Law: Constitution of Pakistan, 1973

Section: 4,14

(a) Precedent---Every must be read as applicable to the particular facts proved, assumed to be proved --- Generality of the expressions which may be found in the are not intended to be expositions of the whole law, but governed an, qualified by the particular facts of the case in which such expressions are to b found --- A case is only an authority for what it actually decides and it cannot b~ quoted for a proposition that may seem to follow logically from it. Quinn v. Leathem 1901 AC 495, 506 ref. (b) Damages--­---- --Damages are awarded not to punish the wrongdoer but to compensate the man injured. H. West & Sons Ltd. v. Shepherd 1964 AC 326, 342 ref (c) Malicious prosecution-- ---- Damages --- Action for damages for malicious prosecution is part of English common law. Muhammad Amin v. Jogendra Kumar Bannerjee and others AIR 1947 PC 108 ref. (d) Precedent- ---- Privy Council decisions though are still entitled to great respect, yet the basis on which the common law of England was applied namely the binding effect of Privy Council decisions under Government of India Act, 1935 and under the guise of principles of equity justice and good conscience have long ceased to be valid in Pakistan. Bilbhaddar Singh and another v. Badri Shah and another AIR 1.926 PC 40; Raja Baraja Sunder Deb and others v. Bamdeb Das alias Pattanaik and others AIR 1944, PC 1 and Muhammad Amin v. Jogendra Kumar Bannerjee and others PLD 1947 PC 95 rer. (e) Common law --- ---- Common Law of England is not, and cannot be, the common law or the national law of Pakistan as it is governed by written Constitution and has an ideology based on Islam. Abul Ala Mudoodi's case PLD 1904 SC 673 ref. (f) Malicious prosecution--- ---- Suit for malicious prosecution is a suit of a civil nature within meaning of S. 9, C.P.C. and resort to the common law of England is unnecessary --- Civil Procedure Code (V of 1908), S. 9. Muhammad Akram v Farman Bi PLD 1981) Lah. 200 and Muhammad Akram v. Farman Bi PLD 1990 SC 28 ref. (g) common law--- ---- Common Law of any country must almost invariably march in step with common sense; it must accommodate "the felt necessities -of the times"; for, it is a…

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