A Lawyer and His Legal Research

SHAHZADABI
DBAI
G
A LAWYER
AND HIS
LEGAL
RESEARCH
2023
First Edition
SHAHZAD ABID BAIG

Published in Pakistan
By the
Law Office of Shahzad Abid Baig
Chamber No.6, Old Chambers, District Courts, Jhelum
www.mirzasablaw.com
First Edition
2023
©2023 Shahzad Abid Baig

All rights reserved. No part of this publication may be reproduced or
transmitted in any form or by any means, including photocopying and
recording without the written permission of the author.
If you can fill the unforgiving minute
With sixty seconds worth of distance run,
Yours is the earth and everything that is in it,
And- which is more-you will be a man my son!
This is a Poem written by Rudyard Kippling on a winter's day in 1910 for his 12-year-old son John
Kippling. Suzanne Chazin mentions it in an article entitled 'You'll be a Man My Sonl' published in Readers
Digest of September 1993. The writer of the article writes: "within a four short years, the four stanza
poem became a classic the world over, translated info 27 languages, including Indonesian,
Japanese and Hindi. School children memorized it. Young men marching off to battle recited it.
Its simple inspirational code of conduct defined for millions of people a set of
values to live by"
Dedication
This work is dedicated to my beloved father
Mirza Abdul Ghafoor Baig, Advocate Supreme
Court of Pakistan who was a history maker in all
walks of life and symbol of pride for us and the
District Bar Association Jhelum.
TABLE OF CONTENTS
INTRODUCTION ---------------------------------------------------------------------------------------- i
Chapter 1: A Lawyer and his Legal Research

1- A Lawyer and his Legal Research------------------------------- 1
1.1- The LR-Method--------------------------------------------------------- 2
1.1.1- Arrange the facts ---------------------------------------------------- 3
1.1.2- Keep in mind the wishes of your Client ----------------------- 4
1.1.3- Read and re-read the problem---------------------------------- 4
1.1.4- Sift the relevant from irrelevant facts and determine the
initial factual issues---------------------------------------------------- 4
1.1.5- Determine Initial Legal Issues-------------------------------------- 5
1.1.6- Table of Initial Factual and Legal Issues ---------------------- 5
1.1.7- Drafting of Pleadings ------------------------------------------------ 6
1.1.8- Sources of Legal Research----------------------------------------- 6
1.1.8.1- The Constitution of Pakistan, 1973 - ---------------------------- 7
1.1.8.2- Legislations -------------------------------------------------------------- 13
1.1.8.2.1- Provisions regarding distribution of Legislative Powers--- 13
1.1.8.2.2- Provisions with respect to Legislations by the Parliament 14
1.1.8.2.3- Provisions with respect to Legislations by the Provincial
Assemblies -------------------------------------------------------------- 17
1.1.8.2.4- Prior sanction of President required to Bills affecting
taxation in which Provinces are interested ------------------ 19
1.1.8.2.5- The Legislative Business --------------------------------------------- 19
1.1.8.2.5.1- Pre-Drafting Requirements of a Bill ----------------------------- 21
1.1.8.2.5.2- Types of Bills ------------------------------------------------------------- 22
1.1.8.2.6- The basic principles of Legislative Drafting ------------------ 23
1.1.8.2.7- Statutes ------------------------------------------------------------------- 24
1.1.8.2.7.1- Determining Legislative Intent ----------------------------------- 26
1.1.8.2.7.2- Doctrine of Ultra Vires ----------------------------------------------- 26
1.1.8.2.7.3- Doctrine of reading down and preservation of water
down version ----------------------------------------------------------- 27
1.1.8.2.7.4 Doctrine of Severability --------------------------------------------- 28
1.1.8.2.7.5 Doctrine of Pari Materia --------------------------------------- 28
1.1.8.2.7.6 Rule of last antecedent and the Doctrine of Ejusdem
Generis - 29
1.1.8.2.7.7 Doctrine of Casus Ommisus --------------------------------------- 30
1.1.8.2.7.8 Doctrine of Penumbra ---------------------------------------------- 31
1.1.8.2.7.9 Ut Res Magis Valeat Quam Perat ------------------------------- 32
1.1.8.2.8 Rules and Regulations ---------------------------------------------- 32
1.1.8.3 The Precedents and the Law Reports ------------------------- 34
1.1.8.3.1 The Legal Citations --------------------------------------------------- 36
1.1.8.3.2 Pakistan Standard Style of Legal Citations------------------- 38
1.1.8.3.2.1 Citing the decisions of apex Courts of Pakistan ----------- 38
1.1.8.3.2.1.1 Citing the decisions of apex Courts of Pakistan in a
continuous paragraph --------------------------------------------- 39
1.1.8.3.2.1.2 Citing the decision of High Courts of Pakistan approved
but not yet reported and published in Law Journal ----- 39
1.1.8.3.2.1.3 Citing the decision of High Courts of Pakistan approved
but not yet reported and published in Law Report/Law 40
Journal ----------
1.1.8.3.2.1.4 If a Citation is repeatedly referred in later sentences --- 40
1.1.8.3.2.2- Citing the Constitution of Pakistan, Legislation, Rules,
Regulations Presidential Orders, Ordinances and 41
proposed Bills
1.1.8.3.2.2.1 Citing the Constitution of Pakistan ----------------------------- 41
1.1.8.3.2.2.2 Citing the Acts of Parliament and Provincial Assemblies 42
1.1.8.3.2.2.3 Citing the Procedural Law containing Order and Rules 42
1.1.8.3.2.2.4 Citing the Ordinances ---------------------------------------------- 43
1.1.8.3.2.2.5 Citing the Regulations ---------------------------------------------- 43
1.1.8.3.2.2.6 Citing the Orders ------------------------------------------------------ 44
1.1.8.3.2.2.7 Citing the Bill ------------------------------------------------------------ 45
1.1.8.3.2.2.8 If above-mentioned Citation is repeatedly referred ----- 46
1.1.8.3.2.3 Citing the references of books and e-books --------------- 46
1.1.8.3.2.3.1 Citing the references of books and e-books --------------- 46
1.1.8.3.2.4 Citing Articles from Journals, Newspapers and Website 48
1.1.8.3.2.4.1 Citing Journal Articles ----------------------------------------------- 48
1.1.8.3.2.4.2 Citing Newspaper Articles ------------------------------------- 48
1.1.8.3.2.5 Arranging the Footnotes and Bibliography ----------------- 50
1.1.8.3.2.5.1 Arranging the Footnotes ------------------------------------------- 50
1.1.8.3.2.5.2 Arranging the Bibliography --------------------------------------- 50
1.1.8.4- Customary Law ------------------------------------------------------- 50
1.1.8.5- Law Lexicons, Dictionaries, Legal Maxims ------------------- 53
1.1.8.6- How to use the Legal Maxims in Written and Oral
Arguments -------------------------------------------------------------- 54
1.1.8.7- Law Journals, Law Reviews and Impact Factor ----------- 54
1.1.8.8- Treatises ------------------------------------------------------------------ 60
1.1.8.9- Jurisprudential Theories --------------------------------------------- 61
1.1.8.10- Technological Sources of legal research -------------------- 62
1.1.8.10.1- Research through Search Engines ----------------------------- 62
1.1.8.10.2- Research through Research Websites ------------------------ 62
1.1.8.10.3- Research through Court’s Websites --------------------------- 63
1.1.8.10.3.1- Case Management System, District Judiciary, Punjab -- 70
1.1.8.10.3.2- District Court’s Website --------------------------------------------- 71
1.1.8.10.4- Research through Digital Libraries ------------------------------ 71
1.1.8.10.5- What is Digital Object Identifier and its use in research? 75
1.1.8.10.6- Research through ChatGPT -------------------------------------- 75
Chapter No.2: How to reflect your legal research in your arguments?

2.1- How to reflect your Legal Research in your arguments? 82
2.1.1- The Right to Begin ---------------------------------------------------- 83
2.1.2- The ‘First Hearing’ by a Civil Court ------------------------------ 84
2.1.3- The Final Hearing ----------------------------------------------------- 72
2.1.4- The Opening Statement ------------------------------------------- 73
2.1.5- Clarity of Thought ----------------------------------------------------- 73
2.1.6- Create a picture in the mind of the Judge ----------------- 74
2.1.7- Analytical Mind -------------------------------------------------------- 75
2.1.8- Command Over Language -------------------------------------- 76
2.1.9- Effectiveness of expression, a method of persuasion
and a reasonable approach ------------------------------------ 76
2.1.10- Having studied the Court ------------------------------------------ 77
2.1.11- Having studied the facts ------------------------------------------- 78
2.1.12- Having studied the law --------------------------------------------- 78
2.1.13- Professional Robes of Advocates ------------------------------- 78
2.1.14- Mode of addressing the Judges of Superior Courts ------ 79
2.1.15- Placing correct law before the Court/Authority ---------- 81
2.1.15.1. How to check that a certain Precedent is Reversed,
Overruled, Dissented or not? ------------------------------------- 83
2.1.16- High Court Rules and Orders regarding Arguments ----- 84
2.1.17- How to conclude the Arguments ------------------------------- 85
2.1.18- The Written Arguments --------------------------------------------- 85
2.1.19- The Concise Statement -------------------------------------------- 88
2.2- Research by Law Librarians --------------------------------------- 89
2.2.1- Personal Law Office’s libraries ----------------------------------- 90
2.2.2- Law Firm’s Libraries --------------------------------------------------- 90
2.2.3- Bar Association’s Libraries ----------------------------------------- 90
2.2.4- Judges Libraries in High Courts and Supreme Court ----- 91
2.3- Research by Paralegals -------------------------------------------- 91
2.3.1. American Bar Association (ABA) Guidelines for
Utilization of Paralegal Services --------------------------------- 92
2.3.2- Training of Paralegals ----------------------------------------------- 94
2.3.3- Client Reception and Initial Interview ------------------------- 94
2.3.4- Documents preparation through Paralegals --------------- 98
2.3.5- Preparation of a Case file through Paralegal -------------- 98
2.3.6- Perform administrative duties in a Law Office or a Law 98
Firm ------------------------------------------------------------------------
2.3.7- Legal Research through Paralegals --------------------------- 98
Bibliography -------------------------------------------------------------- 99
Introduction:
This handbook is prepared for the law students and the young lawyers who
wish to conquer the legal profession by grooming themselves. This book is
prepared in a format, which is a little different from the traditional books on
the similar topic. More so, it is made available as an e-book, which is short
and more convenient to read and grasp.
This book is divided into two Chapters. The first Chapter deals with and
highlight the importance of ‘the method of legal research termed as LR-
Method adopted by a young lawyer for conducting a legal research for a
Court case. There are also certain topics, which are useful in all types of
research. The second Chapter discusses about the ways to implement the
legal research practically.
A further reading of this book will reveal some new avenues of thought
and research for young lawyers. I hope this book serves beneficial for both
the law students and young lawyers equally.
CHAPTER 1
A Lawyer And His
Legal Research
1
Chapter 1
A Lawyer and His Legal Research
1- A Lawyer and his Legal Research:
After you are done with factual determination, knowing your client, knowing
the facts of dispute, negotiating the fees, assessing the facts and possible
courses of action, and if you are done with formal engagement and in case
of your Law Moot arranged the facts accordingly, then the next most
important step comes to “know thy law” meaning ‘know your law’. You
cannot know the law without a thorough legal research.
The legal research can be academic and traditional. The academic

legal research is different from traditional legal research. Academic research
pertains to the factors that contribute towards the law, whereas, traditional
legal research is the one, which is applied by lawyers and Judges in the
interpretation of the statutes and case law.
Legal research is the process of finding an answer to a legal question. In

other words it is a careful study of the subject in order to discover new facts
or information about it.1
Research methodology has been expounded and defined in multiple

ways in different dictionaries. However, encyclopedia.com defines the term
in following manner:
“(1) a body of rules and postulates that are employed by researchers in a

discipline of study;
(2) a particular procedure or set of procedures; and
(3) the analysis of the principles of procedures of inquiry that are followed
by researchers in a discipline of study.”2
As per Mariam-Webster Dictionary, the term methodology means:
“1. A body of methods, rules, and postulates employed by a discipline: a

particular procedure or set of procedures.
2. the analysis of the principles or procedures of inquiry in a particular

field.”3
Different types of research and research methodologies are followed

throughout the world. The type and methodology that one has to follow
depends upon the topic and the purpose of research. Research
methodology for an academic and scholarly work is different from research
methodology adopted by a lawyer or a Judge to arrive at the discovery of
new information about a particular legal question involved or a particular
1“Research”, Oxford Learner’s Dictionary, accessed 28.03.2020,

https://www.oxfordlearnersdictionaries.com/definition/english/research_1?q=research
2“Methodology”, Encyclopedi.com, accessed 27.05.2020,
https://www.encyclopedia.com/science-and-technology/computers-and-electrical-
engineering/computers-and-computing/methodology
3 “Methodology”, Mariam-Webster, accessed 27.05.2020, https://www.merriam-
webster.com/dictionary/methodology
2
Chapter 1
proposition of fact. The focus of a Judge or a lawyer in such type of legal

research is the Court and his client, for whom he has to apply his legal
research in a relevant and proper way.
Legal research for the purpose of preparation of a case is different from

conducting a thorough legal research on a particular proposition of law as
an academic writer. Both are different in their focus, scope and application.
A haphazard effort for conducting a legal research leads nowhere and

often results in stress, strain and just wastage of time. The best way to conduct
the legal research is through adopting a specific methodology whether it is
for the purpose of a case, a problem or for the purpose of an academic
research oriented writing. Legal research should not be misunderstood with
an effort for studying the text of the law and blindly following the case law. It
is something much more than that, it is in fact an ‘in depth knowledge’.
In this chapter some basic information about legal research is given for
giving an appetizer to the law students and young lawyers to increase their
appetite for legal research. The author has introduced a ‘Legal Research
Method’ called “LR-Method” for a case or problem oriented legal research.
1.1- The LR-Method:
As a lawyer, the legal research for a Court case is done in two phases. Firstly
after factual scrutiny, before drafting of pleadings or any other legal draft to
be presented before a Court. Secondly, before the final hearing. The in-
house lawyers, while giving legal opinions and while preparing other legal
drafts also adopt the legal research methodologies of their own choice.
Normally, no hard and fast rule is applied. In routine practice, different types
of methodologies are intermixed to arrive at a conclusion in a short span of
time. The lawyers and Judges have a race against time, which compels them
to adopt their own research methodologies. However, this practice may not
be appropriate for a legal academic research writer.
Different books are available in the world on the topic of Research

Methodology in Law. For instance, Mike McConville, Wing Hong Chui,
‘Research Methods for Law’, Edn 2017, published by Edinburgh University
Press4, and Marck Van Hecke, ‘Methodologies of Legal Research, which kind
of method for what kind of discipline?’, Edn 2011, published by Hart
Publishing5
Legal research can be performed by lawyers, law librarians and

paralegals. The process of legal research varies from country to country and
4 Mike McConville, Wing Hong Chui, ‘Research Methods for Law’, published by Edinburgh
University Press Edn 2017, available at JSTOR, accessed 28.03.2020,

https://www.jstor.org/stable/10.3366/j.ctt1g0b16n
5 Marck Van Hecke, ‘Methodologies of Legal Research, Which kind of method for what kind
of discipline?’, published by Hart Publishing Edn 2011, available at

Hart Publishing, accessed 28.03.2020,
https://www.bloomsburyprofessional.com/uk/methodologies-of-legal-research-9781847317803/
3
Chapter 1
the legal system involved. My main focus in this Chapter would be on the
legal research conducted by Lawyers. However, I will also briefly mention
about the legal research conducted by law librarians and the paralegals.
The aim of legal research is to know the facts and the law and to present
your presentation before the Judge/Presiding Officer of the Court in such a
manner that when you apply your legal research on the facts of your case,
you are able to convince the Judge and the result comes in your favor. Thus
a legal research is restrained to the facts of your case.
In order to conduct the legal research on a particular legal problem, I

propose the following “Legal Research Method” (“LR Method”). The LR
Method of legal research adopts the following steps, which can be followed:
1.1.1- Arrange the facts:
The first step in LR-Method is to determine the facts. As we have previously

mentioned that you should assess the facts, note down necessary facts, and
leave unnecessary details and while thinking about possible courses of action
sift the relevant facts from irrelevant facts. Therefore, before you go towards
the sources of law for your legal research, you must arrange the relevant
facts in a chronological manner and in such other manner, which is relevant
according to your case. Write down the facts on which you need the
backing or support of the law and legal research. A good and thorough
reading gives you a good arrangement of relevant facts.
Following is the table in which you can mention the facts in a

chronological i.e., date wise manner, i.e., in such a manner that the facts are
arranged one after the other. In the last column you should mention the word
“Relevant” if the fact is relevant for your case or “irrelevant” if the fact is not
relevant for your case. You can customize the table in any other format of
your choice.
[Your Office Logo]

Matter: ___________________________________________________________________________________
Client Name with address and Contact Number: ___________________________________________
__________________________________________________________________________________________
Sr. No. Date Narration of Facts Whether this fact is

relevant or irrelevant?
Table No.1: Table of chronological facts.

4
Chapter 1
1.1.2- Keep in mind the wishes of your Client:
A Client may wish that his lawyer should bring the sun or the moon down to
earth. However, a lawyer has to think multiple times whether the wish of his
Client is practicable or not? During legal research, the wish and practicability
of the solution of his wish is the core consideration. Inter alia, a Client may
wish that:
a. He is given a sound legal advice;

b. He is correctly and properly advised the solution of his
problem and the way to approach towards that solution;
c. He may wish to withhold certain facts. So all the facts should
be carefully extracted from him;
d. He may expect that his lawyer is fearless, able, competent
and available at all times;
e. He expects a cost effective and affordable solution;
f. He expects that the facts are presented in such a way that
the Judge while adjudicating upon those particular facts
finds no other option than to adjudicate in his favor;
g. And that he may wish that such an adjudication be done in
a short span of time.
1.1.3- Read and re-read the problem:
The third step in LR-Method is to read and re-read the problem that you are
faced with. Do not hesitate to again and again read the same problem. It is
natural that whenever one reads the same writing or goes through the same
situation again and again different venues of thought open in front of him
and he gets different ideas. This process of reading and re-reading will give
you enough time to organize your thoughts and arrange your research
methodology. This exercise will enable you to know the parties in dispute and
their role in particular situation of facts. Remember that it is not the law on
which you have to apply the facts; rather, it is the fact on which you have to
apply the law. This reading will give you an initial idea about what type of
controversy is involved in the problem, whether it relates to determination of
civil rights, criminal wrongs, family affairs, corporate or commercial law,
contractual dispute, claim for damages, etc.
1.1.4- Sift the relevant from irrelevant facts and determine the initial factual
issues:
The fourth step in LR-Method is to sift the relevant facts. It is, in fact the duty
of a lawyer to ‘sift the grain from the chaff’ i.e., to separate the relevant from
the irrelevant facts. If this is not done initially, then the Judge exercises his
duty. And if a Judge, does so in a Criminal Case, then the benefit may go to
the accused and he may be acquitted. So, sifting of relevant facts from
irrelevant facts is necessary for understanding and resolution of your case or
problem. Please keep in mind that you have already mentioned above
certain facts as “Relevant” in a ‘Chronological Table of Facts’. Therefore, just
write down all the “Relevant” facts and again arrange them in a
5
Chapter 1
chronological manner in another table. These are the Initial Factual Issues.
They may or may not be written in the form and style of issues as a Court
normally frames under Order 14 of the C.P.C., 1908.
1.1.5- Determine the Initial Legal Issues:
The fifth step in LR-Method is to determine the Initial Legal Issues (before the
drafting of pleadings) coming out of the problem of your Client. For
determination of legal issues you must have a sound grip on the law subjects
that you have studied during your legal education. An understanding of
important concepts involved in the law is sine qua non for determination of
legal issues involved in a problem. For further knowledge about issues and
their framing refer to later chapters in this book.
These initial legal issues may vary from problem to problem and from
case to case. However, inter alia you can have the following initial points for
framing Initial Legal Issues:
1. Jurisdiction of the Court;

2. Powers of the Court;
3. Limitation for case;
4. A bar imposed by the law;
5. Estoppel by the law;
6. Cause of action;
7. And many others coming out of the facts of the problem/case.
Your time is precious, which will be saved when you have properly
understood the law at your law colleges or universities. Otherwise, you will be
gone astray even at this initial stage.
1.1.6- Table of Initial Factual and Legal Issues:
The sixth step in LR-Method is to draw the table of initial factual and legal
issues. Now keeping in view the above-mentioned initial factual and legal
issues, you can draw the following table:
[Name of Your Law Office]
Matter: _________________________________________________________________________________
Client Name with address and Contact Number: _________________________________________
________________________________________________________________________________________
INTITIAL FACTUAL AND LEGAL ISSUES
Sr. No. Narration of Relevant Facts The Legal Issue involved on this fact
Table No.2: Table of initial factual and legal issues.

6
Chapter 1
1.1.7- The Drafting of Pleadings:
The seventh step in LR-Method is to draft the Pleadings. After you have
determined the initial factual and legal issues involved in problem of your
Client, you are required to draft the pleadings to be presented before the
Court or the legal draft in any other case.6 The relevant Rules of Pleadings
are mentioned in Order 6, 7, and 8 of the CPC, 1908. Something in addition
to your basic knowledge of Code of Civil Procedure of Pakistan, 1908 and
Code of Criminal Procedure of Pakistan, 1898 is contained in the Lahore High
Court Rules and Orders Civil and Criminal. There are no Pleadings, in strict
sense of the term in Criminal Proceedings. However, there are Petitions.
However, before you move towards the procedural details, you are
required to be mindful of the law which applies to your legal proposition. Then
be mindful of the basic legal principles and the facts on which you have to
prepare a legal draft.
A deeper and further study of your problem/case as narrated in your

Pleadings or any other legal draft, would bring further legal issues. Many other
legal Issues pop up later on with the passage of time during the proceedings
of your case before a Court and after the evidence of the parties, for which
you can make separate notes. And it is always better to arrange such notes
in the form of a table. Any how you can also customize this arrangement as
per your convenience.
1.1.8- Sources of Legal Research:
The eighth step in LR-Method is to search the sources of legal research for
finding answers to the issues arising out of the problem.
The ‘Sources of Legal Research’ that I have written in this Chapter

should not be confused with the concept of ‘Sources of Law’. Hereunder, I
have become more practical than theoretical.
Following are the selected important sources of legal research:
1. Constitution of Pakistan, 1973,

2. Legislation including the sub-ordinate legislation,
3. The Precedents and the Law Reports.
5. Law Lexicons, Dictionaries, Legal Maxims, Law Terms and
Phrases,
6. Law Journals/Law Reviews,
7. Treatises.
8. Jurisprudential Theories.
9. Customary Law and Usage,
10. Technological Sources of legal research.
6 An Application, Reply, Memorandum of Appeal, Grounds of Revision in case of Appellate
or Revisional Court or in any other case, a Writ, Regular First Appeal (RFA), Intra Court Appeal (ICA),
Civil Appeal (CA) or Civil Petition Leave to Appeal (CPLA), as the case may be.
7
Chapter 1
The libraries of lawyers and Bar Associations are mostly filled with hard
books in printed forms. Whereas, now-a-days, the books, statutes, law
journals, scholarly articles, case laws i.e., Precedents are also available in
digital form. For instance, pakistanlawsite.com7, pljlawsite.com,
lawvisionpk.com and many others. Even the law sites of certain law firms also
provide the digital libraries for the benefit of lawyers and law students. For
comparative references the worldwide web (“the internet”) is available. So,
the libraries of Bar Associations and Law Offices are being digitalized and we
get digital solutions for almost every problem.
1.1.8.1- The Constitution of Pakistan, 1973:
The Constitution of Pakistan 1973 is the Supreme Law of Pakistan. Every law
and every action of any individual or State is judged on the parameters
prescribed by the Constitution. And if it is found to be in violation of the rights
prescribed therein, it is set aside or declared void. Its supremacy can be
judged by a basic principle of law that ‘where there exists no equally
efficacious remedy, the Constitutional Petition can be filed.’
The first and the foremost source of research should be the Constitution.
As it describes the protection of every fundamental right. It defines the
parameters of every institution. This Supreme Law is brought to focus daily in
all the Courts in Pakistan and is interpreted thousands of times by the Superior
Courts of Pakistan in thousands of cases. And new precedents are set by the
Superior Courts almost daily.
The Constitution of Pakistan, in fact, deals with three arms of a State, i.e.,
the Judiciary, Legislature and Executive and it also provides the fundamental
rights, whose protection is the foremost duty of these arms of State. The Case
Laws/Precedents are produced by the Judiciary and the sub-ordinate Courts
are bound to follow these Case Laws/Precedents. The Legislature produces
the Statutes, which should not be against the Constitution and should not be
against the Injunctions of Islam, and if they are found so, the Constitution is
so powerful that it provides that such a Statute should be declared un-
Constitutional and null and void. The Executive produces Regulations, which
should again be in conformity with the Constitution and if found against the
same, are liable to be declared un-Constitutional and null and void.
Initially the Legislature (Majlis-e-Shura/Parliament) had created its own

Supreme law to govern its own functions and every conduct of a State.
Therefore, after its creation this Constitution is superior to the Parliament.
7 Pakistan Law Site is the law site developed and maintained by Pakistan Legal Decisions (PLD)
Publishers, Nabha Road, Lahore. “This is one stop resource site for Statutes, Rules and Cases relating
to Pakistan. This site is one of its kind and houses all the federal and provincial statutes and cases
related to these statutes. Taxation, Service, Copyright, State planning, Labour and all kinds of Fiscal
statutes are covered in this site. Moreover there are more than 1200 Essays and writing and other
legal documents available here. It also houses all the Journals of PLD Publishers that are PLD, SCMR,
CLC, PCrLJ, PTD, MLD, PLC, CLD, YLR & GBLR.”, accessed 28.03.2020,
https://www.pakistanlawsite.com/Login/MainPage
8
Chapter 1
The Constitution provides guiding principles for the legislations. It

prescribes the legislative lists. And no law can be passed, which is not
prescribed in the legislative lists. The Fourth Schedule prescribes the following
Federal Legislative Lists:
Federal Legislative Lists

Part I
1 The defence of the Federation or any part thereof in peace or war;

the military, naval and air forces of the Federation and any other
armed forces raised or maintained by the Federation; any armed
forces which are not forces of the Federation but are attached to
or operating with any of the Armed Forces of the Federation
including civil armed forces; Federal Intelligence Bureau; preventive
detention for reasons of State connected with defence, external
affairs, or the security of Pakistan or any part thereof; person
subjected to such detention; industries declared by Federal law to
be necessary for the purpose of defence or for the prosecution of
war.
2 Military, naval and air force works; local self- government in

cantonment areas, the constitution and powers within such areas
of cantonment authorities, the regulation of house
accommodation in such areas, and the delimitation of such areas.
3 External affairs; the implementing of treaties and agreements,

including educational and cultural pacts and agreements, with
other countries; extradition, including the surrender of criminals and
accused persons to Governments outside Pakistan.
4 Nationality, citizenship and naturalization.
5 Migration from or into, or settlement in, a Province or the Federal

Capital.
6 Admission into, and emigration and expulsion from, Pakistan

including in relation thereto the regulation of the movements in
Pakistan of persons not domiciled in Pakistan; pilgrimages to places
beyond Pakistan.
7 Posts and telegraphs, including telephones, wireless, broadcasting

and other like forms of communications; Post Office Saving Bank.
8 Currency, coinage and legal tender.
9 Foreign exchange; cheques, bills of exchange, promissory notes

and other like instruments.
10 Public debt of the Federation, including the borrowing of money on

the security of the Federal Consolidated Fund; foreign loans and
foreign aid.
11 Federal Public Services and Federal Public Service Commission.

9
Chapter 1
12 Federal Pensions, that is to say, pensions payable by the Federation
or out of the Federal Consolidated Fund.
13 Federal Ombudsmen.
14 Administrative Courts and Tribunals for Federal subjects.
15 Libraries, museums, and similar institutions controlled or financed by

the Federation.
16 Federal agencies and institutes for the following purposes, that is to

say, for research, for professional or technical training, or for the
promotion of special studies.
17 Education as respects Pakistani students in foreign countries and

foreign students in Pakistan.
18 Nuclear energy, including:-
(a) mineral resources necessary for the generation of nuclear

energy;
(b) the production of nuclear fuels and the generation and
use of nuclear energy, and
(c) ionizing radiations;
19 Port quarantine, seamen's and marine hospitals and hospitals

connected with port quarantine.
20 Maritime shipping and navigation, including shipping and

navigation on tidal waters; Admiralty jurisdiction.
21 [omitted by Constitution (Eighteenth Amendment) Act, 2010,

Section 101(1)(iii) (with effect from April 19, 2010)
22 Aircraft and air navigation; the provision of aerodromes; regulation

and organization of air traffic and of aerodromes.
23 Lighthouses, including lightships, beacons and other provisions for

the safety of shipping and aircraft.
24 Carriage of passengers and goods by sea or by air.
25 Copyright, inventions, designs, trademarks and merchandise marks.
26 Opium so far as regards sale for export.
27 Import and export across customs frontiers as deemed by the

Federal Government, inter-provincial trade and commerce, trade
and commerce with foreign countries; standard of quality of goods
to be exported out of Pakistan.
28 State Bank of Pakistan; banking, that is to say, the conduct of

banking business by corporations other than corporations owned or
controlled by a Province and carrying on business only within that
Province.
10
Chapter 1
29 The law of insurance, except as respects insurance undertaken by
a Province, and the regulation of the conduct of insurance business,
except as respects business undertaken by a Province, Government
insurance, except so far as undertaken by a Province by virtue of
any matter within the legislative competence of the Provincial
Assembly.
30 Stock exchanges and future markets with objects and business not
confined to one Province.
31 Corporations, that is to say, the incorporation, regulation and

winding- up of trading corporations, including banking, insurance
and financial corporations, but not including corporations owned
or controlled by a Province and carrying on business only within that
Province, or cooperative societies, and of corporations, whether
trading or not, with objects not confined to a Province, but not
including universities.
32 International treaties, conventions and agreements and

International arbitration.
33 [Omitted by Constitution (Eighteenth Amendment) Act 2010.

Section 101(1)(iii)(with effect from April 19, 2010)]
34 National highways and strategic roads.
35 Federal surveys including geological surveys and Federal

meteorological organizations.
36 Fishing and fisheries beyond territorial waters.
37 Works, lands and buildings vested in, or in the possession of

Government for the purposes of the Federation (not being military,
naval or air force works), but, as regards property situate in a
Province, subject always to Provincial legislation, save in so far as
Federal law otherwise provides.

39 Establishment of standards of weights and measures.

41 Elections to the office of President, to the National Assembly, the

Senate and the Provincial Assemblies; Chief Election Commissioner
and Election Commissions.
42 The salaries, allowances and privileges of the President, Speaker

and Deputy Speaker of the National Assembly, Chairman and
Deputy Chairman of the Senate, Prime Minister, Federal Minister,
Ministers of State, the salaries, allowances and privileges of the
members of the Senate and the National Assembly, and the
punishment of persons who refuse to give evidence or produce
documents before committees thereof.
11
Chapter 1
43 Duties of customs, including export duties.
44 Duties of exercise, including duties on salt, but not including duties

on alcoholic liquors, opium and other narcotics.

Section 101(1)(iv)(with effect from April 19, 2010)]

Section 101(1)(iv)(with effect from April 19, 2010)]
47 Taxes on income other than agricultural income;
48 Taxes on corporations.
49 Taxes on the sales and purchases of goods imported, exported,

produced, manufactured or consumed, except sales tax on
services
50 Taxes on the capital value of the assets, not including taxes on

immovable property.
51 Taxes on mineral oil, natural gas and minerals for use in generation
of nuclear energy.
52 Taxes and duties on the production capacity of any plant,

machinery, undertaking, establishment or installation in lieu of any
one or more of them.
53 Terminal taxes on goods or passengers carried by railway, sea or air;

taxes on their fares and freights.
54 Fees in respect of any of the matters in this Part, but not including
fees taken in any court.
55 Jurisdiction and powers of all courts, except the Supreme Court,

with respect to any of the matters in this list and, to such extent as is
expressly authorized by or under the Constitution, the enlargement
of the jurisdiction of the Supreme Court, and the conferring thereon
of supplemental powers.
56 Offences against laws with respect to any of the matters in this Part.
57 Inquiries and statistics for the purposes of any of the matters in this
Part.
58 Matters which under the Constitution are within the legislative

competence of Majlis- e-Shoora (Parliament) or relate to the
Federation.
59 Matters incidental or ancillary to any matter enumerated in this Part.

12
Chapter 1
Part II
1. Railways
2. Mineral oil and natural gas; liquids and substances declared by

Federal law to be dangerously inflammable.
3. Development of industries, where development under Federal

control is declared by Federal law to be expedient in the public
interest; institutions, establishments, bodies and corporations
administered or managed by the Federal Government immediately
before the commencing day, including the [Pakistan Water and
Power Development Authority and the Pakistan Industrial
Development Corporation]; all undertakings, projects and schemes
of such institutions, establishments, bodies and corporations,
industries, projects and undertakings owned wholly or partially by
the Federation or by a corporation set up by the Federation.
4. Electricity.
5. Major ports, that is to say, the declaration and delimitation of such

ports, and the constitution and powers of port authorities therein.
6. All regulatory authorities established under a Federal law.
7. National planning and national economic coordination including

planning and coordination of scientific and technological research.
8. Supervision and management of public debt.
9. Census.
10. Extension of the powers and jurisdiction of members of a police

force belonging to any Province to any area in another Province,
but not so as to enable the police of one Province to exercise
powers and jurisdiction in another Province without the consent of
the Government of that Province; extension of the powers and
jurisdiction of a police force belonging to any Province to railway
areas outside that Province.
11. Legal, medical and other professions.
12. Standards in institutions for higher education and research, scientific

and technical institutions.
13. Inter-provincial matters and co-ordination.
13. Fees in respect of any of the matters in this Part but not including
fees taken in any court.
14. Council of Common Interests.
15. Offences against laws with respect to any of the matters in this Parts.
16. Inquiries and statistics for the purposes of any of the matters in this
Part.
13
Chapter 1
17. Matters incidental or ancillary to any matter enumerated in this Part.
1.1.8.2- Legislations:
The Constitution of Pakistan, 1973 has provided the key provision as Article 8
in the Chapter of Fundamental Rights, which prescribes the following:
“8. Laws inconsistent with or in derogation of Fundamental Rights to be void:

(1) Any law or any Custom or usage having the force of law, in so far as it is
inconsistent with the rights conferred by this Chapter, shall, to the extent of
such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights
so conferred and any law made in contravention of this clause shall, to the
extent of such contravention, be void.
(3) The Provisions of this Article shall not apply to—
(a) any law relating to members of the Armed Forces, or of the police
or of such other forces as are charged with the maintenance of public
order, for the purpose of ensuring the proper discharge of their duties
or the maintenance of discipline among them; or
(b) any of the —
(i) laws specified in the First Schedule as in force immediately before

the commencing day or as amended by any of the laws specified
in that Schedule;
(ii) other laws specified in Part I of the First Schedule;
and no such law nor any provision thereof shall be void on the ground
that such law or provision is inconsistent with, or repugnant to, any
provision of this Chapter.
(4) Notwithstanding anything contained in paragraph (b) of clause (3),

within a period of two years from the commencing day, the appropriate
Legislature shall bring the laws specified in Part II of the First Schedule into
conformity with the rights conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the

said period of two years by a period not exceeding six months.
Explanation.– If in respect of any law Majlis-e-Shoora (Parliament) is the

appropriate Legislature, such resolution shall be a resolution of the National
Assembly.
(5) The rights conferred by this Chapter shall not be suspended except as
expressly provided by the Constitution.”
1.1.8.2.1- Provisions regarding distribution of Legislative Powers:
The Constitution provides specific provisions with respect to the distribution of

Legislative Powers in Part V, Chapter 1, which are as follows:
14
Chapter 1
“141. Extent of Federal and Provincial laws. Subject to the Constitution,

Majlis-e-Shoora (Parliament) may make laws (including laws having extra-
territorial operation) for the whole or any part of Pakistan, and a Provincial
Assembly may make laws for the Province or any part thereof.
142. Subject matter of Federal and Provincial Laws. Subject to the

Constitution—
(a) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws

with respect to any matter in the Federal Legislative List;
(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have

power to make laws with respect to criminal law, criminal procedure and
evidence;
(c) Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-

Shoora (Parliament) shall not, have power to make laws with respect to any
matter not enumerated in the Federal Legislative List;
(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws

with respect to all matters pertaining to such areas in the Federation as are
not included in any Province.
143. Inconsistency between Federal and Provincial Law. If any provision of

an Act of a Provincial Assembly is repugnant to any provision of an Act of
Majlis-e-Shoora (Parliament) which Majlis-eShoora (Parliament) is
competent to enact, then the Act of Majlis-eShoora (Parliament), whether
passed before or after the Act of the Provincial Assembly, shall prevail and
the Act of the Provincial Assembly shall, to the extent of the repugnancy,
be void.
144. Power of Majlis-e-Shura to legislate for one or more provinces by

consent. (1) If one or more Provincial Assemblies pass resolutions to the
effect that Majlis-e-Shoora (Parliament) may by law regulate any matter
not enumerated in the Federal Legislation List in the Fourth Schedule, it shall
be lawful for Majlis-e-Shoora (Parliament) to pass an Act for regulating that
matter accordingly, but any act so passed may, as respects any Province
to which it applies, be amended or repealed by Act of the Assembly of that
Province.”
1.1.8.2.2- Provisions with respect to Legislations by the Parliament:
Article 70 to 77 of the Constitution provides the provisions for ‘Legislative

Procedures’ wherein Article 71 with respect to ‘Mediation Committee’ has
been omitted. These provisions are reproduced below:
“70. Introduction and passing of Bills - (1) A Bill with respect to any matter in
the Federal Legislative List may originate in either House and shall, if it is
passed by the House in which it originated, be transmitted to the other
House; and, if the Bill is passed without amendment by the other House also,
it shall be presented to the President for assent.
(2) If a Bill transmitted to a House under clause (1) is passed with

amendments it shall be sent back to the House in which it originated and if
15
Chapter 1
that House passes the Bill with those amendments it shall be presented to
the President for assent.
(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed
within ninety days of its laying in the House or a Bill sent to a House under
clause (2) with amendments is not passed by that House with such
amendments, the Bill, at the request of the House in which it originated, shall
be considered in a joint sitting and if passed by the votes of the majority of
the members present and voting in the joint sitting it shall be presented to
(4) In this Article and the succeeding provisions of the Constitution, "Federal
Legislative List" means the Federal Legislative List in the Fourth Schedule.
72. Procedure at Joint Sittings. (1) The President, after consultation with the
Speaker of the National Assembly and the Chairman, may make rules as to
the procedure with respect to the joint sittings of, and communications
between, the two Houses.
(2) At a joint sitting, the Speaker of the National Assembly or, in his absence,
such person as may be determined by the rules made under clause (1),
shall preside.
(3) The rules made under clause (1) shall be laid before a joint sitting and
may be added to, varied, amended or replaced at a joint sitting.
(4) Subject to the Constitution, all decisions at a joint sitting shall be taken
by the votes of the majority of the members present and voting.
73. Procedure with respect to Money Bills. (1) Notwithstanding anything

contained in Article 70, a Money Bill shall originate in the National Assembly:
Provided that simultaneously when a Money Bill, including the Finance

Bill containing the Annual Budget Statement, is presented in the National
Assembly, a copy thereof shall be transmitted to the Senate which may,
within fourteen days, make recommendations thereon to the National
Assembly.
(1A) The National Assembly shall, consider the recommendations of the

Senate and after the Bill has been passed by the Assembly with or without
incorporating the recommendations of the Senate, it shall he presented to
(2) For the purposes of this Chapter, a Bill or amendment shall be deemed
to be a Money Bill if it contains provisions dealing with all or any of the
following matters, namely: —
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the borrowing of money, or the giving of any guarantee, by the Federal
Government, or the amendment of the law relating to the financial
obligations of that Government;
(c) the custody of the Federal Consolidated Fund, the payment of moneys
into, or the issue of moneys from, that Fund;
16
Chapter 1
(d) the imposition of a charge upon the Federal Consolidated Fund, or the
abolition or alteration of any such charge;
(e) the receipt of moneys on account of the Public Account of the

Federation, the custody or issue of such moneys;
(f) the audit of the accounts of the Federal Government or a Provincial

Government; and
(g)any matter incidental to any of the matters specified in the preceding

paragraphs.
(3) A Bill shall not be deemed to be a Money Bill by reason only that it
provides—
(a) for the imposition or alteration of any fine or other pecuniary penalty, or
for the demand or payment of a licence fee or a fee or charge for any
service rendered; or
(b) for the imposition, abolition, remission, alteration or regulation of any tax
by any local authority or body for local purposes.
(4) If any question arises whether a Bill is a Money Bill or not, the decision of
the Speaker of the National Assembly thereon shall be final.
(5) Every Money Bill presented to the President for assent shall bear a
certificate under the hand of the Speaker of the National Assembly that it
is a Money Bill, and such certificate shall be conclusive for all purposes and
shall not be called in question.
74. Federal Government’s Consent required for financial measures. A

Money Bill, or a Bill or amendment which if enacted and brought into
operation would involve expenditure from the Federal Consolidated Fund
or withdrawal from the Public Account of the Federation or affect the
coinage or currency of Pakistan or the constitution or functions of the State
Bank of Pakistan shall not be introduced or moved in Majlis-e-Shoora
(Parliament) except by or with the consent of the Federal Government.
75. President’s assent to Bills. (1) When a Bill is presented to the President for
assent, the President shall, within ten days,—
(a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-
Shoora (Parliament) with a message requesting that the Bill or any specified
provision thereof, be reconsidered and that any amendment specified in
the message be considered.
(2) When the President has returned a Bill to the Majlis-eShoora (Parliament),
it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting
and, if it is again passed, with or without amendment, by the Majlis-e-
Shoora (Parliament), by the votes of the majority of the members of both
Houses present and voting, it shall be deemed for the purposes of the
Constitution to have been passed by both Houses and shall be presented
to the President, and the President shall give his assent within ten days,
failing which such assent shall be deemed to have been given.
17
Chapter 1
(3) When the President has assented or is deemed to have assented to a

Bill, it shall become law and be called an Act of Majlis-eShoora
(Parliament).
(4) No Act of Majlis-e-Shoora (Parliament), and no provision in any such Act,

shall be invalid by reason only that some recommendation, previous
sanction or consent required by the Constitution was not given if that Act
was assented to in accordance with the Constitution.
76. Bill not to laps on prorogation, etc. (1) A Bill pending in either House shall
not lapse by reason of the prorogation of the House.
(2) A Bill pending in the Senate which has not been passed by the National
Assembly shall not lapse on the dissolution of the National Assembly.
(3) A Bill pending in the National Assembly, or a Bill which having been
passed by the National Assembly is pending in the Senate, shall lapse on
the dissolution of the National Assembly.
77. Tax to be levied by law only. No tax shall be levied for the purposes of
the Federation except by or under the authority of Act of Majlis-e-Shoora
(Parliament).”
1.1.8.2.3- Provisions with respect to Legislations by the Provincial Assemblies:
As far as the Legislation by the Provincial Assemblies is concerned, the

Constitution provides following provisions:
“115. Provincial Government’s consent required for financial measures. (1)

A Money Bill, or a Bill or amendment which if enacted and brought into
operation would involve expenditure from the Provincial Consolidated
Fund or withdrawal from the Public Account of the Province shall not be
introduced or moved in the Provincial Assembly except by or with the
consent of the Provincial Government.
(2) For the purposes of this Article, a Bill or amendment shall be deemed to
be a Money Bill if it contains provisions dealing with all or any of the following
matters, namely:
(a) the imposition, abolition, remission, alteration or regulation of any

tax;
(b) the borrowing of money, or the giving of any guarantee, by the

Provincial Government or the amendment of the law relating to
the financial obligations of that Government;
(c) the custody of the Provincial Consolidated Fund, the payment of

moneys into, or issue of moneys from, that fund;
(d) the imposition of a charge upon the Provincial Consolidated

Fund, or the abolition or alteration of any such charge;
(e) the receipt of moneys on account of the Public Account of the

Province, the custody or issue of such moneys; and
18
Chapter 1
(f) any matter incidental to any of the matters specified in the

preceding paragraphs.
(3) A Bill shall not be deemed to be a Money Bill by reason only that it
provides—
(a) for the imposition or alteration of any fine or other pecuniary penalty
or for the demand or payment of a licence fee or a fee or charge for
any service rendered; or
(b) for the imposition, abolition, remission, alteration or regulation of any

tax by any local authority or body for local purposes.
(4) If any question arises whether a Bill is a Money Bill or not, the decision of
the Speaker of the Provincial Assembly thereon shall be final.
(5) Every Money Bill presented to the Governor for assent shall bear a
certificate under the hand of the Speaker of the Provincial Assembly that it
is a Money Bill and such certificate shall be conclusive for all purposes and
shall not be called in question.
116. Governor’s assent to Bills. (1) When a Bill has been passed by the
Provincial Assembly, it shall be presented to the Governor for assent.
(2) When a Bill is presented to the Governor for assent, the Governor shall,
within [ten days,—
(a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to the
Provincial Assembly with a message requesting that the Bill, or any
specified provision thereof, be reconsidered and that any
amendment specified in the message be considered.
(3) When the Governor has returned a Bill to the Provincial Assembly, it shall
be reconsidered by the Provincial Assembly and, if it is again passed, with
or without amendment, by the Provincial Assembly, by the votes of the
majority of the members of the Provincial Assembly present and voting, it
shall be again presented to the Governor and the Governor shall give his
assent within ten days, failing which such assent shall be deemed to have
been given.
(4) When the Governor has assented or is deemed to have assented] to a

Bill, it shall become law and be called an Act of Provincial Assembly.
(5) No Act of a Provincial Assembly, and no provision in any such Act, shall
be invalid by reason only that some recommendation, previous sanction or
consent required by the Constitution was not given if that Act was assented
to in accordance with the Constitution.
117. Bills not to laps on prorogation. (1) A Bill pending in a Provincial

Assembly shall not lapse by reason of the prorogation of the Assembly.
(2) A Bill pending in a Provincial Assembly shall lapse on the dissolution of

the Assembly.”
19
Chapter 1
1.1.8.2.4- Prior sanction of President required to Bills affecting taxation in

which Provinces are interested:
When it comes to legislating on Taxation, the Constitution provides the

following provision:
“162. Prior sanction of President required to Bills affecting taxation in which

Provinces are interested. No Bill or amendment which imposes or varies a
tax or duty the whole or part of the net proceeds whereof is assigned to
any Province, or which varies the meaning of the expression "agricultural
income" as defined for the purposes of the enactments relating to income-
tax, as defined for the purposes of the enactments relating to income-tax,
or which affects the principles on which under any of the foregoing
provisions of this Chapter moneys are or may be distributable to Provinces,
shall be introduced or moved in the National Assembly except with the
previous sanction of the President.”
1.1.8.2.5- The Legislative Business:
In order to understand the Legislative Business, follow the diagram on the next
page. This diagram is mentioned in the ‘Parliamentarian’s Pocket Guide’
prepared by Pakistan Institute for Parliamentary Services-PIPS for National
Assembly of Pakistan.8
8 Ibid., p.19
20
Chapter 1
Normally, in routine after studying the topic of ‘Statute’ as a source of

law many people skip the topic of ‘Legislative Drafting’ and resultantly,
unfortunately majority of them remain ignorant about the actual ‘Legislative
Business’ conducted by the Parliament and the Provincial Assemblies. They
also become ignorant of the fact, that as a law student and as a lawyer, they
can participate in this ‘Legislative Business’ by giving their opinions on the
21
Chapter 1
proposed law. Recently the Ministry of Information Technology and

Telecommunication (MOITT), Pakistan has sought public opinion and public
consultancy on draft Personal Data Protection Bill, 2020.9 And the Ministry of
Information Technology has also sought public opinion on the Pakistan’s
National Policy on Artificial Intelligence (AI). And now any person can initiate
the ‘legislative Business by filing a ‘Public Petition’10 directly in the Senate of
Pakistan.
We have previously discussed the relevant provisions of the Constitution

with respect to the ‘powers to legislate’, ‘Federal Legislative Lists’ and how
far the Parliament and the Province can legislate. Now we proceed from the
basics of Bill drafting to the passing of an Act.
‘Bill’ as per Merriam-Webster is:
“a draft of a law presented to a legislature for enactment.”11
A Bill is infact the reflection of the thoughts of a legislator. Whatever, he

thinks about the need, purpose, scope, application and its enforcement
should be reflected in a proper way through his Bill. A difference should be
felt while choosing the words showing the legislator’s intent and between the
routine expression of thoughts. The Bill drafted by a Government’s
experienced draftsman is always different from the one drafted by an
ordinary person.
1.1.8.2.5.1- Pre-Drafting Requirements of a Bill:
The ‘Legislative Drafting Manual’ prepared by Pakistan Institute for

Parliamentary Studies (PIPS) provides the following pre-drafting requisites of a
Bill:
1. The Bill should conform to the Constitution of Pakistan, 1973. It

should not be ultra vires the provisions of the Constitution. A
drafter should keep in mind the Fundamental Rights, Article 8,
and articles including Article 74 regarding Federal Government’s
consent for financial measures. A legislator “need to have
mastery over the legislative subjects provided in the Legislative
List.--- The determining factor is the Legislative List.”12
9 Draft Personal Data Protection Bill, 2020, Ministry of Information Technology and
Telecommunication, Government of Pakistan, accessed 26th July, 2020, https://moitt.gov.pk.

See also Ramsha Jahangir, “Govt. seeks consultation on Data Protection Bill”, DAWN,
updated 11th April, 2020, accessed 26th July, 2020, https://www.dawn.com/news/1548214
10 “Public Petition to the Senate is an opportunity for you to have access to the Senate and
participate in the democratic parliamentary process. You can raise issues of public importance
relating to the Federal Government for consideration of the Parliament-------”, ‘Public Petition’,
accessed August 23rd, 2020, https://www.senate.gov.pk/en/petition.php
11 Merriam-Webster.com Dictionary, s.v. “bill,” accessed July 3, 2020, https://www.merriam-
webster.com/dictionary/bill.
12 Pakistan Institute for Parliamentary Services, ‘Legislative Drafting Manual, A Handbook for
Parliamentary Legislative Drafters’, Edition 2019, published by PIPS, p.4, accessed July 4th, 2020,
https://www.pips.gov.pk/sites/default/files/Legislative_Drafting_Manual_2019.pdf
22
Chapter 1
2. “A Legislator has to have knowledge of the Pakistan Code which

contains all Pakistan Laws enacted by Parliament. The purpose
of knowing Pakistan Code is to avoid preparing a Bill on the laws
which already exist in Pakistan….”13
3. Command over General Clauses Act, 1897 is also required.14
4. “Updated knowledge of case law or judicial legislation is very

important for a legislative drafter who always has to keep in mind
how his drafted provisions will be interpreted by Courts on the
touchstone of judicial interpretations already given by them to
various expressions and provisions.”15
5. “Rules of Business 1973 are Constitutional Rules and have to be

adhered to for uniform, smooth and efficient working of the
Government.”16
6. “A legislative drafter has to have knowledge of international

Conventions, Treaties, Protocols, Memorandum of
Understanding, etc. to which Pakistan is a signatory so that while
drafting a provision nothing goes against the covenant which
Pakistan has signed or ratified at the International Level.”17
7. Principles of statutory interpretation.18
1.1.8.2.5.2- Types of Bills:
In Pakistan, generally there are following types of Bills:
1. Government Bills are introduced by a Minister and are passed

by a simple majority;19
2. Private Members Bill are “introduced by any Member of the

House and passed by a simple majority”;20
13 Ibid., p.5
14 Ibid., p.6
15 Pakistan Institute for Parliamentary Services, ‘Legislative Drafting Manual, A Handbook for
Parliamentary Legislative Drafters’, Edition 2019, published by PIPS, p.7, accessed July 4th, 2020,
16 Ibid., p.8
17 Ibid.
18 Ibid., p.9
19 Pakistan Institute for Parliamentary Services-PIPS, ‘Parliament in Brief-Parliamentarian’s
Pocket Guide-National Assembly of Pakistan’, published by Pakistan Institute for Parliamentary

Services-PIPS, p.16, accessed July 4th, 2020,
https://pips.gov.pk/sites/default/files/010.NA%20Parliament%20in%20Brief%20English.pdf
20 Pakistan Institute for Parliamentary Services-PIPS, ‘Parliament in Brief-Parliamentarian’s
Pocket Guide-National Assembly of Pakistan’, published by Pakistan Institute for Parliamentary

Services-PIPS, p.16, accessed July 4th, 2020,
https://pips.gov.pk/sites/default/files/010.NA%20Parliament%20in%20Brief%20English.pdf
23
Chapter 1
3. Constitution Amendment Bills are for amendments in the

Constitution “and require two-third majority of both Houses to
pass it and also that of other Houses (in some cases). It can
originate in either House.”21
4. Money Bills is “a Government Bill dealing with matters of revenue

and expenditure in the National Assembly. It is sent to the
Senate within seven days. It is the prerogative of the National
Assembly to pass the Bill with or without incorporating
recommendations of the Senate.”22
1.1.8.2.6- The basic principles of Legislative Drafting:
A lawyer has the ability and a duty to judge that a particular draft of a
legislation is well drafted or not and whether it follows the basic principles of
legislative drafting or not?
The Senate of Pakistan has a Legislative Drafting Unit (LDU), which was
established in 2017 to help the members in drafting the Private Member’s Bills.
The Rule 94 of the Rules of Procedure and Conduct of Business, 2012 provides
that “the senate Secretariat shall render possible assistance to the Member
so that Bill is not rejected on technical grounds.” The Senate of Pakistan
provides the following functions of LDU:
• “LDU designs, facilitates and follows up the legislative instruments.
• The main function of the unit is to translate the ideas of the Senators
into legislative proposal by drafting new laws or by suggesting
appropriate amendments in the laws on the statute book.
• The Unit also examines whether the will of legislature has been
implemented by the executive authorities through the delegated
legislation within the parameters laid down in the statutes as provided
in Rule-172-C and 172-D, of the Rules of Procedure and Conduct of
Business, 2012 and support all other Senate Standing/ Functional /
Special Committees in general legislative issues.
• The Unit assists and provides support services, even, during the
deliberations at the Committee stage of the legislative process.
• LDU is also available for drafting the motions, questions, calling

attention notices and resolutions as per member’s desire.”23
While drafting a Bill, inter alia, following basic principles should also be
kept in mind. And, similarly the Legal Professionals can also judge a particular
draft of a Bill on the following basic principles:
1. Plain Language.
21 Ibid.
22 Ibid.
23 Legislative Drafting Unit, Senate of Pakistan,
https://senate.gov.pk/en/messence.php?id=1166 (accessed 12.05.2023)
24
Chapter 1
2. Object and purpose of legislation should be clear.
3. Different types of legislations, require different types of

parameters.
4. How the terms used in the legislation have been defined in the
definition clause.
5. Whether the terms defined in the definition clause are

consistently used in the legislation or not.
6. The clauses in the legislation should not conflict with each

other.
7. The overlapping clauses should be identified and properly

dealt with. Preference should be given not to include the
overlapping clauses.
8. The legislation should not be in pari materia with other

legislation.
9. The Legislation should be easy to comprehend.
10. If a particular legislation contains both substantive and

procedural clauses, then they should be clearly defined.
1.1.8.2.7- Statutes:
As discussed earlier, in Pakistan, the Constitution of the State is of 1973. It

provides the fundamental principles in the form of Articles to be followed by
the State and its subjects. Where, this Constitution has provided the
fundamental rights and the fundamental provisions to be followed in every
legislation, at the same time it has provided the provisions for establishment
and functioning of different Courts in Pakistan. This Constitution also provides
federal legislative lists under which the government adopts the legislations.
And when the assembly is not in session, it provides the provision for issuance
of Ordinances.
After going through a detailed and exhaustive ‘Legislative Business’ in

the Parliament and Provincial Assemblies the laws/statutes are passed. These
statutes are the most important primary sources of law, wherefrom
substantive and procedural laws flow. The state and its subjects are bound
to follow these laws. Constitution of Pakistan is the supreme law of the state.
The substantive law as per Merriam-Webster Dictionary is the law ‘that
creates, defines rights, duties, obligations, and causes of action that can be
enforced by law.’24 A procedural law on the other hand is the law ‘that
24 Merriam-Webster.com Legal Dictionary, s.v. “substantive law,” accessed July 2, 2020,
https://www.merriam-webster.com/legal/substantive%20law.
25
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prescribes the procedures and methods for enforcing rights and duties
and for obtaining redress (as in a suit) and that is distinguished from law
that creates, defines, or regulates rights.’ 25
These laws are published in the official gazettes and therefrom, they are
printed through different books called the Bare Acts. They are also made
available online on the web sites of National Assembly, Provincial Assemblies
and the Senate of Pakistan. You can also find these laws on the government,
Court’s and other websites. The Pakistan Code26 is published in hard and soft
form i.e., on website by the Ministry of Law and Justice, Pakistan (“MoLaw”)
regularly, wherein the legislations are regularly updated by the MoLaw.
The subordinate Courts are bound to follow these laws. The High Courts
and Supreme Courts are bound to thoroughly discuss and interpret these
laws. They have the authority to even declare certain law or certain provision
to be un-constitutional or null and void. The Federal Shariat Court and the
Shariat Appellate Bench of Supreme Court of Pakistan can even declare
certain law or certain provision to be un-Islamic and void and can also bind
the government to amend, alter or delete. And when these laws are
discussed by different Courts on different facts and in different cases, the
Judgments of superior courts become ‘Precedents’ for the subordinate
courts. These ‘Precedents’ are called the case laws. These ‘Precedents’ are
reported in the Law Reports. And the Law Reports are read by the Judges,
lawyers and law students.
Sometimes, the Judges also make the law. For instance a situation may
arise, in which a Judge is encountered with a situation of fact or law, where
he cannot find the relevant or proper law to be applied on the facts of those
particular cases. In such like cases, a just and proper adjudication by a Judge
becomes a Judge made law and is often followed as a Precedent till the
time it is not over ruled by any other Precedent differing from the previous
view.
While reading a Federal or Provincial Statute, the rules of interpretation

of statutes are followed worldwide. One of the good books on Interpretation
of Statutes is written by S.M. Zafar, Senior Advocate Supreme Court of
Pakistan.
And while doing the legal research through reading a statute, the
following should also be kept in mind:
25 Merriam-Webster.com Legal Dictionary, s.v. “procedural law,” accessed July 2, 2020,
https://www.merriam-webster.com/legal/procedural%20law.
26 “The Pakistan Code”, last accessed 31.01.2023,
https://pakistancode.gov.pk/english/index.php
26
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1.1.8.2.7.1-Determining Legislative Intent:
Mr. Jj. Qazi Faez Isa and Syed Mansoor Ali Shah in Meera Shafi Vs. Ali Zafar,
PLD 2023 Supreme Court 211 at page 220(A) in Para 7 have observed the
following:
“7.------ The role of a Judge is to understand the purpose of law in the society
and to help the law achieve its purpose. Law is a living organism and must
respond to the changing social realities of the time. Indeed when social
reality changes, the law must change too. Just as the change in social
reality is the law of life, responsiveness to change in the social reality is the
life of the law. Legislative intent must be viewed in its changing environment
by treating the statute as a living organism. The court cannot be insensitive
to the system in which the statute operates. If the statute or the legislative
intent is to be viewed as at the time of its origin, it freezes the meaning of
the statute at the historical moment of its legislation, which may no longer
be relevant to the meaning of the statute in modern times. To limit the
meaning of the statute to its original legislative intent only reduces the
judge into a historian and an archaeologist whereby he looks backward
instead of forward. Sterility and stagnation defeat the purpose of law and
defy its organic character. The best way forward to assess the legislative
intent of a law is to examine its purpose today by considering its objectives,
the goals, the interests, the values, the policy, and the function that the
statute is designed to actualize. Change in social reality today also
depends on the rapid development of technology to which the law cannot
shut its eyes. While law develops gradually and technology is often far
ahead of the legislature and the judicature, both these institutions must
move forward and acknowledge the technological advances in
developing the law which cannot stand still and must adapt to the
changes in society. In the process of interpreting laws, judges must
endeavor to bridge the gap between law and society. The intersection of
law and technology not only requires the law to regulate technology but
also to employ technology to make laws more at home with the
technology-savvy society. ” [Emphasis added.]
1.1.8.2.7.2- Doctrine of Ultra Vires:
It must be seen before reading and following any provision in a Statute that
whether that Statute or that particular provision in a Statute is declared ultra
vires the Constitution or not? A blind following of a provision which had been
declared ultra vires could lead to disastrous consequences. The doctrine of
ultra vires has been interpreted in a lot of ways in different jurisdictions.
However, our focus should be on the Judgments of the Supreme Court and
High Courts of Pakistan to see the ultra vires provisions in a Statute.
In another case “Lahore Development Authority and others vs. Ms.

Imrana Tiwana and others”, 2015 SCMR 1739 following principles are laid
down for striking down or declaring a legislative enactment as void or
unconstitutional:
(i) There was a presumption in favour of constitutionality and a law must

not be declared unconstitutional unless the statute was placed next to
the Constitution and no way could be found in reconciling the two;
27
Chapter 1
(ii) Where more than one interpretation was possible, one of which would
make the law valid and the other void, the Court must prefer the
interpretation which favoured validity;
(iii) A statute must never be declared unconstitutional unless its invalidity

was beyond reasonable doubt. A reasonable doubt must be resolved
in favour of the statute being valid;
(iv) Court should abstain from deciding a Constitutional question, if a case

could be decided on other or narrower grounds;
(v) Court should not decide a larger Constitutional question than was
necessary for the determination of the case;
(vi) Court should not declare a statute unconstitutional on the ground that
it violated the spirit of the Constitution unless it also violated the letter of
the Constitution;
(vii) Court was not concerned with the wisdom or prudence

of the legislation but only with its Constitutionality;
(viii) Court should not strike down statutes on principles of republican or

democratic government unless those principles were placed beyond
legislative encroachment by the Constitution; and
(ix) Mala fides should not be attributed to the Legislature.
1.1.8.2.7.3- Doctrine of reading down and preservation of water down version:
This doctrine comes in aid of a Statute and it saves it from being declared as
totally un-constitutional. This doctrine is further expounded by Mr. J.
Muhammad Ali Mazhar of Sindh High Court in “Peoples University of Medical
and Health Sciences for Women & Others Vs. Pakistan & Others” SBLR 2021
Sindh 522. The Court held that
“[W]hile reading down of a statute two principles had to be kept in view;
First that the object of 'reading down' was primarily to save the statute and
in doing so the paramount question would be whether in the event of
reading down, could the statute remain functional;
Second, would the legislature have enacted the law, if that issue had been
brought to its notice which was being agitated before the court.
The doctrine of reading down or of recasting the statute can be applied in

limited situations. It is an extension of the principle that when two
interpretations are possible, one rendering it constitutional and the other
making it [un] constitutional the former should be preferred. The doctrine
can never be called into play where the statute requires extensive
additions and deletions. The Doctrine of Reading Down is therefore an
internal aid to construe the word or phrase in a statute to give reasonable
meaning but not to detract, distort or emasculate the language so as to
give the supposed purpose to avoid unconstitutionality. It is the duty of the
court to endeavor as far as possible to construe a statute in such a manner
28
Chapter 1
that the construction results in validity rather than its invalidity and gives
effect to the manifest intention of the legislature enacting that statute. In
line with the dictum laid down by the apex court in the case of Rana Aamer
Raza Ashfaq and another vs. Dr. Minhaj Ahmad Khan and another, (2012
SCMR 6) while construing any piece of legislation, the court has to examine
and keep in mind three things; (i) the statement of reasons and objects
given therein; (ii) the statement of objects given in other laws in pari materia
to the one under consideration; and (iii) mandate of Constitutional
provision which stands adopted by way of reference.
The term “Watered Down” has been defined by Collins Dictionary in the
following words:
“If you describe something such as a proposal, speech, or statement as

watered-down, you mean that it is weaker or less forceful than its original
form.”27
1.1.8.2.7.4- Doctrine of Severability:
As per Mr. J. Muhammad Ali Mazhar of Sindh High Court in M.Q.M and Others
Vs. Province of Sindh and Others, 2014 CLC 335, the doctrine of severability
permitted the Court to sever the unconstitutional portion of a partially
unconstitutional Statute in order to preserve the operation of any
uncontested or valid remainder but if the valid portion was so closely mixed
up with the invalid portion that it could not be separated without leaving an
incomplete or more less mixed remainder, the Court would declare the entire
act void.
1.1.8.2.7.5- Doctrine of Pari Materia:
Pari Materia has been defined by Lexis Nexis as “dealing with the same
subject matter. Where two and more Statues are in Pari Materia, each may
be interpreted by reference to the others. The proposition operates by way
of being an exception to the general principle that the meaning of a word
for the purposes of one Statute cannot be binding in relation to its meaning
in another.”28
If there are two Statutes on the same subject matter, the Legislature can
define in those Statute that the terms will have the same meaning as defined
in the other Act. In the case of “Zain Packaging Industries Limited, Karachi vs.
Abdul Rashid and 2 others”, 1994 SCMR 2222, the Supreme Court while
examining the term “wages” appearing in the Standing Order 12(6) of the
Schedule to the Ordinance of 1968, has held that: “From the preceding
discussion, it follows that 'wages' have been defined differently in various
statutes relating to labour matters keeping in view the object of each
legislation. Therefore, the definition of 'wages' given in one statute cannot be
called in aid to interpret the provisions of another statute unless the two
27 “watered-down”, https://www.collinsdictionary.com/dictionary/english/watered-down
(accessed 16.05.2023)
28 “In pari material”, https://www.lexisnexis.co.uk/legal/glossary/in-pari-materia (accessed
16.05.2023)
29
Chapter 1
statutes are in pari materia or the legislature has expressly provided that the
words and expressions defined in one statute shall have the same meaning
in the other statute.”
The Supreme Court of Pakistan in “Rana Aamer Raza Vs. Doctor Minhaj
Ahmad Khan”, 2102 SCMR 6 has considered other Statutes in pari materia
with Punjab Employees Efficiency, Discipline and Accountability Act, 2006
and has further given the following findings:
“Here we are seized of giving effect to a Statute which incorporates a

Constitutional provision by reference, In construing such a piece of
legislation, the Court has to examine and keep in mind three things:
(i)the Statement of Reasons and Objects given therein;
(ii) the statement of objects given in other laws in pari materia to the one
under consideration; and
(iii) the mandate of the Constitutional provision which stands adopted by

way of reference.”
While determining the pari materia legislations, the following should also
be kept in mind:
Statutes passed on the same day by the same legislature and dealing
with the same subject may be referred to each other to ascertain the
meaning of any particular word in any of them.29
Statutes which relate to the same subject, the same person or thing, or
the same class of persons or things, are deemed to constitute one system of
law, they are considered as one Statute, subsequent laws are regarded as
supplementary or complimentary to the earlier enactments. When enacting
as new law the legislature is presumed to have had in contemplation the
existing statute on the same subject, and to have framed its enactment with
reference thereto, this is the real basis for rule in pari materia; and it is two
Acts which are in pari materia, in a similar manner.30
1.1.8.2.7.6- Rule of last antecedent and the Doctrine of Ejusdem Generis:
According to Mariam Webster, an antecedent is “a preceding event,

condition or cause”31 And the “Rule of Last Antecedent” is another doctrine
of Interpretation of Statute. Through this doctrine a Court while interpreting a
particular Clause of a Statute, firstly finds out Qualifying Words or phrases in
that Clause and then links its meaning to the immediately preceding words
29 7 Ind Cas 196 (PC)

30 Harcharan Singh Vs. Smt. Shivrani 1981 All WC 273 (SC); See also Bindra’s Interpretation of
Statutes 7th Ed. Pg. 400; PLD 1983 Lah 522; 1970 DLC 54. See also S.M.Zafar, Understanding Statutes-
Canons of Construction, Second Editon, PLD Publishers Lahore, Page 697
31 Merriam-Webster.com Dictionary, s.v. “antecedent,” accessed June 1, 2023,
https://www.merriam-webster.com/dictionary/antecedent.
30
Chapter 1
i.e., the “last antecedent”. For instance let us follow this example, which is
given by NOLO32:
“[T]he commercial vehicular license shall not apply to boats, tractors, and
trucks under three tons”
Here, as per NOLO, the qualifier term, ““under three tons” “applies only
to trucks and not to boats or tractors”33
According to Grammarly, “a Qualifier is a word that limits or enhances

another word’s meaning.”34
So, the Court firstly finds out the Qualifiers in a Clause and then interprets
it with reference to the last words and this is called the Doctrine of the Rule
of Last Antecedent.
Courts in the world have divergent views about this doctrine and it is
always used with great caution. Majority of the Courts prefer to use the
doctrine of “Ejusdem Generis” i.e., the Court finds out the actual intention of
the legislature in promulgating a particular Statute or a particular provision
in a Statute. It has further been simply explained by Merriam-Webster that
“general words (as in a statute) that follow specific words in a list must be
construed as referring only to the types of things identified by the specific
words”35
1.1.8.2.7.7- The Doctrine of Casus Ommisus:
Sometimes, while reading a certain Statute you find that your proposition or
a situation of facts is not dealt with by that Statute. This is a situation, which in
terms of Interpretation of Statute is known as “Casus Ommissus” meaning “a
case omitted”. Let us explore it further.
In my view, a legislation is a careful drafting of provisions mentioning a

law on a particular subject and it cannot be believed that the legislature
inadvertently omitted certain situation of fact from the application of a law
as mentioned in that Statute. Similarly, a Court cannot include the omitted
case by supplying the omission.
Mr. Jj. Maqbool Baqar, Sajjad Ali Shah and Munib Akhtar of the Supreme
Court of Pakistan, in C.P. No.479-K of 2020, Aam Loag Itehad and another Vs.
The Election Commission of Pakistan and Others decided on 05.05.2021 have
held that
32 Nolo.com Dictionary, “Last Antecedent Rule Definition”, accessed June 2, 2023,
https://www.nolo.com/dictionary/last-antecedent-rule-term.html
33 Ibid.
34 Grammarly.com, “Qualifiers: Rules and Examples”, accessed June 2, 2023,
https://www.grammarly.com/blog/qualifiers/
35 Merriam-Webster.com Legal Dictionary, s.v. “ejusdem generis rule,” accessed June 1, 2023,
https://www.merriam-webster.com/legal/ejusdem%20generis%20rule.
31
Chapter 1
“27. Before proceeding further, one other point may also be made. The
constitutional principle of “reading in” is different from the curing of a casus
omissus (and the (in general) reluctance of the Court to undertake such an
exercise). When a casus omissus is mooted, it is not a constitutional defect
but rather a legislative deficiency that is contended. That is, it is not claimed
that the omission in the statutory provision renders it liable to be struck down
on the constitutional plane. Rather, the submission is that C.P. 479-K/2020 29
there exists an omission within the four corners of the statute that, had the
legislature put its mind to it, would have undoubtedly been included by the
lawmaker and ought therefore to be inserted by the Court. Not surprisingly,
the Court is reluctant to do so (however well founded the submission may
appear to be) as that could result in an intrusion in the legislative field. (A
word of caution again: there are nuances involved that have not been set
out here.) On the other hand, the doctrine of “reading in” becomes
available once a constitutional violation or defect is found to exist. It is a
constitutional remedy to correct the defect without striking down the
offending provision. The focus of attention is the Constitution and not just
the statute in and of itself. Even then, there are concerns about intruding
into the legislative field. Thus, the Canadian Supreme Court has held, in the
cited case, that this particular constitutional remedy should be used in the
“clearest of cases” and only when, inter alia, “the legislative intent is
obvious” (see at pg. 718). The distinction between the constitutional
remedy on the one hand and the supplying of a casus omissus in a statute
on the other is clear and principled, and must be kept in mind.”
The Court, however, did not apply the doctrine of Casus Ommissus,
rather, it applied the doctrine of ‘Reading In’ in reading and interpreting
Clause 2 of the Article 270 of the Constitution of Pakistan, 1973.
1.1.8.2.7.8- Doctrine of Penumbra:
According to the Cambridge Dictionary, Penumbra is “a part of a shadow in

which only some of the light is blocked, used specially about a shadow made
during an eclipse: in a lunar eclipse, the outer shadow or penumbra is a zone
where Earth clocks a portion of the sun’s rays.”36
Mr. J. Jawad Hassan of Lahore High Court in Pakistan Tehreek-e-Insaf

through General Secretary and Others Vs. Government of Punjab and Others
reported as PLD 2023 Lahore 179 has emphasized upon the doctrine of
Penumbra in the following words:
“---Doctrine of penumbra --- Scope --- Doctrine of penumbra refers to a

legal principle that recognizes certain unenumerated rights and obligations
as implicit in the guarantees of the Constitution which can also be termed
as constitutional penumbras --- Under this doctrine, a specific provision of a
Constitution or a statute should not be read in isolation and it must be
considered in the context of other relevant and connecting provisions of a
constitution or a statute with underlying values and principles of the
constitution as a whole --- Doctrine of penumbra enables the Courts in
interpreting various provisions of the constitution in order to enforce those
36 Dictionary.cambridge.org, “penumbra:, accessed June 4, 2023,

https://dictionary.cambridge.org/dictionary/english/penumbra
32
Chapter 1
rights or obligations which are explicitly mentioned in the text of a particular
provision of the constitution or a law.” [Emphasis Added]
Image No.1: Jia, Xianghua & Ming, Xu &

Pan, Xiao & Mao, Xintao. (2017). Eclipse
Prediction Algorithms for Low-Earth-
Orbiting Satellites. IEEE Transactions on
Image No.2:Photo by Scott Szarapka on Unsplash,
Aerospace and Electronic Systems. PP. 1-
published on August 27, 2017,
1. 10.1109/TAES.2017.2722518.
https://unsplash.com/photos/y07ClgzcVmc
1.1.8.2.7.9- Ut Res Magis Valeat Quam Perat:
A per Mr. Justice Muhammad Ali Mazhar of the Supreme Court of Pakistan in
Federation of Paksian Vs. Shuja Sharif reported as 2023 SCMR 129(b), “A
statute or any enacting provision therein must be construed as to make it
effective and operative. The Latin legal maxim “ut res magis valeat quam
pereat” denotes that it is better for a thing to have effect than to be made
void or it is better to validate a thing than to invalidate it. The Court should, in
so far as possible, avoid that construction which may ascribe or attribute
unreasonableness to the will of legislature and while moving into the task of
interpretation of any law or provision, the predominant objective should be
that the law survives and the presumption, if any, must be in favor of its
constitutionality. The Court should not adopt such interpretation which
renders the statute or any of its provisions inoperative or unworkable. No
doubt, the Court can strike down a law if it is found to be unconstitutional,
but it cannot introduce any inexactitude or absurdity or restrict or constrict a
provision by espousing or presuming an anomalous elucidation in a peculiar
manner to make it meaningless or inconsequential in the reading down
concept.”
1.1.8.2.8- Rules and Regulations:
Statute is the creation of some legislative business of Federal or Provincial

Assembly. Certain Statutes create certain statutory bodies. Such statutory
bodies are empowered through these Statutes to make their own Rules and
Regulations. Such Rules and Regulations are in the form of subordinate or
delegated legislation. The underlying principal is that the rules framed under
the Statute must not be inconsistent or in contravention of the basic
provisions of the Statute.
In the case of Zarai Taraqiati Bank Ltd. and others Vs. Said Rehman and
others reported as 2013 PLC (CS) 1223, it has been held that:-
33
Chapter 1
“16. The "rules" and "regulations" framed under any Act are meant to
regulate and limit the statutory authority. All statutory authorities or bodies
derive their powers from statutes which create them and from the rules or
regulations framed thereunder. Any order passed or action taken which is
in derogation or in excess of their powers can be assailed as ultra vires. Rules
and regulations being forms of subordinate legislation do not have
substantial difference as power to frame them is rooted in the statute.
Statutory bodies are invariably authorized under the Act to make or adopt
rules and regulations not inconsistent with the Act, with respect to such
matters which fall within their lawful domain to carry out the purposes of the
Act. This rule making power of such bodies, called 'delegated legislation'
has assumed importance in the contemporary age. "The justification for
delegated legislation is threefold. First, there is pressure on parliamentary
time. Second, the technicality of subject matter necessitates prior
consultation and expert advice on interests concerned. Third, the need for
flexibility is established because it is not possible to foresee every
administrative difficulty that may arise to make adjustment that may be
called for after the statute has begun to operate. Delegated legislation fills
those needs.
17. Broadly the salient characteristics of statutory rules are threefold:--
(i) Rules or Regulations are framed by statutory or public body;

(ii) Those are framed under the authority or powers conferred in the
statute;
(iii) Those have statutory Governmental approval or statutory sanction."
It was held by honorable Supreme Court of Pakistan in Khawaja Ahmad

Hassan Vs. Government of Punjab and Others reported as 2005 SCMR 186
that :
“29. It is a well recognized principle of interpretation of statutes that if the

rules framed under the statute are in excess of the provisions of the statute
or are in contravention of or inconsistent with such provisions then those
provisions must be regarded as ultra vires of the statute and cannot be
given effect to.
31. A rule-making body cannot frame rules in conflict with or derogating

from the substantive provisions of the law or statute, under which the rules
are framed. No doubt that the rules-making authority has been conferred
upon the Government but "a rule, which the rule-making authority has
power to make will normally be declared invalid only on the following,
grounds:-
(1) Bad faith, that is to say that powers entrusted for one purpose are
deliberately used with the design of achieving another, itself unauthorized
or actually forbidden;
(2) that it shows on its face a misconstruction of the enabling Act or a failure
to comply with the conditions prescribed under the Act for the exercise of
the powers; and
(3) that it is not capable of being related to any of the purposes mentioned
in the Act. (Shankar Lal Laxmi Narayan Rathi v. Authority under Minimum
34
Chapter 1
Wages Act, 1979 MPLJ 15 (DB). Rules cannot go beyond the scope of the
Act (M.P. Kumaraswami Raja AIR 1955 Mad. 326) nor can they, by
themselves, enlarge the scope of statutory provisions. (K. Mathuvadivelu v.
RT Officer, AIR 1956 Mad. 143.) They cannot also militate against the
provision under which they were made. (Kashi Prasad Saksena v. State of
U. P. AIR 1967 All. 173.)
32. There is no cavil with the proposition that "the power of rule making is an
incidental power that must follow and not run parallel to the present Act.
These are meant to deal with details and can neither be a substitute for the
fundamentals of the Act nor can add to them. PLD 1975 Azad J&K 81 = PLJ
1975 Azad J&K 89. There are two main checks in this country on the power
of the Legislature to delegate, these being its good sense and the principle
that it should not cross the line beyond which delegation amounts to
abdication and self-effacement. The only requirement of law in such
situations is to insist that the subordinate body charged with the duty of
making rules must strictly confine itself within the sphere of its authority for
the exercise of its subordinate legislative power and in each case it is the
duty of the Courts in appropriate proceedings to be satisfied that the rules
and regulations so made are:--
(a) by the authority mentioned in the Act, and

(b) that they are within the scope of the power delegated therein. (PLD
1966 Lah. 287).”
Recently the honorable Supreme Court of Pakistan in Jurists Foundation

Vs. Federal Government PLD 2020 SC 1(j) has held that:
“—Delegated Legislation---Rules and Regulations---Delegatee must have

legislative guidelines to formulate Rules and Regulations, and such
guidelines, contours or boundaries must come from the Legislature
(Parliament) itself---Legislature could confer upon any person or body the
power to make subordinate/delegated legislation (Rules Regulations or
byelaws etc.) in order to give effect to the law enacted by it yet it must
perform itself the essential legislative function, i.e., to exercise its own
judgment on vital matters of policy and enact the general principles
providing guidance for making the delegated legislation.”
1.1.8.3- The Precedents and the Law Reports:
The Precedent according to Black’s Law Dictionary, dictionary.com and

en.wikipedia.org is:
“[P]rinciple or rule established in a previous legal case that is either binding

on or persuasive for a Court or other Tribunal when deciding subsequent
cases with similar issues or facts.”37
The Precedent is to be applied. However, in certain circumstances, it is

distinguished and overruled. The Judgment by which the previous Precedent
37 “Precedent”, Wikipedia, The Free Encyclopedia, accessed 29.03.2020,

https://en.wikipedia.org/wiki/Precedent. See also “Precedent”, Dictionary.com, accessed
29.03.2020, https://www.dictionary.com/browse/precedent?s=t
See also Black's Law Dictionary, p. 1059 (5th ed. 1979).
35
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is distinguished or over ruled also becomes a new Precedent. The binding

Precedents are those Precedents which the lower courts are bound to follow
and the persuasive Precedents are those Precedents which are not binding
upon the lower courts. However, the lower courts can draw analogies from
them.
The Constitution of Pakistan, 1973 has provided three very

comprehensive Articles providing the binding effect of the Precedents of
Supreme Court of Pakistan, the High Courts and the Federal Shariat Court of
Pakistan on all the subordinate courts of Pakistan.
“189. Decisions of Supreme Court binding on other Courts: Any decision of

the Supreme Court, to the extent that it decides a question of law or is based
upon or enunciates a principle of law, be binding on all other courts in
Pakistan.” [Emphasis added]
“201. Decisions of High Courts binding on subordinate Court: Subject to

Article 189, any decision of a High Court shall, to the extent that it decides
a question of law or is based upon or enunciates a principle of law, be
binding on all courts subordinate to it.” [Emphasis added]
“203 GG. Decision of Court binding on High: Subject to Articles 203D and
203F, any decision of the Court in the exercise of its jurisdiction under this
Chapter shall be binding on a High Court and on all courts subordinate to
a High Court.” [Emphasis added]
Under Article 203 D the Federal Shariat Court exercise its jurisdiction,
either of its own motion or upon a petition to examine any law or any
provision of law on the basis of Injunctions of Islam and prescribes a
procedure of its proceedings. And Article 203 F prescribes a forum and
limitation for filing an appeal to the Supreme Court.
With the passage of time different Precedents on legislations emerge

from superior courts of Pakistan. In order to acquaint the Judiciary, lawyers,
law students and the public at large about these Precedents or case laws
different Bar Councils and other private organizations have set up huge
offices for their regular compilation and publication. The judgments of
superior courts which are either reported for publication or even otherwise
are published in these law reports. There is also magazine section in these law
reports in which the lawyers, Judges and other academics can publish their
writings. These law reports also publish different legislations. Sometimes we
also see the foreign judgments in these law reports.
In Pakistan we have a number of law reports wherein the cases of

superior courts are reported monthly and annually including:
1. Pakistan Annual Law Digest (“ALD”),

2. The All Pakistan Legal Decisions (“PLD”),
3. Civil Law Cases (“CLC”),
4. Monthly Law Digest (“MLD”),
36
Chapter 1
5. Pakistan Criminal Law Journal (“PCrLJ”)

6. Supreme Court Monthly Review (“SCMR”),
7. Pakistan Law Journal (“PLJ”)
8. Pakistan Tax Decisions (“PTD”),
9. Pakistan Labor Cases (“PLC”),
10. Corporate Law Decisions (“CLD”),
11. Yearly Law Reporter (“YLR”),
12. Gilgit Baltistan Law Reports (“GBLR”).
13. Key Law Reports (“KLR”).
14. Pakistan Tax and Corporate Laws (“PTCL”)
15. Pakistan Company and Tax Law Reports (“PCTLR”)
16. Sindh Balochistan Law Reports (“SBLR”)
The ALD is published on yearly basis and is the basic source book. A
young lawyer and a law student, if he chooses to search the law judgments
manually should start his search by going through the ALD. The decisions are
arranged subject wise under different headings in alphabetical order. From
ALD you will get a head note and reference to another Law Report, where
the detailed Judgment is printed. Without reading ALD, a lot of time is
consumed in physically searching all the Law Journals. It is a speedy manual
way of searching the case laws. Apart from contents, it provides the ‘Table
of Cases, Reversed, Overruled, Dissented From’ and ‘Comparative Tables’.
The other speedy but limited option is searching the case law on the
internet such as through pakistanlawsite.com, pljlawsite.com or through any
other law site. It is limited in the sense that you do not get access to certain
law reports.
1.1.8.3.1- The legal Citations:
The above-mentioned Law Reports mention the following modes/styles of

sample legal citations:
• 2020 SCMR 12
• PLD 2020 SC 1
• 2020 MLD 178
• 2020 CLC 157
• 2020 YLR 118
Whereas, the style of legal citation adopted by the Superior Courts of

Pakistan is as follows e.g.:
Khawaja Ahmad Hassan Vs. Government of Punjab and Others,

2005 SCMR 186
Following are some of the international styles of Legal Citations,38 which

are used internationally for referring or citing the decisions of superior Courts:
38 “Legal Citation Guides and Abbreviations”, Harvard law School Library, accessed
29.05.2020, https://guides.library.harvard.edu/legal-citation
37
Chapter 1
1. Blue Book: A Uniform System of Citation, 20th Edition.

2. ALWD Guide to Legal Citation.
3. The Maroon Book: The University of Chicago Manual of Legal
Citation.
4. The Red Book: A Manual on Legal Style by Bryan Garner 4th
Edition.
5. University Citation Guide (Harvard login)
6. The Indigo Book: An Open and Compatible Implementation of
a Uniform System of Citation.
7. California Style Manual (Westlaw login)
8. Uniform Maine Citations
9. Massachusetts SJC Official Reports Style Manual.
10. New York Law Reports Style Manual
11. New York Rules of Citation
12. A Guide to South Carolina Legal Research and Citation
13. Texas Manual on Usage and Style
14. Wisconsin Guide to Citation
15. Citation and Style Manual U.S Department of Justice Tax
Division
16. The Canadian Tax Foundation Style Guide
17. TaxCite: A Federal Tax Citation and Reference Manual
18. The Supreme Court’s Style Guide
19. 7th Circuit’s Requirements and Suggestions for Typography
20. Federal Rules of Appellate Procedure Rule 32, Form of Briefs,
Appendices, and Other Papers (Lexis login)
21. U.S GPO Style Manual: An Official Guide to the Form and Style
of Federal Government (Harvard login)
22. Guide to Foreign and Legal Citations, 2nd Edition
23. HOLLIS Search for Legal Citation Manuals
24. International Citation and Research Guide: The Green Book
25. Australian Guide to Legal Citation
26. Canadian Guide to Uniform Legal Citation (McGill Guide)
27. Germany: Abkurzungsverzeichnis der Rechtssprache
28. Great Britain: Index to Legal Citations and Abbreviations
29. Great Britain: OSCOLA: Oxford University Standard for the
Citation of Legal Authorities
30. India: Standard Indian Legal Citation Working Draft.
31. New Zealand Style Guide
32. Quebec References Legislatives, Jurisprudentielles et
Doctrinales: Guide Pour le Droit Quebecois.
Pakistan has not yet developed its own style of legal citation. Whereas,
the lawyers and academicians of India have developed a working draft of
their own style of legal citation called ‘Standard Indian Legal Citation (SILC)”,
which can be consulted.39
39 “Standard Indian Legal Citation”, Working Draft, accessed 29.05.2020,

http://www.cnlu.ac.in/2016/Notices/MOOTS/SILC%20Format.pdf
38
Chapter 1
1.1.8.3.2. Pakistan Standard Style of Legal Citations:
It has been felt that for citing different references in research articles and
publications our universities and colleges rely upon foreign styles of citations,
which are mostly developed and updated by different foreign universities.
Whereas, I have also observed that there is no legal compulsion in adopting
a specific foreign style of citation in Pakistan, it totally depends upon the
decision of your university or college that has required you to do the research.
Similarly, it has been observed that majority of lawyers and judges in

Pakistan are unconcerned about adopting any specific style of citation.
Different Law Reports/Law Journals in Pakistan use their own styles of citation.
In author’s views there is a dire need to adopt our own standard style of
citation to be used by the academia, the judiciary and the legal
professionals.
Therefore, keeping in view the lack of standard legal citations of

Pakistan, the author has proposed the following style of citation, which may
be called the ‘Pakistan Standard Style of Legal Citations’ (“PSSLC”). This PSSLC
can be further updated from time to time.
This proposed PSSLC has been proposed to the Pakistan Bar Council, the
Ministry of Law and Justice, the Directorate of Legal Education, the apex
Courts of Pakistan, the Judicial Academies and the Higher Education
Commission of Pakistan. And if PSSLC is adopted, it can be proposed as a
new citation tool to the Microsoft to be made compatible with the current
version of Microsoft Word.
1.1.8.3.2.1- Citing the decisions of apex Courts of Pakistan:
The Pakistani cases should be cited in the following manner in the footnote
and the endnote:
“[Party “A” Vs. Party “B”], [the style of citation as provided in particular
Law Journal]
For example:
Khawaja Ahmad Hassan Vs. Government of Punjab and Others, 2005

SCMR 186
39
Chapter 1
1.1.8.3.2.1.1- Citing the decisions of apex Courts of Pakistan in a continuous

paragraph:
If the decision of apex Court is being cited in a continuous paragraph in a

specific writing, i.e., in-text, then, it should be cited as follows:
“As per Mr. Justice [Name of honorable Judge] in [Party “A” Vs. Party “B”],
[the style of Citation as provided in particular Law Journal]”
For example:
As per Mr. Jj. Javed Iqbal and Abdul Hameed Dogar in Khawaja Ahmad
Hassan Vs. Government of Punjab and Others, 2005 SCMR 186
Or, in the following way (as the need may be):
“[First Appellant/Petitioner’s Name Vs. First Respondent’s Name], [Year of

Decision]”
Or
“[First Appellant’s Name’s Case], [Year of Decision]
For example:
“Ahmad Hassan Vs. Government of Punjab, 2005”

Or
“Ahmad Hassan’s Case, 2005”
1.1.8.3.2.1.2- Citing the decision of High Courts of Pakistan approved but not
yet reported and published in Law Journal:
If the Judgment of High Court is approved for reporting but not yet reported
and published in the Law Report/Law Journal and if it is, at the moment of
referencing, available on website of High Court, then adopt the following
style of citation:
[Type of Proceeding with Case Number]. [Party “A” Vs. Party “B”], [Date of
decision], [Year of decision, Lahore High Court (“LHC”) and Page Number],
[Authored by Mr. Justice----], [available at website of the Court], [Date
when the Judgment on the website is accessed]
For example:
40
Chapter 1
“C.R. (Against Decree u/s 115 C.P.C.) No.212-8, Fazal Karim Etc. Vs.
Mehboob Khan, d.15.03.2023, 2023 LHC 1297, authored by Mr. Justice Mirza
Viqas Rauf, available at www.lhc.gov.pk, accessed 12.04.2023”
1.1.8.3.2.1.3- Citing the decision of High Courts of Pakistan approved but not
yet reported and published in Law Report/Law Journal:
If the Judgment of Supreme Court is approved for reporting but not yet
reported and published in the Law Journal/Law Report, and if it is, at the
moment of referencing, available on website of Supreme Court, then adopt
the following style of citation:
[Case Number], [Title of Parties], [Date of decision],[Authored by Mr.

Justice----], [available at website of the Court], [Date when the
Judgment on the website is accessed]
For example:
“C.P.3506/2020, Pakistan Electronic Media Regulatory Authority (PEMRA)

through its Chairman, Islamabad and another Vs. M/s ARY
Communication Private Limited (ARY Digital) through its Chief Executive
Officer, Karachi and another, d.12.04.2023, authored by Mr. Justice Syed
Mansoor Ali Shah, available at www.supremecourt.gov.pk, accessed
13.04.2023”
1.1.8.3.2.1.4- If a Citation is repeatedly referred in later sentences:
If a citation is repeatedly referred in later sentences in your writing then, there

is no need to use the old Latin term “ibid”, which is derived from “ibidem”, in
the footnote or endnote, instead use the following simple English words:
“As above,”
And
“As above, p.[Enter Page Number]”
For example:
“As above,p.1”
41
Chapter 1
And if a citation is repeatedly referred in later sentences in your writing

and you want to use it in your continuous paragraph then, there is no need
to use the old Latin term “Supra”, which means “above”, instead use the
following simple English words:
“as earlier” or “as mentioned earlier”
And if you want to refer any other decision of apex Court, which closely
relates to your referred point, then use the following words:
“See also:”
1.1.8.3.2.2- Citing the Constitution of Pakistan, Legislation, Rules, Regulations

Presidential Orders, Ordinances and proposed Bills:
1.1.8.3.2.2.1- Citing the Constitution of Pakistan:
And while citing the Constitution of Pakistan, use the following style:
“[Enter Article Number], The Constitution of Pakistan, 1973, last

amended/inserted/substituted [Enter date]”
For example:
““Article 10A, The Constitution of Pakistan, 1973, inserted on April 19,

2010”
And if you are citing the Constitution from internet source, then use the
following style:
“[Enter Article Number], The Constitution of Pakistan, 1973,

amended/inserted/substituted [Enter date]”, available at: [URL], [Enter
dated when website is accessed]
For example:
“Article 10A, The Constitution of Pakistan, 1973, inserted on April 19, 2010,
available at:
[https://www.pakistani.org/pakistan/constitution/part2.ch1.html],
accessed August 14, 2023
42
Chapter 1
1.1.8.3.2.2.2- Citing the Acts of Parliament and Provincial Assemblies:
While citing a particular provision of any legislation, follow the following style:
“[Section Number], [Name of Legislation], [Year of Legislation]”
Note: For quoting a single Section, use “S.” and for quoting multiple Sections,
use “Ss.”
For example;
“S.302, Pakistan Penal Code, 1908”
and
“Ss.300, 302, Pakistan Penal Code, 1908”
1.1.8.3.2.2.3- Citing the Procedural Law containing Order and Rules:
Similarly for quoting the Order and Rules, use following Style:
“[Order Number], [Rule Number], [The title of procedural law with year]”
For example:
“O.1, R.10, The Code of Civil Procedure of Pakistan, 1908”
And while quoting the Rules, use the following style:
“[Rule Number], [Complete title of the Rules with year]”
For example:
“Rule 10, West Pakistan Family Court Rules, 1965”
And if you are citing the Rules from internet source, then use the following
style:
43
Chapter 1
“[Rule Number], [Complete title of the Rules with year]” available at:
[URL], [Enter dated when website is accessed]
For example:
“Rule 10, West Pakistan Family Court Rules, 1965 available at:
[http://kpcode.kp.gov.pk/uploads/Family_Courts_Rules,_19653.pdf],
accessed August 14, 2023
1.1.8.3.2.2.4- Citing the Ordinances:
While citing the Ordinances, use the following style of citation:
[Section Number], [Title and Ordinance Number in Italics], Promulgation

on [Date of Promulgation]
For example:
S.1, Diplomatic and Counsular Officers (Oath and Fees)(Amendment)

Ordinance No.XXIV of 2021, Promulgated on October 12, 2021
And if you are citing the Ordinance from internet source, then use the
following style:
“[Section Number], [Title and Ordinance Number in Italics], Promulgation

on [Date of Promulgation], available at: [URL], [Enter dated when
website is accessed]
For example:
“S.1, Diplomatic and Counsular Officers (Oath and Fees)(Amendment)

Ordinance No.XXIV of 2021, Promulgated on October 12, 2021, available
at: https://senate.gov.pk/en/ordinance.php?id=-
1&catid=186&subcatid=304&cattitle=Ordinances, accessed August 14,
2023”
1.1.8.3.2.2.5- Citing the Regulations:
And while citing the Regulations, use the following style:

44
Chapter 1
“[Clause Number], [Title of Regulation with Number and year],

notified/issued on [Date of Notification] by [Name of Organization which
issued the Regulation]”
For example:
“Clause 1, Access Promotion Regulations (S.R.O. 1006(I)/2005), 2005,

notified on August 16th, 2005 by Pakistan Telecommunication Authority”
And if you are citing the Ordinance from internet source, then use the
following style:
“[Clause Number], [Title of Regulation with Number and year],

notified/issued on [Date of Notification] by [Name of Organization which
issued the Regulation], available at: [URL], [Enter dated when website is
accessed]
For example:
“Clause 1, Access Promotion Regulations (S.R.O. 1006(I)/2005), 2005,

notified on August 16th, 2005 by Pakistan Telecommunication Authority,
available at: https://www.pta.gov.pk/assets/media/apc-reg-
200611.pdf, accessed August 14, 2023”
1.1.8.3.2.2.6- Citing the Orders:
While citing the Presidential Orders, use the following style:
“[Section Number], [Title of Order with number and year in italics], [Date
of promulgation], [Date when last amended] for [Name of department
for which it is issued]”
For example:
“S.1, Distribution of Revenues and Grants-in-Aid Order (President’s Order

No.2), 1975, promulgated on June 9th, 1975, the Finance Division,
Government of Pakistan.”
And for example:

45
Chapter 1
“Article 129(g), Qanun-e-Shahadat Order (No.X), 1984,” promulgated on

October 28th, 1984, amended February 16th, 2017, Ministry of Law and
Justice.”
And if you are citing the Order from internet source, then use the following
style:
“[Section Number], [Title of Order with number and year in italics], [Date
of promulgation], [Date when last amended] for [Name of department
for which it is issued], available at: [URL], [Enter dated when website is
accessed]”
For example:
“Article 129(g), Qanun-e-Shahadat Order (No.X), 1984,” promulgated on

October 28th, 1984, amended February 16th, 2017, Ministry of Law and
Justice, available at: https://pakistancode.gov.pk/english/sHyuRxF?title=qanun-e-
shahadat&cat=&year=1984&type=title&search=1, accessed August 14, 2023”
1.1.8.3.2.2.7- Citing the Bills:
If a Bill is passed by Parliament, it becomes and Act and if it is still in the

process, it remains a Bill. If a Bill is being cited, then use the following style:
“[Type and Title of Bill proposed with year] in [Name of Assembly], on

[Date when proposed]”
For example:
“Private Members Bill, The Wapda University, Islamabad Bill, 2023,

proposed in National Assembly of Pakistan, on August 8th, 2023.”
And if you are citing the Order from internet source, then use the following
style:
“[Type and Title of Bill proposed with year] in [Name of Assembly], on

[Date when proposed]” available at: [URL], [Enter dated when website is
accessed]”
For example:
46
Chapter 1
“Private Members Bill, The Wapda University, Islamabad Bill, 2023, proposed
in National Assembly of Pakistan, on August 8th, 2023, available at:
https://na.gov.pk/uploads/documents/64d319eb5f56e_836.pdf,
accessed August 14, 2023”
1.1.8.3.2.2.8- If above-mentioned Citation is repeatedly referred:
If the above-mentioned Citation is repeatedly referred in your writing then,

there is no need to use the old Latin term “ibid”, which is derived from
“ibidem”, instead use the following simple English words:
“As above,”
And
For example:
“As above,p.1”

“See also:”
1.1.8.3.2.3- Citing the references of books and e-books:
1.1.8.3.2.3.1- Citing the references of books and e-books:
While citing the reference from a book, use the following style:
47
Chapter 1
“[Name of Author], [Title of Book in Italics], [Edition Number], [Year of

Publication], [Name of Publisher with City and Country], [Page Number.]”
For example:
“Shahzad Abid Baig, Strengthen Your Legal Skills, 1st Edn., 2023, [Name of
Publisher with City and Country], p.134”
And if an e-book has to be cited, then use the following style:
“[Name of Author], [Title of Book in Italics], [Edition Number], [Year of

Publication], [Name of Publisher with City and Country], [Page Number],
available at [URL], [Digital Object identifier (“doi”), if any], [Date when
accessed]”
For example:
“Shahzad Abid Baig, Strengthen Your Legal Skills, 1st Edn., 2023, [Name of
Publisher with City and Country], p.134, available at https://---------------, doi
-------------, accessed on [Date when accessed]”
If the above-mentioned citation is repeatedly referred in your writing then,

“As above,”
And
For example:
“As above,p.1”
48
Chapter 1

“See also:”
1.1.8.3.2.4-Citing Articles from Journals, Newspapers and Website
1.1.8.3.2.4.1- Citing Journal Articles:
The Journal Articles may be cited in the following style:
[Author’s Name], [“Title of Article”], [Title of Journal], [Volume Number],

[Issue Number], [Name, address with City and Country of Publisher], [Year
when Published], [Page Number]
For example
Shahzad Abid Baig, “History of Family Laws”, Voice of Shariah, Vol.3, Issue
No.1, Students of Sharia and Law, International Islamic University,
Islamabad, Pakistan, 2001, p.9
1.1.8.3.2.4.2- Citing Newspaper Articles:
The Newspaper Articles may be cited in the following style:
[Author Name], [Article Title], [“Name of Newspaper”], [Section], [Date of

Publication]
For example:
Noor Ahmed, Aaliyah Tyyebi, Awais Malik, Heritage: Archiving National

Memory, “DAWN”, Magazines, August 13, 2023,
If you are citing Newspaper Article from Internet, then use the following style:
49
Chapter 1
[Author Name], [Article Title], [“Name of Newspaper”], [Section], [Date of

Publication], [Time of Publication], [URL], [date when accessed]
For example:

Memory, “DAWN”, Magazines, August 13, 2023, 08:10 am,
https://www.dawn.com/news/1769912/heritage-archiving-national-
memory , accessed August 13, 2023
For example:

Memory, “DAWN”, Magazines, August 13, 2023, 08:10 am
If the above-mentioned citation is repeatedly referred in your writing then,

“As above,”
And
For example:
“As above,p.1”


50
Chapter 1
“See also:”
1.1.8.3.2.5- Arranging the Footnotes and Bibliography:
1.1.8.3.2.5.1- Arranging the Footnotes:
The Footnotes are to be arranged in the following style:
1. Khawaja Ahmad Hassan Vs. Government of Punjab and Others,

2005 SCMR 186
2. As above.
3. As above. P.187
4. C.R. (Against Decree u/s 115 C.P.C.) No.212-8, Fazal Karim Etc. Vs.
Mehboob Khan, d.15.03.2023, 2023 LHC 1297, authored by Mr.
Justice Mirza Viqas Rauf, available at www.lhc.gov.pk, accessed
12.04.2023
5. Noor Ahmed, Aaliyah Tyyebi, Awais Malik, Heritage: Archiving
National Memory, “DAWN”, Magazines, August 13, 2023, 08:10 am,
https://www.dawn.com/news/1769912/heritage-archiving-
national-memory, accessed August 13, 2023
1.1.8.3.2.5.2- Arranging the Bibliography:
The Bibliography to be arranged in the following style:
Khawaja Ahmad Hassan Vs. Government of Punjab and Others,

2005 SCMR 186
C.R. (Against Decree u/s 115 C.P.C.) No.212-8, Fazal Karim Etc.
Vs. Mehboob Khan, d.15.03.2023, 2023 LHC 1297, authored by Mr.
Justice Mirza Viqas Rauf, available at www.lhc.gov.pk,
Noor Ahmed, Aaliyah Tyyebi, Awais Malik, Heritage: Archiving

National Memory, “DAWN”, Magazines, August 13, 2023, 08:10 am,
https://www.dawn.com/news/1769912/heritage-archiving-national-
memory,
1.1.8.4- Customary Law:
Before the emergence of legislation in Indo-Pakistan, the adjudication of

disputes was done under the Customary Laws. Every region, every tribe,
every village had its own custom to deal with different affairs. Sir William Henry
Rattigan, K.C., LLD. was a British Judge and later a Liberal Unionist MP for
North East Lanarkshire. He was born in Delhi, India. He received his early
51
Chapter 1
education from High School, Agra, Kings College London and from Lincoln’s
Inn and later Doctorate of Laws (LL.D) from University of Gottingen. He served
as a Judge of Chief Court of Punjab. He was Vice Chancellor of Punjab
University. He was also additional member of Supreme Legislative Council of
India from 1898-99.40 In 1900’s he moved back to United Kingdom.
He was author of a number of famous research based books. And one

of his marvelous book was the “Digest of Customary Law for Punjab” firstly
published on 05.09.1880 and later revised by Om Parkash Aggarwala with a
forward by Dr. Bakhsi Tek Chand, Former Judge of Lahore High Court.
Rattigan’s vast exposure of India, Indian tribes and his vast experience as a
Judge lead to this marvelous book, which is guiding the generations to come.
This book is considered as a “book of unquestioned authority in the Punjab”
by the Privy Council. It is an authentic source of Customary Law of the region.
We often resort to this book to know the Customs of our own region.
Every agricultural tribe in particular and every tribe in general in Indo-

Pakistan has ‫واج عام‬
ِ ‫“ ر‬Riwaj-e-Aam” i.e., the Custom for the performance of
different acts and deeds and their day to day affairs in the village. According
to AIR 1951 Simla 239, where a Custom has been repeatedly brought to the
notice of the Court and has been recognized by it regularly in a series of
judicial decisions, extending over a very long period of time, such Custom
attains the force of law and it is no longer necessary to prove it in each
individual case. That is why, few decades ago, such judicially recognized
Custom was considered as a best source of law where even judicial discretion
could not be exercised. However, with the passage of time, this best source
of law is no more of such status.
The book has following 15 Chapters:
Ch.I.- The essentials and proof of a valid Custom.

Ch.II.- Succession and Maintenance.
Ch.III.- Appointment of an Heir.
Ch.IV.- Alienation.
Ch.V.- Marriage, Divorce and Dower.
Ch.VI.- Religious Institutions and Waqf Property.
Ch.VII.- Pre-Emption.
Ch.VIII.- Land Law and Tenures.
Ch.IX.- Tenant Right.
Ch.X.- Village Common Land.
Ch.XI.- Absentees.
Ch.XII.- Village Cesses.
Ch.XIII.- Alluvion and Diluvion.
Ch.XIV.- Mercantile Usages.
Ch.XV.- Special Property of Females.
40 William Henry Rattigan,

https://en.wikipedia.org/w/index.php?title=William_Henry_Rattigan&oldid=1128107103, (accessed
on 26.03.2023)
52
Chapter 1
Different Settlement Officers appointed by the British in Indo-Pakistan

have also written different Codes of Tribal Customs of different districts of
Indo-Pakistan. One of such Codes is the “General Code of Tribal Custom in
the Jhelum District” written by F.N. Thapar, Esquire, C.I.E., I.C.S, Settlement
Officer, published by Superintendent Government Printing, Lahore, Punjab in
1916.
This “General Code” has following 8 Sections:
Section I Family and Tribal Connections.

Section II- Betrothal.
Section III- Marriage, Divorce and Dower.
Section IV- Guardianship and Minority.
Section V- Succession.
Section VI- Adoption or appointment of an heir.
Section VII- Wills and Legacies.
Section VIII- Gifts.
We observe that majority of subjects mentioned above have, now a

days, a special legislation prevailing upon the Customary Law. After the
promulgation of such legislation, a customary practice, in order to become
a binding source of law, requires a tough examination and adjudication by
the Courts. A Custom, in order to become a law, must pass through the hard
tests of antiquity, continuity, reasonableness and that it is in conformity with a
statute law.
Since, the origin of Customary Laws in the sub-continent was based upon
the inherited traditions of different communities and their usages in their
specific areas, therefore, such continuous practices became their unwritten
traditional laws better known as Customary Laws. The British, initially studied
them, followed them, and developed Courts to administer such disputes
based upon the Customary Laws of different communities. Later Article
13(3)(a) of the Indian Constitution started treating the Custom and Usage as
a source of law along with others and under Section 57 of the Indian Evidence
Act 1872, its judicial notice can be taken by Courts in India. Similarly, Article
8(1) in Chapter No.1 of Fundamental Rights in the Constitution of Pakistan,
1973, it has been mentioned that “any law, or any usage having the force of
law, in so far as it is inconsistent with the rights conferred by this Chapter, shall,
to the extent of such inconsistency, be void”. And Article 203B(c) in Chapter
No.3A with respect to the Federal Shariat Court has included the Custom in
the definition of law.
And one of the most important law, which is almost daily quoted in Civil
Courts of Pakistan as a separate independent source of Customary Law, and
sometimes, in order to supplement different Statutes, is the marvelous work of
Sir. Dinshah Fardunji Mulla, (“D.F. Mullah”), i.e., the ‘Principles of Mahomedan
Law’. Its Fourteenth Edition is by Sir Syed Sultan Ahmed, K.C.S.I., D.L, Barrister-
at-Law of Gray’s Inn, Judge of High Court of Patna, published by Eastern Law
House, Calcutta, Ltd., in 1955. This law is not a codified law. It is a compilation
53
Chapter 1
of Islamic Law derived from different sources. It is inter alia divided in to

nineteen Chapters. Following is its Table of Contents:
Preface,
Introduction,
Imams of the Shias,
Table of Cases,
List of Books referred to,
Chapter I. - Introduction of Mahomedan Law into India,
Chapter II. – Conversion to Mahomedanism,
Chapter III. – Mahomedan Sects and Sub-sects,
Chapter IV. – Sources and Interpretation of Mahomedan Law,
Chapter V. – Succession and Administraion,
Chapter VI. – Inheritance – General Rules,
Chapter VII. – Hanafi Law of Inheritance,
Chapter VIII. – Shia Law of Inheritance,
Chapter IX. – Wills,
Chapter X. – Death-bed Gifts and Acknowledgments,
Chapter XI. – Gifts,
Chapter XII. – Wakfs,
Chapter XIII. – Pre-emption,
Chapter XIV. – A – Marriage,
B. – Maintenance of Wives,
C. – Judicial Proceedings,
Chapter XV.- Dower,
Chapter XVI. – Divorce,
Chapter XVII. – Parentage, Legitimacy and Acknowledgment,
Chapter XVIII. – Guardianship of Persons and Property,
Chapter XIX. – Maintenance of Relatives,
Appendix,
General Index
In past, the Customary Law was taken the aid of, in majority cases, in
inheritance disputes. However, by the promulgation of Muslim Personal Laws,
the Customary Laws, slowly and gradually lost their importance. And finally
by the promulgation of Muslim Personal Law (Shariat Application) Act, 1962
the Customary Law was no longer regarded as a separate source of law, as
all the legal disputes had to be resolved under the Islamic Laws. However,
the other side of the coin is that, it still exists as a law under Article 8(1) and
Article 203B(c) in our Constitution.
1.1.8.5- Law Lexicons, Dictionaries, Legal Maxims:
When I graduated in law from International Islamic University Islamabad (IIUI),

my father once took me to his library and pointed out towards an old
weathered book in the book shelf and asked me to bring it to him, I did that
so. He took that weathered book in his hand and with a smile on his face and
a shine in his watery eyes, he told me:
54
Chapter 1
“Son, this is an English Dictionary of ------. It was gifted to me by my maternal

uncle as back as 1945. He had told me to keep it and read it. I have kept
this book throughout my life and this book has helped me throughout my
education and my professional career. I have kept it for the last ---- years in
book shelf closest to my seat, and I give you this Dictionary, as it will help
you and will guide you throughout your career.”
He told me further:
“This [dictionary] was my teacher, and it will be your teacher.”
And later, he gifted me certain more dictionaries of English, Urdu, Persian

and Arabic. And I am highly thankful to him that these dictionaries boosted
me both academically, professionally and increased my confidence in
myself.
It is advised that whenever one comes across a novel term, one should
open the dictionary or law lexicons first and try to find out its meaning. It is the
primary source of information. Different dictionaries and law lexicons are
available worldwide e.g., Osborn’s Concise Law Dictionary, Oxford English
Dictionary, Mariam Webster’s Dictionary, Macmillon English Dictionary,
Macquarie Dictionary, Cambridge English Dictionary, Wikipedia’s Wiktionary,
and many others. The law lexicon means legal dictionaries, which are not
only available in printed forms but are also available online.
Legal Maxims are the maxims which have originated in different cases
and different adjudications throughout the history and have gradually
become the accepted legal principles and accepted legal doctrines. These
legal principles or legal doctrines with the passage of time became the law
themselves. Hence, an understanding of the same is sine qua non for
becoming a good lawyer. These Legal Maxims are mostly the Roman Legal
Maxims and later Islamic Legal Maxims called Qawaid-ul-Fiqhi. And for
Qawaid-ul-Fiqhi, I recommend that lawyers should read the book “Majjala
Ahkam al Adaliya.” It was basically an Ottoman’s Court’s Manual
1.1.8.6- How to use the Legal Maxims in Written and Oral Arguments:
Both Roman and Islamic Legal Maxims are in languages which are
considered foreign languages and for most of the subjects are difficult to
comprehend. Most of the subjects resort to dictionaries or Law Lexicons to
understand their meanings. Even when you quote their original text before
the subordinate judiciary, in most of the situations, it is also difficult for them
to comprehend their meanings immediately, unless you let them know their
translation and the jurisprudence of that maxim.
Such legal maxims can be used as supportive argument, just to add

some more flavor to your argument. During the course of oral arguments, you
can take the aid of such maxims at the opening statement of your
arguments. And if you are presenting the written arguments, you should
mention these maxims with their translations at the relevant places to support
your argument. However, you should give preference to those legal maxims,
55
Chapter 1
which are used, discussed and elaborated by the apex Courts of Pakistan in
different Judgments.
1.1.8.7- Law Journals, Law Reviews and Impact Factor:
These Law Journals and Law Reviews should not be confused with the Law
Reports covering the Precedents. They are the best secondary source of
legal research. In the LR-Method they should also be considered an
important source as they contain up to date theoretical and practical
aspects of the law, latest academic legal research articles and they open
the new venues in the universe of law.
In Pakistan, inter alia, we have the following well known Law Reviews and
Law Journals:
1. Islamabad Law Review, A Journal of Faculty of Shariah and

Law, published by International Islamic University, Islamabad,41
2. Pakistan Law Review published by Pakistan Centre for Legal

Research and Publication (PCLRP), Pakistan College of Law,42
3. Themis Law Journal published by Themis School of Law,43
4. Journal of Law and Society, published by University of

Peshawar,44
5. RSIL Law Review, published by Research Society of

International Law,45
Academic researchers generally prefer their publications in those

Reviews and Journals which have a good ‘Impact Factor’.
An ‘Impact Factor’ is:
“a measure of the frequency with which the average article in a journal

has been cited in a particular year. It is used to measure the importance or
rank of a journal by calculating the times its’ articles are cited.”46
41 ‘Islamabad Law Review’, International Islamic University, Islamabad, accessed 03.07.2020,
https://www.iiu.edu.pk/?page_id=15832
42 ‘Pakistan Law Review’, Pakistan Centre for Legal Research and Publication (PCLRP),
Pakistan College of Law, accessed 03.07.2020, https://pakistanlawreview.com/

43 ‘Themis Law Journal’, Themis School of Law, accessed 03.07.2020,
https://www.themis.com.pk/lawjournal.php
44 ‘Journal of Law and Society’, University of Peshawar, accessed 03.07.2020,
http://journals.uop.edu.pk/journal_detail.php?journal_id=19
45 ‘RSIL Law Review’, Research Society of International Law, accessed 03.07.2020,
https://rsilpak.org/lawreview/
46 “Measuring Your Impact: Impact Factor, Citation Analysis, and other Metrics: Journal
Impact Factor (IF)”, University of Illinoise at Chicago, accessed 28.05.2020,

https://researchguides.uic.edu/if/impact
56
Chapter 1
“The calculation is based on a two year period and involves dividing the
number of times articles were cited by the number of articles that are
citable.”47
Citation has been defined and expressed in the following words in an

article published on 18th, May, 2017 on the website of ‘plagiarism.org’:
“A “citation is the way you tell your readers that certain material in your
work came from another source. It also gives your readers the information
necessary to find that source again, including:
• the information about the author

• the title of the work
• the name and location of the company that published your copy of
the source
• the date your copy was published
• the page numbers of the material you are borrowing.”48
In routine practice in Pakistan, we often hear lawyers use the word

‘citation’ for reported judgments of superior courts, which, actually means
the mode of referring certain reported judgment of certain superior court
from certain Law Reports as mentioned above.
And for research writers the term ‘Citation’ is not a simple term but
actually it is a most important set of rules for citing the references of the
sources of their information, which is used in their research writings in order to
make their research writings more genuine and in order to give credit to
those who firstly originated that particular source.
The following are the popular styles of Citations:
• American Psychological Association (“APA”) Referencing Style.49

• Chicago Manual of Style (CMOS).50
• Modern Language Association (MLA) Style.51
• Institute of Electrical and Electronics Engineers (IEEE) Style.52
• Counsel of Science Editors (CSE) Style.53
47 Ibid.
48Article “What is Citation?”, p.org, accessed 28.05.2020,
https://www.plagiarism.org/article/what-is-citation
49 “APA Style”, American Psychological Association, accessed 26.05.2020,
https://apastyle.apa.org/
50 “The Chicago Manual of Style Online”, The University of Chicago, accessed 01.06.2020,
https://www.chicagomanualofstyle.org/home.html
51 “MLA In-Text Citations: Basics”, Purdue Online Writing Lab , College of Liberal Arts, Purdue
University, accesses 02.06.2020,

https://owl.purdue.edu/owl/research_and_citation/mla_style/mla_formatting_and_style_guide/m
la_in_text_citations_the_basics.html#:~:text=In%2Dtext%20citations%3A%20Author%2D,on%20your
%20Works%20Cited%20page.
52 “IEEE Reference Guide”, published by IEEE Periodicals, Transactions/Journals Department
445 House Lane, Piscataway, NJ, 08854 USA, V 11.12.2018, available at IEEE Author Center,
accessed 02.06.2020, https://ieeeauthorcenter.ieee.org/wp-content/uploads/IEEE-Reference-
Guide.pdf
53 “CSE (Council of science Editors) Style Guide: Home”, Hickman-Johnson-Furrow Learning
Center, Morningside College, accessed 02.06.2020, https://morningside.libguides.com/CSE

57
Chapter 1
The Journal Citations Report (JCR) is published annually, which provides

the list of Journals with Impact Factors. It is important for young lawyers and
law students to note down the list of such Law Journals which have a higher
Impact Factor as their research publication in Impact Factor Law Journals
will matter a lot for their bright career. The current list may be searched from
JCR Source. However, from JCR 2018 the Law Journals with their Impact
Factors were mentioned by University of Management and Technology
(UMT), which list is given below:54
Rank Full Journal Title Journal Impact

Factor
1 University of Pennsylvania Law Review 5.231
2 Yale Law Journal 5.000
3 Harvard Law Review 4.680
4 Common Market Law Review 3.918
5 Stanford Law Review 3.825
6 European Journal of Psychology Applied To The 3.682
Legal Context
7 Georgetown Law Journal 3.472
8 California Law Review 3.329
9 Michigan Law Review 3.167
10 Regulation & Governance 2.792
11 Law and Human Behavior 2.780
12 Virginia Law Review 2.578
13 Texas Law Review 2.528
14 Journal of Law and the Biosciences 2.431
15 University of Chicago Law Review 2.426
16 Annual Review of Law and Social Science 2.360
17 Journal of Environmental Law 2.313
18 International Environmental Agreements, Politics 2.312
Law and Economics
19 Duke Law Journal 2.301
20 UCLA Law Review 2.245
21 Columbia Law Review 2.224
22 Psychology Public Policy and Law 2.219
23 Harvard International Law Journal 2.190
24 Review of European Comparative & International 2.125
Environmental Law
25 Journal of Legal Analysis 1.941
26 New York University Law Review 1.900
27 Journal of the American Academy of Psychiatry 1.885
and the law
28 European Constitutional Law Review 1.836
28 Southern California Law Review 1.836
30 International & comparative Law Quarterly 1.815
31 European Journal of International Law 1.810
32 Yale Journal on Regulation 1.767
33 Legal and Criminal Psychology 1.764
34 Journal of Legal Studies 1.763
54 “Impact Factor Journals (Law and Policy) JCR 2018, Learning Resource Center, University of
Management and Technology, accessed 02.06.2020, https://library.umt.edu.pk/Law-and-

Policy/Journals-(LP)/Impact-Factor-Journals.aspx
58
Chapter 1
35 Administrative Law Review 1.758

35 Transnational Environmental Law 1.758
37 European Law Journal 1.739
38 Vanderbilt Law Review 1.735
39 Cornell Law Review 1.729
40 American Journal of International Law 1.696
41 Harvard Civil Rights-Civil Liberties Law Review 1.679
42 Journal of International Dispute Settlement 1.638
43 Journal of International Economic Law 1.617
44 Minnesota Law Review 1.611
45 Law & Society Review 1.604
46 Medical Law Review 1.577
47 Cambridge Law Journal 1.568
48 Computer Law & Security Review 1.552
49 Law and Social Inquiry-Journal of the American 1.507
Bar Foundation
50 Northwestern University Law Review 1.494
51 International Journal of Transitional Justice 1.482
52 Psychology Crime & Law 1.460
53 Law & Policy 1.457
54 Boston University Law Review 1.436
55 Journal of Empirical Legal Studies 1.389
56 Modern Law Review 1.361
57 George Washington Law Review 1.356
58 Journal of Law Economics & Organization 1.304
59 ICSID Review-Foreign Investment Law Journal 1.297
60 Chinese Journal of International Law 1.267
61 Feminist Legal Studies 1.214
62 Melbourne University Law Review 1.207
63 Revista Espanola de derecho Constitucional 1.200
64 Journal of Criminal Law & Criminology 1.194
65 International Journal of Law and Psychiatry 1.191
66 Social & Legal Studies 1.190
67 Journal of Law & Economics 1.185
68 Human Rights Law Review 1.175
69 Leiden Journal of International Law 1.159
70 Neitherlands Quarterly of Human Rights 1.120
71 Lowa Law Review 1.108
72 American Bankruptcy Law Journal 1.088
72 World Trade Review 1.088
74 Journal of Law & Society 1.086
75 Oxford Journal of Legal Studies 1.083
75 Wisconsin Law Review 1.083
77 European Journal of Migration & Law 1.057
78 Notre Dam Law Review 1.027
79 Ocean Development and International Law 1.026
80 Stanford Journal of International Law 1.000
80 Washington Quarterly 1.000
82 Journal of International Criminal Justice 0.990
83 Icon-International Journal of Constitutional Law 0.978
84 Legal Studies 0.935
85 Current Legal Problems 0.917
86 European Law Review 0.914
59
Chapter 1
86 Hague Journal on the Rule of Law 0.914

88 Northwestern Journal of International Law & 0.897
Business
90 International Journal of Law & Crime 0.846
Indiana Law Journal 0.835
91 Journal of World Trade 0.835
93 American Law and Economics Review 0.828
94 Law Probability & Risk 0.821
95 Columbia Journal of Transnational Law 0.793
96 American Journal of Comparative Law 0.792
97 American Business Law Journal 0.786
98 Supreme Court Review 0.778
99 Journal of Legal Medicine 0.769
100 International Journal of Law Police and the Family 0.765
101 American Journal of Law & Medicine 0.762
102 Psychiatry Psychology and Law 0.744
103 Journal of Law Medicine & Ethics 0.734
104 Fordham Law Review 0.685
105 Behavioural Sciences & the Law 0.682
106 European Business Organization Law Review 0.673
107 International review of Law and Economics 0.627
108 Journal of Legal Education 0.651
109 Harvard Journal of Law and Public Policy 0.646
110 European Journal of Law and Economics 0.645
111 Ecology Law Quarterly 0.636
112 Journal of Competition Law & Economics 0.627
113 Food and Drug Law Journal 0.619
114 Natural Resources Journal 0.615
115 Law and History Review 0.614
116 International Journal of Marine and Coastal Law 0.600
116 University of Illinois Law Review 0.600
118 University of Pennsylvania Journal of International 0.590
Law
119 Law and Philosophy 0.542
119 Review of Central and East European Law 0.542
119 South African Journal on Human Rights 0.542
122 Medicine Science and the Law 0.532
123 Hastings Law Journal 0.531
124 Danver Law Review 0.525
125 Journal of World Energy Law & Business 0.516
126 American Criminal Law Review 0.512
127 Juvenile and Family Court Journal 0.467
128 Asian Journal of WTO & International Health Law 0.433
and Policy
129 Anuario de Psicologia Juridica 0.429
129 Justice System Journal 0.429
131 Asia Pacific Law Review 0.400
132 International Review of the Red Cross 0.366
133 Buffalo Law Review 0.356
134 Catholic University Law Review 0.324
135 Columbia Journal of Law and Social Problems 0.323
136 Queen Mary Journal of Intellectual Property 0.314
137 University of Cincinnati Law Review 0.241
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Chapter 1
138 Hong Kong Law Journal 0.211

139 International Insolvency Review 0.208
139 Rutgers University Law Review 0.208
141 Tijdscrift Voor Rechtsgeschieddenis-Revue d 0.171
histoire du droit-the legal history review
142 Revista Chilena de derecho 0.167
143 Law Library Journal 0.151
144 University of Pittsburgh Law Review 0.208
145 Journal of African Law 0.146
146 Journal of Copyright Society of the USA 0.133
147 Issues in Law & Medicine 0.104
148 Securities Regulation Law Journal 0.000
1.1.8.8- Treatises:
Another most important secondary source of legal research in LR-Method is

the ‘Treatises.’ Treatises means:
1. “A formal piece of writing that deals with a particular

subject.”55
2. “A long and serious piece of writing on a particular subject.”56
A law is codified and is made available through publications in the

official gazettes, websites Pakistan Code and is also made available through
Law Reports and in the form of Bare Acts. This publication of laws is without
their commentaries.
As soon as the law is discussed, applied and interpreted by the Superior

Courts of Pakistan, the case laws and Precedents are developed. These case
laws shape the style of interpretation of that particular law. The academic
lawyers and even the active lawyers start writing their commentaries on these
laws. These commentaries are also very good source of legal research and
are often traded in the market in the name of different authors. They actually
expound the particular provisions of law through the case law and are helpful
for lawyers and judges to easily interpret and apply the law to their particular
situation of facts. The case laws mentioned therein should not be blindly
relied. They must be counterchecked from their original publications in the
Law Reports.
Research oriented articles and research papers are also important

secondary sources. Legal research has no limit. Academic researchers are
the creators of different new venues of laws through their research writings.
These help in the reformation of legal knowledge.
55 “Treatise”, Cambridge Dictionary, accessed 02.06.2020,

https://dictionary.cambridge.org/dictionary/english/treatise
56 “Treatise”, Oxford Learner’s Dictionary, accessed 29.05.2020,
https://www.oxfordlearnersdictionaries.com/definition/english/treatise
61
Chapter 1
Comparative study is always good for better understanding of the law.

In certain jurisdictions, the Comparative Law is studied as a regular subject.
Study of Comparative Law is important when you come across a situation
where laws are conflicting with each other. This topic is also taught as a
subject of Conflict of Laws.
Through comparative study you study the differences and similarities

between different legal systems of different countries.
No specific methodology can be adopted for comparative research

and knowledge. However, one has to be specific in comparing only those
things which are vaguely answered in the Statutes and the case laws.
Comparative knowledge is also good in situations where the law in action is
different from law in the books.
1.1.8.9- Jurisprudential Theories:
During the litigation, sometimes, stretching upon too much philosophy of law
does not work, unless you are before a High Court or before Supreme Court
and the ratio decidendi involves a philosophical and jurisprudential
approach. In my view, in a country, whose law is codified through different
legislations, the Jurisprudence is important before or at the time of legislative
drafting, and once the legislature, after due deliberations enacts a
legislation, then the provisions of such legislation have precedence over the
philosophy or jurisprudence of law, because, in fact, it is the jurisprudence,
that has given birth to a legislation and ‘a legislation cannot give birth to a
Jurisprudence.’
Jurisprudence means the knowledge of the law. Jurisprudence is infact

the basis of the law. But after the codification of laws, the theories of
Jurisprudence are practically given lesser importance in courts than the
above-mentioned sources of law.
In fact, in reality, Jurisprudence is a factory of law where not only the new
philosophy is converted into a latest theory of law but this theoretical aspect
of the law is polished by the commentaries made by different jurists with the
passage of time. This theoretical source of law cannot be ignored altogether
because sometimes these philosophical debates on law are helpful for the
state to draft and codify a new law.
We have often seen that when a law is interpreted by courts, it is

analyzed, discussed and expounded by different judgments, which gives rise
to different debates among the jurists and may result in the amendment or
even annulment of the law.
With the passage of time these Jurisprudential debates have given birth
to different kinds of theories of law. And it can be easily said that the
Jurisprudence is still evolving.
62
Chapter 1
As per Mr. Justice Babar Sattar in “Shahab Saqib through attorney Vs

Sadaf Rasheed and 2 others” reported as PLD 2023 Islamabad 34:
“Jurisprudence and principle of law can be used as a tool for interpretation

of statutes where text of statute in view of its plain meaning can be
accorded more than one interpretation—if language of statute
unequivocally conveys intent of law, no external source of law can be
employed to read into that statute—jurisprudence and principle of law do
not trump the principle of casus omissus—court cannot supply to a statute
language that is not provided therein.” [Emphasis added]
1.1.8.10- Technological Sources of legal research:
There are following main sources of research by using technology:
1- Simple search through search engines,

2- Search through research websites,
3- Search through law sites and court’s websites,
4- Search through digital libraries,
5- ‘Digital Object Identifier’ (DOI), its use in research and impact of
‘International Standards Organization’ (ISO) Standard 26324 on
research,
6- ChatGPT.
1.1.8.10.1- Research through Search Engines:
Search Engines use the ‘Web Crawlers’ and whenever you enter a specific
word to search on the Search Engine, its ‘Web Crawlers’ crawl upon
hundreds and billions of pages and navigate around to group together the
most relevant search results. The ‘Web Crawlers’ are computer programs that
are also known as ‘Bots’ or ‘Web Spiders’.
There are many Search Engines available on the Internet including the
following:
a. Google,
b. Bing,
c. Yahoo,
d. Yandex,
e. DuckDuckGo,
f. Baidu,
g. Ask.com,
h. Naver.
Whatever you search on these Search Engines is preserved on the

Internet and is used by the advertisers and other third parties for different
purposes. Your every input leaves behind a data containing your trace. And
that data is used in multiple ways.
1.1.8.10.2- Research through Research Websites:

63
Chapter 1
Most of the digital research oriented content is available on the Research

Websites. The academic researchers also search for the resources for their
research on these Research Websites. There are, inter alia, following main
Research Websites:
1. Zendy – Academic Research Site,57

2. Research Square – Scholarly article’s Website,58
3. Google Scholar,59
4. Research Gate,60
5. JSTOR,61
6. Wikipedia, The Free Encyclopedia,62
7. Library of Congress,63
8. Pubmed Search,64
9. Microsoft Academic,65
10. Core,66
11. Wolfram Alpha,67
12. CiteSeerX,68
13. Science Daily,69
14. Project Gutenberg,70
15. Ref Seek,71
16. Google Books,72
17. Encyclopedia of Life,73
18. ERIC – Education Research Information Centre,74
57 “Your Online Library”, Zendy – Academic Research Site, https://zendy.io/ (accessed July 3,
2023)
58 “Share early. Improve your manuscript. Make an Impact”, research Square,
https://www.researchsquare.com/ (accessed July 03, 2023)
59 “Google Scholar”, Google, https://scholar.google.com/ (accessed July 03, 2023)
60 “Gates Open Research”, Bill & Melinda Gates Foundation, https://gatesopenresearch.org/
(accessed July 03, 2023)

61 “Explore the world’s knowledge, cultures, and ideas”, JSTOR, https://www.jstor.org/

62 “Wikipedia The Free Encyclopedia”, Wikimedia Foundation,
https://www.wikipedia.org/ (accessed July 03, 2023)
63 “Library of Congress”, Congress.gov, https://www.loc.gov/ (accessed July 03, 2023)
64 “National Library of Medicine”, National Centre for Biotechnology Information, USA.gov,
https://pubmed.ncbi.nlm.nih.gov/ (accessed July 03, 2023)

65 “Microsoft Academic”, Microsoft Inc., https://www.microsoft.com/en-
us/research/project/academic/ (accessed July 03, 2023)
66 “The world’s largest access of open access research papers”, The Open University and
Jisco, https://core.ac.uk/ (accessed July 03, 2023)

67 “WolframAlfa Computational intelligence”, Wolfram Alpha LLC,
https://www.wolframalpha.com/ (accessed July 03. 2023)
68 “CiteSeerX”, PennState College of Information Sciences and Technology,
https://citeseerx.ist.psu.edu/ (accessed July 03, 2023)
69 “ScienceDaily – Your source for the latest research news”, Science Daily,
https://www.sciencedaily.com/ (accessed July 03, 2023)
70 “Project Gutenberg”, Project Gutenberg Literary Archive Foundation,
https://www.gutenberg.org/ (accessed July 03, 2023)
71 “refseek”, RefSeek, https://www.refseek.com/ (accessed July 03, 2023)
72 “Google Books”, Google, https://books.google.com/ (accessed July 03, 2023)
73 “eol – Encyclopedia of Life”, National Museum of Natural History, https://eol.org/ (accessed
July 03, 2023)

74 “ERIC – Education Resources Information Centre”, Institute of Education Sciences,
https://eric.ed.gov/ (accessed July 03, 2023)

64
Chapter 1
19. Coursera,75
20. BioMED Central,76
21. National Bureu of Economic Research,77
22. ELSEVIER,78
23. edX,79
24. Academic Earth,80
Following are few important legal research websites of rest of the world:
1. Westlaw,81
2. Bloomberg Law,82
3. Fastcase,83
4. JUSTIA84
5. Legal information Institute,85
6. Casetext,86
7. Citator,87
8. United States Code,88
Following are some important legal research websites of Pakistan:
1. RSIL Law Review,89

2. Pakistan Law Site,90
3. Legal Search,91
75 “Learn without limits”, Coursera Inc., https://www.coursera.org/ (accessed July 03, 2023)
76 “BMC, research in progress”, BioMed Central Ltd, https://www.biomedcentral.com/
77 “NBER National Bureau of Economic Research – Conducting and disseminating nonpartisan
economic research”, National Bureau of Economic Research, https://www.nber.org/ (accessed

July 03, 2023)
78 “Open access information for journal authors”, Elsevier, https://www.elsevier.com/

79 “Fuel your ambition”, edX 2U Company, https://www.edx.org/ (accessed July 03, 2023)
80 “Rethink Education”, Academic Earth, https://academicearth.org/ (accessed July 03, 2023)
81 “Westlaw – Legal research Tools”, Thomson Reuters,
https://legal.thomsonreuters.com/en/westlaw (accessed July 03, 2023)
82 “Bloomberg Law”, Bloomberg Industry Group Inc., https://www.bloomberglaw.com/login

83 “Evolve with smart legal software”, Fastcase Inc., https://www.fastcase.com/ (accessed
July 03, 2023)

84 “Justia”, https://www.justia.com/ (accessed July 03, 2023)
85 “LII – Legal Information Institute”, Cornell law School, https://www.law.cornell.edu/

86 “Meet your new AI legal assistant”, Casetext Inc., https://casetext.com/ (accessed July 03,
2023)
87 “Finding Case Law- Sources and strategies for finding case law about a topic”, The University
of Chicago Library, https://guides.lib.uchicago.edu/c.php?g=620002&p=4435034 (accessed July

03, 2023)
88 “United States Code”, U.S. Government Publishing Office,
https://www.govinfo.gov/app/collection/uscode (accessed July 03, 2023)
89 “RSIL Law Review”, Research Society of International Law, https://rsilpak.org/lawreview/

90 “Pakistan Law Site”, PLD Publishers, https://www.pakistanlawsite.com/Login/MainPage

91 “Legal Search”, https://legalsearch.pk/ (accessed July 03, 2023)
65
Chapter 1
4. Access to law,92
5. PLJ Law Site,93
6. Pakistan Law Review,94
7. East Law,95
8. Law and Justice Commission of Pakistan,96
9. LUMS – Gad & Birgit Rausing Library,97
1.1.8.10.3- Research through Court’s Websites:
The apex courts in Pakistan i.e., the Supreme Court, the High Courts and the
Federal Shariat Court have provided their databases on their respective
websites. And following are those websites:
1. Supreme Court of Pakistan.98 It provides comprehensive database for

knowing “Online Case Status”, “Judgment Search”, “Cause List”, “Cause
List Search”, “latest judgments”, “Video Link”, and “Roaster of Sittings”
through its “Case Management” database. It also provides its
publications of “Quarterly Case Law Updates” through its “Research
Centre”.
92 “Access to Law – legal resources selected & annotated by Inner Temple Library”, Inner
Temple Library, https://www.accesstolaw.com/commonwealth/pakistan/ (accessed July 03, 2023)

93 “PLJ Law Site”, Punjab Bar Council, Lahore, https://www.pljlawsite.com/ (accessed July 03,
2023)
94 “Pakistan Law Review”, Pakistan Center of Legal Research and Publication (PCLRP),
Pakistan College of Law, Lahore, https://pakistanlawreview.com/ (accessed July 03, 2023)

95 “Pakistan’s Largest Digital Legal Library”, Eastlaw, https://eastlaw.pk/ (accessed July 03,
2023)
96 “Law and Justice Commission of Pakistan”, http://ljcp.gov.pk/nljcp/home#1 (accessed July
03, 2023)
97 “GAD & BIRGIT RAUSING LIBRARY – Introduction to Pakistani Legal System: e-Databases”,
Lahore University of Management Sciences,

https://libguides.lums.edu.pk/c.php?g=554192&p=3845675 (accessed July 03, 2023)
98 “Supreme Court of Pakistan”, https://www.supremecourt.gov.pk/ (accessed July 03, 2023)
66
Chapter 1
Screen Shot No.1: Supreme Court of Pakistan”,
https://www.supremecourt.gov.pk/ (accessed July 03, 2023)
Screen Shot No.2: Supreme Court of Pakistan”,

https://www.supremecourt.gov.pk/ (accessed July 03, 2023)
2. Islamabad High Court.99 It also provides for an extensive database

concerning “Management Info System”, “Cause List”, “Case
Status/Case Search”, “Diary/Objection/Cancellation”, “Judgments”,
“Case Law Management System”, “Roster”, “lawyer’s Cases/Calendar”,
“SMS History”, “Copy Petition Status”, “Digital Library”, “Online Court
Proceedings”, “Statutory and Non-Statutory Rules”, “E-Court Service”,
“Judicial Forms”, and “Demo – How to use cims”. And through the
“Resources” database, it provides: “IHC Rules”, “Downloads (Judicial
Forms)”, “Photo gallery”, “Video Gallery”, “Library Catalog”, “National
Judicial Policy”, “NJPMC Ordinance”, “NJPMC/LJCP Reports”, “Relevant
Links (Useful Links)”, “Website Map (Sitemap)”, and “Search Website
Data”.
99 “Islamabad High Court”, https://www.ihc.gov.pk/ (accessed July 03, 2023)

67
Chapter 1
Screen Shot No.3: “Islamabad High Court”, https://www.ihc.gov.pk/

3. Gilgit Baltistan Chief Court.100 It also provides its extensive database about
“Cause List”, “Case Search”, “Judgments”, and “lawyer’s Cause Lists” on
its “Case Management System”.
Screen Shot No.4: “Gilgit Baltistan Chief Court”,

https://www.gbcc.gov.pk/index.aspx (accessed July 03, 2023)
4. Baluchistan High Court.101 It also provides for “Case Status”, “Cause List”,
“Advocate Calendar”, “Judgments”, “Complaints”, “Downloads”.
Screen Shot No.5: “Baluchistan High Court”, https://bhc.gov.pk/

100 “Gilgit Baltistan Chief Court”, https://www.gbcc.gov.pk/index.aspx (accessed July 03,

2023)
101 “Baluchistan High Court”, https://bhc.gov.pk/ (accessed July 03, 2023)
68
Chapter 1
5. Sindh High Court.102 Since it is also a Court of Original Jurisdiction, therefore

its database is much detailed and comprehensive.
Screen Shot No.6: “High Court of Sindh”,

https://www.sindhhighcourt.gov.pk/ (accessed July 03, 2023)
6. Peshawar High Court.103 It also provides extensive database with

different links.

102 “High Court of Sindh”, https://www.sindhhighcourt.gov.pk/ (accessed July 03, 2023)

103 “Peshawar High Court”, https://www.peshawarhighcourt.gov.pk/app/site/ (accessed
July 28, 2023)
69
Chapter 1
7. Lahore High Court.104 The website of Lahore High Court provides

extensive database for lawyers, judiciary and general public. Its “case
management” section provides for ‘Urgent Cause Lists’, regular Cause
Lists’, Regular Cause List (Red List)’, ‘Supplementary Cause List’, ‘Joint
Cause List’, Certified Copy Status’, ‘Diary Objection Cases’, Roster of
Sittings’, ‘last Hearing Status’, Court Map’. It also provides extensive
database of its Reported Judgments. And there are many other useful
links on this website.

104 “Lahore High Court”, https://lhc.gov.pk/ (accessed July 28, 2023)

70
Chapter 1
1.1.8.10.3.1- Case Management System, District Judiciary, Punjab:
Following is the website, which provides extensive database of cause lists of

every subordinate Court of the Province of Punjab:105
Screen Shot No.9: “Case Management System”, District

Judiciary, Punjab, https://dsj.punjab.gov.pk/ (accessed July 28,
2023)
When you select the name of your district and the name of your
relevant Court and relevant date, you get the Daily Cause List in the
following manner:

2023)
105 “Case Management System”, District Judiciary, Punjab, https://dsj.punjab.gov.pk/

71
Chapter 1
1.1.8.10.3.2- District Court’s Website:
There is another extensive database of District Courts in Punjab106, which, inter

alia provide Judgments and Decrees passed by the Trial Courts and the
District Court of that district. On its Judgments and Orders section, when you
type the required details you get your required Judgment.
Screen Shot No.11:“Case Management System”, District

2023)
1.1.8.10.4- Research through Digital Libraries:
Higher Education System (HEC) has provided a HEC National Digital Library
on www.digitallibrary.edu.pk. It provides high quality peer reviewed journals,
databases, articles and e-books across a wide range of disciplines.107
There are, inter alia, following main digital libraries.108 Some of the internet
links were not opening, therefore their correct links are searched and given
in the footnotes.
1. Project Muse,109
2. Springer Ebooks,110
106 “Judgments & Orders”, District Courts Jhelum,

https://jhelum.dc.lhc.gov.pk/PublicPages/JudgementOrder.aspx (accessed July 28, 2023)
107 “Digital Library”, Higher Education Commission, http://www.digitallibrary.edu.pk/
108 “Open Access E-Books”, Higher Education Commission,
http://www.digitallibrary.edu.pk/OAEBooks.html (accessed July 2, 2023)
109 “Project Muse”, Project MUSE, Johns Hopkins University Press in collaboration with The
Sheridan Libraries, http://muse.jhu.edu (accessed July 03, 2023)

110 www.springerlink.com/books
72
Chapter 1
3. Ebrary. Now E book Central,111

4. Adelaide University Electronic Texts Collection,112
5. Anu E-Print Repository,113
6. Australian e-Humanities Gateway,114
7. Curtin University of Technology,115
8. Eprints Queensland University of Technology,116
9. Eprints University of Melbourne,117
10. Monash University ePrint repository,118
11. Project Gutenberg of Australia,119
12. SETIS,120
13. UTasER,121
14. Alex Catalogue of Electronic Texts,122
15. arXive e-prints,123
16. Athena,124
17. Bartleby,125
18. Bibliomania,126
19. CELT (Corpus of Electronic Texts),127
20. CogPrints,128
21. The Digital Library of the Commons (DLC),129
22. Digital Library for Earth System Education (DLESE),130
111 “ProQuest-Ebook Central”, Higher Education Commission,

https://ebookcentral.proquest.com/lib/hec-ebooks/home.action (accessed July 03, 2023)
112 “University Library – Online Collections”, The University of Adelaide,
https://www.adelaide.edu.au/library/collections/online-collections (accessed July 03, 2023)
113 “ANU Print Repository”, Australian National University, https://anulib.anu.edu.au/using-
library/branches/anu-print-repository (accessed July 03, 2023)

114 “Australian e-Humanities Gateway”, https://www.craigbellamy.net/2004/11/15/australian-
e-humanities-gateway/ (accessed July 03, 2023)

115 “Curtin University”, https://www.curtin.edu.au/ (accessed July 03, 2023)
116 “QUT ePrints”, Queensland University of Technology, http://eprints.qut.edu.au/ (accessed
July 03, 2023)

117 “Minerva Access”, The University of Melbourne, https://minerva-access.unimelb.edu.au/

118 “Printing”, Monash University, https://www.monash.edu/esolutions/print (accessed July 03,
2023)
119 “Project Gutenberg Australia”, http://gutenberg.net.au/index.html (accessed July 03,
2023)
120 “Sydney Electronic Text and Image Service (SETIS)”, The University of Sydney,
https://digital.library.sydney.edu.au/pages/setis (accessed July 03, 2023)

121 “Open Access Repository”, University of Tasmania, https://eprints.utas.edu.au/13/

122 “Alex Catalogue of Electronic Texts”, Informations, LLC, http://www.infomotions.com/alex/

123 “arxiv”, Cornell University, https://arxiv.org/ (accessed July 09, 2023)
124 “Athena”, https://athena.unige.ch/athena/ (accessed July 09, 2023)
125 “bartleby”, https://www.bartleby.com/lit-hub/authors/ (accessed July 09, 2023)
126 “bibliomania”, http://www.bibliomania.com/ (accessed July 09, 2023)
127 “CELT – Corpus of Electronic Texts”, The Free Digital Humanities Resource for Irish history,
literature and politics, https://celt.ucc.ie/ (accessed July 09, 2023)

128 “Cogprints”, School of Electronics and Computer Science, University of Southampton,
https://web-archive.southampton.ac.uk/cogprints.org/ (accessed July 09, 2023)

129 “Digital Library of the Commons”, Indiana University, https://dlc.dlib.indiana.edu/dlc/

130 “Digital Library of Earth System Education (DLESE), National Science Foundation,
Alexandria, https://www.dlese.org/ (accessed July 09, 2023)

73
Chapter 1
23. Digital Library of Information Science and Technology (dLIST),131

24. Electronic Texts on the Internet,132
25. EuroDocs,133
26. Great Books Index,134
27. Great Books and Classics,135
28. Internet Classic Archive,136
29. Internet Public Library,137
30. MIT OpenCourseWare,138
31. National Academy Press,139
32. Networked Digital Library of Theses and Dissertations (NDLTD),140
33. New Zealand Digital Library,141
34. Online Books Page,142
35. Online Medieaval and Classical Library,143
36. Oxford Text Archive,144
37. Pennsylvania State University Electronic Classics Site,145
38. Preseus Project,146
39. Project Libellus,147
40. Project Madurai,148
41. Project Runeberg,149
131 “DLIST”, The University of Arizona, https://repository.arizona.edu/handle/10150/105067

132 “Electronic Texts on the Internet”, https://www.refdesk.com/factelec.html (accessed July
09, 2023)
133 “Euro Docs: Online Sources for European History”, Richard Hacken, European Studies
Librarian, Harold B. Library, Brighom Young University, Provo, Utah, USA,

https://eudocs.lib.byu.edu/index.php/Main_Page (accessed July 09, 2023)
134 “Great Books Index List of Authors and Titles:, Ken Roberts Computer Consultants Inc.,
http://books.mirror.org/gb.home.html%20 (accessed July 09, 2023)

135 “Great Books and Classics, The Gateway to the great Books Online”,
http://www.grtbooks.com%20/ (accessed July 09, 2023)
136 “Open Access e-Books”, e-Resources, HEC National Digital Library,
http://www.digitallibrary.edu.pk/OAEBooks.html (accessed July 09, 2023)
137 “IPL – Books and Culture: A Christian Review”, https://www.ipl.org/books-and-culture-a-
christian-review/ (accessed July 09, 2023)

138 “MIT Opencourseware”, Masachusetts Institute of Technology,
https://ocw.mit.edu/index.html%20/ (accessed July 09, 2023)
139 “National Academies Press”, National Academies Sciences, Engineering, Medicine”,
National Academies Press, Washington DC, https://nap.nationalacademies.org/ (accessed July

09, 2023)
140 “Networked Digital Library of Theses and Dissertations (NDLTD), https://ndltd.org/

141 “The New Zealand Digital Library”, University of Walkato, http://www.sadl.uleth.ca/nz/cgi-
bin/library (accessed July 09, 2023)

142 “The Online Books Page”, http://digital.library.upenn.edu/books/ (accessed July 09, 2023)
143 “Berkeley Library”, University of California, https://www.lib.berkeley.edu/ (accessed July 09,
2023)
144 “Oxford Text Archive”, Bodleian Libraries, University of Oxford, http://ota.ahds.ac.uk/

145 “PennState University Libraries”,
https://guides.libraries.psu.edu/c.php?g=350787&p=2441341 (accessed July 09, 2023)
146 “Perseus Digital Library”, Gregory R. Crane, Editor-in-Chief, Tufts University,
http://www.perseus.tufts.edu/hopper/ (accessed July 09, 2023)
147 “Welcome to Libellus de patientia Project”, Chris L. Nighman, Histroy Department, Wilfrid
Laurier University, https://libellus-project.wlu.ca/ (accessed July 09, 2023)

148 “Project Madurai”, https://www.projectmadurai.org/ (accessed July 09, 2023)
149 “Welcome to Project Runeberg”, http://runeberg.org/ (accessed July 09, 2023)
74
Chapter 1
42. SAIL – eprints,150

43. Soil and Health Library,151
44. Universal Library,
45. University of Virgenia Electronic Text Centre,152
46. Virtual Library,153
And many other links are available on the HEC’s website.
The Islamabad High Court has provided the IHC Digital Library on
http://mis.ihc.gov.pk/frmDl. It provides access to different journals,
databases, articles, acts, ordinances, rules, case laws, and e-books across a
wide range of disciplines.154

2023)
Similarly there are many other digital law libraries in the world, including
following:
1. Digital Law Library of South Africa,155
150 “University of Southampton Institutional Repository”, University of Southampton,

http://eprints.bo.cnr.it (accessed July 09, 2023)
151 “Welcome to the Soil and Health Library”, Soil and Health Library, https://soilandhealth.org/

152 “University of Virginia Library Digital Production Group”, University of Virginia,
https://dcs.library.virginia.edu/digital-stewardship-services/etext/ (accessed July 09, 2023)

153 “The WWW Virtual Library”, The WWW Virtual Library, Republic and Canton of Geneva,
http://www.vlib.org/ (accessed July 09, 2023)

154 “Digital Library”, Islamabad High Court, http://mis.ihc.gov.pk/frmDl (accessed July 2, 2023)
155 “Welcome to the Digital Law Library of South Africa”, African Legal Information Institute
(AfricanLII) at the Democratic Governance and Rights Unit, Faculty of Law, University of Cape Town
(UCT) and in partnership with UCT’s Judicial Institute for Africa (JIFA) and Laws.Africa NPO,
https://lawlibrary.org.za/ (accessed July 09, 2023)
75
Chapter 1
2. Open Law Library,156

3. Advocatetanmoy Law Library,157
4. LLMC Digital,158
5. Online Law Library, infotoask.com
6. Digital Law Library of Qaid-e-Azam Law College,159
7. The Digital Legal Library of International Centre for Not-for-Profit
Law,160
8. Laws, University of London,161
9. Law Libraries, OverDrive,162
10. Digital Collections, Library of Congress,163
11. Law Library, U.S. Department of Interior,164
12. The Digital Collection, law Library Victoria,165
1.1.8.10.5- What is Digital Object Identifier (DOI) and its use in research?
A Digital Object Identifier (DOI) is the digital identifier of any object, whether
it is in physical, digital or abstract form. It is a string of letter, numbers and
symbols. These DOIs keep track of things including matter, material, content
or activities. These DOIs can be identified by both human beings and
machines. Following is an example of DOI: 166 https://doi.org/10.1000/182 This
DOI name identifies the currently available latest version of the DOI
Handbook. There is also an International Standards Organization’s (ISO)
specific standard attributed to the DOI. It is ISO 26324. You can cite and link
your research articles or contents, etc using the DOI. Whenever someone will
click on this DOI, it will link him directly to that article or content etc. wherever
it is stored. For further reading and understanding of the concept follow
www.doi.org and the DOI Handbook.
1.1.8.10.6- Research through ChatGPT:
It begins by using the combination of hardware, software and the internet. If

you have a good high performance hardware and a high speed internet,
156 “An Open-Source Digital Law Library”, Open Law Library, Washington D.C,
https://openlawlib.org/whitepapers/an-open-source-digital-law-library/ (accessed July 09, 2023)
157 “Digital Library”, Adocatetonmoy Law Library Legal Database,
https://advocatetanmoy.com/e-library/ (accessed July 09, 2023)
158 “LLMC Digital”, https://llmc.com/ (accessed July 09, 2023)
159 “Qaid-e-Azam Law College, Lahore”, https://www.qlc.edu.pk/digital-law-library
160 “The Digital Legal Library”, ICNL International Centre for Not-For Profit Law,
https://www.icnl.org/resources/library (accessed July 09, 2023)
161 “Laws (UG)”, University of London, https://onlinelibrary.london.ac.uk/programme/laws-ug

162 “Law Libraries”, OverDrive, Inc., https://company.overdrive.com/law-libraries/ (accessed
July 09, 2023)

163 “Digital Collections”, Research Center law Library of Congress,
https://www.loc.gov/research-centers/law-library-of-congress/collections/digital-collections/
164 “Law Library”, U.S. Department of the Interior, https://www.doi.gov/library/collections/law

165 “The Digital Collection”, The Law Library of Victoria,
https://www.lawlibrary.vic.gov.au/collection/digital-collection (accessed July 09, 2023)
76
Chapter 1
you can venture around the universe of resources to find your topic of interest
within microseconds. Thousands of books are available at your desktop in just
micro seconds. Whenever, you are on your computer and on internet, you
exchange your data, and shred the traces of data on the open network,
most of the time unwillingly and unknowingly. Most of the time you yourself
input your data and it is accessible by all, again whether knowingly or
unknowingly. Your data, when it is converted into a digital data, and is made
available on the World Wide Web (hereinafter referred as the “Internet”), is
searched by the “Web Crawlers” also known as “Spider Bots”. These Web
Crawlers or Spider Bots are infact software applications known as “Internet
Bots” that crawl on the web pages through the universe or web of internet
and bring the results on your screen through your Search Engines. We will not
discuss the technical details, as that would deviate from our main focus.
Generally the words “Open Source” mean the source that is “available
and accessible by all”. However, in terms of computers and internet, it means
an “Open Source Software” (“OSS”). An OSS is a computer software, whose
developer gives its open access to the general public to use, study, change
and distribute the software and its source code to anyone and for any
purpose. In my view, it is infact a “honey trap” to attract the public at large
to openly collaborate and participate in online activities, share their data
and improve the performance of that software by using the data that could
otherwise be not available to that software.
Different search engines, started attracting the public at large towards

its “Speech to Text” and “Text to Speech” functions. And the concept of
“Natural Language Processing” (“NLP”) by using Machine Learning
originated to analyze the text or speech data. The IBM has defined the NLP
in following words:
“Natural language processing (NLP) refers to the branch of computer

science - and more specifically, the branch of artificial intelligence or AI -
concerned with giving computers the ability to understand text and spoken
words in much the same way human beings can.”167
A technological revolution known as “Artificial Intelligence” (AI) has

revolutionized the world. This technological revolution is encompassing and
gripping the whole world very quickly. However, the world composed of
human being is studying its pros and cons and still trying to regulate it through
different laws and regulations and are also trying to find out the universal
definition of the term “AI”.
Since, there is no universally acceptable definition of AI, therefore, we

can have a look at the following definitions:
John McCarthy had defined the AI as168:
167 “What is Natural Language Processing”, IBM, accessed July 1, 2023,

https://www.ibm.com/topics/natural-language-processing
168 “AI definition”, https://hai.stanford.edu/sites/default/files/2020-09/AI-Definitions-HAI.pdf

77
Chapter 1
“the science and engineering of making intelligent machines.”
The Oxford Learner’s Dictionary has defined the term as follows:
“the study and development of computer systems that can copy

intelligent human behaviour”169
It’s another definition is as follows:
“Any device that perceives its environment and takes actions that
maximize its chance of success at some goal.”170
Encyclopedia Britannica has defined the term AI in the following words:
“artificial intelligence (AI), the ability of a digital computer or computer-

controlled robot to perform tasks commonly associated with intelligent
beings. The term is frequently applied to the project of developing systems
endowed with the intellectual processes characteristic of humans, such as
the ability to reason, discover meaning, generalize, or learn from past
experience. Since the development of the digital computer in the 1940s, it
has been demonstrated that computers can be programmed to carry out
very complex tasks - as, for example, discovering proofs for mathematical
theorems or playing chess - with great proficiency. Still, despite continuing
advances in computer processing speed and memory capacity, there are
as yet no programs that can match human flexibility over wider domains or
in tasks requiring much everyday knowledge. On the other hand, some
programs have attained the performance levels of human experts and
professionals in performing certain specific tasks, so that artificial
intelligence in this limited sense is found in applications as diverse as
medical diagnosis, computer search engines, and voice or handwriting
recognition.”171
Computer is a machine. However, the concept of “Machine Learning”

is defined by the Oxford Dictionary as follows:
“the use and development of computer systems that are able to learn and
adapt without following explicit instructions, by using algorithms and
statistical models to analyze and draw inferences from patterns in data.”
The IBM has also defined the Machine Learning in following

words:
169 “Artificial Intelligence”, Oxford Learner’s Dictionary, Oxford University Press, accessed July
01, 2023, https://www.oxfordlearnersdictionaries.com/definition/english/artificial-intelligence

170 “Artificial Intelligence”, SIYATON (2018), https://siyaton.com/hanaservices/artificial-
intelligence [https://perma.cc/5UZB-K3R4]
171 Copeland, B.. "artificial intelligence." Encyclopedia Britannica, June 30, 2023.
https://www.britannica.com/technology/artificial-intelligence. (accessed July 2, 2023)
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Chapter 1
“Machine learning is a branch of artificial intelligence (AI) and computer

science which focuses on the use of data and algorithms to imitate the way
that humans learn, gradually improving its accuracy.”172
We cannot proceed further without knowing something about how the

Machine Learning works. There are two general categories of Machine
Learning: Supervised and Unsupervised. Supervised technique of Machine
Learning means when there is a piece of data that can be predicted or
explained. On the other hand, unsupervised technique of Machine Learning
means when the data is unpredictable or unexplainable. It uses the “traits to
form cluster of items that are similar to one another.”173 So, it relates different
data points and groups them together.
Different methods of Machine Learning are prescribed. However, Jorge

Castanon has provided following ten methods:
“1. Regression,
2.Classification,
3.Clustering,
4.Dimensionality Reduction,
5.Ensemble Methods,
6.Neural Nets and Deep Learning,
7.Transfer Learning,
8.Reinforcement Learning,
9.Natural Language Processing,
10. Word Embedding.”174
Out of the above, we will mention “Neural Nets and Deep Learning” and
“Natural Language Processing”.
‘Neural Networks’ are the networks that are at the foundations of

machine learning. They are developed on the structure of biological neurons
that work in a human brain. They are composed of different ‘Node layers’
containing ‘Input layers’, ‘multiple hidden layers’ and ‘Output layer’. And like
a human brain, this ‘Neural Network requires training through data. And the
moment, this Neural Network is accurately tuned, it becomes a powerful tool
to be used in Artificial Intelligence. Deep learning is a tool of machine
learning that is used to simulate the functioning of a human brain through the
use of different applications and processes which function by using the
Neural Networks. So, Neural Networks and Deep Learning are at the core of
Artificial Intelligence, which are developed to think, work, differentiate and
perform like a human brain.
172 “What is machine learning?, IBM, https://www.ibm.com/topics/machine-learning

accessed July 2, 2023
173 Jorge Castanon, “10 Machine Learning Methods that Every Data Scientist Should Know”,
Towards Data Science, May 2, 2019, https://towardsdatascience.com/10-machine-learning-

methods-that-every-data-scientist-should-know-3cc96e0eeee9, (accessed July 2, 2023)
174 Jorge Castanon, “10 Machine Learning Methods that Every Data Scientist Should Know”,
Towards Data Science, May 2, 2019, https://towardsdatascience.com/10-machine-learning-

methods-that-every-data-scientist-should-know-3cc96e0eeee9, (accessed July 2, 2023)
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Chapter 1
Natural Language Processing is “the ability of a computer program to

understand human language as it is spoken and written – referred to as
natural language. It is a component of artificial intelligence (AI)”175. An
example of Natural Language Processing (NLP) is the “Text to Speech”
function on a Computer Software like MS Word, etc;, Smart Assistants; Search
Results [through Voice Search etc.]; Predictive Texts; Language Translation;
Digital Phone Calls; Data Analysis; Text Analysis.176 There are many other
examples of NLP like different functions of a computer and software that
require the use of microphone and camera. So whenever you input through
your Natural Language on a computer software, it is evaluated, decoded
and processed through different specific procedures to understand, solve
and process that data through a process called ‘algorithm”, which is used to
perform a specific task. For better performance of these algorithms, a
specific computer architecture called ‘transformer’ is used. These
‘transformers’ have been used to build Large Language Models (LLM), which
have further revolutionized the concept of NLP, by “providing models that
generate coherent and fluent text” 177.
The ‘Generative Pre-Trained Transformer’ (GPT) are type of LLM.178 These

GPT have generated the concept of “Generative Artificial Intelligence”.
OpenAi is an American Artificial Intelligence research laboratory. It was

founded in 2015. And from 2015 onwards, it has been doing research on
Artificial Intelligence. In 2020, it announced the concept of GPT-3. In 2021 it
introduced Deep Learning Model called DALL-E. In 2022, it introduced a
Chatbot based on GPT-3.5 called ChatGPT. And in 2023, it introduced GPT-
4, a much advanced version of GPT and Chatbot. The website of OpenAI 179
says:
“We’ve trained a model called ChatGPT which interacts in a

conversational way. The dialogue format makes it possible for
ChatGPT to answer follow-up questions, admit its mistakes,
challenge incorrect premises, and reject inappropriate requests.”
And this ChatGPT has influenced and revolutionized the whole world and
is gripping the entire world of humans and machines quite swiftly. This process
is so fast that the world has started thinking about its pros and cons and every
175 “Tech Accelarator – A Guide to artificial intelligence in the enterprise”, TechTarget,
https://www.techtarget.com/searchenterpriseai/definition/natural-language-processing-NLP
176 “Natural Language Processing Examples”, tableau,
https://www.tableau.com/learn/articles/natural-language-processing-examples (accessed July
09, 2023)
177 Pradeep Menon, “Introduction to Large Language Models and Transformer Architecture”,
March 9, 2023, https://rpradeepmenon.medium.com/introduction-to-large-language-models-

and-the-transformer-architecture-
534408ed7e61#:~:text=Large%20Language%20Models%20(LLMs)%20have,building%20block%20of
%20all%20LLMs. (accessed July 09, 2023)
178 Anitakivindyo, “What are Generative Pre-trained Transformers (GPTs)?”, February 16, 2023,
https://medium.com/@anitakivindyo/what-are-generative-pre-trained-transformers-gpts-
b37a8ad94400 (accessed July 09, 2023)
179 “ChatGPT”, https://openai.com/ (Last visited 15.04.2023)
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Chapter 1
country is now in a rush to regularize it through different laws, regulations and

national policies.
This form of AI has in fact posed a challenge to humanity and for data
privacy concerns. It has the ability to use large sets of open data, whether it
is obtained from the data traces left by the use of internet or otherwise. The
machines are also incapable of differentiating between the historical bias
and misinformation. If the machine picks the data from historical bias and
from a wrong source, it will be biased as well. The law requires the machines
and the processing of the unbiased data.
Now a days, almost all of the statutes are available on the Internet.
Similarly, and particularly in Pakistan, almost every reported judgment of High
Court and Supreme Court is uploaded on the relevant websites. Meaning
thereby that this data of Statutes and Judgments is already available on the
Internet, which can be easily accessed by the current AI technologies. These
AI technologies and the software can be trained to categories different
types of facts, laws and relief and automatically update itself instantly and
use the result on a certain type of fact or proposition brought for solution.
However, the basic source data in the form of facts, judgments, documents
and law is always created, managed, altered, amended and controlled by
a human being, which, in our perspective, is the parties, the staff of Court,
the lawyers, the Judges and other related persons. Meaning thereby that, it
cannot auto generate the source data, the source data has always to be
input by a human being.
However, in short, it can replace the legal research conducted by a

human lawyer whose accuracy cannot be predicted. By the introduction of
ChatGPT Bot by Open AI, an effort has been made to let the whole world
train and help the AI auto-correct itself. Soon, there would be a product that
would serve as a human mind, which would be near to perfection. And that
would be a day of a challenge to humanity and the survivor of role of legal
practitioners.
AI is being used to predict the possible outcome of a litigation. AI

technologies have the ability to predict the style and behavior of judgment
writing of any particular judge by using the common data from all the
previous judgments of that particular judge. And if this is so, then, the clients
and the lawyers appearing before that particular Judge will feel outcome
and some of them may predict the prejudice and biasness of the Judge and
may pose lack of confidence on him. And in that case, the predictive AI will
create a threat to the entire administration of justice and fair-play.
Although the people are arguing about the use of AI technologies for
dispute resolution, but, it is not useful for the people who do neither
understand the importance of ADR including arbitration, mediation, etc., nor
have any knowledge about Online Dispute Resolution (ODR). How they can
understand the seriousness of the dispute resolution performed by a Chat Bot
or a Robot on the other end. They will just consider a joke and will increase
their hype. In Pakistan, the ADR is opted by only less than 1 percent of the
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business community. So, for Pakistan, AI for dispute resolution is a totally alien
concept till the time the use of ADR and that too by using technology is made
a compulsion for the business community.
However, AI can be used for the following:
1. Document Review,
2. Court Administration,
3. Case and Court Management, and
4. Legal Bots to assist litigants in filing cases in Courts, or to check the
relevancy of documents filed in Court in the pre-trial stage. At trial
stage, it is the responsibility of the Judge.
In my view, unless and until, the Generative AI and ChatGPT is fully

researched on and unless and until it is properly regulated by the
Government through different laws, rules, regulations and policy directives in
Pakistan, and unless and until the Court Staff, the Judges, the lawyers and
the general public are properly trained and fully informed, it should not be
used by the Courts in anything other than the above-mentioned. Since
ChatGPT references are in majority of the cases not correct, therefore, it
should not be used even in legal research. However, AI can be used very
effectively in the corporate sector, especially to check the regulatory
compliances and contract management.
CHAPTER 2
How To Reflect Your
Legal Research In
Your Arguments
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How to reflect your Legal Research in your arguments?
2.1- How to reflect your Legal Research in your arguments?
The final and most crucial stage of a case at any stage and before any forum
is the stage of arguments, where the facts and law on those facts are
weighed and judged on the balance of Justice.
The dictionary meanings of ‘Argument’ is as follows:
1. “1. An oral disagreement; verbal opposition; contention; altercation
2. a discussion involving differing points of view; debate
3. a process of reasoning; series of reasons
4. a statement, reason or fact for a thought or against a point
5. an address or composition intended to convince or persuade;

persuasive discourse
6. subject matter; theme.”1
2. “The process by which inferences are drawn; the discussion by a

Counsel of the evidence in a suit and the placing of various authorities
in a suit and the placing of various authorities for legal position; a
statement of reasons based on such, offered as proof; a summary of
the subject-matter of a book.”2
Arguments may be in the oral or in written form. The whole fate of the
client is in the hands of a lawyer who has decided to help him resolve his
dispute and to take the case to such a position that the Judge before
adjudicating upon the matter in contention does not find anything other
than deciding the case in favor of that particular client. You must know when
to argue and when not to argue. Sometimes, the lawyers often win their
cases by not arguing. I have often observed during superior Court’s hearings
that the honorable Judge keeps on putting very hard questions of facts and
law to the Counsel for the Petitioner or Appellant and during this questioning
the Respondent’s lawyer keeps lip locked and stands poker faced and
expressionless. He speaks when he is asked to speak. Often the honorable
Judge, if does not get satisfactory answers from Petitioner or Appellants’ side
straightaway dismisses the Petition or the Appeal. So the Respondent’s lawyer
won the case without speaking even a single world. The moral of the story is
‘wait for the Judge.’ And when you are asked to speak, speak in such a way
that your ears must listen what you are saying. Words uttered are like arrows.
Once they are fired from your bow, they cannot be taken back. Think well
before you speak. At the same time, you must be a good and patient listener.
During the course of opponent’s arguments, control your words, your
1 “argument”, Dictionary.com, accessed 03.06.2020,

https://www.dictionary.com/browse/arguments
2 “Argument”, Sardar Muhammad Iqbal Khan Mokal, ‘Law Terms and Phrases, Judicially
Interpreted with Legal maxims & Foreign Legal Words and Phrases in ordinary usage , 1978 Edn, Law
Publishing Company, Kutchehry Road, Lahore, ’p.109
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reactions, your body language and emotions. Just write down what your
opponent is saying. And to do so, in my view, you can have the following
table:
Sr.No. Opponent’s Arguments Your Point of View
Table No.3: The Opponent’s Arguments and your view.
The success can only be achieved if the lawyer is equipped with the
following qualities, which in my view stand as the most important requisites.
These are: clarity of thought, analytical mind; command over language,
effectiveness of expression; a method of persuasion (having studied the
court) and a reasonable approach. These qualities will be discussed below.
I, as a litigation lawyer have always considered that a case, right from

the first stage of fact finding till the last stage of its final arguments is like a
game of chess. You open the chess board when you chronologically arrange
your facts and then sift the relevant from irrelevant facts. In this way, actually
you have arranged your ‘army of facts’ against the ‘army of facts’ of your
opponent on the chess board. Never underestimate the power,
competence and ability of your opponents. I have often seen senior and
experienced lawyers being flattened by young, hardworking and
competent lawyers.
2.1.1- The right to begin:
Order XVIII, Rule 1 of CPC, 1908 speaks as follows:
“1. Right to begin,-- The plaintiff has the right to begin unless the defendant
admits the facts alleged by the plaintiff and contends that either in point
of law or on some additional facts alleged by the defendant the plaintiff is
not entitled to any part of the relief which he seeks, in which case the
defendant has the right to begin.”
Order XVIII of CPC, 1908 is about ‘Hearing of Suit and Examination of

Witnesses’. This provision is applicable to both the stages of evidence and
the arguments. Our focus, here is on ‘the right to begin the arguments’.
The general rule of arguments is that the person on whom the burden of
proof lies has the right to begin. However, an exception to this rule is that the
Defendant has the right to begin if maintainability of the suit is in question; if
the burden proof of proving all the issues lies on the Defendant and if the
defendant admits the facts alleged by the Plaintiff, but concedes that either
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in point of law or on the basis of some additional facts alleged by the

defendant, the plaintiff is not entitled to the relief prayed for.3
Order XX, Rule 1(1) speaks as follows:
“On completion of the evidence, the Court shall fix a date, not exceeding
fifteen days, for hearing the arguments of parties.”
Order XLI, Rule 16 is about Right to begin before an appellate Court. It

reads as follows:
“16. Right to begin. (1) On the day fixed, or on any other day to which the
hearing may be adjourned, the appellant shall be heard in support of the
appeal.
(2) The Court shall then, if it does not dismiss the appeal at once, hear the
respondent against the appeal, and in such case the appellant shall be
entitled to reply.”
Mr. Justice Syed Zahid Hussain in Muhammad Latif Vs. Member Board of
Revenue/Chief Settlement Commissioner, Punjab, Lahore and 9 Others,
reported as 2003 CLC 1064 considered the order passed after a lengthy
period of time after the date of hearing as violative of the principles of
natural justice, not sustainable in law and was declared to be of no legal
effect.
The Cr.P.C. 1898 has not mentioned the term final arguments. Rather
under Section 265-G a term ‘summing up’ has been used instead of
‘arguments’ or ‘final arguments’.
Section 265-G of Cr.P.C. 1898 speaks as follows:
“265-G. Summing up by Prosecutor and Defence: (1) In cases where the

accused, or any one of several accused, does not adduce evidence in his
defence, the Court shall, on the close of the prosecution case and
examination (if any) of the accused, call upon the Prosecutor to sum up his
case whereafter the accused shall make a reply.
(2) In cases where the accused, or any of the several accused, examines
evidence, in his defence, the Court shall, on the close of the defence
case, call upon the accused to sum up the case whereafter the
Prosecutor shall make a reply.”
2.1.2- The ‘First Hearing’ by a Civil Court:
The ‘First Hearing’ comes when a suit is instituted alongwith the Plaint, and
when defendant files his Written Statement before the Court.
3 Aamir Raza, “Code of Civil Procedure”, Ninth Edition, 2005, published by Aamir Raza A. Khan,
p.666
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The term ‘First Hearing’ is not defined by the CPC, 1908. In fact it is the
stage of framing of Issues by the Court under Order XIV of CPC, 1908.
According to an Indian Judgment Arujun Khaimal Makhijani V. Jamnadas C.
Tuliani, (1989) 4 SCC 612:
“First Hearing is the day on which the Court applies its mind to the case
either for framing Issues or for taking evidence.”
2.1.3- The Final Hearing:
Vide ‘The Code of Civil Procedure (Amendment) Act, 2020 the following
Section has been added:
“26-D. Hearing of final arguments.—(1) The Court after submission or closing

of evidence, as the case may be shall fix a date not later than fifteen days,
for hearing of final arguments by parties.
(2) The Court may require the parties to file their written arguments in
addition to oral arguments.”
Final Hearing is dealt by Lahore High Court Rules and Orders as follows:
“On completion of evidence, the Court shall fix a date, not exceeding
fifteen days, for hearing of arguments of parties, and the trial shall be over
after such hearing.4
“When the party having the right to begin has stated his case and the
witnesses adduced by him have been examined, cross-examined and re-
examined, and all the documents tendered by him have been either
received in evidence or refused, it then devolves upon each of the opposing
parties, who have distinct cases, to state their respective cases in succession,
should they desire to do so. After all of them have done so, or have declined
to exercise the right, the evidence, whether oral or documentary, adduced
by each in order, should be dealt with precisely as in the case of the first
party; and on its termination and after they have, if they so desire, addressed
the court generally on the whole case the first party should be allowed to
comment in reply upon his opponents evidence.”5
2.1.4- The Opening Statement:
Once upon a time there was an apex Court being the Court of last resort,
headed by an honorable Judge. The practice of the Court was that it used
to hear very short arguments even in very lengthy and critical cases. The
Court even used to forthwith decide the fate of the case. Most of the cases
used to get disposed off in a matter of 5 to 10 minutes. A learned senior
advocate was much concerned about his case. His case was the most
critical cases of all times, which required deep explanation of facts. On the
day of arguments, before his turn, all the cases met the same fate. When his
turn came, he with a confident smile on his face, calmly started walking
4 Lahore High Court Rules and Orders, Vol.-I, Chapter 11, Part A, Rule 1
5 Ibid., Chapter 1, Part H, Rule 10
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towards the rostrum and while walking, when he approached near the
rostrum, he smilingly and confidently said: “Sir, I have charged forty lac
Rupees from my client. My client wants me to argue before this honorable
Court. I request this honorable Court should hear me for a while.” The Court
became surprised by this ‘opening statement’ and said “Ok, Mr. Pirzada
please proceed.” The learned Counsel then argued for a sufficient hour and
explained all his important points.
An argument begins by an opening statement. There is no law on earth,

which can prescribe how to open a case. Whenever an advocate, without
any other pressure on his mind, calmly sits for preparing his case, the facts of
the case automatically give birth to an opening statement. The most
important factor, which shapes and grooms this opening statement is the
behavior, conduct and personality of the Judge and his style of conducting
the proceedings in cases before him. In other words, the opening statement
is born when you completely know thy facts, know thy law and last when you
know thy Judge. It is something that comes out of your mind and expressed
through your heart.
After you have opened the case, note the expressions of the Judge.
These expressions will help you streamline your further course of action.
Sometimes the Judge will require you to simplify the whole case in few words
and sometimes you will be required to go through each and every word of
your file. It depends from case to case.
During the whole course of your arguments, you should be equipped

with following qualities. I had also mentioned these qualities in my previous
book. However, as the topic is capable of further expounding, therefore, I,
will further expand these points here as well for my target readers, i.e., the
law students and young lawyers.
2.1.5- Clarity of Thought:
You have a plethora of documents, the haphazard facts, the leading and
misleading evidence, and a universe of law and case law in front. If you have
not clearly defined your line of action, you may create a worst picture in the
mind of the Judge. Therefore, clarify your thoughts and streamline your set of
arguments. Present them in a crystal clear way, so that no shadow or no
ambiguity remains in the narration of facts during the course of arguments.
While studying your case or your brief you must be focused on it and
revisit the whole file again and again. This process will help you in formulating
your final arguments. When you are done with formulating and streamlining
your thoughts, write them.6
6Shahzad Abid Baig, ‘Wakil-e-Sharai and the Legal Practitioners in Pakistan’, 2004, Federal Law
House, Rawalpindi
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2.1.6- Create a picture in the mind of the Judge:
During the course of arguments, both lawyers present the facts and the law
on those facts in such a way that two different pictures are created before
the eyes of a Judge. The picture, which is clearly drawn wins the case. Have
you seen the following statue of Roman Goddess of Equity, which is also
commonly known as ‘blind folded lady of Justice’? Have you ever wondered
about the underlying meanings of this statue and why its eyes are blind
folded? Let us discuss it hereunder:
Blindfold: This statue is shown outside

different Courts at different places as
blindfolded to represent that the
administration of justice should not be
prejudiced and it should be unbiased.
Meaning thereby, that the eyes of a
Judge are closed and they will open
when you will draw a clear picture of
your facts and your relief in his mind
through your representation before
him, which picture is much better,
much clearer, and much sharper than
the picture of facts and relief drawn by
your opponent lawyer.
The hanging Balance: And during the

whole proceeding of a trial before a
Judge, the balance of Justice that the
statue is holding in her right hand is
equally balanced. It will tilt only in that
party’s favour who will draw a clear
picture of facts and relief in the mind of
that Judge through his representation
before him, which picture is much
better, much clearer, much sharper
than the picture of facts and relief
drawn by the opponent lawyer. And
that would be the moment of ‘Justice Image No.1: It is not the exact image
done’ through the dictum of a Judge. of statue of Lady Justice. It’s different
variants exist.
The sword pointing downwards: We
cannot escape the authority that is
behind that Judge to administer the
Justice and the judicial strength and
the power that can be sparingly used.
And that is the ‘Sword’, which is held in
the left hand of the statue to show to
the parties that a Judge is not without
authority, strength and power and he
can use it, whenever he thinks fit and
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proper. So, never challenge his

authority, strength and power during
the proceedings of whole trial and
believe in him.
Now let us discuss a well-known example of how to draw a picture of

facts in the mind of a Judge by using the example of an ‘Ugly Car’. A party
to the proceedings wants to show to the Judge that the Car is ugly. How will
he do so? He can do so in the following manner. During the hearing, following
are their arguments, with each other. Please remember, these are the
imaginary arguments.
Image 2 (Free Image): Credit: Alexey Borodin, Stock Photo ID: 884151438,
uploaded December 02, 2017, https://www.istockphoto.com/photo/burnt-
red-car-after-fire-accident-gm884151438-245851459?phrase=ugly+car
(accessed 01.05.2023)
“Lawyer: Sir, the Plaintiff through his Counsel has filed a suit for seeking
the recovery of a much higher amount of damages of a Car,
which is an ugliest car.
Judge: Respected lawyer, the Plaintiff has filed a Suit and mentioned in
his evidence that the Car is of a very good condition, how can
you convince me that the Car is ugly?
Lawyer: Sir, the Plaintiff was bound to tender the pictures of the Car in his
evidence and also mention the condition of his Car in his
examination in chief, but he has neither shown the pictures of his
Car before this honorable Court, nor has ever tendered them in
his documentary evidence.
Judge: The record is in front of me. However, I am still unable to

understand that the Car is ugly.
Lawyer: Sir, although the Plaintiff has not mentioned in detail about the
condition of his Car, however, during the cross examination, when
he was confronted with the picture of his Car, he admitted it as
the picture of his own Car and it is available in the Case File before
this honorable Court as “Ex.--”, which may kindly be seen. The
Plaintiff has further admitted at page No.---, line No.--- in his cross
examination that his Car bears the Registration No.----, which is the
same as has been narrated by the Defendant and whose picture
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is also available in Case File before this honorable Court as “Ex.--
-”. During cross examination, the Plaintiff has also admitted that
the ‘Car was burnt in fire at the backyard of his house’, ‘the Car
had lot of dents’, ‘the paint of his car was burnt and withered off’,
‘the Car had a lot of rust on it’, ‘the main screens and window
glass was broken’, ‘the entire plastic in the Car is burnt’ and ‘the
Car is extremely dented’. And Sir, all of this can be clearly seen in
the “Ex…” and “Ex.---”. Furthermore, the honorable Court can
either require the Car to be brought before it for inspection or visit
the location where the Car is placed under Order 18, Rule 18 of
the CPC, 1908.
Judge: Thanks, please wait for the decision.
Judgment and Decree: The Car is found to be ugly and the Suit of the
Plaintiff is dismissed with compensatory costs under Section 35-A
of CPC, 1908 for frivolous litigation.”
2.1.7- Analytical Mind:
An analytical mind is the one which can rationalize and differentiate

between the good and the bad and which can pick the right point from a
zig-zag factual or a legal situation and proceed towards that point in order
to bring justice to the door step. An analytical thinker sees everything with a
doubt, he questions everything. He looks for the evidence of truthfulness. He
is thoughtful about different solutions of the problem. What else can be said
other than to say that it is the most important requisite. Be an analytical
thinker.7 It is said that a child who questions too much in his early child hood
can be a future lawyer. The lawyers are genetically of critical mind.
Analytical mind is full of analytical skills, and the analytical skills are those
which collect, organize, visualize and assimilate the data. It is in fact the logic
that derives you towards different sets of conclusions. According to Collins
COBUILD Advanced learners’ dictionary:8 “An analytical way of doing
something involves the use of logical reasoning.” So in short the mind of
analytical thinker works like a computer processor. An analytical process
requires a fresh and healthy mind because, often inside the Court room a
lawyer has to utilize all of his analytical skills to face different odd situations. In
free hours, many lawyers play the mind games like Chess, etc. to further
sharpen their analytical skills. Similarly rich businessmen play Golf to not only
make networks but also to sharpen their business skills with fresh mind and
fresh energy. So, a fresh mind is the best analytical mind.
And finally, in my view, an analytical lawyer is the one who can receive
the data, process the data, generate different ideas, put them on
hypothetical situations within his mind, then sort out the best solutions of the
problems and that too in a blink of an eye.
7Ibid.
8 “Analytical Skills”, https://www.collinsdictionary.com/dictionary/english/analytical-skills
(accessed 01.05.2023)
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2.1.8- Command over language:
People often argue about the role of language in advocacy. Few say that it
is not important among other requisites. However, it is still an important
requisite as it has direct influence with the reflex action of a person who is
hearing the words being uttered. Every part of the world has its own
language, its own varying accent and pronunciation. Urdu and English are
the most common languages in Pakistan. However, other local languages
are also quite frequently used in the subordinate Courts in Pakistan but local
languages are not used in Superior Courts. The language must be the
language of the Court i.e. which is well known by the speaker and the
listeners, which is not rough and rude, which is polite, which is well understood
and lastly which is the language of law.9
Many lawyers do not care about the grammatical and spelling mistakes
in English language. The Judges also do not mind whether you are good at
speaking the language of the law or not. They only care about how
effectively you have communicated your point of view to the Judge. Not
everyone can have an authority over the foreign language but you should
have a confidence to communicate.
2.1.9- Effectiveness of expression, a method of persuasion and a reasonable

approach:
It is well accepted that every person has his own way of expression, his own
approach towards the matter concerned and his own way of persuasion. It
is wise to say that ‘relationship is the name of change in attitude.’ By this
change in attitude you can make friends and you can lose friends; it all
depends upon you and your attitude towards others. In the legal profession
lawyers often win their cases by just changing their attitude.
Way of expression, approach and persuasion are the subsidiaries of the

attitude which makes the man perfect. These are the arms of an advocate
with which he is gifted.
An advocacy or Wakalah is a widely used concept. An Advocacy is an

attempt to change the attitude and action of a group or individual or to
deepen or strengthen the attitude already present.10
Whenever someone speaks, he applies some degree of influence to the

audience or his listener because it is impossible to speak without exercising
some degree of influence on other person. It is the quality of a best speaker
or an advocate to exercise his power of persuading on the other and to drive
him to accept that whatever he is saying is worth listening. An advocacy is
the best form of persuasion as it persuades the listener to change his attitude
Ibid.
9
Hance, Kenneth G, Ralph, David C, And Wiksell, Milton J. ‘Principles of Speaking’Published

10
by Wadsworth Publishing Company, Inc. Belmont, California Page 234.

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and opinion and to take an action in accordance with this new view or
opinion.
According to different writers and experts an advocate can exercise

different types of persuasive speeches for example: logical persuasive talk;
non-logical persuasive talk; the debate; the argument; the mixed-
informative persuasive speech; the good-will talk11; and there are so many
other types of speeches which are often used by the advocates in Pakistan.12
The examples of such persuasive speeches cannot be explained through
writing, they can only be explained and understood through a live
experience, through a video and through a Moot Court.
2.1.10- Having studied the Court:
Before arguing a case a lawyer must study the personality of the Judge.
Some Judges have an appearance, which easily reflects their personality,
and some Judges have a deceiving appearance i.e. it is difficult to guess
their personality by their appearances. It is important to guess the personality
of the Presiding Officer of the Court because a lawyer has to argue the case
before him and has to get justice from him for his client. An advocate has to
guess what impression the Judge has after hearing the words uttered by him
and listened by the Judge. It is a very important exercise. It requires sharpness
of mind, deep penetrating eyes, and a quick reflex action. Sometimes the
Presiding Officer of the Court starts getting frustrated by the arguments of the
lawyer. At that moment, whenever an advocate perceives even a slight sign
of that change in attitude, he should instantly change his style of persuasion
and speech but not the point of argument if it is necessary and important.
In every day practice, the lawyers come across different Presiding

Officers of the Court with different personalities and different set of mind.
Every time in a Court the lawyers have to change their attitude with respect
to the personality and approach of the Presiding Officer of the Court. It is
quite natural that different persons may have different approaches towards
the same matter [as we have explained in Chapter No.1 by giving the
example of ‘Necker Cube’].
Thus, in my view, if a new Judge is posted or transferred in your area,

prefer not to immediately argue before him on the very first day. Even new
Judges also wish to settle first, both physically and mentally and acclimatize
in any new area for few days and in the meantime few of them may wish to
understand the conduct, behavior and psychology of lawyers of that area.
So, whenever a new Judge is posted or transferred in your area, on the first
day and on some subsequent days, the young lawyers should sit quietly in
the courtroom and study the personality, conduct and behavior of Presiding
Officer of the Court before uttering any word before him. This will help you
understand, whether he comes in time and leaves in time; how he behaves
Ibid., 235.
11
Shahzad Abid Baig, ‘Wakil-e-Sharai and the Legal Practitioners in Pakistan’, 2004, Federal
12
Law House, Rawalpindi

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with the Ministerial Establishment of his Court; how he behaves with the
lawyers; how he looks at the case file and how he writes down the interim
order; how far his management of the case file and his conduct, behavior
and psychology is different from his predecessor Judge; how he behaves
with lawyers, whether he is too soft, too arrogant, too inquisitive, too rash or
a balanced one; whether he respects and treats the lawyers equally, without
he behaves like a teacher with young lawyers and with un-biased, un-
prejudiced respect to the lawyers by giving them an equal treatment; how
he acts and behaves with the parties to the litigation; how he writes and
delivers his judgment. So, whenever a new Judge arrives, just relax yourself
for a while and study the Court and the Judge. Such Judges should also bear
in mind that they are being studied by the lawyers, the Bar Association and
the Clients as well.
2.1.11- Having studied the facts:
Another most important thing is the bundle of facts, which on one hand give
rise to the cause of action against a person and on the other hand negate
that particular person’s cause of action. A lawyer should have a full grip upon
the facts of his case. He should know about his version and the version of the
opponent. Having a full grip upon the facts would mean a full grip upon the
arguments before the Presiding Officer of the Court. If you have full group
upon the facts, you will be able to withstand and answer the hard questions
of the Court.13
I have mentioned this concept in detail in previous Chapter of this book,

please follow it carefully. Majority of lawyers, study the facts in their case file
time and again. I have seen many senior most lawyers having the complete
facts of their case on their fingertips. I have often seen such lawyers narrating
the minute details of facts orally, and without opening their files.
2.1.12- Having studied the law:
Some law and legal procedure govern each act. There is an English Legal
Maxim ‘Ubi Jus Ibi Remedium’ i.e. wherever there is a right there is a remedy.
It also means a remedy provided by the law. You must thoroughly study the
law.
2.1.13-Professional Robes of Advocates:
As has been repeatedly mentioned, that first impression matters a lot. The
Judge sits at a high place, where everyone is clearly visible to him. When you
enter the Court room, you cannot escape from his eyes. Wear the best
professional robe that you have. I have often seen the Judges of superior
Courts becoming annoyed when they see the lawyers not being properly
dressed up.
13 Ibid.
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The Pakistan Bar Council in its 29th meeting held on 11-1-1979 at Karachi
considered a resolution of the Punjab Bar Council wherein it was proposed
that uniform for the members of the Bar be changed. To adopt the ‘Qaumi
Libas’ for the legal fraternity the Pakistan Bar Council had proposed that the
present robes of Advocates be changed. It was proposed that the use of
bands on collars be done away with and instead the Advocates should wear
black Achkan/Sherwani or black coat with black tie and black gowns. The
idea behind was that by and by the Advocates will start wearing black
Achkan/Sherwani instead of black coat. However, inspite of the best efforts
this Bar Council did not receive any encouragement from the Supreme Court
and the High Courts. However, in view of the changing circumstances and
introduction of Islamic order in the country the Council felt the need for the
change in the professional robes. To start with the Council reiterated its earlier
resolution which provides that the use of bands be done away with and
instead the Advocates should wear black Achkan/Sherwani or black coat
with black tie and black gowns. The Council decided that this change may
take place with effect from 12th of Rabi-ul-Awwal. 14
Thereafter, certain decisions took place regarding Court dress and the
mode of address in a meeting, which was attended by Chief Justices of the
Superior Courts in June 1979. On 6th of November 1980 President’s Order
No.15 of 1980, Superior Courts (Court Dress and Mode of Address) Order, 1980
was issued by the President. The Supreme Court Rules 1980 also provide a rule
about the dress of Advocates and Advocates on Record. It says that the
dress for senior Advocates, Advocates and Advocates on Record shall be
short coat or sherwani of black material. The senior advocates shall wear
gowns throughout the year. 15
Recently the President’s Order No.15 of 1980 has been repealed by

Superior Court’s (Court Dress and Mode of Address) Order (Repeal) Act, 2020.
Chapter III of Sindh Criminal Court Rules, 2012 deals with ‘Establishment’.
Its Rules 3.2 deals with ‘Court Dress for Judicial Officers and Advocates. This
provision is as follows:
“3.2. Court Dress for Judicial Officers and Advocates –
(1) All the Judicial Officers including the Judicial Magistrates shall wear black
coat, white shirt, black tie, white trousers and gown, whenever notified.
(2) Lady Judicial Officer shall wear black coat, white shirt, white shalwar or
saree and gown, whenever notified
(3) Advocates when appearing in the Court shall wear black coat/black
sherwani, white shirt, black tie, white trouser and gown. Provided that wearing
gown shall be optional.
‘Pakistan Bar Council Journal’ Chief Editor: Iqbal Ahmad Khan Advocate.
14
Shahzad Abid Baig, ‘Wakil-e-Sharai and the Legal Practitioners in Pakistan’, 2004, Federal
15
Law House, Rawalpindi

94
Chapter 2
(4) Lady Advocate shall wear Black coat, white shirt, white colour shalwar or
saree and gown. Provided that wearing of gown shall be optional.”
2.1.14- Mode of addressing the Judges of Superior Courts:
Section 4 of Superior Courts (Court Dress and Mode of Address) Order, 1980
speaks about the Mode of Address of Advocates. However, this President’s
Order No.15 of 1980 has been repealed by Superior Court’s (Court Dress and
Mode of Address) Order (Repeal) Act, 2020.
It was pointed out that the words ‘My Lord’ or ‘Your Lordship’ are
reminiscent of the monarchial institution which was the integral part of the
constitutional setup with which this country had been affiliated before
partition. But after the establishment of independent Pakistan the
continuance of this mode seems out of date and a part of history. In all
republican polities the Judges of the Superior Courts are not addressed as
‘My Lord’ or ‘Your Lordship’ and the practice in the United States is in line with
mode of address which has been suggested by the Bar Council. 16
The Pakistan Bar Council also reiterated its resolution of 1974 whereby it
was decided that the mode of address as ‘My Lord’ be done away with and
instead the Judges of the Superior Courts be addressed as ‘Sir’ or ‘Jannab’.17
Quite recently Mr. Justice Qazi Faez Isa of the Supreme Court of Pakistan,
in Shaukat Ali Vs. State Life Insurance of Pakistan through its Chairman and
another [approved for reporting but not yet reported] while passing an Order
on 02.03.2023 in Civil Petition No.1743 of 2020 has observed that:
“4. During the hearing the learned counsel for the petitioner repeatedly
referred to the Supreme Court as the ‘Honourable Supreme Court’ and in
his petition referred to this Court as the ‘Honourable Court’. We enquired
from him whether the Supreme Court or the High Court can be honourable
and he drew our attention to the cited judgment of the Lahore High Court
wherein the learned Judge used the honorific Hon’ble. It transpired that the
learned Judge used the honorific Hon’ble as a prefix twelve times when
referring to the Supreme Court and four times when referring to a Divisiion
Bench of the High Court, that is, a total of sixteen times.
5. A practice seems to have developed among lawyers and judges of using

the honorific honourable/hon’ble and learned when referring to the
Supreme Court and the High Courts. At times. The Supreme court is also
referred to as ‘August Court’ or ‘Apex Court’. However, such honorifics or
prefixes are not used with other institutions such as Parliament, Senate,
National Assembly or the provincial assemblies, which naturally leads one
to question the distinction.
6. The Constitution of the Islamic Republic of Pakistan (“the Constitution”)

refers to this Court as the Supreme Court and to the High Courts as High
Courts. The Constitution as does not use any prefix or honorific before these
courts nor uses the terms August or Apex for the Supreme Court. it serves us
16 Ibid.
17 Pakistan Bar Council Journal’ Chief Editor: Iqbal Ahmad Khan Advocate.
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Chapter 2
best when we use the language of the Constitution with regard to
institutions mentioned therein. Those whose vocation requires proper use of
language should strive for accuracy, and for advocates and judges the
preference should be to use the language of the Constitution.
7. In the birthplace of the English language, the Supreme Court and High
Courts are neither referred to as honourable or learned. The British
parliament, which is referred to as the mother of parliaments, is also not
referred to as honourabel. However, members of the British Parliaments are
referred to as Right honourabe. Usage of the honorific ‘honourable’ with
inanimate institutions, like courts, is linguistically inappropriate.
8. The reason for the learned counsel to add the honorific honourable
before mentioning this Court was probably to show deference. The former
Chief Justice of an Indian High Court [Yatindra Singh, C.J] has this to say
about such use:
“To some extent, judges are responsible for this incorrect usage. I cannot
say when or by whom this practice was started but it appears that at some
point in time someone mistakenly used it and then blindly followed, and
judgments began using it. Lawyers, the media, and other Indian writings
followed suit and adopted it as a fashion – perhaps they sought to
unnecessarilty glorify or feared offending the judges.”
[https://theleaflet.in/is-it-a-judge-who-is-honble-or-a-court/(accessed on 2
March 2023)]
9. That English is not the mother tongue of most Pakistanis, including ours.
Therefore, mistakes do occur in its usage. Accordingly, we consulted
dictionaries to ascertain when the honorific honourable (in American
English the letter ‘u’ is dropped) is used, and the following are some of the
definitions:
‘honourable (U.S. honorable).

1. Bringing or worthy of honour.
2. (Honourable) a title given to certain high officials, the children of some
ranks of the nobility, and MPs.’[Oxford English Dictionary (Eleventh Edition),
p.684.
‘Honorable. A title of respect given to judges, members of the U.S.

Congress, ambassadors, and the like’ [Black’s Law Dictionary (Seventh
Edition), p.741.]
‘Honorable. Primarily, commendable, estimable, illustrious, meritorious,

noble, respectable in quality, up to the standard of respectability, worthy
of honor. Derivatively, it is used in this country as a title of courtesy for various
classes of officials, but without any clear line fo distinction; [Corpus Juris
Secundum 41, Volume XLI, p.41.]
Honourabel or (US) honorable.

1. Deserving or worthy of honour.
2. Having high moral principles.
3. (Honourable) a prefix to the names of certain people as a courtesy title.
[Chambers 21st Century Dictionary, p.646.]
‘Honorable Adjective
Hon’or’able
1: deserving of respect or high regard: deserving of honor
An honorable profession
2a: of great renown:
The colleg’s long and honourable history
96
Chapter 2
B: entitled to honor or respect – used as a title for the children of certain
British noblemen and for various government officials
The Honorable Judge Smith
The Honorable Senator from California
3: performed or accompanied with marks of honor or respect
4a: attesting to creditable conduct
Honorable wounds
B: consistent with a reputation that is not tarnished or sullied
An honorable withdrawal
Received an honorable discharge from the army
5: characterized by integrity: guided by a keen sense of duty and ethical
conduct
Brutus is an honorable man – Williame Shakespeare
Assured her that his intentions were honourable.’[https://www.merriam-
webster.com/dictionary/honorable (accessed on 2 March 2023)]
Therefore, our understanding that honourable (or honorable) is not to be

used as an honorific or prefix with inanimate objects and institutions,
including all courts, stands confirmed.
10. Judges may be referred to as honourable (or the abbreviated hon’ble)

or learned. Any use of language that is respectful and concise is sufficient.
However, it is irksome when these honorifics and Sir are used profusely;
which we have invariably found to serve as a substitute for meaningful
arguments.
11. We expect litigants, counsel and judges to adhere to the aforesaid

observations to ensure clarity, brevity and to avoid the perception of being
obsequious.”
2.1.15- Placing correct law before the Court/Authority:
I refer to a part of the judgment given by Mr. Justice S, Ahmed Sarwana of

Karachi High Court.18 This decision is almost verbatim reproduced below:
“Let us now examine what the Islamic Law say about placing the correct
law before the adjudicator to enable him to decide the issue in
accordance with the law and how different cultures and societies monitor
the conduct of the legal profession. In this context Maududi in his Tafseer
relating to Surah Al-Maidah, Ayat 42-43, has referred to the following
historical event from the life of the Holy Prophet (PBUH)19:
It refers to a case of illicit relation between a man and a woman who

belonged to respectable families of Jews of Khaiber. According to the
Torah20 their punishment was that both of them should be stoned to death.
As the Jews did not want to inflict this punishment, they decided that the
case be taken to the Holy Prophet and that they would accept his decision
only if it was brought before him. The Holy Prophet (PBUH) decreed that
they should be stoned to death, but the Jews rejected it. Then the Holy
Prophet asked them what the punishment was according to Torah. They
replied that it was to flog the culprits, to blacken their faces, and to mount
them on donkey. The Holy Prophet asked them to declare on oath whether
that was the punishment for adultery committed by a married couple. They,
18 Muhammad Saddiq vs Ruqaya Khanum reported as PLD KAR 81

19 Abdullah Yousaf Ali, The Meaning Of Quran, VolII, page 45
20 Deuteronomy. 22:23-24.
97
Chapter 2
all but one answered that it was so. The one who had kept quite was Ibn-
e-Surya, who was considered to be the greatest scholar of Torah by Jews
themselves. The Holy Prophet pointedly addressed him and asked. ‘I want
you to swear by that God who saved you from the Pharoah and gave your
Law on Tur, and answer whether it is the same punishment for adultery in
Torah that these people tell.’ He said that ‘the punishment for adultery is
stoning to death. The fact is that when adultery became common among
us, the judges would let the offenders go, if they happened to be big
people. But as this differentiation caused a great discontent among the
people, we made a change in the law that instead of stoning to death the
culprit should be flogged and mounted on the donkey with blackened
face’. After this, the culprits were stoned to death.”
Thus, it is apparent that it is the duty of a person not to conceal but to

place the correct law before the authority.
According to another judgment of Justice S. Ahmad Sarwana, an

advocate is concerned in proper administration of justice and owes an
overriding duty to the court, to the standards of his profession and to the
public to ensure that these are achieved. Counsel must not mislead the
court. Any attempt of counsel to argue a point of law which was already
been rejected by the Supreme Court, would amount to the concealment of
facts and law and by so doing he would allow himself to be “used as an
advocate by those who betray their trust” which was also prohibited by the
injunctions of Islam.21
American Bar Association in Rule 3.3 of ‘ABA Model rules of professional

conduct’ says that if a lawyer has offered material evidence and comes to
know of its falsity, the lawyer shall take reasonable remedial measures.
Fundamental to a lawyer’s role as an officer of the court is the duty to

disclose adverse authority or to describe that duty more precisely to the legal
authority and not to be disclosed by opposing counsel.
Rule 3.3 of ABA Model Rules says, ‘A Lawyer is not required to make a
disinterested exposition of the law, but must recognize the existence of
pertinent legal authorities.’ 22
The English law relating to the conduct of counsel in court is similar.

Halsbury’s Laws of England states that: “Counsel is concerned in the proper
administration of justice and owes an overriding duty to the court, to the
standards of his profession, and to the public, to ensure that it is achieved.
Thus counsel must not mislead the court.”23
Rule 161 from the Ethics and Canons of Advocacy mentioned in the
Legal Practitioners and Bar Councils Rules 1976 speaks as follows:
21 2001 YLR 1843 (b)

22 Joanne Pitulla, Playing Ostrich, Aba Journal (August, 1993)
23 Halsbury’s Laws Of England, 4th Edn, Vol 3(1), Para 415
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Chapter 2
“161-An Advocate shall not intentionally misquote to a judge, judicial

officer or jury the testimony of a witness, the argument of the opposing
advocate or the contents of a document; nor shall he intentionally
misquote to a judge or judicial officer the language of a book, state or
decision; nor shall he, with knowledge of its invalidity and without disclosing
such knowledge, cite as authority a decision that has been overruled or a
statute that has been repealed or declared unconstitutional.”
2.1.15.1. How to check that a certain Precedent is Reversed, Overruled,

Dissented or not?
It is the most important aspect in a legal research. It is always considered as

a bad omen if you place a Judgment as Precedent before a Court, which
has already been overruled, varied or set aside and the Court knowing this
fact prompts you immediately.
Once, I was arguing before a Court when the opponent lawyer

presented a judgment of Jj.Ch. Ijaz Ahmed and Hamid Ali Mirza, Rehmatullah
and Others Vs. Saleh Khan and Others, 2007 SCMR 729 as Precedent in the
Court. When I saw that judgment, I immediately objected and informed the
Court that this Judgment can no longer be considered as a Precedent,
because, it had been set aside in a Review Petition No.19 of 2007 (in C.P.
No.1081 of 2006) titled ‘Rehmatullah son of late Sarwar Khan etc. Vs. Saleh
Khan son of Manzar Khan and Others’, decided on 02.12.2008 by Jj.Sardar
Muhammad Raza Khan and Mian Hamid Farooq of the Supreme Court of
Pakistan. The actual catch here was that the Judgment of Supreme Court
whereby the previously reported Judgment was reviewed was not reported
in the Law Reports. As I had myself assisted my seniors at Islamabad Mr.
Justice (R) Abdul Karim Khan Kundi Advocate Supreme Court in that Civil
Petition (C.P), which was reported as 2007 SCMR 729 and had also drafted
the Review Petition No.19 of 2007 (in C.P. No.1081 of 2006), therefore, I had
the knowledge about these Judgments. Therefore, I correctly assisted the
Court. However, majority of the lawyers do not have enough time to do
extensive research about the judgments, which had overruled, reversed and
dissented from the original judgment.
The Annual Law Digest (ALD) provides a table of cases, which are either
overruled, reversed or dissented from in the following manner: 24
24 “Part-1, Table of Cases, Reversed, Overruled and dissented from”, Annual Law Digest, 2013,
Part 1, PLD, Publishers, Lahore.

99
Chapter 2
Part – I
Table of Cases
Reversed, Overruled And Dissented From
Bashir Ahmad Khan v. Custodian Evacuee Overruled in 2013 CLC 910(a)

Property Azad Jammu and Kashmir,
Muzafarabad and 2 others, PLD 1987 (AJ&K)
118
2008 SCR 277 Overruled in 2013 MLD 305
Altaf Hussain v. Abdul Hameed alias Abdul Dissented from in 2013 SCMR 23
Majeed through Legal Heirs and another, 2000
SCMR 314
Table No.4: Table of Cases Reversed, Overrules and Dissented from.____
Therefore, every lawyer before placing any judgment as Precedent

before the Court should also search from that list provided by the ALD.
2.1.16- High Court Rules and Orders regarding Arguments:
:WORKING OF A JUDGE WORKING OF MINISTERIAL

ESTABLISHMENT
1. On completion of evidence, the 1- During arguments it is the

Court shall fix a date, not exceeding responsibility of the Ministerial
fifteen days, for hearing of arguments Establishment, most particularly of
of parties, and the trial shall be over the Reader and Qasid/Naib-Qasid
after such hearing.25 of the Court to check and observe
the activities of the litigating parties,
2. When the party having the right to so that they could not interfere in the
begin has stated his case and the official responsibilities of the Presiding
witnesses adduced by him have Officer of the Court (Judge).
been examined, cross-examined and
re-examined, and all the documents 2- It is the responsibility of Reader of the
tendered by him have been either Court to assist the Judge during
received in evidence or refused, it Arguments.
then devolves upon each of the
opposing parties, who have distinct
cases, to state their respective cases
in succession, should they desire to do
so. After all of them have done so, or
have declined to exercise the right,
the evidence, whether oral or
documentary, adduced by each in
order, should be dealt with precisely
as in the case of the first party; and on
its termination and after they have, if
they so desire, addressed the court
25 Lahore High Court Rules and Orders, Vol.-I, Chapter 11, Part A, Rule 1
100
Chapter 2
generally on the whole case the first
party should be allowed to comment
in reply upon his opponents
evidence.26
3. The provisions of Order 18, Rule 2 and

3 should be strictly followed. The
practice prevailing in some courts of
hearing three speeches in every case
after the close of evidence of both
the parties, first by Plaintiff, then by
Defendant and then a reply by
Plaintiff is irregular.27
4. The practice of adjourning of a case

for arguments after all the evidence
has been given should, as a rule, not
to be followed except in long and
complicated cases. But this
observation does not extend to an
adjournment, when reasonably
necessary, for a reply on the whole
case by the party who is entitled to
such reply nor to an adjournment for
argument on a question of law which
may have arisen during the trial and
may have been, for convenience
sake, reserved for argument until after
the taking of the evidence.
Whenever a case has to be
adjourned for arguments it should be
adjourned to the next day, or, if this is
not possible, to a very near date.28
5. All orders made by the Court relative

to change of parties, or
adjournments, or bearing upon the
course of the hearing of the suit other
than depositions, orders deciding any
issue and the final judgment, and
notes of all material facts and
occurrences which may have
happened during the hearing of the
suit, such as the presence of
witnesses, etc., must be carefully
recorded from time to time, by the
Presiding Officer in his own
handwriting and be dated and
appended to the record. Each
“order”, or “note” should be clearly
marked as such.29
26 Ibid., Chapter 1, Part H, Rule 10

27 Lahore High Court Rules and Orders, Vol-I, Chapter 1, Part H, Rule 10
28 Ibid., Part H, Rule 16
29 Lahore High Court, Rules and Orders, Volume I, Chapter 1, Part H, Rule 18
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Chapter 2
2.1.17- How to conclude the Arguments:
A Court always waits for your conclusive remarks. It is generally observed that
during lengthy arguments, the Presiding Officer of the Court is more attentive
at the beginning and end of your arguments. Therefore, while beginning one
should strike with his strongest point of argument and at the end one must
finish with the same strongest argument. Your opening statement must tally
with your conclusive remarks.
Your confidence in words and yourself, softness of attitude, your body

language and your behavior towards the Judge are always counted at the
conclusion of your arguments. Sometimes, a lawyer wins his case just by his
conclusive statements.
Sandra Day O’Connor said:
“The power I exert on Court depends on my arguments, not on my

gender.”30
And Lyndon B. Johnson said:
“What convinces is conviction. Believe in the argument you are advancing.

If you do not, you are as good as dead. The other person will sense that
something is not there, and no chain of reasoning, no matter how logical or
elegant or brilliant, will win your case for you.”31
2.1.18- The Written Arguments:
I use the following style of Written Arguments, however, you are free to
choose your own style:
IN THE COURT OF ------------------, CIVIL JUDGE, JHELUM

In Re.:
“A” AND OTHERS Vs “B” AND OTHERS
SUIT FOR SEPCIFIC PERFORMANCE OF CONTRACT
WRITTEN ARGUMENTS ON BEHALF OF PLAINTIFF
The Plaintiff respectfully submits his arguments, which are as below:
OPENING STATEMENT:
30 https://www.brainyquote.com/quotes/sandra_day_oconnor_372203?src=t_argument (last
visited on 30.03.2020 at 5:41 pm)

31 https://www.brainyquote.com/quotes/lyndon_b_johnson_130656?src=t_argument (last
visited on 30.03.2020 at 5:41 pm)

102
Chapter 2
1. THE DEFENDANTS:
[In this section, write the status of contesting, proforma, un-contesting,

defendants who are proceeded ex-parte and as per your case file.]
2. BRIEF DESCRIPTION OF SUIT PROPERTY/AGREEMENT:
3. JIST OF PLEADINGS:
AVERMENTS IN PLAINT DENIAL IN WRITTEN STATEMENT

1.-------------------------------------------------- 1. -------------------------------------------------
2.-------------------------------------------------- 2. ------------------------------------------------,
3.-------------------------------------------------- 3. ------------------------------------------------
4.
4. ISSUES:
1. Whether ------------? OPP

2. Whether ------------? OPP
3. Whether ------------? OPD.
4. Relief.
5. EVIDENCE OF PLAINTIFF:
PLAINTIFF’S ORAL EVIDENCE DEFENDANT’S ORAL EVIDENCE

PW-1: [ABC] Manager [-----] Bank. DW-1: [PQR]
PW-2: [DEF] Stamp Vendor, DW-2: [STU]
PW-3: [father] DW-3: [VW],
PW-4: [JKL]
PW-5: [MNO]
PW-6: [Plaintiff]
6. DOCUMENTARY EVIDENCE:
PLAINTIFF’S DOCUMENTARY DEFENDANT’S DOCUMENTARY

EVIDENCE EVIDENCE
Ex.P-1: ------------------------------------------ Ex.D-1: -----------------------------------------
Ex.P-2: ------------------------------------------ Ex.D-2: -----------------------------------------
Ex.P-3: ------------------------------------------ Ex.D-3: -----------------------------------------
Ex.P-4: ------------------------------------------ Ex.D-4: -----------------------------------------
Ex.P-5: ------------------------------------------ Ex.D-5: -----------------------------------------
7. BRIEF ARGUMENTS:
1. [Write down the strongest argument first and then arrange the arguments
accordingly. Give reference and mention the relevant case law wherever
required to further support your arguments.]
2. ---------------------------------------------------------------.
3. ----------------------------------------------------------------.
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Chapter 2
8. CITATIONS PRESENTED BY THE PLAINTIFF:
(A)- ALLEGATION ON BEHALF OF DEFENDANT ABOUT AGREEMENT AND

SIGNATURES THEREON BEING
Per Mr. Jj Mazhar Alam Khan Miankhel & Munib Akhtar, Sajjad Ahmad
Khan Vs. Muhammad Saleem Alvi, 2021 SCMR 415
“S.54—Agreement to Sell immovable Property --- Allegation of agreement

and signatures on them being fake – Proof—Defendant – Vendor had
alleged that agreement and his signatures over the same were fake and
fictitious but had not specifically challenged the agreement in question
either by way of criminal proceedings or through a Civil Suit – Simple denial
of a document being fake and fictitious was not legally sufficient unless
the same facts were proved and established on the record.--”
(B)- TIME IS THE ESSENCE OF THE CONTRACT:
Per Mr. Jj. Mushir Alam, Mazhar Alam Miankhel and Yahya Afridi, Mst.
Samina Rifat and Others Vs. Rohail Asgahr and Others, 2021 SCMR 7
“—S.55—Transfer of Property Act (IV of 1882), S.54 – Agreement to sell

immovable property --- Time essence of the contract --- Scope ---
Generally, in respect of sale of immovable property, time was not
considered as of the essence of the contract --- However, parties may
consciously strike a deal to make time essence of the contract by
providing certain consequences for breach of reciprocal obligation
casted upon them, and in such cases, time was treated as essence of the
contract.”
(C)- MATERIAL POINT OF STATEMENT OF A WITNESS NOT CROSS EXAMINED:
Per Mr. JJ Ijaz ul Hassan, Qazi Muhammad Amin, and Amin ud Din Khan,
(Muhammad, Rafiq and another Vs. Abdul Aziz, 2021 SCMR 1805
“---Art.133 --- Material point of statement of a witness not cross examined

--- Effect --- Such point would be deemed to have been admitted by the
other side.”
(D)- RIVAL VENDEES:
Per Mr. Jj Mushir Alam and Qazi Muhammad Amin Ahmad Mst. Rehmat
and Others Vs. Mst. Zubaida and Others, 2021 SCMR 1534(b)
“---Rival Vendees – Superior right – Right of a person having established

that they were equipped with unregistered instrument, which was prior in
time, and were in possession of property in part performance of such
instrument, would rank superior even against the subsequent registered
instrument --- Therefore, in the present case the position of respondent-
vendee being in possession of the suit house, and having paid 80% of the
vendor, was much stronger than that of the rival vendee; more
particularly the possession of respondent-vendee was specifically
admitted ”
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Chapter 2
(E)- ADMITTED FACTS NEED NOT BE PROVED:
Per Mr. Jj. Mushir Alam and Qazi Muhammad Amin Ahmad, Mst. Rehmat
and Others Vs. Mst. Zubaida and Others, 2021 SCMR 1534(a)
“—Art. 30 --- Admitted facts --- Such facts need not be proved.”
8- CONCLUSION:
[Conclude your arguments, in the best possible way and as I had advised you in the
above pages.]
Plaintiff
----------------,
Through Counsel,
[Name of Advocate]
Advocate [-----]
2.1.19- The Concise Statement:
The following style of Concise Statement is used in the Supreme Court of Pakistan:
IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)
C.P.L.A. No._______/_______
---------------- Vs. ------------------
CONCISE STATEMENT
I. Subject Matter Civil Petition for Leave to Appeal against the

impugned judgment dated [------] passed by
the hon’ble [------] High Court, [----] in [---------
].
II. Law The Constitution of the Islamic Republic of
Pakistan, 1973 as well as land laws and CPC
are applicable.
III. Who filed this Petition? [--Name of Petitioners--] before Honourable
High Court.
a) Date of Filing
IV Court b) Date of Who filed it and with what result?
Decision
a).[Date of filing
Suit]
[Write very concise jist of Pleadings]
Civil Judge, [------].
b).[Date of
[Write what the Civil Judge decided in a very
decision of Civil
short manner.]
Judge]
105
Chapter 2
a) [Date of filing
District Judge, Appeal/Revision] [Write that jist of your Appeal and the jist of
[----] b) [Date of Appellate decision]
decision]
a).[Date of
[----] High Court, [- filing] [Write that jist of your Appeal and the jist of
--] Bench b).[Date of decision of High Court]
decision]
Points noted in the Impugned Treatment of the points in the Impugned

V.
Judgment Judgment
i. Whether the impugned judgment of [Write in very short words how this point
the hon’ble High Court is against the should have been treated by the High court]
facts on record and law on the subject [Write in very short words how this point
ii. and, hence, liable to be set aside? should have been treated by the High court]
Whether the impugned judgment --?
Whether -------? [Write in very short words how this point
iii. Whether -------? should have been treated by the High court]
iv. [Write in very short words how this point
should have been treated by the High court]
VI Case Law to be cited at the bar.
For Against
Certified that I myself prepared this concise statement which is correct.

Name and Signs of Advocate On Record
2.2- Research by Law Librarians:
Most of the time the lawyers have no time to do the legal research or search
the Citations themselves. In such a situation, they seek the help of their
librarian, whether, he is of their Bar Association’s library or of their own law
firm. Let us explore further how a librarian can support your research?
The Pepperdine Libraries of the Pepperdine University has provided the

following seven steps of the research life cycle:
“1. Research Planning,

2. Finding Resources,
3. Evaluating and Citing Resources,
4. Developing a Publishing Strategy,
5. Promoting Published Works,
6. Measuring your impact,
7. Showing your impact.”32
Our focus here is not on the role of librarians in academic research, rather
it is on the legal research. The librarians, whether they are in a law firm or in
any other library have always been very helpful in conducting the legal
research. Even many Judges rely on the research conducted by these
librarians. These librarians also provide legal research trainings. Steve Mishkin
32 Pepperdine University, Pepperdine Libraries, “The Seven Steps of the Research Life Cycle”,
accessed June 29, 2023, https://library.pepperdine.edu/help-with/research/research-life-cycle.ht

106
Chapter 2
has also examined this topic in depth and has also suggested that “the
quality of legal research training will be improved if law librarians themselves
are provided with training, on how to deliver it most effectively.”33
In my observation, there are mainly following types of libraries available

to the lawyers in Pakistan:
1. Personal Law Office’s libraries,

2. Law Firm’s Libraries,
3. Bar Association’s Libraries,
4. Judges Libraries in High Courts and Supreme Court,
5. Other Libraries including Local, National, Law College and University’s
Libraries.
6. Online and Digital Libraries.
2.2.1- Personal Law Office’s libraries:
Every lawyer is supposed to have his own Law Reports/Law Journals. The
focus of a Civil Lawyer is always on those Law Reports/Law Journals, which
provide a lot of Citations on Civil Laws and you will find a few books on
Criminal Law and Other topics. Similarly, it is vice-versa. Very few lawyers get
all types of monthly Law Reports/Law Journals per month. They have their
own choices. Off course, it involves a lot of expense per month. However, the
more books you have in your personal library, the more comfort you will feel
in finding the suitable Citations and the law on the topic. However, it is your
own option whether you start searching the Citations through Annual Law
Digest (ALD) or through Pakistan Law Site or any other digital platform. Very
few lawyers can afford their own personal librarian for such a job. In majority
of the situations, they are doing it themselves, through their Munshi/Clerks or
through their Associates. The scope of such a research is limited.
2.2.2- Law Firm’s Libraries:
Many law firms have diversified libraries. Most of the law firms are designed in
such a way that their libraries are also their meeting rooms. Therefore, the
more and diversified books and Law Reports/Law Journals you have in your
law firm’s library, the more will be its impact on the Clients and the lawyers in
that law firm. Since their clientage may be diversified, therefore they have to
upgrade their libraries on regular basis. Most of the law firms have employed
a librarian for such a job, whose job, inter alia, includes the management of
such libraries. The seniors and their associates usually take the help of such
librarians in finding out the relevant books and Citations. And such librarians
do it speedily and at ease. The digital cataloguing system also helps them in
such a process. If you are too tired to find the sources for your legal research
yourself, you can leave it to your law firm’s librarian who can facilitate you in
33 Mishkin, Steve. “How Can Law Librarians Most Effectively Provide Legal Research
Training?” Legal Information Management 17, no. 1 (2017): 34–68. doi:10.1017/S1472669617000111.

107
Chapter 2
finding and bringing the resources to you. He is not supposed to do the rest
of the legal research. However, he can facilitate you.
2.2.3- Bar Association’s Libraries:
The libraries operated and managed by Bar Associations are supposed to

equip all types of law books, Law Reports and Law Journals. However, I have
observed that most of such libraries are not equipped with all the law books,
Law Reports and Law Journals. And in most of the cases, it is because the Bar
Association lacks financial sources and in some cases, the interests of cabinet
and lawyers as well. Most of the times they are dependent upon the
donations, whether in cash, or in kind of some respectable.
However, these libraries are diversified. Most of the Bar Associations have
allocated a separate room for library. Lawyers can, read and draw the
books. Since, they are copied multiple times, therefore they need regular
binding and proper management. In most of such libraries the computers,
printers and digital solutions are also provided. Sometimes, free, sometimes
on cash. Usually the librarian of the Bar Association’s library is well versed and
well equipped. You command him and he will bring the books for you
instantly. However, the use of such libraries is confined to a short span of time.
And in majority of the situations, and due to heavy workload and huge
strength of lawyers, there is a race against time. And if the books are already
drawn and if you are unable to find the relevant resource or Citation through
internet, you have to revert to your own personal library. And if, that is also
not possible, then you are helpless during your court hours.
2.2.4- Judges Libraries in High Courts and Supreme Court:
The Supreme Court of Pakistan has provided a specific library to the Judges
known as the “Judge’s Library”. This library is usually not for lawyers or
anybody else. It is used for reference and research by the Judges. It provides
extensive research material for the Judges. It provides extensive material of
research both on primary and secondary sources of legal research. It has
subscribed to many digital databases across the world. It is situated in
Judge’s Block. It consists of three halls including staff offices and study rooms
for the honorable Judges. The foreign law reports and research journals are
placed in hall number one. The local law reports are placed in hall number
two and the text and reference books are placed in hall number three. It has
huge number of books including All India Reports (AIR), England Law Reports,
Halsbury’s Laws of England, Encyclopedias, Maps, Dictionaries and much
more. It has huge number of Staff including Librarians, Assistant Librarians and
other Officials who assist the Judges by providing the reference services in
Court and in Judge’s Chambers. 34
34 “The Judge’s Library’, Supreme Court of Pakistan, Annual Report April, 2010 - December
2011, accessed June 29, 2023,

http://www.scp.gov.pk/files/Misc/Annual_Rpt/Judges%20Library.pdf
108
Chapter 2
Image No.5: Judge’s Library of Supreme Court Image No.6: Judge’s Library of Supreme Court
of Pakistan. “The Judge’s Library’, Supreme of Pakistan. “The Judge’s Library’, Supreme
Court of Pakistan, Annual Report April, 2010 - Court of Pakistan, Annual Report April, 2010 -
December 2011, accessed June 29, 2023, December 2011, accessed June 29, 2023,
http://www.scp.gov.pk/files/Misc/Annual_Rpt http://www.scp.gov.pk/files/Misc/Annual_Rp
/Judges%20Library.pdf t/Judges%20Library.pdf
Similarly, the High Courts also provide separate libraries for honorable
Judges of the High Courts for same purposes. They are also well equipped.
However, not accessible to lawyers in general.
2.3- Research by Paralegals:
As I have mentioned before in Chapter 1 at section 1.8, the Paralegals should

not be confused with Clerks or the term munshi. Rather, they are actually well
trained and well versed persons who are hired to work as Legal Secretaries,
Legal Associates or Paralegals of lawyers and law firms.
American Bar Association (ABA) defines ‘Paralegal’ as:35
“A person qualified by education, training or work experience who is

employed or trained by a lawyer, law office, corporation, governmental
agency or other entity and who performs specifically delegated
substantive legal work for which a lawyer is responsible.”36
The term Paralegal should not be confused with the term ‘Community
Paralegals’. The function of Paralegals working under the supervision of a
lawyer or an attorney is different from that of ‘Community Paralegals’. The
‘Community Paralegals’ directly work and serve for their community at grass
root level. That is why they are also known as ‘grassroots legal advocates.’37
According to Haya Emaan Zahid and Shahzaman Panhawar:38
35 “Paralegals and Legal Assistants”, accessed June 07th, 2020,

https://www.paralegaledu.org/
36 “Current ABA Definition of Paralegal”, American Bar Association (ABA), accessed
09.06.2020, https://www.americanbar.org/groups/paralegals/profession-
information/current_aba_definition_of_legal_assistant_paralegal/
37 “What is Community Paralegal?”, NAMATI, Innovations in Legal Empowerment, accessed
07.06.2020, https://namati.org/wp-content/uploads/2015/02/What-is-a-Community-Paralegal.pdf
38 Haya Emaan Zahid and Shahzaman Panhawar, “Pakistan’s Prison Paralegal Program”,
Human Rights Education in Asia-Pacific, Volume 9, 2019, p.98

109
Chapter 2
“[A] Paralegal is a person who is trained on substantive knowledge of legal

matters but is not qualified as a lawyer.”
There is another kind of Paralegal known as “Prison Paralegals”:
““[P]rison” paralegal is a prison inmate who is trained on knowledge of

basic laws including criminal law, prison rules, fundamental rights, criminal
trial process, as well as other relevant civil laws such as property law and
family law. What this paralegal can do is provide information instead of
rendering legal advice. All Prison Paralegals are volunteers who take up the
role because of various motivations most of which stem from an internal
need to find satisfaction. Prison Paralegals are convicts and have
experienced the frustration of being a new arrival in prison with little
knowledge of laws and procedures and limited options of navigating
through the system effectively.”39
A Paralegal can do the following tasks:
a. Prepare the legal documents;

b. Receive and conduct initial Client Interviews;
c. Perform administrative duties in a Law Office or a Law Firm;
d. Do the required research;
e. Assist a Lawyer doing Court proceedings;
f. Manage the office record.
g. And many other jobs to support a Lawyer.
2.3.1. American Bar Association (ABA) Guidelines for Utilization of Paralegal

Services:
ABA has a Standing Committee on Paralegals and Approval Commission.

Many prominent lawyers are the members of this Committee and the
Approval Commission.40 ABA has issued guidelines for utilization of Paralegal
services for attorneys (“ABA Guidelines on Paralegals”), which provide
guidelines mentioning ‘do’ and ‘don’ts’ with respect to Paralegals. They are
the ethical considerations that a lawyer has to follow while dealing with a
Paralegal.41 The main focus of these guidelines is to define the limits of
relationship of a lawyer and his Paralegal.
The ABA Guidelines on Paralegals provide the following ten guiding

principles for lawyers/attorneys to follow while dealing with their Paralegals:
https://www.hurights.or.jp/archives/asia-pacific/section1/hreap_v9_sectoral_education5.pdf
(accessed 18.03.2023)
39 ibid.
40 “Leadership and Staff”, Standing Committee on Paralegals and Approval Commission”,
American Bar Association, https://www.americanbar.org/groups/paralegals/about_us/ (accessed

July 29, 2023)
41 “ABA Model Guidelines for the Utilization of Paralegal Services”, American Bar Association
Standing Committee on Paralegals, accessed 07.06.2020,

https://www.americanbar.org/content/dam/aba/administrative/paralegals/ls_prlgs_modelguidel
ines.pdf
110
Chapter 2
1. “Guideline 1: A lawyer is responsible for all of the professional actions of

a paralegal performing services at the lawyer’s direction and should take
reasonable measures to ensure that the paralegal’s conduct is consistent
with the lawyer’s obligations under the rules of professional conduct of
the jurisdiction in which the lawyer practices.”42
2. “Guideline 2: Provided the lawyer maintains responsibility for the work

product, a lawyer may delegate to a paralegal any task normally
performed by the lawyer except those tasks proscribed to a nonlawyer
by statute, court rule, administrative rule or regulation, controlling
authority, the applicable rule of professional conduct of the jurisdiction
in which the lawyer practices, or these Guidelines.”43
3. “Guideline 3: A lawyer may not delegate to a paralegal: (a)

Responsibility for establishing an attorney‐client relationship. (b)
Responsibility for establishing the amount of a fee to be charged for a
legal service. (c) Responsibility for a legal opinion rendered to a client.”44
4. “Guideline 4: A lawyer is responsible for taking reasonable measures to

ensure that clients, courts, and other lawyers are aware that a paralegal,
whose services are utilized by the lawyer in performing legal services, is
not licensed to practice law.”45
5. “Guideline 5: A lawyer may identify paralegals by name and title on the

lawyer’s letterhead and on business cards identifying the lawyer’s firm.”46
6. “Guideline 6: A lawyer is responsible for taking reasonable measures to

ensure that all client confidences are preserved by a paralegal.”47
7. “Guideline 7: A lawyer should take reasonable measures to prevent

conflicts of interest resulting from a paralegal’s other employment or
interests.”48
8. “Guideline 8: A lawyer may include a charge for the work performed by

a paralegal in setting a charge and/or billing for legal services.”49
9. “Guideline 9: A lawyer may not split legal fees with a paralegal nor pay
a paralegal for the referral of legal business. A lawyer may compensate
a paralegal based on the quantity and quality of the paralegal’s work
and the value of that work to a law practice, but the paralegal’s
compensation may not be contingent, by advance agreement, upon
the outcome of a particular case or class of cases.”50
42 Ibid., p.4
43 Ibid., p.5
44 Ibid., p.9
45 Ibid., p.10
46 Ibid., p.11
47 Ibid., p.12
48 Ibid., p.14
49 Ibid., p.17
50 Ibid., p.18
111
Chapter 2
10. “Guideline 10: A lawyer who employs a paralegal should facilitate the
paralegal’s participation in appropriate continuing education and pro
bono publico activities.”51
2.3.2- Training of Paralegals:
Paralegals are trained worldwide. The PITMAN training provides training

courses including Paralegal Diploma, Paralegal Award and eight individual
Paralegal courses.52 The ABA’s Standing Committee on Paralegals and
Approval Commission also approves a number of institutions which provide
training for Paralegals and provides directory of approved Paralegal
education programs.53
2.3.3. Client Reception and Initial Interview:
In addition to receptionist and clerk, an educated Paralegal is also helpful in

‘Client Reception’ and ‘Initial Client Interviews’. The reception of prospective
client through some receptionist, through your clerk or through your Paralegal
is very important. During this receiving session, his personal details should be
asked by the receptionist and should be entered in an initial database. It is
the duty of the receptionist or data entry operator to follow the due diligence
procedures that you devise for your law office. He should also check the
conflict of interest. The lawyers, who do not have an organized data base or
system of identification of their past and present clients often fall in extreme
embarrassing situation when they engage in professional relationship with a
person who is or had been his client’s opponent. This sudden embarrassing
encounter may result in frustration of their relationship. It is proper that every
lawyer should develop an organized and sophisticated system or data base,
wherefrom he could easily, during his first meeting, and before exchanging
the privileged communication, make an identity check. And if he finds a
conflict of interest, the lawyer must inform about the same to the person
visiting his office and politely refuse the engagement as his lawyer or
consultant. Rule 146 of the Legal Practitioners and Bar Councils Rules, 1976
should be strictly followed and the lawyers in Pakistan should develop
sophisticated systems to avoid the conflict of interests and also to comply
with this rule.
In many organized countries, we find much sophisticated developed

systems, laws, policies and ethical codes of conduct for ‘Client Identification
and Verification’. The Law Society of British Columbia has provided client
identification and verification procedure and has also provided the ‘Practice
Checklist Manual.’ This Manual, inter alia, provides the references to rules
51 Ibid., p.20
52 “New Paralegal Training Course Range Released 01/07/16”, PITMAN Training, accessed
07.06.2020, https://www.pitman-training.com/advice-hub/news/new-paralegal-training-course-
range-released/
53 “Directory of Approved Paralegal Education Programs”, American Bar Association,
https://www.americanbar.org/groups/paralegals/paralegal-resource-directory/ (accessed July

29, 2023)
112
Chapter 2
about client identification and verification, and risk assessment case

studies.’54
The receptionist, clerk or your Paralegal should note down your

prospective client’s full name, parentage, telephone number, e-mail,
complete present and permanent address and another person’s contact
details in case you are unable to contact him. Although it is a bit difficult,
however (depending upon the availability of time), a short inquiry about his
background, especially if he has a criminal background should also be
conducted. Rule 153 of the Punjab Legal Practitioners and Bar Councils Rules,
1976 does not bar from undertaking “the defense of a person accused of
crime, regardless of his personal opinion, as distinguished from knowledge as
to the guilt of the accused.” The supreme law of the country i.e., the
Constitution of 1973 also provide the fundamental right.
In Pakistan there are different web based and physical solutions for
performing these checks55 e.g., ‘Real Time KYC and AML Solutions for
Pakistan’, which provides:
a- Know Your Customer i.e., KYC-Identity Verification for ‘face

verification’, ‘document verification’, ‘address verification’, ‘2
factor authentication’, ‘face bio authentication’, ‘video KYC’;56
b- Know Your Business i.e., KYB about Corporate Verification to

identify the businesses across the world and to know the
supplier, creditor and partner;57
c- Know Your Investors i.e., KYI to verify the “investor while deterring
the risk of onboarding blacklisted entities---”58
d- Risk Assessment “through custom questionnaires and fraud

prevention data points”;59
e- Anti Money Laundering Screening AML – Anti Money

Laundering Solutions to “remove the risk of dirty money” and “to
comply with global regulations”;60
54 ‘Client Identification and Verification Procedure’, Law Society of British Columbia Checklists
Manual, accessed 22.09.2020,

https://www.lawsociety.bc.ca/Website/media/Shared/docs/practice/checklists/A-1.pdf
55 For instance, inter alia, “Real Time KYC & AML Solutions For Pakistan”, ShuftiPro, accessed
08.05.2020, https://shuftipro.com/pakistan There are many other organizations, which provide

verification for different banks and organizations.
56 “Know Your Customer”, https://shuftipro.com/identity-verification/ (accessed 20.04.2023)
57 “KYB – Know Your Business”, https://shuftipro.com/know-your-business/ (accessed
20.04.2023)
58 “KYI – Know Your Investors”, https://shuftipro.com/know-your-investors/ (accessed
20.04.2023)
59 “Risk Assessment”, https://shuftipro.com/risk-assessment/ (accessed 20.04.2023)
60 “AML – Anti Money Laundering Solutions”, https://shuftipro.com/aml/ (accessed 20.04.2023)
113
Chapter 2
f- Optical Character Recognition i.e., OCR for business for data

extraction from documents i.e., ‘handwritten documents’,
‘paper invoices’, ‘old business records (especially paper
based)’, ‘official paper based letters’, and ‘receipts’;61
g- Hosting Verifications i.e., “customized Hosted Verification Page

(HVP); 62 and
h- Near Field Communication i.e., NFC based verification.63
Recently the Punjab Police has also introduced a ‘Pehchan’

application, where you can enter the CNIC of an individual and know about
his Criminal Record, if it is maintained by the Police against his CNIC.
However, this application says that:64
“[t]he results provided in Pehchan app are based initially on CNIC of Punjab
Province. However the background records being provided are only to the
extent of CNIC. It is possible that record of a particular individual may exist
without CNIC for which Punjab Safe Cities Authority and Punjab Police takes
no responsibility or legal obligation what’s so ever. It is further
recommended that counter verification should be done from the
concerned Police station. This facility is only to the extent of initial
information regarding criminal record of an individual which could not be
claimed or consider any legal value for any purpose.”
The banks,65 certain organizations and Security Exchanges are already

performing different types of checks under different national and
international regulations.66 Certain laws of the land are also relevant.67
Similarly, certain laws, and certain recommendations like FATF
Recommendations and its guidance68, as applied in certain jurisdictions are
also relevant. But these recommendations have no binding effect upon the
Bar Councils and Bar Associations, which are governed by the Legal
Practitioners and Bar Councils Act, 1973 and its own subordinate legislations.
61 “Unstructured data OCR”, https://shuftipro.com/ocr-for-business/ (accessed 20.04.2023)

62 “Only for your business”, https://shuftipro.com/hosting-verification/ (accessed 20.04.2023)
63 “NFC Verification”, https://shuftipro.com/nfc-verification/ (accessed 20.04.2023)
64 “Pehchan Criminal Record Check”, Punjab Safe Cities Authority,
https://play.google.com/store/apps/details?id=org.psca.pechaanusers&hl=en&gl=US (accessed
20.04.2023)
65 “Anti Money Laundering and Combating the Financing of Terrorism (AML/CFT) Regulations
for Banks & DFIs", https://www.sbp.org.pk/l_frame/Revised-AML-CFT-Regulations.pdf

66 For instance: “Customer Due Diligence/Know Your Customer (CDD/KYC) Policy”, MRA
Securities Ltd, accessed 08.05.2020, https://mra.com.pk/downloads/KYC.pdf

67 For example Anti-Terrorism Laws; Laws and Rules about Proscribed Persons and
Organizations; Anti Money Laundering Laws.

68 “Financial Action Task Force (FATF) is an independent inter-governmental body, which
develops and promotes policies to protect global financial system against money laundering,
terrorist financing and the financing of proliferation of weapons of mass destruction.” FATF has
issued ‘guidance for a risk based approach for Legal Professionals on June 2019 for the
implementation of FATF Recommendations, which can be downloaded from the website of FATF
(see www.fatf-gafi.org/publications/fatfrecommendations/documents/rba-legal-
professionals.html and FATF (2019), Guidance for a Risk-Based Approach for Legal Professionals,
FATF, Paris, http://www.fatf-gafi.org/publications/documents/Guidance-RBA-legal-
professionals.htmls
114
Chapter 2
This Act and its subordinate legislations prescribe the obligations of

lawyers and inter alia, defines the conduct which amounts to violations of
statutory and ethical requirements and prescribes special procedures with
respect to disciplinary proceedings, etc. Needless to mention that an Act
passed by a National Assembly is always superior to any Recommendation
or Regulation. A Regulation may be in the form of a subordinate legislation
and has no overriding effect on an Act of Parliament, whereas, a
Recommendation is not a legislation. Recommendation, as the name
suggests may be in the form of a suggestion for the legislators to legislate. But,
by its own effect, it cannot bind the legislators to consider such
Recommendation binding upon them. Simply, they can opt other way out
as well.
So you can devise your own set of CDD/KYC procedures for your law
office or firm. Chapter XII on Ethics and Cannons of Advocacy as provided
in the Punjab Legal Practitioners and Bar Councils, Rules, 1976 provides the
following ethical provisions to follow in such like situations:
“146-An Advocate shall not accept employment adverse to a client or former

client, relating to a matter in reference to which he has obtained confidential
information by reason of or in the course of his employment by such client or
former client provided that an Advocate, who has not been formally
engaged by a person and accepted a retainer nor received any fees for
such engagement is not precluded from accepting employment adverse to
the interest of such person.”
“147-An Advocate shall not accept professional employment without first

disclosing his relation, if any, with the adverse party, and his interest, if any, in
the subject matter of such employment.”
“148-An Advocate shall not represent conflicting interests.”
“153-It is the right of an Advocate to undertake the defense of a person

accused of crime, regardless of his personal opinion, as distinguished from
knowledge as to the guilt of the accused; otherwise innocent persons and
victims merely of suspicious circumstances might be denied proper defense.
Having undertaken such defense, an Advocate is bound by all fair and
honorable means, to present every defense that the law of land permits, to
the end that no person be deprived of life or liberty, except by the process of
law.”
Sometimes too much oral questioning on above-mentioned points to a

prospective client creates a suspicion on prospective client’s mind and he
becomes over conscious and disturbed. And there exists a possibility that if
you ask any further question, he may leave your office. In order to do it nicely,
smoothly, irritation free and elegantly, your receptionist or clerk should wait
for a while till your prospective client is relaxed and then give him a printed
questionnaire and wait for his understanding and completion at his own. And
if your receptionist or clerk has a good, pleasant, patient and charming
personality, a beautiful, calm and clear voice and if the prospective client
115
Chapter 2
has been served a tea or drink in a pleasant office environment, he will not
hesitate in filling the questionnaire.
Different organizations require their members to fill a questionnaire every

year in the form of ‘Annual Declaration’ before renewal of membership. And
they also double check these ‘Annual Declarations’ through certain
‘background checks’ through different means in order to know about the
truthfulness of such declaration.
I, hereby, on the next page provide the following form of questionnaire:
LAW OFFICE OF _____________/LAW FIRM
DUE DILIGENCE/KYC CHECKS
Name:___________________________________ s/o, d/o w/o ___________________________________

Address: _________________________________________________________________________________
Phone No.:_______________________Mobile:______________________E-mail:_____________________
Profession:________________________________________________________________________________
Have you ever been convicted by any Court of Law? ______________________________________

If Yes, then provide detail: ________________________________________________________________
Have you ever been declared insolvent or bankrupt? ______________________________________
I Yes, then provide detail: _________________________________________________________________
Have you ever filed any previous case with respect to the subject matter about which you want
to hire the services of our Law Office/Law Firm? _____________________________________________
If Yes, then please provide the details and the copies of previous Suit/Proceedings and their
Complete Judgments and Orders: _________________________________________________________
Declaration: I, hereby declare that the above-mentioned information is absolutely correct and
complete and nothing therein has been left or concealed. And if, I had left any information or
if I had deliberately concealed, I will be held liable for the same.
Sign/Thumb Impression of Declarant with CNIC:

_____________________________________________
_____________________________________________
Date:________________________________________
Form No.1: Law Office’s KYC – Questionnaire.
2.3.4. Documents preparation through Paralegals:
A lawyer can delegate the work of preparation of documents to his

Paralegal. However, that has to be done under his strict supervision and final
vetting. A Paralegal is not supposed to finalize the draft of a document
without the vetting of his senior lawyer.
116
Chapter 2
A Paralegal can prepare the draft of agreements, contracts, deeds, and

other legal drafts. Some Paralegals also assist their senior lawyers in the
preparation of Pleadings as well. In various jurisdictions, worldwide, the
Paralegals are authorized to draft such documents. However, there is no such
provision in Pakistan with respect to such role of Paralegals in Pakistan. If a
person wants to start his independent business of Deed Writing, he is required
to have a Deed Writing License from relevant quarters in Pakistan. No one
can write a deed if he is not a lawyer, licensed Deed Writer or a Paralegal
under the supervision of a lawyer in Pakistan.
2.3.5. Preparation of a Case file through Paralegal:
A Paralegal can assist his senior lawyer in arrangement and preparation of

Case files to be presented in Courts. Since, they are educated, they can
provide better and effective assistance than a Clerk. Many law firms,
worldwide, have sophisticated Case/File Management Systems. And the
Paralegals do assist them in Case/File Management.
2.3.6. Perform administrative duties in a Law Office or a Law Firm:
An educated Paralegal can very effectively manage your Law Office. The
Law Office management through Paralegals is such an interesting topic that
many authors have authored books on this topic. Professor Laural A. Vietzen
who has been a coordinator of the ABA approved paralegal program at
Elgin Community College has authored a book ‘Law Office Management for
Paralegals’ published in 2019 by Wolters Kluwer.69
2.3.7. Legal Research through Paralegals:
When a Paralegal is assigned a duty to do the legal research, then he can

do so in the same way as a lawyer does by using and utilizing all the above-
mentioned resources for completion of his legal research. However, his every
action is to be supervised by the lawyer who had commanded him to do the
legal research. A Paralegal can arrange the result of his legal research in his
own way or in the specific way, he is trained to do so and should present it to
his lawyer and should complete organize and complete the legal research
in the way his lawyer commands him to do. Different persons and different
institutes have advised different ways for Paralegals to perform the legal
research. However, the best way and the best modus operandi for a
Paralegal is the one which is adopted and commanded to him by his lawyer,
Law Office and Law Firm.
69 Vietzen, Laurel A.. Law Office Management for Paralegals. United States: Wolters
Kluwer, 2019. (accessed July 29, 2023)
Bibiliography
118
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SHAHZADABI

SHAHZAD ABID BAIG

©2023 Shahzad Abid Baig

Chapter 1: A Lawyer and his Legal Research

Chapter No.2: How to reflect your legal research in your arguments?

1- A Lawyer and his Legal Research:

The legal research can be academic and traditional. The academic

Legal research is the process of finding an answer to a legal question. In

Research methodology has been expounded and defined in multiple

“(1) a body of rules and postulates that are employed by researchers in a

(2) a particular procedure or set of procedures; and

As per Mariam-Webster Dictionary, the term methodology means:

“1. A body of methods, rules, and postulates employed by a discipline: a

2. the analysis of the principles or procedures of inquiry in a particular

Different types of research and research methodologies are followed

1“Research”, Oxford Learner’s Dictionary, accessed 28.03.2020,

proposition of fact. The focus of a Judge or a lawyer in such type of legal

Legal research for the purpose of preparation of a case is different from

A haphazard effort for conducting a legal research leads nowhere and

1.1- The LR-Method:

Different books are available in the world on the topic of Research

Legal research can be performed by lawyers, law librarians and

University Press Edn 2017, available at JSTOR, accessed 28.03.2020,

of discipline?’, published by Hart Publishing Edn 2011, available at

In order to conduct the legal research on a particular legal problem, I

1.1.1- Arrange the facts:

The first step in LR-Method is to determine the facts. As we have previously

Following is the table in which you can mention the facts in a

[Your Office Logo]

Sr. No. Date Narration of Facts Whether this fact is

Table No.1: Table of chronological facts.

1.1.2- Keep in mind the wishes of your Client:

a. He is given a sound legal advice;

1.1.3- Read and re-read the problem:

1.1.5- Determine the Initial Legal Issues:

1. Jurisdiction of the Court;

1.1.6- Table of Initial Factual and Legal Issues:

[Name of Your Law Office]

INTITIAL FACTUAL AND LEGAL ISSUES

Table No.2: Table of initial factual and legal issues.

1.1.7- The Drafting of Pleadings:

A deeper and further study of your problem/case as narrated in your

1.1.8- Sources of Legal Research:

The ‘Sources of Legal Research’ that I have written in this Chapter

Following are the selected important sources of legal research:

1. Constitution of Pakistan, 1973,

6 An Application, Reply, Memorandum of Appeal, Grounds of Revision in case of Appellate

1.1.8.1- The Constitution of Pakistan, 1973:

Initially the Legislature (Majlis-e-Shura/Parliament) had created its own

The Constitution provides guiding principles for the legislations. It

Federal Legislative Lists

1 The defence of the Federation or any part thereof in peace or war;

2 Military, naval and air force works; local self- government in

3 External affairs; the implementing of treaties and agreements,

4 Nationality, citizenship and naturalization.

5 Migration from or into, or settlement in, a Province or the Federal

6 Admission into, and emigration and expulsion from, Pakistan

7 Posts and telegraphs, including telephones, wireless, broadcasting

8 Currency, coinage and legal tender.