Law of Procedure in Pakistan
4 Pages Posted: 12 Oct 2011 Last revised: 22 Oct 2011
Date Written: October 12, 2011
Abstract
This working paper is an attempt to answer various questions regarding law of procedure in Pakistan in the light of the cases decided by the Superior Courts of Islamic Republic of Pakistan, such as: What is a procedure?
What is a matter of procedure? Which of the matters are the matters relating to procedure? Where law prescribes a particular manner and procedure can a court adopt another manner or procedure? Where no procedure or manner is prescribed by law whether a court has the discretion to adopt any manner or procedure? Where offences punishable under different statutes are of similar nature, under which statute a court is to be tried? and Where law of procedure applicable at the time of actual commission of offence is repealed before the case is decided and new law of procedure is enforced without saving the old procedure under which law the case will proceed, the old repealed law or the law in force at the time the case is decided?
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