Q. What is contract of bailment. Explain fully the rights and duties of the bailee. (1998) (2001)

Contact of bailment

Q. What is contract of bailment. Explain fully the rights and duties of the bailee. (1998) (2001)
1. Introduction:
Bailment means a legal relation that arises whenever one person delivers possession personal property to another person under an agreement by which the later is under an obligation to return the property to the former.
2. Meaning:
The term bailment is derived from a French word ‘baillor’ which means to deliver.
3. Definition:
According to contract act Sec 148:
“A bailment is the delivery of goods by one person to another for some purpose upon a contract that they shall when the purpose is accomplished be returned or otherwise disposed of according to the directions of the person delivering them."
4. General definition:
A ‘bailment’ is the delivery of goods by one person to another for some purpose upon the understanding that the goods shall be returned when the purpose is completed. In a contract of bailment delivery is for temporary purpose.
5. Kinds of bailment:
Following are the kinds of bailment.
(i) Deposit:
It is a simple bailment of goods by one person to another person to keep for bailor’s use.
(ii) Commodation:
In this kind of bailment goods lent to a friend graits to be used by him.
When the goods are delivered to the bailee for hire.
When goods are delivered to another person by way of security of money borrowed.
When goods are delivered be carried or something to be done about these for reward payable to the bailee.
6. Parties of the contract of bailment:
There are two parties in the contract of bailment.
(a) Bilor:
The person who parties in the contract of bailment.
(b) Bailee:
The person to whom the goods are derived is called bailee.
7. Essentials of contract of bailment:
Following are essential of contract of bailment.
(I) Contract:
It is basic essential for bailment.
(II) Moveable property:
Property must be moveable in contract of bailment.
(III) Delivery of goods:
The delivery of goods should be made for some purpose under a contract.
(IV) Change of possession:
In bailment possession is changed from one person to another person.
(V) Specific purpose:
The goods are delivered for some specific purpose to another person.
(VI) Ownership is not changed:
The ownership is not change. It remain to bailor.
(VII) Parties of contract:
There are two parties to the contract of bailment bailor and bailer.
(VIII) Returnable:
The goods must be returned to the owner of property are disposed according to the direction of bailor.
8. Duties or responsibilities:
Following are the duties or responsibilities of bailee.
(I) Care of goods:
Bailee is bound to take as much as care as the man take care of his own good.
(II) Act according to the contract:
Bailee is bound to act according to the contract of bailment.
(III) Not deny the title:
Bailee can not deny the title of the goods delivered to him. 
(IV) Return the goods:
It is the duty of bailee to return or deliver the goods to bailor or according to his directions.
(V) Return at proper time:
Bailee should return the goods at proper time.
(VI) Return of profit:
Baliee should return the increase or profit to bailee.
(VII) Proper use of goods:
He should use the goods according to the contract of bailment.
9. Rights of bailee:
Following are the rights of bailee.
(I) Recovery of loss:
A bailee is entitled to recover damages if he suffers any loss.
(II) Recovery of compensation:
A bailee is entitled to receive compensation from the bailor for any loss resulting from the defect of bilor title.
(III) Recovery of expenses:
Bailee is entitled to recover all expenses for any purpose of the bailment.
(IV) Rights to retain:
Baailee has right to retain the goods until debtor claim is paid.
(V) Right against third person:
He has right to receive the amount of indemnity from “bailor for any loss which may sustain by reason that the bailor was not entitled to make the bailment.
(VI) Right against third person:
If a third person wrongfully deprives the bailee of the use orpossession of the good bailed. He can file suit against such person.
(VII) Right of remuneration:
He is entitled to lawful charge for providing services.
10. Conclusion:
To conclusion it can be said that, the person to whom the goods are delivered under the contract of bailment is called bailee. He is bound to act accordingly the direction of bailee. Bailor and bailee have right and duties under the contract act.

Defamation, Libel and Slander Law

• What Are Defamation, Libel and Slander
• What Defenses Are Available to People Accuse of Defamation?
• Public Figures
• Why Commencing a Defamation Action Is Not Always a Good Idea

Contents

It is not unusual for attorneys to receive inquiries about defamation actions from people who are in conflicts with neighbors or other members of their communities, and have become the subjects of vicious lies. The area of law most implicated by that type of conduct is "defamation of character", a cause of action which is generally defined to include "libel" and slander".

What Are Defamation, Libel and Slander?

Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.
Typically, the elements of a cause of action for defamation include:

1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
4. Damage to the plaintiff.

In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.
Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may constitute defamation per se:

• Attacks on a person's professional character or standing;
• Allegations that an unmarried person is unchaste;
• Allegations that a person is infected with a sexually transmitted disease;
• Allegations that the person has committed a crime of moral turpitude;

While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.

What Defenses Are Available To People Accused of Defamation?

The most important defense to an action for defamation is "truth", which is an absolute defense to an action for defamation.
Another defense to defamation actions is "privilege". For example, statements made by witnesses in court, arguments made in court by lawyers, statements by legislators on the floor of the legislature, or by judges while sitting on the bench, are ordinarily privileged, and cannot support a cause of action for defamation, no matter how false or outrageous.
A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation. Whether a statement is viewed as an expression of fact or opinion can depend upon context - that is, whether or not the person making the statement would be perceived by the community as being in a position to know whether or not it is true. If your employer calls you a pathological liar, it is far less likely to be regarded as opinion than if such a statement is made by somebody you just met. Some jurisdictions have eliminated the distinction between fact and opinion, and instead hold that any statement that suggests a factual basis can support a cause of action for defamation.
A defense similar to opinion is "fair comment on a matter of public interest". If the mayor of a town is involved in a corruption scandal, expressing the opinion that you believe the allegations are true is not likely to support a cause of action for defamation.
A defendant may also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.
A defendant who transmitted a message without awareness of its content may raise the defense of "innocent dissemination". For example, the post office is not liable for delivering a letter which has defamatory content, as it is not aware of the contents of the letter.
An uncommon defense is that the plaintiff consented to the dissemination of the statement.

Public Figures

Where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth..

Annual Subject Company Law PAPER - 3

Annual 2007

Subject Company Law

PAPER - 3

                                                            PART I

Q.1. Give the composition of “The Commission” and “The Board” under the SECP Act, 1997. What are the qualification of the Commissioners and the members and how can they be removed?

Q.2. Define a Private Limited Company and a Public Limited Company and draw a distinction between the two.

Q.3. What is Memorandum of Association of a Public Limited Company? List the six essential classes which must be contained by it explaining each one of them fully.

Q.4. Giver a summary of facts and explain fully the doctrine of “ Indoor-Management” as discussed in the case of the Royal British Bank Vs Turquand are there any exception to it? Discuss.

Q.5. Define “Share”. How allotment of a Share in a Public Limited Company is made? What restrictions are imposed on such allotment?

Q.6. Give the majority and period of notice required in order to validity pass:

(A) Special Resolution   (b) Ordinary Resolution     (c) Resolution requiring special notice.

Q.7. Define debenture. State its contents. Enumerate the remedies of a debenture holder. How can they be enfoced?

Q.8. How and when winding-up subject to the supervision of the Court takes place of a Company?

                                   

                                               PART II

Q.9. Define a Promissory Note and a Bill of Exchange. Drawing a distinction between the two.

Q.10. Discuss the privileges enjoyed by a Holder in due course.

SUPPLEMENTARY  2007

Subject Company Law

PAPER - 3

                                                            PART I

Q.1. State and discuss various steps required for forming a public limited company.

Q.2. Give a brief account of the facts and decision in the case of Salomon Vs. Salomon and Company Limited?

Q.3. Define a public limited company. How does it differ from a partnership?

Q.4. What are Articles of Association of a public limited company. In what way and subject to what limitation may a company alter its Articles of Association?

Q.5. Discuss in detail the Law and procedure of transfer of shares in a Public Limited Company. State the circumstances of the transfer. Does an appeal lie against their refusal?

Q.6. What restriction that Companies Ordinance places on the allotment of share capital offered by a company to the public for subscription. Also state effect of irregular allotment of shares of company.

Q.7. What is a Foreign Company? What requirements are to be fulfilled before registration of such a company with the SECP?

Q.8. Briefly explain the different the different modes of winding up the Public Limited Company?

                                                            PART II

Q.9. Define a Bill of Exchange and cheque and draw a distinction between the two?

Q.10. Define a Promissory Note. What are the essential elements of a Promissory Note?

Annual 2008

Subject Company Law

PAPER - 3

                                                            PART I

Q.1. What do you understand by the term “Promoter of a Company”. Enumerate their duties and liabilities. How are they remunerated?

Q.2. Write a note on Articles of Association of a public limited company and distinguish it from a Memorandum of Association.

Q.3. Define Prospectus. What are the liabilities both Civil & Crime which arises as a result of an untrue statement in a prospectus?

Q.4. State the law and procedure to be followed by a public limited company for affecting a reduction in its share capital. In what cases may a company’s creditor object to the reduction of Capital.

Q.5. Describe the law relating to the qualification, method of appointment, Power, Duties and procedure for the removal of a company’s Auditor.

Q.6. Define a Private Company. What is the procedure by adopting which the private company can convert itself into a public limited company.

Q.7. Under what circumstances a company may be wound-up voluntarily? When dose such winding-up commences and also discuss the procedure which is to be adopted?

Q.8. Write notes on:

(a) Single Member Company      (b) Company Limited by Guarantee.

                                             PART II

Q.9. Define the following:

(a) Promissory note    (b) Bill of Exchange        (c) Cheque

Q.10. Define a bill of Exchange and draw a distinction between a bill of exchange & a promissory note.

Supplementary 2008

Subject Company Law

PAPER - 3

                                                            PART I

Q.1. Explain the concept of a Single Member Company. Describe its salient features and advantages of forming such a company.

Q.2. What is Memorandum of Association of a Public Limited Company? What are the six compulsory clauses in it? Discuss each one of them in detail.

Q.3. Discuss the extent to which the Memorandum and Articles of Association binds the

                      

(a)  The Member to the company

(b)  Members inter-se

(c)   The company to outsiders

Q.4. Define “Chief Executive” How is he appointed? What are his terms of appointment & how is he removed?

Q.5. When & for what purposes:

(a) A statutory meeting       (b) Ordinary general meeting

(c) Extraordinary general meeting are convened.

Q.6. What are the provision of the Company Ordinance as regards maintenance, Location. Closing and ratification of register of members.

Q.7.  What are the petition the Court and on what grounds for compulsory winding-up of a public limited company and also describe the procedure to be followed.

Q.8. Write notes on:

(a) Director of a Company           (b) Auditor of a Company

                                            PART II

Q.9. Define a bill of Exchange and distinguish it from a cheque.

Q.10. What is a Negotiable Instrument? Explain its essential characteristics.

Annual 2009

Subject Company Law

PAPER - 3

                                                            PART I

Q.1. Give the composition of “The Commission” and “The Board Board” under the SECP Act, 1997. What are the qualification of “The Commissioners” and “The Members” and how can they be removed?

UNIVERSITY OF THE PUNJAB LAHORE EXAMINAtion Examination: - L.L.B. Annual 2006 Subject Constitutional Law II PAPER - 1

UNIVERSITY OF THE PUNJAB LAHORE EXAMINATION:                          Examination: - L.L.B. Annual 2006

Subject Constitutional Law II

PAPER - 1

                                                   PART I

Q.1:- Discuss the role of Principles of policy as laid down in 1973 Constitution. How these principles can be enforced?

Q.2. what safeguards have been provided in 1973 Constitution Against?

    Arrest and detention of a person?

Q.3. what is the extraordinary jurisdiction of High Court U / Article 199 of the Constitution? Under what circumstances it can be invoked?

Q.4. Explain the composition and functions of Council of Islamic ideology.

Q .5.  Describe the qualifications and disqualification of the members of Parliament under 1973 Constitution.

Q.6. Write notes on;

(1)   Council of Common Interest.

(2)   Administrative Courts and Tribunals.

                             PART II

Q.7. Critically examines and explains in detail the salient features of Indian independence Act 1947?

Q.8. What was the Objectives Resolution 1947? Has it been acted upon in practice? Explain.

Q.9. what form of Government was established under 1962 Constitution? Give the causes of its failure.

Q.10. Explain in detail the case:

As Jilani vs. Govt. of Punjab (PLD 1972 SC 139).

SUPPLEMENTARY 2006

Subject Constitutional Law II

PAPER - 1

                                                   PART I

Q.1. Under what circumstances Emergency can be proclaimed? What are powers of the President during emergency period?

Q.2. Explain the difference between principles of policy and Fundament rights?

Q3. Discuss the Constitutional jurisdiction of high court under Article 199?

Q.4. Write a detailed note on the Composition of Parliament of Pakistan. Examine the advantages and disadvantages of bi-Cameral system?

Q.5. How the prime Minister is elected? Explain his Constitutional position and functions and the procedure of his removal.

Q.6. Write notes on:

(a) Council of Common Interest (b) Supreme Judicial Council.

                                              

                                                 PART II

Q.7. Critically examines and explains in detail the salient. Features of the Indian Independence Act?

Q.8. What was the Objective Resolution 1949? Has is been ected upon in practice?

Q.9. Compare 1956 Constitution with 1973 Constitution.

Q.10.Discuss the  case.

 “Maulvi Tameezuddin Khan Vs. Federation of Pakistan PLD 1955 Sindh 96.”

                         ------------------------------------------------------

Annual 2007

Subject Constitutional Law II

PAPER - 1

                                                   PART I

Q.1. Explain the principles of policy given under the constitution?

Q.2. Explain the compotation and function of provincial Assemblies?

Q.3. what is extraordinary jurisdiction of the high court?

(b) Analyse the writ jurisdiction under Article 1998 of the Constitution.

Q.4. Explain the safeguards provided in the Constitution against arrest and detention.

Q.5.Discuss in detail the procedure of making an amendment in the Constitution.

Q.6. Write notes on: (a) Speaker of the National Assembly. (b) Chairman of the Senate.

                                               PART II

Q.7. Discuss Maulvi Tameez-ud-Din case and briefly explain its implication on subsequent constitutional history of Pakistan.

Q.8.Give the facts, arrangements and the decision in the Asma Jillani’s Case.

Q.9. Discuss the salient features of the Indian Independent Act, 1947.

Q.10.What was Objective Resolution of 1949? Explain?

                -----------------------------------------------------

SUPPLEMENTARY 2007

Subject Constitutional Law II

PAPER - 1

                                                   PART I

Q.1. Describe the salient Features of 1973 Constitution?

Q.2. Write a comprehensive note on the President under the Constitution?

Q.3. Discuss the factors inhibiting Provincial Autonomy in Pakistan.

Q.4. Explain the provisions of emergency under Article 234 of the Constitution.

Q.5. Write notes on: (a) Advocate General (b) Chief Minister.

Q.6. Describe the Procedure of amending the Constitution.

                                                   PART II

Q.7. Discuss the case of Yousaf Patel Vs. Crown PLD 1995 S.C.387.

Q.8. Compare the Constitution of 1956 with the Constitution of 1962?

Q.9. Discuss the impact of Eighth Amendment on the Constitution History of Pakistan.

Q.10. Discuss the facts and the law laid down in Nusrat Bhutto’s Case

                           ----------------------------------------------

Annual 2008

Subject Constitutional Law II

PAPER - 1

                                                   PART I

Q.1. what is the role of principles of Policy? How these principles can be enforced?

Q.2. Write a detailed note on the president under Pakistan constitution.

Q.3. Discuss various kinds of emergencies and in whom the power is vested under the constitution?

Q.4. How the Prime Minister is elected? Explain his constitutional Position and functions?

Q.5. what is the extraordinary jurisdiction of High Court under Article 199 of the constitution?  Under what circumstances it can be invoked?

Q.6. Describe the qualification and disqualification of Members of the parliament under Constitution of 1973?

                                                  PART II

Q.7. what form of Government was established under 1962 Constitution? Give the causes of its failure.

Q.8. Discuss in detail the case of Maulvi Tameez-ud-Din Khan?

Q.9. Compare Constitution of 1956 with Constitution of 1973 ?

Q.10. Discuss the salient features of the Indian Independence Act, 1947 ?

                             ---------------------------------------------------------

SUPPLEMENTARY 2008

Subject Constitutional Law II

PAPER - 1

                                                   PART I

Q.1. Discuss the jurisdiction and powers of federal shariat court?

Q.2.What safeguards relating to arrest and detention have been provided in the constitution?

Q.3.What is the procedure of electing the President of Pakistan under the Constitution?

Q.4. Fundamental rights cannot be suspended. Yet there are occasions where the Constitution for suspension of certain fundamental rights. Discuss?

Q.5. Write a comprehensive note on any one of the following.

   (a) Supreme Judicial Council        (b) Chairman of the Senate

Q.6. Discuss briefly the position of the Prime Minister in the Constitution?

                                             PART II

Q.7. Describe the salient features of the Constitution of  1962.

Q.8. Discuss in detail dosso case.

Q.9. Explain the main features of Constitution of 1956.

Q.10. What was objective resolution of 1949? Discuss.

 Annual 2009

Subject Constitutional Law II

PAPER - 1

                                                   PART I

Q.1.  Discuss the role of principles of policy. How these principles can be enforced?

Q.2. What are the qualification and disqualification of the members of the Parliament? Discuss.

Q. 3. State the procedure of the election of the Prime Minister. What is his constitutional position and how is he removed from his office?

Q.4.what is the extra ordinary jurisdiction of a high court under Article 199? Under what circumstances can it be invoked?

Q.5. How the Supreme judicial Council is constituted? State its powers and functions.

Q.6.The Constitution of Pakistan is said to be a rigid Constitution. Give your comments on this statement.

                                             PART II

Q.7. Discuss the points where the Constitution of 1956 and the Constitution of 1962 fundamentally differ from one another.

Q.8. Discuss the case of “Yousuf Patel Vs. Crown.”

Q.9. State brief facts and the decision in federation of Pakistan Vs. Haji Saifullah Khan.

Q.10. Write notes on;

(a) The interim Constitution of 1972

(b) The P.C.O. 1981.

_____________________________________________________________

Annual 2010

Subject Constitutional Law II

PAPER - 1

                                                         

                                                  PART I

Q.1. What do you understand by Fundamental Right. Discuss Article 19 of the Constitution?

Q.2. Discuss qualification and disqualification for members of the State.

Q.3. What do you understand by Electoral college for the election of President as envisaged under the Constitution of Pakistan/ Discuss Powers of President regarding pardon.

Q.4. what are various types of jurisdiction of Supreme Court? Discuss original jurisdiction of Supreme Court.

Q.5. Discuss various kinds of emergency under the Constitution of Pakistan.

Q.6. Discuss the jurisdiction and powers of Federal Shariat Court.

                                             PART II

Q.7. Discuss in detail the salient features of the Constitution of 1962.

Q.8. Discuss Dosso case and its implication.

Q.9. Discuss the facts of the Benazir Bhutto Vs. President of Pakistan PLD 1992.

Q.10.Write down the salient features of Government of India Act, 1935.

Annual 2011

Subject Constitutional Law II

PAPER - 1

                                                            PART I

Q.1. The Constitution of Pakistan is “rigid constitution.” Kindly give your comments on this statement.

Q.2. How the President of Pakistan is elected? What are the conditions an terms of this office?

Q.3. what do you understand by fundamental right? Discuss them in detail.

Q.4. Discuss the jurisdiction and Power of Federal Shariat Court.

Q.5. What is extraordinary jurisdiction of High Court under Article 199? Under what circumstances it can be invoked?

Q.6. Write notes any two of following:

(a) Supreme Judicial Council    (b) Speaker of National Assembly

(c) Council of Common Interest     (d) Chairman of senate

 

                                             PART II

Q.7. Discuss in detail the case of Maulvi Tameez-ud-din Khan.

Q.8. What are the causes of failure of the Constitution of 1962? Explain.

Q.9. Discuss salient features of Indian Independence Act 1947.

Q.10. What is Objective Resolution 1949? Explain.

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“CHARACTERISTICS OF TORTS”

INTRODUCTION:- Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing and it is not the part of statue law.

GENERAL MEANING OF TORT:-

                        Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing and It is not the part of statue law.

MEANING:- The word  tort is derived from Latin word “Tortum” which means to twist or ‘Conduct’ which is twisted.

DEFINITIONS OF TORT:-

DEFINITION BY OXFORD DICTIOARY:-

Tort is a “private or civil Wrong”.

BY PHILIP JAMES:-

Tort is a private or civil wrong independent of contracts for which appropriate remedy is an action for UN liquidated damages.

WRONS WHICH ARE NOT TORT

(i)                 CRIMINAL WRONGS.

(ii)               BREACH OF CONTRACTS.

(iii)             BREACH OF TRUST.

(iv)             QUASI-CONTRACTUAL

EXAMPEL:-

“A” enters the land of “B” without permission of ‘B’ ‘A’ has committed Tort of trespass.

KINDS OF TORT

(i)                 Torts actionable per se.

(ii)               Torts actionable on proof of damage.

(iii)             Felonious Torts.

ESSENTIAL O TORT

I.                   LEGAL INJURY

Legal injury is violation of any of the legal rights or duties recognized by law.

II.               LEGAL DAMAGE

                    Legal damage as ingredient of tort is neither actual damage nor its necessarily pecuniary. Every unauthorized interference with legal right or violation of right to property would import legal damage.

CASE LAW:- MOGUL STEAMSHIP VS. MEGREGOR 1892:-

                            Proof of legal damage in it self without proof of legal injury would not be actionable under law of tort.

III.            LEGAL REMEDY

                        A person suffering a legal injury and damage can succeed under law of tort only if his case is covered by the recognized tort. The law of tort is said to be a development of the maxim “ubi ibi Remedium” which means there is no wrong without a remedy.

IV.             CIVIL WRONG;-

                      Tort is a civil wrong. An act which prima facie, appears to be innocent may become tortuous if it invades the legal right of another person.

V.                RIGHT FIXED BY LAW

The right which is infringed or violation must be a right which is fixed by the law independently of the consent of the parties.

POSITION IN PAKISTAN

In Pakistan there is no act of the legislation like penal code, criminal procedure contract Act etc. in Pakistan

OBJECTIVES

(i)                 To prevent men from hurting a whether in respect of their property person, reputation or any other thing else that is theirs.

(ii)               Practical aim of law of tort is to achieve a just settlement between the parties.

SOURCES OF LAW OF TORT

(i)                 Case Law or judge made law.

(ii)               Statutory provisions in different statues.

(iii)             Latin maxims

CONCLUSION

To conclude to it I can say Tort is a civil wrong which comes into existence, by some wrong act committed by the defendant and which must result in damage and also which in its turn gives rise to a legal remedy.