DastoorAI

Legal glossary قانونی اصطلاحات

Terms used in Pakistani courts, in English and Urdu. Where a statute defines a term, its official definition is quoted.

AllCourts & procedureCriminal lawQisas & diyatCivil casesConstitutionalFamilyProperty & rent

10 terms

  • Certiorari

    رٹ آف سرٹیوریری

    A writ declaring an act or proceeding of a public functionary to have been done without lawful authority.

    وہ رٹ جو کسی سرکاری عہدیدار کے فعل یا کارروائی کو بلا اختیار قانونی قرار دے۔

    Official definition: Article 199, Constitution›

    (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,—

    (a) on the application of any aggrieved party, make an order—

    (i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do ; or

    (ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or

    (b) on the application of any person, make an order—

    (i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

    …

    Read the full provision
    Constitutional

  • Due process of law

    قانون کے مطابق سلوک

    Every person's right to be dealt with in accordance with law.

    ہر شخص کا یہ حق کہ اس سے قانون کے مطابق سلوک کیا جائے۔

    Official definition: Article 4, Constitution›

    (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

    (2) In particular–

    (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

    (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and

    (c) no person shall be compelled to do that which the law does not required him to do.

    Read the full provision
    Constitutional

  • Fair trial

    منصفانہ سماعت

    The right to a fair trial and due process in the determination of civil rights and criminal charges.

    دیوانی حقوق اور فوجداری الزامات کے تعین میں منصفانہ سماعت اور ضابطہ کار کا حق۔

    Official definition: Article 10A, Constitution›

    [For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.]

    Read the full provision
    Constitutional

  • Fundamental Rights

    بنیادی حقوق

    The rights guaranteed in Chapter 1 of Part II of the Constitution (Articles 8 to 28); laws inconsistent with them are void.

    آئین کے حصہ دوم باب اول (آرٹیکل 8 تا 28) میں دیے گئے حقوق؛ ان سے متصادم قوانین کالعدم ہیں۔

    Official definition: Article 8, Constitution›

    (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 ;

    …

    Read the full provision
    Constitutional

  • Habeas corpus

    حبس بے جا کی رٹ

    A writ requiring a person in custody to be brought before the court so it can be satisfied the detention is lawful.

    وہ رٹ جس کے ذریعے زیر حراست شخص کو عدالت میں پیش کرایا جاتا ہے تاکہ حراست کے جائز ہونے کا تعین ہو۔

    Official definition: Article 199, Constitution›

    (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,—

    (a) on the application of any aggrieved party, make an order—

    (i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do ; or

    (ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or

    (b) on the application of any person, make an order—

    (i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

    …

    Read the full provision
    Constitutional

  • Locus standi

    لوکس اسٹینڈائی (حق دعویٰ)

    A party's standing: being an 'aggrieved person' entitled to bring the petition.

    فریق کا 'متاثرہ شخص' ہونا جسے درخواست دائر کرنے کا حق ہو۔

    Constitutional

  • Maintainability

    قابل سماعت ہونا

    Whether a petition or suit can be entertained by the court at all, for example where an alternate remedy exists.

    یہ سوال کہ آیا عدالت درخواست یا دعویٰ سن بھی سکتی ہے، مثلاً جب متبادل داد رسی موجود ہو۔

    Constitutional

  • Mandamus

    رٹ آف مینڈیمس

    A writ directing a public functionary to do what the law requires.

    وہ رٹ جس میں سرکاری عہدیدار کو قانون کے مطابق اپنا فرض ادا کرنے کی ہدایت ہو۔

    Official definition: Article 199, Constitution›

    (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,—

    (a) on the application of any aggrieved party, make an order—

    (i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do ; or

    (ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or

    (b) on the application of any person, make an order—

    (i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

    …

    Read the full provision
    Constitutional

  • Quo warranto

    رٹ آف کو وارنٹو

    A writ requiring a person holding public office to show under what authority of law he holds it.

    وہ رٹ جس میں سرکاری عہدے پر فائز شخص سے پوچھا جائے کہ وہ کس قانونی اختیار سے عہدہ رکھتا ہے۔

    Official definition: Article 199, Constitution›

    (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,—

    (a) on the application of any aggrieved party, make an order—

    (i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do ; or

    (ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or

    (b) on the application of any person, make an order—

    (i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

    …

    Read the full provision
    Constitutional

  • Writ petition

    رٹ پٹیشن

    A petition to a High Court under Article 199 when no other adequate remedy is provided by law.

    آرٹیکل 199 کے تحت ہائی کورٹ میں درخواست جب قانون میں کوئی اور مناسب داد رسی موجود نہ ہو۔

    Official definition: Article 199, Constitution›

    (1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,—

    (a) on the application of any aggrieved party, make an order—

    (i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do ; or

    (ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or

    (b) on the application of any person, make an order—

    (i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

    …

    Read the full provision
    Constitutional

Plain explanations in English and Urdu are DastoorAI's summaries, not legal text. Official definitions are quoted from the Constitution and the Pakistan Penal Code.