58
PROSPECTUSOF
POSTGRADUATES PROGRAMMES
Bachelor of Law L.L.B(Three Years Study Course)
Master of Law L.L.M(Two Years Study Course)
For admission and general enquiries, contact the office of the College on Phone No. 021-99231929 or write tothe Principal, Govt Islamia Law College, Allama Shabbir Ahmed Usmani Road, Off: New M.A. Jinnah Road,Karachi.
There are also facilities for providing assistance and guidance to the students interested for doingM.Phil./Ph.D. Law from the University of Karachi.
(In the name of Allah, Most Merciful)
JUSTICE
Oh, Ye Who Believe:
Stand out firmly
For justice, as witnesses,
To God, even as against
Yourselves, or your parents,
Or your kin, and whether
It be (against) rich or poor:
For God, can best protect both
Follow not the lusts
Of your hearts, lest ye
Swerve, and ye
Distort (justice) or decline
To do justice verily
God is well acquainted with all that ye do
Al - Quran (S.IV.135)
01
CONTENTS
1. Justice Al-Quran (S-IV135) 01
2. The Quaid’s Message 02
3. Board of Governors for Law Colleges in Karachi 03
4. The Principal 04
5. Pledge of Law Students 05
6. A Profile of the Govt. Islamia Law College, Karachi 06
7. Faculty Members of the College 08
8. Eligibility for Admission 09
9. Undertaking 12
10. Syllabus of LL.B Part-I 13
11. Syllabus of LL.B Part - II 21
12. Syllabus of LL.B (Final) 28
13. Syllabus of LL.M (Previous & Final) 38
14. List of Principals of Govt. Islamia Law College 49
15. Present Faculty Members of the College (Regular Cadre) 50
16. Present Faculty Members of the College (Contract Cadre) 51
17. Former Faculty Members of the College 52
18. Group Photographs of Professors /Lecturers of the College 54
19. Photographs of the Professors/Lecturers of the College 55
20. Photographs of the Students 58
FATHER OF THE NATION
Quaid-e-Azam Muhammad Ali Jinnah
THE QUAID'S MESSAGE TO LAW STUDENTS
"Law is a noble profession and success is only attained to those who persevere, work hard, aredetermined and industrious, and above all have a natural aptitude for this work. This is a greatprofession and you owe an obligation to yourself, your people and the client who pays you. You arenot there to squeeze money or bargain.”
02
BOARD OF GOVERNORS FOR LAW COLLEGES AFFILIATEDWITH THE UNIVERSITY OF KARACHI
OFFICIAL MEMBERS:
S.NO NAME OF OFFICIAL MEMBER OFFICIAL MEMBERS
1. Vice Chancellor, University of Karachi Ex - Officio Member
2. A Judge of High Court of Sindh nominated by the Chief Justice Ex - Officio Member
3. Secretary Law or His nominee Ex - Officio Member
4. Advocate General Sindh Ex-Officio Member
5. The Secretary or Addl. Secretary, Education Department Ex - Officio Member
6. Vice Chairman of the Provincial Bar Council Ex - Officio Member
7. The Principal, Govt. Islamia Law College Karachi Ex - Officio Member
8. The Principal, Sindh Muslim Govt. Law College, Karachi Ex-Officio Member Secretary
NON - OFFICIAL MEMBERS:
S.NO NAME OF NON - OFFICIAL MEMBER NON - OFFICIAL MEMBERS
1 Mr. Justice (Retd) Zahid Qurban Alvi Chairman/Non – OfficialMember
2. Mr. Asif Abdur Razaq Soomro, Advocate, Larkana Non - Official Member
3. Mr. Khalil Ahmed Qureshi, Advocate, Karachi Non - Official Member
4. Mr. Abdul Karim Nizamani, Advocate, Karachi Non - Official Member
5. Mr. Muhammad Nawaz Shaikh, Advocate, Karachi Non - Official Member
6. Mr. Sadaqat Awan, Advocate, Karachi Non - Official Member
7. Mr. Hamid Muneer, Advocate, Karachi Non-Official Member
8. Mr. Riaz Ahmed Lund, Advocate, Karachi Non - Official Member
03
PRINCIPAL
Professor Moin Azhar Siddiqui
04
PLEDGE OF LAW STUDENT
Will faithfully abide all the rules and regulation of the college.
Shall ever keep the college banner high.
Shall always be clean and smart in appearance.
Shall always be clean in thought and actions.
Shall always be courteous kind and well behaved.
Shall attend lecture regularly.
Shall serve Pakistan to the best of my ability
Will respect my teachers
Shall never do anything, which may lower the reputation of the college.
05
A PROFILE OFGOVT. ISLAMIA LAW COLLEGE, KARACHI.
The Govt. Islamia Law College was established in 1961. The College is accommodated in Islamia CollegeBuilding on Allama Shabbir Ahmed Usmani Road. On its one side, there is Govt. Islamia Arts and CommerceCollege and on the other side there is Govt. Islamia Science College. The College is at a walking distance fromSabil Wali Masjid Goru Mandir and Jamshed Road No. 1.
The Govt. Islamia Law College was established with the aim to provide education to the students in the fieldof Law. The College attracted students from all over the country leading to the dissemination of Legal educationthroughout Pakistan. The college is having team of dedicated and most experienced Professors/Lecturers havingvast experience/expertise in the field of Law. They are imparting education with zeal and devotion having distinctposition in Law and public life. List of the Principal, Professors/Lecturers of the College is given in the last pagesof this prospectus. The Islamia Law College has prominent lawyers, judges and members of higher judiciary.
LIBRARYGovt. Islamia Law College maintains a good Library to meet the needs of the students. There are about 8200books on Law, Religion and Seerat -un-Nabi (S.A.W). Some of the reference books are also available. The Libraryis properly maintained having qualified Librarian. The Library provided leading of textbooks to the students ofLL.B and LL.M students on nominal deposit to cater their imperative needs of basic textbooks prescribed forstudy.
AUDITORIUMThe college has facility of auditorium with the seating capacity of about 200 students where arrangements ofdebates, Mock Court and Lectures of visiting Professors are made.
SEMINAR ROOMA carpeted Air Conditioned Seminar Room existed in the college where seminars on various topics, arranged bystudents, conferences and meetings of Professors / Lecturers of the college etc. are arranged.
STUDENTS ACTIVITIESTo keep the extra-curricular activities, arrangements have been made to enable students to participate in collegedebates, mock court/s trials and other activities. The students of the college are also taking part in the QuizProgram organized by different organizations. A team of students of the college took part in the World Cup Quiz.Program organized by the daily "Jang" Karachi and won 1” Prize defeating teams of the other
06
colleges. The college publish its annual magazine containing articles of the Judges and Senior Professors on legalissues. The students of the college also contribute their articles of the college magazine. The magazine ispublished in English only.
LAW SEMINARS/FUNCTIONS/VISITOR PROFESSORS'S LECTURERSProvision of arranging annual law seminars/Functions visiting Professors' Lectures exists to keep the studentsaware of the current legal topics of national importance. Arrangements for inviting eminent jurists, judges andScholars are being made in these programs.
SPORTSA separate games room has been provided in the college where facilities of playing table tennis and carom boardare available.
CANTEENThe college has a student’s canteen serving refreshments at concessional rates. It is anticipated that the canteenwill soon be upgraded.
LADIES COMMON ROOMA separate carpeted common room for the female students has been provided keeping in view Islamic traditionsdespite co-education. Arrangements for prayers for them are also available in the said common room.
PRAYER ARRANGEMENTA separate platform for prayer at a suitable place in the college has been provided for male students and staff ofthe college. A suitable place for Wazoo has also been made.
07
FACULTY MEMEBRS OF THE COLLEGE
LLB. PART - l LLB. PART - II
Prof. Moin Azhar Siddiqui Prof. Tasawar Ali Hashmi
Prof. Ch. Muhammad Iqbal Prof. Akhtar Hussain
Prof. Syed Shamim Raza Prof. Iqbal Akhtar
Mr. S. Jalil Ahmed Hashmi Prof. Ainuddin KhanLecturer
Mr. Arif Latif Mr. Muhammad AqilLecturer Lecturer
Mst. Sarwar Jehan Mr. Naseem AkhtarLecturer Lecturer
Mr. Naseem Akhtar Mr. Raza Mamoon SyedLecturer Lecturer
Mr. Abdul SaboorLecturer
LLB (FINAL) LL.M (PART-1)
Prof. Ch. Muhammad Iqbal Prof. Tasawar Ali Hashmi
Prof. Akhtar Ali Mehmood Prof. Syed Shamim Raza
P Prof. S.A. Chohan Mr. Muhammad AqilLecturer
Mr. Raza Mamoon Syed LL.M (FINAL)Lecturer
Prof. Ch. M. Iqbal Akhter
Mr. Rizwan Ahmed Siddiqui Prof. Ainuddin KhanLecturer
Barr. Qayyum Nawaz KundiLecturer
08
ELIGIBILITY FOR ADMISSIONI. LL.B. COURSE:
Admission Form must accompany the following:
FOR LL.B. PART - I
1. Mark sheet or Bachelor's Degree in original (2nd Division) (along with one photo copy)2. Character Certificate of the Institution Last attended or from Gazette Class – l Officer.3. Matriculation Certificate (attested Photo Copy)4. Three Photographs (1" x 1“size)5. Photo copy of Migration Certificate (for those who are coming from other Universities)6. Undertaking7. C.N.I. Card (Attested photo Copy)8. N.O.C. from Employer of such students who are in service.
LL.B PART - II
1. Mark Sheet of LL.B – l & ll2. Three Photographs (1" x 1" size)3. C.N.I Card (Attested Photo copy)4. Enrolment Card (Attested Photo Copy)5. N.O.C. from Employer of such students who are in service.
LL.B. (FINAL)
1. Mark Sheet of LL.B- l & II2. Three Photographs (1" x 1" size)3. CN.I Card (Attested Photo copy)4. Enrolment Card (Attested Photo Copy)5. N.O.C from Employer of such students who are in service.II. 1. Admission will be provisional on payment of all college dues till the students are enrolled with
the University of Karachi. Students will be required to seek fresh enrolment in the Law Faculty of theUniversity immediately after admission.
2. Foreign students desirous to seek admission will have to submit their application/s for admissionsthrough Higher Education Commission, Islamabad.
09
3. Fee once paid/deposited shall not be refunded.
4. Admission Fees for Academic Session 2010 - 2011 are as under: -
i. For LL.B Part -l Rs. 20,000/-ii. For LL.B Part - II Rs. 21,000/-iii. For LL.B (Final) Rs. 22,000/-
5. Entry in the college premises and dealing in the office will be strictly on production of College IdentityCard. Students are required to display their college card on the chest all the time while staying in college.
6. Students may become members of the Library against security of Rs.1000/- and may borrow two booksat a time and keep them for a period of 15 days. In case of the return, penalty will be levied at the rate of Rs.1/-per day. The security amount will be refunded after deduction of Rs.50/- at the time of leaving the college.
III. LL.M COURSE.
Admission Form must accompany the following documents:
FOR LL.M. (PREVIOUS)
1. Attested Photocopy of LL.B Degree or Mark Sheet in Original (2nd Division)2. Character Certificate of the Institution Last attended or from Gazette Class -1 Officer.3. Matriculation Certificate (Attested Photo Copy)4. Three Photographs (1" x 1" size)5. Marks Certificate or Degree of B. A / B. Com / B.Sc. (Attested)6. Photo copy of Migration Certificate (for those who are coming from other Universities)7. Undertaking8. C.N.I. Card (Attested photo Copy)9. N.O.C. from Employer of such students who are in service.
LL.M. (FINAL)
1. Mark Sheet of LL.M (Previous)2. Photocopy of Enrolment Card LL.M (Attested)3. Photocopy of Admit Card of LL.M (Previous) (Attested)4. Three Photographs (1* X 1" size)5. C.N.I Card (Attested Photo copy)6. N.O.C. from Employer of such students who are in service.
10
lV- 1. Admission will be provisional on payment of all college dues till the student is enrolled with theUniversity of Karachi.
2. Foreign students desirous to seek admission will have to submit their application/s for admissionthrough Higher Education Commission, Islamabad.
3. Fee once paid/deposited shall not be refunded.4. Admission Fees for Academic Session 2010 - 2011 are as under: -
i. For LL.M Previous Rs. 35,000/-
ii. For LL.M Final Rs. 40,000/-
5. Entry in the college premises and dealing in the office will be strictly on production of College IdentityCard.
6. Students may become members of the Library against security of Rs. 500/- and may borrow two booksat a time and keep them for a period of 15 days. In case of the return, penalty will be levied at the rateof Rs.1/- per day. The security amount will be refunded after deduction of Rs.50/- at the time of leavingthe college.
V -1 Other Charges as approved by the Board of Governors of Law Colleges in Karachi.Sr. No. DESCRIPTION AMOUNT OF CHARGES
(RS)
1. PROSPECTUS, ADMISSION FORM, INCLUDING UNDERTAKING CHALLAN /VOUCHERS ETC.
1000.00
2. RE APPEARING EXAM FEE (ADMINISTRATIVE CHARGES) 500.003. PROVISIONAL CERTIFICATES 800.004. CHARACTER CERTIFICATES 500.005. REFERENCE FOR FOREIGN UNIVERSITY ETC 1500.006. SCRUDNI2ATI0N & VERIFICATION OF DEGREE FORM FOR AWARD OF DEGREE 500.007. ENROLMENT & EXAMINATION FORM PROCESSING/ADMINISTRATIVE CHARGES 200.008. REFERENCE TO FOREIGN UNIVERISTY'S ADMISSION FORM 1500.009. MEDIUM OF INSTRUCTIONS CERFITICATES 500.00
2. Merely obtaining of admission form by the applicant does not provide any guarantee for admission.The admissions are given on first come first serve basis subject of availability of seats.
3. Provisional Admission will be made on payment of admission fees, submission of admission formcompletes in all respects and appearing for interview by the applicant. The admission would be subjectto enrolment by the Karachi University.
4. Approved seats for admission in LLB. Part -l are 600.5. Approved seats for admission in LL.M. (Previous) are 50.
11
(To be typed on Stamp Paper of Rs.20/-)and attested by the Oath Commissioner.
UNDERTAKING
I,___________________________________________________ S/o _____________________________________________
C.N.I. Card No. ____________________________________ Resident of _____________________________________
____________________________________________________ Telephone No __________________________________ do herebystate on oath as under: -
* That I shall abide and maintain discipline of the college and attend the classes in accordance with therules enunciated by the University of Karachi.
* That I have domiciled of Karachi having shifted/permanent residing at Karachi.
* That I do hereby undertake and agree to attend the classes regularly and give my full attention to thecollege studies without fall and shall not remain absent unless l am sick or invalid and in that eventuality, I shallproduce a medical certificate.
* That in case my attendance falls short of the required rules of the University i.e. 75% during theacademic year, l agrees that my name be struck off the rolls without any further notice, and I shall have noobjection unless I have a valid cause.
* That I also undertake not to take part in any sort of politics or to become a member of any politicalparty or any organization identified with any political party during my studies in the college and, if I do, theGovt. Islamia Law College administration can take cognizance of it and accordingly act as it deems proper.
SIGNATURE OF STUDNETSC.N.I.C No. ___________________________
Tel. No. ______________________________WITNESSES: Date: _________________________________1. 2.Signature ________________________________________ Signature ____________________________________Name ____________________________________________ Name ________________________________________Father's Name ___________________________________ Father's Name _______________________________CNIC No. Tel. No ________________________________ CNIC No. Tel. No. ____________________________Address __________________________________________ Address _________________________________________________________________________________________ _______________________________________________
12
SYLLABUSLL.B. Part - l
LL.B Part – lPAPER – l JURISPRUDENCE (100 MARKS)
Course Contents:1. The science of jurisprudence as subject.
i. Meaningii. Definitioniii. Kinds of Jurisprudenceiv. Relation of jurisprudence with other social sciences.
2. The Nature of Law3. The Administration of Justices4. The Source of Law5. Legislation6. Precedent7. Custom8. Legal Rights9. Ownership10. Possession11. Persons12. Titles
Bonks Recommended:
1. Jurisprudence by John Salmond edited by Fritz Gerald (latest edition).2. Jurisprudence by Hibbert (latest edition)3. Jurisprudence by Dennis Lloyds (Steven and Sons Ltd. London)4. Jurisprudence by C.W.Paton5. Justice (R.) Z.A Channa, Precedents.
Additional Books:
1. Muhammadan Jurisprudence by Sir Abdurrahim2. Phalsapha Shariat-e-lslam by Subhi Mehmasani3. The early development of Islam Jurisprudence by Dr. Ahmed Hassan.4. Islam Ka Nizam-e-Hakoomat by Maulana Hamid-AI-Ansari Ghazi5. The Muslim conduct of state by Hamid Ullah.6. Islamic Jurisprudence by Kemal A. Faruki.7. Reconstruction of Legal thoughts in Islam by Dr. Riaz-ul-Hassan Gilani8. Islamic Jurisprudence by Imran Ahsan Niazi.
14
PAPER – ll ISLAMIC JURISPRUDENCE (100 MARKS)
Course Contents:1. History of the growth of the Muslim legal system2. Various schools of Islamic law3. Sources of law
a. The Quran and the Traditionsb. Ijma and customs
4. Juristic Deductiona. Qiy’as or analogyb. Istehsan or Juristic equityc. fstedlald. Ijtihad and Taqlid
5. Acts, Rights and Obligations6. Legal Capacity7. Ownership and Possession8. Constitutional Law9. Muslim International Law10. Islamic Law of Crimes and Torts11. Law of Contract
BOOKS RECOMMENDED:
1. Principles of Mohammadan Jurisprudence by Sir Abdur Rahim2. Islamic Jurisprudence by Dr. Ahmad Hassan3. Islamic Jurisprudence by Kamal Faruki4. Islamic Jurisprudence by Prof. Dr. CH. Hanif5. Reconstruction of Legal Thoughts in Islam by Dr. Riaz-ul-Hassan Gilani6. Hujjatul Balagha (Urdu) by Shah Wali Ullah, Part - l7. The early development of Islamic Jurisprudence by Ahmad Hassan8. A History of Islamic Law by NJ Coulson9. Islamic Jurisprudence by Imran Ahmad Nayazee
15
PAPER – lll CONSTITUTIONAL LAW – l (100 MARKS)1. The British Constitution 50 Marks2. The Constitution of the USA 50 Marks
Course Contents:All contents of British and USA Constitution are given as under: -1. Principles of British Constitution:
1. Salient features of the British Constitution2. Difference between constitution & constitutional law3. Sources and nature of the British Constitution4. Separation of Powers5. The rule of law6. Parliamentary Supremacy7. British Constitutional Conventions8. Royal prerogatives9. British cabinet10. British parliament11. Privileges of the Parliament12. Fundamental Rights and Human Rights act, 199813. Freedom of Expression14. Judiciary15. Impact of European Union
2. Constitution of United State of America1. Brief history of conventions leading to the passing of America Constitution2. Important characteristics/salient features3. Human Rights Bill - Civil Liberties4. Rectification of the constitution5. Federalism6. Congress, its two houses - legislative procedure7. Senate and effectiveness of its control8. Separation of powers9. President - His election, powers and checks on him
i) Judiciaryii) Judicial review
10. Rigidity - Procedure of amendmentsBooks Recommended:1. The English Constitutions by Bagehot.2. Law of the Constitution by Dicey3. The Government of England by Lowell4. The Government of USA by Munro.5. The American Political System by Brogan.6. The American Presidency by Lasaki.7. The Supreme Court of United States by Warren.
16
PAPER – lV LAW OF CONTRACT (100 MARKS)1. Contract Act, 1872 80 Marks2. The Sale of Goods Act, 1930 20 Marks
Course Contents:
1. Contract Act, 18721. Preliminary / General principles2. Formation of the Contract3. Communication, acceptance and revocation of proposals4. Contracts, Voidable contracts and void agreements5. Contingents contracts6. Performance of Contracts7. Of certain relations resembling those created by contracts8. The breach of contract its consequences and remedies9. Indemnity and guarantee10. Bailments11. Agency.
2. Sale of Goods1. General principles2. Formation of the contracts of sale3. Subject matter of the contract4. Conditions and warranties5. Sale by sample and description6. Auction safes7. Transfer of property8. Delivery and payment of price9. Title10. Performance of the contract11. Rights of unpaid seller12. Breach of the contracts and remedies.
Books Recommended:
1. Cheshire and fifoot's Law of Contract2. Nson's few of Contract3. The Contract Act, 1872 by Sh. Shaukat Mahmood4. The Contract Act, 1872 by Dr. M. A. Mnnan5. Benjamin's Sale of Goods6. The Safe of Goods Act, 1930 by Mr. M. Farani7. Safes of Goods Act, 1930 by Kazi Muhammad Ashraf
17
PAPER – V LAW OF TORTS (100 MARKS)
Course Contents:
Law of Torts:
1. Definition of Tort2. Difference between Tort and Crime: Tort and Breach of contract3. Essentials of Tort4. Personal disabilities5. Discharge of Tort6. Exceptions of tort7. Master and servant8. Remedies9. Measurement of damages10. Remoteness of damages11. Defamation - Essentials of Libel, Slander and Defenses12. Negligence and contributory negligence13. Nuisance: public nuisance and private nuisance14. Malicious prosecution15. Fraud and misrepresentation16. Assault, battery and ballice17. Wrongful confinement18. Subrogation
Books Recommended
1. Winfield on Torts2. R. K. Kapoor on Law of Tort3. Salmond on Trots4. A. M. Chaudhry on Law of Trots5. Law of Torts by Underhill
18
PAPER – Vl CRIMINAL LAW (100 MARKS)1. Pakistan Penal Code, 1860 75 Marks2. Hudood Laws 1979 25 Marks
Course Contents:
1. Entire Pakistan Penal Code, 1860 excluding 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 XI (Offences relating to Coins and government stamps)
4. Chapter XII (Offences relating to weights and measures)
5. Chapter XIII (Offences relating to documents and to trade property marks.)
2. HUDOOD LAWS
Course Contents:
1. Offences Against property (Enforcement of Hudood) Ord. 1979.
2. the Offences of Zina (Enforcement of Hudood) Ord. 1979.
3. the Offences of Qazi (Enforcement of Hudood) Ord. 1979.
4. the Prohibition (Enforcement of Hudood) Ord 1979.
Books Recommended
1. M.H. Nizami on Pakistan Penal Code.
2. Shoukat Mahmood on Pakistan Penal Code
3. Manual of Hudood Laws by Prof. Dr. C.M. Hanif
4. Law relating to Hudood Cases by Prof. Ashfaq Bukhri
19
PAPER – Vll LAW OF WQUITY SPECIFIC RELIEF (100 MARKS)1 Maxims of Equity 40 Marks2. The Specific Relief Act, 1877 60 Marks
Course Contents:
1. Maxims of Equity
1. Equity will not suffer a wrong to be without a remedy2. Equity follows the law3. Where there is equal equity, the law shall prevail4. Where the equities are equal, the first in time shall prevail5. He who speaks equity, must do equity6. He who comes into equity, must come with clean hands7. Delay defeats equity8. Equality is equity9. Equity looks to the intent, rather than to the form10. Equity looks on that as done, which ought to have been done11. Equity imputes an intention to fulfill an obligation and12. Equity acts in person am
2. The entire Specific Relief Act, 1877
RECOMMENDED BOOKS
1. Snell's Equity by Lord Megeary2. The Specific Relief Act 1877 by Raja Said Akbar Khan3. The Specific Relief Act by Sardar Muhammad Iqbal Khan Mokal
20
SYLLABUSLL.B. Part - ll
LL.B Part – ll
PAPER – l CONSTITUTIONAL LAW (100 MARKS)The Constitution of Pakistan, 1973 Course Contents:
Course Contents:The constitution of the Islamic Republic of Pakistan 1973, as amended up to date.Books prescribed:1. Constitution of Pakistan by Shaukat Mahmood2. Constitutional Law of Pakistan by Shabbar Raza Rizvi3. Constitution of Pakistan by Ahmer Fazeel
PAPER – ll ADMINISTRATIVE LAW (100 MARKS)1. Administrative Law 60 Marks2. Laws of Civil Services 40 Marks
Course Contents:1. Administrative LawGeneral principles of administrative law,Administrative Act, Delegated legislation, administrative discretions, judicial review of administrative acts anddiscretions, administrative tribunals and ombudsman.2. Laws of Civil ServicesCivil Servants Act, 1973 Federal Service Tribunal, 1973, Government Servants (E & D) Rules, 1973 and CivilServants (Conduct) Rules.
Books Recommended1. Administrative law by HWR Wade2. Principles of Administrative Law by Griffith, JAG3. Principals of Administrative Law by Jain and Jain4. Principles of Administrative Law by Yardley, DCM5. Administrative Law by Foulkes David6. Principles of Administrative Law by Hamid Khan7. Administrative Law by Prof. Sathe8. Administrative Law by Prof Chakrwarti9. Civil Service Law and practice by Masud-ul-Hassan10. Manual of Civil Service Law by Janjua. Z.l11. Civil Service Laws by Nisar Ahmed.
22
PAPER – lll COMPANY LAW (100 MARKS)1. The Companies Ordinance, 1984 80 Marks2. The Partnership Act, 1930 40 Marks
1. All provisions of Companies Ordinance, 1984, Inter alia;
Course Contents:
Company Law:
History background Kinds of companiesDifference between a company and other associationFormation of companyPromoters, Pre-contractsArticles and Memorandum of AssociationProspectusMembershipCapital, Shares, Stock, Mortgages Management, Directors Meeting, Resolutions Audit and Accounts WindingUp KindsConsequences of Winding up and dissolution
Partnership Act, 19302. All provisions of Partnership Act, 1932, inter alia;
1. Introduction and Important terms2. Name of Partnership3. Relations of partners to one another4. Relations to partners to third parties5. Incoming and outgoing partners6. Dissolution of a firm7. Registration of firm8. Supplemental provisions
Books Recommended
1. Palmer’s Company Law2. Ghosh on the Company law3. The Company Ordinance 1984 by Shaukat Mahmood4. The partnership Act lX of 1932 by A.M. Choudhry5. The partnership Act by F.D. Mullah6. The partnership Act by Shaukat Mahmood7. Lindley on partnership8. Law of partnership by Avtar Sindh
23
PAPER – lV LAW OF TRANSFER OF PROPERTY (100 MARKS)1. The Transfer of Property Act, 1882 80 Marks2. The Registration Act, 1908 20 Marks
Course Contents:1. Entire Transfer of Property Act, 1882, inter-alia:
a) Introduction of important termsb) Transfer of property by act of parties
i. Transfer of immovable propertyii. Sales of immovable propertyiii. Discharge of encumbrances on saleiv. Mortgages of immovable property and chargesv. Rights and liabilities of mortgagorvi. Rights and liabilities of mortgageevii. Priorityviii. Marshalling and contributionix. Deposit in courtx. Redemptionxi. Anomalous mortgagesxii. Chargexiii. Notices and tender
c) Leases of immovable propertyd) Exchangese) Giftsf) Transfer of actionable claims
2. Entire Registration Act 1908 inter-alia:1. Introduction and important terms2. Registrations and establishment3. Registerable documents4. Time of presentation5. Place of registration6. Presentation of documents for registration7. Enforcing appearance of executants and witnesses8. Presentation of wills and authorities to adopt9. Deposit and disposals of wills10. Effect of registrations and non-registration11. Duties and powers of registering officers12. Copying documents of means of photography13. Refusal of register14. Fee for registration, searches and copies15. Penalties16. Miscellaneous provisions17. Exemption from Act.
Books Recommended1. Transfer of Property Act by Shaukat Mahmood2. Transfer of Property Act by Prof. Dr. C. M. Hanif3. Transfer of Property Act by I.A. Kazi4. The Registration Act by Shaukat Mehmood
24
PAPER – V MUSLIM PERSONAL LAW (100 MARKS)
Break-up and Course Contents
1. Muslim personal law and law of inheritance in the light of the Quranic Verses and relevant enactmentssuch as:
a) The dissolution of Muslim marriages Act, 1939b) The Muslim Family Laws Ordinance 1961c) West Pakistan Muslim personal law (Shariat) application Act, 1962d) The Guardians and Wards Act, 1890 (only Ss. 7,8,12,25)
1. Marriage2. Dower3. Modes of the dissolution of marriage4. Iddat5. Maintenance6. Parentage — legitimacy and acknowledgement7. Guardianship of person and property8. Gifts9. Wakfs10. Wills11. Inheritance-general rules12. Sunni law of inheritance13. Shia law of inheritance
Books Recommended
1. Outlines of Mohammad Law by AA Fyzee2. Islamic Law theory and practice by Aziz Ahmed3. Islamic Law by D F Mulla4. Islamic Law by Syed Amir All5. Islamic Law by Dr. Muhammad Hamid Ullah6. Islamic Law by inheritance by Hamid Khan
25
PAPER – Vl PUBLIC INTERNATIONAL LAW (100 MARKS)Course Contents:
1. Nature, Origin and Basis of International Law2. Material sources of International Law3 Subjects of International Law4. Relation between International and State Law5. States In general6. Recognition7. State territorial sovereignty8. State jurisdiction9. State responsibility10. Succession to rights and obligations11. The state and the individual12. The estate and the economic interest13. Diplomatic envoys, councils and other representatives14. The law and practice as to treaties15. The international disputes16. War, armed conflicts and other hostilities17. Neutrality18. International humanitarian law19. International institutions including international criminal court
Books recommended
a) Principles of public international Law by Browinie, 1b) International Law by Oppenheiun, Vol. I & II Edited by H. Lauter Pachtc) Introduction to international law by JG Starked) Law of Nations, Briely, J Le) International Law by Schwazanbergerf) International Law by Tandong) International Law by D J Harrish) International Humanitarian Law - a compilation of selected text by ICRC Pakistani) International Institutions by DW Bowett
26
PAPER – Vl CONSTITUTIONAL HISTORY (100 MARKS)OF PAKISTAN
Course Contents:
1. Salient features of the Government of India Act, 193S2. Indian Independence Act, 19473. Objectives Resolution, 19494. Report of the basic principles committee5. Draft constitution of 19546. Salient features of the 1956 constitution7. Constitution commission of 1960 (shahbauddin commission)8. Salient features of the 1962 constitution9. Abrogation of the constitutions and the martial law10. Legal framework order, 197011. The interim constitution of 197212. Fifth and sixth constitutional amendments in the 1973 constitution13. The PCO of 198214. The RCO of 198515. The Eighth amendment16. The LFO-2002 and the Seventh Amendment 2003
CASES:1. Maulvi Tamizuddin Khan Vs Federation of Pakistan PLD 1955 Sindh 962. Federation of Pakistan Vs Maulvi Tamizuddin Khan PLD 1955 FC 2403. Reference by the Governor General PLD 1955 FC 4354. The state Vs doso & others PLD 2958 SC 5335. Usif Patel & 2 others Vs Crown PLD 1955 FC 3876. Begum Nusrat Bhutto Vs Chief of Army Staff & Federation of Pakistan
PLD 1977 SC 6577. Hakim Khan Vs Government of Pakistan PLD 1992 SC 5958. Nawaz Shairf Vs President of Pakistan PLD 1993 SC 4739. Benazir Bhutto Vs the President of Pakistan PLD 1992 SC 49210. Khawaja Muhammad Shafir Vs Federation of Pakistan & others PLD 1988 LH 72511. Federation of Pakistan Vs Haji Saifullah Khan PLD 1989 SC 16612. Khawaja Ahmed Tariq Rahim Vs Federation of Pakistan & other PLD 1992 SC 64613. Benazir Bhutto Vs President of Pakistan PLD 1988 SC 38814. Asma Jilani Vs Government of Punjab PLD 1972 SC 13915. Mir Hassan and other Vs the state, PLD 1969 Lahore 78616. State Vs Zia Ur Rehman & others PLD 1973 SC 4917. Mahmood Khan Achakzai Vs Fed. Of Pakistan & others PLD 1997 SC 42618. Syed Zafir All Shah & others Vs Gen. Pervez Musharraf, Chief Executive of Pakistan
& others PLD 2000 SC 869
Books RecommendedConstitutional Development of Pakistan By GW ChaudhryConstitutional Documents of Pakistan by Safdar MahmoodConstitutional and Political History of Pakistan by Hamid Khan
27
SYLLABUSLL.B. (FINAL)
LL.B. (FINAL)PAPER – l LAW OF CIVIL PROCEDURE (100 MARKS)
Alt Provisions of the Civil Procedure Code and Limitation Act1. The Civil Procedure Code -1908 80 Marks
2. The Limitation Act 1908 20 Marks
Course Contents:
1. All provisions of the civil Procedure Code, 1908 and
2. All sections of the Limitation Act, 1908 Excluding the Schedule
Books Recommended
1. Civil Procedure Code commentary by Amer Raza A. Khan2. Civil Procedure Code commentary by Nizami {3. Civil Procedure Code by Shaukat Mahmood4. Limitation Act, 1908 commentary by A.M. Chaudhry
PAPER – ll CRIMINAL PROCEDURE CODE (100 MARKS)AND MEDICAL JURISPRUDENCE
1. The Criminal Procedure Code -1898 80 Marks2. Medical Jurisprudence 20 Marks
Course Contents:
1. The Criminal Procedure Code 1908 as amended up-to-date2. Medical jurisprudence with reference to autopsy and physical injuries.
Books Recommended
1. Criminal Procedure Code commentary by MH Nizam
2. Criminal Procedure Code by Shaukat Mahmood
3. Medical Jurisprudence by Jhala & Raja
4. Medical Jurisprudence for India by lyon, I.B.
S. Textbook of Medical Jurisprudence & Toxicology by Modi, NJ.
6. Textbook of Medical Jurisprudence & Toxicology Parikh
7. Medical Jurisprudence by Taylor, A.S.
29
PAPER – lll LAW OF EVIDENCE AND (100 MARKS)LEGAL ETHICHS
1. Qanoon-e-Shahadat (Order) 1984 80 Marks2. Legal Ethics 20 Marks
Course Contents:
1. Alt provisions of Qanoon-e-Shahadat 1984 as amended up to date
2. Legal Practitioners and Bar Council Act, 1973 (Ss 22-28 and 41-47)
3. Chapters on professional Ethics contained in the legal practitioners and Bar Councils Rules. 1976
Books Recommended
1. Munir On Evidence update by Justice (R) Khalil ur Rehman Khan
2. Law of Evidence by Munir
3. Law of Evidence by Best
4. Law of Evidence by Phipson
5. Law of Evidence by M. Mahmood
6. Qanoon-e-Shahadat by Dr. Hamidullah
7. Principles of Legal Ethics by Prof. Dr. Cm Hanif
8. Professional Ethics of the Bar by Anand CL
9. Read Justice by Lord Denning
10. A study Legal Ethics by Jessup, HW.
30
PAPER – lV LEGAL DRAFTING (100 MARKS)
1. Conveyancing 50 Marks2. Pleadings 50 Marks
Course Contents:
1 Drafting by I.C. DESOUZA (Omitting Chapter I & II, Part - II) (Major Petitions of Courts)2 Pleadings in India with Precedents by Sir, C. Walsh and J.C. Weir3. Dataweznawisi by Penna Lai in Urdu, (Latest Edition) only the following 75 forms are prescribed:
a) Receipts No. 1b) Bonds NO. 1-2-6-9c) Agreement 1-5-6-10d) Mukhtarnama 1-2-3e) Bainama 1-4-20-23f) Rahn nama 1-2-3-5-6-7-9-13g) Exchange 1-2-3h) Hiba nama 1-2-3i) Talaq nama 1-2-3-4j) Wills 1-2-4-5k) Partnership deed 1-3l) Dedication 1-2-8m) Settlement 1-2n) Bonds 3o) Adoption 1-4p) Marriage 1-2-3q) Arbitration 1-2-3r) Notice 1-3-5-8-12-13s) Musawada 1-2-3-4t) Promissory note 1-2-3-4u) Patta 1-6 (b)
Books Recommended
1. Law of pleading by Inayatullah2. Conveyancing by Inayatullah M.3. Mogah on Pleadings4 Mogah on Conveyancing5. Pleadings in India with precedents by Sir C Walsh & JC Weir6. Dastaweznavisi by Penna Lai in Urdu (Latest Edition)7. Drafting by I.C. Dsouza (Omitting Chapter l & II, Part - II) (Major Petitions of Courts)
31
PAPER – V INTERPRETATION OF STATUS (100 MARKS)
1. Principles of Interpretation of Statues 80 Marks2. General Clauses Act, 1897 20 Marks
Books Recommended:1. Interpretation of Statutes - Maxwell.2. General Clauses Act, 18973. Law of Interpretation by Maxwell and Craze4. Interpretation of Statutes by Choudhry5. Interpretation of Pakistan Statutes by Kazi Mohammad Ashraf6. Interpretation of Statutes by Mazharuddin Ahmed
Optional Papers
Students will be required to choose two (2) out of the following eight (8) papers (subject to theavailability of qualified teachers)
PAPER-VI:Optional Paper - l intellectual Property LawsOptional Paper - ll Environmental LawsOptional Paper - III Banking LawsOptional Paper - IV Labor Laws
PAPER-VII:Optional Paper - l Taxation LawsOptional Paper - II Land LawsOptional Paper - III Minor ActsOptional Paper - IV Human Rights
PAPER-VI:
OPTIONAL PAPER – l INTELLECTUAL PROPERTY LAWS (100 MARKS)
Course contents:The course will consist of four components in relation to the laws relating to patents, designs, Trade Marks andcopyrights.
PATIENTS, DESIGN, TRADE MARKS AND COPY RIGHT LAWS.
INTRODUCTION TO INTELLECTUAL PROPERTY LAWS:A brief overview of the term "Intellectual Property". A comparison between in its four bran and definitionsthereof.
PATENT LAW:i. PROCEDURE FOR OBTAINING A PATENT
concept of novelty, patentable inventions, procedure for obtaining patent rights, team and renewals.32
ii. EFFECTS OF OBTAINING PATENT RIGHTSPrivileges of acquiring patent rights such as assignments, licensing and infringements proceedings, andrevocation of patents.
DESIGN LAWS:
i. PROCEDURE FOR OBTAINING A DESIGN REGISGRATIONconcept of novelty and originality. Procedure for obtaining design protection, team and renewals.
ii. EFFECTS OF OBTAINING DESIGN RIGHTSPrivileges of acquiring design such as assignments, licensing and infringement proceedings cancellationof registered designs.
TRADE MARKS LAW:
i. PROCEDURE FOR OBTAINING REGISTRATION OF A TRADE MARKprocedure for obtaining registration with reference to goods and service: distinctiveness of a trade markand prohibition as to registration; opposition and rectification proceedings duration and renewal ofregistration.
ii. ENFORCEMENT OF TRADE MARK RIGHTS.Infringement proceedings passing off action
iii. ASSIGNMENT, LICENSING AND REGISTERED USERSAssignment of registered and unregistered trademarks, standard terms and conditions of a licenseagreement, registration of registered user, and right of registered user to file infringement proceedings.
COPY RIGHT LAW:
i. COPYRIGHT, OWNERSHIP OF COPYRIGHT AND RIGHTS OF THE OWNERWorks in which copyright subsists; first owner of copyright; term of copyright
ii. REGISTRATION AND LICENSING OF COPYRIGHTProcedure of obtaining copyright registration; registration of assignment; licenses by owners andcompulsory license.
iii. ENFORCEMENT OF COPYRIGHTWhen copyright infringed; certain acts not infringement of copyright; powers and functions of copyrightboard.
iv. INTERNATIONAL TREATIES AND CONVENTIONSTRIPS Agreement Paris Convention, Patents cooperation Treaty, Universal Convention on Copyrights,Berne convention, etc.
v. LEADING CASES
33
REFERENCES
Patents
1. Patents for inventionsFifth edition by T.A. BIanco While
2. Terrel on the law of patentsFifth edition
3. Intellectual property (3rd edition) by W.R. Cormish.4. Patents law by P. Narayanan (3rd Edition)
DESIGNS
1. Russel Clarke on copyrights and industrial designsBy Michael Fysh (5th edition)
TRADE MARKS
1. Trade and Merchandize Act by Dr. S. Venkateshwarana.2. Kerly on Trade Marks and Trade Names3. Law of Trade Marks and passing Off by P. Narayana.
COPYRIGHTS1. Copyright law by P. Narayana.
Published by eastern law house, Calcutta.2. International copyright by Stewart3. Skone James and Copinger on Copyrights.
OPTIONAL PAPER – ll ENVIRONMENTAL LAWS (100 MARKS)
COURSE CONTENTSI) Introduction
• introduction• Historical background• Practical significance/ multidisciplinary aspect connection with human rights• Sources
EthicsIslamic provision on environmental lawWorld conservation strategy, national conservation strategyProvincial conservation strategiesNational biodiversity action plan
• PrincipalsPrecautionaryPolluter paysInter-generational equityPreventionCooperation/mutual assistance Sovereignty
• Theories of enforcement and compliance
34
ll) International:
• Soft law (e.g. Stockholm Rio)• Multilateral agreements
Biodiversity (5 conventions)Marine (e.g. Los Marpol)Desertification CCDClimate e.g. FCCC KytotoAir e.g. Vienne, MontrealWaste e.g. BaselNuclear Trade e.g. W.T.O Trips
• Dispute resolution• INGOs
ISSO 14000
III) REGIONAL
Soft Law e.g. Langkawi Declaration
AgreementASEANS. Asian regional seasIndus basin commissionMekong river commissionMarine turtlesAquacultureAntiquities
Institutional infrastructureASEANSAARC LAWSACEPUNEP/ESCAP
IV. NATIONAL
1. Constitutions1956, 1962, 1973
2. Statutorya) Federal
Easement ActPEPA 1997NEQSSectoral
b) Provincial
3. Case Law/Common Law
4. Institutional Infrastructurea) Federal PEPC
EPAJudiciary
35
b) ProvincialEPASustainable development fundsTribunals
5. Enforcement/compliancei) Theoryii) Market Instrumentsiii) Practice
6. Techniquesi) E1A/IIEii) Procedural / practical
V. Conclusion
1. LimitationsLaw reform
OPTIONAL PAPER – lll BANKING LAW (100 MARKS)Course contentRelevant provisions of the following laws
1. The state bank of Pakistan Act, 19562. The banking companies’ ordinance 19623. The modarba companies and modarba (Flotation and control) Ordinance 19804. The financial institutions (recovery of finances) Ordinance 20015. The negotiable instruments Act 1881 (All provision sections l - 60, 82 - 85 A and 122 -131
of the Act)
OPTIONAL PAPER – lV LABOR LAW (100 MARKS)Course contents1. The charter of the ILO2. The industrial relations ordinance 20023. The WP industrial and commercial establishment (standing Orders) Ordinance 1968
PAPER – VllOPTIONAL PAPER – l TAXATION LAW (100 MARKS)
1. The Income Tax Ordinance 2001 80 Marks2. The Sales Tax Act, 1990 20 Marks
Course ContentsAll provisions in the relevant enactments
OPTIONAL PAPER – ll LAND LAW (100 MARKS)1. WP Land Revenue Act 1967 60 Marks2. Pre - Emption Laws 20 Marks3. Tenancy Laws 20 Marks
Course ContentsAll provisions in the relevant enactmentsrelevant provisions of local laws.
36
OPTIONAL PAPER – lll MINOR ACTS (100 MARKS)
1. The Arbitration Act 1940 60 Marks2. The Suit Valuation Act 1887 20 Marks3. The Court Fee Act 20 Marks4. Sindh Rented Premises Ordinance 1979 20 Marks
Course contents
All provisions in the relevant enactments
OPTIONAL PAPER – lll HUMAN RIGHTS (100 MARKS)
Aims and objectives
Human rights law is a distinct area of law and raises a number of challenging questions for lawyers. How caninternational human rights standard be implemented across diverse cultures, nations, religions, and economicsystems? What rights and responsibilities does the individual have under international law? What is therelationship between state sovereignty and human rights? These questions are a matter of concern not only toInternational lawyers but also to all those interested in understanding the difficulties that arises in protectinghuman rights at an international level.
Part one of the human rights course introduces students to the international system for the protection ofhuman rights, as developed through the United Nations system post 1945. Students are introduced to thetheoretical and practical problems that arise when attempting to enforce international standards for theprotection of human rights.
Course contents
1. Historical Development of International human rights law2. The normative framework of international law. The UN System for the protection of Human Rights.3. Regional systems for Human Rights protection:
Inter American SystemAfrican Charter of Human and People RightsEuropean Human Rights SystemA regional Human Rights approach to Human Rights in Asia.
4. Universalism and cultural relativism: contemporary debates5. Human Rights in Islam
Selected Topics.
1. The death penalty In International law2. The right to the highest attainable standard of health3. The prohibition of torture in international human rights law4. Racism and international law. The UN convention on the elimination of alt form of racial
discrimination; racism and international human rights law.
37
SYLLABUSLL.M.
(Previous & Final)
PAPER – l LL.M (Previous)
Comparative study of world constitutionsUK.U.S.ARussia or ChinaSwitzerlandIndiaPakistanIran or Turkey
Topics of studySalient features of the constitutionExecutiveLegislatureJudiciaryFundamental rightsLocal governmentPolitical parties
Recommended books1. Fundamental law of Pakistan by A.K. Brohi2. Constitution and Problems of Pakistan by Ivour Jennings3. Qanoon-e-Dustouri by Muhammad Khalilullah4. Dasateer-e-Alam by Muhammad Khalilullah5. Essay on the Constitution of Pakistan by K.J. Newman6. The parliament by Jennings7. Parliamentary government in England by Laski8. Modern constitution by strong9. Reflection on the constitution by Laski10. The English constitution by Bagehot11. The government of England by Lowell12. Law of the constitution by Dicey13. The machinery of Government by Illyas Ahmed14. American political system by Brogan15. Government of USA by Munro16. American presidency by Laski17. Grammar of politics by Laski18. The Supreme Court in United States history by Warren19. Modern democracies by Bryce20. The theory and practice of modern government (Vol. l & ll) by Finer21. The Government of Switzerland by Rappard22. Greater European Government by Lowell23. Law of the Soviet States by Vishinsky24. The Cabinet Government by Jennings25. Jadeed Dasateer-e-Alam by Shah Faridul Haq26. Political powers in the USSR by Towster27. The new Soviet Constitution by Strong28. Federation India by Gadgil
39
29. The constitution of new India by Joshi30. Indian constitution by Baneriji31. Indian constitution by Sharma32. Constitution of Pakistan by Munir33. Constitution of Pakistan by S.S. Pirzada34. Constitution of Pakistan by Shaukat Mahmood35. Comparative study of worlds constitutions by Sarfaraz A. Akhud. Published by Tahir Sons, Urdu Bazar, Karachi
Constitution being the finer end of political theory are difficult to list as well as study. All the great classicalwriters on the subject within the course of a year, it would be sufficient, if the reader could in particular studythe following:
John tocke Thomas PaineSecond treatise on Civil Government Common sense
Hamilto Jay & Madison Rights of manThe Federation Hans Kelsen
General Theory of Law and State
C.H.Haines C.H.MellwainThe Revival of Natural Law concepts Constitutionalism & the Changing World
C.H. Mellwain M.J.C.VileConstitutionalism: Ancient & Modern constitutionalist and the separation ofPowerMarkesins K.C.WheareThe Theory and practice of Dissolution Modern Constitutions.Of parliamentK.G. Wheare FinerLegislatures Five Constitutions pp, 13-32
It is imperative to study the raw material i.e. the texts of the constitution upon which comparative study isbased. The text all the constitutions which are the subject matter of this course can be found in the followingbooks.1. A.J. Peaslee (ed)
The Constitution of the World2. Balutain and Flanz (ed)
Constitutions of the Countries of the World3. Wolff Philips (ed)
Constitutions of Modem States4. W.F. Dodd
Modem Constitutional Law
While the above books deal with the subject generally and a study of the same is essential for an understanding of thesubject, it is also necessary to consult the following more specialized books1. Murphy and Tane house
Comparative Constitution Law chapters 4 and 5Appendices 4A, 4B, 4C and 5
40
2. J.F TriskaConstitution of the communities’ states
3. Institute of Jewish AffairsThe new soviet draft constitution and human rights
4. SchlesingerSoviet legal theory
5. BermanJustice in the USSR
6. Feldbrugge and SimonPerspective upon Soviet Law of the 1980's
7. SimonbConstitutions of the communist world
This reading list only supplements and does not in any way replace the reading list provided in the syllabus.Other books, articles and reading materials may be referred during the course of the lectures and up to datecase law on the subject.
PAPER-II SHARIAT LAW
Topics of study
1. Contract of sale, sale by prescription, sale by sample exchange2. Bailment lease, mortgage, Gift usufruct3. Partnership, muzarabat.4. Evidence5. Adjudication6. Islamic penal Law, Hudood Law (capital punishment prescribed in Quran), theft, extortion, intoxication, rape,
adultery
Recommended Books
1. Hidaya translated by Hamilton2. Ainul hidaya Urdu translated by Hidaya3. Ghayatul akhtar, Urdu translation of Durrul Mukhtar4. Rudoul Mukhtar by Dhami5. Digest of Muhammadan Law by Baillie6. Principles of precedents of Muhammadan Law7. Fathul Qadeer by Hammam8. Noorul Hidaya by Waheeduzzaman
Further Books on Muslim Law
Islamic survey vol.2 by N.J. Colulsion (Edinburgh university Press)Mohammadan Law by I. B. tayabji (D.B. torapurvela, Bombay, India)Mohammadan Law, 1968 edition by D.F. Mulla (from any book seller in India)Minhaj al Talibin, a manual of Mohammadan Law, by Nawavi translation by E.C. Howard (W. Thacker & co.,London)
41
Limited interest in Muhammadan Law, by Kamila Tayabki, Stevens and Sons London Mohammadan Law Togore Lawlecture 1981 - 92 by Moufvi Mohammad Yousuf Khan (Thaker, Spink and Co. Calcutta, India)Anglo-Mohammadan Law by Wilson (W. Thaker and Co. Calcutta India)Mohammadan Law by Syed Ameer AliA Digest of Mohammadan Law by N.B.E. Bailie (1957 ed) Premier Book House, 4/5 Kutchery road, LahoreOutlines of Mohammad Law (1964 ed by Asaf A. A. fayzee (Oxford University press)Case in Mohammad Law of India & Pakistan Asaf A. A. Fayzee (Oxford University Press) Mohammadan Theories of Finance,with an introduction to Muhammadan Law by N.P. Aghindidis (1961 ed.)
PAPER - III HUMAN RIGHTSTopics of study1. The concept the meanings, scope and aspects.2. Philosophical foundation3. Fundamentals of Human Rights4. Moral aspects5. Social aspects political aspects6. Political aspects7. Religious aspects legal aspects8. Legal aspects9. Historical aspects10. Economic aspects11. Human rights and (discriminatory practices in the Arab World at the advent of Islam12. The Quranic of human rights13. The Prophet’s crusade for human rights14. Meesaq e Madina (Charter of Madina)15. Impact of the charter on the evolution rights16. Judicial processes17. Protection of human rights during the life of Prophet18. Prophet's last sermon at Makkah19. The impact of the last sermon on discriminatory practices (color, Race region) human rights under the caliphs and subsequent
time20. Legal guarantees and sanctions against violations of human rights in the world of Islam21. Human rights and contemporary world22. French evolution and Human rights23. Human rights the western world24. Human rights and the colonial world25. Human rights in the US, Latin America26. Human rights in the communal world; theory/practice27. Judicial measures28. Europeans courts of human rights29. Enforcement measures30. Human rights under the united nations31. Universal declaration of human rights32. Significance and importance33. Analyze of the charter, enforcement of the machinery provisions34. Fundamental human rights and modern constitutions35. Legal safe guards36. Human rights and military society37. Human rights and emergencies38. A Human rights and war39 Human rights and military occupation40 Discrimination grounds of Sex, grounds of Religion, Grounds of Region, Grounds of Politics, Race and Prospects.
42
Recommended Books
1. Oppenhein: international law chapters relating to human rights European conventions on human rights2. Dr. Kalifa Abdul Hakim: fundamental Human Rights3. Salahuddin: Bunyadi Haqooq4. Human Rights in Islam Abulala Maudadi translated by Khurshed Ahmed5. Hanker: Studies in Civil Liberties6. Locke: Civil Government7. Khurshee Ahmed: Islam Nazria Hayat8. Dr. Wei Kwei: the individual and community9. Mason: Tru government in the making10. Freedom and culture compiled by UNESCO11. On Liberty J.S. Mill12. The Social Foundation of Human Behaviors13. Justices Qadeeruddin: Pakistan I. Constitution 1973 (Portions relating to fundamental rights and
constitutional)14. Dastoor Islami Jamhooriya Pakistan by Mohammad Khalilullah15. Human Rights and world politics: David P. Forsythe16. Human Rights, A Critique, T.S. Balra17. The Law of Inheritance in the Republic of Syria and Lebanon press (Beirut)18. West Pakistan Family Courts, By M.A. Chatha19. Institutes of Musalman Law (1969 Edition) translation of Qadri Pasha's Musalman code prepared in
Egypt by Nawab A. F. M. Abdur Rehman20. The Majeele (1969 Edition) English translation of court of Islamic Civil Law prepared by Turkish scholars
by C. R. Tyser, E.A.L21. Kitab ul Fiqh, by A. Rehman Al Jazeri 4 vols. Up to date case law on the subject.PAPER - IV COMPARATIVE STUDY OF ISLAMIC AND WESTERN JURISPRUDENCEJurisprudenceTopics of study1. The science of Jurisprudence2. Nature and sources of law3. Theories of law and administration of justice4. Punishments their kinds and objects5. Crimes and Torts6. Theories of origin and functions of states7. Legal and equitable rights8. Ownership possession and person9. The law of property10. The law of obligations11. The theory of sovereignty12. The law regulations relations between Muslims and non-muslimsRecommended Books
1. Jurisprudence by Sir John salmond2. Theory of law by Karkunow3. Historical Jurisprudence by Lee
43
4. Principles of Mohammadan Jurisprudence by Sir Abdul Rahim
5. Islamic Jurisprudence by Kamal Faruqi
6. Usool-e-Qanoon translated by Syed Raza Ali
7. Jila-ul-absar by Abdul Jabbar Khan
8. Falsafa Shariat Islam by Subhi Mahmasani
9. Fiqh-e-Islam by Hasan Khateeb
10. The principles of morals & Legislations by Jeremy Bentham
11. The Growth of Law by Benjamin N. Corozo
12. Studies in Muslim Political thoughts by Haroon Khan Sherwani
13. Jurisprudence and legal essay by Sir Federic Pollack
14. An introduction to philosophy of Law by Roscoe Pound
15. Comparative Jurisprudence by Dr. M. S. Rana
16. Lectures on Jurisprudence or the philosophy of positive law by John Austin
17. Province of Jurisprudence determined by John Austin
18. Limits of Jurisprudence defined by Jermy Bentham
19. Legal theory by W. Friendmen
20. Social Contract and the Islamic State by Ilyas Ahmed
21. Usool-e-Fiqh by Qari Habibur Rehman Siddiqui
22. History of Fiqu-e-Islam by Abdul Salam Nadvl
23. Text book of Jurisprudence by Peter George White Cross
24. The Province and Functions of Law by Julius Stone
25. Law in the Making by Dr. Allan
26. Development of Muslim Theology, Jurisprudence and Constitution by MacDonald
27. Administration of the Sultanate of Delhi by Dr. I. H. Qurishi
28. Political thought in Mdieval Islam by Resenthal
29. Philosophy and Method of the Law by the Edger Boden Heinor
44
LL.M. (FINAL)PAPER - I PAPER - IIINTERNATIONAL LAW SOCIAL LEGISLATION
PAPER - III PAPER - IVCRIMINOLOGY LAW OF EVIDENCE
QANOON-E-SHAHADAT, 1984
PAPER – V COMPANY LAWS & MODARBATopics of studies1. Corporate law 2. Constitution and incorporation3. Capital issues and control 4. Share capital and its structure5. Prospectus 6. Promoters fiduciary capacity7. Corporate control and inspection 8. Equity holders, their rights and liability9. Control of majority shareholders 10. Directors, their responsibility and control
activities of the company11. Borrowing powers of the directors 12. Members relationship with company13. Minority shareholding and their security 14. Reconstruction and amalgamation15. Merger control by General Body 16. Winding up and liquidation17. Procedure and practice 18. Companies Ordinance, 198019. Economic Reforms Order 1972 acquisition 20. Equity participation Fund
and compensation of industries andcorporate control through MLR
21. Foreign and private investment its control 22. Debenturesand protection capital issue and control
23. Mortgages 24. Issue and transfer25. Companies (Managing Agency and Election 26. Capital Issue and Control Ordinance
of Directors) Order 197227. Muzarabat 28. Definition29. Constitution 30. Conditions Principle of Agreements and its
Shariat purpose31. Power and duties of Amin 32. Relationship between the parties’ concept of
Muzarib, Ajeer and Ujrat33. Kind of property and purpose of business 34. Profit and loss35. Share and profits
Books Recommended1. Company law by LC.B. Gower2. Company Law by Palmers3. Company Law by Pennengton4. Company and its Shareholder by Dr. Khalid Ranjha5. Company law by Buckley6. Sealys cases and material in company Law7. Company Law by Shaukat Mahmood8. Company Law by Faridul Haq9. The Modarba Companies & Modarba (Flotation & Control) Ordinance, 1980 & the Modarba Companies & Modarba Rules,
198110. The Companies Ordinance 198411. A hand book of Company Law by A. M. Choudhry, published by PLS Publications, Nabha, Road, Lahore12. Northey & Leigh's Introduction to Company Law13. Topham & Invamy's Company Law 16 Edn.
45
PAPER – Vl SHIPPING LAW
Topics of studies1. Introduction and important terms 2. Carriage of Goods by Sea3. Historical development of liability of carriers by sea 4. Commercial practice5. Types of Charter Parties 6. Voyage charter parties7. Time Charter Parities 8. Charter parties by Demise9. Express and implied undertaking of the parties 10. Representations, conditions a warranties11. Frustrations 12. Functions of bill of lading13. Carriage of Goods by Sea Act 1925 14. Bills of lading Act 185615. Usual Clauses and implied undertaking in bills of lading, 16. Preliminary voyage
transfer of rights and liabilities under bills of lading17. Loading discharges and delivery lay days 18. Exclusion and limitation of ship owner’s liability19. The master 20. General average including York Antwerp Rules 195021. Demerge 22. Freight23. Liens 24. Construction of charter parties and bills of lading25. Marine insurance general principals and commercial 26. Insurable interest
practical practice27. Insurable value 28. Disclosure and representation29. The policy 30. Double insurance31. Warranties 32. The voyage33. Assignment of the policy 34. The premium35. Loss and abandonment 36. Partial losses (including salvage and general average
and particular charges)37. Measure of indemnity 38. Rights of insurer on payment39. Return of premium 40. Lloyd's form of policy.41. Institute clauses 42. Reinsurance43. Maritime law and mortgage of ships 44. Procedure in action interim45. Ownership, registration, construction, sale and 46. Maritime lines
mortgage of ships47. Flags of convenience 48. Limitation of ship owner's liability49. Safety regulations for merchant and passenger’s ships 50. Authority of Master's rights and duties of crew51. Pilotage 52. Stevedoring contracts53. Use of harbors and docks 54. Collision towage55. Salvage
Recommended Books1. Shipping Law by Chorley and Giles2. Marine Insurance Act 1906 by Charmers3. Carriage of Goods by Sea by Payne and Ivamy4. Carriage of Goods by Sea Act 1925 by S.K. Mohyuddin5. Carriage by Sea (2 Vols) by Arnould6. Law of Marine Insurance and Average (2 vol) by Arnould7. Law of Demurrage by Tiberg8. General Average, the York Antwerp Rules by Lowndes & Rudoolf9. Collision at Sea by Marsden10. Merchant Shipping Acts by Temperly11. Flags of Convenience by Boozek12. Charter Parties by Scrutton13. Civil Salvage by Kennedy
46
PAPER – Vll LAW OF TAXATIONTopics of studies
A1. General philosophy, theory and justification of taxation 2. Statutory Obligation3. Interpretation of fiscal Laws 4. Direct and Indirect TaxationB: INCOM TAX LAW1. Philosophy of taxation, administration of tax system 2. Charge of tax 3. Computation of total income 4.Allowance and relief 5. Payment of tax before assessment 6. Assessment7. Tax liability in special case 8. Recovery of tax 9. Refund and tax credit 10. Penalties11. Offences and prosecutions 12. Appeals reference and revision 13. MiscellaneousC: CAPITLA GAINS TAX1. Principles of capital gains tax 2. Assessment and valuation3. Capital gains taxation under Income Tax Ordinance 2001.D: LAW OF SALES TAX1. Charge of taxation 2. Assessment of taxation3. Recovery drawback 4. Practical problemsE: WEALTH TAX1. Charge of wealth tax 2. Administration3. Return of wealth 4. Special5. Recovery practical problemsF: GIFT TAX1. Charge of gift tax 2. Administration3. Assessment 4. Recovery5. Practical problemsG: ZAKAT AND USHAR1. Philosophy and legal justification 2. Whether zakat a tax or charity3. Enforceability 4. Concept of Nisab
H: EXCISE AND SALES TAX ACT1. Property taxRecommended Books1. Whiteman & Wheat croft on Taxation2. Income Tax Ordinance 20013. The Law of Capital Gains Tax by Hamid Ali4. The Law of Sales Tax by Raza Naqvi5. The Law of Gift Tax by Raza Naqvi6. The Law of Wealth Tax by Mohammad Amin Butt7. Law of Practice of Income Tax by Raza Naqvi8. Income Tax by Kanga and Palkhivala9. Law and Practice of Income Taxes by Mian Zahiruddin10. Indian Tax Law by Aiyer11. Wheat croft on Capital Gains Taxes12. Pinaon on Revenue Law13. Tilay on Revenue Law14. Law of Income Tax and Capital Taxation by G.N. Bhatti
47
15. Leading cases on Income Tax by Mannix16. History of Income Tax by B.E.V. Subine17. Taxation Overseas as Income and Gains by Suption18. Alternative approaches to gain taxation by Martin David19. Introduction to Taxation Ray M. Somerfort20. Taxation of Income from the capital Arnor. C Harnenger and M. Artin Bailey21. Simson's Income Tax22. Potter and Monreon on Tax Planning23. Tax Havens Encyclopedia by splitz24. British Tax Laws Mervyn Leis25. Taxation and Tax Policies in the middle east by Askari, Coming and Glover26. Concise Exposition of the Law of Income Tax by M.L. Baig27. Comprehensive Income Tax by Pechmen28. Titmar and Company Dismissal and Taxation of Employers29. Jones and Bedliringor Share Capital and Debenture Sebine: History of Taxation30. Law of Income Tax India by V.S. Sundram31. Revenue Law by Davies
PAPER – Vlll LABOR LAWS
Topic of study1. International Labor Organization
a. Administrative machineryb. Missionc. The decisions affecting social and economic life of nation (convention and recommendation i.e. minimum
labor standard prescribed by I.L.O.2. Constitutional Guarantees
a. Contained in constitution of Pakistan 1973 special references Articles3,11,14,16,17,18,19,23,24,25,27,31,37,38,240,241,242,253.
3. Discrimination in employment and occupations, on the basis of race, color, sex, religion, political opinion, socialorigin affecting equality of opportunity and treatment practices opposed to Islamic way of life and socialconditions, dignity of labor in Islam.
4. industrial relationa. Contract of serviceb. Wages its statutory regulations trade unions, collective bargaining, industrial disputes grievance,
settlement and adjudication.5. Labor & Management cooperation in Pakistan with special reference to social security compensation for death
injury or disability, medical sickness maternity and old age benefits.
Recommended books:
1. ILO Publications on Constitution of ILO discrimination in employment worker’s education manual2. Constitution of Pakistan by Commentary by Munir3. Outlines of Industrial Law by Buterworths publication4. National Labor Policies more particularly 1969 and 19725. Pakistan Labor Code6. Supreme Court Cases on Labor Laws, decided between 1970 to 19837. Commentary on industrial relation in Pakistan8. Industrial & Commercial Employment Relations by Prof. Obaid ur Rahman prescribed for LLM course.9. Industrial Relations Ordinance 2001.
48
GOVERNMENT ISLAMIA LAW COLLEGE, KARACHI
LIST OF THE PRINCIPALS
S.No. Name of Principal Period
1 Mr. Justice Muhammad Bux Memon 1962-1964
2 Prof. Iqbal Ahmed 1964-1973
3 Prof. Z.H. Chisti 1973-1974
4 Prof. Abdul Baqi Molvi 1974
5 Prof. S.M. Noorul Hassan 1974
6 Prof. Justice (Retd.) Shamim Ahmed Sarwana 1975
7 Prof. Mehdi Ali Siddiqui 1975-1981
8 Prof. Mohammad Mustafa 1981-1983
9 Prof. Azhar Ali Siddiqui 1983-1994
10 Prof. Bashir Ahmed Sheikh 03.11.1994 to 07.04.1995
11 Prof. Sadruddin Huda 08.04.1995 to 10.07.1998
12 Prof. Abrar Hasan 11.08.1997 to 10.07.1998
13 Prof. Syed Mamnoon Hasan (Dean Faculty of Law) 11.07.1998 to 30.11.2009
14 Prof. Moin Azhar Siddiqui 01.12.2009 to date
49
PRESENT FACULTY MEMBERS OFGOVERNMENT ISLAMIA LAW COLLEGE, KARACHI
(POSITION AS ON 30.06.2010)ON REGULAR CADRE
S.No. Name Designation Date of Joining1 Prof. Moin Azhar Siddiqui Professor 08.09.1997
M.A. LL.B — PrincipalAdvocate Supreme Court of Pakistan
2 Prof. Mohammad Iqbal Chaudhry Professor 01.01.1998LL.B LL.MAdvocate Supreme Court of Pakistan
3 Prof. Ainuddin Khan Professor 01.09.1998M.A. LL.MAdvocate Supreme Court of PakistanFormerly Additional Advocate General Sindh
4 Mr. Syed Jalil Ahmed Hashmi Lecturer 18.09.2002M.A. LL.BAdvocate High Court
5 Mr. Muhammad Aqil Lecturer 01.02.2002M.A LL.MAdvocate High Court
6 Mr. Muhammad Arif Latif Lecturer 01.02.2002M.A LL.BAdvocate High Court
7 Mst. Sarwar Jehan Lecturer 01.04.2002M.A LL.BAdvocate High Court
8 Mr. Rizwan Ahmed Siddiqui Lecturer 01.07.2004M.A LL.BAdvocate Supreme Court of Pakistan& Deputy Attorney General of Pakistan
9 Mr. Raza Mamnoon Syed Lecturer 01.07.2004B.Com, MBA, LL.MAdvocate High Court
10 Mr. Naseem Akhtar Lecturer 14.02.2005B.A. LLBAdvocate High Court
50
ON CONTRACT CADER
S.No. Name Designation Date of Joining1 Prof. Tasawur Ali Hashmi Professor 27.09.1983
M.A. LL.B, LL.MAdvocate Supreme Court of Pakistan
2 Prof. Iqbal Akhtar Professor 0109.1993B.Com. LL.BAdvocate High Court
3 Prof. Akhtar Hussain Professor 15.09.1997B.Com. LL.BAdvocate High Court
4 Prof. S. A. Chohan Professor 01.01.1998B.A LL.BAdvocate High Court
5 Prof. Syed Shamim Raza Professor 01.08.1998M.A LLMAdvocate Supreme Court of Pakistan
6 Prof. Akhtar AH Mehmood Professor 01.09.1998B.A, LLBAdvocate High CourtFormerly Deputy Attorney General of Pakistan
51
FORMER FACULTY MEMBERS OFGOVERNMENT ISLAMIA LAW COLLEGE, KARACHI
S.No. Name Designation1 Mr. I.A. Minai Professor
M.A LL.B
2 Mr. S. Muddasar Shah ProfessorB.A LL.B
3 Mr. S.M.W. Hazartji ProfessorB.A. LL.B
4 Late Mubarak H. Siddiqui ProfessorB.A. LL.B
5 Mr. Muzafar Ali Khan ProfessorBar-at-Law
6 Mr. S. Zaki Mohammad ProfessorB.A LL.B
7 Mr. Faizuddin ProfessorB.A LL.B
8 Mr. Abul Khair Anssari ProfessorM.A LL.B
9 Late Abdul Qayyum Sheikh ProfessorB.A LL.B
10 Late N.K. Jatoi ProfessorBar-at-Law
11 Mr. Zaheer Ahmed Khan ProfessorLLM
12 Mr. Gul Bahar Korai LecturerM.A LLBAdvocate Supreme Court of Pakistan
13 Mr. Muhammad Ilyas Khan LecturerM.A Law (USA)Advocate Supreme Court of Pakistan
14 Mr. Bashir Ahmed Sheikh ProfessorB.Sc. LLMAdvocate Supreme Court of Pakistan
52
FORMER FACULTY MEMBERS OFGOVERNMENT ISLAMIA LAW COLLEGE, KARACHI
S.No. Name Designation1 Mr. I.A. Minai Professor
M.A LL.B
15 Mr. Abdul Sattar Pinger ProfessorM.A. LL.BAdvocate Supreme Court of Pakistan
16 Mr. Niaz Ahmad Khan ProfessorB.A LL.BAdvocate Supreme Court of Pakistan
17 Mr. Amanullah Khan ProfessorB.A. LL.BAdvocate High Court
18 Mr. Mir Hamid Ali ProfessorB.A LL.BAdvocate High Court
19 Dr. Abdul Rasheed ProfessorM.A LL.B, Ph.DFormer Dan Faculty of Islamic Studies,University of Karachi
20 Mr. Muhammad Afzal LecturerB.A. LL.B (Retd) Judge Anti - Corruption
21 Dr. Amjad Hussain Bukhari ProfessorB.A LLB Ph.D
22 Justice (Retd) Ata ur Rehman Professor
23 Mr. Justice Dr. Rana M. Shamim ProfessorM.A, LL.B, LL.M, Ph.D Law
24 Mr. Justice (R) Zafar Had! Shah Professor
25 Syed Mamoon Hussain Professor
26 Mr. Justice (R) Mushataq A. Memon ProfessorB.A., LL.B
27 Or. Justice (R) Ghous Muhammad ProfessorPh.D, M.A, LL.B
53
PHOTOGRAPH OF THE PRINCIPAL ANDFACULTY MEMBERS OF
GOVERNMENT ISLAMIA LAW COLLEGE, KARACHI.
SITTING FROM LEFT TO RIGHT:
(1) PROF. SYED SHAMIM RAZA (2) SYED JALIL AHMED HASHMI, LECTURER(3) MR. RIZWAN AHMED SIDDIQUI, LECTURER (4) PROF. TASAWAR ALI HASHMI(5) PROF. MOIN AZHER SIDDIQUI, PRINCIPAL (6) PROF. AKHTER ALI MEHMOOD(7) PROF. AKHTER HUSSAIN (8) PROF. IQBAL AKHTER(9) PROF. S.A. CHOHAN
STANDING FROM LEFT TO RIGHT
(1) BARR. QAYYUM NAWAZ KUNDI, LECTURER (2) MR. ABDUL SABOOR, LECTURER(3) MR. NASEEM AKHTER, LECTURER (4) MR. MUHAMMAD AQIL, LECTURER(5) MST. SARWAR JEHAN, LECTURER (6) MISS. SAMINA SIDDIQUI, LECTURER(7) PROF. CH MUHAMMAD IQBAL
PHOTOGRAPH OF THE PRINCIPAL ANDSTAFF OF
GOVERNMENT ISLAMIA LAW COLLEGE, KARACHI
Sitting. (Left to Right):
Syed Safdar Ali, Mr.Rana Zaheer Alam, Mr. Muhammad Shahid, Prof. Akhtar Ali Mehmood ,Prof. Moin Azhar Siddiqui (Principal), Mr. Muhammad Ali Pasha , Mr. Muhammad Rafiq ,Mr. Muhammad Majeed.
Standing. (Left to Right):
Mr. Majeed Ahmed, Syed Tahir Ali, Mr. Muhammad Yousuf, Mr. Muhammad Rehman,Mr. Muhammad Zafar
