Pakistan Bar Council Legal Education Rules, 1978

PAKISTAN BAR COUNCIL LEGAL EDUCATION

RULES, 1978

19^th November, 1978

            In exercise of the powers conferred by Sections 13. (i), 26 (d) and 55 (q) of the Legal Practitioners & Bar Councils Act, 1973 (XXXV of 1973) and all other enabling provisions in this behalf, the Pakistan Bar Council hereby makes and notifies the following Rules.

CHAPTER 1

PRELIMINARY

1. (i)         These rules may be called the “Pakistan Bar Council Legal Education Rules, 1978”

(ii)        They shall come into force with effect from 21^st October, 1979.

Provided that the admissions held before 1^st September, 1992 shall be governed by the practise and Rules as before.

2. In these rules unless there is anything repugnant in the subject context-

(a)        Act means the Legal Practitioners and Bar Council Act, 1973 (XXXV of 1973).

(b)        Section means a Section of the Act.

(c)        University means a University established by law in Pakistan and having a faculty of law.

CHAPTER II

LEGAL EDUCATION

(a)        Graduates with law as optional subject *[shall] be preferred for admission to LL.B (Part-1);

Provided that the Universities should introduce law as optional subject in B.A Courses

(b)       Admission to LL.B. (Part-1) shall be on merits].

(c)        Subject to the provisions of sub-rules (a) and (b) above, 10 percent seals in a College shall be reserved for the sons/daughters of Advocates who shall compete for admission in the order of merit inter se.

(d)       A candidate is not eligible for admission to a law course if:-

(i)        he had been convicted of an offence involving moral turpitude.

(ii)       he has been dismissed or removed from service of Government, any local Authority or institution incorporated by the Government under any statute for corruption or misconduct].

4. NUMBER OF STUDENTS:

A Section of a Class in a Law College and/or a Faculty of Law shall comprise of not more than 100 students.

5. DURATION OF COURSE:

(a)       The duration for the course of LL.B. shall be not less than 3 years.

(b)        Deleted

(c)         Deleted

6. Syllabus:

The syllabus for the LL.B Examinations shall include the subjects prescribed and set out in the schedule hereunder.

7. STAFF:

(1)        Part-time teachers should possess the following qualifications:-

LL.B. or Barrister-at-Law or equivalent qualification with five years standing at the Bar;

Or

LL.M. Ph.D. or equivalent qualification or other higher qualification as may be prescribed].

(2)                    The teacher shall be governed by the terms and conditions of service prescribed in this behalf by the respective Universities.

8. LIBRARY:

A Law College or Faculty of Law shall have a Library of its own of not less than 5000 standard Law books covering all the statutes Federal and Provincial.

9. MEDIUM OF INSTRUCTION:

Deleted

10. CLASS HOURS:

Deleted

11. ATTENDANCE:

The minimum attendance percentage for students shall be 75 percent.

12. EXAMINERS:

Deleted

13. PASS PERCENTAGE:

(a)        The pass percentage shall be 40 percent in individual papers and 50 percent in aggregate.

(b)        There shall be only two Divisions- Ist and 2^nd.  Those who obtain 60 percent or more marks shall be placed in 1^st Division.

14. EXAMINATIONS:

(A)         Only failed candidates and those placed in compartment shall be allowed to avail of the Supplementary Examination.  However, a student placed in compartment shall not be permitted in the next University higher examination without having passed all the papers in which he had failed].

(B)         One who fails thrice in an Examination shall be debarred from appearing in further examination.

Provided that if a student fails to appear at an examination within 3 years after completing his terms, he shall not be allowed to appear in the examination.

CHAPTER III

INSPECTION

15. Board of Studies and Faculties of Law, etc.

(a)     The Pakistan Bar Council and the Provincial Bar Councils shall be given adequate representation on the Board of Studies.  Faculties of Law, Board of Governors and other organizations set up for governing the Law Colleges and/ or Faculties of Law.

(b)     All the Law Colleges and/or the Faculties of Law where Legal education is imparted shall be inspected by such inspection terms that may be appointed in this behalf by the Pakistan Bar council.

(c)     The inspection tams so appointed by the Pakistan Bar Council shall comprise of Members of the Pakistan Bar Council, a judge of the High Court and two Principals/Professors/Associate Professors of Law from the University.

(d)    The Teams so appointed may inspect teaching and general working of all the Law Colleges and/or Faculties of Law where teaching is imparted to ensure the compliance with these rules.

(e)     The Pakistan Bar Council may in the event of any of these rules not being complied with by a college or University, may after giving due opportunity to show cause, de-recognise the degree of such University.

 

 

CHAPTER IV

16. The Pakistan Bar Council may in consultation with the Provincial Bar Council and the various Universities amend and/or add to these rules as and when expedient.

SCHEDULE

LL.B.(Part-1)

PAPER 1        [ENGLISH] JURISPRUDENC.

PAPER II       LAW OF CONTRACT:

PAPER III      ISLAMIC JURISPRUDENCE.

PAPER IV      LAW OF TORTS AND EASEMENTS:

PAPER V        CRIMINAL LAW:

[(1)     General Principle

(2)       The Pakistan Penal Code, 1860.

(3)       Hadood Ordinance].

PAPER VI      CONSTITUTIONAL LAW-1

[(1)     The British Constitution.

(2)         The U.S. Constitution.

LL.B. (Part-II)

PAPER 1        CONSTITUTIONAL LAW-II;

[(1)         Constitutional History of Pakistan;

Constitution of Pakistan].

PAPER II      EQUITY:

(1)               Principles of Equity

(2)               The Trusts Act, 1882.

(3)               The Specific Relief Act.

PAPER III      MERCANTILE LAW:

(1)         The Companies Ordinance, 1984.

(2)         The Negotiable Instruments Act, 1881.

(3)         The Partnership Act, 1932.

PAPER IV`     LAW OF TRANSFER OF PROPERTY:

(1)       The Transfer of Property Act, 1882.

(2)       The Registration Act, 1908.

(3)       The Succession Act, 1925.

(4)       The Land Acquisition Act, 1894.

PAPER V        ISLAMIC PERSONAL LAW:

(1)     Muslim Personal Law and relevant enactments/ Quranic verses.

(2)        Islamic Pre-emption Laws.

(3)        The Guardian and Wards Act, 1890.

PAPER VI      INTERNATIONAL LAW:

(1)        Public International Law

(2)         Private International Law  (Conflict of Laws).

PAPER VII     SPECIAL AND LOCAL LAWS:

(1)     West Pakistan Land Revenue Act,  1967.

(as adopted in respective Provinces).

(2)           Tenancy Act.

LL.B. (Part-III)

PAPER 1        CIVIL PROCEDURE:

(1)           The Civil Procedure Code, 1908.

(2)           The Limitation Act, 1908].

PAPER II       CRIMINAL PROCEDURE:

(1)     The Code of Criminal Procedure, 1898.

(2)           Medical Jurisprudence (Autopsy and injuries).

PAPER III      LAW OF EVIDENCE:

(1)         Qanoon-e-Shahadat Order, 1984.

(2)         Elements of Legal Ethics.

PAPER IV      CONVEYANCING AND PLEADINGS;

(1)     Conveyancing

(2)      Pleadings

(3)      Interpretation of Statutes.

(General Clauses Act, Sections 6,16,21 & 26 and selected topics)

PAPER V       ADMINISTRATIVE LAW:

(1)     Principles of Administrative Law.

(2)     Administrative Tribunals;

(3)      Laws of Civil Service].

PAPER VI      MINOR ACTS:

(1)     The Stamp Act,  1899.

(2)      The Suits Valuation Act, 1887.

(3)      The Court Fees Act, 1870.

(4)      The Arbitration Act, 1940.

(5)     Urban Rent Law].

PAPER VII     LABOUR AND TAXATION LAWS:

(A)         Labour Laws;

(i)        Workmen Compensation Act, 1923.

(ii)       W.P. Standing Orders, 1968.

(iii)      Industrial Relations Ordinance, 1969.

(B)          Taxation Laws:

Income Tax Ordinance, 1979

NOTE:

A Course of lectures on Legal Ethics and Medical Jurisprudence shall be compulsory for the final year students.