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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)