Summary
Highlights
Explanation of law books commonly found in lawyers' offices, including digests like PLD, CLC, and CMR, which contain reported judgments from the Supreme Court and High Courts. These judgments are crucial for legal research.
Reported judgments are significant court decisions that get published in law journals. The speaker uses the example of a presidential election date case to illustrate how a Supreme Court decision can be 'reported' and included in publications like the Supreme Court Monthly Review (SMR).
Discussion on the three main types of law books: bare acts (containing the law itself), commentaries (short or detailed explanations of the law with case law references), and digests (organized summaries of case laws).
Explanation of how case laws are referenced in commentaries, with examples of citations like “PLD 2020” and “CMR 1983.” These references point to the specific publication and year where the full judgment can be found.
Demonstration on how to use digests to find relevant case laws. The speaker shows how to locate a specific judgment by using its citation, such as “PLD 2015 Supreme Court, page 327,” and navigate the volumes and pages of the digest to find the full text.
Step-by-step guide on locating a judgment within a digest, explaining how page numbers are organized and how to find the specific case, such as the “Zohra Bibi case” in PLD 2015. Mentions that detailed judgments can span multiple pages.
Explains how to read judgments, focusing on relevant articles and references to other judgments. This helps in understanding the context and implications of the decision. Example provided using “Qanoon-e-Shahadat Order” and various articles.
Discussion clarifies that courts rely on the comprehensive text of judgments, not just headnotes (summaries). Headnotes are useful for initial screening to determine relevance before reading the full judgment.
Emphasizes the value of cross-referencing judgments to strengthen a case. A single judgment often cites other relevant cases, expanding the scope of research and potentially uncovering more supportive precedents.
Example scenario about whether a complaint can be filed if an FIR (First Information Report) has already been filed. This includes navigating Section 200 (related to complaints) of the criminal procedure code to find relevant commentary.
Demonstrates how to use commentaries on Section 200 to find case laws related to the filing of complaints alongside FIRs. Highlights key phrases and summaries in the commentaries, and provides references to specific cases.
Detailed walkthrough of finding a specific judgment, such as one referenced as “PLJ 2001 SC 94.” Instructions include checking various digests (like FSC and CRCs) and navigating to the correct year and page number, emphasizing the value of patience and attention to detail.
Explanation of how to apply the discovered case law to a specific legal issue. The speaker highlights the importance of adapting insights from a judgment and ensuring they align with the circumstances of the current case.
Explains how to research case law related to re-investigation, beginning with identifying the relevant section (156) in the Criminal Procedure Code (CrPC) and then using digests to find relevant cases.
Introduction to Pakistan Law Site as an easier method to search case laws. Acknowledges that the printed version of the judgements are considered valid in court. Mentions a future lesson of using the same.
Reminder to return books after use to their rightful place, emphasizing the need to have a comprehensive legal library available. A quick recap on the lecture.