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Business Law
Assignment No. One
Submitted to: Ma’am Syeda Nazneen Waseem
Fahad ur Rehman Khan (One496)
Course: Business Law (Friday – 3 to 6)
Structure of Courts in Pakistan
Pakistan’sjudicialsystemstemsdirectlyfromthe systemthatwasusedinBritishIndiaason
independencein One947,and the Governmentof IndiaAct One935 was retainedasa provisional
Constitution.Asaconsequence,the legal andjudicial systemof the Britishperiodcontinuedwithdue
adaptationsandmodifications,wherenecessary,tosuitthe requirementsof the new Republic.
Types of Courts in Pakistan
 Supreme Courtof Pakistan
 Federal ShariatCourtof Pakistan
 HighCourts
 District and session court
 Special Tribunals and Boards
 Family Courts
 Juvenile Courts
Hierarchy of courts in Pakistan
Hierarchyof
Courts in
Pakistan
•Supreme court of Pakistan
Federal Shariat court of Pakistan
High court
Direct and session court
Special tribunals and board
Functions of courts in Pakistan
Functions of Supreme Court of Pakistan
The Supreme Court has a special role to play in Pakistani system of government. It has two
fundamental functions. On the one hand, the primary role of the Supreme Court is to interpret the
Constitution and the law and to ensure that different state-organs created by the Constitution
remain within their limited fields. On the other hand, it has power to examine statutes and
executive actions to determine whether they conform to the Constitution of Pakistan. The
Constitution gives it the power to check, if necessary, the actions of the Executive. It can tell
President or Prime Minister that his actions are not allowed by the Constitution of Pakistan. The
Supreme Court is also the custodian and upholder of citizen’s rights, liberties and freedoms. The
court has been given a very significant role of protecting the fundamental rights of citizens.
Branches of Supreme court of Pakistan:
 Lahore Branch Registry
 Karachi Branch Registry
 Peshawar Branch Registry
 Quetta Branch Registry
Functions of Federal Shariat Court of Pakistan
Article 227 makes it incumbent that all existing laws shall be brought in conformity with the
injunctions of Islam as laid down in the Holy Qur’an and the Sunnah of the Holy Prophet (peace
be upon him), and Chapter 3-A which pertains to the functions and organization of Federal
Shariat Court, empowers the court and entrusts the court with the responsibility to examine and
decide the question whether or not any law or provision of law is repugnant to the injunctions of
Islam as laid down in the Holy Qur’an and the Sunnah of the Holy Prophet (peace be upon him).
Functions of High Court of Pakistan:
The High Court is an appellate court for all civil and criminal matters in the respective
province.
Branches of High courts in Pakistan
 Lahore High Court – for the province of Punjab
 Sindh High Court – for the province of Sindh
 Peshawar High Court – for the province of Khyber Pakhtunkhwa
 Balochistan High Court – for the province of Balochistan
 Islamabad High Court – for the federal capital city of Islamabad
Functions of Direct and SessionCourts of Pakistan:
District courts exist in every district of each province, and have civil and criminal jurisdiction. In
each District Headquarters, there are numerous Additional District & Session Judges who
usually preside the courts. District & Sessions Judge has executive and judicial power all over
the district under his jurisdiction. The Sessions court is also a trial court for heinous offences
such as Murder, Rape (Zina), Haraba offences (armed robbery where specific amount of gold
and cash is involved), and is also appellate court for summary conviction offences and civil suits
of lesser value. Each Town and city now has a court of Additional District & Sessions judge,
which possess the equal authority over, under its jurisdiction. When hearing criminal cases, it is
called the Sessions Court, and when it hears civil cases, the District Court.
Functions of Special Tribunal and Board of Pakistan:
It has the jurisdiction to hear all criminal matters other than those which carry the death penalty
(such as attempted murder, dacoit, robbery, extortion, etc.), but may only pass a sentence of up to
seven years’ imprisonment.
Number of Judges in every courts of Pakistan
 SUPREME COURT OF PAKISTAN
One Chief Justice
Sixteen Permanent Judges
Two Ad-Hoc Judges
 FEDERAL SHARIAT COURT OF PAKISTAN
8 Muslim judges, 3 are required to be Ulma who are well versed in Islamic law.
 SIND HIGH COURT
One Chief Justice
27 Judges
 PUNJAB HIGH COURT
One Chief Justice
49 Judges
 BALUCHISTAN HIGH COURT
One Chief Justice
8 Judges
 NWFP HIGH COURT
One Chief Justice
49 judges
 DIRECT AND SESSION COURT
There are numerous Additional District & Session Judges who usually preside the courts.
 SPECIAL TRIBUNALS AND BOARD
In every town and city, there are numerous Civil and Judicial Magistrates’ Courts. A Magistrate
with the powers of section 30 of Criminal Procedure Code (Cr.P.C.) has the jurisdiction to hear
all criminal matters other than those which carry the death penalty (such as attempted murder,
dacoity, robbery, extortion, etc.), but may only pass a sentence of up to seven years’
imprisonment.
Qualification for the appointment at Pakistani Courts
Supreme Court of Pakistan:
A person should be selected by the Pakistan Bar Council according to his knowledge and
experience.
Federal Shariat Court of Pakistan:
A person shall be Ulema who are well- versed in Islamic law.
High Court of Pakistan:
A person with five years’ experience as a Judge of High Court or 15 years’ experience as
advocate of High Court is eligible to be appointed as a Judge of the Supreme Court.
Direct and SessionCourts of Pakistan:
Additional District & Sessions Judges are appointed by the Provincial High Courts, from a pool
of Lawyers and subordinate judges. To be eligible for appointment, Lawyers must have ten
years' experience as an advocate with good standing in the respective jurisdiction.
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Structure, hierarchy and functions of pakistani courts

  • 1. Business Law Assignment No. One Submitted to: Ma’am Syeda Nazneen Waseem Fahad ur Rehman Khan (One496) Course: Business Law (Friday – 3 to 6)
  • 2. Structure of Courts in Pakistan Pakistan’sjudicialsystemstemsdirectlyfromthe systemthatwasusedinBritishIndiaason independencein One947,and the Governmentof IndiaAct One935 was retainedasa provisional Constitution.Asaconsequence,the legal andjudicial systemof the Britishperiodcontinuedwithdue adaptationsandmodifications,wherenecessary,tosuitthe requirementsof the new Republic. Types of Courts in Pakistan  Supreme Courtof Pakistan  Federal ShariatCourtof Pakistan  HighCourts  District and session court  Special Tribunals and Boards  Family Courts  Juvenile Courts Hierarchy of courts in Pakistan Hierarchyof Courts in Pakistan •Supreme court of Pakistan Federal Shariat court of Pakistan High court Direct and session court Special tribunals and board
  • 3. Functions of courts in Pakistan Functions of Supreme Court of Pakistan The Supreme Court has a special role to play in Pakistani system of government. It has two fundamental functions. On the one hand, the primary role of the Supreme Court is to interpret the Constitution and the law and to ensure that different state-organs created by the Constitution remain within their limited fields. On the other hand, it has power to examine statutes and executive actions to determine whether they conform to the Constitution of Pakistan. The Constitution gives it the power to check, if necessary, the actions of the Executive. It can tell President or Prime Minister that his actions are not allowed by the Constitution of Pakistan. The Supreme Court is also the custodian and upholder of citizen’s rights, liberties and freedoms. The court has been given a very significant role of protecting the fundamental rights of citizens. Branches of Supreme court of Pakistan:  Lahore Branch Registry  Karachi Branch Registry  Peshawar Branch Registry  Quetta Branch Registry Functions of Federal Shariat Court of Pakistan Article 227 makes it incumbent that all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Qur’an and the Sunnah of the Holy Prophet (peace be upon him), and Chapter 3-A which pertains to the functions and organization of Federal Shariat Court, empowers the court and entrusts the court with the responsibility to examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam as laid down in the Holy Qur’an and the Sunnah of the Holy Prophet (peace be upon him). Functions of High Court of Pakistan: The High Court is an appellate court for all civil and criminal matters in the respective province. Branches of High courts in Pakistan  Lahore High Court – for the province of Punjab  Sindh High Court – for the province of Sindh  Peshawar High Court – for the province of Khyber Pakhtunkhwa  Balochistan High Court – for the province of Balochistan  Islamabad High Court – for the federal capital city of Islamabad Functions of Direct and SessionCourts of Pakistan:
  • 4. District courts exist in every district of each province, and have civil and criminal jurisdiction. In each District Headquarters, there are numerous Additional District & Session Judges who usually preside the courts. District & Sessions Judge has executive and judicial power all over the district under his jurisdiction. The Sessions court is also a trial court for heinous offences such as Murder, Rape (Zina), Haraba offences (armed robbery where specific amount of gold and cash is involved), and is also appellate court for summary conviction offences and civil suits of lesser value. Each Town and city now has a court of Additional District & Sessions judge, which possess the equal authority over, under its jurisdiction. When hearing criminal cases, it is called the Sessions Court, and when it hears civil cases, the District Court. Functions of Special Tribunal and Board of Pakistan: It has the jurisdiction to hear all criminal matters other than those which carry the death penalty (such as attempted murder, dacoit, robbery, extortion, etc.), but may only pass a sentence of up to seven years’ imprisonment. Number of Judges in every courts of Pakistan  SUPREME COURT OF PAKISTAN One Chief Justice Sixteen Permanent Judges Two Ad-Hoc Judges  FEDERAL SHARIAT COURT OF PAKISTAN 8 Muslim judges, 3 are required to be Ulma who are well versed in Islamic law.  SIND HIGH COURT One Chief Justice 27 Judges  PUNJAB HIGH COURT One Chief Justice 49 Judges  BALUCHISTAN HIGH COURT One Chief Justice 8 Judges  NWFP HIGH COURT
  • 5. One Chief Justice 49 judges  DIRECT AND SESSION COURT There are numerous Additional District & Session Judges who usually preside the courts.  SPECIAL TRIBUNALS AND BOARD In every town and city, there are numerous Civil and Judicial Magistrates’ Courts. A Magistrate with the powers of section 30 of Criminal Procedure Code (Cr.P.C.) has the jurisdiction to hear all criminal matters other than those which carry the death penalty (such as attempted murder, dacoity, robbery, extortion, etc.), but may only pass a sentence of up to seven years’ imprisonment. Qualification for the appointment at Pakistani Courts Supreme Court of Pakistan: A person should be selected by the Pakistan Bar Council according to his knowledge and experience. Federal Shariat Court of Pakistan: A person shall be Ulema who are well- versed in Islamic law. High Court of Pakistan: A person with five years’ experience as a Judge of High Court or 15 years’ experience as advocate of High Court is eligible to be appointed as a Judge of the Supreme Court. Direct and SessionCourts of Pakistan: Additional District & Sessions Judges are appointed by the Provincial High Courts, from a pool of Lawyers and subordinate judges. To be eligible for appointment, Lawyers must have ten years' experience as an advocate with good standing in the respective jurisdiction.