Definition and explanation of terms Res-gestae,Act,Ordinance,Code,Statute,Manual,Article,Section,Rules

 


1. Res-gestae

Res-gestae is a Latin term that means “Things done”. It is a rule applied to the law of evidence and is an exception to hearsay evidence Article 71 of QSO says that oral evidence must be direct but rule Res-gestae as provided in Article 19 is an exception to this article. It is a spontaneous expression of facts, words, or sentences made by a person immediately after an occurrence or event. These are the words that are immediately spoken by a person after the event and he had no time to construct a false starry.


It is a general rule that when a person describes anything by on relying on the deposition of others, it cannot rely on but that deposition becomes relevant when it is said just after or before an event itself is under question, like in a murder case, deceased said to his wife that his partner threatens him to sign a document.

After an hour that person is murdered in office and his words deposed by his wife can be relevant under Article19.

2. Act

Act means a law passed by the parliament through adopting proper legislative procedure, and bossiness, after obtaining approval and consent of the parliamentary committee, Lower House, and Upper House of the parliament, for example, Anti-Terrorism Act.


3. Ordinance

A Law made by the President / Competent Authority in absence of a Legislature/ Parliament or in an acute emergency state for a specific period which later on expires or the Parliament gives consent which becomes permanent law. It has a life of 120 days and it is extendable one time by the President and parliament may reject, set aside, or may give consent to it, Parliament may convert it into an act by adopting/passing in the parliament.



4. Code

A set of secondary laws (other than Constitution) especially made and uniformed in a single code/ bare aiming at effective applicability and regulating the procedure of Forums/ Courts and specified outcomes/punishment/ for example, Pakistan Penal Code and Criminal Procedure Code.

5. Statute

A comprehensive term used for different laws including acts, ordinances, and others.

In other words, the law has the protection of the constitution.

6. Manual

It is neither a legal term nor a kind of law but it is a general term used for a compendium/ compilation/ ins cyclopedia of laws of a specific field/profession or department, containing all the relevant laws and rules. For example Manual of Jail Laws, and Manual of Military Laws.



7. Article

A legal term used for divisioning and portioning of basic and fundamental law/direct legislation by a Parliament, within a Major Primary Law of a country or a company. For example constitution of Pak, Articles of Association of any company/organization of any Company/ Organization, etc.

8. Section

A term used for division and portioning of secondary laws of a state, next to the constitution. Providing definitions, regulating procedure and punishment, etc. for example Sec.302 PPC

9. Rule

A legal term used for division and partition of laws made by the Competent Authority having delegated powers of legislation for regulating the internal affairs of the department/ Organization to achieve tasks assigned by the Constitution. For example, under Article 191, of the Constitution.

         

 


law and learning by Nasra ikram

I am an attorney in Pakistan, Practicing law since 2009 and M.A Political Science. I’m a dedicated and experienced lawyer offering my services to assist clients with drafting contracts, agreements, Will, Deed, Cease and Desist letter and others with understanding of complexities of legal requirements, intellectual property, review documents and legal consultation on all types of litigations i.e. Family, Civil, Banking and others I'm also freelancer at Upwork and Fiverr My others skills are: I. Content Writing II. Website Development III. Graphic Designing IV. Virtual Assistance V. Ecommerce VI. WordPress VII. Video Editing VIII. Autocade I'm also tutor and teaches LLB all subjects.

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