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Enforcement of Foreign Judgement & Decree in Pakistan

Enforcement Foreign Judgement Decree Pakistan KarachiEnforcement of Foreign Judgement in Pakistan. The Section 44.A. describes the procedure for enforcement of Foreign Judgments in Pakistan, which is reproduced as under :-

(1) Where a certified copy of a decree of any of the superior Courts of the United Kingdom or any reciprocating territory has been filed in a District Court, the decree may be executed in [Pakistan] as if it had been passed by the District Court.

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.

(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13.

Explanation 1.-“Superior Court” with’ reference to the United Kingdom, means the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland, the Court of Chancery of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham.

Explanation 2.-“Reciprocating territory” means 1[the United Kingdom and such other country or territory as] the 3[Central Government) may, from time to time, by notification in the 3[official Gazette], declare [to be reciprocating territory for the purposes of this section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.

Explanation 3.-.”Decree”, with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, and

(a) With reference to superior Courts in the United Kingdom, includes judgments given and decrees made in any Court in appeals against , such decrees or judgments, but

(b) In no case includes an arbitration award, even if such award is enforceable as a decree or judgment.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Litigation Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

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Employment

The Civil Servants Act, 1973

The Civil Servants Act, 1973 is an Act to regulate the appointment of persons to, and the terms and conditions of service of persons in, the service of Pakistan.

Appointments to an All-Pakistan Service or to a civil service of the Federation or to a civil post in connection with the affairs of the Federation, including any civil post connected with defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf.

An initial appointment to a service or post not being an ad hoc appointment, shall be on probation as may be prescribed. Any appointment of a civil servant by promotion or transfer to a service or post may also be made in probation as may be prescribed.
Where, in respect of any service or post, the satisfactory completion of probation includes the passing of a prescribed examination, test or course or successful completion of any training, a person appointed on probation to such service or post who, before the expiry of the original or extended period of his probation has failed to pass such examination or test or to successfully complete course or the training shall, except as may be prescribed otherwise,–
(a) if he was appointed to such service or post by initial recruitment, be discharged ; or
(b) if he was appointed to such service or post by promotion or transfer, be reverted to the service or post from which he was promoted or transferred and against which he holds a lien or, if there be no such service or post, be discharged

A person appointed on probation shall, on satisfactory completion of his probation, be eligible for confirmation in a service or, as the case may be, a post as may be prescribed.

A civil servant promoted to a post on regular basis shall be eligible for confirmation after rendering satisfactory service for the period prescribed for confirmation therein.
For proper administration of a service, cadre or [post] the appointing authority shall cause a seniority list of the members for the time being of such service, cadre or [post] to be prepared, but nothing herein contained shall be construed to confer any vested right to a particular seniority in such service, cadre or [post], as the case may be.
The seniority of a civil servant shall be reckoned in relation to other civil servants belonging to the same [service or cadre] whether serving in the same department or office or not, as may be prescribed. Seniority on initial appointment to a service, cadre or post shall be determined as may be prescribed. Seniority in [a post, service or cadre] to which a civil servant is promoted shall take effect from the date of regular appointment to that post:
Provided that civil servants who are selected for promotion to a higher [post] in one batch shall, on their promotion to the higher [post]. retain their inter se seniority as in the lower [post].

A civil servant possessing such minimum qualifications as may be prescribed shall be eligible for promotion to a [higher] post for the time being reserved under the rules for departmental promotion in the service or cadre to which he belongs.
(2) A post referred to in sub-section (1) may either be a selection post or a non selection post to which promotions shall be made as may be prescribed-
(i) in the case of a selection post, on the basis of selection on merit; and
(ii) in the case of a non-selection post, on the basis of seniority-cum-fitness.

Every civil servant is to be liable to serve any where within or outside Pakistan, in any post under the Federal Government, or any Provincial Government or local authority, or a corporation or body set up or established by any such Government. Provided that nothing contained in this section shall apply to a civil servant recruited specifically to serve in a particular area or region :

The service of a civil servant may be terminated without notice-
(i) during the initial or extended period of his probation :
Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one [service], cadre or post to another [service] cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such [service] cadre or post but he shall be reverted to his former [service], cadre or post as the case may be;
(ii) on the expiry of the initial or extended period of his employment; or
(iii) if the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person.
(2) Where, on the abolition of a post or reduction in the number of posts in a cadre or [service] the services of a civil servant are required to be terminated, the person whose services are terminated shall ordinarily he the one who is the most junior in such cadre or service.
(3) notwithstanding the provisions of sub-section (1), but subject to the provisions of sub-section (2), the service of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days” notice or pay in lieu thereof.
 

A civil servant shall retire from service on the completion of the sixtieth year of his age.

A retired civil servant shall not be re-employed under the Federal Government, unless such re-employment is necessary in the public interest and is made with the prior approval of the authority next above the appointing authority :
Provided that, where the appointing authority is the President, such re-employment may be ordered with the approval of the President.
(2) Subject to the provisions of sub-section (1) of section 3 of the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966 (XII of 1966), a civil servant may, during leave preparatory to retirement, or after retirement from Government service, seek any private employment:
Provided that, where employment is sought by a civil servant while on leave preparatory to retirement or within two years of the date of his retirement, he shall obtain the prior approval of the prescribed authority.

Where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to a civil servant under any rules applicable to him.such appeal or application shall, except as may be otherwise prescribed be made within thirty days of the date of such order.
(2) Where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggrieved by any such order -nay. within thirty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order:
Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or grade.

 

Fell Free to Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Service and Employment Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

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Family Law

Heirship Certificate in Karachi & Islamabad Pakistan

A Legal Heirship Certificate is used to determine heirship or inheritance of property in the absence of a will of a deceased person in many foreign jurisdictions. Legal Heirship Certificates are utilized in a situation where there is no dispute regarding succession of a decedent’s estate. If there is anyone who believes that he or she, too, is a legal heir, the Legal Heirship Certificate will be denied and the appropriate proceedings will be instituted before a court of law.
Heirship Certificates are used during the probate process in Greece, Germany, India, Pakistan, Indonesia, and many other countries.

This type of Heirship Certificate can be issued for the purpose of receiving owed Government payment to the heirs of the decedent and many other areas of inheritance. It is an informal, non-binding certificate and may be challenged in court if a dispute should arise as to heirship of the estate. When employing a Legal Heirship Certificate, the affiant should be certain there are no disputes between the parties who assert claims to the estate of the deceased. The Legal heirs can get Heirship Certificate and Succession Certificate by filing petition in court through well experienced lawyers of our Law Firm in Karachi, Pakistan.

 

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

Categories
Environment Law

Environmental Laws and Policies in Pakistan

Top Law Firms in Karachi PakistanWe are one of the Pakistan’s leading environmental law firms. Unlike many firms, we have a standalone environment group – not a team that is an add-on to a real estate, planning or energy practice.

Our approach is practical and commercial.  We help our clients assess risk and avoid problems. Where they do have problems, we help solve them. Where damage is inevitable, we strive to limit it, with particular emphasis on protecting reputation and, when necessary, individuals.

We usually work with our clients to avoid litigation. But when we can’t avoid it, our combination of in-depth commercial understanding and criminal advocacy know-how makes us a formidable force. We also have an experience of the appeals system and judicial review.

In non-contentious areas, our environment lawyers do a wide variety of ‘pure’ environmental work, as well as advising on risk assessment and apportionment in corporate, property and financing transactions. They also work closely with our specialists in the areas of planning, energy and International law.

Our clients include European and US investors in the Pakistan, government departments and agencies, local authorities, banks, investment funds, landowners, utility operators, property companies, landfill operators, professional bodies and companies from many other sectors, including manufacturing, waste, chemicals, construction, house building, rail, mining, quarrying, oil and energy.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

Submit Your Query For a Legal Advice

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Environmental Laws and Policies.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Property Law

The ‘Agreement of Sale’ or ‘Sale Agreement’

Top Law Firms in Karachi PakistanWhether you are purchasing a plot for construction of a home or an apartment from a builder, the sale agreement is a document that you will need to scrutinise minutely before signing. Once signed, you will not be able to counter anything that is on it.

Sale AgreementThe sale agreement being a technical document will have a series of terms that you need to understand thoroughly. Sale, for example, is a transaction where money is exchanged, in part or in whole, for the transferring of ownership of a particular piece of property in whole.

There is nothing explicitly mentioned in the law about the sale agreement being a written one. However, it is now common practice and even a practical thing to do so, especially if the document is to hold water in a court of law. An important thing to do is to get the agreement registered, as a non-registered document does not have any legal bearing and any deal made on the basis of it is considered void.

Clauses

There are several inclusions or what are called clauses in the sale agreement. It will describe the property, include contact details of the seller and the buyer, the negotiated price will be mentioned and also how this payment is being disbursed. The time frame for the payment will be included. There will also be a provision for the payment of stamp duty and for the account of the property title.

The clauses in a sale agreement are important because they outline everything that will go into making this a successful transaction, which is completely legally sound. The contract will tell you if the payment is to be made in cash, in part or an agreement for it to be paid partially in the future has been agreed on.

Some of the clauses will cover municipal taxes that are due by the person buying, as well as maintenance charges and in the case of an apartment being purchased payment towards the building society.

Payment terms: The onus is on both the buyer and seller to come to a mutual agreement on the price of the property and all other expenses that go towards the transfer of property. This has to be included and has to be agreed on by both the buyer and seller.

The time for the disbursement of the payment should also be included right up to the last instalment. The document will need to be scrutinised by lawyers from both sides and then signed by both parties.

Transferring property titleTransferring of property title: For a loan to be sanctioned, the property title is important.

This should be transferred to the buyer when the seller has got in hand the amount agreed on. The transfer is the last step in the whole process of buying the property. The property will have to be registered in the buyer’s name by the seller at the local registrar office.

Stamp duty: These rates are fixed by the relevant authorities and can vary with each State. The onus is on the buyer to ensure that the property has been registered in his name at the rate that the government has sanctioned for the transferring of the property.

Sale deedSale deed: This follows the agreement of sale and is an understanding between the seller and the buyer. Its contents need to be scrutinised by experts multiple times before you actually sign on it.

With the right kind of legal help to support you, there is no reason to fear the complexities of the agreement of sale. It is something that you can easily surmount.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

Categories
Family Law

Child Custody in Karachi Pakistan

Child custody is a matter which is closely related to divorce law and many issues will inevitably be dealt with at the same time as a divorce. However, in many cases parents will come to their own informal arrangements. In any case, an agreement should be reached on the basis of what the parents mutually believe is best for the welfare of the children and, if possible, what their children want.

Child custody law of Pakistan determines who should be responsible for the care and charge of a child, after divorce or separation. In the majority of cases parents opt for joint custody, which enables the child to spend an equal amount of time with each parent. This option also allows both parents to participate in any decision making which may affect the child. However, if parents are unable to amicably decide what living arrangement is best for their child, the courts will decide on their behalf.

If there is a dispute, to reduce the potential stress and legal costs, the next step is mediation, which can be arranged through Child Custody Lawyers. The well trained team of lawyers in Karachi, Lahore, Islamabad, Hyderabad and Thatta provide best legal services.

If mediation cannot resolve the dispute, the final stage is the courts. Again, in general the decision as to who is awarded custody is based on what is best for the welfare of the child/children.

If you have recently divorced or separated from you partner and want to find out about child custody, how child custody arrangements are made and what you can do in the event of a dispute, you are in the right place to find out. We understand how sensitive child custody issues can be.

However, we have tried to be as frank and objective as possible so it has some use for everyone and allows you to know exactly where you stand.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

Supreme Court of Pakistan, Islamabad.

 
Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Family Law, Divorce Law and Child custody Law
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

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Very soon we are opening our branch office in Islamabad, if you are any suggestion for location,  we will be thankful for any helpful comment.

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About us Online Legal Services

Online Legal Advice and Counseling Karachi Pakistan

As a Sadqa and Zakkat , We provide free online legal advice counseling to deserving persons, our law Firm in Based in Karachi, Pakistan, therefore majority of queries are relating to Karachi, Pakistan. We generally receive queries for Free online legal advice and counselling from United States of America, Canada, Japan, United Arab Emirates, Germany, France and other countries.

We provide initial Free Legal Consultation to every needy person. If any person require further consultation same can provided when visit our office.

If you are residing outside Pakistan, you can pay a Fee USD 25 for telephonic consultation of each 30 minutes. We also use free calling software i.e. Viber and Skype for detailed discussion and better voice quality.

If you have any query / question regarding Pakistani Laws Feel Free to contact us. We provide free advice in the following fields of law:-

Banking Law

Civil Litigation

Civil Laws

Criminal Laws

Commercial Real Estate

Constitutional Law

Divorce Law

Family Law

Property Law

and other Laws

Feel free to contact us

You are welcome to contact us through Email and Telephone.

Please Contact Us for detailed consultation.

Telephone:  +92-321-2057582

Regular Website:  http://www.irfanlaw.com

 

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We claim to be the best law firm in Karachi Pakistan for providing Best Legal Advice in Karachi, Pakistan. We can also assist you in your cases in High Court and Supreme Court of Pakistan.

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

 

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

Regular Website:  https://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

Law Firm based in Karachi and Islamabad, Pakistan having well experienced Advocates and Lawyers in the fields of Civil, Property, Family, Service, Trademark and other Local Laws.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

Categories
Definitions

Pakistan

Top Law Firms in Karachi PakistanLaw Firm Founded in 2003, and located in Clifton, Karachi, Irfan Mir Halepota & Associates provides the full range of Complete Legal Services including Corporate Law Services, thus offering a complete relocation package for both individuals and businesses. With a range of qualified speakers of English, French, Sindhi, Urdu as well as other languages at our disposal, we are able to provide timely and accurate guidance to all clients, irrespective of nationality.

We are experienced not only in all types of Trademark, Patent, copyright, Banking, Civil and Corporate Litigation matters, but  able to assist with the complete process of establishing a business or commercial presence in the Karachi, Pakistan, and can assist in relation to all relevant property, tax, company formation and banking procedures.

We also have the capability to undertake Trademark & Patent searches, and carry out enquiries relating to prospective commercial partners in Pakistan, in order to reduce the risk of entering into unsuitable alliances or partnerships.

We aim to provide cost-effective approaches to the needs of individuals, and their families, as well as to businesses and commercial concerns, providing the platform for successful economic activity in Karachi, Pakistani for foreign investors and their associated business ventures.

Categories
Litigation Property Law

Property Transfer & Conveyancing of Property

Property Transfer  &  Conveyancing of Property

We are well known for knowledgeable, professional and experienced attorneys in property law at Karachi, Pakistan. Our clients include private developers of Karachi and whole Pakistan, Pakistani & International development companies, small businesses, shop keepers, landlords of office buildings in Karachi, warehouses and business parks etc. We also equally work for tenants as we do for landlords.

We recognize the commercial benefits of avoiding litigation and work with clients to achieve goals alternative ways i.e.mediation etc. However, if you have to litigate, we have an experienced team of litigators to defend your interests. We have extensive experience of the Singh High Court, District Courts of Karachi. We generally represents our clients on the following areas:

  • Injunctions and stay Orders.
  • Sale of Property disputes.
  • Annual Ground Rent disputes .
  • Construction and Building Plans disputes.
  • Leases & Licenses
  • Dilapidations and Dangerous Buildings
  • Lease renewals.
  • Property partnership disputesRegistration of Property and Registration of Sale DeedOur Team can assist our clients in registration of Property Documents before the concerned registrar of Firms.Online for Clients
    • Draft Sale Agreement or Agreement to Sell Property.
    • Draft Sale Deeds.
    • Draft Mortgage Deeds.
    • Draft Deed of Relinquishment.
    • Draft Gift Deeds or Oral Declaration of Gifts under Muslim Personal Law.
    • Dilapidations and Dangerous Buildings
    • Draft Deed of Redemption.

 

 

How to engage us without visiting or visiting our office?

Above document can be drafted and be made available for Rs. 20,000 (Pak Rupees). Excluding all delivery charges, as well as cost of judicial Stamp Paper.
You can choose to have your documents emailed to you, or sent by first class post. We aim to prepare your documents by the end of the three working days, although in practice we normally start preparing your document within hours of receiving payment.

If you have any quires, or wish to place any order by post please feel free to contact us.


Categories
Definitions

Trademark

Top Law Firms in Karachi Pakistantrademarktrade mark, or trade-mark is a recognizable sign,  design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity.

Trademark is also a symbol, word, or words legally registered or established by use as representing a company or product.

A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.