Code: Law. 226
Definition of Tort
Difference between Tort and Crime; Tort and Breach of Contract
Essentials of Tort
Personal Disabilities
Discharge of Tort
Exceptions of Tort
Master and Servant
Remedies
Measurement of Damages
Remoteness of Damages
Defamation – Essential of Libel and Slander, Defences
Negligence and contributory Negligence
Nuisance; Public Nuisance and Private nuisance
Malicious Prosecution
Fraud and Misrepresentation
Assault, Battery and Malice
Wrongful Confinement
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.
5
LAW OF CONTRACT – I
Credit Hours: 3 Per Week
Course Code: Law 227
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
6





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
7
SEMESTER IV
Module
Code
Module Title
Credits
Law-229
Law-230
3 Cr. H
Law-231
Law-232
HUMAN RIGHTS LAW
CONSTITUTIONAL LAW-I
(COMPARATIVE)
LAW OF CONTRACT-II
ISLAMIC JURISPRUDENCE-II
Law-233
COMPARATIVE RELIGIONS
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
HUMAN RIGHTS LAW
Credit Hours: 3 Per Week
Course Code: Law 229
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
8
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)
9
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.
10
CONSTITUTIONAL LAW – I
Credit Hours: 3 Per Week
Course Code: Law 230
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
11
3)
4)
5)
The govt. of U.S.A by Munro
The American Political System by Brogan.
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
12
LAW OF CONTRACT – II
Credit Hours: 3 Per Week
Course Code: Law 231
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
13
ISLAMIC JURISPRUDENCE – II
Credit Hours: 3 Per Week
1.
2.
3.
4.
a.
b.
5.
a.
b.
c.
d.
6.
7.
8.
9.
10.
11.
12.
Course Code: Law 232
Customs and usages in Arab before Islam
History of the growth of the Muslim legal system
Various Schools of Islamic Law
Sources of Law
The Qur’an and the Traditions
Ijma and customs
Juristic Deduction
Qiy’as or Analogy
Istehsan or Juristic Equity
Istedlal
Ijtehad and Taqlid
Acts, Rights and Obligations
Legal Capacity
Ownership and Possession
Constitutional Law
Muslim International Law
Law of Contract
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.
14
SEMESTER IV
YEAR-3
SEMESTER V
Module
Code
Module Title
Credits
Law 234
Law-235
Law 236
Law 237
Law 238
JURISPRUDENCE – I
CONSTITUTIONAL LAW– II (PAKISTAN)
ISLAMIC PERSONAL LAW – I
CRIMINAL LAW – I
LAW OF PROPERTY – I
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
JURISPRUDENCE – I
Credit Hours: 3 Per Week
Course Code: Law 234
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
15
(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.
16
CONSTITUTIONAL LAW - II
Credit Hours: 3 Per Week
Course Code: Law 235
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
17

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.
18
ISLAMIC PERSONAL LAW – I
Credit Hours: 3 Per Week
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.



12.
13.
14.
15.
Course Code: Law. 236
Marriage
Dower
Modes of the Dissolution of Marriage
Iddat
Maintenance
Parentage – Legitimacy and acknowledgement
Guardianship of Person and property
Gifts
Wakfs
Wills
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
The Dissolution of Muslim Marriages Act, 1939.
The Muslim Family Laws Ordinance & Rules, 1961.
West Pakistan Muslim Personal Law (Shariat) Application Act, 1962
The Guardians and Wards Act, 1890 (only Ss. 7, 8, 12, 25)
Books Recommended
1.
2.
3.
4.
5.
6.
Outlines of Mohammadan Law by A A Fyzee.
Islamic Law Theory and Practice by Aziz Ahmad.
Islamic Law by D F Mulla.
Islamic Law by Syed Amir Ali.
Islamic Law by Dr. Muhammad Hamid Ullah.
Islamic Law of Inheritance by Hamid Khan.
19
CRIMINAL LAW - I / PAKISTAN PENAL CODE
Credit Hours: 3 Per Week
Course Code: Law. 237
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
20



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
Credit Hours: 3 Per Week
Course Code: Law. 238
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.
21
SEMESTER VI
Module
Code
Module Title
Credits
Law 239
Law 240
Law 241
Law 242
Law 243
JURISPRUDENCE-II
CORPORATE LAW
CRIMINAL LAW-II
LAW OF PROPERTY - II
ISLAMIC PERSONAL LAW-II
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
JURISPRUDENCE - II
Credit Hours: 3 Per Week
Course Code: Law. 239
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
22

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
23
CORPORATE LAW
Credit Hours: 3 Per Week
Course Code: Law. 240
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.



o
o









The Negotiable Instruments Act, 1881:
Preliminaries
Meaning and essentials of Promissory Note Bill of Exchange and Cheque
Distinction between:
Promissory Note and Bill
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
24
5.
6.
7.
8.
Manual of Partnership laws by Waqar-ul-Haq
Commercial Law by Iwan Davies
Business Law by Charles Worth
The Negotiable Instrument Act by Shaukat Mahmud
25
CRIMINAL LAW / PAKISTAN PENAL CODE - II
Credit Hours: 3 Per Week
Course Code: Law. 241
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
26










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
27
LAW OF PROPERTY
Credit Hours: 3 Per Week
Course Code: Law. 242
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.
28
ISLAMIC PERSONAL LAW – II
Credit Hours: 3 Per Week
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.



12.
13.
14.
15.
Course Code: Law. 243
Marriage
Dower
Modes of the Dissolution of Marriage
Iddat
Maintenance
Parentage – Legitimacy and acknowledgement
Guardianship of Person and property
Gifts
Wakfs
Wills
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
The Dissolution of Muslim Marriages Act, 1939.
The Muslim Family Laws Ordinance & Rules, 1961.
West Pakistan Muslim Personal Law (Shariat) Application Act, 1962
The Guardians and Wards Act, 1890 (only Ss. 7, 8, 12, 25)
Books Recommended
7.
8.
9.
10.
11.
12.
Outlines of Mohammadan Law by A A Fyzee.
Islamic Law Theory and Practice by Aziz Ahmad.
Islamic Law by D F Mulla.
Islamic Law by Syed Amir Ali.
Islamic Law by Dr. Muhammad Hamid Ullah.
Islamic Law of Inheritance by Hamid Khan.
29
YEAR-4
SEMESTER VII
Module
Code
Module Title
Credits
Law 244
Law 245
Law 246
Law 247
Law 248
Law 249
PUBLIC INTERNATIONAL LAW-I
CONSTITUTIONAL HISTORY OF PAKISTAN
CIVIL PROCEDURE-I
CRIMNAL PROCEDURE-I
LAW OF EVIDENCE – I
LEGAL DRAFTING-I
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
PUBLIC INTERNATIONAL LAW – I
Credit Hours: 3 Per Week
Course Code: Law. 244
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
30





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
31
CONSTITUTIONAL HISTORY OF PAKISTAN
Credit Hours: 3 Per Week
Course Code: Law. 245
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.
32
CIVIL PROCEDURE CODE – I
Credit Hours: 3 Per Week
Course Code: Law. 246
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
33


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.
34
CRIMIINAL PROCEDURE CODE – I
Credit Hours: 3 Per Week
Course Code: Law. 247
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.
35
Reference Books
1.
Ratan Lal: Criminal Procedure Code
2.
Hafeez-ur-Rehman: Lectures on Criminal Procedure
3.
Code of Criminal Procedure by Shaukat Mahmood
36
LAW OF EVIDENCE
Credit Hours: 3 Per Week
Course Code: Law. 248
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
37
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.
38
LEGAL DRAFTING – I
Credit Hours: 3 Per Week
Course Code: Law. 249
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
39
SEMESTER VIII
Module
Code
Law 250
Law 251
Law 252
Law 253
Law 254
Law 255
Module Title
EQUITY AND SPECIFIC RELIEF
PUBLIC INTERNATIONAL LAW – II
LEGAL DRAFTING – II
LAW OF EVIDENCE – II
CIVIL PROCEDURE-II
CRIMINAL PROCEDURE-II
Credits
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
LAW OF EQUITY AND SPECIFIC RELIEF
Credit Hours: 3 Per Week
Course Code: Law. 250
1. Maxims of Equity 40 Marks
2. The Specific Relief Act, 1877 60 Marks
Course Contents
Maxims of Equity
The Specific Relief Act, 1877.
40
PUBLIC INTERNATIONAL LAW – II
Credit Hours: 3 Per Week
Course Code: Law. 251
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
41
LEGAL DRAFTING – II
Credit Hours: 3 Per Week
Course Code: Law. 252
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
42
CIVIL PROCEDURE CODE – II
Credit Hours: 3 Per Week
Course Code: Law. 254
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.
43






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.
44
CRIMIINAL PROCEDURE CODE – II
Credit Hours: 3 Per Week
Course Code: Law. 255
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.

1.
2.


















Criminal Procedural Code 1898
The Charge
Form of Charges
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
45
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
46
YEAR 5
SEMESTER IX
Module
Code
Module Title
Credits
Law 256
Law 257
Law 258
Law 259
Law 260
ADMINSTRATIVE LAW-I
LEGAL ETHICS
OPTION-I
OPTION-II
MOOT CASES AND ROLE PLAYING
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3Cr. H
ADMINISTRATIVE LAW – I
Credit Hours: 3 Per Week
Course Code: Law. 256
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.
47
INTERPRETATION AND LEGAL ETHICS
Credit Hours: 3 Per Week
Course Code: Law. 257
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
48
2.
3.
4.
5.
Construction of Statutes by Crawford
The General Clauses Act by Shauka Mahmood
A study of Legal Ethics by Jessup, H.W.
Adab-ul-Qadi by Dr. Mahmood Ahmad Ghazi
49
SEMESTER X
Module
Code
Module Title
Credits
Law 261
Law 262
Law 263
Law 264
Law 265
ADMINISTRATIVE LAW-II
RESEARCH PROJECT
INTERPRETATION OF STATUTES
OPTION-III
OPTION-IV
3 Cr.H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
ADMINISTRATIVE LAW – II
Credit Hours: 3 Per Week
Course Code: Law. 261
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.
50
INTERPREATION OF STATUTE
Credit Hours: 3 Per Week
Course Code: Law. 263
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.
i.
ii.
iii.
iv.
GENERAL PRINCIPLES OF INTERPRETATION
The Primary Rule: literal construction
The other main principles of interpretation.
Reading words in their context; the statutory aspect.
Interpretation Act & Interpretation Clause of statute.
3.
BENEFICIAL CONSTRUCTION:
4.
i.
ii.
iii.
RESTRICTIVE CONSTRUCTION:
Consequences to be considered
Presumption against charges in the common law.
Mensrea in statutory offences
5.
i.
ii.
iii.
iv.
EXCEPTIONAL CONSTRUCTION:
Modification of the language to meet the intention.
Equitable construction
Strict construction of penal laws.
Statutes encroaching on rights or imposing burdens.
6.
i.
ii.
iii.
iv.
7.
i.
ii.
iii.
iv.
v.
8.
9.
i.
ii.
CONSTRUCTION MOST AGREEABLE TO JUSTICE AND REASON
Presumption against intending what is inconvenient or unreasonable
Presumption against intending injustice or absurdity.
Presumption against impairing obligations, or permitting advantage from one’s own wrong.
Retrospective operation of statutes.
INTENTIONS ATTRIBUTED TO THE LEGISLATURE WHEN IT EXPRESSES NONE
Imperative and directory enactments.
Absolute and qualified duties.
Impossibility of compliance.
Waiver
Public and private remedies.
CONSTRUCTION TO AVOID COLLISION WITH OTHER PROVISIONS
CONSTRUCTION TO PREVENT EVASION OR ABUSE
Construction to prevent evasion.
Construction to prevent abuse of powers.
10.
i.
SUBORDINATE PRINCIPLES:
Usage and contemporanea exposition
51
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.
52
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
53