1.

Promulgation of Law when National Assembly is not in Session:

In many parliamentary systems, including Pakistan, when the National Assembly (or equivalent
legislative body) is not in session, the President (or equivalent executive authority) has the power
to promulgate ordinances. An ordinance is essentially a law passed by the executive branch
during the legislative body’s recess.
Ordinances are temporary measures and are typically used to address urgent matters that cannot
wait for the regular legislative process. They carry the force of law similar to Acts of Parliament
but are temporary in nature.
The tenure of an ordinance varies but typically ranges from a few months to a year, unless it is
ratified by the legislative body upon its reconvention.
2. Promulgation of an Ordinance in Pakistan:

In Pakistan, the President has the authority to promulgate ordinances under Article 89 of the
Constitution. If the President is satisfied that circumstances exist that require immediate action,
he can issue an ordinance when the National Assembly is not in session.
Once promulgated, an ordinance has the same effect as an Act of Parliament until it is repealed
or replaced by a subsequent Act of Parliament.
3. Delegated Legislation and Control:

Delegated legislation refers to the process by which the legislative body delegates some of its
lawmaking powers to subordinate authorities, such as government ministers or agencies.
4. Control over delegated legislation is typically exercised through mechanisms such as:
Scrutiny committees: These committees review delegated legislation to ensure it is within the
scope of the powers granted by the enabling Act and does not exceed the authority given.
Parliamentary oversight: Parliament can revoke or amend delegated legislation through specific
procedures outlined in the enabling Act.
Judicial review: Courts can review delegated legislation to ensure it complies with the
constitution and the law.
5. Legislation Process for a Money Bill:
When the National Assembly is in Session: The process involves introduction, debate, and voting
within the National Assembly. Once passed by the National Assembly, it Is sent to the Senate for
review. The Senate can suggest amendments but cannot veto the bill. If agreed upon, the bill is
passed to the President for assent.
When the National Assembly is not in Session: In case of urgency, the President can promulgate
an ordinance related to money matters. However, such ordinances need to be approved by both
houses of Parliament once they reconvene. If not approved within a certain period, they cease to
have effect.

6. Pakistan’s System of Government:

Pakistan operates under a federal parliamentary democratic system. The system is characterized
by a President who serves as the ceremonial head of state and a Prime Minister who is the head
of government. The Parliament consists of two houses: the National Assembly (Lower House)
and the Senate (Upper House). The National Assembly is comprised of directly elected members,
while the Senate consists of members elected by the provincial assemblies and the territories.
The Prime Minister is typically the leader of the majority party in the National Assembly.

Role of Senate in Legislation Process:

The Senate plays a crucial role in the legislative process in Pakistan. It acts as a revising chamber
and provides checks and balances to the legislative authority of the National Assembly. Its
specific roles include:

Legislative Review: The Senate reviews legislation proposed by the National Assembly. It can
suggest amendments or reject bills passed by the National Assembly.

Representation of Provinces: Senators are elected by the provincial assemblies, which ensures
representation of the provinces at the federal level. This helps in maintaining the federal
character of the country.

Guardian of Provincial Interests: Since Senators represent provinces, they often advocate for the
interests of their respective provinces during the legislative process.
Balance of Power: The Senate acts as a check on the power of the National Assembly, ensuring
that legislation is thoroughly scrutinized and represents the interests of all regions of Pakistan.

7. Circumstances under the Partnership Act, 1932:

Joint Ownership: If profits are received as a joint owner of property, not necessarily indicating a
partnership.
Loan Interest: Sharing of profits in the form of interest on a loan does not imply partnership.
Wages or Rent: If profits are received in the form of wages to an employee or rent to a landlord,
it does not create a partnership.
Annuity or Royalty: Profits received as an annuity or royalty do not establish a partnership.
8. Differences between Civil Law and Criminal Law:

Civil Law:

Objective: Civil law deals with disputes between individuals or organizations concerning their
rights, duties, and obligations.
Remedies: In civil law, the primary remedy is usually monetary compensation (damages) or
equitable relief (injunctions, specific performance).
Criminal Law:

Objective: Criminal law addresses offenses committed against the state or society, defining
actions that are prohibited and punishable.
Punishment: Punishments in criminal law can include imprisonment, fines, probation, or
community service.
Examples:

Civil Law: Contract disputes, property disputes.

Criminal Law: Theft, assault.
9. Restrictions on Carrying on Business under the Contract Act, 1872:

A person may be restricted from carrying on a business if there is a valid agreement that
includes:

Non-compete Clause: An agreement not to compete with the business after leaving.
Non-disclosure Agreement: A restriction on disclosing confidential information for a certain
period.
Example: An employee signs a contract agreeing not to start a similar business within a certain
geographical area after leaving the current employment.
10. Agreement without Consideration under the Contract Act, 1872:

An agreement without consideration may still be considered a valid contract if it falls under
certain exceptions, such as:

Natural Love and Affection: Contracts made out of natural love and affection between parties,
such as gifts between family members.

Compensation for Past Voluntary Services: A promise to compensate someone for services
voluntarily rendered in the past.

Example: A promises to pay B Rs. 10,000 for the services B rendered voluntarily in helping A
during a difficult time.

11. Differences between Civil and Criminal Laws:

Nature:
Civil Law: Deals with disputes between individuals or organizations.
Criminal Law: Addresses offenses against the state or society.
Purpose of Punishment:

Civil Law: Aims to compensate the victim or restore the situation to its previous state.
Criminal Law: Aims to punish the offender and deter others from committing similar offenses.
Examples:

Civil Law: Contract disputes, divorce proceedings.

Criminal Law: Theft, murder.
Criminal Laws Enforced in Pakistan:
Two criminal laws currently enforced in Pakistan are:

Pakistan Penal Code (PPC): Governs crimes against persons and property, including offenses like
theft, assault, and murder.
Anti-Terrorism Act (ATA): Deals with offenses related to terrorism, including acts of terrorism,
financing terrorism, and possession of illegal weapons.
12. Justification for Repudiating the Contract under the Contract Act, 1872:

Mughal may be justified in repudiating the contract if he can prove that Dawood engaged in
fraudulent conduct. According to the Contract Act, 1872, a contract induced by fraud is voidable
at the option of the party defrauded.

Fraud involves:

A false representation of fact by Dawood,

Made knowingly or without belief in its truth, or recklessly,
With the intention of inducing Mughal to act,
Mughal acted upon the representation and suffered damage as a result.
If Mughal can prove these elements, he has the right to repudiate the contract.

13. Status of Contract and Remedies Available under the Contract Act, 1872:

In the given scenario, the contract between Haroon Publishers (HP) and Salima is likely to be
considered frustrated due to Salima’s inability to fulfill her obligation of sharing the manuscript.
Frustration occurs when an unforeseen event occurs, making it impossible to perform the
contract as originally intended. Salima’s sudden rise to popularity, leading to her inability to
fulfill her part of the contract, constitutes frustration.

14. Remedies available to HP include:

Damages: HP can claim damages for any losses incurred due to Salima’s breach of contract. This
may include the loss of potential profits from pre-orders and promotional expenses.

Specific Performance: Although specific performance may not be feasible in this case due to the
unique nature of the contract (publishing a novel), HP could potentially seek specific
performance if Salima’s manuscript is deemed essential and irreplaceable.

Restitution: HP can seek restitution, requiring Salima to return any advance payments or benefits
received under the contract.

Cancellation of Contract: HP may cancel the contract due to frustration, relieving both parties of
their obligations under the agreement.
15. Bill of Exchange Scenario:
According to the Negotiable Instruments Act, 1881, when a bill of exchange is payable to a
specified person or order, the payor can discharge their liability by paying the amount to the
rightful holder of the instrument. In this case, Amjad, after making due inquiries and being
satisfied that the presenter is indeed Bukhari, made payment on the bill. As per the Act, Amjad
would be discharged from his liability upon payment to the presenter, even if the presenter is not
the intended recipient. Therefore, Amjad would not be liable for any further claims regarding the
bill.

16. Partnership Agreement between Munaf and Lari:

To constitute a partnership under the Partnership Act, 1932, there must be an agreement between
the parties to share the profits of the business carried on by all or any of them acting for all.
Additionally, the agreement must include the mutual agency, i.e., each partner should act on
behalf of the firm and the other partners.

In the given scenario, Munaf and Lari have agreed that Lari will share 40% of the profits, have
the right to exercise all the powers of a partner, but will not bring in any capital and will not be
liable for any losses. However, Lari will receive a specific amount for introducing new clients.

Despite not contributing capital and not being liable for losses, Lari’s entitlement to a share of
profits, right to exercise all powers of a partner, and involvement in the business by introducing
new clients indicate an intention to form a partnership. This is reinforced by the fact that Lari is
given the right to exercise all the powers of a partner, which suggests mutual agency.

Therefore, based on the terms mentioned, a partnership is likely constituted between Munaf and
Lari under the provisions of the Partnership Act, 1932.
17. Mandatory Duties of Partners under the Partnership Act, 1932:

Certain duties of partners under the Partnership Act, 1932, cannot be modified by agreement
among them. These include:

Duty of Good Faith: Partners must act honestly and in good faith towards each other in all
partnership matters.

Duty of Care and Skill: Partners are obligated to exercise reasonable care and skill in the conduct
of partnership affairs.
Duty to Account: Partners must provide accurate and complete accounts of all transactions
related to the partnership.

Duty to Inform: Partners are required to disclose all relevant information to each other regarding
partnership affairs.

18. Discharge from Liability under the Negotiable Instruments Act, 1881:

Under the Negotiable Instruments Act, 1881, Amjad is discharged from liability if he made
payment on the bill in good faith and without negligence. However, if Amjad failed to exercise
reasonable care in verifying the identity of the presenter, he may still be held liable.

In this case, since Amjad made due inquiries and was satisfied that the presenter was Bukhari, he
acted in good faith. Therefore, he is likely discharged from liability.

19. Constitution of Partnership under the Partnership Act, 1932:

In the scenario involving Munaf and Lari, a partnership is likely constituted under the
Partnership Act, 1932. Despite Lari not bringing capital and being exempt from losses, the
agreement grants Lari significant rights and entitlements typical of a partner. Lari’s entitlement to
a share of profits, commission on introducing clients, and authority to exercise partner powers
indicate a partnership relationship.

20. Existence of Partnership under the Partnership Act, 1932:

In the situation between X and Y, a partnership may exist under the Partnership Act, 1932.
Despite Y not contributing capital and not participating in day-to-day affairs, the agreement
entitles Y to a share of profits. Profit-sharing is a significant indicator of partnership, and Y’s
involvement in advising on technical issues and using contacts for the benefit of the business
further supports the partnership inference.
 21. Circumstances where Sharing of Profits does not Make a Person Partner:

Under the Partnership Act, 1932, receiving a share of profits doesn’t necessarily make a person a
partner if:
Profits are received as:
A payment of debt.
An annuity or royalty.
Wages to an employee.
Rent to a landlord.
Profits are received as a joint owner of property, not necessarily indicating a partnership.

22. Status of Adeeb’s Widow as a Partner:

Adeeb’s widow would not be deemed a partner in the firm. While she may receive a share of
profits as an annuity, it doesn’t necessarily establish her as a partner under the Partnership Act,
1932. Her entitlement to a portion of the profits as an annuity is likely a private arrangement
between the surviving partners and her, rather than constituting a partnership.

23. Partnership at Will and Particular Partnership:

Partnership at Will: A partnership at will is formed without any fixed duration or specific
objective. It continues until dissolved by any partner giving notice of intention to dissolve the
partnership.
Particular Partnership: A particular partnership is formed for a specific undertaking or venture. It
dissolves upon the completion of the venture or achievement of the objective for which it was
formed.

24. Validity of Contracts under the Contract Act, 1872:

Murad’s Offer to Sanum: The offer made by Murad to Sanum for the sale of a car is a valid
contract. Sanum’s acceptance and promise to pay the balance in monthly installments constitute a
valid consideration, fulfilling the requirements of a contract under the Contract Act, 1872.

25. Batool’s Offer to Saqib: Similarly, Batool’s offer to sell her flat to Saqib for a specified
amount with a stipulation for payment in installments constitutes a valid contract. Saqib’s
acceptance and promise to pay the balance in installments fulfill the requirements of a
contract under the Contract Act, 1872.