Mental Health Ordinance 2001

CONSTITUTIONAL POSITION AND REASONS

·        Replaces Lunacy Act 1912

o   A more sensitive law

o   Sensitive treatment of mental illness – omission of words like “idiot” or broad generalizations

o   Larger role for qualified professionals such as psychiatrists to determine mental illness and scope of mental illness

·        The need for regulation

o   Property/Estate Management

o   Management of the patient

·        Health a provincial subject after the 18^th Amendment

·        Mental Health Ordinance creates

o   a Mental Health Authority

o   Board of visitors

o   Court of protection

·        Confusion around the Mental health in terms of jurisdiction

 VOLUNTARY AND INVOLUNTARY TREATMENTS

Voluntary treatment: Any person suffering from a mental illness who seeks treatment voluntarily or whose relatives bring him/her for treatment or if a doctor has referred him/her for treatment and the person with mental illness consents to treatment will be examined by a psychiatrist and given appropriate treatment or recommendations. Assessment and/or treatment will be administered only after receiving informed written consent from the person with mental illness, or if it is a minor then by the guardian, or if an adult who by virtue of his mental state is not able to give consent, then by his/her spouse or nearest relative. The person giving consent may withdraw his/her consent for treatment at any time.

Changing terms of contract after public tender

By Yasser Latif Hamdani

1.      Commission of the European Communities v Kingdom of Denmark European Court reports 1993 Page I-03353

      (Grand Chamber of the ECJ)

On Paras 34-45

34 In its reply the Commission based its claims on a series of provisions in the final version of the contract which, in its view, constituted amendments to the tender conditions and had some effect on prices. However, as was explained above (paragraphs 14 and 15), only the amendments relating to Condition 3, Clause 3, of the general conditions may be taken into consideration by the Court.

Section 151 of the Contract Act 1872 (India and Pakistan)

Section 151 of the Contract Act 1872 says: “In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed.”

1.       “Section 151 which refers to all kinds of bailment includes also pledges. Hence a pledge is also liable to the incidents of a bailment such as the duty to take requisite care” Thanwarin Noharsingh v. Darbarilal AIR 1952 Nagpur 8

2.       Bank claiming loss as pledged goods were damaged or destroyed due to natural decay while in custody of bank-…. Bank cannot disown liability 1998 …A clause in the pledge deed that the “pawnor shall be responsible for all losses, damages or deterioration of goods caused by theft, fire, rain, floods earthquake lighting, enemy action, international commotion or any other cause” does not exonerate the liability of the pawnee where goods were lost due to his negligence  because the clause provides him protection only when goods are lost due to causes beyond his control. 1998 (2) Guj LH 204

3.       Share certificates and bank transfer forms are goods.  Jamshed Naoroji Gamadia v. Maganlal Bankeylal AIR 1925 Bombay 314

Process of appointment of superior judiciary in Pakistan Part I

 By Zeeshaan Zafar Hashmi

The issue of appointment of the superior judiciary in Pakistan came into the limelight recently with the passage of the Eighteenth and Nineteenth Amendments to the Constitution of Pakistan. The aim of this article is to elucidate the mechanism for appointment of the superior judiciary in Pakistan before and after the passage of these amendments.

Before the Eighteenth Amendment

Prior to the promulgation of the 18^th Amendment, the appointment process for Supreme Court judges was pursuant to Article 177 of the Constitution and that of High Court judges to Article 193. The relevant portions of these articles are reproduced hereunder:

An overview of intellectual property laws in Pakistan

Book Recommendation: Emanuel Law Outlines: Intellectual Property

By Muhammad Kamran Sharif LLB (Punjab) LLM (London)

1. INTELECTUAL PROPERTY
Intellectual Property laws include the copyright laws, patent laws and trademark laws. Intellectual Property is often the most valuable and least protected asset of many businesses and creative individuals. This area of law protects the work of creative individuals and businesses and protects such creation from unauthorized use or exploitation by third parties. By utilizing Intellectual Property laws, creators and innovators can fully protect and benefit from their creations.

Due Process and Blasphemy Law

Perhaps the most interesting legal development through the 18th Amendment to the constitution of Pakistan was the introduction of Article 10-A, which reads: “For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process.” This article exists under the unceremonious heading of ‘Right to fair trial’ but is nothing less than a revolutionary concept for a country like ours where liberty has so often been the victim of expediency, state oppression and the tyranny of the permanent majority. What it does — and, unfortunately, this is not appreciated enough by our jurists — is create within our constitution the idea of substantive due process above and beyond procedural due process that its heading seems to betray.