ABDUL WALI KHAN UNIVERSITY,

MAIN CAMPUS,
MARDAN
DEPARTMENT OF LAW

CURRICULUM
LL.B (5-Year) PROGRAMME
ITALIC

COMPULSORY COURSES:

11

Cr. Hrs

33

NORMAL =

GENERAL / SUPPORTIVE

07

Cr. Hrs

21

BOLD

LAW COURSES

37

Cr. Hrs =

TOTAL CREDIT HOURS:

165

YEAR-1
SEMESTER I
Module
Code
Law 211
Law 212
Law-213
Law 214
Law 215
Law 216

Module Title

Credits

ENGLISH-I
PAKISTAN STUDIES
SOCIOLOGY
FUNDAMENTALS OF ECONOMICS
INTRODUCTION TO LAW
SKILLS DEVELOPMENT-I

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

111

SEMESTER II
Module
Code

Module Title

Credits

Law 217
Law 218
Law 219
Law 220
Law 221
Law 222

ENGLISH-II
ISLAMIC STUDIES / ETHICS
POLITICAL SCIENCE
LEGAL SYSTEM OF PAKISTAN
HISTORY (SOUTH-ASIA)
SKILLS DEVELOPMENT-II

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

POLITICAL SCIENCE
Credit Hours: 3 Per Week

Course Code: Law 219

A.
Political Science Meaning & Scope
(a)
Political Science Definition
(b)
Importance, Scope and utility of political science
(c)
Political Science and Law Critical Analysis
(d)
Is Political Science really a Science or Art?
(e)
Relation of Political Science with:
i. History ii. Sociology iii. Economics iv. Jurisprudence & Law v. Ethics & vi. Geography.
B.
(1)

(2)

C.
(1)

(2)

D.
(1)

(2)
E.
(1)

The State Its Origin

(a)
The State Definition
(b)
Elements of the State
(c)
State and i. Government ii. Society iii. Associations
Origin and Evolution of the State Theories
(a)
Theory of Divine Origin
(b)
Theory of Force
(c)
Patriarchal Theory
(d)
Matriarchal Theory
(e)
Theory of Social Contract
(f)
Evolutionary or Historical
Theory
Sovereignty
(a)
Sovereignty Definition
(b)
Characteristics of Sovereignty
(c)
Kinds of Sovereignty
(d)
Theories of Sovereignty
(a)
Islamic Concept of Sovereignty
(b)
Khilafat
Rights & Duties
(a)
Rights Definition
(b)
Classification of Rights
(c)
Universal Declaration of Human Rights
(d)
Islamic Concept of Rights
(a)
Duty Definition & Meaning (b)
Kinds of Duties
Forms of Governments
(a)
Dictatorship Meaning, Main features, Advantages and Disadvantages.
2

(2)
(3)
F.
(1)
(2)

(3)
(4)
(5)
(6)

G.
(1)
(2)

(a)
(c)
(a)

Demoracy Definition
(b)
Kinds of Democrary
Condition for Democracy
(d)
Merits & Demerits of Democracy
Aristocacy Meaning, Characteristics, Advantages and Disadvantages.

Systems of Governments
(a)
Unitary Meaning, Merits and Demerits
(a)
Federal System Definition
(b)
Condition necessary for Federation
(c)
Characteristics and Features of Federation
(d)
Advantages and Disadvantages
Comparison of Unitary and Federal system
Parliamentary form of Government Meaning, Unicameral & Bicameral, Merits and Demerits.
President system of Government Nature, Merits and Demerits
Comparison of Parliamentary and president systems.

The Branches of Government

Theory of the Separation of Powers
Branches of the Government:
(a)
The Executive (b)
The Legislature
(c)
The Judiciary

YEAR-2
SEMESTER III
Module
Code

Module Title

Credits

Law 223
Law 224
Law 225
Law 226
Law 227
Law 228

ENGLISH-III
LOGIC AND REASONING
ISLAMIC JURISPRUDENCE-I
LAW OF TORTS
LAW OF CONTRACT-I
RESEARCH METHODS

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

ISLAMIC JURISPRUDENCE I
Credit Hours: 3 Per Week

1.
2.
3.
4.
a.
b.
5.
a.
b.
c.
d.
6.
7.
8.
9.
10.
11.
12.

Course Code: Law 225

Customs and usages in Arab before Islam

History of the growth of the Muslim legal system
Various Schools of Islamic Law
Sources of Law
The Quran and the Traditions
Ijma and customs
Juristic Deduction
Qiyas or Analogy
Istehsan or Juristic Equity
Istedlal
Ijtehad and Taqlid
Acts, Rights and Obligations
Legal Capacity
Ownership and Possession
Constitutional Law
Muslim International Law
Law of Contract
Islamic Law of Crimes and Torts

The following books may be added to the reading list:

1. The early development of Islamic Jurisprudence by Ahmad Hassan.
2. A History of Islamic Law by N J Coulson.
3. Islamic Jurisprudence by Imran Ahmad Nyazee.

LAW OF TORTS
Credit Hours: 3 Per Week

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

Course Code: Law. 226

Definition of Tort
Difference between Tort and Crime; Tort and Breach of Contract
Essentials of Tort
Personal Disabilities
Discharge of Tort
Exceptions of Tort
Master and Servant
Remedies
Measurement of Damages
Remoteness of Damages
Defamation Essential of Libel and Slander, Defences
Negligence and contributory Negligence
Nuisance; Public Nuisance and Private nuisance
Malicious Prosecution
Fraud and Misrepresentation
Assault, Battery and Malice
Wrongful Confinement
Subrogation

Books Recommended
1.
Windfield on Torts.
2.
R.K. Kapoor on Law of Tort.
3.
Salmond on Torts.
4.
A M Chaudhry on Law of Torts.
5.
Law of Torts by Underhill.

LAW OF CONTRACT I
Credit Hours: 3 Per Week

Course Code: Law 227

Objectives:
A study of the general principles of contract, essentials of contract the rules governing the performance
breach and consequences thereof, specifically contracts of indemnity, guarantee, bailment and Agency.
Contract in General

Definition

Offer and acceptance

Communication

Revocation

Terms of contract

Voidable contracts and void contracts

Void agreements

Contingent contracts
Essential of a Valid Contract

Agreement

Competency

Free consent

Lawful consideration

Lawful object
Consideration

Elements of consideration

Kinds of consideration

Exceptions
Matters of affecting the validity of a Contract

Coercion

Undue influence

Fraud

Misrepresentation

Mistake

Forbidden by law

Wagering

Void agreements
Performance of Contract

Mode of performance
a.
Performance of contract (actual and otherwise)
b.
Time and place of performance
c.
Performance of reciprocal performance
d.
Manner of performance
e.
Contracts which need not be performed
f.
Assignment of contract
g.
Assignment of liability and Right
h.
Discharge by Agreement
i.
Remission of performance
j.
Extension of time
Breach of Contract and Consequence thereof
Meaning
6

Option of the agreed party

Total and partial breach
Remedies
Damages General and Special
Measure of damages

Quasi Contracts

Rationale

Conditions of liability

Payment made under mistake of fact and voluntary payments

Text Books:
1.
The Contract Act (IX of 1872)
2.
Ansons Law of Contract
3.
Law of Contract by Cheshire and Fitfoot
Reference Books:
1.
Law of Contract by Avtar Singh
2.
The Contract by D.F. Mullah
3.
Law of Contract by V.G. Ramachandhraw
4.
Principles of Contract by Sajid Qureshi
5.
The Contract Act by M.A. Mannan

SEMESTER IV
Module
Code

Module Title

Credits

Law-229
Law-230

3 Cr. H

Law-231
Law-232

HUMAN RIGHTS LAW

CONSTITUTIONAL LAW-I
(COMPARATIVE)
LAW OF CONTRACT-II
ISLAMIC JURISPRUDENCE-II

Law-233

COMPARATIVE RELIGIONS

3 Cr. H

3 Cr. H
3 Cr. H
3 Cr. H

HUMAN RIGHTS LAW

Credit Hours: 3 Per Week

Course Code: Law 229

AIM & OBJECTIVES

Human Rights Law is a distinct area of law and raises a number of challenging questions for lawyers: How can
international human rights standards be implemented across diverse cultures, nations, religions,
economic systems? What rights and responsibilities does the individual have under international law?
What is the relationship between State sovereignty and human rights? These questions are a matter of
concern not only to international lawyers but also to all those interested in understanding the difficulties
that arise in protecting human rights at an international level.
Part One of the Human Rights course introduces students to the international system for the protection of
human rights, as developed through the United Nations system post-1945. Students are introduced to
the theoretical and practical problems that arise when attempting to enforce international standards for
the protection of human rights.
Course Contents
1. Historical Development of International Human Rights Law 34
2. The Normative Framework of International Human Rights Law: the UN System for the Protection of Human
Rights
3. Regional Systems for Human Rights Protection:
Inter-American System
African Charter of Human and Peoples Rights
European Human Rights System
A regional human rights approach to human rights in Asia?
4. Universalism and Cultural Relativism: Contemporary Debates
5. Human Rights in Islam
Selected Topics
1. The Death Penalty in International Law
2. The right to the highest attainable standard of health
3. The Prohibition of Torture in International Human Rights Law
4. Racism and International Law: The UN Convention on the Elimination of All Forms of Racial
Discrimination: Racism and International Human Rights Law
5. Discrimination Against Women and International Human Rights Law
8

6. The Rights of Refugees in International Law

7. Childrens rights in International Law
8. Terrorism and Human rights
9. The International Criminal Court
Recommended Textbooks
Rehman J International Human Rights Law (Longman: 2002).
Alston and Steiner International Human Rights in Context: Law, Politics and Morals, Oxford: Oxford
University Press, 2000 (2nd edition).
Blackstones International Human Rights Documents (4th ed.) 2004 (for exam use)
Other useful readings
Robertson G, Crimes against humanity: the struggle for global justice (2nd ed. 2002).
Harris D J, Cases and Materials in International Law (5th ed.) chapter 9.
Human Rights Watch: World Report 2003/4 (NY: Human Rights Watch),
available online http://www.hrw.org
Amnesty International World Report http://www.amnesty.org
Cassese A, International Law (2002), ch.16.
Charlesworth and Chinkin, The Boundaries of International Law (2000)
ch.7.
Periodicals
Human Rights Quarterly
International and Comparative Law Quarterly (ICLQ)
American Journal of International Law (AJIL) 35
International Legal Materials (ILM) (includes international legal instruments and case reports)
Harvard Human Rights Journal (available on LEXIS - NEXIS)
Columbia Journal of Human Rights Law (available on LEXIS -NEXIS)
Reports, Judgments and Advisory Opinions of the International Court of
Justice, ICJ Reps, Q+1, also available at http://www.icj-cij.org
RECOMMENDED WEBSITES
UN resources
http://www.un.org (United Nations)
http://www.un.org/rights (United Nations, Human Rights)
http://www.unhchr.ch (Office of the UN High Commissioner for Human Rights)
http://www.unhchr.ch/data.htm (Data search on UN human rights documents,
both treaty-based and charter-based)
http://www.unhcr.ch (UN High Commissioner for Refugees)
Non-Governmental organizations
http://www.hrw.org (Human Rights Watch, an international non-governmental organisation)
http//www.amnesty.org (Amnesty International)
Other links
http://www1.umn.edu/humanrts/ (University of Minnesota Human Rights Library)
http://irlgov.ie/iveagh (Irish Govt, Dept of Foreign Affairs, Human Rights Unit - Click on Human Rights
under Policies. This site includes links to both international and national human rights websites)
http://www.iccl.ie (Irish Council for Civil Liberties)
http://www.nihrc.org (Northern Irish Human Rights Commission includes excellent links to other human
rights internet resources)
http://www.umn.edu/humanrts/index.html (University of Minnesota, Human Rights Library and Database,
excellent research resource)
9

http://www.asil.org (American Society of International Law. The Guide to Electronic Resources available at
this site includes an annotated guide to human rights internet resources) 36
RECOMMENDATIONS
1. The Committee propose 21 courses for three-year LL.B programme (7 courses for each year) instead of
existing scheme of courses that is 20 courses.
2. The meeting unanimously resolved that the Pakistan Bar Councils Affiliation of Private Law Colleges
Rules be adopted forthwith. In this respect the Higher Education Commission is requested to exercise
its powers under Section 10(d) of the Higher Education Commission Ordinance, 2002 for its immediate
adoption and implementation by all universities imparting legal education.
3. The Committee noticed the deteriorating standards of teaching and research in universities in the subject of
Law and strongly proposed to establish a Centre of Excellence in Law at National Level with its
focus on quality research. The HEC is requested to examine the proposal and take necessary measures in this
regard.
4. To conduct Training/Refresher Courses for the proposed new areas with the support of the HEC Human
Rights, Environmental Law.
5. To allow Non-practicing allowances to whole-time University Law Teachers as per recommendations of the
Justice S.A. Rehman Commission (1958-59).
6. To appoint full-time Law Teachers in all Law Colleges/Law Faculties.
7. To provide proper facilities/scholarships to Law teachers to improve their qualifications.
8. To commence morning-classes in all Law Colleges/Faculties.
9. It is desirable to have Entry Test for admissions to Law Colleges.
10. The Committee felt the need of a forum of law-teachers at the National Level for smooth functioning and
coordination between various institutions.
The NCRC requested the HEC to reprint some of the recommended books for different courses: through
National Book Foundation, which are not available in the market.

10

CONSTITUTIONAL LAW I
Credit Hours: 3 Per Week

Course Code: Law 230

Objective:
A study of basic features of political and constitutional thought in Islam and analysis of the
constitutional principles of the British and American constitutions.
I.

Principles of State and Government in Islam:

Basic features of the political and Constitutional thought of Islam
Characteristics of an Islamic State
Objectives of an Islamic State
Authority and Shura in Islamic State
Legislature, Executive, Judiciary and other institutions.

II.

Principles of British Constitution:

Salient features of the British Constitution.
Difference between constitution and constitutional law.
Sources and nature of the British constitution.
Separation of power. How for it is presented in British constitution.
The Rule of Law.
Parliamentary Supremacy
British Constitutional (Crown)
British Cabinet
British Parliament
Privileges of the Parliament
Fundamental rights
Liberty of Expression
Judiciary
Local Government
Political parties

III.
Constitution of United States

Brief History of Conventions leading to the passing of American

Constitution

Important Characteristics / Salient Features

Human rights Bill Civil Liberties

Ratification of the Constitution

Congress, Its two Hourss Legislature Procedure

Senate and effectiveness of its control

Separation of powers

President His election, powers and checks on them

i.
Judiciary its role in the development of constitution
ii.
Judiciary as Champion of Civil Liberties

Rigidity Procedure of amendments

Text Books:
1)
Principles of State and Government in Islam by Muhammad Asad
2)
The English Constitution by Begehot
11

3)
4)
5)

The govt. of U.S.A by Munro

The American Political System by Brogan.
Islamic State of Syed Abul Ala Moududi.

Reference Books:
1)
Law of Constitution by Diey
2)
The American Presidency by Lasaki
3)
Modern Constitutional Law Cases and Notes by ronal D. Rotunda
4)
The Government of England by Lowell

12

LAW OF CONTRACT II
Credit Hours: 3 Per Week

Course Code: Law 231

Objective:
A study of different provisions of the Sale of Goods Act 1930 and Islamic Law of Sale with reference
to contract of sale, conditions including warranty and lien and breach of contract.
I.
Indemnity & Guarantee

Meaning

Rights of indemnity holder

Consideration of guarantee

Rights and liabilities of surety

Revocation of contingent guarantee

Discharge of surety

Release of surety

Right and liability of co-sureties

Rights of surety on payment or performance

Defenses of surety
Bailment & Pledge

Meaning

Rights and liabilities of bailor and bailee

Rights of finder of goods

Bailees lien

General lien of Bankers, wharfinger and Attorneys

Rights of pawnor and pawnee

Suits by Bailor and bailee

Agency

Meaning

Relation of Principal and Agent

Extent of Agents authority

Sub-agent and his responsibility

Ratification and revocation of authority

Duties of Principal and Agent

Agents Lien on Principal property

Indemnification of the Agents acts

Effect of mis-representation or fraud by Agent

II.

The Sale of Good 1930

The Contract Act 1872
The Sale of Goods Act 1930

Reference Books
1.
The Sale of Good Act by Frederick Pollock
2.
Law of Contract by V.G. Ramachandhraw

13

ISLAMIC JURISPRUDENCE II
Credit Hours: 3 Per Week

1.
2.
3.
4.
a.
b.
5.
a.
b.
c.
d.
6.
7.
8.
9.
10.
11.
12.

Course Code: Law 232

Customs and usages in Arab before Islam

History of the growth of the Muslim legal system
Various Schools of Islamic Law
Sources of Law
The Quran and the Traditions
Ijma and customs
Juristic Deduction
Qiyas or Analogy
Istehsan or Juristic Equity
Istedlal
Ijtehad and Taqlid
Acts, Rights and Obligations
Legal Capacity
Ownership and Possession
Constitutional Law
Muslim International Law
Law of Contract
Islamic Law of Crimes and Torts

The following books may be added to the reading list:

1. The early development of Islamic Jurisprudence by Ahmad Hassan.
2. A History of Islamic Law by N J Coulson.
3. Islamic Jurisprudence by Imran Ahmad Nyazee.

14

SEMESTER IV

YEAR-3
SEMESTER V
Module
Code

Module Title

Credits

Law 234
Law-235
Law 236
Law 237
Law 238

JURISPRUDENCE I
CONSTITUTIONAL LAW II (PAKISTAN)
ISLAMIC PERSONAL LAW I
CRIMINAL LAW I
LAW OF PROPERTY I

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

JURISPRUDENCE I
Credit Hours: 3 Per Week

Course Code: Law 234

Objective:
A study of the concepts of Law, Its development and Application.
Nature of jurisprudence:

Definition

Jurisprudence a study and analysis of Legal concepts

Value and scope

Relation with other social sciences.

Kinds and schools of Jurisprudence

Historical

Natural

Analytical

Other schools

General and particular jurisprudence

Law in Genera

Definitions of various jurists.

Authority of Law

Function and purpose of law

Law & positive morality

Kinds of Law

Source of Law

Formal & material sources

Legal & Historical sources

15

(B)
Legislation

Supreme & Subordinate legislation

Advantages of statute law

Binding force of statutes

Codification

Interpretation of statutes
(C)
Precedent

Authority of precedent

Kinds of precedent

Doctrine and evolution of Stare Deciesis

Obiter Dicta

Ration Decidendi

Per incurium, Sub silento

Doctrine and prospective overruling

Advantages and disadvantages of precedent

(D)
Customs

Oriing and nature of customary Law

Characteristics

Factors that give binding force to custom

General and particular custom

Administration of Justice:

Concept and therories of justice

Kinds of administration of justice

Civil justice System

Criminal justice System

Punishment

Theories of Punishment
Sovereignty

State & its origin

State and Government

Sovereign State

Essentials of Sovereignty
Text Books:

Salmond Sir J.: Jurisprudence

VD. Mahaja, Jurisprudence.

Reference Books:
1.
Paton, G.W. Text book of Jurisprudence
2.
Buckland, W.W. Reflections on Jurisprudence.
3.
Hibbert, W.N. Jurisprudence
4.
Pollock, F.A. First Book of Jurisprudence.
5.
VINORGRADOFF, S.P. Common Sense In Law.
6.
Sapru, T.N. Modern Jurisprudence.
7.
Dias, R.W.M. Jurisprudence
8.
L.B. Curzon: Jurisprudence.
9.
Edger Boden Heimer Jurisprudence.

16

CONSTITUTIONAL LAW - II
Credit Hours: 3 Per Week

Course Code: Law 235

Objective:
1.
A Brief study of various constitutional instruments promulgated before and after independence with
reference to the development of constitutional principles in Pakistan.
2.
A detailed study of the Constitution of Islamic Republic of Pakistan, 1973 with special reference to the
concept of sovereignty of Almighty Allah, parliamentary democracy and independence of Judiciary.
I.

Constitutional Developments
The Government of India Act 1935
The Indian Independence Act 1974
The 1st Constituent Assembly
Objectives Resolution
Dissolution of Constituent Assembly and its after effects.
Salient features of the Constitution of 1956
Developments leading to the abrogation of the Constitution of 1956.
Salient features of the Constitution of 1962.
Causes of failure of the Constitution of 1962
Comparative study of significant features of Constitutions of 1956. 1962 and 1973

Cases leading to the development of Constitutional principles

The Federation of Pakistan vs, Moulvi Tamizuddin

Yusuf Patail vs. Government of Sind.

Reference I of 1955

The State vs. Dosso PLD 1958 S.C.

Asma Jillani vs. federation of Pakistan PLD 1972 S.C.

Nusrat Bhutto vs. State PLD 1977 S.C.

II.
The Constitution of Islamic Republic of Pakistan, 1973
Introduction

Preamble

Islam the State Religion

Right to be dealt with in accordance with Law.

High treason.
Fundamental Rights and Principles of Policy

Definition of State

Inconsistency of Laws inderogation of fundamental rights.

Rights relating to persons.

Rights relation to property etc.

Responsibility of the State with regard to the principles of policy.

Federation of Pakistan

Parliament

The Federal Government

Powers of the President to promulgate Ordinance.

Provinces

Governors

Province Assemblies

The Provincial Government

17

Powers of the governor to promulgate Ordinance

Relations between Federation and Provinces

Distribution of legislative powers.

Administrative relations between Federation and Provinces.

Council of Common Interest.

National Economic Commission.

Finance

National Finance Commission

Federal consolidated fund

Public Accounts

Auditor General of Pakistan

The Judicature

Supreme Court

High Courts

Federal Shariat Court

Federal Shariat Court

Supreme Judicial Council

Administrative Courts and tribunals

Election Commission

Chief Election Commissioner

Electoral Laws

Conduct of Election
Islamic Provisions

Islamization of Laws

Council of Islamic Ideology

Emergency Provisions

Emergency on account of war or Internal disturbance

Financial Emergency

Parliaments powers to make laws of indemnity

Amendment of Constitution
Text Books
1.
The Constitution of Islamic Republic of Pakistan. 1973.
2.
The Constitution of Islamic Republic of Pakistan. 1973 by justice Muhammad Munir
3.
Constitutional Development in Pakistan by G.W. Choudry.

Reference Books
1.
Constitutional history by J. Masud Ahmad
2.
F.J. Newman: Essays on the Constitution of Pakistan.
3.
Fridman: Pakistan Constitution
4.
Juening, Siriver; Constitutional Problems of Pakistan.
5.
Struggle for Pakistan by Dr. Ishtiaq Hussain Qureshi.
6.
The Fundamental Law of Pakistan by A.K. Brohi.
7.
Constitutional, Law and Pakistan Affairs by Dr. Nasim Hassan Shah.

18

ISLAMIC PERSONAL LAW I

Credit Hours: 3 Per Week

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

12.
13.
14.
15.

Course Code: Law. 236

Marriage
Dower
Modes of the Dissolution of Marriage
Iddat
Maintenance
Parentage Legitimacy and acknowledgement
Guardianship of Person and property
Gifts
Wakfs
Wills
Muslim Personal Law and Law of Inheritance, in light of the Quranic Verses and relevant enactments
such as:
Inheritance-General Rules
Sunni Law of Inheritance
Shia Law of Inheritance
The Dissolution of Muslim Marriages Act, 1939.
The Muslim Family Laws Ordinance & Rules, 1961.
West Pakistan Muslim Personal Law (Shariat) Application Act, 1962
The Guardians and Wards Act, 1890 (only Ss. 7, 8, 12, 25)

Books Recommended
1.
2.
3.
4.
5.
6.

Outlines of Mohammadan Law by A A Fyzee.

Islamic Law Theory and Practice by Aziz Ahmad.
Islamic Law by D F Mulla.
Islamic Law by Syed Amir Ali.
Islamic Law by Dr. Muhammad Hamid Ullah.
Islamic Law of Inheritance by Hamid Khan.

19

CRIMINAL LAW - I / PAKISTAN PENAL CODE

Credit Hours: 3 Per Week

Course Code: Law. 237

Objective:
A study of various provisions of the Pakistan Penal Code with special reference to offences against
person and property, religion and state including the constitution of the crimes.
I.

General Principles of Criminal Law

Definition of Crime
Nature and Characteristics of Crime
Causes of Crime
Elements of Crime
Crime and Tort
Parties to the Crime
Intention, Knowledge and motive
Negligence and Recklessness.

Text Book:
General Principles of Criminal Law Some Reflections:
By. Prof Dr. C. M. Hanif
II.

The Pakistan Penal Code - 1860

Introduction
General explanations
Punishments
General exceptions
Abetment
Criminal conspiracy
Offence against the State
Offences against the public tranquility
Offences by or relating to Public Servant
Contempt of Lawful authority
False evidence and offences against public justice
Offences relating to Weight and measure
Offences relating to religion
Wrongful restraints and wrongful confinement
Criminal force and assault
Kidnapping, abduction and forced labour
Offences against property
Thef1
Robbery and dacoity
Criminal misappropriation of property
Criminal breach of trust
Receiving of stolen property
Cheating
Mischief
Criminal trespass
Hours trespass E. Hours breking
Offences relating to marriage
20

Defamation
Criminal intimidation, insult and annoyance
Attempts to commit offences

Text Books:
1.
The Pakistan Penal Code 1860
2.
General Principles of Criminal Law
Reference Books:
1.
Penal Code by Ratan Lal
2.
Smith and Hogan: Criminal Law: Cases and Materials

LAW OF PROPERTY
Credit Hours: 3 Per Week

Course Code: Law. 238

1. The Transfer of Property Act, 1882 80 Marks

2. The Registration Act, 1908 20 Marks
Course Contents
Principles and the detailed provisions of all the Acts as indicated above.
Books Recommended
1. Transfer of Property Act (Commentary) by Shaukat Mahmood.
2. Transfer of property Act (Commentary) by Dr C M Hanif.
3. Transfer of Property Act (Commentary) by I A Kazi.
4. The Registration Act by Shaukat Mehmood.

21

SEMESTER VI
Module
Code

Module Title

Credits

Law 239
Law 240
Law 241
Law 242
Law 243

JURISPRUDENCE-II
CORPORATE LAW
CRIMINAL LAW-II
LAW OF PROPERTY - II
ISLAMIC PERSONAL LAW-II

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

JURISPRUDENCE - II
Credit Hours: 3 Per Week

Course Code: Law. 239

Objective:
A study of various legal concepts and their characteristics.
Legal Right

Concept of Legal Right

Essential characteristics of Legal Right

Kinds of Legal Right

Objects of Legal Right

Ownership

Definition

Characteristics

Kinds of ownership
Possession

Definition

Possession and ownership

Possession in Fact and possession in Law

Modes of acquiring possession

Possessory remedies
Person

Concept of person

Natural person and juristic person

Corporation
a.
Kinds
b.
Purpose of incorporation
c.
Criminal liability of corporation
d.
Corporate personality
e.
Creation and extinction of corporation

Legal status of dead man and unborn child.

Title

Invective fact
22


Divestitive facts
Liability

Definition

Essential of liability

Kinds of Liability

Civil and Criminal liability

Strict liability

Vicarious liability

Mistake of fact and Law

Jus Necessitalis

Negligence

Theories (subjective & objective)

The Duty of care

Standard of care

Contributory negligence
Obligation

Definition

Nature and Concept of obligation

Kinds of obligations
Law of Property

Definition

Kinds of property

Modes of Acquisition of property

Law of Procedure

Purpose of procedural law

Substantive Law & Law of procedure

Law of Evidence
TEXT BOOKS
1.
Salmond, Sir J.: Jurisprudence
2.
V.D. Mahajan, Jurisprudence
Reference Books
1.
Paton, G.W. Text Book of Jurisprudence
2.
Buckland, W.W. Reflections on Jurisprudence
3.
Hibbert, W.No. Jurisprudence
4.
Pollock, F.A. First Book of Jurisprudence
5.
Vinorgradoff, S.P. Common-Sense in Law
6.
Sapru, T.N. Modern Jurisprudence
7.
Dias, R.W.M. Jurisprudence.
8.
L.B.Curzon: Jurisprudence

23

CORPORATE LAW
Credit Hours: 3 Per Week

Course Code: Law. 240

Objective:
A study of the principles of the law in relation to partnership and negotiable instruments.
Text Books:
A.
The Partnership Act 1932:

Preliminaries and definitions

Nature of partnership

Kinds of partnership

Distinction from other associations

General duties of partners

Relations of partners inter se.

Relations of partners to third parties

Implied authority of partners and its scope

Incoming and outgoing partners

Modes of dissolving a partnership

Winding up and related aspects

Registration of firms
B.

o
o

The Negotiable Instruments Act, 1881:

Preliminaries
Meaning and essentials of Promissory Note Bill of Exchange and Cheque
Distinction between:
Promissory Note and Bill
Bill of Exchange and cheque
Parties to Note, Bill and Cheque and their rights and liabilities
Negotiation Meaning and Method
Indorsement Meaning and Ingredients
Presentment Acceptance
Dishonur and protest
Discharge from liability on notes etc.
Compensation
Presumptions as to Negotiable Instruments
Selected cases as suggested by the teachers

Text Book:
2.
The Partnership Act (IX of 1932) by Kazim Ashrat.
3.
Choudhary A.M. The Partnership Act.
4.
The Partnership Act by Mian Ghulam Hussain
5.
The Negotiable Instrument Act by K.B. Abbas
6.
The Negotiable Instrument Act by M. Farani
Reference Books:
1.
Mannan, M.A. The Partnership Act.
2.
Dekshits Partnership Act
3.
The Partnership Act by Desai
4.
Lindley Partnership law
24

5.
6.
7.
8.

Manual of Partnership laws by Waqar-ul-Haq

Commercial Law by Iwan Davies
Business Law by Charles Worth
The Negotiable Instrument Act by Shaukat Mahmud

25

CRIMINAL LAW / PAKISTAN PENAL CODE - II

Credit Hours: 3 Per Week

Course Code: Law. 241

Objective:
A study of various provisions of Hadood Laws and Qisas-o-Diyat Ordinance including principles of
criminal law of Islam.
I.
Principles of Criminal Law in Islam

Concept of rime

Classification of crimes

Classification of punishments

Difference between Hudood & Qisa

Proof and punishment

Criminal intention and criminal liability

Territorial application of criminal law of Islam.

II.A. Offence against property (Enforcement of Hadood) Ordinance 1979

Definitions

Theft and its kinds

Nisab

Proof of theft

Punishment

Haraabab

Proof of Haraabah

Punishment
B.

Offence of Zina (Enforcement of Hadood) Ordinance, 1979

Definitions
Kinds of offence
Proof
Punishment
Kidnapping and abduction for marriage
Prostitution

C.

Offence of Qzaf (Enforcement of Hadd) Ordinance 1979

Definition
Qazf and its kinds
Proof
Punishment
Competency of the complainant

D.

Prohibition (Enforcement of Hadd) Order, 1979

Definitions
Manufacturing and possession of intoxicants
Drinking and its kinds
Proof
Punishment

II.

Qisas-o-Diyat Ordinance
Definitions
Qatl and its kinds
26

Proof
Punishment
Waiver and compounding
Diyat
Attempt to commit Qatl
Hurt and its kinds
Proof and punishments
Isqat-i-Hamal and Janin
Punishment
Interpretation

Text Books
1.
Hadood Ordinances, 1979
2.
Qisas-o-Diyat Ordinance
Reference Books
1.
As suggested by the teachers

27

LAW OF PROPERTY
Credit Hours: 3 Per Week

Course Code: Law. 242

1. The Transfer of Property Act, 1882 80 Marks

2. The Registration Act, 1908 20 Marks
Course Contents
Principles and the detailed provisions of all the Acts as indicated above.
Books Recommended
1. Transfer of Property Act (Commentary) by Shaukat Mahmood.
2. Transfer of property Act (Commentary) by Dr C M Hanif.
3. Transfer of Property Act (Commentary) by I A Kazi.
4. The Registration Act by Shaukat Mehmood.

28

ISLAMIC PERSONAL LAW II

Credit Hours: 3 Per Week

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

12.
13.
14.
15.

Course Code: Law. 243

Marriage
Dower
Modes of the Dissolution of Marriage
Iddat
Maintenance
Parentage Legitimacy and acknowledgement
Guardianship of Person and property
Gifts
Wakfs
Wills
Muslim Personal Law and Law of Inheritance, in light of the Quranic Verses and relevant enactments
such as:
Inheritance-General Rules
Sunni Law of Inheritance
Shia Law of Inheritance
The Dissolution of Muslim Marriages Act, 1939.
The Muslim Family Laws Ordinance & Rules, 1961.
West Pakistan Muslim Personal Law (Shariat) Application Act, 1962
The Guardians and Wards Act, 1890 (only Ss. 7, 8, 12, 25)

Books Recommended
7.
8.
9.
10.
11.
12.

Outlines of Mohammadan Law by A A Fyzee.

Islamic Law Theory and Practice by Aziz Ahmad.
Islamic Law by D F Mulla.
Islamic Law by Syed Amir Ali.
Islamic Law by Dr. Muhammad Hamid Ullah.
Islamic Law of Inheritance by Hamid Khan.

29

YEAR-4
SEMESTER VII
Module
Code

Module Title

Credits

Law 244
Law 245
Law 246
Law 247
Law 248
Law 249

PUBLIC INTERNATIONAL LAW-I

CONSTITUTIONAL HISTORY OF PAKISTAN
CIVIL PROCEDURE-I
CRIMNAL PROCEDURE-I
LAW OF EVIDENCE I
LEGAL DRAFTING-I

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

PUBLIC INTERNATIONAL LAW I

Credit Hours: 3 Per Week

Course Code: Law. 244

Objective:
A study of the origin, sources and nature of International law, the Muslim International law and a study
of various International organization.
INTRODUCTION

The nature, origin and historical development of international law.

The problem of enforcement and sanction.

Popular skepticism about International law.

Why states obey international law.

SOURCES:

International Convention (treaties)

Custom, States practice, treaty and custom

Opinion juris, General Principles of Law

Judicial decisions, Act of International Organizations.

The hierarchy of the sources.

SOVEREIGNTY AND TERRITORY:

Definition of State and its essential ingredients.

Kinds of states

Sovereignty and self determination

The acquisition of title to territory

Occupation and Prescription

Cession and conques.

RECOGNITION:

Recognition in general
30

Theories of recognition
Difference between recognition of the State and the Government.
The Dejure and Defecto recognition.
The Dejure and Defecto recognition
Express and Implied recognition, Non recognition

STATE RESPONSIBILITY

Nature and kinds of state responsibility

Responsibility for breach of treaties.

Responsibility for expiration of property.

State responsibility and fault theory

Claim
TEXT BOOKS

A Modern Introduction to International Law by Micheal Akehurst.

An Introduction to International Law by J.G. Starke.

The Muslim Conduct of State by Dr. Muhammad Hamidullah

Reference Books:
1)
Introduction to International Law by brownlie
2)
The Law of Nations by J. Briely
3)
International Law by Be Jawi
4)
Jadid Qanun Bainul Mumalik Kay usul awr Nazirain by Dr. Muhammad Hamid Ullah

31

CONSTITUTIONAL HISTORY OF PAKISTAN

Credit Hours: 3 Per Week

Course Code: Law. 245

Salient features of the Government of India Act, 1935

Indian Independence Act, 1947
Objectives Resolution, 1949
Report of the Basic Principles Committee
Draft constitution of 1954
Salient features of the 1956 Constitution
Constitution Commission of 1960 (Shahabuddin Commission)
Salient features of the 1962 Constitution
Abrogation of the Constitutions and the Martial Laws
Legal Framework Order, 1970
The Interim Constitution of 1972
Fifth and Sixth Constitutional Amendments in the 1973 Constitution
The PCO of 1981
The RCO of 1985
The Eighth Amendment
The LFO-2002 and The Seventeenth Amendment, 2003
CASES:
1. Maulvi Tamizuddin Khan v. Federation of Pakistan PLD 1955 Sindh 96
2. Federation of Pakistan vs. Maulvi Tamizuddin Khan
3. Reference by the Governor-General PLD 1955 FC 435
4. State v. Dosso PLD 1958 SC 533
5. Usif Patel v. Crown PLD 1955 FC 387
6. Begum Nusrat Bhutto v. Chief of the Army Staff PLD 1977 SC 657
7. Hakim Khan v. Government of Pakistan PLD 1992 SC 585
8. Nawaz Sharif v. President of Pakistan PLD 1993 SC 473
9. Benazir Bhutto v. the President of Pakistan PLD 1992 SC 492
10. Khawaja Muhammad Sharif, PLD 1988 Lah. 725
11. Federation of Pakistan v. Haji Saifullah Khan PLD 1989 SC 166
12. Khawaja Ahmad Tariq Rahim PLD 1992 SC 646
13. Benazir Bhutto v. President of Pakistan, PLD 1998 SC 388
14. Asma Jilani v. Government of the Punjab PLD 1972 SC 139
15. Mir Hassan
16. State v. Zia ur Rehman PLD 1973 SC 49
17. Mahmood Khan Achakzai v. Fed. of Pakistan PLD 1997 SC
18. Zafar Ali Shah case, 2000
BOOKS RECOMMENDED
1. Constitutional Development of Pakistan by G W Chaudhry.
2. Constitutional Documents of Pakistan by Safdar Mahmood.
3. Constitutional and Political History of Pakistan by Hamid Khan.
4. Book by Justice M. Munir.
5. Khalid Bin Sayed.

32

CIVIL PROCEDURE CODE I

Credit Hours: 3 Per Week

Course Code: Law. 246

Objective:
A study of the principles of the Code of Civil Procedure with reference to jurisdiction of court,
institution of suits, summons and written statements, issues, evidence and judgment and various
provisions of the Limitations Act.
I.
The Code of Civil Procedure 1908:
Preliminary and suits in general

Definition

Place of suing

Institution of suit

Stay of Suit

Res Judicata

Bar of suit
Summons and their service

Issue of summons

Service of summons

Substituted service

Service in special cases

Service in foreign territory

Parties to suit

Plaintiffs and defendants

Misjoinder and non-joinder and objection thereof.

Striking of parties

Conduct of suit

Recognized Agents and pleaders and their appointment.

Frame of Suit

Suit to include the whole claim

Relinquishment of part of claim

Omission to claim relief

Joinder of cause of action

Pleadings

In general

Plaint

Written Statement
Settlement of Issues

Issues of laws and facts

Amendment in issues

Material from issues may be framed

Summning and attendance of witnesses

Summons how served

33

Service of summons
Consequences of failure to appear

Examination of witnesses

Right to begin

Statements and production of evidence

Demeanor of witness

Recalling of witness
Judgment and Decree

Plaintiffs and defendants

Decree in various cases

Judgment and decree pronouncement

Interest and Cost

Interest

Interest on public dues

Interest etc., on dues on banking Company

Cost

Compensatory costs
Execution

Courts where execution application may be filed

Questions to be determined by executing courts

Procedure in execution

Arrest and detention

Attached

Sale

Resistance to execution
Text Books
1.
The Code of Civil Procedure (V of 1908)
2.
The Code of Civil Procedure (Students Edition by Aamer Raza A. Khan)
3.
Civil Procedure Code by D.F. Mulla.

Reference Book
1.
Civil Procedure Code of Sarkar
2.
Lecture on Civil Practice by D.F. Mulla
3.
Civil Procedure Code by Lyar.
Note: Bare Act will be provided to the students during the examination.

34

CRIMIINAL PROCEDURE CODE I

Credit Hours: 3 Per Week

Course Code: Law. 247

Objective:
A study of Criminal Procedure Code with reference to the trial of the offences including the constitution
of the criminal courts.
I.

The Criminal Procedure Code - 1897

Preliminary

Constitution of Criminal Courts

Classes of criminal courts

Territorial divisions

Courts and offices

Powers of Courts

Offences cognizable by each court

Sentences which may be passed by various courts

Ordinary and additional powers

Conferment, continuance and cancellation of powers

Arrest, Escape and retaking

Arrest generally

Arrest without warrant

Processes for compelling appearance

Summons

Warrant of arrest

Proclamation and attachment

Miscellaneous rules regarding processes

Special rules
Process for Production of Documents, Movable property and the discovery of Persons Wrongfully confined

Summons to produce

Search warrants

Discovery of person wrongfully confined

General provisions relating to searches

Miscellaneous

Security for keeping the peace and for food behavior

Unlawful Assembles

Temporary orders in urgent cases of nuisances & danger

Disputes as to immovable property

Preventive action of the police

Information to the police and their powers to investigate

Jurisdiction of the criminal courts in inquiries & trials:

i.
Place of Inquiry or trial
ii.
Conditions requisite for initiation of Proceedings

Complaints to Magistrates

The commencement of proceedings before court

Text Books
1.
The Code of Criminal Procedure
2.
Mazhar Hussain Niazami: Criminal Procedure Code.
35

Reference Books
1.
Ratan Lal: Criminal Procedure Code
2.
Hafeez-ur-Rehman: Lectures on Criminal Procedure
3.
Code of Criminal Procedure by Shaukat Mahmood

36

LAW OF EVIDENCE
Credit Hours: 3 Per Week

Course Code: Law. 248

Objective:
A detailed study of the principles of evidence, competency of witnesses and rules regarding production
of evidence etc. as given in the Qanoon-e-Shahadat Order, 1984.
Preliminary and Competence of Witnesses

Interpretation

Competency of witness

Judges and Magistrates as winters

Evidence as to affairs of State

Privileged Communication

Accomplice

Answering ineminating questions

Number of witnesses
Oral and Documentary Evidence

Oral evidence

Direct and Indirect evidence

Documentary evidence

Primary and Secondary evidence

Rules as to notice to produce

Statements of Attesting witnesses

Proof of document not required by law to be attested.

Comparison of signatures, writing etc.

Public and private documents

Certified copies of documents

Presumption as to documents

Presumption to thirty years old documents

Proof and Estopple

Judicial notice

Admitted facts

Estoppel
Examination of Witnesses

Examination in chief

Cross examination

Re-examination

Leading questions

Indecent and scandalous questions

Impeaching credibility of witness

Corroborative evidence

Refreshing of memory

Court questions

Claim on oath

Copies by modern devices

Text Books
1.
The Quran-e-Shahadat order, 1984
2.
The Qanun-e-Shahdat Order, 1984 by Justice Khalil-ur-Rehman
37

Reference Books
1.
Mahmood. J. Qanun-e-Shahadat (Urdu)
2.
Ammer Ali & Woodruff. Sir J.g. The Law Evidence
3.
Phipson on Evidence
Law of Evidence by L.B. Curzon.

38

LEGAL DRAFTING I
Credit Hours: 3 Per Week

Course Code: Law. 249

Course Contents
1. Drafting by I.C. Desouza (Omitting chapter I & II, Part-II) (Major petitions to Courts).
2. Pleadings in India with Precedents by Sir C. Walsh and J.C. Weir
3. Dastaweznavisi by Penna Lal in Urdu, (Latest Edition) only the following 75 forms are prescribed:
1. Receipts No.1
2. Bonds No.1-2-6-9
3. Agreement 1-5-6-10
4. Mukhtarnama 1-2-3
5. Bainama 1-4-20-23
6. Rahn Nama 1-2-3-5-6-7-9-13
7. Exchange 1-2-3
8. Hiba Nama 1-2-3
9. Talaq Nama 1-2-3-4
10. Wills 1-2-4-5
11. Partnership Deed 1-3
12. Dedication 1-2-8
13. Settlement 1-2
14. Bonds 3
15. Adoption 1-4
16. Marriage 1-2-3
17. Arbitration 1-2-3
18. Notice 1-3-5-8-12-13
19. Musawada 1-2-3-4
20. Promissory Note 1-2-3-4
21. Patta 1-6(b)
Books Recommended
1. Law of Pleading by Inaytullah.
2. Conveyancing by Inaytullah, M.
3. Mogah on Pleadings.
4. Mogah on Conveyncing.
5. Pleadings in India with Precedents by Sir C Walsh & J C Weir.
6. Dastaweznavisi by Penna Lal in Urdu (Lestest Edition).
7. Drafting by I C DeSouza (Omitting Chapters I&II Part-II (Major
petitions to Courts).
8. Law of Interpretation by Maxwell and Craze.
9. Interpretation of Statutes by Chowdhry.
10. Intrepretation of Pakistan Statutes by Kazi Mohammad Ashraf.
11. Interpretation of Statutes by Mazharuddin Ahmad

39

SEMESTER VIII
Module
Code
Law 250
Law 251
Law 252
Law 253
Law 254
Law 255

Module Title

EQUITY AND SPECIFIC RELIEF

PUBLIC INTERNATIONAL LAW II
LEGAL DRAFTING II
LAW OF EVIDENCE II
CIVIL PROCEDURE-II
CRIMINAL PROCEDURE-II

Credits

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

LAW OF EQUITY AND SPECIFIC RELIEF

Credit Hours: 3 Per Week

Course Code: Law. 250

1. Maxims of Equity 40 Marks

2. The Specific Relief Act, 1877 60 Marks
Course Contents
Maxims of Equity
The Specific Relief Act, 1877.

40

PUBLIC INTERNATIONAL LAW II

Credit Hours: 3 Per Week

Course Code: Law. 251

Objective:
A study of Law of war, settlement of International disputes, Diplomatic Relations Human Rights &
Law of Sea.
Law of War
Meaning of War
Changing concept of War
Nature & Character of armed confrontation
Commencement of War
Effects of outbreak of War
Enemy Character of persons & Property
Rules of Land, Air and Space Warfare
Settlement of International Disputes

Peaceful Means of Settlement

Judicial Settlement

Coercive Means of Settlement

Character of the United Nation & Settlement

Diplomatic Relation:

Introduction

Classification of diplomatic Envoys

Rights, Privileges & Immunities

Termination of Diplomatic Mission and Agents

Human Rights:

Introduction

U.N Charter & Human Right

Human Rights and Jurisdiction

Commissions & Conventions on Human Rights

Protection of Human Rights to Aliens

Human Rights & Practice of States

Law of the Sea

Introduction

Conventions on the Law of the Sea

Territorial Sea

Continental Shelf

41

LEGAL DRAFTING II
Credit Hours: 3 Per Week

Course Code: Law. 252

Course Contents
1. Drafting by I.C. Desouza (Omitting chapter I & II, Part-II) (Major petitions to Courts).
2. Pleadings in India with Precedents by Sir C. Walsh and J.C. Weir
3. Dastaweznavisi by Penna Lal in Urdu, (Latest Edition) only the following 75 forms are prescribed:
1. Receipts No.1
2. Bonds No.1-2-6-9
3. Agreement 1-5-6-10
4. Mukhtarnama 1-2-3
5. Bainama 1-4-20-23
6. Rahn Nama 1-2-3-5-6-7-9-13
7. Exchange 1-2-3
8. Hiba Nama 1-2-3
9. Talaq Nama 1-2-3-4
10. Wills 1-2-4-5
11. Partnership Deed 1-3
12. Dedication 1-2-8
13. Settlement 1-2
14. Bonds 3
15. Adoption 1-4
16. Marriage 1-2-3
17. Arbitration 1-2-3
18. Notice 1-3-5-8-12-13
19. Musawada 1-2-3-4
20. Promissory Note 1-2-3-4
21. Patta 1-6(b)
Books Recommended
1. Law of Pleading by Inaytullah.
2. Conveyancing by Inaytullah, M.
3. Mogah on Pleadings.
4. Mogah on Conveyncing.
5. Pleadings in India with Precedents by Sir C Walsh & J C Weir.
6. Dastaweznavisi by Penna Lal in Urdu (Lestest Edition).
7. Drafting by I C DeSouza (Omitting Chapters I&II Part-II (Major petitions to Courts).
8. Law of Interpretation by Maxwell and Craze.
9. Interpretation of Statutes by Chowdhry.
10. Intrepretation of Pakistan Statutes by Kazi Mohammad Ashraf.
11. Interpretation of Statutes by Mazharuddin Ahmad

42

CIVIL PROCEDURE CODE II

Credit Hours: 3 Per Week

Course Code: Law. 254

Objective:
A detailed study of the provisions of the code of civil procedure with reference to appeals, incidental
and special proceedings, and suits in particular cases.
Appeals

Appeals from original Decree and appellate Decree

Appeals from orders

General provisions relating to Appeals

Reference, Review, Revision

Procedure in Appeals
Incidental Proceedings

Commissions

Suits by or against Government

Suits by or against aliens, Ambassadors and Envoys

Inter pleader suit

Appearance of parties and consequences of non appearance

Examination of parties

Discovery and inspection

Admissions

Production and Impounding of documents

Adjournments

Appointment of Receiver

Temporary Injunction

Interlocutory Orders

Affidavits

Withdrawal and adjustment of suits

Arrest and attachment before judgment.

Special Proceedings

Suits relating to public matters

Suits involving substantial questions as to constitution

Suits by or against Armed Force personal

Suits by or against Corporation and Firms

Suits by or against Minor and persons of unsound mind

Suits by Paupers

Suits in respect of negotiable instruments

Death, Marriage and Insolvency of parties

Right to suit

Procedure

Determination of questions as to legal representative

Effect of abatement or dismissal

Miscellaneous

Exemption of person from personal appearance.

43

Arrest other than in execution

Application of restitution
Enlargement of time
Power of court to make up deficiency of court fee.
Inherent powers of the court
Amendment of judgment and decree

II.

The Limitation Act 1908

Preliminary
Limitation of suits, application and appeals
Computation of periods of limitation
Acquisition of ownership by possession

Text Book
1.
The Code of Civil Procedure (V of 1908)
2.
The Code of Civil Procedure (Student Edition by A. Raza A. Khan)
Reference Books
1.
Civil Procedure Code of Sarkar.
2.
Lectureson Civil Practice by D.F. Mulla
3.
Civil Procedure Code by Iyat.

44

CRIMIINAL PROCEDURE CODE II

Credit Hours: 3 Per Week

Course Code: Law. 255

Objectives:
A study of Criminal Procedure Code with reference to framing of charge, trial of cases, appeal and
revision and bail etc, and medical jurisprudence with reference to autopsy and injuries.
I.

1.
2.

Criminal Procedural Code 1898

The Charge
Form of Charges
Joinder of charges
The Trial of cases by Magistrates
Summary Trials
Trials before High Courts and Courts of Session
General provision as to Inquiries & Trials
The Mode of taking and recording Evidence
The judgment
Confirmation of sentences
Execution
Pervious Acquittals or Convictions
Proceedings in Offences affecting the Administration of justice
Bail
Commissions for the Examination of Witnesses.
Special Rules of Evidence
Provisions as to Bonds
The Disposal of property
The Transfer of Criminal Cases
Irregular proceedings
Miscellaneous

II.

Medical Jurisprudence
Introduction
Medicolegal General aspects
Medical evidence
Examination of the dead
Object of postmartum
Legal presumption of death
Examination of the body
Locality and position
Examination in Mortuary
Opinions of the cause of death
Asphyxial deaths
Injuries
Abrasions, bruises and Incised wounds
Burns, Scalds and Cold

45

Text Books
1.
The Code of Criminal Procedure Act xxv of 1898
2.
Mazhar Hussain Nizami, Criminal Procedure Code.
Reference Books
1.
Ratan Lal, Criminal Procedure Code
Hafeez-ur-Rehman, Lectures on Criminal Procedure

46

YEAR 5
SEMESTER IX
Module
Code

Module Title

Credits

Law 256
Law 257
Law 258
Law 259
Law 260

ADMINSTRATIVE LAW-I
LEGAL ETHICS
OPTION-I
OPTION-II
MOOT CASES AND ROLE PLAYING

3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H
3Cr. H

ADMINISTRATIVE LAW I
Credit Hours: 3 Per Week

Course Code: Law. 256

Course Contents
General principles of Administrative Law; Administrative act, delegated legislation, administrative discretion,
judicial review of the administrative acts and discretion, administrative tribunals and Ombudsman.
Laws of Civil Service. Civil Servants Act, 1973, Federal Service Tribunal, 1973, Government Servants (E&D)
Rules, 1973 and Civil Servants (Conduct) Rules 19
Books Recommended
1. Administrative Law by HWR Wade.
2. Principles of Administrative Law by Griffith, J A G.
3. Principles of Administrative Law by Jain and Jain.
4. Principles of Administrative Law Yasrdley, D C M.
5. Administrative Law by Faulkes, David.
6. Principles of Administrative Law by Hamid Khan.
7. Administrative Law by Prof. Sathe.
8. Administrative Law by Prof. Chakrwarti Civil Services Law and
Practice by Masud-ul-Hassan.
9. Manual of Civil Services Law by Janjua, Z I.
10. Civil Service Laws by Nisar Ahmad.

47

INTERPRETATION AND LEGAL ETHICS

Credit Hours: 3 Per Week

Course Code: Law. 257

Objective:
A study of general principles of Interpretation of Statutes, different provisions of General Clauses Act
and basic principle of Legal Ethics.
I.
INTERPRETATION OF STATUES

Interpretation in general

Intrinsic and Extrinsic aids to interpretation

Presumptions of interpretation

Maxims of interpretation

Literal Interpretation

Beneficial interpretation

Strict interpretation

Exceptional Interpretation

Interpretation nearer to Justice and reasons

Interpretation as to jurisdiction of court

Conflict of Laws

II.
The general Clauses Act - 1897

Definitions

Effect of repeal

Computation of time

Gender and number

Construction of order

Issue of orders under enactments

Continuation of orders

III.
Legal Ethics

Introduction

Concept of Morality and Ethics

Behavioral patterns

Inside and outside the courts

Relations with litigants

Conduct in court

Integrity and competence

Misconduct

Professionalism

Code of ethics in relation to Wakalah in Islamic Law

Text Books
1.
Interpretation of Statutes by M. Farani
2.
The Generl Clauses Act, 1897.
3.
principles of Legal Ethics by Dr. C.M. Hanif
Reference Books
1.
Interpretation of Statutues by Maxwell
48

2.
3.
4.
5.

Construction of Statutes by Crawford

The General Clauses Act by Shauka Mahmood
A study of Legal Ethics by Jessup, H.W.
Adab-ul-Qadi by Dr. Mahmood Ahmad Ghazi

49

SEMESTER X
Module
Code

Module Title

Credits

Law 261
Law 262
Law 263
Law 264
Law 265

ADMINISTRATIVE LAW-II
RESEARCH PROJECT
INTERPRETATION OF STATUTES
OPTION-III
OPTION-IV

3 Cr.H
3 Cr. H
3 Cr. H
3 Cr. H
3 Cr. H

ADMINISTRATIVE LAW II
Credit Hours: 3 Per Week

Course Code: Law. 261

Course Contents
General principles of Administrative Law; Administrative act, delegated legislation, administrative discretion,
judicial review of the administrative acts and discretion, administrative tribunals and Ombudsman.
Laws of Civil Service. Civil Servants Act, 1973, Federal Service Tribunal, 1973, Government Servants (E&D)
Rules, 1973 and Civil Servants (Conduct) Rules 19
Books Recommended
1. Administrative Law by HWR Wade.
2. Principles of Administrative Law by Griffith, J A G.
3. Principles of Administrative Law by Jain and Jain.
4. Principles of Administrative Law Yasrdley, D C M.
5. Administrative Law by Faulkes, David.
6. Principles of Administrative Law by Hamid Khan.
7. Administrative Law by Prof. Sathe.
8. Administrative Law by Prof. Chakrwarti Civil Services Law and
Practice by Masud-ul-Hassan.
9. Manual of Civil Services Law by Janjua, Z I.
10. Civil Service Laws by Nisar Ahmad.

50

INTERPREATION OF STATUTE
Credit Hours: 3 Per Week

Course Code: Law. 263

COURSE CONTENTS
1.
PRELIMINARY MATTERS:
i.
Introductory: - Interpretation & Construction, Legislative Intent (Sententia Legis)
ii.
The different parts of a statute.
iii.
Commencement, repeal and revival of legislation.
iv.
Consolidating and codifying statutes.
v.
Aids to interpretations.
vi.
Presumptions against ousting established jurisdiction.
vii.
Presumptions against creating new and enlarging established jurisdiction.
2.
i.
ii.
iii.
iv.

GENERAL PRINCIPLES OF INTERPRETATION

The Primary Rule: literal construction
The other main principles of interpretation.
Reading words in their context; the statutory aspect.
Interpretation Act & Interpretation Clause of statute.

3.

BENEFICIAL CONSTRUCTION:

4.
i.
ii.
iii.

RESTRICTIVE CONSTRUCTION:
Consequences to be considered
Presumption against charges in the common law.
Mensrea in statutory offences

5.
i.
ii.
iii.
iv.

EXCEPTIONAL CONSTRUCTION:
Modification of the language to meet the intention.
Equitable construction
Strict construction of penal laws.
Statutes encroaching on rights or imposing burdens.

6.
i.
ii.
iii.
iv.
7.
i.
ii.
iii.
iv.
v.
8.
9.
i.
ii.

CONSTRUCTION MOST AGREEABLE TO JUSTICE AND REASON

Presumption against intending what is inconvenient or unreasonable
Presumption against intending injustice or absurdity.
Presumption against impairing obligations, or permitting advantage from ones own wrong.
Retrospective operation of statutes.
INTENTIONS ATTRIBUTED TO THE LEGISLATURE WHEN IT EXPRESSES NONE
Imperative and directory enactments.
Absolute and qualified duties.
Impossibility of compliance.
Waiver
Public and private remedies.
CONSTRUCTION TO AVOID COLLISION WITH OTHER PROVISIONS
CONSTRUCTION TO PREVENT EVASION OR ABUSE
Construction to prevent evasion.
Construction to prevent abuse of powers.

10.
i.

SUBORDINATE PRINCIPLES:
Usage and contemporanea exposition
51

ii.
Construction imposed by statutes.
iii.
Construction of words in bonam partem.
iv.
Change of Language.
v.
Understanding associated words in a common sense, and the expression unius rule.
vi.
Generic words following more specific
vii.
Meaning of some particular expressions.
5.
TREATMENT OF GENERAL WORDS
i.
Interpretation Act.
ii.
General Clauses Act.
iii.
Presumption of Interpretation
iv.
Maxims of interpretation
TEXT BOOKS
i.
Maxwell in interpretation of statutes, 12th Edition by P.S.ST.J. Langon.
ii.
Interpretation of Statutes by Shoukat Mahmood.
iii.
Interpretation of Statutes by Craw Ford.
REFERENCE BOOKS
As suggested by the teacher.

52

OPTIONAL COURSES
1.

Alternate Dispute Resolution

2.

Banking Laws

3.

Conflict of Laws

4.

Consumer Protection Laws

5.

Custom and Tariff Laws

6.

e-Commerce Law

7.

Election Laws

8.

Environmental Laws

9.

Gender and Law

10.

Insurance laws

11.

Intellectual Property Laws

12.

International Economic Law

13.

International Humanitarian Law

14.

International Institutions

15.

International Trade Law

16.

Islamic Commercial Laws

17.

Labour Laws

18.

Land Laws

19.

Law and Development

20.

Law and Energy

21.

Local and Special Laws

22.

Media Laws

23.

Mergers and Acquisitions

24.

Minor Acts

25.

Mujallah Ahkam-e-Adaliyyah (Islamic Legal Maxims)

26.

Public Interest Litigation

27.

Securities Regulation

28.

Shipping and Admiralty Laws

29.

Taxation Laws

30.

Telecommunication Laws

53