INTRODUCTION The technical Arabic term for its Anglo-Mohammedan equivalent “pre-emption is SHUFAA which literally means “adding” or “preference”. The persons entitled to claim or exercise the right of pre-emption are mentioned under the Punjab Preemption Act 1991. However, every person has no right to pre-emption. This right arises only on a complete sale. RELEVANT PROVISIONS … Read more
INTRODUCTION Under the Punjab Pre-emption Act 1991, the right of pre-emption can be acquired by demand from a person who has the right of pre-emption. Section 13 of this Act clearly says that the night of pre-emption is extinguished if no demand out of the three demands is made. RELEVANT PROVISIONS Section 13 Punjab … Read more
INTRODUCTION Section 27 Under Punjab Pre-emption Act, 1991 empowered to Court to determine the market value of the property. The sound guidelines for the determination of the market value of the property describes in section 28 of this Act. RELEVANT PROVISIONS Sections 27, 28 of Punjab Pre-emption Act, 1991. LITERAL MEANING The price … Read more
INTRODUCTION Fundamental rights are part and parcel of constitutional law. Fundamental rights safeguard the Liberty and rights of the people and equality etc. The 1973 constitution of Pakistan has given the right to be protected by law to every citizen and has imposed upon them the loyalty to state and obedience to the law. There … Read more
INTRODUCTION Fundamental Rights are the basic rights of the citizens In the constitution of 1973 the list of Fundamental rights has been given. Every democratic state recognizes the fundamental rights of its citizens. Such rights cannot be suspended or vanished due to constitutional guarantee, other than if the state itself is in danger. RELEVANT … Read more
INTRODUCTION A fair trial ensures impartial judgment, legal rights protection, evidence presentation, and a competent defense, fostering justice and due process. The constitution 1973 of Pakistan has guaranteed the fundamental rights in part II, Chapter 1. The Constitution has given the right to be protected by law to every citizen and has imposed upon them … Read more
INTRODUCTION The principles of policy as contained in the constitution of Pakistan in part II chapter 2 guide the authorities in the performance of their functions The principles of policy imply the future line of action of the country. The principles of policy themselves are not rules of law. It is usual in the constitutional … Read more
INTRODUCTION The constitution of 1973 is partly parliamentary and partly presidential in nature. The president is a symbol of the unity of Pakistan He is elected by the Provincial Assemblies as well as the National Assembly. The president is constitutionally required to act on the advice of the Prime Minister’s cabinet, but such advice ought … Read more
INTRODUCTION The President during the period of emergency, exercises the most prestigious powers conferred by the Constitution to protect the solidarity of the country, and economic interest and to get nd of the financial crisis. The president is authorized to issue a proclamation of emergency for the whole of the country or any part of … Read more
INTRODUCTION Members of parliament (MPs) are elected representatives who make and pass laws, represent constituents, debate policies, oversee government actions, and participate in legislative processes, ensuring checks and balances in the democratic governance of a country. COMPOSITION OF PARLIAMENT There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and Houses to … Read more
INTRODUCTION The constitution of the Islamic Republic of Pakistan provides a procedure for legislation in part chapter 2. The parliament has three functions viz to make laws, to grant finance to the Govt, and to administer the policies of the Ministries, The important function of the parliament is to make laws for the state. It … Read more
INTRODUCTION The Supreme Court is the highest court in Pakistan. It is both a constitutional and an ordinary court of law. All decisions of the Supreme Court of Pakistan are binding on all the courts in Pakistan. The Principal seat of the Supreme Court is in Islamabad and Branch Registries are in the provincial capitals … Read more
INTRODUCTION According to Article 175, there shall be a High Court for each Province and Islamabad High Court The most prestigious power exercised by the High Court and Islamabad High Court is the writ jurisdiction. The writ power exercised by High Court and Islamabad High Court is subject to the Constitution The High Court can … Read more
INTRODUCTION A crime is an act committed or omitted in violation of public law forbidding or commanding it. In Pakistan, where the whole criminal law is enacted and codified, crime means an act punishable by the Pakistan Penal Code or other penal statutes. DEFINING THE TERM CRIME In a Literal Sense, Crime means: Activities … Read more
INTRODUCTION The word “Tort” is a French word. It is derived from the Latin word “Tortum” which means “to twist” or “wrong”. A tort is a civil wrong for which a remedy is available to the wronged person in the civil courts. For example, a duty of care to other road users is imposed by law … Read more
AGREEMENT Introduction An agreement is a mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more persons. Definition Section 2(e) of the Contract Act defines an Agreement as follows; An agreement is every promise and every set … Read more
INTRODUCTION Marriage or Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman, and issues out of this union are legitimate. Under Islamic Law, a contract of marriage, need … Read more
INTRODUCTION Theories of punishment have been propounded by various jurists at different ages of time. An authentic theory in this regard has been a subject of debate for many centuries. With time, various theories have been proposed with special reference to contemporary legal systems. Each theory has its own particular merits and demerits. DEFINITION … Read more
INTRODUCTION It is a general rule that all persons who suffer from a tort can sue and all persons who commit a tort can be sued in tort. This rule is based on equality before the law guaranteed by Article 25 of the Constitution of Pakistan 1973. Certain persons or bodies cannot sue, whilst others … Read more
Preface Consideration is something in return for something. In the eyes of the law, consideration means some rights, interests, or benefits accruing to one party and certain responsibilities undertaken by the other. Relevant Provisions Sections 2(d), 23, 24, 25, 127, and 185 of the Contract Act, of 1872 deal with consideration in a contract. … Read more
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