INTRODUCTION A crime is an act committed or omitted in violation of public law forbidding or commanding it. In Pakistan, where the whole criminal law is enacted and codified, crime means an act punishable by the Pakistan Penal Code or other penal statutes. DEFINING THE TERM CRIME In a Literal Sense, Crime means: Activities … Read more
INTRODUCTION The word “Tort” is a French word. It is derived from the Latin word “Tortum” which means “to twist” or “wrong”. A tort is a civil wrong for which a remedy is available to the wronged person in the civil courts. For example, a duty of care to other road users is imposed by law … Read more
AGREEMENT Introduction An agreement is a mutual understanding between two or more persons about their relative rights and duties regarding past or future performances; a manifestation of mutual assent by two or more persons. Definition Section 2(e) of the Contract Act defines an Agreement as follows; An agreement is every promise and every set … Read more
INTRODUCTION Marriage or Nikah is a civil contract, which is made by parties for the sole purpose and object of benefiting themselves according to Shariat it is a method to legalize the cohabitation of a man and a woman, and issues out of this union are legitimate. Under Islamic Law, a contract of marriage, need … Read more
INTRODUCTION Theories of punishment have been propounded by various jurists at different ages of time. An authentic theory in this regard has been a subject of debate for many centuries. With time, various theories have been proposed with special reference to contemporary legal systems. Each theory has its own particular merits and demerits. DEFINITION … Read more
INTRODUCTION It is a general rule that all persons who suffer from a tort can sue and all persons who commit a tort can be sued in tort. This rule is based on equality before the law guaranteed by Article 25 of the Constitution of Pakistan 1973. Certain persons or bodies cannot sue, whilst others … Read more
Preface Consideration is something in return for something. In the eyes of the law, consideration means some rights, interests, or benefits accruing to one party and certain responsibilities undertaken by the other. Relevant Provisions Sections 2(d), 23, 24, 25, 127, and 185 of the Contract Act, of 1872 deal with consideration in a contract. … Read more
INTRODUCTION Talaq is one of the modes of dissolution of the marriage tie of the husband and the wife It is the right of the husband to dissolve the marriage. Divorce is a vexed question in Islamic law. Talaq or divorce is regarded by Holy Prophet (PBUH) to be the “most detestable before Allah of … Read more
INTRODUCTION Liability is the bond of legal necessity that exists between the wrong-doer and the remedy of the wrong. It has its source in the supreme will of the state. A. VICARIOUS LIABILITY According to Fleming: Vicarious liability is a principle where the law holds one person responsible for the misconduct of another. BASIS … Read more
INTRODUCTION Damages are Remedies are some important concepts in Tort Law. two types of remedies are available to the victim of a tort. They are classified into the following two categories (a) Judicial Remedies and (b) Extra-Judicial remedies. Damagés and injunctions are merely two different forms of remedies against the same wrong. The third remedy … Read more
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