Law
Law legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
General law was one that was unrestricted in terms of its applicability to all issues covered by its subject matter, whereas special law may be restricted to certain localities, persons or types of cases
Whether a law was general or special depended on the particular features of the statute in issue and was ultimately a question of relativity between two or more statutes on the common subject matter.
General law was one that was unrestricted in terms of its applicability to all issues covered by its subject matter, whereas special law may be restricted to certain localities, persons or types of cases
Whether a law was general or special depended on the particular features of the statute in issue and was ultimately a question of relativity between two or more statutes on the common subject matter.
No law could be made inoperative through obsolescence as long as it was in the field.
Law could endure and stay efficacious if it was not abstract and socially unrelated; it became all the more enduring and efficacious if it pulsated from the soil and reflected indigenous conditions around
Law, thus, evolved not only catered for what people needed for their peaceful co-existence but also endured till the time the conditions around changed
On the contrary a law which was a patchwork of imported patches could neither cater for the legitimate needs of the people nor stay efficacious because of its feeble basis and frequent violation.
Procedural law had immense significance and the true purpose and object of such law, was not merely a technical aspect of the law which should be reckoned as a mere formality, rather procedural law was meant to cause uniformity, discipline, parity and systemization in conducting the trial of the case, in the absence whereof, it shall not be possible for the courts of law to adjudicate the matter in accordance with law and to do justice according to law
Following the procedure prescribed by law in letter and spirit was bounden duty of the courts and also the litigants, as failure to do the same shall result in indiscipline and disarray in proceedings of the trial of a case.
In a true democratic State, it was in the courts and not in the legislature that the citizens of such a State primarily felt the keen, cutting edge of the law
Actual law, be it enacted or customary, was what the courts interpreted and finally enforced.
Principles.
Such expression would include legislative Act, subordinate legislation in nature of Rules and notifications issued under authority of legislative Act
Executive directions issued from time to time would not fall within purview of "law".
Such term is of wider import, which includes duty of every public functionary to act in the matter justly and fairly and in accordance with principles of natural justice.
Term law got only included the provisions of the statutes, but also the judicial principles decided by the Court through case-law
In case an authority would act in violation of principles laid down by a Court in a decided case, the impugned action would be unlawful and without jurisdiction.
Word "law" means not only statutory and delegated legislation but also judge-made law.
Law is enacted and rules are framed to be complied with and not to be violated.
Whole scheme of codified law was that there should be adjudication of a dispute in one forum, which was necessary to avoid contradictory decisions and to give finality to decisions.
Law is for the welfare of the people and is not intended to harass and deprive them of what they have unless they were amiss or that was for general good.
Definition.
Private law regulates affairs of citizens between themselves; Public Law regulates affairs of citizens vis-a-vis public authorities.
Law which does not take care of all elements of justice in the problem it deals with, does not command acceptability.
Law with the passage of time must adopt progressive course, unless expressly or impliedly prohibited.
Law does not mean only the statute Law but also includes the principles which are laid down by judicial pronouncements of the superior Courts.
Undue stress on "generality of law" is a legacy left by exponents of Natural Law School who believed law as of "universal application because Laws of Nature are "physical laws" are so, and are by definition without exception.
Art. 98-Writ-LawValidity-Argument that validity of a law could be called into question only by a writ petition - Held, without substance.
Law -Source-Force as source of law-Revolution of 71h October 1958-[The State v. Dosso and another P L D 1958 S C (Pak.) 533; Willoughby "Government of Modern States" pp. 118-119; "Modern Constitutions" p. 75 and "Social Contract" by Rousseau ref.]
Law Amendment of, pending judicial interpretationdeprecated.
"Law", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/2968
Precedents & Case Laws citing "Law"
2018 S C M R 1891
PAKISTAN BAR COUNCIL through Chairman and others — Petitioners Versus FEDERAL GOVERNMENT through Establishment Division and others — Respondents
Court: Supreme Court of Pakistan2019 S C M R 389
PAKISTAN BAR COUNCIL through Chairman and others — Petitioners Versus FEDERAL GOVERNMENT through Establishment Division and others — Respondents
Court: Supreme Court of PakistanP L D 1961 (W
GULAB DIN‑Petitioner Versus MAJOR A. T. SHAUKAT AND OTHERS‑Respondents
Court: (d) Martial Law‑Only "Martial Law Authorities" not subject to writ jurisdiction of High Court‑Orders of other members of 9' Armed Forces not Immune to scrutiny by Court‑Laws (Continuance in Force) Order (I of 1958), Art. 2 (5)‑That High Court orders might possibly be ignored not a relevant consideration in taking decisions permissible under law‑Zahid Umar & Company v. Chief Secretary, West Pakistan P L D 1959 Lah. 764 ref:P L D 1981 Supreme Court 120
[Shariat Bench] Versus Mst. FARISHTA‑Respondent
Court: Shariat BenchP L D 1969 Lahore 786
Malik MIR HASSAN AND ANOTHER‑Petitioners Versus THE STATE‑Respondent
Court: (c) Martial Law Regulation (1969) C. M. L. A.'s No. 42 read with Proclamation of Martial Law, 1969, para. S and Provisional Constitution order, 1969, Art. 6, cl. (2)‑High Court's jurisd4ction to entertain petitions under S. 561‑A, Cr. P. C.‑Intact ---Power or jurisdiction of High Court‑Neither whittled down nor curbed by Regulation No. 42.P L D 1978 Lahore 766
MAPAL KHAN-Petitioner Versus MARTIAL LAW ADMINISTRATOR. ZONE "A", LAHORE AND 3 OTHERS-Respondents.
Court: (a) Martial Law Order (C. M. L. A.'s) 3 of 1977-P L D 1978 Quetta 177
KHUDIADAD-Petitioner Versus DEPUTY MARTIAL LAW ADMINISTRATOR, ZONE `D',
Court: (a) Laws (Continuance in Force) Order C. M. L. A.'s Order No. 1 of 1977P L D 1960 Supreme Court (Pak
MUHAMMAD AYUB KHUHRO-Appellant Versus PAKISTAN, THROUGH THE MINISTRY OF INTERIOR GOVERNMENT OF PAKISTAN AND TWO OTHERS
Court: (c) Laws (Continuance in Force) Order (I of 1958), Art. 3 (if) read with Art. 2-Court cannot declare a Martial Law Regulation or Martial Law Order invalid or ultra vires-Questioning an order made under a Martial Law Order-Whether or not amounts to questioning Martial Law Order itself-Chowdhury Manzur Elahi v. The State P L D 1959 Lah. 243 not approved.P L D 1959 Baghdad ulJadid 7
ALLAH DIWAYA‑Appellant Versus THE STATE‑Respondent
Court:P L D 1993 Karachi 93
Messrs NAJIB ZARAB LIMITED‑‑Petitioner Versus GOVERNMENT OF PAKISTAN through the Secretary
Court: