Strict liability
Strict liability legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
While due process and the right to a fair trial were embedded in Art. 10A of the Constitution, the objective of such Constitutional protection was to achieve justice and in cases of strict liability, where damage to the environment was irreversible and permanent, immediate action was fortified in order to prevent irreparable damage
In such cases it was necessary to take precautionary measures, which did not immolate or infringe the right to fair trial or due process, but simply ensured that a harm or hazard did not continue during the time spent in due process.
Patent infringement was a wrong of strict liability: it required no knowledge or intention on the part of the alleged infringer, whose state of mind was wholly irrelevant to the issue of whether he infringed the patent
Fact that the alleged infringer did not know of the existence, contents or effect of the patent was completely irrelevant to the question of infringement, even if he had thought the invention up for himself
Logically a person who, while wholly innocent of the existence, contents or effect of the patent, could nonetheless be secondarily liable if he assisted the primary infringer in his patent-infringing acts.
"Strict liability", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124945136
Precedents & Case Laws citing "Strict liability"
2020 C L C 1840
TAJ ALI KHAN and others — Appellants Versus Dr. KHALID MAHMOOD — Respondent
Court: Peshawar (Mingora Bench)2005 M L D 1556
Mst. FARZANA PARVEEN — Plaintiff Versus KARACHI ELECTRIC SUPPLY CORPORATION through Chairman — Defendant
Court: Karachi2003 P T D 2264
N/A
Court: Customs, Central Excises and Sales Tax Appellate TribunalP L D 2002 Lahore 458
M. ANWAR SAIFULLAH KHAN‑‑‑Appellant Versus THE STATE‑‑‑Respondent.
Court:P L D 1958 Dacca 188
DALURAM BAHANI‑Petitioner Versus THE STATE‑Opposite‑Party
Court: The very fact that the petitioner had been found to be in possession of, a quantity of rice much beyond his normal requirement would lead to the presumption that he had the requisite mens rea. pp. 194, 195,'196B, C & D Srinivas Mall Bairoliya and another v. The King‑Emperor 51 C W N 900 (906) ; Sherras v. De Rutzen (1895) 1 Q B 918 (921) `; Isak Solomon Macmull v. Emperor A I R 1948 Bom. 364 and Moslemuddin v. Chief Secretary P L D 1957 101 refP L D 2017 Islamabad 370
Rana IMRAN LATIF — Appellant Versus THE STATE — Respondent
Court: High Court2014 C L D 473
VESTERGAARD FRANDSEN A/S (now called MVF 3 ApS) and others — Appellants Versus BESTNET EUROPE LIMITED and others — Respondents
Court: Supreme Court of UK*2014 S C M R 381
VESTERGAARD FRANDSEN A/S (now called MVF 3 ApS) and others — Appellants Versus BESTNET EUROPE LIMITED and others — Respondents
Court: Supreme Court of UK*2026 S C M R 947
SHAISTA QAISER — Petitioner Versus ALTAF AHMAD KHAN and another — Respondents
Court: Supreme Court of PakistanP L D 2013 Sindh 117
Syeda WAHEEDA SHAH — Petitioner Versus ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner and 4 others — Respondents
Court: High Court