plz clear the concept regarding these topics
Q1: what is difference b/w theft in p.p.c and theft in ordinance of 1979?
Q2: Make distinction b/w limitation , estoppal and prescription
Q3: Determine the relationship of PPC with Cr.pc and Q.S how do they act on each other in the dispensation of criminal justice in pakistan?

Ans1:
ppc is man made law and hadood ordinance is divine law, this distiction should be understand 1st.
now coming to the question, the difference is in their;

(1)Priority:
Theft is to be dealt with under Hadood Ordinance(HO) 1st, if, it does not come under the domain of Hadood Ordinance then PPC(Tazir) will be applicable.(see section 13 of Hadood Ordinance).

(2)Concept of Nisab:
the nisab for theft provided by Hadood Ordinance (4.457 grams of Gold, or other property having equal value) must be proved to bring the offence under Hadood Law whereas, no such concept of nisab is given in PPC.

(3)Mode of Proof:
atleast 2 male adult witnesses are required to prove theft under HO while no such limitation/restriction is provided by PPC.

(4)Tazkiya:
No tazkiya(credibility of witnesses in the light od Holy Quran and Sunnah) is required in PPC but it is necessary in theft under HO to prove the offence.

(5)Punishment:
Punishment for both the offences are different.

(6)Haraaba:
(see section 15), no concept of haraaba in PPC, but if person commits haraba and is not liable to hadd then he will be punished under PPC for the offence of robbery, decoity or extortion as the case may be.

(7)Proof of Haraba:
It is same as provided for Proof of theft under hadd.

(8)Presiding officer must be Muslim:
Presiding Officer must be muslim in Hadd cases whereas no such limitation is provided in PPC.

These are some of the basic distinctions, you may carve out more. Because of shortage of time, i am unable to reply for other questions at this time. I'll try to solve these soon.
Dua may yad rakna(this is an appeal to all my brothers and sisters). Best of luck.

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"Man is never Prepared for examination".Put in your best and hope for the worst...

thanx brother . i m really thankful for this favour . May ALLAH bless u in every moment of life!

thanx brother 4 this offer . i m waiting 4 ur answers of these Qz. ALLAH bless u !

THEFT LIABLE TO HADD;
INGREDIENTS,
1. The accused should be an adult.

2. He should have "surreptitiously" commited theft of property;

3. The property stolen should be of the value of NISAB or more not being stolen property;

4. The theft should be commited from HIRZ;

and

5. It should be in the knowledge of the accused that the property being stolen is or likely to be of the value of the NISAB or more;




SURREPTITIOUSLY-----
" person committing theft believes that the victim of theft is not aware of his action "

THEFT UNDER PPC
INGREDIENTS;

1. Dishonest intention to take property,

2. The property must be moveable,

3. It should be taken out of the possession of another person,

4. It should be taken without the consent of that person,

5. There must be some removal of the property in order to accomplish the the taking of it

subject to the HABIB bhai post,
i wud love to draw ur kind attention towards the majore difference between both is that



the THEFT in Hadd

there must be the concealment of the presence of the accused

like i highlited the word SURREPTITIOUSLY

its not necessary in the theft under ppc

NISAB


In HADD

if the stolen property is nt touching the value of nisab it will not fall in the ambit of HADD



In ppc


there is no such concept

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Cleverness is Serviceable for Everything,
But Sufficient for nothing.

Interpretation of Statute is the basic task of the judges and lawyers in Pakistan albiet, scholars attached this job with the judges only. While interpreting a topic, we weigh every pros and cons of the statute(Act, Ordinance, section, article or even a single word). But this the case when we are in courts and not in examination hall. Examiner wants a comprehensive answer without going into the minor details of the topic. It also save much of your time to answer without going into minor details. This policy should be adopted while giving Judiciary exam.
I am also thankful to ghazali who mentioned an important piont in distinction of theft under Hadd and PPC.There is always lacuna or vacuum in one person answer, which is to be overcome by discussion. I also advised aleesha to carve out more points of distinction.

__________________
"Man is never Prepared for examination".Put in your best and hope for the worst...

i m really thankful both of u (bro habib nd gazali) regarding this help. bro habib i ll try to point out more distiction b/w these, thanx 4 advise.u hv said that in judiciary exam the ans should be comprerhensive without going into minor details. now a days i m preparing my notes 4 ppc but i m still confuse abt length of Qz nd how i tackle these Qz. coz during writing i hv observed many sections that hv many ingredients to discussion but in 30 min it is not possible to do it same then wht u advise 2 me . my senior who has qulified recent judicary exam , she told me there is no need to go in detail ,the ans shld b precise .i m still in state of double mind regarding method that s why i put these Qz.

Aleesha sis what i did in my LL.B and rest of the exams is here for you:
1- pick main ingredients.(It should not exceed 7 or 8 coz it consume much of your time by replacing black marker for heading and blue for explaining).

2- give detail of each heading/ingredients in not more then 2 or three line (of register)

3- give short intro and conclusion(3 to 4 lines max).

4- mention at least two quotation/definition/meaning.

5- if possible, one illustration/case law. (not more then 2 lines of register.try to mention short verdicts of case laws without mentioning facts of the case,)

By mentioning all these u will be able to answer the question completely. Now some questions have punishment like in PPC so it is important for good score to mention it.

Don,t bother about the size of questions as examiner knows, how much a student could write in 30mints.
these are general tips, now if, you are able to explain your question under these rules within the span of 30 min then its ok. if it take 25 mints then mention OBJECTS AND IMPORTANCE of the given question(section) or whether appeal lies or not(in case of CPC) etc.
Try to increase your writing speed. your answer should be in understandable writings so no need to give it extra touch of beauty.\

I don't know the questions which disturb u in matter of time and length but let me put the question of theft.

Intro
meaning(dictionary meaning)
Definition in PPC
give bullet points to all ingredients.
Definition in Hadood Ord
Concept of theft in Islam(Here you can mention the ingredients of theft mentioned in hadood ordinance, in bullets)
Object and Importance: (here mention object of section(for theft) and its importance in not more then 3 lines)
Distinction between theft in ppc and hadood ordinance.
1- priority
2-concept of nisab
3- mode of proof
4- tazkiya
5- punishment
6- haraaba
7- proof of haraaba
8- presiding officer must be muslim.
Conclusion.

If these are not sufficient for you then, mention headings of your question like i did so i'll be able to scrutinize it and carved out irrelevant material. mention only that one which exceeded its time limit.

__________________
"Man is never Prepared for examination".Put in your best and hope for the worst...

sir habib orakzai sb,
can u plz differentiate between murder and culpable homicide?or any other who knows....

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After every failure there is a success waiting 4 u so do,nt lose heart and keep hard working ALLAH will help u.Malik Hassan Raza Ghallu Advocate.

Murder:-The unlawful killing of another human being without justification or excuse.

Culpabale homicide:- The Pakistan Penal Code (PPC) in earlier form included the offence of culpable homicide for acts of homicide resulting from the infliction of intentional harm upon a person.

Section.299 Culpable Homicide

Amendments in recent years have replaced the specific phrase "culpable homicide" within those sections and introduced terms from Sharia Law.

The current equivalent section is :-

300. Qatl-e-Amd:

Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.

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