Categories
Criminal Laws

Law of Bail in Criminal Cases in Pakistan

Law of Bail in Criminal Cases in Pakistan.

CHAPTER XXXIX – OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer incharge of a police-station or appears or is brought before a Court, and is prepared at any lime while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer of Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of section 107, subsection (4), or section 117, sub-section (3).
497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of nonbailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or [imprisonment for life or imprisonment for ten years].Pakistan: Code of Criminal Procedure 1898 Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given notice to show cause why he should not be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, direct that any person shall be released on bail–
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) Ah officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court Is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.
[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction.]

Feel Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

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

Categories
Litigation

Civil Litigation Law Firm in Karachi Pakistan

Civil LitigationCivil Litigation Law Firm in Karachi Pakistan. Irfan Mir Halepota & Associates Law Firm specializes in both the defense and prosecution of civil lawsuits. No matter if we are representing a plaintiff or a defendant, our philosophy is always the same: be aggressive and be fast. We believe the faster we can proceed all of the evidence the faster we can get you the result you are looking for. Our approach often results in the satisfactory settlement of the case long before the litigation process has run its course through trial.

Many of our clients have never been involved in a lawsuit before. We take the time to educate you about all aspects of your case so you don’t feel like you are just along for the ride. From discovery, demurrers, motions for summary judgment, depositions and trial, we will let you know what everything is about and why we are doing what we are doing. After all, it is your case and you have a right to know. Please discuss Lawsuit Roadmap to get a better understanding of the process.

In the last year IRFAN MIR HALEPOTA & ASSOCIATES has handled cases involving business litigation disputes, breach of contract, fraud, wrongful termination, personal injury (both defense and for the injured party), real estate cases and more.

We don’t specialize in any one type of litigation. Rather, we specialize in civil litigation. We are litigators who focus on gathering the facts, knowing the law and presenting your case in the best possible light to maximize the chances of getting you the outcome you desire.

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

Telephone: +92 321-2057582

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

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

Civil Litigation Law Firm Karachi Pakistan

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
About us

CIVIL LITIGATION IN KARACHI PAKISTAN

OUR Law Firm knows how to face challenges arising out of difficult and complex civil cases. We are a well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We have a team of widely known Advocates and Lawyers specializing in all areas of civil litigation, who practice in Civil Courts, District Courts and High Court. The superior Court in Pakistan is Supreme Court of Pakistan the judgements of Honourable Supreme Court of Pakistan are binding on all High Courts and sub-ordinate Courts.

Our Lawyers keep fully engage with clients at all stages of their cases that occur during litigation. Our team is highly experienced and has dealt with thousands of cases in Pakistan with a proven record of accomplishment of winning.

Our specialized team studies all available options in relation to cases and then advises client on the best legal option before the courts. We are sufficiently experienced and professionally equipped to fight in order to achieve the success.

OUR professional team deals with all aspects of juridical administrations facing our clients. We work hard to utilize effective measures in order to shun and avoid problems. We take aggressive legal approach to protect clients’ rights and business plans from others’ aggression.

We have very vigilant and aggressive approach in dealing with Civil Litigation including:

Our services include but no limited to:

Partition of Properties, Cancellation of Documents, Specific Performance of Contracts, Restoration of Possession of Properties, Permanent Injunctions, Suits for Dissolution of Partnerships, Rendition of Accounts, Recovery of Money and Mesne Profits, Declaration of Rights with Consequential Relief, Benami Transactions, Recovery of Damages, Succession Certificates, Stay Orders, Constitutional Writ Petitions before the High Courts, Recovery of Bad Debts and Loans:

Our Law Firm deals with cases of Special Laws relating to:

Consumer Protection, Environmental Protection, Electricity, Gas and Petroleum, Service Matters, Intellectual Property, Excise and Customs, Import & Export.

Ejectment of tenant, Fixation of fair rent, Recovery of rent amount, Registration of rent deeds, Rent Appeals.

Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant and aggressive manner.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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
About us

Legal Services in Karachi Pakistan for Overseas

Legal Services in Karachi Pakistan for Overseas

Recommended Law Firm in Karachi Pakistan by Legal 500
Recommended Law Firm in Karachi Pakistan by Legal 500

OUR LAW FIRM provides Special Legal Services to Overseas Pakistanis, Foreign Nationals and Companies

Our services include but no limited to:

Civil Litigation in Lower Court, High Courts.

Criminal Litigation, Defense and Prosecution

Succession Certificates, Stay Orders

Recovery of Money, Bad Debts, Loans and Mesne Profits

General and Special Power of Attorney

Dissolution of Marriages, Divorce and Khula
International Divorces
Registration of Marriages and Divorces

Drafting of Divorce Agreements
Divorce Effectiveness Certificate
Court Marriage in Pakistan
On Line Marriage in Pakistan

Settlement of Matrimonial Issues
Drafting of Family Settlements
Recovery of Abducted Children
Child Custody and Visitation
Guardianship of Minors Children
Adoption of Children
Legitimacy of Children

Sale, Purchase and Transfer of Property
Legal Management of Property Matters
Recovery of Possession of Properties
Protection of Intellectual Property
Dealing with Cyber-Crimes
Passport and Immigration Offences

Business Set-Up in Pakistan
Registration of Company and Partnership
Legal Management of Business

Import and Export Matters

Excise and Customs Matters

Rent Matters of Properties
Drafting of Legal Documents
Translation of Documents
Research about Pakistani Laws
Legal Advice and Opinion about Pakistani Laws

Irfan Mir Halepaota & Associates has been ranked as one of the top and Best Corporate Law Firms in Pakistan by the Legal 500, HG and other International Directories of Law Firm.

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
Family Laws Pakistan

Letter of Administration

Letter of Administration

If any person died intestate and left the immoveable property behind him/her then his/her legal heirs can file the for the grant of Letter of Administration in the competent court of law which is either District Judge of High Court under section 278 of the Succession Act 1925.

Court grants the Letter of Administration on executing the bond and submitting the surety in the name of petitioner who get mutated the said property in the name of legal heirs.

In the Petition for Letter of Administration all particulars are stating the time and place of the deceased death, family and other relatives, their respective residences, the right in which the petitioner claim, amount and assets with two witnesses who verify about the legal heirs of the deceased.

Our Team of Lawyers provide legal services in all major cities of Pakistan including Karachi, Lahore, Islamabad, Hyderabad and Thatta.

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
About us

Law Firm Programme for Women rights with Support of Pakistan and International Orgnizations

Pro bono services of our Law Firm are well recognized in Pakistan and Internationally. In collaboration with Local and International Organizations, from to time we have started programs for providing legal aid to the deserving persons specially Women and Children as a Sadqa and Zakkat .

In our Legal assistance program we have provide free legal advice to more than 1,000 women and aware them relating to their legal rights.

Furthermore, as a consequence of the legal awareness programmes being conducted, people started approaching office personally, by email and telephone wanting to seek solutions for their problems.

  • Only those cases that concern women will be taken up for Free Legal Consultation
  • It will also cater to those cases that deal with family laws and family affairs
  • All the risks that a woman might confront and the options available to her must be explained to her, if she approaches for her case, leaving the decision making left to her
  • To ensure the security of the rights of the woman while finalizing the conditions in case of compromise
  • To arrange for mediation on the request of the party i.e. to enter into reconciliation process during the case or prior to entering court on the demand of the party
  • Laws should not be wrongly implemented

Provide complete law related and legal Services on Family, Divorce, Khula, Separation, Court Marriage, Child custody, Adoption, Guardianship, Maintenance, Alimony, Dower amount, Dowry articles, Succession Certificate, Letter of administration, Transfer of Property, Estate law, Lease, Sale Deed, Commercial and Business Law, Corporate Law, Registration of firm, partnership and company, trademark, copyright, Civil law suits, Injunctions, Recovery, damages, defamation, High Courts Appeal, Writ Petitions, and heabus Corpus Petitions etc.

Submit Your Query For a Legal Advice

 
Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of International Human rights and Women rights Law.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

Categories
Litigation

Public Procurement Regulatory Authority

The Public Procurement Regulatory Authority is an autonomous body endowed with the responsibility of prescribing regulations and procedures for public procurement by Federal Government owned public sector organizations with a view to improve governance, management, transparency, accountability and quality of public procurement of goods, works and services. It is also endowed with the responsibility of monitoring procurement by public sector agencies/organizations and has been delegated necessary powers under the Public Procurement Regulatory Authority Ordinance.

There is an other separate authorities for each Province at Provincial Level, Our Law Firm has handled many cases of our clients who are generally contractors, whereby the Honourable Superior Courts have directed the Government organizations / authorities to act as per law and avoid favoritism to any of their blue eye contractors.

Categories
Criminal Laws

Dischonour of Cheque

Dischonour of Cheque

Defination of “dishonoured cheque”, which when presented in the Bank same is refused of payment by the bank because of insufficient funds or it is not in order, it is called dishonestly issuing a cheque is a criminal offence in Pakistan. Dishonestly issuing a cheque is governed by section 489-F of the Pakistan Penal Code, 1860. The said section reads as follows:

489-F Dishonestly issuing a cheque: Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonoured on presentation shall be punishable with imprisonment which may extend to three years and with fine unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque.

The offence under this section is cognizable by police, non-bailable and compoundable.

Please note each case has to be seen on its own facts and circumstances.

Our Team is well trained to advice you on cheque bouncing, recovery of debt, recovery of money, legal notice for cheque dishnonour, lodging of First Information Report (F.I.R.) and other related matters to individual persons, firms, companies & Corporations both local and foreign. You can contact us for detailed consultancy and advice.

Supreme Court of Pakistan is situated in Islamabad and its registry at Karachi.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

 


Categories
Employment

Sindh High Court stays suspension of Teachers of Education Department

Sindh High Court stays suspension of Teachers of Education Department.

The Sindh High Court (SHC) suspended the education department’s notification regarding the suspension of a large number of teaching and non-teaching staff from Nausheroferoz district.

The interim order came on the petition of many staff members of District Nausheroferoze , who assailed the notification regarding their suspension from jobs by the Secretary Education in the month of November 2014.

It was submitted by us Petitioner’s counsel ( Mr. Irfan Mir Halepota ) that  the petitioners were appointed in the education department from 1989 to 2010 and they were performing their duties in different posts.

The counsel submitted that the Education Department issued a notification whereby the services of a large number of teaching and non-teaching staff, including the petitioners, from several districts of the province were suspended without assigning any reasons and they were ordered to report to the department with immediate effect without any justification or allegation against them.

He submitted that neither any inquiry was conducted nor any opportunity was provided to the petitioners to explain the allegations. He submitted that the notification was based on mala fide intention, and prayed the court to set aside the impugned notification.

After the preliminary hearing, the division bench issued notices to the Sindh advocate general and secretary education among others, calling their comments.

The Honourable court also ordered that the notification shall remain suspended till the next date of hearing.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

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