Categories
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

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
Property Law

Property Law in Karachi Pakistan

Top Law Firms in Karachi PakistanOur Law Firm provide the property legal services to valued clients from the purchase of the property to disposal of the property. This law

01. Sale Deed Conveyance Deed in Karachi Pakistan

02. All kinds of property Deeds in Karachi Pakistan

03. Surrender Transfer and Relinquishment Deed in Karachi Pakistan

04. Mutation of the Property in Karachi Pakistan

05. Lease and sub-Lease of the property in Karachi Pakistan

06. Inheritance transfer and share division of the property in Karachi Pakistan

07. Succession and Letter of Administration in Karachi Pakistan

08. Possession and Declaration of the Title of the Property in Karachi Pakistan

09. Injunction of the suit in Karachi Pakistan

10. Property Documentation in Karachi Pakistan

11. Sale and Purchase of the Property agreements/Deeds in Karachi Pakistan

12. Registration of the Deed before sub-Registrar in Karachi Pakistan

13. Illegal Dispossession in Karachi Pakistan

14. Tenancy Agreement in Karachi Pakistan

15. Housing society Transfer mutations in Karachi Pakistan

16. Property Tax in Karachi Pakistan

Our Office is based in Clifton, easily reachable from all parts of Karachi, including Defence and other Areas.

Recently the largest property deals are being made in Bahria Town Projects in Karachi Pakistan.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

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

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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

Sale Deed Conveyance Deed,  All kinds of property Deeds, Surrender Transfer and Relinquishment Deed, Mutation of the Property in Karachi Pakistan, Lease and sub-Lease of the property, Inheritance transfer and share division of the property,  Succession and Letter of Administration, Possession and Declaration of the Title of the Property, Injunction of the suit  Pakistan, Property Documentation in Karachi, Sale and Purchase of the Property agreements/Deeds, Registration of the Deed before sub-Registrar, Illegal Dispossession, Tenancy Agreement Housing society Transfer mutations in Karachi Pakistan Property Tax

Categories
Environment Law

ENVIRONMENTAL TRIBUNAL RULES,

ENVIRONMENTAL TRIBUNAL RULES, 1999

Some Definitions as described in Pakistan Environmental Tribunal Rules as as under :-

“Act” means the Pakistan Environmental Protection Act, 1997

“Bench” means a bench of tribunal comprising the Chairperson
and at least one other Member;

“Chairperson” means Chairperson of the Tribunal;

“Corporation service” means employment in a corporation or other
body set up, established, owned, managed or controlled by the Federal or
a Provincial Government;

“Director General” means the Director-General of the Federal
Agency;

“Member” means member of the Tribunal;

“Service of Pakistan” shall have the same meaning as defined
clause (1) of Article 260 of the Constitution of the Islamic Republic of
Pakistan, 1973;

“Tribunal” means Environment Tribunal established under subsection
(1) of section 20 of the Act and includes a Bench.
(2) All other words and expressions used in these rules but not defined shall
have the same meanings as are assigned to them in the Act.

The term of office of the Chairperson and Members shall not exceed three
years: Provide that the Federal Government may extend the term of office of the
Chairperson or any Member for such period, not exceeding three years, as it may deem fit.

If you require more information, Feel Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Website:  http://www.irfanlaw.com

 

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

Categories
Divorce Family Law

Difference between Talaq and Khulla

Talaq is the Islamic term for divorce, which is commonly used in all Part of Pakistan including Karachi, Lahore, Islamabad, Hyderabad and Thatta. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia (which is also adopted under the Pakistani Laws). It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Pakistani Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.

It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq, whereas Shi’a scholars view the triple talaq (in one sitting or at one time) as a custom, forbidden by Holy Prophet Muhammad, but reinstated by Umar ibn al-Khattab, and thus  forbidden. Sunni scholars agree to the facts, but deem it halal (“lawful”) anyway.

Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.

After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as conclusive and decisive factor.
A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.

We do not run any fund raising program regularly, but  International and Local Donor agencies are always welcome for starting Human Rights and Woman rights Projects with our collaboration. We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman in Karachi, Pakistan without Professional Fees.

A woman can approach court for Khulla at any time after marriage, under the Family Law there is no limitation to file Divorce Case, even she can file a case for khulla on second day of marriage.

Sometimes ladies can not come to office of a Lawyer for discussing her case due to domestic problems, therefore, she can not get proper legal assistance rapidly. We on-line services to them. 

If you can not come our office then you can just email us the details of your case and sent required papers to us by courier services alongwith cross cheque or pay order of our professional fees. We will prepare your case, the draft is sent to client by email, after approval of the client the case is finalized for filing in the Court. Client has to come court for recording of statement before the judge.

Please Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://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

Very soon we are opening our branch office in Gulshan-e-Iqbal, Karachi, if you are any suggestion for location,  we will be thankful for any helpful comments.

Categories
About us

Legal Advising Section

A legal advisor is typically a lawyer who specializes in offering legal assistance on a variety of matters. While they may sometimes pursue lawsuits and litigation for their clients, the general task of a legal advisor is to ensure that a client’s actions in a particular matter are legal. We work as legal advisor on a freelance basis, as well as counselor to a company, government office or politician, or individual clients in Karachi, Lahore, Islamabad, Hyderabad and Thatta, Pakistan.

We specialize in a various area of law. Family law advisors may provide legal services that concern divorce, custody, and inheritance issues. Employment law is concerned with worker’s compensation issues, workplace harassment or wrongful dismissal suits. As Commercial lawyers in Karachi, Lahore, Islamabad, Hyderabad and Thatta, Pakistan, We serve as advisors to businesses and corporations. Our Lawyers have also specialized in issues such as constitutional law, international law, or public policy.

Lawyers at our Law Firm also serve as a resource for an informed opinion on a legal question. They do research, provide relevant materials, and cite specific laws to help explain a law or craft a plan for a client. In some cases, we assist in preparing paperwork or examining contracts and other documents to help ensure that an action is being done legally. In some cases, we serve as a client’s attorney, representing him or her in court.

Most larger businesses and organizations in Karachi, Lahore, Islamabad, Hyderabad and Thatta employ us as legal advisor to manage contracts and advise on policy. Non-profit groups, hospitals, and school districts often require legal advice to navigate the complicated policy laws that dictate their actions.

Fell Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

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


Categories
Family Laws Pakistan

Polygamy

Polygamy

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

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
Criminal Laws

Cyber Crime Laws Pakistan

Cyber Crime Laws PakistanThe Prevention of Electronic Crimes Act, 2015 is promulgated in Pakistan. Under the prevention of Electronic Crimes Act, following are the crimes punishable under law:-

 

Unauthorized access to information system or data – If any body with malicious intent gains unauthorized access to any information system or data shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one hundred thousand rupees or with both.

Unauthorized copying or transmission of data – If any person with malicious intent and without authorization copies or otherwise transmits or causes to be transmitted, any data whether by gaining access to such data or otherwise, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupess or with both.

Unauthorized access to critical infrastructure information system or data – Whoever with malicious intent gains unauthorized access to any critical infrastructure information system or data shall be punished with imprisonment upto three years or with fine which may extend to one million rupees or with both.

Criminal Interference with information system or data– Whoever with malicious intent and without authorization interferes with or damages or causes to be interfered with or damaged any information system or any part thereof, or data or any part thereof, shall be punished with imprisonment which may extend to two years or with fine which may extend to five hundred thousand rupees or with both. Explanation: Interference refers to doing of any unauthorized act in relation to an information system or data that may disturb normal working of such information system with or without causing any actual damage to such information system.

Criminal Interference with critical infrastructure information system or data– Whoever with malicious intent and without authorization interferes with or damages, or causes to be inferred with or damaged, any critical information system or any part thereof, or critical infrastructure data or any part thereof, shall be punished with imprisonment which may extend to seven years or with fine which may extend to five million rupees or with both.

Cyber terrorism –Whoever commits or threatens to commit any of the offences under sections 5 and 7 where- (a) the use or threat is designed to coerce, intimidate, overawe or create a sense of fear, panic or insecurity in the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society; or (b) the use or threat is made for the purpose or motive of advancing a religious, ethnic or sectarian cause; shall be punished with imprisonment of either description for a term which may extend to fourteen years or with fine which may extend to fifty million rupees or with both.

Electronic forgery.- (1) Whoever, for wrongful gain, interferes with any information system, device or data, with intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to two hundred and fifty thousand rupees or with both. (2) Whoever commits offence under sub-section (1) in relation to a critical infrastructure information system or data shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to five million rupees or with both.

Electronic fraud– Whoever for wrongful gain interferes with or uses any information system, device or data or induces any person to enter into a relationship or with intent to deceive any person, which act or omission is likely to cause damage or harm to that person or any other person shall be punished with imprisonment for a term which may extent to two years or with fine which may extend to ten million rupess, or with both.

Making, supplying or obtaining devices for use in offence – Whoever produces, makes, generates, adapts, exports, supplies, offers to supply or imports for use any information system, data or device intending it primarily to be used or believing that it is primarily to be used to commit or to assist in the commission of an offence under this Act shall, without prejudice to any other liability that he may incur in this behalf, be punished with imprisonment for a term which may extend to 6 months or with fine which may extend to fifty thousand rupees or with both.

Identity crime – (1) Whoever obtains, sells, possesses or transmits another person’s identity information, without lawful justification shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to fifty thousand rupees, or with both. (2) Any person whose identity information is obtained, sold, possessed or retains may apply to the Court competent to try offence under sub-section (1) for passing of such others as the Court may deem fit in the circumstances for securing, destruction or preventing transmission of any such data.

Unauthroized issuance of SIM cards etc – Whoever sells or otherwise provide subscriber identity module (SIM) card, re-usable identification module (R-IUM) or other portable memory chip designed to be used in cellular mobile or wireless phone for transmitting and receiving of intelligence without obtaining and verification of the subscriber’s antecedents in the mode and manner approved by the Authority shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five hundred thousand rupees or both.

Tempering etc. of communication equipment – Whoever changes, alters, tampers with or re-programs unique device identifier or international mobile station equipment identity (IMEI) number of any stolen cellular or wireless handset and unlawfully or without authorization starts using or marketing it for transmitting and receiving intelligence through such mobile or wireless handsets shall be punished with imprisonment which may extend to three years or with fine which may extend to 1 million rupees or both.

Unauthorized interception– Whoever intentionally commits unauthorized interception by technical means of- (a) any transmission that is not intended to be and is not open to the public, from or within an information system; or (b) electromagnetic emissions from an information system that are carrying data, shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to five hundred thousand rupees or with both:

Offence against dignity of natural person– (1) Whoever, with malicious intent, knowingly and publicly exhibits, displays, transmits any electronic communication that harms the reputation of a natural person, threatens any sexual acts against a natural person; superimposes a photograph of the face of a natural person over any sexually explicit images; distorts the face of a natural person; or includes a photograph or a video of a natural person in sexually explicit conduct, without the express or implied consent of the person in question, intending that such electronic communication cause that person injury or threatens injury to his or her reputation, his or her existing state of privacy or puts him or her in fear for him or her safety shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one million rupees or with both. (2) Whoever commits an offence under sub-section (1) with respect to a minor, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten million rupees or with both. (3) Any aggrieved person or his guardian where such person is a minor, may apply to the court for passing of such orders for removal, destruction or blocking access to such material referred in sub-section (1) and the Court on receipt of such application may pass such orders as deemed proper in the circumstances.

Malicious code – Whoever wilfully writes, offers, makes available, distributes or transmits malicious code through an information system or device, with intent to cause harm to any information system or data resulting in the corruption, destruction, alteration, suppression, theft or loss of information system or data shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees or both: Provided that the provision of this section shall not apply to the authorized testing, research and development or protection of any code for any lawful purpose: Explanation.- For the purpose of this section the expression “malicious code” includes a computer program or a hidden function in a program that damages any information system or data or compromises the performance of the information system or availability of data or uses the information system resources without proper authroization.

Cyber stalking – (1) Whoever with intent to coerce, intimidate, or harass any person uses information system, information system network, internet, website, electronic mail or any other similar means of communication to,- (a) communicate obscene, vulgar, contemptuous, or indecent intelligence; (b) make any suggestion or proposal of an obscene nature; (c) threaten any illegal or immoral act; (d) take or distribute pictures or photographs of any person without his consent or knowledge; (e) display or distribute information in a manner that substantially increases the risk of harm or violence to any other person commits the offence of cyber stalking. (2) Whoever commits the offence specified in sub-section (1) shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees, or with both: Provided that if the victim of the cyber stalking under sub-section (1) is a minor the punishment may extend to three years or with fine may extend to ten million rupees, or with both. (3) Any person may apply to the court for issuance of a restraining order against an accused of cyber stalking and the court upon receipt of such application may pass such order as deemed appropriate in the circumstances of the case.

Spamming – (1) Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited intelligence to any person without the express permission of the recipient, or causes any information system to show any such intelligence commits the offence of spamming. (2) Whoever commits the offence of spamming as described in sub-section (1) shall be punished with fine not exceeding fifty thousand rupees if he commits this offence of spamming for the first time and for every subsequent commission of offence of spamming he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one million rupees or with both.

Spoofing – (1) Whoever dishonestly, establishes a website or sends any intelligence with a counterfeit source intended to be believed by the recipient or visitor of the website, to be an authentic source commits spoofing. (2) Whoever commits spoofing shall be punished with imprisonment for a tem which may extend to three years, or with fine which may extend to five hundred thousand rupees or with both.

Legal recognition of offences committed in relation to information systems – (1) Notwithstanding anything contained in any other law, an offence under this Act or any other law shall not be denied legal recognition and enforcement for the sole reason of such offence being committed in relation to, or through the use of, an information system. (2) References to “property” in any law creating an offence in relation to or concerning property, shall include information systems and data. (3) References in any law creating an offence to an act shall include actions taken or caused by use of an information system. (4) References to an act by a person in this Act or any law establishing an offence shall include acts done or to be done by or through automated mechanisms and self executing, adaptive or autonomous devices, programs or information systems.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

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

Categories
Property Law

Reasons to hire a Lawyer in Real Estate Contract

There are many compelling reasons to hire a lawyer in estate purchase matters including :-

1. Estate Agents know a little about documentations, their legal value etc. (for example how power of attorney under the law. A property bought on PoA older than 6 months period can not transfer any right to the buyer.)

2. Agents since know a little about procedural law too, they have to give bribe as there are so many lacunas in the documents they prepare and to cover up these, they have to pay bribe, which goes from the pocket of BUYER. Additional burden on buyers.

3. After seeing a buyer coming with a lawyer, an official hardly raise any illegal objection and you will get the documents done/registered within time.

4. A lawyer can tell you worth or legal value of documents. He can also tell you if the entire chain of documents necessary to establish legal title over the properly, is available or anything is missing.

5. A layman knows little about law, legal procedure, documentations etc. so its wise to hire an advocate and in that way you are mentally peaceful about your deal as regards to the title/ownership/documents etc.

If you want to get any further legal advise about property.

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321-2057582

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

 

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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