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WHAT IS LAW?
MEANING?
DEFINITION?

WHAT DO YOU SAY?

Rules and Regulations

Human Rights
Basics of Behavior
Social Norms
Orders established by Govt.
Guidelines applicable and to be followed
by everybody without any discrimination
Prescribed boundaries for the people of
the country

VARIOUS MEANINGS AND

DEFINITIONS
One view is that it is not capable of definition
But this cannot be the answer nor solve the
problem
The confusion in defining law arises out of the
different purposes to be achieved e.g.:
Law has been defined by various individuals from
different points of view
Various schools of law define it from different
angles:
-basis of nature
-on source
-terms of effect on society
-end or purpose of law

MEANINGS AND DEFINITIONS

Contd.
A universal and uniform definition is
difficult. The evolution of society is of
a dynamic nature and hence the
difficulty in accepting a definition by
all. One reason in defining law is the
different types of purpose sought to
be achieved:
HORSE to a zoologist, a traveller, polo
player, for some article of food etc.

DEFINITIONS---Contd.
There have been and will continue to
be different definitions of law:
ARISTOTLE (384-322 B.C.) a pledge that citizens
of a state will do justice to one another
PLATO ( 427-347 B.C.) believed that law was a
form of social control.
SIR WILLIAM BLACKSTONE (1723-1780) a rule of
civil conduct prescribed by the supreme power in
a state, commanding what is right, and
prohibiting what is wrong

MEANINGS AND DEFINITIONS:

Contd.
Generally and the most commonly accepted
definition is A rule of action to which men
are obliged to make their conduct
comfortable
Law is the command of the sovereign. It
imposes a duty and is backed by a sanction.
Command, duty and sanction are three
elements of law
All these definitions vary but all are based on law consists of
enforceable rules governing relationships among
individuals and between individuals and their society.

LAW MAKING:PROCESS

LEGISLATION: The making of law. The act

of enacting or legislating laws.

Difference between Law and Ordinance

Bill----Proposal
Committees of the House
Approval by the Legislature
Assent by the President.

WHY STUDY LAW?

Obvious! Course Requirement
Study of law improves powers of reasoning, clarity
of thought and the ability to analyze and express
complicated ideas
A greater appreciation of the workings of the
system and the parts that ensure its functioning.
Law forms the foundation on which any civilized
society is based. Nature has its own laws. So does
society.
Law effects all aspects of life and society and is the
mechanism for change employed by governments
across the globe.From the protection of life and
liberty, through corporate law to international
relations, the law is the central stage.

PURPOSE OF LAW
Object of law is to maintain law and order
in the country i.e. police functions
Another view limit natural liberty; Man
is born free but is in chains everywhere.
Hindu view , purpose of law is the welfare
of the people in the world and also
salvation after death.
Muslim: the end of the law is to promote
the welfare of man both individually and
socially, not merely in respect of life on
this earth but also life hereafter.

KINDS OF LAW
1.
2.
3.
4.
5.
6.
7.
8.

IMPERATIVE LAW. Imposed upon on men by some

authority. Emphasis on the will and physical force of the
organized political community.
PHYSICAL OR SCIENTIFIC LAW . Laws of science e.g. law of
gravity
NATURAL or MORAL LAW. Universal rules of governance.
Principles of natural justice. Divine Law.
CONVENTIONAL LAW. Rules or regulations of voluntary
organizations e.g. associations, clubs etc.
CUSTOMARY LAW. Customs, practices, traditions with
historical sanction and support e.g. jirga
TECHNICAL LAW. For efficient conduct of business e.g
building laws, laws of health
INTERNATIONAL LAW. Sum of laws and rules recognized
by civilized in their dealings with each other
CIVIL LAW. Municipal Law.

ADVANTAGES AND
DISADANTAGES.
Uniformity and certainty to the administration
of justice.
Avoids the dangers of arbitrary, biased and
dishonest decisions.
Fixed principles protect the administration of
justice from the errors of individual judgment
More reliable than whims, wishes and desires.
1. Rigidity.
2. Conservative
3. Formalism
4. Complex.

ADVANTAGES AND
DISADVANTAGESContd.
Law is of interest to all persons, not just to
lawyers. Those entering the world of
business will find themselves subject to
numerous laws and government regulations.
A basic knowledge of these laws and
regulations is beneficialif not essentialto
anyone contemplating a successful career in
the business world of today.

STARTING BUSINESS
Purpose in starting business is to be
successful. Every business venture contains
certain inherent risks, and any number of
alternatives. Before starting the first thing
to consider the legal form operating under
because has a number of advantages and
disadvantages e.g.:
COMPANY: has a higher tax rates, stricter
laws, elaborate accounting procedures,
legality, forms, statements etc.
PARTNERSHIP require registration of business

STARTING BUSINESS
Contd.
Successful business is a tight hold on
expenditures; anything that does not
make money, protects investment should
not be ventured to especially in the
beginning. The most important element
of eventual success will be the soundness
of planning before starting business.
Success takes planning and planning
involves and includes an understanding
and grasp of Business Laws

STARTING BUSINESS
ENTREPRENEUR: One who initiates and
assumes the financial risks of a new
enterprise and undertakes to provide or
control its management.
Question before entrepreneur what form of
business organisation choose for his
business endeavour: OPTIONS:
1. Sole Proprietorship
2. A Partnership
3.A Corporation (Limited Company)

SOLE PROPRIETORSHIP
Simplest form
Owner is the business
Business without creating a separate business
organisation
ADVANTAGES:
1. Proprietor receives all the of the profits (all risks
assumed)
2. Easier, less costly than to start any other kind of business
3. Entails more flexibility compared to other organistations
4. Free to make any decision concerning the business
5. Pays only personal income tax (relatively less)

SOLE PROPRIETORSHIP
DISADVANTAGES:
1. Alone bears losses or liabilities incurred by the
business
2. Unlimited liability or legal responsibility for
business obligations incurred
3. Opportunity to raise capital is limited mostly to
personal funds
4. Lack of continuity upon death of proprietor.
Automatically dissolved
5. If transferred to family members new
proprietorship created

BUSINESS
BUSINESS LAW IN PAKISTAN
Legal form under which operating
Main forms of business organizations by PRIVATE
sector in Pakistan:
Sole Proprietorship
Partnership
Limited Liability Company
Joint venture: Created in contemplation of a limited
activity or a single activity.
PUBLIC SECTOR. Where the Government undertakes
an enterprise either a statutory corporation or limited
company.
For medium and large scale business in Pakistan
limited company is the preferred form

ADMINISTRATION OF
JUSTICE
A look at the hierarchy and system of courts in
Pakistan.
FEATURES:
Courts are federal and provincial in nature.
System made up differing in levels of legal
superiority
System separated by jurisdiction
STRUCTURE:
Supreme Court of Pakistan
Federal Shariat Court of Pakistan

ADMINISTRATION OF JUSTICE
Contd.
High Courts (one in each Province and in
Capital)
District Courts (one in each District)
Judicial Magistrate Courts (criminal trials)
Judicial Magistrate Courts (every town
and city)
Executive Magistrate Courts (summary
trial)
Civil Judge Court.

ADMINISTRATION OF JUSTICE
Contd.
SPECIAL TRIBUNALS AND BOARDS:
Special and specific purpose
Banking Courts
Services Tribunal
Income Tax Tribunals
Anti Corruption Courts
Anti Narcotic Courts
Anti Terrorist Courts

ADMINISTRATION OF JUSTICE
Contd.
SPECIAL TRIBUNALS AND BOARDS:
Special and specific purpose
Banking Courts
Services Tribunal
Income Tax Tribunals
Anti Corruption Courts
Anti Narcotic Courts
Anti Terrorist Courts

ADMINISTRATION OF JUSTICE
Contd.

Labour Relations Court.

Board of Revenue
Special Magistrate Courts
Consumer Courts

STRUCTURE
SUPREME COURT OF PAKISTAN
Apex Court
Final forum for legal and constitutional issues
Appellate and constitutional jurisdiction
Suo moto powers to try Human Rights matters
17 permanent judges
Permanent seat in Islamabad with Registeries in
Lahore, Karachi,Peshawar and Quetta
Its judges supervised by the Supreme Judicial Council.
Exclusive jurisdiction over disputes between and
among provincial governments
Appellate jurisdiction over the decisions of the High
Courts.

STRUCTURE---Contd.
FEDERAL SHARIAT COURT
Creation of Presidential Order of 1980 to
scrutinise all laws in Pakistan that are against
Islamic values
Examine any law that may be repugnant to the
injunctions of Islam, as laid down in the Holy
Quran and the Sunnah.
If repugnant Court to give notice to Government
Examine any decision of criminal court relating to
application of Hudud
The Courts decisions are reviewed by the
Shariat Appellate Bench of the Supreme Court

STRUCTURE---Contd.
Consists of 8 Muslim judges including
the Chief Justice
Of the 8 judges 3 are required to
Islamic scholars/ulema
The Shariat Appellate Bench of the
Supreme Court consists of 3 Muslim
judges of the Supreme Court and 2
ulema appointed by the President

STRUCTUREContd.
HIGH COURTS:
One in each Province and one in ICT
Appellate courts for all civil and criminal
cases in each respective province
Authority laid down and derived from the
Constitution
Writorder issued commanding a person
to do a certain act therein specified e.g.
writ in the nature of habeas corpus,
mandamus
Appellate jurisdiction over the lower courts

STRUCTURE---Contd
DISTRICT AND SESSIONS COURTS:
Exist in every district of each province
Have criminal and civil jurisdiction.
When hearing a criminal case called the
Sessions Court
When hearing a civil case called the
District Court
District and Sessions Judge has executive
and judicial powers all over the District
Executive matters are brought before the
District and Sessions Judge

STRUCTUREContd.
CIVIL JUDGE/JUDICIAL MAGISTRATE COURTS:
Numerous in every town and city
Local jurisdiction covering one or more police
stations in the area
When hearing civil suits known as Civil Judge
cum Judicial Magistrate
Magistrate (powers u/s 30 of Cr P.C.) hears all
criminal matters other than those carrying death
penalty.
Can pass sentence of up to 7 years imprisonment
If thinks higher sentence deserved then has to
refer to higher court with its recommendations

STRUCTUREContd.
The judges of Tribunals (except Consumer and
Special Magistrate Courts) are of District
and Sessions judges or of having similar
qualifications
OTHERS:
Family Courts: West Pakistan Family Courts
Act 1964. Cases heard in Court of Family
Judge or Civil Judge when no separate Court
Appeal with High Court
Juvenile Courts: Cases heard by Judicial
Magistrates

APPOINTMENT OF JUDGES
SUPREME COURT:
Are made under the provisions entailed in
the 18th Constitutional Amendment
Previously it was made by the President on
the recommendations of the Chief Justice of
the Supreme Court
Following the judgment of the Supreme
Court in Al-Jehad Trust case the President
was bound to act on the recommendations
of the Chief Justice

APPOINTMENT OF JUDGES
Contd.
Now a Judicial Commission (C.J., 2 senior
judges of the S.C., A.G. and Minister for Law)
and will recommend to a Parliamentary
Committee
HIGH COURTS:
Same manner as Supreme Court
DISTRICT AND SESSIONS JUDGES:
Appointed by the relevant High Courts
From a pool of subordinate judges and
lawyers

APPOINTMENT OF JUDGES
Contd.
Lawyers must have at least 10 years
experience as an advocate with good
standing and pass an examination
conducted by the High Courts.
Promotion is of senior civil judges from
the judiciary on seniority basis
CIVIL JUDGES:
Selected after an examination
conducted by the Provincial Public
Service Commission

Appointment of Judges--Contd
Competitive exams are held annually
The High Court then appoints on the
recommendations of the Public
Service Commissions
Open to candidates with a law (LL.B )
degree and 3 years experience as an
advocate