Law: Constitution of Pakistan, 1973

Section: 4

(a) Sindh Tenancy Act (XX of 1950)--- ----S.2 (2) & (5)---Tenant and tenancy (Hari)---Tenant, rights of---Scope---Labouring (tenancy) is a contract where one agrees to provide his services (doing hard physical work) against certain considerations which, in no law, is an offence till the time the object (labour) is legal---Purpose of labouring could be nothing but to earn a livelihood for needs of one's self, including his family but same must never be at the cost of his liberty, life and dignity which otherwise are considered unalienable rights of a free man, which a man even with his consent, cannot trade---Where one becomes a Hari (peasant) he otherwise agrees to provide his services against certain consideration which landlord/Zamindar is always legally obliged to provide---Existence of a contract between the two (Hari/peasant and Zamindar/landlord) wherein rights and obligations are presumably agreed---Mere naming of such rights and obligations as Sindh Tenancy Act, 1950, were never of much importance as the same were already presumably agreed between two individuals unless Sindh Tenancy Act, 1950, had provided mechanism of enforcement of rights and obligations coupled with an action in case of breach. (b) Constitution of Pakistan--- ----Art. 4---Protection of law---Livelihood (Rozi)---Scope---Rozi/ livelihood is never confined to bread only but it always includes unalienable guaranteed Fundamental Rights which include but are not limited to liberty and dignity. (c) Administration of justice--- ----"Court" and "tribunal"---Distinction---Both Court and tribunal make judicial determination therefore both can be termed as synonyms to each other to such an extent---If creation of tribunal is meant "to impose liability or to affect the rights" then such tribunal, though constituted under special enactment for specific purpose (issue) would fall within the meaning of a "court"---Any "Authority", even if named as Tribunal may not necessarily fall within the meaning of a "Court" but only those Tribunals fall within such definition which are to exercise judicial power thereby passing a conclusive determining rights and liabilities capable of being enforced by…

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