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
Criminal Laws

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police.  It is a duty of police to register FIR without any delay or excuses.

If Police refuses to register FIR then the aggrieved person can approach District & Sessions Judge for directing the Police to register his statement U/s. 154 Cr.P.C. In Karachi there are 5 Districts, therefore aggrived person havde to approch the District Judge who has jurisdiction of that Police Station.

Cognizable Offence:

A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.

Non-cognizable Offence:

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission.

Why is FIR important?

FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.

 Who can lodge FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file FIR if:

a. You are the person against whom the offence has been committed.

b. You know yourself about an offence, which has been committed.

c. You have seen the offence being committed.

 

 

The police may not investigate a complaint even if you file an FIR, when:

1. The case is not serious in nature.

2. The police feel that there is not enough ground to investigate.

3. The police resources are already over-committed in investigating more serious offences. However, the police must record the reasons for not conducting an investigation and in the latter case must inform you (Section 157 of the Code of Criminal Procedure, 1898).

What is the procedure of filling FIR?

The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:

I.  When information about the commission of a cognizable offence is given

orally, the police must write it down.

II.  It is your right as a person giving information or making a complaint to

demand that the information recorded by the police is read over to you.

III. Once the police have recorded the information in the FIR Register, the person

giving the information must sign it.

IV. You should sign the report only after verifying that the information recorded

by the police is as per the details given by you.

V.  People who cannot read or write must put their left thumb impression on the

document after being satisfied that it is a correct record.

VI.  Always ask for a copy of the FIR, if the police do not give it to you.

VII. It is your right to get a copy of FIR free of cost.

 

What should you mention in the FIR?

1. Your name and address;

2. Date, Time and Location of the incident you are reporting;

3. The true facts of the incident as they occurred, including the use of weapons, if any;

4. Names and description of the persons involved in the incident;

5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).

 

Submit Your Query For a Legal Advice

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


Categories
About us

Woman Lawyer practicing for Women rights, Divorce and Family Law in Karachi Pakistan

Woman Lawyer practising for Women rights, Divorce and Family Law in Karachi Pakistan.

Mrs. Nusrat Irfan, Advocate is Woman Lawyer in the Karachi dealing with divorce, wife rights, child support, wife support, family law, human rights, and Women rights. She has participated in many TV talk shows and seminars arranged by NGOs relating to woman rights.

She passed her LL.B. from Dadabhoy Institute of Higher Education in year 2005. She is Advocate High Court actively practising in Family Law and Women Rights matters.

She stands out as one of only a handful Lawyers in the Karachi that sponsors a practice devoted to human rights and Women rights.  She represents individuals who were victims of domestic violence, and other matrimonial issues.

As the head of the Family Law practice, is a leader in the field of Divorce, Child custody, wife and child support. As a Female Lawyer, she has provided maximum legal assistance of deserving women.

Her performance as Family Law and Women rights Advocate has been highly recognized and appreciated for her dedication and success in litigation.

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 as a Sadqa and Zakkat .

 

Feel Free to Contact Us for detailed Free consultation.

Telephone: +92 321-2057582

Email : nusrat@irfanlaw.com

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

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

 

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
Property Law

Procedure for Transfer of Property in Defence Housing Authority DHA Karachi Pakistan

  1. To apply for transfer of plot in Defence Housing Authority DHA Karachi Pakistan following documents are required to be submitted: –

    1. Covering letter requesting for transfer of a plot with additional three signatures for signing in the presence of Defence Housing Authority Designated Officers. (Specimen attached).
    2. Affidavit on Rs 20/- Stamp Paper (Specimen Attached) duly attested.
    3. Original Allotment Order / Transfer Order / Division Order / Title document.
    4. 1 x Photocopy of CNIC of both parties duly attested.
    5. Undertaking regarding loan / mortgage of plot (specimen attached).
    6. In case only Intimation Letter has been issued, transfer of plot can be undertaken through an application for Issuance of Allotment Order and Cancellation in name of new owners (Specimen attached).
    7. In case of Transfer of plot in the name of more than one owner, a consent letter from all the co-sharers is required to be attached, indicating / mentioning the name and address of the co-sharer on which the correspondence is to be made (Specimen attached).
    8. GHQ NOC, in case of transfer by Army allottee officer.
  2. Ensure all dues on the plot are cleared.
  3. Attach CVT paid proforma for all size of commercial plots and 500 sq yds or above Residential plots.
  4. After ‘Sign Before’ on the transfer documents, the designated officer will return the documents to the transferor.
  5. Once you (transferor) and the buyer (transferee) have completed your transaction for whatever consideration, then the papers may be handed over to the buyer (Transferee).
  6. The Transferee to pay the transfer fee in the Account Branch. The Account Branch Counter will make necessary endorsement on the covering letter.
  7. The buyer (transferee) to deposit the Transfer Documents at the Reception (veranda) and obtain a receipt. The receipt will indicate the date of collection.

NOTES

  1. All fees are subject to change without notice.
  2. Before making out a Pay Order / Bank Draft please find out the outstanding dues and current rate of Fee from Accounts Branch Counter.
  3. In case you desire your case to be processed on urgent basis, on payment of requisite emergent fee, please contact the Director T&R for necessary endorsement before paying the fees / submitting the documents at the counter.
  4. Attestation of Affidavits:
    • Affidavit executed within Karachi (Pakistan) be got attested by Oath Commissioner / Notary Public / Nazim concerned.

    • Affidavit executed outside Karachi (within Pakistan) be got attested by 1st class Magistrate / Nazim concerned.

    • Affidavits executed outside Pakistan be got attested from authorized officer of Pak Embassy abroad or the Consulate General.

  5. The Buyer may check whether the property is clear or not for transfer by paying Rs. 1000/- in cash at account counter. Information will be given the next day.
  6. For Transfer through court, the Transfer papers to be prepared after getting briefing from Administrative Officer.
  7. Officers (from all svcs) who are original allottees of DHA Karachi and desirous of disposing off / tfr their plots have to obtain NOC from GHQ, AG’s Branch (DHA Cell) Rwp.

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

Telephone: 0321-2057582

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

 

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

 

Categories
Property Law

Defence Housing Authority DHA Karachi Transfer of Plot to the Legal Heirs

TRANSFER OF PLOT WILL BE CARRIED OUT IN ACCORDANCE WITH THE ISLAMIC LAW OF INHERITANCE FOR MUSLIM MEMBERS AND RESPECTIVE LAW OF INHERITANCE FOR OTHER RELIGIONS.

  • To apply for transfer to Legal Heirs following documents are required to be submitted: –

    • The Legal Heirs apply for the transfer by giving an application and Affidavit on Rs. 20/- stamp Paper.
    • Copy of Death Certificate of deceased duly attested.
    • Original title document. In case the title document is not available due to loss etc the procedure of issue of CTC will be adopted.
    • Fingerprints and three specimen signatures of each Legal Heir on plain papers separately (For Female, right hand and For Male, left hand)
    • Two latest photographs of each Legal Heir duly attested.
    • 1 x attested photocopy of valid CNIC of each Legal Heir. (For minors, attach Form “B” of NADRA).
    • 1 x attested photocopy of CNIC/NIC of deceased.
    • Heirship Certificate duly attested by Justice of Peace/Nazim concerned/1st class Magistrate.
    • In case of more than one Legal Heirs, a consent letter from all the co-sharers be attached, indicating/mentioning the address on which the correspondence is to be made.
    • In case of single heir, Female only or Minors only as legal heirs, the following will also be submitted: –
      • Press publication as per specimen.
      • Affidavits from two reliable witnesses (deceased’s relatives) as per specimen.
  • Submission of Documents. The completed documents may be submitted to DHA By Post or By Hand through any one of the heirs (for heirs outside Karachi ONLY). For heirs residing in Karachi, documents be submitted PERSONALLY by any one of the heirs.

  • Once the legal heir documents have been accepted by the DHA Designated officer, please go over to the Accounts Branch (Cash Counter). The accounts branch will make necessary endorsement on the covering letter and then Transfer Documents be deposited at the Reception Counter. A Receipt will be issued by the Reception Counter.

NOTES

  • After the requirements given above are met, Defence Housing Authority would scrutinize the papers and hand over /post, draft Press Publication to the Legal heir for necessary publication in newspapers published from Karachi and the city/province of the deceased’s residence.

  • In case of any query/clarification, the senior legal heir or any one of the legal heir may be called for interview in DHA.

  • After transfer of property in the names of legal heirs, no further transfer will be made within one year from the date of transfer order.

  • Attestation of Affidavits :

    • Affidavit executed within Karachi be got attested by Oath Commissioner/Notary Public
    • Affidavit executed outside Karachi (within Pakistan) be got attested by 1st class Magistrate.
    • Affidavits executed outside Pakistan be got attested from authorized officer of Pak Embassy abroad / Consulate General.

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 Real Estate and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

Categories
Property Law

SIND RENTAL PREMISES ORDINANCE, 1979

Section 4 of the Sindh Rented Premises Ordinance details with the  Controllers. (1) Government may appoint one or more Controllers in any district and if more than one Controller is appointed in the same district Government shall define the local limits within which each of such Controllers shall exercise jurisdiction;

Provided that the Controllers working immediately before coming into force of this Ordinance shall continue to exercise their respective territorial jurisdiction until it has been altered, by Government.
(2) No person shall be appointed as a Controller unless he has worked or, has been working, as a Civil Judge or First Class Magistrate, for not less than three years.
(3) Government may authorize the District Judge or Deputy Commissioner, to transfer cases from one Controller to another within the District.
Section 5 of the Sindh Rented Premises Ordinance details with theAgreement between landlord and tenant. (1) The agreement by which a landlord lets out any premises to a tenant shall be in writing and if such agreement is not compulsorily registrable under any law for the time being in force, it shall be attested by, signed by, and sealed with the seal of, the Controller within whose jurisdiction the premises is situate or, any Civil Judge or First Class Magistrate.
(2) Where any agreement by which a landlord lets out any premises to a tenant is compulsorily registrable under any law for the time being in force, a certified copy of the registered deed and where the agreement is not so registrable, the original deed duly attested under subsection (1), shall be produced and accepted in proof of the relationship of the landlord and tenant;
Provided that nothing in this section shall affect any agreement between the landlord and tenant immediately before coming into force of this Ordinance.

Section 8. of the Sindh Rented Premises Ordinance details with theFair rent. (1) The Controller shall, on application by the tenant or landlord determine fair rent of the premises after taking into consideration the following factors: —-
(a) the rent of similar premises situated in the similar circumstances, in the same or adjoining locality.
(b) the rise in cost of construction and repair charges.
(c) the imposition of new taxes, if any, after commencement of the tenancy; and
(d) the annual value of the premises, if any, on which property tax is levied.
(2) Where any addition to or, improvement in, any premises has been made or any tax, or other public charge has been levied, enhanced, reduced or withdraw in respect thereof, or any fixtures such as lifts or electric or other fittings have been provided thereon subsequent to the determination of the fair rent of such premises, the fair rent shall, notwithstanding the pro¬visions of section 9 be determined or, as the case may be, revised after taking such changes into consideration.

Section 11 of the Sindh Rented Premises Ordinance details with the Discontinuance of amenities and services. (1) No landlord shall dis¬continue or cause to be discontinued any service such as electricity, gas or water, except with the previous consent of the tenant or in compliance with the requisition of the concerned authority or after obtaining the direction of the Controller in this behalf.
(2) Where the landlord has discontinued or caused, to be discontinued any service in contravention of subsection (1), the tenant may make an appli¬cation to the Controller for restoration thereof.
(3) Where the Controller is, after making such inquiry as he deems fit, satisfied that the service has been discontinued without sufficient cause, he shall make an order directing the landlord to have the service restored within such period as may be specified in the order.
(4) Where the landlord has failed to comply with the order of the Con¬troller made under subsection (3), the Controller may take necessary steps to get the service restored and recover the costs of such restoration from the landlord.
(5) Where the landlord has contravened the provisions of subsection (1), he shall be punished with simple imprisonment for a period not exceeding six months or with fine or with both.

Section 13  of the Sindh Rented Premises Ordinance details with the Eviction. No tenant shall be evicted from the premises in his posses¬sion except in accordance with the provisions of this Ordinance.

Section 14 of the Sindh Rented Premises Ordinance details with the Delivery of vacant possession. (1) Notwithstanding anything con¬tained in this Ordinance or any other law for the being in force, the landlord of a building who is a widow, or a minor whose both parents are dead or a salaried employee due to retire within the next six months or has retired or a person who is due to attain the age of sixty years within the next six months or has attained the age of sixty years, may, by notice in writing, inform the tenant that be or she need, the building for personal use and require him to deliver vacant possession of the building within such time as may be specified in the notice, not being earlier than two months from the receipt thereof;
Provided that nothing in this subsection shall apply where more than six months have elapsed since the landlord has retired or attained the age of sixty years or, as the case may be, has become widow or orphan.
(2) Delivery of vacant possession. The landlord shall not be entitled to avail the benefit of subsection (1) if he is in occupation of a building owned by him in any locality.
(3) Where the tenant has failed to deliver the possession of the building under . subsection (1), the Controller shall, on application by the landlord in this behalf, order eviction of the tenant from the building in a summary manner, by using such force as may be necessary.
(4) Where the landlord, who has obtained the possession of the building under this section, relates the building to any person other than the previous tenant or puts it to a use other than personal use within one year of such possession, he shall be punishable with fine which shall not exceed one year’s rent of the building payable immediately before the possession was so obtained.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Feel Free to  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

Categories
Property Law

Sale of Disputed Properties in Karachi Pakistan

Recently due to imposition of new taxes, investors are avoiding to purchase the properties for which they have signed agreements, the only reason is decrease of market value of the properties. Now a days everyone is trying to sell properties in the market, but there is no actual purchaser. Therefore the said principle of demand and supply is applicable in the property market, as there is too much / high supply and very less demand, therefore value of properties are decreasing day by day.

If you have executed an agreement for sale of property and now purchase is not willing to pay the remaining sale consideration for completion of sale agreement, then we can assist you by filing a case for specific performance of contract for enforcement of agreement executed between you and the purchaser.

There are many judgments of High Court and Supreme court of Pakistan for specific performance of the contract.

Disputed Properties KarachiPeople who are real owners of the disputed properties are generally fed up of trying to sell their valuable properties, but they can not get proper value of their property because their properties are disputed. What are the disputes some encroacher or Land grabber has illegally occupied their property and the gentleman or gentle lady can not get vacate their property from the encroacher, land grabber.

Property possession Karachi PakistanThe position is very worst for overseas Pakistani, who while leave Pakistan handover the possession of their property to their friends and relatives for taking care of the property, but after few years they find that their friends or relatives have encroached on their land. The close friend or relative neither pay the rent of the property nor he is ready to vacate the premises, so the actual owner can rent out the property or get possession of the same, in other words it can be said he had lost his property for ever, simply by trusting his close friend or relative.

Tenant Occupied Rented House KarachiSome times people rent out their valuable property to tenant, but after some time when owner of the property ( the landlord ) need property for his personal use the tenant refuses to vacate the property, the gentle owner of the property has to file the case for eviction of tenant and then has to wait for the decision of the court and decision of appeals if any filed by the tenant.

Sale Purchase Disputed Property KarachiNow a days there is practice in the Karachi, that some influential persons purchase these type of disputed property at the value of 25% from the actual owner and easily get possession of the property. On eviction of encroacher the value of the property because as per market value and the influential investor get more than 300% profit on his actual investment within 6 to 18 months.

Disputed Property is not just a phrase of two words but it is the spread term that thousands of people use to find a good dispute property buyer or a real estate agent who can help them sell disputed property. Whereas the cases of disputed property are countless- the number of good real estate agents who actually buy dispute property or help people to sell disputed property is less. Wherever you go in this world of dispute property will be available for sale, but buyers for disputed property are less, if any buyer is available he will be ready to purchase property in less than 25% of the actual value of the property.

Disputes can be of many types- such as: Homeowner and tenant dispute: You have given your home to someone on rent but that person is now denying emptying it. In other words- the tenant has occupied the home. Shop owner and tenant dispute: You have a shop that you have given someone on rent to make some regular money but now the person has occupied the shop. The person is not increasing the rent and also not emptying the shop.

Land and owner dispute: You have some land in other city or village and you live in other city. Someone else occupies that land.

Family Property Dispute Settlement KarachiFamily dispute: You are three brothers/sisters (can be more) who live in different Cities and Countries. One of the brothers/sisters is staying in the ancestral home has totally occupied the home and denying to give a portion or benefit to others. Likewise- family disputes in property can be of many types.

No paper dispute: You are living somewhere for a longtime but you do not have home registry or other legal documents. These are a few types of disputed properties which people are facing now a days.

We always encourage our clients to get re-possession of their property by applying legal process, so they can get proper market value of their property.

 

 

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


Categories
Property Law

Eviction of Tenants in Clifton Cantonment Karachi

Eviction of Tenants in Clifton Cantonment Karachi. The Properties Situated in Defence Housing Authority (generally reffered as DHA / D.H.A.)  comes within the Limits of Clifton Cantonment Board Karachi.

A landlord who seeks to evict his tenant shall apply to the Controller for an order in that behalf, and the Controller may, after giving the tenant a reasonable opportunity of showing cause against the application, make an order directing the tenant to put the landlord in possession, if he is satisfied that:

o          the tenant has not paid or tendered the rent to the landlord within fifteen days of the expiry of the time fixed in the agreement of tenancy for payment of rent, or in the absence of such agreement, within sixty days following the period for which the rent in due; or

o          the tenant has, without the written consent of the landlord,

o           transferred his right under the lease or sublet the building or any portion thereof, or

o           used the building for a purpose other than that for which it was leased; or

o          The tenant has committed such acts as are likely to materially impair the value, look or utility of the building; or

o          The acts and conduct of the tenant have been a nuisance to the occupiers of buildings in the neighbourhood; or

o          Where the building is situated in a place other than a hill station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or

o          The landlord intends to demolish the building for constructing a new building on the same site and as already obtained the necessary sanction for such construction from the Cantonment Board:

The Controller may give the tenant a reasonable time for putting the landlord in possession of the building, and may extend such time so as not to exceed three months in the aggregate.

A landlord may also apply to the Controller for an eviction order of a tenant if he requires the premises in good faith for his own occupation or for his family members.

Where the tenancy is for a specified period agreed between the landlord and the tenant, the landlord shall not be entitled to apply before the expiry of such period for eviction of tenant to the Controller on the above grounds.

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
Property Law

CANTONMENTS RENT RESTRICTION ACT, 1963

Cantonments Rent Restriction Act, 1963 is an Act to make provisions for the control of rent class of buildings within the limits of the cantonment areas and for the eviction of tenants there from. It is expedient to make provision for the control of rents of certain class of buildings within the limits of the cantonment areas, for the eviction of tenants therefrom.

As per definations in the Cantoment Rent Restriction Act, 1963 ‘building’ means any building or part of a building, whether residential or not, together with all fittings and fixtures therein, if any, and includes any gardens, grounds, garages and outhouses attached or appurtenant to such building or part, and vacant land, but does not include any place of religious worship;to.

 

The provisions the of the Cantonments Rent Restriction Act and any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any instrument or document.

Every application under the Cantonments Rent Restriction Ac shall be filed with the Controller who shall either hear it himself or assign it to an Additional Controller for hearing and disposal.

 

The Controller shall, on an application by the tenant or landlord of building, fix fair rent for such building after holding such enquiry as he may think fit. The fair rent shall be fixed after taking into consideration the factors i.e.  the rent of the same building or similar accommodation in similar circumstances prevailing in the locality at the time of, and during the period of twelve months prior to the date of, the making of the application. In some cases the rise, if any, in the cost of construction and of the repair and maintenance charges as well as changes in the existing taxes after the commencement of the tenancy; and the rental value of the building as entered in the latest assessment list of the Cantonment Board as proposed under Section 72 of the Cantonments Act, 1924 (II of 1924).
The fair rent fixed shall be payable by the tenant from the date to be fixed by the Controller which shall not be earlier than the date of filing of the application.

Every dispute between a landlord and his tenant relating to the increase of rent shall be decided by the Controller. Provided that the Controller shall in no case allow any increase beyond seven and a half per centum of the cost of the addition, improvement or alteration made in the building or, beyond the amount of the additional tax payable by the landlord, as the case may be.

No landlord shall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant. A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention. If the Controller, on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities, or authorising the tenant to provide the same and to incur such expense thereon as the Controller may specify, and any sum so spent by the tenant shall be adjustable against the rent payable by the tenant in respect of that building.

After the commencement of the Cantonments Rent Restriction Act, no tenant, whether before or after termination of his tenancy, shall be evicted from the building in his possession or occupation in execution of a decree passed after such commencement, except in accordance with the provisions of this section. A landlord who seeks to evict his tenant shall apply to the Controller for an order in that behalf, and the Controller may, after giving the tenant a reasonable opportunity of showing cause against the application, make on order directing the tenant to put the landlord in possession, if he is satisfied that the tenant has not paid or tendered the rent to the landlord within fifteen days of the expiry of the time fixed in the agreement of tenancy for payment of rent, or in the absence of such agreement, within sixty days following the period for which the rent is due; or any other order as he deems fit as per law.

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.

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
Shipping Law

Maritime and Admiralty Law

Maritime Law and Admiralty Law concerns the international shipment of goods by sea and all other facets of maritime transportation from shipbuilding and supply to cargo damage and accidents that occur on the high seas or in Pakistan.

Our firm is most well-known for its expertise in Maritime and Admiralty Law. Our Lawyers are well trained to deal with Maritime and Admiralty Law matters in Pakistan.

Our primary focus is litigation and dispute resolution of marine conflicts. We offer sound, timely and cost-effective solutions. When it has been necessary to go to trial, we have had great success.

We also have a significant practice in providing practical advice in the commercial matter for our shipping industry clients. This ranges from day-to-day business advice to the negotiation and completion of major corporate transactions affecting a shipping business.

Irfan Mir Halepota & Associates is regularly involved in all aspects of Maritime and Admiralty Law including matters involving:

  • Cargo damage claims
  • Arrest of vessels and enforcement of maritime liens
  • Maritime Collisions
  • Recreational and pleasure craft incidents
  • Maritime personal injury
  • Salvage claims
  • General Average claims
  • Tugs & Towage
  • Marine Insurance disputes
  • Shipping company bankruptcies
  • Oil or Noxious substances pollution incidents
  • Defence of environmental claims including charges by governmental authorities or civil liability claims
  • Maritime regulatory issues including government investigations
  • Ship sale agreements
  • Shipbuilding & repair contracts
  • Ship supply contracts and related disputes
  • Organization and finance of shipping companies
  • Chartering of vessels and related matters
  • Contracts of Affreightment

We also provide an emergency response for collisions, casualties, fire, explosions, oil spills or other incidents requiring an experienced maritime lawyer to be on the scene right away.

We provide legal advice and representation to clients all across the nation who have suffered any injury at any Port of Pakistan. To learn more about our practice, we invite you to visit the pages on our website.