The Islamia University of Bahawalpur, Pakistan

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LLB, PART-I Affiliated Law College of LAW (ANNUAL SYSTEM) PAPER-1: ISLAMIC JURISPRUDENCE. (100 Marks) COURSE CONTENTS. 1. History of the growth of the Muslim legal system. 2.

1 LLB, PART-I Affiliated Law College of LAW (ANNUAL SYSTEM) PAPER-1: ISLAMIC JURISPRUDENCE. (100 Marks) COURSE CONTENTS. 1. History of the growth of the Muslim legal system. 2. Sciences of Law, law and Classification of Laws. 3. Sources of Law. a. The Quran and the Traditions. b. Ijma and customs. 4. Juristic Deduction. a. Qiyas or Analogy. b. Istehsan or Juristic Equity. c. Istedlal. d. Ijtehad and Taqlid 5. Acts, Rights and Obligations. 6. Legal Capacity. Ownership and possession. 7. Family laws. 8. Torts and Crimes. 9. Punishments. 10. Procedure and Evidence. 11. Constitutional and Administrative Law. 12. The Law regulating relation between Muslim and Non Muslims. 13. Muslims Scholars PAPER-II: ENGLISH JURISPRUDENCE (100 MARKS) COURSE CONTENTS: 1. The Science of Jurisprudence as subject: a. Meanings. b. Definition. c. Kinds of Jurisprudence. d. Relation of Jurisprudence with other social sciences. 2. The Nature of Law and Law. 3. The administration of justices & State. 4. The source of Law. 5. Legislation. 6. Precedent. 7. Custom. 8. Legal Rights. 9. Ownership. 10. Possession. 11. Persons. 12. Titles. 13. Liability, Intention and Negligence. 1

2 14. The Law of Property. 15. The Law f obligation. 16. The law of procedure. 17. The theory of sovereignty, Division of Law, the territory of the state. PAPER-III: CONSTITUTIONAL LAW-I (100 MARKS) 1. The British Conpstitution 50 marks 2. The Constitution of the USA 50 marks Course contents All contents of British and Constitution of United States is given as under: Principles of British Constitution: 1. Salient features of the British constitution. 2. Difference between Constitution & Constitutional Law. 3. Sources and nature of the British Constitution. 4. Separation of powers. How for it is presented in British constitution. 5. The Rule of Law. 6. Parliamentary Supremacy. 7. British Constitutional conventions 8. Royal Prerogatives (crown). 9. British Cabinet. British Parliament. 10. Privileges of the Parliament. 11. Fundamental Rights for example freedom of person and property. 12. Fundamental Rights for example Freedom of Person and Property. 13. Liberty of Expression etc. 14. Judiciary. 15. Local Government. 16. Political parties. Constitution of United States: 1. Brief History of Conventions leading to the passing of American Constitution. 2. Important Characteristics/Salient Features. 3. Human Rights bill-civil Liberties. 4. Ratification of the Constitution. 5. Congress, its two Houses- Legislative procedure. 6. Senate and effectiveness of its control. 7. Separation of powers. 8. President-His election, powers and checks on him. 9. i. Judiciary-its role in the development of constitution. ii) Rigidity-Procedure of amendments. Note: In the US constitutions please add the topic of Judicial Review in the course contents. PAPER-IV: LAW OF CONTRACT (100 MARKS) 2

3 1. Contract Act Marks 2. The Sale of Goods Act Marks 3. The Partnership Act Marks According to the new scheme the paper will now include the partnership Act The distribution of marks will be as under: 1. The General Principals of Contract. 2. The Contract Act The Sale of Goods Act The Partnership Act 1932 COURSE CONTENTS Contract: 1. Preliminary/General Principles. 2. Formation of the contract. 3. Communication. Acceptance and Revocation of Proposals. 4. Contracts Void able Contracts and Void Agreements 5. Contingent Contracts. 6. Performance of Contracts. 7. Of Certain relations, resembling those created by contracts. 8. The Breach of Contract and the consequences. 9. Indemnity and guarantee. 10. Bailments. 11. Agency. 12. Sale of Goods. SALES OF GOODS 1. General Principles. 2. Formation of the contract of sale 3. Subject- matter of the Contract 4. Conditions and Warranties 5. Sale by Sample and Description 6. Auction Sale 7. Transfer of Property 8. Delivery and payment of Price. 9. Title 10. Performance of the Contract 11. Rights of Unpaid Seller 12. Breach of the Contract. The Partnership Act, General Principles of partnership 2. Nature and scope 3. Difference between partnerships and other associations 4. Rights and Duties of partners to on another 5. Relations of partners to third parties 6. Incoming and outgoing partners 7. Dissolution of firms 8. Registration of firms and its effects The partnership Act of

4 PAPER- V: LAW OF TORTS AND EASEMENT (100 MARKS) Course contents 1- Law of Torts (80 Marks) 2- Easement Act of 1882 (20 Marks) 1. Definition of Tort 2. Difference between Tort and Crime; Tort and Breach of contract. 3. Essentials of Tort. 4. Personal Disabilities 5. Discharge of Tort 6. Exceptions of Tort 7. Master and Servant 8. Remedies 9. Measurement of Damages 10. Remoteness of Damages 11. Defamation Essential of Libel and Slander, Defenses 12. Negligence and contributory Negligence 13. Nuisance, public Nuisance and private nuisance 14. Malicious prosecution 15. Fraud and Misrepresentation. 16. Assault Battery and malice 17. Wrongful imprisonment. EASEMENT ACT (V of 1882) (with commentary) as amended up-to-date Books Recommended. 1. Wind field 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. 6. Easement Act of 1882 with commentary. PAPER-VI: CRIMINAL LAW (100 MARKS) 1. General Principles of Criminal Law 20 Marks 2. The Pakistan Pendal Code, Marks 3. Hudood Laws of Pakistan 20 Marks COURSE CONTENTS. Definition of Crime, Nature and History of Crime, cause of crime, Crime and Tort. Functions of Criminal Law, Criminal Liability. Actus reus, Mens, rea, Intention, knowledge, motive, Principles of participation, negligence, Recklessness, Strict liability, General defenses, Preliminary 4

5 offences, Sexual offences, Assault, Battery, Hurt, homicide, offences against property. The Law as contained in Pakistan Code & Hadood Ordinance. Pakistan Penal code, The Pakistan penal Code, 1860 omitting the following chapters. 1. Chapter VII ( offences relating to the Army, Navy and Air Force ) 2. Chapter IX-A ( Offences relating to Elections) 3. Chapter XII ( offences relating to Coins and governments stamps) 4. Chapter- XIII ( offences relating to weights and measures ) 5. Chapter XIV ( offences affecting the public health safety convenience decency and morals. 6. Chapter- XIII ( offences relating to documents and to trade or property marks) Hudood Laws COURSE CONTENTS As laid down in Hudood ordinances LLB, PART-II PAPER-I: CONSTITUTIONAL LAW-II(100 MARKS) Course contents: 1. Constitutional History of Pakistan 40 Marks. 2. Constitutional of Pakistan, Marks. 1. Constitutional History of Pakistan. Salient features of the Government of India Act, Objectives Resolution. Report of the Basic Principles Committee. Salient features of the 1956 and 1962 constitutions. Legal framework order, The Interim Constitution of 1972 The PCO of 1981 The RCO of The Eighth Amendment. Cases: 1. Maulvi Tamizuddin Khan v. Federation of Pakistan PLD 1955 Sind 96. 5

6 2. Reference by the Governor-General PLD FC State V.Dosso PLD 1958 SC Usif Patel v. Crown PLD 1955 FC Begum Nusrat Bhutto v.chief of the Army staff PLD 1977 SC Hakim Khan v. Government of Pakistan Pld. 7. Nawaz Sharif v. President of Pakistan PLD 1993 SC Benait Bhutto v. The President of Pakistan PLD 1992 SC Khawaja Muhammad Sharif, PLD 1988 Lah, Federal of Paistan v, Haji Saif Ullah Khan PLD 1989 SC Khawaja Ahmad Tariq Rahim PLD 1992 SC Benazir Bhutto v. President of Pakistan PLD 1998 SC Asma Jilami v. Government of the Punjab PLD 1972 SC

7 PAPER- II : EQUTIY ( 100 MARKS) 1. Principles of Equity including 40Marks Maxims of Equity 2. Trusts Act, Marks 3. The Specific Relief Act, Marks Course contents History and Growth of Equity in England Judicature Acts of 1973 and 1975 Maxims of Equity PAPER III: COMPANY LAW (100MARKS) Companies Ordinance Marks Negotiable instruments Act, Marks 1. Companies ordinance Marks All Provisions of the companies Ordinance The Negotiable Instruments Act Marks (All Provisions of Section 1-60, 82, 85-A and of the Act) Course contents Company Law Historical background Kinds of Companies Difference between a company and other associations Formation of company Promoters, pre-contracts Articles and Memorandum of Association Prospectus Membership Capital, Shares, Stock, Mortgages Management, Directors Meeting Resolutions Audit and Accounts Winding up Kinds Consequences of winding up and dissolution Negotiable Instruments (All provisions of the section 1-60, A and of the Act) PAPER IV: LAW OF TRANSFER OF PROPERTY 100 Marks 1- The transfer of Property Act, Marks 2- The registration Act, Marks 7

8 3- The Succession Act, Marks 4- Land Acquisition Act, Marks Course Contents 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- Other good Commentaries on Relevant Acts. PAPER- V: MUSLIM PRESONAL LAW 100 Marks Break up and Course Contents. 1- Muslim Personal Law and Law of Inheritance, in light of the Qur anic Verses and relevant enactments such as, i- The Dissolution of Muslim marriages Act, 1939 ii- The Muslim Family Laws Ordinance, 1961 iii- West Pakistan Muslim Personal Law (Shariat) Application Act, Marks 1- Dower 2- Dissolution of Marriage. 3- Divorce. 4- Iddat. 5- Maintonance. 6- Parentage Leqitmacy and acknowledgement. 7- Guardianship of Person and property. 8- Gifts. 9- Wakfs 10- Wills. 11- Inheritance-General Rules. 12- Hanfi Law of inheritance. 13- Shia Law of inheritance. 2- The Guardian and Wards Act (Section 1 to 51) 20 Marks Books Recommended. 1- Outlines of Mohammadan Law by A.A. Fyzee. 2- Islamic law Theory and Practice by Aziz Ahmad. 3- Islamic law by D.F. Mulla. 4- Studies in Muslim Law, By N.U.A. Siddiqui. 5- Islamic law, by Syed Amir Ali. 6- Islamic law, by Hamid Ullah. Paper-VI: PUBLIC INTERNATIONAL LAW OR 100 Marks 8

9 PRIVATE INTERNATIOAL LAW Course Contents. 1- Nature, origin and Basis of international Law. 2- Material Sources of international Law. 3- Subjects of international Law. 4- Relation between international and State Law. 5- States in General. 6- Recognition. 7- State Territorial Sovereignty. 8- State Jurisdiction. 9- State Responsibility. 10- Succession to Rights and obligations. 11- The State and the individual. 12- The State and the economic interest. 13- Diplomatic Envoys, Councils and other Representatives. 14- The Law and practice as to Treaties. 15- The international Disputes. 16- War, Armed Conflicts and other Hostilities. 17- Neutrality. 18- International Humanitarian Law. 19- International institutions. PAPER-VII: SPECIAL AND LOCAL LAWS Break-up 1- Land Revenue. 2- Pre-Emption Laws. 3- Tenancy Laws. Course contents. All Provisions given in the relevant Acts. Note: Law Colleges in Punjab, Sindh, NWFP and Balochistan may include Land Revenue Acts, pre-emption Act (if any) and Tenancy Act of their respective provinces. 9

10 LLB, PART-III PAPER-I: LAW OF CIVIL PROCEDURE All provisions of the Civil Procedure Code and Limitation Act. 1- The Civil Procedure Code The Limitation Act Books Recommended. 1- Civil Procedure Clde Commentary, by Aamer Raza A. Khan 2- Civil Procedure Code, Commentary, by Nizami. 3- Limitation Act 1908, Commentary by A.M. Chaudhry. 4- Limitation Act 1908, Commentary by Prof. Dr. C.M. Hanif PAPER-II: CRIMINAL PROCEDURE CODE AND MEDICAL JURISPRUDENCE 1- The Criminal Procedure Code Medical Jurisprudence Course Contents. 1- All provisions of Criminal procedure code 1908 as amended uptodate. 2- Medical jurisprudence with reference to Autopsy and physical injuries. Books Recommended. 1- Criminal procedure code; Commentary by M.H. Nizami. 10

11 2- Criminal procedure code; by Shaukat Mahmood. 3- Criminal procedure coed; Commentary by Dr. C.M. Hanif. 4- Medical jurisprudence, by Jhala & Raja. 5- Medical jurisprudence for India, by Lyon, I.B. 6- Textbook of Medical jurisprudence & Toxicology; by Modi. N.J. 7- Textbook of Medical Jurisprudence & Toxicology; Parikh. 8- Medical Jurisprudence, by Toxicology PAPER-III: LAW OF EVIDENCE AND LEGAL ETHICS 1- Qanoon-e-Shahdat Order, Qanoon of Ethics including the Pakistan Bar Council Rules, 1976.on the subject. Course Contents 1- All the provisions of Qanoon-e-Shahhdat order 1984 as amended up to-date. 2- General principles of Legal Ethics. PAPER-IV: LEGAL DRAFTING AND ANTER-PRETATION OF STATUTES 1- Convincing. 2- Pleading. 3- Law of interpretation The paper Conveyancing Pleadings and interpretation of Statutes has been renamed as above and will consist of the following. 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. Waish and J.C Weir. 3- Dastaweznavisi by penne Lal in undu, (Latest Edition) only the following 75 forms are prescribed. 1- Receipts No Bonds No Agreement Mukhtarnama Biannama Rahn Nama Exchange Hiba Nama Talak Nama Wills Partnership Dead Dedicatiion Settlement

12 14- Bonds Adoption Marriage Arbitration Notice Musawade Promissory Note Patta 1-6(b). Law of interpretation of Statutes: Section 6,16,21 and 26 of General Clauses Act and course as contained in the book namely, Law of interpretation, by Maxwell and Craze. Books Recommended. 1- Law of pleading; by Inaytullah 2- Conveyancing; by Inaytullh 3- Pleadings in India with precedents, by Sir C.Waish & J.C.Weir. 4- Dastawezavisi by Penna Lal in Urdu (Latest Edition). 5- Drafting by I.C. Desouza (Omitting Chapters I & II Part-II (Major Petitions to Courts). 6- Law of interpretation, by Maxwell and Craze. 7- International of Statutes, by Chowchry. 8- International of Pakistan Statues, by Kazi Mohd Ashraf. 9- Interpretation of Statutes; by Mazharuddin Ahmad. Note: Besides the above forms, students shall be expected to be familiar with drafting of plaints. Written statements and applications for execution in Urdu language. PAPER-V: ADMINISTRATIVE LAW 1- Administrative law 2- Law of Services Tribunals. Course Contents. General and basic principles of Administrative law, basic principles of law of Civil Services. Books Recommended. 1- Principles of Administrative law, by Griffth, J.A.G. 2- Principles of Administrative; by, Jain M.P. 3- Principles of Administrative law; Yasrdley. D.C.M. 4- Administrative law; by Faukes, David. 5- Civil Services law and practice, by Masud-ul-Hassan. 6- Manual of Civil Services law, by Janjua, Z.I. 7- Civil Service laws, by Nisar Ahmad. ELECTIVE OPTIONALL PAPERS. Students will be required to choose two out of the following six papers. 1. Intellectual Property Laws. 12

13 2. Environmental Laws. 3. Banking Laws. 4. Labour and taxation Laws. 5. Criminology. (The detailed breakup will be provided in due course of time Minor Acts. 1. The Stamp Act, Marks 2. The Suit Valuation Act, The Court Fees Act, The Arbitration Act, Urban Rent Restriction Ordinance, 1959 PAPER-V: ADMINISTRATIVE LAW. Please omit the opening sentence. 1. IP Law. (Syllabus prepared by Pipra). 2. Course contents and books recommended: OPTIONAL PAPER-II INRTWELLECTUAL PROPERTY LAWS (ANNEX-B). The course will consist of four components in relation to the laws relating to patents. Designs, Trade Marks and Copyrights. PATENTS, DESGN, TRADE MARKS AND COPYRIGHT LAWS INTRODUCTION TO INTELLECTUAL PROPERTY LAWS. A brief overview of the term intellectual property a comparison between its four branches sand definitions thereof. PATENTS LAW 1. PROCEDURE FOR OBTAINING A PATENT Concept of novelty, patentable inventions, procedure for obtaining patent rights, term and renewals. II. EFFECTS OF OBTAINING PATENT RIGHTS Privileges of acquiring patent rights such as assignments, licensing and infringement proceedings, revocation of patents. DESIGN LAW III. PROCEDURE FOR OBTAINING A DESGN REGISTRATION Concept of novelty and originality, procedure for obtaining design protection, term and renewals. IV. EFFECTS OF OBTAINING DESIGN RIGHTS 13

14 Privileges of acquiring design right such as assignments. Licensing and infringement proceedings, cancellation of registered designs. TRADE MARKS LAW V. PROCEDURE FOR OBTAINING REGISTRATION OF A TRADE MARK. Procedure for obtaining registration with reference to goods and services, distinctiveness of a trade mark and prohibition as to registration; opposition and rectification proceedings, duration and renewal of registration. VI. ENFORCEMENT OF TRADE RIGHTS Infringement proceedings, passing off action. VII. ASSIGNMENT, LICENSING AND REGISTERED USERS. Assignment of registered and unregistered trade marks, standard terms and conditions of a license agreement, registration of registered user, and right of registered user to file infringement proceedings. COPY RIGHT LAW VIII. COPYRIGHT, OWNERSHIP OF COPYRIGHT AND RIGHTS F THE OWNER Works in which copyright subsists, first owner of copyright, term of copyright. IX. REGISTRATION AND LICENSING OF COPYRIGHT Procedure of obtaining copyright registration, registration of assignment, licenses by owners and compulsory license. X. Enforcement Of Copyright When copyright infringed, certain acts not infringement of copyright, powers and functions of copyright board. XI. INTERNATIONA TREATIES AND CONVENTIONS TRIPS agreement, Paris convention, patents cooperation treaty universal convention on copyrights, berme convention, etc. XII-LEADING CASES References Patents 1. Patents for inventions. Fifth Edition by T.A. Blanco While. 2. Terrell on the Law of Patents 3. Fifteenth Edition. 4. Intellectual property (third Edition). Designs 14

15 1. Russel clerks on copyrights and industrial Designs by Michael Fysh (Fifth Edition) Trade Marks 1. Trade and Merchandize marks Act by Dr. S. Ventkateshwaran. 2. Kerly on Trade Marks and Trade Names. 3. Law of Trade marks and passing-off by P. Narayanan. Copyright 1. Copyright law by P. Narayanan, published by Eastern law House, Calcutta. 2. International copyright by Stewart. 3. Stone James and Copinger on Copyrights. 2. Environmental Law PROVISIONAL Course outline, Environmental Law, LL.B. Level 3 Annex-A Provisional Course Outline. Environmental Law LL.B. Level Marks 90 Lectures I). Introduction-07 lectures. 1. Introduction. 2. Historical background. 3. Practical significance/multidisciplinary aspect connection with human rights. 4. Sources Ethics. Islamic Provisions on environmental law. Word Conservation Stately National conservation strategy. Provincial conservation Strateges. National Biodiversity Action Plan. 5. Principles. Precautionary. Polluter pays. Inter-generational equity. Prevention. Cooperation/mutual assistance. Sovereignty. 6. Theories of enforcement and compliance. II) International 40 Lectures Soft Law (e.g. Stockholm Rio) 1. Multilateral agreements Biodiversity (5 conventions) 15

16 Marine (E. g, Los MARPOL) Desertification (CCD) Climate (e. g FCCC, Kyoto) Air (e.g. Vienna Montreal) Waste (e.g., Basel) Nuclear Trade (e.g. 3. Dispute Resolution International (Continued) 4. INGOs ISO III. Regional-5 lectures 1. Soft Law (e.g. Langkawi Declaration). 2. Agreements. ASEAN S.Asian Regional Seas. Indus Basin Commission Mekong River Commission Marine Turtles. Aquaculture Antiquities 2. Institutional infrastructure ASEAN SAARC Law SACEP UNEP/ ESCAP IV. National 35 Lectures 1. Constitutional 1956, 1962, Statutory a) federal 1983 Ordinance PEPA 1997, NEQS Sectoral b) Provincial 3. Case Law / common Law 4. Institutional infrastructure a) Federal PEPC EPA Judiciary b) Provincial EPA Sustainable Development Funds 16

17 Tribunals 5. Enforcement / compliance IV. National (continued) i. Theory Market instruments ii. Practice 6. Techniques iii. Elate iv. Procedural/ Practical v. Conclusion- 3 lectures 1. Limitations Law reform Banking Laws. Course Contents: Relevant provisions of the following Laws. 1. The state bank of Pakistan Act The Banking Companies -Ordinance, The Banking Tribunals Ordinance The Modarba companies and Madera (Flotation and control) Ordinance The Banks ( Nationalization ) Act 1974, as amended 6. The Banking companies ( Recovery of loans Advances credits and finances) Act, Labour and Taxation Laws 60 Marks 40 Marks a) Labour Laws the workman compensation Act The factories Act The Industrial Relations Ordinance (The WP Standing orders have been replaced by the factories Act ) b) Taxation Laws The Income Tax Ordinance 1979 as amended. Minor Acts. Criminology: Details to be added. 17

Legal Practice LAW 481-B Spring 2014

Legal Practice LAW 481-B Spring 2014 Instructor Room No. Office Hours Email Khawaja Aamer Farooq farooquelaw@yahoo.com Telephone 0321-4454041 TA Shams-ul-aaqib Minhas (03213657166) TA Office Hours Course