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01

Introduction

Jurisprudence is a study of fundamental legal principles, thoughts, writings about law


in its relation with philosophy, psychology, economics, anthropology and other social
sciences.

02

Literal Meanings of
English Jurisprudence

The word Jurisprudence is derived from the Latin Term, JURIS which means legal
and PRUDENTIA means Knowledge. Therefore Jurisprudence is Science which
gives us knowledge about law

03

Definitions of English
Jurisprudence

04

Scope and applications of


English Jurisprudence

The Scope of Jurisprudence is very wide and vast and it includes all concepts of
human order and human conduct. Jurisprudence applies on social, moral, economic
and religious values of human beings. Jurisprudence consists of the study of the
nature of law and its related ideas. Austin has distinguished the laws from morality
and theology. Jurisprudence is about the nature of law and justice. It embraces
studies and theories from a range of disciplines such as history, sociology, political
science, philosophy, psychology and even economics.

07

Practical value of English


Jurisprudence

Jurisprudence is the eye of law and it has very great practical value.

i.
ii.
iii.
iv.

i.
ii.
iii.
iv.
v.
vi.
vii.

08

Kinds of English
Jurisprudence

Blacks law Dictionary:- Jurisprudence is a science of law


Salmond:- Jurisprudence is a science of law.
Ulpain:- Jurisprudence is science of just and unjust.
Austin:- Jurisprudence is philosophy of positive law

Jurisprudence provides the legal terminology to legislature.


It provides skeleton to the constitution.
Jurisprudence fills the gaps of law or removes legal mistakes or
fallacies.
It gives detailed interpretation to statue of laws.
Jurisprudence helps judges and lawyers in understandings the true
meanings of laws framed by the legislatures.
Jurisprudence has great educational value in logical conclusion or
analysis of legal concepts.
The study of jurisprudence helps the students in adjusting themselves in
society without causing injuries to the interests of other citizens.

There are three kinds of jurisprudence:


Historical Jurisprudence:Historical Jurisprudence gives the answers of the questions, origin of law, the
development of law, evolution of law and philosophy of law.
Analytical Jurisprudence:The branch of jurisprudence gives analysis to basic principles of civil and their
interpretation.
The most important questions of analytic jurisprudence are: "What are laws?";
"What is the relationship between law and power/sociology?"; and, "What is the
relationship between law and morality?"
Ethical Jurisprudence:
The branch of jurisprudence deals with basic principles of ethics and moral values.
Ethical jurisprudence is a branch of legal philosophy which approaches the law from
the viewpoint of its ethical significance and adequacy. It deals with the law as it
ought to be an ideal state. This area of study brings together moral and legal
philosophy.

09

English Jurisprudence in
relation with social
sciences

a. Sociology and jurisprudence:


Sociology is the study of society with its relation with human beings.
Jurisprudence and sociology has greater connection with each other. Sociology helps
the jurisprudence in solving the social problems and social wrongs/ civil wrongs
without having the knowledge of society, the jurisprudence cannot be understood.
b. Jurisprudence and Psychology:Psychology means science of human behaviour, mind and conduct. Psychology has
close connection with the jurisprudence. For example in study of criminal
jurisprudence, there is great scope for study of human psychology. In order to
understand criminal mind behind the crime. Similarly intention to commit crime is
also study of psychology as well as study of jurisprudence.
Jurisprudence and Ethics:Ethics means anything relating to moral action or conduct. We can say Ethics is the
science of moral conduct. Ethics are two types. A. Ideal Moral Code
B.
Positive Moral CodeThis cannot be made with the help of any legislature but its
legislature is God. It is present in the hearts of man. Positive Moral Code deals with
the rules, regulation formed by legislatures to the human beings of the society.
Jurisprudence and Economics:Economics means science of wealth. It is universal truth that bad economics
condition gives birth to many crimes and offences because due to poverty people
break laws. Karl Marx, has shows that there is good relation between jurisprudence.

2
For example labour laws, factory laws, mercantile laws, company laws, association
laws depend upon jurisprudence. As economics improve standard of life of people,
similarly jurisprudence gives such economics laws which promote social and
economics just.
Jurisprudence and Politics:Politics is science of government. Its main subject is relation between citizen, state
and control of the state. There is very close relationship between jurisprudence and
politics. Because government is directly depend upon good laws to run the state
machinery.
10

Conclusion

It is rightly said that jurisprudence is science of laws. Jurisprudence has very close
relationship with all social sciences like sociology, history, economics, ethics, and
politics. It has practical educational and legal value with a lot of purpose.

What is civil Justice and Criminal Justice? What are differences between them?
01 Introduction
Justice means proper administration of laws and its strict enforcement. Without enforcement of law a
secure, safe and balance life is not possible. Good administration of justice shows the good efficiency of
the Government. It is the duty of the Government to implement justice and rule of law. There are two
kinds of justice civil and criminal. Civil justice deals with private wrongs, whereas criminal justice deals
with public wrongs. Although both are kinds of justice but still there is a lot of difference between them
on the basis of nature and object.
02 Aspects of Justice
There are three aspects of justice.
i.
fair procedure of law
It means everyone should be treated in same way and there should be no discrimination on
the basis of gender, creed or wealth.
ii.
balance of interest
It is the duty of state and justice to keep balance of interests of public like freedom of
speech, life, property etc.
iii.
Equality in decisions
It means everyone is equal before law and there should not be any discrimination on the
basis of standards.
03 Definition of Justice
Justice means proper administration of law, justice is an important ingredient of law.
04 Kinds of Justice
There are two kinds of justice
a. Civil Justice b. Criminal Justice

a. Civil Justice:- Civil Justice means such justice which addresses rights of private and civil
nature.
05

Object of civil
Justice

Object of civil justice is ensure and enforce the infringe rights of private and civil nature.
Examples:- 1. All the civil wrongs or infringement of civil and private rights.
2. Breach of contract:- Non payment of debt and non payment of rent

06

Kinds of civil
wrongs and their
results

i.
breach of contract
ii.
assault, battery, defamation
iii.
false imprisonment, Nuisance
iv.
trespass to land, person and property
v.
negligence and fraud
vi.
Embezzlement and corruption, maladministration, mismanagement, bribery etc.
Results of Civil Wrongs:
i. Civil proceedings result in judgement for damages
ii. compensation
i.
payment of debt,
ii.
penalty, fine, injunction, decree, restitution or stay order.

07

Criminal Justice

By criminal justice means such justice deals with public wrongs and punishments.

08

Examples of criminal

Objects of criminal justice:-

3
wrongs and their
results

09

Characteristics of
criminal wrongs

10

Difference between
criminal justice and
civil justice

Object of criminal justice is to punish the offenders


Create law and order in the society.
Examples of public wrongs:Public wrongs mean such wrongs which are due to breach of public rights and duties as a result of whole
society suffer e.g theft, murder and rape etc.
Criminals may awarded punishments, imprisonment rigorous or soft, fine, death, exile, flogging.
a. Criminal justice addresses the public wrongs.
b. Object of criminal justice is to punish the wrongdoers and to create a peaceful and law abiding
citizens.
c. Criminal Justice is dealt with in criminal proceedings.
d. victims file petition in the criminal courts.
e. Pakistan Penal Code/ Cr PC apply during the prosecution.
f. Parties name State Vs Accused
Civil Justice
Criminal Justice
Civil Justice means justice which Criminal Justice means justice
addresses the rights of private which addresses the public wrong
individuals or of civil nature
or wrongs of public nature
Rights in rem are preserved
Rights in personam is preserved
In civil justice civil rights are
In criminal justice public rights are
protected
protected
Civil justice deals within the civil
Pakistan Penal Code, CrPC apply
proceedings of CPC or statute law
during prosecution
Victim party file a suit
State file a petition or file a
Civil wrongs are of no much harmful
complaint
and they effect only individuals
Criminal Wrongs are harmful to the
Plaintiff Vs Defendant
society and whole society suffers a
Judgement or results are in the form
lot
of injunctions, Specific performance
State Vs Accused
or damages
Death penalty, imprisonment, fine,
flogging
and
other
rigours
punishments
or
exemplary
punishments

Q. Define Punishments. What are different theories of Punishments and which theory is most suitable for society?
01
Introduction
For balance, safe and secure society some theories of the punishments have been introduced. Theories
of the Punishments has been remain the subject of debate for many centuries. With the passage o time,
the various theories have been proposed with special reference to the contemporary legal system and
each theory having its particular merits and demerits. There is no single theory which is considered as
the most suitable and idle for the country or for the society to implement in letter and spirit.
02
Definitions of the
Law Lexicon:- Punishment is penalty for Transgression of the Law.
Blacks Law Dictionary: Any fine, penalty or confinement inflicted upon a person by the authority of
Punishment
law as a result of the judgement and sentence on account of the crime or offence which he has
committed proved during prosecution.
03
Characteristics of
It must be involve pain/injury or any other consequences to the victim which are not pleasant or
harmful to the victim. It must be an offence and should against the legal rules and falls under the
Punishments
definition or section of PPC.
The offence must be against public or state.
04
Objective of the
The object/purpose of the punishment is to prevent the society from the crimes.
b. To prevent the person who has committed any offence from repeating the same acts or omission or
Punishment
offence again.
d. to prevent the other members of the community from committing similar crimes on the part of the
offenders.
e. creation of peaceful and law and order in the society.
05
Approaches towards
Reaction to crimes has been different at different stages of human civilization and even at a given
time.
crimes
ii. It has been different in different societies. However there are three approaches or reactions
towards the crimes.
a.
Punitive Approachi.
In this approach the punishment is inflicted with the object to protect the society from the

4
offender to repeat his crime.
ii.
In this category the punishment of imprisonment is awarded who has committed serious
or rigorous offences.
a.
Therapeutic approach:i.
in this approach, the criminal considered as sick person and require treatment.
ii.
In this case the circumstances of the criminal or offender is considered which is product
or cause him to commit any offence and those circumstances are treated which compel him to
commit any crime.
a.
Preventive Approach:In this approach, instead of giving punishments to the offenders, those conditions are eliminated
which are responsible which compel him to commit crime or offence.
All the above mentioned approaches not exist independently but they overlap each other.
Following are some theories of the punishments
i. Retributive Theory
ii. Deterrent Theory.
iii. Preventive Theory
iv. Reformative Theory.
v. Compensation Theory
According to this theory, punishment means, repairing an injustice or making a wrong into right. In this
principle of tooth for tooth, eye for an eye. In primitive societies the punishment was retributive. The
victim or family of the victim was allowed to take revenge. Islamic punishments are of also retributive
type.
Comments/Criticism
Kent argues that it is the responsibility of the society to punish the person who commits any crime. He
is of the opinion that principle of the justice requires that we must punish the blameworthy. Benthen is
against the retributive theory. He says that retributive theory is based upon the assumption of revenge
and revenge remains unsatisfied through such type of punishments. Most ancient law developed on the
base of retributive theory. Laws are based on tit for tat or life for life. Retributive theory of punishment
creates the passion of hate towards law. This theory sometimes base on very cruel punishments. Not
applicable in modern days. Punishment is not itself remedy and punishment is itself an evil. In the late
16th century the theory was opposed by the church. It is said that forgiveness is great virtue than
revenge. Retributive theory of punishment is against the cannons of morality and ethics. Retributive
theory considers the crime and not the circumstances of crimes.
It means to stop and discourage crime and criminal by producing fear or terror.Basic idea behind is to
create fear and horror though exemplary punishments and makes the wrongdoers an example for the
others persons who want to commit such type of crime or warning to criminal minded persons.
Salamond considers the deterrent punishment very important. It gives warnings to all the criminal
minded persons to rectify themselves.In Deterrent theory punishment intensity or proportion is more
than the intensity of crime or offence.
Criticism:The Deterrent Theory proved unsuccessful in checking crimes. Even though there is provision of
severe or rigorous punishments in PPC, people still commit crimes.Excessive harsh punishments create
sympathy of the public towards those who has done something wrong.
In this theory the offender is prevented to repeat the crime again Or The offender are disabled to repeat
the same crime by punishment of imprisonment, death, exile and forfeiture.
Criticism:The Preventive theory concentrated on the prisoner but seeks to prevent him offending again in future.
For example of preventive punishment is the cancellation of driving licence of a person for violation of
traffic rules so that he may be prevented from driving in order to avoid further accidents.When an
offender is detained or disabled the family members also suffer as a result, especially in the case where
the offender is the sole earning member of the family.When the offenders are sent to jail under this
theory, he turned into crime school and after acquittal the turned into more notorious
criminal.Preventive Punishments are of temporary nature and they dont have impact on his inner
conscious, rather force him to commit crime again.

06

Theories of the
Punishment

07

Retributive Theory

08

Deterrent Theory

09

Preventive Theory

10

Reformative Theory

In reformative theory the offender is given some psychological treatment or therapeutic approach of
his mind and conduct. This theory believes that an offender is a product of the circumstances and it
was due to circumstances which compel him to commit such crime. Therefore those circumstances are
removed or rectified.The object of the punishment is to transform the criminal person into good human
beings and good citizen. The advocates of reformative theory contend that by a sympathetic tactful and
loving treatment of the offender a revolutionary changes may be brought into the character.
CRITICISM:- Habitual and hardened criminals cannot be reformed because they dont commit
crimes unintentionally rather intentionally and deliberately.

11

Compensation
Theory

12

Conclusion

According to this theory the victims are given compensation or fine which he pays to aggrieved party.
The object of the compensation theory is to compensate the victim or victim family. To deprive the
offender of his property or possession or seize his bank account as a punishment. Taking away property
is worse than isolating him or killing him, physical torture or humiliation.
CRITICISM:- It can be fruitful in common crimes but in serious or sever crimes this theory is not
implementable. If the offender is rich person, he can pay easily and there will be no punishment. the
offender who has no property movable or immovable cannot be punished. Taking away property may
lead to frustration and more crimes may be committed out of this frustration.
Keeping in various theories of punishment we can say that perfect system of criminal justice is not
base on any one theory of punishment. Every theory has its own merits and demerits. Therefore it
depends upon nature of crime and the circumstances or evidence of the crime.

Define Customs. What are its kinds and what are its essentials?
01

Introduction

02

Meanings of Customs

03

Theories of the
customs

04

Essentials of valid
customs

05
06

Kinds of customs
Legal Customs

07

Conventional
Customs

Custom is the oldest source of law making. Nobody can say about its origin. Customs are as old as the
history of mankind. The custom is habitual course of conduct which is performed again and again
uniformly and voluntary by the people. Every act in society which is considered good and beneficial
for all, repeated again and again and it become customs and whole community or society accepts it. In
the ancient societies people were regulated by customs which develop spontaneously according to
prevailing circumstances of the time. When one thing or act was done again and again in particular
way, it was assumed as customs.
Customs means such habits or course of conducts which observed or done uniformly and voluntarily
again and again by the people concerned.
AUSTIN:- custom is the rule of the conduct which governed, observed spontaneously and not in
pursuance of law set by political.
CARTER:- Custom is uniformity of conduct of all person under like circumstances.
HOLLAND:- Custom is generally observe cause of conduct
There are two theories of customs.
Historical Theory b. Analytical Theory
HISTORICAL THEORY:i.
According to this theory growth of law from the customs is due to or a result of the
intelligence of people.
ii.
Custom is derived from the common consciousness of people.
iii.
Customs springs from the inner sense of people
iv.
Customs does not need recognition from the state
ANALYTICAL THEORY
i.
According to this theory custom is the source of law and not law itself.
ii.
A custom becomes law when it is covered with acts and state enforces it.
iii.
Customs are not positive laws until they are recognized by state or country.
iv.
Customs becomes law when it takes cover or dress up with the acts.
v.
Customs is not binding upon people.
vi.
A custom is law when the sovereign allows doing it.
ESSENTIAL OF VALID CUSTOMS

i.
ii.

Reasonableness:- the custom must be useful and acceptable for the society
Reflection of justice:- a custom should not reflect the injustice. If it reflects injustice
then it is not valid custom
iii.
Immemorial:- the valid custom should not be temporary and have long history.
iv.
Continuity: Custom must be repeated again and again
v.
Peaceful enjoyment:- The custom must be enjoyed peacefully. No danger to life
vi.
Certainty: - there should not be ambiguity in the custom and it should be clear and
definite.
vii.
Compulsory observance:- Custom must be observe regularly at definite or specific time
viii. General and universal:- custom should observe generally
viii.
Not opposed to public policy: it should not be against public laws
ix.
Conformity with state law;- must be according to law
there are two kinds of customs i. Legal Customs and Conventional customs
Legal customs are such customs whose legal authority is recognized by law of state.
Salmond:- Legal custom is such custom which has force of law and it is binding as rule of law.
Characteristics of Legal Customs:
i.
It has absolute authority.
ii.
It has binding force.
iii.
It has force of law
Kinds of Legal Custom:There are two kinds of legal customs 1. Local Customs 2. General Customs
i.
Local Customs:
i.
Local customs are such customs which are observed or operates in specific or particular area.
It has force of law in that area. For example basant is local custom because it operates in particular
area.
Characteristics of Local Customs:i.
It has conformity with the statute of laws
ii.
It base on peaceful enjoyment
iii.
Authority of local custom is higher than that of common law
iv.
It operates in particular area
i.
General Customs:i.
General Custom is that which prevails throughout country and it constitutes on of sources of
law of land.
ii.
Once a general custom is recognized by the courts of law, it cannot be set aside by another
custom.
iii.
For example most of UK laws consist on general customary law.
Characteristics of General Customs:i.
These are such customs which are not for a particular area.
ii.
These customs prevail throughout the country.
iii.
These are immemorial customs.
iv.
There must be continuity in these customs
Conventional custom means such custom which operated under an established rule. Conventional
customs means such custom whose authority is conditional on its acceptance.

6
USAGE:- Other name of conventional custom is usage. The conventional custom is based upon
agreement between two parties.
Characteristics of conventional custom:i.
Conventional customs arise as a result of agreement between two groups.
ii.
Authority of conventional custom is conditional on its acceptance and incorporation between
the parties. A conventional custom is an establish practices.
iii.
Conventional custom is legally binding because it expressly or impliedly incorporates in
contract between the parties.
Conditions for conventional Customs:Well establish ,No alternate of general law, Reasonable, Some agreement between two parties
08

Conclusion

Legislation
01
Introduction

02

Meanings of
Legislation

03

Senses of legislation

04

Kinds of legislation

05

Supreme Legislation

06

Subordinate
Legislation

07

Kinds of Subordinate
Legislation

Custom is the oldest source of law-making. But with the passage of time its importance is diminishing
with growth of legal system. The law relating to succession, inheritance, property, contract etc are
evolved from customary rules.

Legislation means the power to make laws. We can say that legislation is most potent and sovereign
source of law making. This is first gate of law. There can be no law without legislative act. The
legislation has powers to enact laws, repeal the old laws or modify or make amendments in law
according to changing political and social conditions of the country. Judiciary only can interpret the
laws but legislation has powers to make laws. Legislation also called "statutory law") is law which has
been promulgated (or "enacted") by a legislature or other governing body, or the process of making.
Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as
"legislation" while it remains under consideration to distinguish it from other business. Legislation can
have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to
declare or to restrict. Legislation is usually proposed by a member of the legislature (e.g. a member of
Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature
and is often amended before passage. Those who have the formal power to create legislation are known
as legislators; a judicial branch of government will have the formal power to interpret legislation (see
statutory interpretation); the executive branch of government can act only within the powers and limits
set by the law.
Blacks Law Dictionary:Legislation means power to make laws or powers to enactment of laws.
Gray:Legislation means the formal utterances of legislative organs of society
Salmond;Legislation has three senses
Austin:
there can be no law without legislative act
i.
Widest sense: In widest sense it means to make new rules for human conduct and includes all rules or laws for
executive and judicial system
ii.
Technical sense:In technical sense it mean a statute which is enacted by legislative organ and which is distinguished
from other organs
Legislation are of two types
1. Supreme Legislation
2. Subordinate Legislation

i.

Legislation which proceeds from the supreme or sovereign power in the state is supreme
legislation.
ii.
The supreme legislation cannot be repealed, annulled or controlled by any other
legislative authority.
Subordinate legislation is that legislation which proceeds from any authority other than the sovereign
power and is therefore dependent for its continued existence and validity on some superior or supreme
authority.
Salmond:
Subordinate legislation is such legislations which proceed from any authority other than sovereign
power.
Characteristics of subordinate legislation
i.
It is not independent legislation
ii.
It has no political force
iii.
It proceeds from any authority other than sovereign power
iv.
It depends on continuous existence
v.
It may repeal
vi.
It can change
i.
Colonial Legislation:
Legislation by legislature for the colonies or other dependent states or functioning under Crown.
Imperial legislature or supreme legislature can suspend, supersede, and alter any colonial enactment.
ii.
Judicial Legislation:The superior courts have the power of making rules for the regulation of their own procedure; these
rules are termed judicial legislation.
iii.
Municipal Legislation:-Municipal authorities are entrusted by the law with powers to make their special laws for the districts
under their control. This is also called bye-laws

07

Forms of Legislation

08

Control of legislation

09

Advantages of
legislation

10

Disadvantages

11

Conclusion

iv.
Autonomous legislation:The autonomous bodies or corporations, associations, trade unions, railway companies and universities
can make their own rules.
v.
Delegated legislation or Executive Legislation:The supreme legislation or legislature quite often delegates its powers to other organs e.g executive.
The rules made in pursuance of this delegated powers are executive or delegated legislatures but they
may be repealed or supersede by the legislatures whenever required.
Direct Legislation:The framing of laws by the legislature is direct legislation.
Colonial legislation is a type of direct legislation because here law making power is exercised by a
legislative body.
Indirect Legislation:When legal principles are declared by some other sources to whom law making power is confided by
the legislature, it is known as indirect legislation. Except colonial legislation all other forms of
subordinate legislation are instances of indirect legislation.
Parliamentary control.
Parliament can refuse, amend or alter or approve the bill being supreme legislative body
Parliamentary supervision ; where parliament directly supervise the legislatures
Judicial control:
While parliamentary control is direct, the control of courts is direct. Courts cannot annual subordinate
enactments but they can declare them inapplicable in particular circumstances. Trustworthy body
Publicity. Experts opinion are controlled factors over legislation.
i.
Legislation cannot be repealed except by Supreme Court
ii.
Legislation is constitutive and abrogative means that it can make laws and repeal own
laws
iii.
Legislation creates statute law
iv.
Legislation removes ambiguity and vagueness in the laws
v.
Legislation brings efficiency in the administration of the government and judiciary
vi.
Legislation satisfies the natural justice phenomena
vii.
Legislation provides skeleton or frame work for other constitutions
viii.
Legislation has power of self criticism and self revision
ix.
The aim of the legislation to protect and progress of the society.
x.
It brings uniformity in territory and creates close relationship b/w man and the state
i.
Legislations are rigid, courts and executive bodies cannot perform duties out of enactment or
framed laws
ii.
Since legislatures are associated with some party so they frame legislatures of their own
choice which full fill their own desires.
iii.
Layman cannot understand the technical language.
iv.
Statues laws or laws framed by legislatures are not self explained and ambiguity remains.
Legislation is most recent and powerful source of law. In a wider sense it includes all methods of law.
According to Dicey, Legislation is necessary instrument for the growth and reformation of law.

Question of fact and Question of Law


01
Introduction
During

02

Question of fact

03

Characteristics of
Question of fact

04

Question of law

05

Characteristics of
Question of Law

the course of prosecution in the courts, two types of questions arise, one is
question of law and other is question of fact. Question of law is such question whose
answers is already described or mention in the law. While on the other hand question
of the fact is such question which relates to the factual or actual position of the case
and whose answers has not already been answered by some law. Although both are
kinds of questions yet there are some differences between them on the basis of nature,
concepts and object.
If the question relates to factual position or whose answer is not prescribed or
mention in the law, then such question will be question of fact. Question of fact is
factual position of case or actual incidents or happenings of the case.It are not matter
of opinion. Evidence is given to find out the true facts of the case. Question of facts
can be proved by means of demonstration.
i.
It relates to factual position of the case
ii.
The answer of Question of fact is not prescribed by any law
iii.
Judicial discretion has a lot of importance in it
iv.
Question of fact always decide by the jury
v.
There is no need to prove the Question of fact.
vi.
Opinion of the judge has great importance in respect of question of
fact.
vii.
Question of fact can be prove through evidence and demonstrations
viii. In question of fact court finds the actual truth
ix.
In question of fact important thing is how an incident or accident
happens
x.
In question of fact the decisions are not clear.
If a question relates to legal affairs or if answer of question is already prescribed by
any aw then such question will be question of law.
i.
Question of law relates to legal affairs.

06

Difference between
Question of Fact and
Question of Law

Administration of Justice
01
Introduction

02

Definition and
criticism

03

Origin and Growth


of Administration of
Justice

04

Need of
administration of
Justice

05

Kinds of Justice

ii.
Answer of question of law always prescribed by law.
iii.
Judicial discretion has not any importance in the question of law.
iv.
Question of law decides by the judge
v.
There is no need to prove the question of law because it is already
proved
vi.
Opinion of judge has no importance in respect of question of law.
vii.
In the case of the question of law there is codified law so there is no
ambiguity or complexity
viii. In question of law priority is that what law says
ix.
In question of law decisions are clear.
In law, a question of fact (also known as a point of fact) is a question which
must be answered by reference to facts and evidence, and inferences arising from
those facts. Such a question is distinct from a question of law, which must be
answered by applying relevant legal principles. The answer to a question of fact
(a "finding of fact") is usually dependent on particular and circumstances or factual
situations.
To illustrate the difference:
Question of fact: Did Mr. and Mrs. Jones leave their 10-year-old child home alone
with their baby for 4 days?
Question of law: Does leaving a baby with a 10-year old child for 4 days fit the legal
definition of child neglect? All questions of fact are capable of proof or disproof, by
reference to a certain standard of proof. Depending on the nature of the matter, the
standard of proof may require that a fact be proven to be "more likely than not", that
is there is barely more evidence for the fact than against, as established by a
preponderance of the evidence; or true beyond reasonable doubt. Answers to
questions of fact are determined by a trier of fact, such as a jury,

War and administration of justice are two most essential functions of the state. If State is incapable of
performing these two functions, it cannot be called as state. Administration of justice means the
maintenance of peace and order within political community by means of physical force of the state.
The good administration of justice mans the Govt. and its institutions are working properly and there is
good coordination b/w them. Good and efficient judiciary system guarantees good governance and
administration. Administration of justice means the maintenance of peace and order within the political
community by means of physical force of the state. Throughout history, man has sought some kind of
revenge or remedy for wrongs done against his person or property. Administration of justice is the
modern and clinical treatment for all the evils and wrong practices in the society. For sound
administration of justice physical force of the state is the prime requirement. Other factors which help
administration of justice and command obedience of law include social sanction, public opinion,
convenience etc.
Salmond:Administration of justice means the maintenance of right within the political community by means of
physical force of the state.
Criticism: This is not only force of the state which guarantee the administration of justice and ensures
the obedience of law. There are number of other factors such as social sanctions, habit and convenience
which help in the obedience of law. The supporters of definition says that if the force of the state is not
used for obedience then the control of the state has disappeared
First stage:Firstly there was the concept of private system of punishment and violent self help. In primitive times
might was the sole right. Every man was his own judge. A person wronged would take revenge by his
own hands.
Second Stage:With the rise of political states, the private system of punishment converted into state punishments and
regulated by the state and state provided the rules eye for an eye and tooth for tooth.
Third Stage:Lastly a stage arrived when enactment rules and laws formed and concept . private punishment
converted into administration of civil and criminal justice.
Without administration of justice, life of man living in the society would be insecure, poor and nasty.
Administration of justice is necessary due to following reasons. Uniformity and equality in the society.
For protection of civil and public rights For peace and stability. Integration of the society. Smooth
running of the state machinery Necessary to check the injustice. Necessary to avoid lawlessness. To
educate the people. To promote justice and fair play. To promote welfare. To promote equality
There are 4 types of justice
Public Private Civil Criminal
Public Justice:Public Justice is administered by the state by establishing it own tribunals and courts e.g Labor Courts,
Service Tribunals, Appellate Tribunals etc
Private Justice:Private Justice is justice between individuals. It is the end for which the courts exist and public justice
is the means through which this end is fulfilled
Civil Justice

06

Difference between
Civil Justice and
Criminal Justice

07

Disadvantages of
Justice
Conclusion

08

Civil Justice results from the infringement of private right. If a right of a person is violated and it only
concerns or directly affects him.
Criminal Justice:Criminal justice results from the infringement of a public right. Even if the offence is committed
against one person but the nature of the offence is such that the state steps in and considers it to be an
infringement of a public right.
Civil Justice
Criminal Justice
Civil Justice means justice which addresses Criminal Justice means justice which
the rights of private individuals or of civil addresses the public wrong or wrongs
nature
of public nature
Rights in rem and trespass are preserved
Rights in personam is preserved
In civil justice civil rights are protected
In criminal justice public rights are
protected
Civil justice deals within the civil proceedings Pakistan Penal Code, CrPC apply
of CPC or statute law
during prosecution
Victim party file a suit
State file a petition or file a complaint
Civil wrongs are of no much harmful and they Criminal Wrongs are harmful to the
effect only individuals
society and whole society suffers a lot
Plaintiff Vs Defendant
State Vs Accused
Judgement or results are in the form of Death penalty, imprisonment, fine,
injunctions, Specific performance or damages
flogging
and
other
rigours
punishments
or
exemplary
punishments
In civil justice no benefit of doubt is given to In Criminal Justice benefit of doubt go
accused
to accused
In civil justice only a plaintiff can pardon
Criminal justice wali or state can
pardon
The object of civil justice is to enforce right
The object of criminal justice is to
punish wrongdoers
Rigidity Complexity Formalities Unable to keep up with changing social needs.
To conclude it is right to say that justice is permanent feature of the society and basic function of the
state. Because it maintains the peace in the society and obedience of law and it gives protection to the
primary rights and without there would not be supremacy of the Govt. administration of the justice is
the excellent test of the efficiency of the Govt. according to Lord Bryce an efficient judicial system is a
sign of good political society.

What is law, what are its kinds what is imperative law and Natural Law
01
Introduction
The term law is derived from German word Lag which mean fixed or evenly. Law is body of principles
recognized and applied by state in administration of justice.Acts of nature are also known as laws and
these laws called natural law. In every society there exist rules that regulate human conduct and thus
customary rules are formed and such customary rules are transformed into laws when state gives them
legal recognition and take the responsibility to enforce them. Acts of human conduct are known as
positive laws and these laws can be change by legislation.
02
Meanings and
Meanings of law:Body of rules promulgated by Government.
definition
Definition of law.
Austin:Law is command. It imposes duty and is backed by sanction
Green;Law is system of rights and obligation which state enforces.
Holland:
Law is general rule of the external human action enforced by political sovereign.
Salmond:Body of principles recognized and applied by state in the administration of justice
03
Kinds of Law
Laws in wide sense are divisible into following categories.
Imperative law:Imperative law means a rule which prescribes a general course of action imposed by authority which
enforces it by superior power either by physical force or any other forms of compulsion
Physical law:All laws are physical in which natural or general principles of the universe are functioning and there is
uniformity and harmony in the universe as a result. Such as laws of astronomy, chemical reactions
Natural and moral law:By natural law mean principles of natural right and wrong, the principles of natural justice. Natural
laws also called divine law, the law of reasons or universal laws
Conventional law:Conventional law means any rule or system of rules agreed upon by persons for regulation of their
conduct towards each other. It is type of special law
Customary law:
Customary law means any rule of action or conduct of human beings which is actually observed again
and again in uniformity and voluntary.
Technical law:Such rules which create for solutions of technical or practical problems e.g laws of health, laws of
architecture, music laws, rules of manufacturing.
International law:-

10
Those rules which govern sovereign states in their relations and conduct towards each other.
Constitutional law;
It includes all rules and regulations create by legislative bodies and provide framework for all other
pillars of the state. Sovereign body makes such laws and enforces them.
Civil law:civil law is the law of state or law of the land, the law of the lawyers and the law of courts. Civil law
protect the rights of individuals i.e rights in rem
Criminal law:
Criminal law protects rights in personam
Conventional law:
Conventional law originates as a result of the agreement b/w two parties and it is law only for those
who have agreed to be bound by it. Even they are not recognized by state, they constitute law in
generic sense. When they are recognized by the state it is enforceable by law
Local law:Local law is the body of law which are for specific territory of the state e.g municipal corporation
laws, district government law. All bye laws fall under the definition of local law.
Special law:Special laws are those legal rules which are formed for specific time of period for specific purpose and
when target or purpose achieved they become null and void.
General law;General Law means territorial law or ordinary law of the land. Its application is thought of the country
and is recognized by courts and there is no special condition for their enforcement.
Private law:
Private law deals with the inter-relationship b/w citizens
Administration law:Administrative law defines the powers, organizations and duties of administration or executive.
Constitutional law:Constitutionally law defines the all rules and regulations which are necessary for smooth functioning
of government and judiciary machinery. It also provides frame work or skeleton to other laws such as
civil criminal etc.
Autonomic law:Laws form by autonomous bodies like railway, PIA, Universities etc
Martial law:Law form by military dictator when he occupied the realm or snatch by force. It is also called military
law and thus suspends the constitutional or democratic law.
Mercantile law:It is also kind of special law and it apply in working business trade and commerce
Prize law; prize law is part of international law in which law apply on pirates, who capture ships and
cargos at sea in time of war
04

Conclusion

To conclude it is right said that law is system of rights and obligations which state enforces. And every
law is gift of God and decisions of sages. There are many forms of law. Acts of nature are known as
laws of nature. Acts of human conduct are known as positive laws. Laws of nature cannot be change
while positive laws can be change.

Austin Theory of Law or Imperative Theory of Law


01
Introduction
Austin theory revolves around that command is only for sovereign. Austin separates morality and law.
He considers no similarity b/w morality and law.His theory does not relate to the nature of law rather it
relates to the machinery and mechanism thorough which it is enforced. He presented imperative theory
of law and denounce the theory of naturalist. Law is the command of the Sovereign. John Austin
belongs to the analytical school of law and is widely considered to be the founder of positive law.
02
Three elements of
Thus, the three elements of law are:
1. A command
law in Austin
2. A sovereign
Theory
3. A sanction
03
A command
According to Austin, law is not the same as morality. It deals with what is and not with what should be.
It is imperative. It is the command of the king. The coercive force behind law is its essence.
Jurisprudence is not the same as ethics. It is an independent discipline. The theory has often been
criticized for not including moral considerations but this was apparently not what Hobbes had intended
the way he saw it, such an analysis was preliminary to critical assessment which was, through utility,
to help reveal heretofore unrevealed divine laws.
04
Austin Theory of
Every positive law or every law simply and strictly so called is set by sovereign individual or
sovereign body of individuals to a person or persons in a state of subjection to its author. Ingredients of
Law
Austin Positive Law: It is a type of command
It is laid down by a political sovereign. It is enforceable by sanction.
05
Law is type of
According to Austin every law is in the form of command. A command is an expression of desire given
by superiors to inferiors. The superior enjoy the powers and he has ability to punish inferiors who
command
disobey him.
06
All commands are
Austin distinguishes laws from other commands by their generality. Laws are general commands. Laws
are standing orders of military station which remains in force.
not laws
07
Law is given by
Austin second requirement of law is that only that command should be given by some sovereign or
some supreme power. To Austin, a sovereign is any person or body of persons whom the bulk of
sovereign
political society habitually obeys and who does not obey him he punishes them. According to Austin
there is no sovereign there is no law. He says that the relation b/w the sovereign and law is the relation
b/w the centre and the circumference. According to sovereign the powers of sovereign cannot be
divided and sovereign is continuous. According to Austin, law is law until it is effective and generally

11
obeyed. However perfect obedience is not necessary.
08

Sanctioned by law

09

Criticism of
Imperative Theory
of Law

10

Conclusion

In case of non compliance with the command, one has to face the consequence in the form of
sanctions. There must be law enforcing agencies who implement the law in letter and spirit.
Laws before the state;The laws which were existed before the creation of state or government were not in the form of
commands from sovereign body. It had its source in customs, religion, ethics or public opinion and was
not vested in some authority or sovereign or some political superior. Therefore Austin theory that there
must be sovereign who give command fails.
Generality of Law;
According to Austin Law is general and for every individual and they must obey but it is not happens
so. All persons dont obey the laws in their full sense.
Law as command:
According to Austin, law is command of sovereign but all laws cannot be expressed in terms of
command. The greater part of the legal system consist of laws which neither command nor forbid
things to done. Laws not only define duties but also give rights. Not applicable in modern democratic
societies. Austin theory of law may be true in monarchy or state where there is dictatorship but not
applicable in true democratic states.
Not applicable to international law;Since the world has become global village. Austin theory of law does not apply to constitutional law
which cannot say command of sovereign. The constitutional law defines the powers of various organs
of the state.
Austin theory is against the ethical element;There is smell of dictatorship and against the ethics. End of law is justice and not the punishment. End
of justice gives you rights and it is bonafide and gives you rights.
According to Austin every law is in the form of command. A command is an expression of desire given
by superiors to inferiors. The superior enjoy the powers and he has ability to punish inferiors who
disobey him.

Primary and Secondary functions of the Court


01
Introduction
Court is an organ

02

Primary functions
of the court

03

Secondary
Functions of the
courts

04

List of secondary
functions

05

Actions against
state

of the Government belonging judicial department. Basically court


performs two types of functions, primary functions and secondary functions.
In primary functions court acts as a form through state administer the justice.
Secondary functions are in facts the functions of the state but delegate to the courts
for the convenience of state. Examples of the Secondary functions are Actions against
State, Declaration of rights etc.
i.
The primary function of the court is to administer the justice.
ii.
To ensure that justice is done
iii.
To adjudge the case according to the laws of land.
iv.
To enforce the laws of land by the application of sanctions.
v.
It is primary function of court to enforce the rights.
vi.
It is primary function of court to punish the wrongdoers.
i.

Secondary functions means such functions which in reality are the


functions of the state itself but state delegate to the courts of law for the
convenience of state.
ii.
Secondary functions can change with the passage of time or can be
different society to society.
Secondary functions of courts of law are based on practical implication.
i.
Actions against state
ii.
Declaration of rights
iii.
Administration
iv.
Title of rights
This is main secondary function of court. It means that courts of law exercise in the
first place, the function of adjudicating upon the claims made by the subjects or
people against the state. In the past when some person wanted to claim against state
then in such situation there was only a way of complaint for him was petition of right.
Now a day if a subject claims against state then he is at liberty to take proceedings in
a court of law by an ordinary action for the determination of his right in the matter.
Examples:
i.
If some person claims that a debt is due to him from the crown has broken
a contract with him or wrongfully detains his property then he is at liberty
to take proceedings in court by an ordinary action for the determination of

12

his right.
Practice in Pakistan: article 99 of the Constitution of Islamic Republic of
Pakistan 1973 lays down these matters may go directly to the High Court.
Following are claims in the form of petitions against state
i.
Habeas Corpus
ii.
Prohibition
iii.
Mandamus
iv.
Certiorari
v.
Quo Warranto
ii.

It is called writ petition in Pakistan. The enforcement of writ is secondary functions of


the courts.
06

Declaration of rights

In certain cases the plaintiff does not ask for the enforcement of any right but ask for
declaration of such right which does exist and such declaration know as a declaration
of right.
When a plaintiff can ask or claim for declaration
A plaintiff can claim for the declaration when the rights are uncertain then in such
condition the court gives authoritative declaration of right of the person concerned.
i.
Object:The object of declaration of right is not punishment but only declaration.
ii.
Declaratory Suit:When a person wants the declaration then for this he files a suit and this suit is called
Declaratory Suit.
iii.
Examples;
i.
Declaration of legitimacy
ii.
Declaration of nullify of marriage
iii.
Authoritative interpretation of wills

07

Administration

In this functions all those cases involve in which the court of justice undertake the
management and the distribution of the property.
Examples
Liquidation of company:- If a company winds up then in this situation, the court will
distribute shares among the partners of company.
Administration of property of deceased person:- in such case court will appoint
guardian court appoints him only for the safety and administration of deceaseds
property.

08

Title of rights

It means a procedure where right of an individual created and transferred and


extinguished.
Examples
i.
A decree of divorce or judicial separation
ii.
An adjudication of bankruptcy.
iii.
An order of discharge in bankruptcy
iv.
An order of appointing or removing trustees
v.
Vesting or charging orders
vi.
A grant of letters of administration

09

Conclusion

To conclude it is right to said that court performs two types of functions. Primary
functions of the is the administration of justice and to ensure that justice is done
whereas secondary function are actually functions of the sate but state has delegated
its powers to the Court.

Liability and its Kinds


01
Introduction

02

Definition of

Liability is the ultimatum of law. In fact this word is used to describe the condition of
a person who has a duty to perform. Liability is responsibility for on act or omission.
Whosoever commits a wrong is said to be liable for it.Liability arises from a breach
of duty which may be in the form of an act or omission.There are many kinds of
liability such as civil, criminal, penal, remedial, and constructive. Wrongdoers may be
punished by imprisonment, fine etc.
i.

Blacks Law Dictionary:

13
liability

An obligation one is bound in law or justice to perform


ii.
Salmond:Liability is the bond of necessity that exists b/w the wrongdoer and remedy of wrong.
iii.
Markby:The worked liability is used to describe condition of a person who has violated right
or acted contrary to duty.
i.
Civil Liability
ii.
Criminal liability
iii.
Remedial liability
iv.
Penal liability
v.
Vicarious liability
vi.
Absolute or strait liability
Civil liability is enforcement of the right of plaintiff against defendant in civil
proceedings. Civil liability is measured by the magnitude of wrong done
Examples:- examples of civil proceedings are an action of recovery of a debt,
restoration of property, recovery of damages, injunctions.
A criminal liability gives rise to criminal proceedings whose purpose is to punish
wrongdoer.
The criminal liability is measured by motive, intention, character of offender and
magnitude of offence consider. It may be happen in assault, defamation, theft,
malicious injury in property. When same wrong give rise to both civil and criminal
proceedings then in such situation wrongdoer may be punished by imprisonment or
he may be ordered to pay compensation to injured party.
Examples:- Imprisonment of life, death plenty and fine
If after successful proceeding, the defendant is asked to pay damages or pay a debt or
to make specific performance etc, the liability is called remedial liability
Penal liability is such liability in which punishment awards to wrongdoer for wrong.
For examples death penalty, imprisonment for life etc. Penal labiality can arise either
from a criminal or civil wrong.
Conditions: there are two conditions of penal liability
i.
Actus Rea; It is material condition of penal liability. It is physical
condition of liability
ii.
Mens REA. It is mental condition of liability. It is formal condition of
penal liability

03

List of liability

04

Civil liability

05

Criminal liability

06

Remedial Liability

07

Penal liability

08

Vicarious liability

This is such liability in which a person is made liable for the wrongs committed by
another.Usually a person is liable for his own wrong but in vicarious another becomes
liable for wrong of the wrongdoer.
Situations when vicarious liability arises
Vicarious liability occurs in two cases
i.
Master and servant
ii.
Representatives of a dead man

09

Strict Liability

It is kind of liability in which a person becomes liable whether he has committed an


offence or not or without his fault.
Nature:Law does not inquire whether guilty person has committed wrong intentionally,
negligently or innocently. It merely presumes formal conditions of the liability.
Wrong of absolute or strict liability
Mistake of law
Mistake of act
Inevitable accident
Mistake of law:
It is based on legal mexim that ignorance of law has no excuse. This wrong shows
that if a person commits or offers an account of mistake of law, then it would be no
excuse in the eye of law and he is liable to punished although he had no guilty mind
at the time of committing offence. It the duty of every citizen to get knowledge of law
of that part which is concerns to him.
Mistake of fact
Mistake of fact is good defiance but in the criminal cases but in civil law is involves
absolute liability.
Inevitable accident:
Inevitable accident is good defense or ground of exemption from liability in civil and
criminal cases.

14
10

Conclusion

Possession
01
Introduction

02

Definitions of
possession

03

Importance of
possession

04

Elements of
possession

Liability is ultimatum of law. And it is bond of legal necessity. It is ultimate object of


law because by this the wrongdoer suffers. It can be avoided. There are many kinds of
liability such as penal, strict liability and civil liability etc.

In law the possession is the physical control of a person over some material or
immaterial thing intentionally. In all cases, to possess something, a person must have
an intention to possess it. Possession means acquire, detention, taking over the right
of property or some material thing. Possession is also claim of right over something
and the person in possession enjoys its benefits. A person has possession of
something if the person knows of its presence and has physical control of it, or has
the power and intention to control it. [More than
one person can be in possession of something if each knows of its presence and has
the power and intention to control it.]
The law recognizes several kinds of possession. A person may have actual possession
or constructive possession. A person may also have sole possession or joint
possession.
A person who has direct physical control of something on or around his person is then
in actual possession of it.
A person who is not in actual possession, but who has both the power and the
intention to later take control over something either alone or together with someone
else, is in constructive possession of it.
If one person alone has possession of something, possession is sole.
If two or more persons share possession, possession is joint.
Salmond;
Possession reflects a relation of a person with a material object which a person
continues claim of its ownership and exclusively use it and enjoy all the benefits
attached with it.
Possession is prima facie evidence of title of ownership
The long possession is also sufficient proof of ownership
The person in possession is presumed to be the owner.
The first possession constitutes a good title to it.
The person in possession can enjoy the benefits of it. Possession is one of the most
important concepts
in property law.
In common law countries, possession is itself a property right. Absent evidence
to the contrary, it provides evidence of ownership. Possession of a thing for
long enough can become ownership. In the same way, the passage of time can bring
to an end the owner's right to recover possession of a thing.
In civil law countries, possession is not a right but a (legal) fact which
enjoys certain protection by the law. It can provide evidence of ownership but
it does not in itself satisfy the burden of proof. For example, ownership of a
house is never proven by mere possession of a house. Possession is a factual state of
exercising control over an object, whether owning the object or not.
Only a legal (possessor has legal ground), bona fide (possessor does not know he has
no right to possess) and regular possession (not acquired through force or by deceit)
can become ownership over passage of time. A possessor enjoys certain judicial
protection against third parties even if he is not the owner.There may be varying
degrees of rights to possession. For example, if you leave
a book that belongs to you at a cafe and the waiter picks it up, you have lost
possession. When you return to recover the book, even though the waiter has
possession, you have a better right to possession and the book should be
returned. This example demonstrates the distinction between ownership and
possession: throughout the process you have not lost ownership of the book although
you have lost possession at some point.
There are two elements of possession
i.
Corpus Possession
ii.
Animus possidendi
Corpus Possession
Complete control or complete physical control over something
possession. A person having possession must enjoy its benefits.

is called corpus

15

05

Modes of acquiring
of possession

Animus Possidendi
An intention to possess something is called Animus Possidendi. Normally, it is proved
by the acts of control and surrounding circumstances.
Thus animus possidendi have following important points
The possessor must have exclusive claim over the thing which he has possessed
The possessor must use and enjoy the possessed thing
The possessor must have intention to claim over its possession.
Possession is acquired and complete whenever there is union of two elements of
possession i.e animus and corpus.
There are three modes of acquisition of possession
By taking
It is the act of acquiring possession with or without the consent of previous
possessor.
Kinds of taking
Rightful taking
Rightful taking possession is acquired by the consent of a person already holding that
thing. E.g Shopkeeper gets the money and customer gets possession of the things.
Original acquisition
It is such possession of property where nobody claims over it as ownership or
possession. For example capturing of wild animal which does not belong to any one.
Wrongful taking
It is one which is acquired wrongfully without the consent of its previous possessor or
already who possessed it. E.g stealing of things

06

Legal consequences
of possession

07

Kinds of possession

08

Corporeal and
incorporeal
possession

09

Immediate and
mediate possession

By delivery
It is the act of acquiring possession with the consent of previous possessor. It may be
of two kinds
Actual Delivery
Actual delivery is the transfer of immediate possession from its previous possessor to
new possessor.
Constructive delivery
Constructive delivery is the mode of acquiring possession to two persons jointly.
By operation of law
This acquiring of possession takes place when court passes orders or gives some
injunctions or directions for possession. For example in the case of death of the
possession of property passes from the deceased person to his legal heirs or
representatives.
Possession is prima facie or ample proof or evidence of ownership
Transfer of possession is one of the chief modes of transfereing ownership
Long adverse possession shows title of ownership
The first possession of thing has advantage over the second possession.
Following are types of possession
i.
Corporeal and incorporeal possession
ii.
Immediate and mediate possession
iii.
Concurrent possession
iv.
Possession in fact and possession in law
v.
Constructive possession
vi.
Adverse possession
Corporal possession is the possession of a material object whereas the incorporeal
possession anything other than a material objects. Corporeal possession is commonly
called the possession of a thing and incorporeal possession is commonly known as the
possession of right.
The person who directly acquire or detain the possession of property or thing is called
immediate possession and the person who acquire things or attain its possession
through another person is called mediate possession. The other person may be agent
or servant. In such case actual possessor authorize his agent or servant to attain its
possession on his behalf. Salmond instances three types of mediate possession: firstly, that
acquired through an agent or servant; secondly, that held through a borrower, hirer, or tenant where the
res can be demanded at will; thirdly, where the chattel is lent for a fixed time or delivered as security
for the repayment of a debt.

10

Concurrent
possession

It is not actual possession. It is possession in law but no possession in fact. A person


who, although not in actual possession, knowingly has both the power and the

16

intention, at a given time, to exercise dominion or control over a thing, either directly
or through another person or persons, is then in constructive possession of it. For
example the owner of jewelry in a deposits that box with someone else but he himself
has the key to that box, he is said to be in constructive possession of it.
11

Adverse possession

12

Actual possession

Adverse possession is such possession, in which a person holds, detains or claim that
he has initially holds the land on behalf of some other person and for very long period
and no one claim of right of possession for the last 20 years or so. If adverse
possession continues peacefully for a prescribed time of period, then title of true
owner is extinguished and the person in possession becomes true owner of the land..
A person who knowingly has direct physical control over a thing, at a given time, is
then in actual
possession of it.

Sr.
No.
01

Subject

Legal rights

Introduction

Rights are legal, social, or ethical principles of freedom or entitlement; that


is, rights are the fundamental normative rules about what is allowed of
people
or owed to people, according to some legal system, social convention, or
ethical theory. Rights are of essential importance in such disciplines as law
and ethics, especially theories of justice and deontology.
Rights are often considered fundamental to civilization, being regarded as
established pillars of society and culture, and the history of social
conflictsThe purpose of administration of justice is to maintain peace, law
and order and overall the protection of rights of people or public by use of
physical force and punishing the wrongdoers or who violate or infringe the
rights. Now question arise what are legal rights. Legal rights are those which
are granted by any statute of laws. Rights are interests of the individual or
person protected by law. Where there are wrongs, there will be interests and
where there are interests, there will be rights. These rights may be moral or
legal.

02

Kinds of Rights

There are two kinds of rights


a. Moral Rights
b. Legal Rights
a)Moral Rights
A moral right is also called natural rights and such rights are recognized and
protected by rule of morality and the violation of moral right would be moral
wrongs and it is moral duty to protect the moral right.
b)Legal Rights
A legal rights are such rights which are recognized by rule of law and its
violation is legal wrong and it is legal duty to protect the legal rights.

Characteristics
legal Rights

of Legal rights are freedom of speech, freedom of movement, freedom of


worship.
These are all fundamental rights of people which are granted by state through
statue of laws.
Title holder, object, and context are essentials of legal rights.
In the legal right there are three parties first is state, second is person or
persons on whom the right confer and third person on whom duty imposes.
Legal rights are enforcing by way of damages, injunctions or we can say it is
primary functions of the courts to preserve the legal rights of citizens.
There are many kinds of legal rights such as perfect and imperfect, positive
and negative rights. There are a number of distinguishing features of rights.
Some of these are: (i)
A right is always vested in a person but not in an inanimate being or animal
or even a dead person. (ii) A right is generally correlative of a duty in relation
to the fulfillment of a right. (iii) The right must relate to a subject matter,

17

namely the objects, which in a given case may relate to a person or property,
place or a thing. (iv)The nature of a right may be to get something done from
another or to refrain him to do something.
Thus, there may be a right to get back the money lent, or to get the house
built
as per agreement, or to prevent a person to trespass upon your property. (v)
Every right can be traced to a source which may be a contract, a custom, a
natural law, etc.
4

Essentials of legal Title


rights
Title of legal right is important essential. Facts must show how right vests in
owner of right. For example if a person purchases house then he gets the title
of house now it is the duty of others to admit his right of ownership.
Title Holder
There should be a person who is owner of right. He is main role of legal
right.
Object
Object of right should be positive and effective and lawful.
Context
Context is an act which subject of incidence is bound to do or it may be a
forbearance on his part.
Subject of duty
A legal right arises against another person who is bound to perform the duty.
The duty of one person is the right of other person.

05

Kinds of legal rights

Perfect and imperfect:Perfect rights are enforceable through court action but imperfect rights are
not.Perfect right arise in case of perfect duty and imperfect right arise in case
of imperfect duty. Perfect right is recognized by law and imperfect does not
recognize by law.
Positive and negative:Positive right arises in case of positive duty and negative right arises in case
of negative duty. Philosophers and political scientists make a distinction
between negative and
positive rights (not to be confused with the distinction between negative and
positive liberties). According to this view, positive rights permit or oblige
action, whereas negative rights permit or oblige inaction. These permissions
or obligations may be of either a legal or moral character. Likewise, the
notion of
positive and negative rights may be applied to either liberty rights or claim
rights, either permitting one to act or refrain from acting, or obliging others
to act or refrain from acting. Rights considered negative rights may include
civil and political rights such as
freedom of speech, private property, freedom from violent crime, freedom of
worship, habeas corpus, a fair trial, freedom from slavery and the right to
bear
arms. Rights considered positive rights, as initially proposed in 1979 by the
Czech jurist Karel Vasak, may include other civil and political rights such as
police protection of person and property and the right to counsel, as well as
economic, social and cultural rights such as public education, national
security, military, health care, social security, and a minimum standard of
living. In the "three generations" account of human rights, negative rights are
often associated with the first generation of rights, while positive rights are
associated with the second and third generations.
Real and personal
A real right corresponds to a duty imposed upon person in general and this
right is available against the whole world. For example right of possession is
a real right and right of ownership is real right. Personal right corresponds to
a duty imposed upon determinate individual and this right is available only
against a particular person.
Rights in rem and rights in personam
Rights in rem are rights against the whole world. For example right of
possession or ownership. Rights in personam against the specific persons
who has violated some offence. For example murder, false imprisonment etc

18

Proprietary and personal


Proprietary rights are those rights which are associated with property or
wealth. These rights are economic value. For example rights of loan and
good will. Personal rights are not economic nature but they are of social
types. For example right of freedom and speech. Proprietary Rights are
rights in relation to ones own property, which consists of things, assets,
belonging in possession and ownership rights of a person or entity. The
personal rights are relating to the body of the concerned person which may
affect his /her character, liberty, and status in the society.
Inheritable and inheritable
Inheritable rights are those rights survives its owner e.g proprietary rights are
the inheritable rights. Inheritable rights cannot transfer to legal heirs. For
example personal rights of deceased person cannot transfer to the legal heirs.
Rights in properia and in re aliena
Rights of owner his own property know as right in re properia. Right in re
aliena in such right which limits from some more general right belonging to
some other person.
Principal and accessory
These rights which exist independently called principals rights and accessory
rights does not exist independently.
Public and private
Public rights are those rights which possess by every member of public e.g
right to vote. Private right is such right which enjoy by individuals.
Vested and contingent
Vested right is right in respect of which all events necessary to vest it in the
owner. Continginent rights are such rights which depend on happening and
not happening of a future event. No time is specified as to when it is take
effect or2) According to the terms thereof it is take effect
immediately 3) It is to take effect on the happening of an event which must
happen Death of transferee before possession does not divest a vested
interest. There is no presumption against a vested interest by reason of : a)
The enjoyment having been postponed to a future date, or b) A prior interest
is given or reserved to another in the same property, or c) Income is to be
accumulated till the arrival of the date of enjoyment, or d) The interest is to
pass to another on the happening of a particular event
Section 21
Contingent Interest Scope of application On a transfer of property an interest
is said to be contingent when it is take effect only if a specified uncertain
event a)Shall
happen, or b)Shall not happen Scope 1. On transfer in case a specified
uncertain event shall happen does not vest until the event happens. 2. On
transfer in case
a specified uncertain event shall not happen does not vest until the happening
of that event becomes impossible. 3. In either case until a condition has been
fulfilled the interest is contingent. Vested Contingent Not dependent upon
happening or not happening of any uncertain event. Enjoyment of property is
dependent on happening or unhappening of some uncertain event. Vesting
may
depend on happening of certain event. Transfer is conditional. Transfer is not
subject to any uncertain conditions. When condition fulfilled transfer is
complete. No uncertainty in vesting. So long the condition is not fulfilled it
is
contingent as soon as the condition is fulfilled
- it becomes vested.
Vesting present enjoyment may remain postponed. The transfer with no
present
enjoyment.
Transfer is subject to fulfillment of conditions.
There is uncertainty in the right of enjoyment
Right of enjoyment may remain postponed.
Vesting - future.
Municipal and international
Municipal rights are granted by municipalities of big cities whereas
international rights are enforced by international law.
At rest and in motion

19

When a right is studied with reference to its orbit and its infringement, it
would be called at rest.
Ordinary and fundamental

06

Extinction of rights

Servient and dominant


Legal and equitable
performance; when rights or obligations has been performed
agreement:- when parties are on agreement
impossibility to perform
death
operation of law; when the law or court has passed orders to peform
time period; when time period or limitations act passed or time barred right

Ownership
01
Introduction

02
03

Meaning of
ownership
Definitions of
ownership

04

Essentials of
ownership

05

Characteristics of
ownership

06

Theories of ownership

07

Modes of acquiring of
ownership

Ownership means collection of rights to use and enjoy the property including right to
transfer, sell and dispose off. The idea of ownership develop with the growth of civilization
when human beings started plantation, vegetation, cultivation and building their homes.
Power of transferring, disposing and selling are elements of ownership. Ownership can be
acquired by original and derivative way. Trus and beneficial ownership, legal ownerhip and
equitable ownership are some of its kinds.
Ownership means collection of rights to use and enjoy property inclufing right to transit it to
others.
Salmond:- ownership means the relation between a person and right vested to him.
Austin:- ownership is a right indefinite in point of user, unresisting and unlimited in point of
duration.
i.
Indefinite is point of user:- this element shows that owner is at liberty to use the
property in any way he like. He is no under any obligation or no one can
interfere. This right of ownership does not terminate even with his own death. In
case of his death, the property and all benefits associated with it transfer to legal
heris.
ii.
Unrestricted in point of disposition
The owner can disposed of , sell it , transfer it , gift it to any one or even destroy
iii.
Unlimited in point of duration
It means the owner can retain property as long as he wished till death and can
enjoy all the benefits associated with it
iv.
Right to posses
Ownership means real possession or actually owned
v.
Right to exhaust
It the property is perishable or exhaustible or consumable, he can do them.
vi.
Residuary character
It means all the easement of rights attached with that property, he (owner) can
enjoy
i.

The rights of ownership is limited or restricted subject to paying taxes and other
dues chargeable on property
ii.
The owner cannot exercise the right of ownership by infringing right of others
iii.
Owner cannot transfer his property to defraud hi creditors.
iv.
Ownership does not terminate with the death of owner
v.
The right of ownership become limited or restricted during natinalemergency or
contry at war.
There are two theories of ownership
i.
Ist theory describes that ownership is a relation which subsist between a person
and that thing which is object of owner.
ii.
2nd theory prescribes that ownership is realtion between a person and a right
that is vested in him
There are two modes of acuquistion of ownership
Derivative and original
Derivative
It means coming from another. This way has not its origin itself.
Original
Original ownership may be acquired by long and continousous and undisputed possession of
a thing as a owner. The principle of adverse possession works in this connection.
There are three modes of original mode of acquisition
I.
Absolute
Ownership is absolute when the same is acquired over previously owneries

20
objects.
Extinctive
Ownership is extinctive if ownership of a previous person is finished on account
of adverse possession by the acquirer.
III.
Accessory
Ownership is accessory if the ownership is acquired as result of accession.
II.

08

Kinds of ownership

09

Conclusion

EVIDENCE
01
Introduction

02

Meanings

03

Definition of
Evidence

i.
Corporeal and incorporeal
Corporeal ownership means ownership of a material subject e.g ownership of house or car. It is
ownership of the tangible things. Things can be perceived and can be felt. Incorporeal
ownership means ownership of right e.g debt, good will . the things cannot be perceive and
intangible.
ii.
Sole and co-ownership
If the right is vested in single person then such ownership would be sole ownership
wherase if there are more than one person having owner is called co-owners and such
ownership is called co-ownership e.g partnership
iii.
Equitable ownership
Equitable ownership is such ownership which proceeds from rules of equity e.g A
debt sign by X to Y, X remains legal owner of it but here Y becomes its equitable
owner. Equitable rights are rights in personame.
iv.
Vested and continengent ownership
If the title of owner is already perfect then such ownership would be vested
ownership. E.g A makes a gift to B for life and then to C. Here possession on basis of
gift is postponed during the intervention of a prior interest in favour of B, but
nevertheless C has vested right.
Contingent ownership
It means such ownership in which title of owner is yet imperfect and its perfections
depends upon the fulfilment of condition. A says to B that when yhou shall become a
doctor, I shall give you a Car.
v.
Absoulute ownership and limited ownership
Absoulute ownership has all rights over a thing vest to owner. E.g A is absoultue
owner of a house but cannto use it for gambling
When owner has limited rights such ownership known as limited ownership. E.g life
tenancy is its example because in it estate hold only for a life.
vi.
Trust and Beneficial ownership
In trust and beneficial ownership relation b/w two owners is such that one of them is
under an obligatiohn to use his ownership for benefit of others. The former is called
trustee and later called beneficiary. For example if a property is give to Y on trust for
Y then X would be trustee and Y would be beneficiary. X would be legal owner and
aY would be befinficial owner.

Evidence is information upon which court decides the balance of convenience for particular fact or set of
facts.Evidence means and includes all statements that a court requires by a witness. All the documents
which a court requires to prove a cases fact and to see what is truth and what is false. When a dispute,
whether relating to a civil or criminal matter, reaches the court there will always be a number of issues
which one party will have to prove in order to persuade the court to find in his or her favour. The law
must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be
regarded as trustworthy. The law of evidence governs the use of testimony (e.g., oral or written
statements, such as an affidavit) and exhibits (e.g., physical objects) or other documentary material
which is admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or
administrative proceeding (e.g., a court of law). All questions of fact are answered by the evidence.
Literal sense
The proof of question of fact. The material subject of the case is called evidence
Legal sense
Something that tends to prove and disapprove the existing of alleged fact
Salmond
Evidence may be defined as any fact which possesses probative force. One fact is evidence of another
fact
Phipson:- evidence is the term used in judicial proceedings in order to find true aspects of the case or
inquiry.
According to QSO 1984 Article:- Evidence means and includes all statements which the court permits

21

04

Modes of evidence

05

04

Distinction
between proof and
evidence
Kinds of evidence

05

Rules of evidence

06

The probative
force of evidence
Rules of probative
force of evidence

07

08

or requires to be made before it by witnesses, in relation to matters of fact under inquiry.


Oral evidence
The evidence which are made by a witness before court of law thourgh oral statment is called oral
evidence.
Documentary Evidence
All documents which are exhibited for proof and inspection are called documentary evidence.
Real evidence
The material objects which are produced before the court in course of judicial proceedings are called real
evidence
Proof consists of all immediate and mediate facts which tends to convince the mind about the truth or
falsehood of the case whereas evidence is the medium of proof. Just like evidence is bricks, cement or
other materials and proof is house.
There are two kinds of evidence. Judicial and Extra-Judicial.
1. Judicial evidence
Judicial evidence is that which is produced before the court. It consists of all facts which are
brought into the knowledge of court. It may be either oral, testimony, oath, pledge, documents
produced before the court.
2. Extra-Judicial
Extra judicial evidence consists of facts and not directly proved in the court.
3. Personal evidence
It includes all kinds of statements by a witness. Personal evidence may be oral or written. It
may be judicial as well as extra judicial.
4. Real Evidence:
Any evidence which is believed to be true for any other reason is called real evidence
5. Primary evidence
Primary evidence is the immediate evidence for the question of act. For example document is
primary evidence.
6. Secondary evidence
Secondary evidence requires which may be given in the absence of better of evidence which
the law requires to be given first.
7. Direct evidence
Direct evidence is testimony relating immediately to the principle fact. It is the evidence of fact
perceived by a witness his own senses
8. Circumstantial evidence
It is such evidence which relates to a series of other facts than the fact in issue, but which is
closely related with that fact.
9. Original evidence
Original evidence is that which is independent of probative force of its own e.g witness with his
own eyes or ears.
10. Hearsay evidence
Hearsay evidence is which is not perceived by a witness with his own senses but by some other
person.
General rule:- there is no role of hearsay evidence in QSO Article 17.
Rules of best evidence is that evidence which is of the highest quality available, as measured by the
nature of the case rather than the thing being offered as evidence. For example original document rather
than the photo copy. This is base on maxim Res Ipsa Loquitar i.e things must speaks itself.
The probative force of evidence is that every evidence is an evidence of different effect
Conclusion, conditional, insufficient, exclusive, facts which are not evidence
i.
Conclusive
It means the acceptance and recognition of fact by law as conclusive proof. It consists of
facts which have such probative force that they cannot be contradicted.
ii.
Conditional
It means such proof which may be considered insufficient, if there is no proved fact to the
contrary.
iii.
Insufficient
If law prescribed a certain amount of evidence to be absoulutely necessary and evidence
produced does not come up to the necessary standard.
iv.
Facts which are not evidence
There are certain facts which have absolutely no probative force at all. They can neither
produced in the court acted upon.

Conclusion

Law of property, definition and its kinds and acquisition of property


01
Introduction
The substantive civil law has three main parts i.e law of property, law of obligations and law
of status. Here we discuss its first part i.e law of property. In modern times, the law of
property includes all kinds of rights associated with person including his rights of life,

22

02

Concepts of property

03

Kinds of property

04

Modes of acquisition of

reputations, liberty and all other claims which he might have against all other persons.
Following are concepts of property
i.
All legal rights
Salmond says property includes all personal legal rights of what ever
descriptions in its widest sense
ii.
Concept of proprietary rights
Proprietary rights includes all persons rights associated or attached with his
property. In this sense, a mans chattels, land, shares and all the debts due to him
are his property but do not include his personal rights such as reputation, life or
liberty.
iii.
Concept of Proprietary rights in rem
According to this concept it includes all rights of property except free hold
property, leasehold property, debt or benefit attached to the property
iv.
Concept of corporal property
According to this concept property includes only materialistic or physical things
or object.
Following are kinds of property
i.
Corporeal and incorporeal property
Corporal property has its existence and its ownership and they are visible and
tangible.
e.g land, houses, money, ornaments, gold etc
incorporeal property have no physical existence and they are invisible and
abstract from
e.g logo, title, intellectual property, brand name etc.
ii. moveable and immovable
Corporeal property may further divided into movable and immovable property. In englsih law
moveable are called chattels and immovable called land.
Salmond says immoveable property must have following elements
a. It must some portions of earths surface.
b. The ground beneath the surface down to the centre of the earth.
c. The space above the earth
d. All objects attached to the earth whether natural or unnatural.
e. All objects placed on that piece of earth e.g walls, doors, bricks etc
i.
Real and personal property
Real property is recoverable in a real action while personal property is that
which is recoverable in a personal action.
ii.
Rights in re properia in immaterial things
Following are immaterial things
Patents, copy rights, literary copy rights, logo, trade mark, brand name, artistic copy right,
commercial good will.
iii.
Right in re aliena
These are rights of property which is in possession of other person rather its
actual owner
e.g
a. Lease of land
actual owner of the property transfer the right to another person called lessee for some
period of time
b.servitudes
the limited use of land without having its possession e.g right of way or access or easement
right
c.securities
Security is kind of advance/ deposit of material things vested in a creditor over the property
of his debtor for the purpose of recovering his debt.
There are two kinds of securities
i.
Mortgages
When immoveable property is secured to another for obtaining debt,
consideration or transactions is called mortgages, if the property is moveable it
is called pledge.
ii.
Lien
Lien mean right to detain or retain any thing or object which belong to other
until certain demands fulfilled
c.trusts
Trust is a kind of re aliena. In trust the ownership of property is limited. The owner only can
dealt to the extent that benefits enjoy by the other.

i.

Possession

23
property
ii.

iii.

I.

05 Modes in which property


may be divest

PERSON
01
Introduction

02

Definition of person

03

Kinds of person

04

Legal status of lower


animals

05

Legal status of unborn


persons

06

Legal status of dead person

07

Double personality

The possession of a material object is a title to the ownership of it by possessing


a material object.
Prescription
Prescription means continuous possession and no one claim against that
possession. It is the operation of time as vestitive fact.
Agreement
Agreement is an expression by two or more person communicated to each other
under common intention to create legal relationship between them.
Inheritance
A right is inheritable when its real owner dies, all rights or property transferred
to its real or legal heirs or according to will of deceased person.
Following are modes in which property is divested or extinguished.
a. By contract or sale
b. By giving in trust
c. By operation of law
d. By forfeiture or attachment or acquisition under the law.

Law takes all human beings as person who has rights and duties towards each other but in
broader term all kind of institutions, organizations, firms, partnership or associations are also
considered as person in their individual capacity and being a separate legal entity or identity.
Person is also kind of unit which has claims, duties, liberties and obligations.
Salmond
Person is any being whom the law has given rights and duties. Any being which is capable to
perform duties and enjoy the rights are called person whether human being or not.
Gray
A person is separate entity to which rights and duties may be attributed
There are two kinds of person
i.
Natural person
ii.
Legal person
i.
Natural Person
A natural person is a human being which is capable of rights and duties.
They may be person in fact or persons in law.
ii.
Legal person
Legal persons are being real or imaginary whom the law has recognized
or his authority has been recognized in the same way as that of human
beings. They are persons in law but not in fact.
Kinds of legal persons
There are three kinds of legal persons
a. Corporations
A corporation is a group or series of person which are recognized by law and treated
as person.
b. Institutions
Institutions are legal persons created for accomplishment of some legal, social,
political or economic purpose. E.g university or church
c. Fund or estate
To run corporations or institutions funds are corpus person e.g charitable fund or trust
estate
According to salmond only human beings are person and beasts are not persons because they
dont have natural or legal rights. They are merely things or objects. However law in some
countries have recognized their separate entity and they have legal rights as law has granted
them.
For example cruel treatment to the animals is a criminal offence
Unborn persons have some legal rights. Law does not prevent a man from owing property
before he is born. His ownership is real and present ownership but it is contingent until he or
she born.
In law dead person are things and not persons and they have no rights. However dead person
has some rights such as he may be buried in respect and honor and his will may be honoured.
He may not be defamed or his reputation may not be defamed through libel. His left property
may be distributed among his legal heirs according to law or according to his will.
There are persons who have double personality in different set of circumstances. Sometime he
acts as in personal capacity and sometimes acts as official or judicial capacity.

24

Kinds of precedent
Original precedent
i.
1. Such precedents
establish original or new rules
of law
ii.
2. Original precedent
creates a new principle of law.
iii.
3. Their numbers are
very small but their importance
is very good.

Declaratory precedent
1.
1. Such
precedents re-affirm an
already existing rule of
law.
2.
2. Good source
of law.
3.

Persuasive precedent
1.
1. Such precedents
upon which the judges are under
no obligation to follow but only
they take into consideration.
These are historical source of
law
2.
2. Historical source of
law and have no legal effects.
3.
E.g. judgements of
foreign courts and experts view

Authoritative precedent
1.
1. Such precedents which
the judges must have to follow
without question
2.
2. Important legal source
of law.
3.
3. There are two kinds of
authoritative precedents
4.
a. Absolute authoritative
precedent.
5.
The precedents which
have to be followed by the judges
even if they dont approve of them.
These decisions are absolutely
followed.
6.
B. Conditional
authoritative precedent
7.
The precedents which are
normally binding upon the court but
court may or may not follow.
8.
Example
9.
A decision give by double
bench is more authoritative than
single bench.
10.
11.

Factors which reduce binding authorities


1. Abrogated decisions
The decision or precedent of lower courts abrogated by the higher courts. For example the precedent of high court may be
abrogated by the Supreme Court.
2. Split decisions
When the decisions is divided among the judges and there is no unanimous decision among judges, it binding force will be
reduce.
State vs Zulfiqar Ali Bhutto
3. Reversal or affirmation on a different ground
Precedents or judgement which the lower court reverses on different points of view.
4. Inconsistency between earlier decision of same rank courts
A court is not bound by its own previous decision that is in conflict with one another.
5. Erroneous decisions
Such precedents which have basic errors or which conflict with basic or fundamental principles of common law.
6. Ignorance of statutes
Such precedents are agisnt the basic statues law and loses its binding force.
7. Decisions not followed for a long time
Though lapse of time does not extinguish precedent but reduce its binding force if not followed by long time.
8. Decisions of equally divided courts
All such decisions where tie of judges decisions come across also loses their binding force.
9. Decision based on compromise
If both parties make compromise outside of the court and there is no argument in the case and such decisions or precents lose
its authority.
10. Decisions which create anarchy
Those decisions which create anarchy in the state or citizens
11. Decisions which create injustice
If the decisions are not based on justice it will weaken the binding force of a precedent.
12. Decisions which badly criticized
Criticised by jurist/ lawyers / students of law or public
13. Decisions given in haste by summary proceedings
14. Decisions based on doubts or uncertain.
15. Ex-parte decision
Factors which enhance the binding force

25
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Unanimous decision BB Vs Federation of Pakistan


Affirmation by superior courts
A decision made by high courts and affirmed by supreme courts
Participation of eminent judges
Support by enacted law or codified law.
Decisions made on learned arguments and reasoning and possess scholarly angles add to the value of precedent.
Absence of criticism and hesitation and followed by other courts.
Decisions which are without ambiguity
Approval of the earlier decisions of superior courts
Approval of the earlier decisions of same rank courts.
Fully argued decisions.
Appreciation by the people
Fully contested case
Frequently followed.
Number of judges full bench than single bench.
Eminent lawyers
Lapse of time
Merits of Precedents
1. Proper interpretation of statutes
Precedents interpret the statues and its principles
2. In harmony with the law
3. Practical law
4. More flexible
5. More concrete
6. Best preparation for statutes law
7. Review of social law
8. Basis of common law
9. Scientific development of law.
10. Natural means of getting justice
11. certainty
12. easily understandable
13. Creates confidence in the minds of litigants.
14. Provide better results
Demerits
1. Uncertain and unknown and require great efforts for lawyers to search them.
2. They are undetermined
3. They are complicated
4. They are less accessible
5. Clash with logical interpretation of law
6. No test of validity
7. Confusion in selection
8. No abrogative power
9. Made in haste
10. Not comprehensive
11. Causes inconvenience
12. Judges mistakes cannot be set right.