LAW-GAT cheat sheet

The Pakistan Bar Council (PBC) is the apex statutory body for the legal profession, constituted under the Legal Practitioners and Bar Councils Act, 1973; a Provincial Bar Council exists for each province (Punjab, Sindh, Khyber Pakhtunkhwa, Balochistan) and for Islamabad.

The Legal Practitioners and Bar Councils Act, 1973 governs enrolment, discipline and professional conduct; the PBC frames rules on legal education, and the Higher Education Commission separately accredits law degree programmes and universities.

Eligibility to appear in the Bar admission examination generally requires an LL.B. from a recognised university plus a certificate of character and the required practical training/vocational course; the exact conditions are set by PBC rules and must be checked against the current scheme.

The PBC conducts the Bar admission (advocate enrolment) examination and issues the Certificate of Enrolment; only after enrolment may a person act or plead as an advocate before courts.

Advocates are enrolled in two classes: advocate (entitled to practise before subordinate courts) and advocate of the High Court; enrolment as an advocate of the Supreme Court requires separate qualification and experience under the Act and rules.

Discipline is exercised by the Bar Councils: the Provincial Bar Council hears complaints of professional misconduct in the first instance, with appeal to the PBC; penalties include reprimand, suspension and removal from the roll.

Professional conduct rules bar advertising and touting, require maintenance of client confidences, prohibit appearing against a former client in a related matter, and require the advocate to deposit client money in a separate account.

The Pakistan Bar Council Legal Education Rules prescribe minimum faculty, library, moot court and admission standards for law colleges; violation can lead to non-recognition of the degree for enrolment purposes.

Continuing legal education and the Bar's vocational training programmes are PBC initiatives; failure to complete mandatory training can delay or bar enrolment.

The Constitution of Pakistan, 1973 establishes a parliamentary federal system; Article 1 names Pakistan a Federal Republic and the Objectives Resolution is a substantive part of the Constitution (Article 2A).

Fundamental rights are in Articles 8-28; Article 8 makes any law inconsistent with fundamental rights void to the extent of inconsistency, and Article 8(2) bars the State from taking actions that violate those rights.

Article 25 guarantees equality before law and equal protection of law; Article 25(2) permits affirmative action for women and children, and Article 26/27 prohibit discrimination in public employment and access to public places on grounds of religion, race, caste, sex, residence or place of birth.

Article 9 (right to life and liberty) has been expansively read to include a clean environment, health, education and due process; Article 10 safeguards arrest rights, and Article 10A guarantees the right to a fair trial.

Article 199 confers writ jurisdiction on High Courts (certiorari, mandamus, prohibition, quo warranto, habeas corpus); Article 184(3) gives the Supreme Court original jurisdiction in matters of public importance involving fundamental rights.

Article 175 separates the judiciary from the executive; judicial review of constitutional amendments is limited, but the Supreme Court has held that the basic structure/salient features of the Constitution cannot be abrogated.

The President is a constitutional head acting on the advice of the Prime Minister (Article 48); the Prime Minister and Cabinet are collectively responsible to the National Assembly (Article 91).

Emergency provisions are in Articles 232-234 (proclamation of emergency, suspension of fundamental rights under Article 233); Article 245 covers the armed forces acting in aid of civil power.

Article 227 requires that no law shall be repugnant to the injunctions of Islam, and the Council of Islamic Ideology advises on repugnancy; Article 203 establishes the Federal Shariat Court.

The Contract Act, 1872 governs contracts in Pakistan. Section 2(h): a contract is an agreement enforceable by law; Section 10 requires free consent, lawful object and lawful consideration, and competence of parties.

Section 2(a)-(b): a proposal is made when one person signifies willingness to do or abstain from doing something with a view to obtaining assent; it becomes a promise when accepted (Section 2(b)).

Consideration (Section 2(d)) must be real and lawful but need not be adequate (Explanation II to Section 25); past, present or future consideration and consideration from a third party are valid.

Section 11: a person is competent to contract if of the age of majority, of sound mind, and not disqualified by law; an agreement with a minor is void (Mohori Bibee v Dharmodas Ghose).

Free consent (Section 14) is vitiated by coercion (15), undue influence (16), fraud (17), misrepresentation (18) and mistake (20-22); consent caused by these is voidable at the option of the aggrieved party.

Section 23: consideration or object is unlawful if forbidden by law, defeats the provisions of a law, is fraudulent, injures another person or the State, or is immoral or opposed to public policy; such agreements are void.

Section 56: an agreement to do an impossible act is void; a contract becomes void when the act becomes impossible or unlawful after formation, with exceptions where the promisor knew of the impossibility.

Section 73 measures damages for breach as compensation for loss naturally arising in the usual course or which the parties knew would likely result; remote and indirect loss is excluded (Hadley v Baxendale principle).

Section 74 allows reasonable compensation not exceeding the stipulated sum where a sum is named as payable on breach; a penalty is not enforceable beyond actual loss proved.

Negligence requires (i) a duty of care, (ii) breach of that duty, (iii) causation, and (iv) damage not too remote; the neighbour principle (Donoghue v Stevenson) supplies the duty test of reasonable foreseeability of harm to persons closely and directly affected.

The standard of care is that of the reasonable person; children are judged by the standard of a child of like age and intelligence, and professionals by the ordinary skill of their profession (Bolam principle).

Res ipsa loquitur shifts the evidential burden where the thing causing harm was under the defendant's exclusive control and the accident would not ordinarily occur without negligence; it does not reverse the legal burden.

Trespass to land is actionable without proof of damage; trespass to person includes assault (apprehension of immediate battery), battery (unlawful touching) and false imprisonment (total restraint of liberty without lawful justification).

Defamation requires a defamatory statement, publication to a third party and reference to the claimant; defences include truth/justification, fair comment on matters of public interest, absolute privilege (parliamentary and judicial proceedings) and qualified privilege.

Private nuisance protects unreasonable interference with use and enjoyment of land; public nuisance affects a class of the public and is generally actionable by the Attorney General or a person with special damage.

Strict liability under Rylands v Fletcher applies to escape of a dangerous thing brought onto land in the course of a non-natural use; the rule is subject to defences of act of God, act of a stranger, consent and statutory authority.

Vicarious liability makes an employer liable for torts of an employee committed in the course of employment; an independent contractor's acts generally do not create liability, subject to non-delegable duty exceptions.

Defences to tort include volenti non fit injuria (consent), contributory negligence (apportionment under the Law Reform (Contributory Negligence) legislation), act of God, inevitable accident, statutory authority and limitation.

The Pakistan Penal Code, 1860 defines offences; the Code of Criminal Procedure, 1898 governs procedure. Mens rea is generally required, expressed as 'intentionally', 'knowingly', 'dishonestly' or 'fraudulently'.

Murder (Section 300 PPC) requires intention to cause death, or intention to cause bodily injury likely to cause death, or knowledge that the act is imminently dangerous; the death sentence is discretionary and subject to the Qisas and Diyat Ordinance regime.

Culpable homicide not amounting to murder (Section 299/304) covers cases falling within exceptions to Section 300, such as grave and sudden provocation, exceeding the right of private defence, and sudden fight without undue advantage.

Theft (Section 378) is dishonest taking of movable property out of another's possession without consent; robbery (Section 390) is theft or extortion with violence or the threat of instant violence; dacoity requires five or more persons.

Qisas and Diyat (Sections 299-338 PPC) provide that hurt and death offences may be compounded by the victim or heirs; the State retains the right to prosecute ta'zir offences independently of the waiver.

The right of private defence (Sections 96-106) permits reasonable force to protect body or property; it is not available against a lawful act or where the defender is the aggressor, and the force must be proportionate.

Arrest under Section 54 CrPC requires reasonable suspicion and communication of grounds; Section 167 CrPC governs remand, and Article 10 of the Constitution requires production before a magistrate within 24 hours.

FIR is registered under Section 154 CrPC on information about a cognizable offence; Section 156 empowers police investigation, and Section 173 requires a report to the magistrate on completion.

Bail: Section 426 CrPC (bail in bailable offences), Section 497 CrPC (discretion in non-bailable offences), and Section 498 CrPC (High Court and Court of Session); the accused is presumed innocent and bail is the rule, refusal the exception.

The Code of Civil Procedure, 1908 governs procedure. Section 9 confers jurisdiction on civil courts over suits of a civil nature except those expressly barred; Section 15-20 determine territorial jurisdiction (defendant's residence, cause of action, property situate).

Order VII Rule 11 CPC allows rejection of a plaint where it discloses no cause of action, is barred by law, is undervalued, or where the plaintiff fails to comply with an order for amendment; Order VI Rule 16 permits striking out of scandalous, frivolous or vexatious pleadings.

Res judicata (Section 11 CPC) bars a subsequent suit on the same matter between the same parties where the earlier suit was decided on merits by a competent court; constructive res judicata extends to matters that ought to have been raised.

Order XXXIX Rules 1-2 CPC govern temporary injunctions; the three-part test is a prima facie case, irreparable injury and balance of convenience. Order XXXVIII covers attachment before judgment.

Order IX governs appearance and non-appearance: dismissal for default (Rule 8) and setting aside ex parte decree (Rule 13) on proof of sufficient cause.

The Qanun-e-Shahadat Order, 1984 governs evidence in Pakistan. Article 71 lists the modes of proof: oral and documentary evidence and, where permitted, electronic evidence; Articles 78-80 govern electronic records.

Burden of proof is in Articles 117-134 QSO: the burden lies on the party who asserts the affirmative of an issue, and it shifts when facts are especially within the knowledge of one party (Article 121).

Article 129 QSO: no confession to a police officer is proved against the accused, and confessions made in police custody are inadmissible unless made in the immediate presence of a magistrate.

Article 78 QSO requires documentary evidence to be proved by primary evidence (the document itself) except in the cases listed in Article 79 (secondary evidence), such as loss of the original or its production being impossible.

Muslim marriage (nikah) is a contract requiring offer and acceptance, two competent witnesses, and mahr; the Muslim Family Laws Ordinance, 1961 requires registration of marriage and prescribes the procedure for polygamy (Section 6).

Talaq under the MFLO must be followed by written notice to the Chairman of the Union Council (Section 7); the divorce becomes effective after the iddat period following receipt of notice, and the Chairman constitutes an Arbitration Council.

Khula is divorce at the wife's instance with return of mahr or other consideration; the court may decree khula where the marriage has irretrievably broken down, and the wife's right is not dependent on the husband's consent.

Mahr is the wife's property and is payable on demand; it can be prompt (mu'ajjal) or deferred (muwajjal), and the widow may retain it from the estate.

Iddat is the waiting period: three menstrual cycles for a divorced woman, or until delivery for a pregnant woman, and four months ten days for a widow; maintenance during iddat is the husband's obligation.

Guardianship: hadana (custody of minors) generally goes to the mother until the child reaches a specified age (often seven for boys, puberty for girls), while wilaya (legal guardianship) remains with the father.

Hindu marriage and divorce in Pakistan are governed by the Hindu Marriage Act, 2015 and the Hindu Marriage Act (as applicable); Christian marriages are governed by the Christian Marriage Act, 1872 and the Divorce Act, 1869.

The Family Courts Act, 1964 establishes Family Courts with exclusive jurisdiction over matrimonial disputes, maintenance, dower and guardianship; conciliation is mandatory before adjudication under the Act.

Maintenance under Section 125 CrPC is a summary remedy available to a wife, children and parents who cannot maintain themselves; it is independent of personal-law remedies.

Primary sources of Islamic law are the Qur'an and the Sunnah; secondary sources include ijma' (consensus), qiyas (analogy), istihsan (juristic preference), maslahah (public interest) and urf (custom).

The four Sunni schools are Hanafi, Maliki, Shafi'i and Hanbali; Pakistan's personal law is largely Hanafi, while the Shia school is recognised for Shia Muslims under the relevant statutes.

Ijtihad is independent reasoning by a qualified jurist (mujtahid); taqlid is adherence to an established school, and the closing of the gate of ijtihad is a historical claim, not a rule of positive law.

Fiqh distinguishes ibadat (worship) from mu'amalat (transactions); the latter covers contract, sale, partnership, agency and inheritance, and underpins much of the Contract Act's structure.

Hadd offences are those with fixed Qur'anic penalties (theft, zina, qadhf, drinking); tazir offences carry discretionary punishment, and qisas/diyat govern homicide and hurt.

Inheritance (fara'id): a son takes twice the share of a daughter; the surviving spouse, parents and children are primary sharers, and the estate is distributed after payment of funeral expenses, debts and bequests (limited to one-third).

A bequest (wasiyyat) to a non-heir is valid only up to one-third of the estate without the heirs' consent; a bequest to an heir requires the consent of the other heirs.

Waqf is the dedication of property to a charitable or religious purpose; once validly created it is irrevocable, and the property vests in the waqf, not in the mutawalli personally.

The Muslim Personal Law (Shariat) Application Act, 1937 applies Shariat to Muslim personal matters (marriage, divorce, inheritance, gifts, waqf) and displaces custom where it conflicts.

Ratio decidendi is the binding principle of a judgment; obiter dicta are observations not necessary to the decision and are persuasive only. Distinguish the material facts to determine whether a precedent applies.

A precedent is binding on lower courts in the same hierarchy; the Supreme Court's decisions bind all courts under Article 189 of the Constitution, and High Court decisions bind subordinate courts within the province.

Distinguishing a case requires identifying a material difference in facts; overruling is a higher court's rejection of an earlier decision, while reversing is an appellate court setting aside the lower court's order in the same case.

Statutory interpretation: literal rule (ordinary meaning), golden rule (ordinary meaning unless it produces absurdity), mischief rule (Heydon's Case: identify the defect the statute remedies) and purposive approach.

Expressio unius est exclusio alterius: express mention of one thing excludes others; ejusdem generis: general words following specific words take their meaning from the specific class.

Noscitur a sociis: a word is known by the company it keeps; ut res magis valeat quam pereat: prefer an interpretation that gives effect to the provision over one that renders it meaningless.

In syllogistic legal reasoning the major premise is the legal rule, the minor premise the material facts, and the conclusion the legal consequence; identify the issue, rule, application and conclusion (IRAC).

Presumptions: presumption of innocence in criminal matters, presumption of constitutionality of legislation, and presumption that the legislature does not intend to alter the common law without clear words.

A reductio ad absurdum tests an interpretation by showing it leads to an absurd or unjust result; argumentum a fortiori argues that if a rule applies to a lesser case, it applies with stronger reason to a greater one.