BBA-5B

LAW
PRESENTATION
QUAID-E-AZAM AS
MAGISTRATE
BOOK WAS WRITTEN BY
Professor Riaz Ahmed

Collected all the information for 73

cases as a part of his PhD thesis
titled Quaid-i-Azam Mohammed
Ali Jinnah: the formative Years
1892-1920 at Quaid-i-Azam
University, Islamabad
 CASE # 1

Theft of government property

 LEGAL TERMS
ACCUSED = A person who is charged with crime in court of law.

SOLICITOR = A type of lawyer in Britain who is trained to prepare cases

and give advice on legal subjects and can represent people in lower
courts.

DISCRETION= It is a power of judge/ Magistrate to make decision on

particular matter based on his opinion with in legal guidelines.

C.P.C = CRIMINAL PROCEDURE CODE

SENTENCE = It is a decree of punishment against accused person.

DECREE = an official order that has the force of law.

RIGOROUS IMPRISONMENT: imprisonment with hard labor.

SUMMARY
 10th MAY

The case is about JIVANJEE DADABOY who work

as carpenter in Government Dockyard.
He is charged with theft of brass mould of
Rs 7.
Sold two of them on Saturday to
Marwari(Suna Vana) for Rs 1-4 and sold some
more on Tuesday for Rs 2-7.

Wife and children of accused appealed for mercy from court on

ground that low salary and large family to maintain had forced
accused to commit offence.

MR. ARDSHIR FRAMJI UNWALLA, Solicitor of Accused asked

court to exercise discretion.
From Criminal Investigation it was appeared that it was
accuseds first offence.
 FINAL
JUDGEMENT
 Magistrate on the basis of CPC
under section 562 fined the
accused RS 100 or in alternative
sentenced him 3 month rigorous
imprisonment.
CPC An act to consolidate and
CRIMINAL PROCEDURE amend the law relating to the
CODE 1898 Criminal Procedure.

It come
into force
on first day
of July ,
1898
 SECTION 562 OF CPC PASSES LAW
FOR FIRST OFFENDER First Offenders AND PROVIDE
562.POWER
Powers of Court
TOto release
COURT certain convicted
TO RELEASEoffenders on probation of
god conduct instead of sentencing to punishment.
CERTAIN
When any person CONVICTED
not under twenty oneOFFENDERS ON
years of age is convicted of an
PROBATION
offence OF GOOD
punishable with imprisonment for notCONDUCT
more than seven years, or
when INSTEAD
any person under OF
twentySENTENCING
one years of age or any woman
TO is convicted
of an offence not punishable with death or [imprisonment] for life, and no
PUNISHMENT.
previous conviction is proved against the offender, if it appears to the Court
before which he is convicted, regard being had to the age, character or
antecedents of the offender and to the circumstances in which the offence
was committed, that it is expedient that the offender should be released on
probation of good conduct, the Court may, instead of sentencing him at once
to any punishment, direct that he be released on his entering into a bond,
with or without sureties, to appear and receive sentence when called upon
during such period (not exceeding three years) as the Court may direct, and
in the meantime to keep the peace and be good behavior:
 JIVANJEE DADABOY,
criminal investigation
proved that he had no
criminal record and was
first offender
low income and large family
to maintain forced accused
to commit offense.

First Offenders
562. Powers of Court to release certain convicted offenders on probation of god conduct
instead of sentencing to punishment.
When any person not under twenty one years of age is convicted of an offence
punishable with imprisonment for not more than seven years, or when any person under
twenty one years of age or any woman is convicted of an offence not punishable with
death or [imprisonment] for life, and no previous conviction is proved against the
offender, if it appears to the Court before which he is convicted, regard being had to the
age, character or antecedents of the offender and to the circumstances in which the
offence was committed, that it is expedient that the offender should be released on
probation of good conduct, the Court may, instead of sentencing him at once to any
punishment, direct that he be released on his entering into a bond, with or without
sureties, to appear and receive sentence when called upon during such period (not
exceeding three years) as the Court may direct, and in the meantime to keep the peace
and be good behavior:
SECTION 562 OF CRIMINAL PROCEDURE CODE
WAS REPLEAD BY PROBATION OF OFFENDERS
ORDINANCE 1960 UNDER SEC 16
 CASE # 2

ABSENT WITHOUT LEAVE

 LEGAL TERMS

PROSECUTE : conduct legal proceeding against person by

charging that person with a crime and bringing him or her to
trial.

APPRENTICE: a person who is learning a trade from a skilled

employer, having agreed to work for a fixed period at low
wages.
SUMMARY
 22nd MAY
This case is about G.H JOURDAN , an apprentice on
board. MR. C.E chief officer of Bengal prosecuted
G.H JOURDAN for absenting himself without leave
and for disobedience.

According to chief officer,

Apprentice was found sleeping on the quay.

He absent himself in defiance of a warning given to

him.

when he was asked to return to duty, he refused.

Accused is guilty and begged for forgiveness but chief

offer said he had already given accused 3 chance and
to maintain discipline on board it is necessary.
 FINAL
JUDGEMENT
ACCUSED WAS SENTENCED TO A WEEK
RIGOROUS IMPRISONMENT

An act to amend the law

THE MASTER AND SERVANT
relating to masters, servants
ACT 1856
and apprentices

It come
into force
on 7th FEB
1856
THIS ACTSECTION REQUIRED
9 ( THE MASTERTHE OBEDDIENCE
AND SERVANT ACT 1856)
ANDIf any
LOYALTY
apprenticeFROM APPRENTICES
shall absent AND
himself from his masters
service without his leave, or be guilty of any other misconduct
SERVANTS TO THEIR EMPLOYER, WITH
in, or relating to, or during the term of his service, every
INFRINGEMENTS
apprentice in any such OF THE
case so CONTRACT
offending, being convicted
PUNISHABLE
thereof before two BEFORE
justices of theCOURT
peace uponOF LAW,made
complaint
by or on behalf of such master, shall be liable to a penalty not
OFTEN WITH A JAIL SENTENCE OF HARD
exceeding ten pounds, or to forfeit
LABOR.
the whole or any portion of any wages that may be due or
accruing, not exceeding ten pounds, or, at the discretion of
such justices, to both such punishments.

G.H JOURDAN was absent

from his duty without
leave. And was guilty for
his disobedience .
 Section 7(2) of APPRENTICE ORDINANCE 1962 state that:
If an apprentice fails to carry out the terms of the contract of
apprenticeship, orTHEif at anyPAKISTAN
time during the period of his appren
ticeship voluntarily quits such apprenticeship, or there are conti
nued adverse reports regarding CODEthe progress of his studies, or he is
discharged forApprentice
misconduct which shall areinclude insubordination,
breach of the rules, absence from duty or neglect of his work,
then he or, astreated
the case may be,under
his parent or guardian and the
surety shall jointly and severally be liable to the payment of such
Apprentice
refund of expenses and compensation as may be prescribed
ordinance, 1962
THANKYOU