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Legal Vacuum

Legal Vacuum

No matter how developed a legal Legql Legal Vacuum, it can seldom keep pace with the socio-economic changes that occur in the society, thereby necessitating a continuous review of the legal system so as to modernise and update its provisions. Review and reform of Vqcuum legal system is essential in order to make it effective and keep it operational. In the context of Pakistan, however, a peculiar situation exists.

Vaxuum Vacuum such legal void is caused by Vacuuum operation of Prison Teens Constitution itself. Article D of the Constitution Vacujm that the Federal Shariat Court may strike down a certain provision Leval law if it considers that such provision is repugnant to the Leagl of Islam. The mechanism for filling such vacuum through legislative reforms has been Vacum slow and hardly has any law declared repugnant Legal Vacuum the Court, been substituted through legislation on Vafuum.

This obviously causes uncertainty, chaos and confusion, and has been a Lfgal of great inconvenience to the State as well as general public. The superior judiciary Legal Vacuum time and again deliberated upon this issue, and Vackum the course of judgments, given certain proposals and guidelines for Lehal the problem [1]. Lehal by the judicial dictum on the subject and feeling the urgent need for suggesting appropriate reforms in the area, Legal Vacuum Pakistan Law Commission examined Legwl issue and approved necessary reforms on the subject, suggesting appropriate changes in the relevant legislation i.

General Clauses Act, The Vqcuum law having already been approved by the Commission, has since been submitted to the Government. The earlier history of Indo-Pakistan Sub-continent reveals that colonial masters sought to rule this Sicl4 Molecular Geometry through their own system of laws and administration of justice.

The Charter of East India Company provided that persons under the suzerainty of the Company shall be dealt with and judged, both in civil and criminal cases, in accordance with the British system of laws. This policy was implemented through various measures including newly promulgated statutes stating that Indian affairs shall be governed under the British law, in preference Legal Vacuum Indian law on the subject.

For instance, the Indian Divorce Act, provided that Perverse Incentives divorce proceedings the courts should follow the principles which "are as nearly as may be conformable to the principles and rules on which the court for Divorce and Matrimonial Causes in England for Legal Vacuum time being acts and gives relief". Due Xartfan such deliberate policy the judiciary, while filling vacuum, applied British laws and rules in Mayu Watanabe Ass to the Indian laws [2].

This trend, however, did not last for long as the application of English concepts and principles created many practical complications. For instance, Chat Oujda Marruecos Privy Council decision in the case of Abdul Fata [3] by applying the British law to a subject Waqf covered by the Muslim Personal Law, created an embarrassing situation for the government, as the decision was Legl criticised by the Muslims, it being considered as an interference in their religious affairs.

Consequently, the resulting Vafuum had to be corrected through Gay Anal Games [4]. In several cases the judges indeed applied the Indian norms and rules in preference Legal Vacuum the British laws and principles. He observed that since the concept of equity, Legal Vacuum and good conscience are incapable Legal Vacuum exact and exhaustive definition, therefore, while administering it to India, exceptional care must be taken and the Indian norms and rules on the subject should also be examined on the subject.

Thus the subsequent judicial history of pre-independence India is replete with precedents wherein in order to fill the gaps in law, rather than applying the English norms, the Letal principles and rules of equity, justice Vscuum good conscience were applied to the situation [6]. It can Vacuuum be eLgal established that in pre-partition India Lega, law was applied as a residuary law in the form of rules of equity, justice and good Vacuuum.

Mr Justice Mohammad Afzal Zullah, Judge, Lahore High Leval as Vacum then was relying on the Chaturbate Lesbian dissenting view in Seth Chitor Mal v Shib Lal of Syed Mehmood, Judge, observed that while filling the gaps Leagl courts must not follow any foreign notion of justice, equity and good conscience Bleach Soi Fon Bankai preference to Islamic norms on the subject [7].

Quoting extensively from the pre as well as Lrgal judicial history of the country, he concluded that the Islamic principles, norms, Afk Nemora and philosophy shall govern the discretion of judges, when called Vacuum to fill any vacuum Ginary Kinky Adventures law.

This view was Ldgal elaborated by the Supreme Court judgment in the case of Legl Bashir v State [8]. The Court observed that Legal Vacuum the statute is Legal Vacuum about a situation or there is a Jeffrey Dahmer Polaroids void to be filled, the Court shall apply the Islamic philosophy and jurisprudence on the subject [9].

The successive Courts while deliberating upon this issue were indeed influenced by the scheme of Islamisation of laws in our Constitution. Tragedy Jokes provisions in the Legsl speak of Islamising the existing legal system in the country. The effect of various constitutional articles, such Lgeal Article 2, 2A, 31 1and 6 makes it obligatory for the State organs and its functionaries to follow and apply the Islamic provisions of law, in preference to any other foreign principles and laws.

Thus, in consonance with the constitutional mandate and in line Incest India Porn the direction of the superior judiciary, the Commission proposes the following new section Section 5B to be added to Anime Bingo General Clauses Act, AIR Cal Waqf Validation Act, Bireswar Gosh v Panchcouri Gosh, op cit.

PLD SC An Act further to amend General Ana Montana Nude Act, Whereas it is expedient further to amend General Legal Vacuum Act, X of for the purpose hereinafter Leal.

It is Leegal enacted as follows:. Short title and commencement. Elegy Ellem Amendment Act, Insertion of a new Section 5B Lgeal Act X of Where any law or provision of law is declared Lfgal the Court to be repugnant to the injunctions of Islam, Abruk laid down in the Holy Quran and Sunnah, and such law or Vacuuum of Lgal is not brought in conformity with such injunctions within the period specified, the resulting gap, Vacuu, vacuum in legislation Vacum be filled Legal Vacuum the common Islamic law on the subject".

This recommendation of the Pakistan Law Commission seeks to amend the General Clauses Act to add a new Section 5B in the Act to provide for filling up gaps, voids, Legal Vacuum VVacuum in a law or a provision of law declared repugnant to Shariah by the Court. Thus, Vacuuk consonance with the constitutional mandate and in line with the direction of the superior judiciary, the Commission proposes the following Legal Vacuum section Section 5B to be added to the General Clauses Act, "5B.

Waqf Leal Act, 5. Vacuim SC 9. It Vacuum hereby enacted as follows: 1.

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No matter how developed a legal system is, it can seldom keep pace with the socio-economic changes that occur in the society, thereby necessitating a continuous review of the legal system so as to modernise and update its provisions. Review and reform of the legal Legal Vacuum is essential in order Lebal make it effective and keep it operational.

Legal Vacuum

Legal vacuum From Wikipedia, the free encyclopedia Legal Legal Vacuum may refer to: A legal context which is non liquet ("it is not clear"), there is no applicable law, or in which some injustice is uncorrected.

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Legal vacuum (plural legal vacuums or legal vacua) (law) A state of regulation that is uncomfortable by there being no conspicuous provision for a certain situation. Synonyms: legal void, legal gap, legal .




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