Categories
Property Law

What is Capital Value Tax on Real Estate in Pakistan ?

Capital Value Tax on Real Estate Related Transactions in Pakistan

The Capital Value Tax is applicable in urban areas for residential property exceeding an area of one kanal and in case of commercial properties without any threshold of land area or size of the property.

The Capital value tax at the rate of 2 percent of recorded value has been levied vide Finance Act, 2006.

Where the value of such property is not recorded, the CVT is payable at Rs. 50 per square yard of land area.

All transfers falling under the scope of purchase, gift, exchange, surrender, power of attorney and relinquishing the rights have been subjected to the capital value tax. However, transactions between spouses, parents, grand parents, brothers and sisters through gift and inheritance have been excluded from its purview.

Submit Your Query For a Legal Advice

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

Categories
Property Law Real Estate Deals

How foreigners can invest in Pakistan real estate

Foreigners living in Pakistan could be discouraged to rent or buy property here in the sense that a little bit lengthy and lethargic process which can take several months to complete. The following post discusses the process in detail as well as why the government needs to relax the process in order to attract foreign investment in Pakistan real estate sector.

Following are the documents that foreigners are required to submit to the home department if they wish to rent or buy property in Pakistan.

  1. An employment letter from the company they’re currently working for, declaring the nature of their job, the duration of their employment along with the contact details of the company per se.
  2. A copy of their passport, along with the copy of a valid visa with six recent, passport size photographs.
  3. They are also required to submit a copy of the landlord/realtor’s CNIC.
  4. Additionally, the owner of the property in question also needs to submit attested copies of proof of ownership.
  5. Last but not the least, the law requires a contract to be drafted in the name of the occupant of the property. In case, a new tenant occupies the property, he’s legally required to get a new contract otherwise strict legal action would be taken against him.

Violation of the above mentioned procedure may lead to prosecution of the tenant, the landlord or both.

The whole of this process is daunting to say the least and keeps foreigners from investing in Pakistan real estate. The refusal on part of government to let foreigners freely buy and sell property in Pakistan is due to security concerns.

Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

 

Irfan Mir Halepota & Associates

Karachi Office

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

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

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

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

 

 

Categories
Intellectual Property

Merkregistratie uit Pakistan procedure stap voor stap

Top Law Firms in Karachi PakistanMerkregistratie uit Pakistan procedure stap voor stap

Stap voor stap Registratie Procedure :

Stap 1 : Klanten sturen een exemplaar van het handelsmerk ( per e-mail of fax of post) , een gedetailleerde lijst van de producten die vallen onder het handelsmerk en op hetzelfde moment de betaling voor de pre -filing zoek naar We via overschrijving of cheque ;

Stap 2 : Wij voeren de pre -filing zoeken en voor te bereiden onderzoeksverslag en e-mail de rechercheverslagen aan cliënten;

Stap 3 : (Als de zoekresultaten aangeven dat de aanvraag waarschijnlijk worden geaccepteerd en klanten besluiten over te gaan ) Cliënten stuur ons de Photostat kopie van de identiteitskaart bewijs ( kopie paspoort voor individuele en Certificaat van oprichting of Inschrijving License) en op hetzelfde tijd de betaling voor de pre -filing zoekopdracht aan ons door overschrijving via Bank of Western Union ;

Stap 4 : We bereiden de registratie aanvraagformulieren en Volmacht (POA ) .

Stap 5 : Cliënten de naar behoren uitgevoerd POA . De POA moet notarieel bekrachtigen door een lokale gekwalificeerde advocaat ;

Stap 6 : We leggen de aanvraagdocumenten voor de Pakistaanse Trademark Registration Office .

Stap 7 : De Pakistaanse Trademark Registration Office te voeren onderzoek en de andere procedures , indien geen bezwaar ontvangen , de Pakistaanse merkregistratie Bureau geeft dan het bewijs van inschrijving ;

Stap 8 : We sturen het bewijs van inschrijving aan klanten.

Time Scale

Momenteel neemt ongeveer 2-3 jaar om een handelsmerk in Pakistan krijgen .

 

Indien u meer informatie wenst , Voel je vrij om contact voor gedetailleerde overleg .

Telefoon : +92 321-2057582

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

 

Trademark Law Firm in Karachi , Trademark Application Pakistan , Aanvraag tot registratie van handelsmerken in Pakistan , merkregistratie proces in Pakistan uit de VS, Engeland & Wales , Frankrijk , Japan , Canada , Duitsland , New York , China , Taiwan , Dubai , UAE.

 

Categories
Employment

Civil Service Lawyers in Karachi Hyderabad & Islamabad

Irfan Mir Halepota & Associates is well-recognized and reputed for its Civil Service Law practice in Pakistan including Karachi and Islamabad. Irfan Mir Halepota is Advocate Supreme Court of Pakistan, Majority of Top Bureaucrats and Civil Servants in Sindh, Punjab and Islamabad are our Clients.

We provide legal services for preparation of replies to the Show Cause Notice, reply to Explanation, preparation of defences in departmental inquiry proceedings.

If you have not availed our services during departmental proceedings and have been punished by the department for any misconduct as alleged in the Show Cause Notice and as per inquiry report the charges have been proved, in that case. We can also provide our best legal services to you for preparation of Departmental Appeal before the Departmental Authorities.

As per Civil Service Law of Provinces and Federal Government of Pakistan, if the departmental appeal is not decided within the statutory period then the Civil Servant has right to approach the concerned Service Tribunal at Karachi, Lahore or Islamabad.

Under the Article 212 of the Islamic Republic of Pakistan, only the Service Tribunal has jurisdiction to entertain the matters relating to Terms and conditions of Civil Service. A Suit before the Civil Court is not maintainable under the law, if any suit is filed or entertained by the Civil Court then it will be clear violation of the Law of the Land and will amount miscarriage of justice.

We have represented many clients specially School teachers who were serving the Department but their salaries were not released and they were working for a long period without any salary. The Service Tribunal has passed the order whereby the salaries of the concerned School Teachers have been released by the department.

Recently, the Sindh government has finally reversed the promotion of 59 police officers, complying with the orders of the Honourable Supreme Court of Pakistan. Apart from these Police Officer many employees of Sindh Government have been repatriated and reverted by the concerned departments in light of judgment of Honourable Supreme Court.

We have assisting many employees / Civil Servants who have been punished by the concerned department with clear misinterpretation of the judgement of the Honourable Supreme Court and their representation and departmental appeal have been prepared and filed before the competent authorities and after lapse of statutory period their appeals will be filed before the competent forum i.e. Service Tribunal.

Irfan Mir Halepota & Associates

Karachi Office

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

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

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

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

 

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

 

Categories
Intellectual Property Patent

Infringement of Patent in Pakistan

Infringment of Patent in Pakistan, Section 61 of the law lists reliefs that a Court may grant in suits for infringements. These include,-

    • (a) to order to desist from infringement,

(b) to prevent the entry into the channels of commerce of imported goods that involve the infringement immediately after custom clearance of such goods;

(c) to order the infringer to pay the right holder damages adequate to compensate for the injury he has suffered because of infringement;

(d) to pay the right holder expenses which may include appropriate attorney’s fee;

(e) in appropriate cases, to order recovery of profits, damages and pre-established damages even where the infringer did not knowingly or with reasonable ground to know, engage in infringing;

(f) to order that goods found to be infringed be, without compensation of any sought, disposed off outside the channels of commerce;

(g) to order the material and implements the predominant use of which has been in the creating of infringing goods be, without compensation of any sought, disposed off outside the channels of commerce in such a manner as to minimize risk of further infringement, and in considering such orders, the need for proportionality between seriousness of infringement and remedies ordered as well as interests of third parties shall be taken into account;

(h) unless this would be out of proportion to the seriousness of the infringement, to order infringer to inform the right holder of the identity of third parties involved in the production and distribution of the infringing goods and of their channels of commerce; and

(i) to order a party at whose request measures were taken and who has abused enforcement procedure, to provide to a party wrongfully enjoined or restrained, adequate compensation for injury suffered because of such abuse.

The Court is also granted powers to order prompt and effective provisional measures.

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Commercial, Intellectual Property & Trademark Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: +923212057582

Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.

Categories
Litigation

Debt Recovery Law & Lawyers in Pakistan

Recovery of debts and money can be both frustrating and time consuming in Pakistan. The best way to go against the defaulters is to choose the right form of legal action at proper time otherwise you might suffer. We are very successfully providing services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters. Our Lawyers in Karachi, Lahore, Islamabad, Hyderabad and Thatta, have extensive legal experience in debt-recovery laws. We aggressively pursue your debts collection process in Pakistan and recover your debt and money in very fast manner.

We provide legal services for those clients who are not afraid to take an aggressive legal approach in the recovery of their debts. If you want more money recovered with a legal, safe and fast manner, contact our law firm. Our practice consists of associates at Karachi. We have extensive experience in distress debt trading industries. Our attorneys regularly appear on behalf of clients in bankruptcy courts in Karachi.

Taking legal action to reclaim debt should be a last resort, and often the threat is enough to make your customers pay you. However, if your usual ways of recovering debt have failed, there are things to consider before beginning the legal process.

Consider some form of alternative dispute resolution, such as mediation or arbitration. Contracts may already specify how disputes should be resolved. Resolution procedures can make it easier to control costs and are often less confrontational than court proceedings.

Mediation is a simple, cheap method of resolving disputes. It can save you time and money and can assist all parties in reaching a mutually beneficial resolution. This can help maintain the business relationship once the dispute is settled.

Even if making a claim seems the only answer, you should consider your chances of winning. In many cases your claim may not be disputed. But in others, it could be difficult to prove the customer is at fault.

Remember that you can’t be certain of receiving the money owed – let alone any costs or expenses – if the person or company you’re taking action against has no assets or a history of bad debt. Credit reference agencies should be able to give you a credit rating for the defendant and details of any unpaid court judgments.

If you win the judgment, the customer is required to pay the sum claimed. If properly claimed, they are required to pay court fees and interest as well. If they do not pay, you must be prepared to take steps to enforce the judgment. For this client have to note that:

  • court fees are payable when you issue a claim and if you have to enforce the judgment
  • fees are payable if you lose or do not succeed in enforcing your judgment
  • you may have solicitor’s costs and other costs – if you win and succeed in enforcing the judgment, you may be able to claim these back from the defendant

You will have to pay court fees in advance. However, they can be recovered from the defendant if you win. If you lose or you do not succeed in enforcing your judgment you will not be able to reclaim those costs.

We advise both local and international companies on a full range of legal issues from non-contentious corporate and commercial matters, including major project work; establishing and conducting business in Karachi Pakistan, joint ventures, mergers and acquisitions, employment matters, distributions and franchise arrangements. For international Clients having legal issues in Dubai, Abu Dhabi, Qatar and other Gulf cities and areas prefer to engage us due to cost effectiveness. We charge very reasonable professional Fees for International Arbitration in Dubai, Abdu Dhabi, Qatar and Gulf cities and areas.

Fell Free to Contact Us for detailed consultation.

Telephone: +92 321 2057582

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

 

Submit Your Query For a Legal Advice

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


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
Property Law

Rights of Tenant under Sindh Rented Premises Ordinance

There are also rights of Tenant under the Sindh Rented Premises Ordinance.

Tenant must ensure that he makes payment of the rent either through a crossed cheque, or where payment is made through some other mode, then a receipt must be obtained from the landlord. In case the landlord unlawfully or unjustifiably attempts to evict the tenant, the tenant may file a case in the competent court of law in Karachi in addition to availing other legal remedies as advised by his counsel.

Generally Landlord pressurize the Tenant to execute tenancy agreement for 11 months only, by saying and making estate agent as witness that this is law to execute agreement for 11 months only. There is nothing mentioned in any law book that the tenancy agreement must be executed for eleven months only.

Under the Law rent of the premises is to be increased 10 per cent after every eleven months. It is also an other practice is available in Karachi which is in violation of Sindh rented premises ordinance, that the landlord pressurizes the tenant to enhance rent at 10 per cent after every eleven months.

As per Law rent is to be increased 30 percent after completion of three months, in this way landlord increase rent as per his choice after eleven months which is totally illegal and unjustified, the tenant can claim for recovery of amount which is received by landlord in violation of law.

The tenant can also apply for fixation of fair rent if the landlord is receiving rent more then market value prevailing in locality.

There are many other rights available to the tenant, which can be discussed in detailed.

Irfan Mir Halepota & Associates

Karachi Office

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

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

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

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

 

 

Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Civil Litigation and Property Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: +923212057582

Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.

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
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. Our Teams has represented the clients in Honourable High Court and Supreme Court of Pakistan.