Advocate Aamir Ali Rana

21/09/2022

19/09/2022

"Our Constitution, as a whole, does not distinguish between a person with or without disabilities. It recognizes inherent dignity of a human being; equal and inalienable rights of all the people as the foundation of freedom, justice and peace. Every person is entitled to all the rights and freedoms set forth therein, without distinction of any kind. It, therefore, applies equally to persons with disabilities, guaranteeing them full enjoyment of their fundamental rights without discrimination."

–Syed Mansoor Ali Shah, J.

Above mentioned excerpt is quoted from a case titled as Malik Ubaidullah Vs. Government of Punjab, etc; Civil Petition No.140-L of 2015; Decided by a larger bench of the Supreme Court of Pakistan on 14.07.2020.

19/09/2022

Practicing lawyers in ICT↙️

No need to file Writ Petitions against interlocutory orders of Rent Controllers in Islamabad anymore.

As per newly amended Section 21 (2) of Islamabad Rent Restriction Ordinance 2001, "An appeal may lie from an interlocutory order passed by the Controller."

16/06/2022

America’s lack of family support rests on a false assumption: that providing help discourages parents from taking responsibility for their children.

15/06/2022

or or any other persons, who are deeply interested in animals and their rights, have a look at this decision of the State of New York Court of Appeals, in the matter of Nonhuman Rights Project v. James J. Breheny.

In this case, the Court of Appeals has affirmed the lower court's decision in which the lower court dismissed a writ petition of habeas corpus that was filed for an elephant named as "Happy" for its illegal detention/custody.

Click on this link to access full judgment of the above mentioned case.
https://drive.google.com/file/d/1swmNUlxx-zH2c9rP0I9-gBlcuH_UAXKY/view?usp=drivesdk

11/06/2022

Criminal Law Jurisprudence in the Supreme Court of 🇵🇰

Tagline:
"Effect of Compromise on Sentencing in Non-compoundable Offence"

Case Title:
Moinuddin, etc. …Appellants
versus
The State, etc. …Respondents

Present:
[Asif Saeed Khan Khosa, CJ (Author Judge); Mushir Alam, Manzoor Ahmad Malik, Sardar Tariq Masood, Ijaz Ul Ahsan, Mazhar Alam Khan Miankhel and Syed Mansoor Ali Shah, JJ.]

Date of Hearing: 02.04.2019

Excerpt:
"An offence which the law declares to be non-compoundable remains non-compoundable even if in a coordinate compoundable offence a compounding takes place between the relevant parties and, therefore, despite any compounding of the coordinate compoundable offence an acquittal cannot be recorded in the non-compoundable offence on that sole basis…In an appropriate case, keeping in view the peculiar circumstances of the case, compounding of a coordinate compoundable offence may be considered by a court towards reduction of the sentence, within the permissible limits, passed for commission of a non-compoundable offence. Consideration of this factor visà-vis reduction of the sentence passed for commission of the non-compoundable offence lies within the discretion of the court and cannot be treated as automatic or as a matter of course."

Download complete judgment ⬇️:https://www.supremecourt.gov.pk/downloads_judgements/c.a._1772_2008.pdf

(Source: Research Centre, Supreme Court of Pakistan, Quarterly Case Law Update, Volume 1, Issue-II (October –December- 2019))

© Vakrono

12/04/2022

"That constitutional interpretations have changed over time is a fact that calls out for explanation. The American Legal Realists, whose work is fundamental to my understanding of law generally, offered an account of "law" that made the fact of variation over time intelligible. One version of one of their key points came into Critical Legal Studies as the "indeterminacy thesis." According to that thesis, the words used in authoritative sources of law – constitutions, statutes, codes, judicial decisions – were never sufficient to resolve, as a matter of simple linguistic meaning, socially significant legal controversies. There might be easy cases, ones whose outcome was clearly and uncontroversially determined by the legal sources, but easy cases are, as I see them, never socially significant. The Legal Realists argued that when the authoritative sources did not alone determine the outcome of a specific interpretive controversy or the application of those sources to a specific problem, decision-makers had to rely on what the Realists called policy, which Critical Legal Studies redescribed as politics. "

–Mark Tushnet

(Constitutional Law: Critical and Comparative)

Footnote: "And, when something that once seemed to be an easy case becomes a matter of real social controversy, lawyers will begin to develop credible arguments that the legal sources actually do not determine any specific outcome. This point is the residue of my earlier position, which probably overstated the range within which legal results were indeterminate."

09/04/2022

“Court cannot base its judgments on the anticipated consequences of its decision, else court will be reverting to the malignant 'doctrine of necessity' which has already been buried because of valiant struggle of the people of Pakistan”

–Supreme Court (PLD 2012 SC 466)