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
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
Intellectual Property

Infringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan

Infringement of Trademark Copyright Patent PakistanInfringement of the Intellectual Property Rights (Trademark, Copyright and Patent) in Pakistan Section 46-C Infringement of Trade Mark elaborates the procedure as under :-

1.       An infringement of a Trade Mark in Pakistan shall be actionable by the proprietor of the Trademark.

2.       An action for infringement in Pakistan.  All such relief by way of damages, injunctions accounts or otherwise shall be available in respect of the infringement of Trademark as any other property right.

3.       Nothing in this section shall be deemed to affect rights of action against any person for passing off goods as the good of another person or service provided by another person or the remedies in respect thereof.

Pakistan Penal Code provides Sections 478 to 489 in relation to the infringement of registered Trade Mark before the trial by the Magistrate 1st Class Schedule II of Cr.P.C. has enlisted all offence as bailable and non-cognizable.

The study/scrutiny of laws relating to Trademarks infringement in Pakistan has failed to provided any relief or remedy to the real victim of violation of Trade Mark i.e. purchaser of goods passed off through deception. Further, it should not mislead the unwory customer, consumer to purchase goods or service purporting them to be the goods or services of the registered proprietors.

Trade Mark needs to be an innovative, copy right original and creative whereas design should be an invention to make them distinctive and distinguishable.

The violation of abovesaid standered fall in the category of immitation and the similarity causing confusion to the customer/consumer which can safely be termed infringement of intellectual property rights.

Above discussion reveals that the intellectual property laws have a limited scope in the sense that the real victim of the immoral act of infringement is public and masses in general.

It has been observed that the dealers as well as retailers are profit oriented in their approach business. They easily join hands with the imitators to grab more profit margin in Trade. This unholy alliance and collusiveness of the imitator and dealer, retailer work always to the detriment of the masses.

It is unfortunate that our law makers have blindly followed the tradition of unfair Trade practice to the extent of proprietor and the violator as provided in the English law of Torts,

It is high time that the laws relating to intellectual property rights be amended to consider the plight of masses giving then direct relief and redress in the matter. The recognition earned by other organizations in Trade similar and identical comodity, bare visual look on the wrappers where in the petitioners packed their product, had reflacted complete resemblance providing similarity of design, scheme and colour which could certainly affect the products of the respondents illiterate customer could easily be misled on looking at wrappers. Supreme Court refused to interfere as the lower courts judgments did not suffer from any material defect or legal infirmity, Discretionary constitutional jurisdiction could not be used to prepetuate deception, leave to appeal refused 2002 LN SC (PAK) 368 (a).

Trademark PakistanSimilarity Trade Marks should not be such which could cause confusion in the minds of unway customer/ consumer so that the goods of the imitator are not passed off due to identical pattern used by the person infringing the registered copy right of the proprietor of a Trade Mark, copy right, design.

Law does not permit any person to overside the principal of healthy completion and usurp the hard earned good will and reputation of the proprietor of intellectual property.

Precise Critria of infringement

Visual look or phonetical sound of name on the lable /wrapper of the goods is normal device of deception during immitation.

6. The Assumption that the consumer protection courts provided a safe Guard to the customer/consumer in not true in the matters of infringement of the intellectual property rights for the following reasons:-

(i)      The customer/ consumer of the intellectual property rights are normally illitrate and unwary.

(ii)     The prima facie  evidence of the proprietorship of the registered intellectual property right is with the registered owner and it is not possible for the general masses to ascertain the truth of the matter easily.

(iii)    The mechanism of notice and other requirements provided in the consumer protection courts rules out the possibility of legal action against the immitator of registered intellectual property right.

(iv)    The Consumer protecton courts have been established at divisional head quarters and this fact alone keeps the masses out to provide them any relief and remedy through petition/ application.

(v)     The intellectual property laws are based on unfair trading practice of the law of torts giving civil as well as criminal action remedy available to the registered proprietors or their assigness.

(vi)    There is no evidence available to the aggrieved masses in general to connect the real immitator with the dealer, retailor or shopkeeper providing substandered and fake goods/service.

(vii)   The relevant laws relating to the intellectual property rights should be amended to give access of redress to the customer/consumer. The provisions contained in Pakistan Penal Code (PPC) and Criminal Procedure Code Cr.P.C. should be made cognizable in the matter of general purchaser if the deceptive passing off goods has accrued. The punishment should also be in creased against the offender.

Categories
Human Rights

International Human rights Law

Irfan Mir Halepota & Associates stands out as one of only a handful of firms in the country that sponsors a practice devoted to vindicating human rights.

The Irfan Mir Halepota & Associates Human Rights practice represents individuals who were victims of torture, human trafficking, forced and slave labor, sexual violence, and other violations of international law.  Much of the Human Rights practice work is pro bono.

Irfan Mir Halepota, the head of the Human Rights practice group, is a leader in the field of international human rights law. Mr. Irfan Mir is recognized as one of the Leading Lawyers in Pakistan and recognized for his socially significant legal accomplishments were extraordinary or precedent-setting and in the public interest.

We group can be found at the front lines of nearly every major legal battle involving international human rights in the Pakistan.  Irfan Mir Halepota & Associates was one of the first firms to file in a number of landmark human rights cases.

Irfan Mir Halepota & Associate’s Human Rights practice has been recognized repeatedly for its dedication to and success in international human rights litigation.

Categories
Family Law Family Laws Pakistan Human Rights

Share of widow in Property and inheritance rights of widow

A widow is indeed entitled to a share of the inheritance from the property which belonged to her deceased husband; but she would not be entitled to inherit anything from the property which belongs to her father-in-law, or any other blood relative of her deceased husband, absolutely regardless of whether she has married again or not, or whether she has off-spring or not.

The widow is entitled only to a percentage of the inheritance left behind by her deceased husband; 1/4th if they have no children from the marriage, and 1/8th  if the couple have children.

The best team of our lawyers always assist the clients to get their rights. We provide complete Free Legal Advice to widow woman as a Sadqa and Zakkat , for getting their Legal rights and getting their proper share in property of their deceased husband. Sometimes a Widow lady is unable to pay our professional Fees, we file her case without fees, thereafter they pay our fees as per their convenience.

Our Goal is to fight for the rights, therefore we always provide better ways to our clients to achieve their legal rights without any over burden of litigation costs.

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

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
Intellectual Property Patent

Patent and Design Registration in Karachi Pakistan

 

Top Law Firms in Karachi PakistanPatent for an invention is grant of exclusive rights to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent owner. Mere idea or suggestion is not a patent.

Lawyer, Attorneys & Advocates at Irfan Mir Halepota & Associates provide following services in the field of Patent:

  • Patent Prosecution, preparing and filing patent applications
  • Patent searches
  • Oppositions
  • Patent Monitoring
  • Drafting and filing petitions for extension of a term of patent
  • Restoration applicants for lapsed patents
  • Licensing
  • Registration  of assignments, transmissions, etc.
  • Infringement Actions

One of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of Irfan Mir Halepoa & Associates.

Feel Free to Contact Us for further consultation.

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

Cell Phone: +92 321 205 7582

One of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of the Firm
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: 03212057582


Categories
Corporate Law Pakistan Business Setup

BUSINESS SETUP IN KARACHI PAKISTAN

 

Top Law Firms in Karachi PakistanOUR LAW FIRM provides legal service to Local, Overseas Pakistanis and Foreign Clients to set up business in Pakistan. Business Set-Up services of Our Law Firm will help you in those essential early stages of business, giving you advice to assist you to set-up a business and able to plan and grow effectively without legal obstacles and litigation. We will assist you to make the right decisions at the right time. Whether you intend to set up a sole proprietorship concern or a company or a partnership firm we offer our legal services required for your business needs.

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.

Business can be Set-Up in the following forms

Establishing and Registration of:

1. Company Registration.

a. Private Limited

b. Public Limited

c. Limited by Guarantee

2. Foreign Company Registration

3. Sole Proprietorship.

4. Partnership & Joint Venture.

5. Agency.

6. Trademarks and Copyrights, Patent and Design.

7. Society, Trust and Charity

 

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 Law

Woman right get divorce by way of khula in Karachi Pakistan

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.

Q. What grounds are available to a wife to get Divorce according to Laws of Pakistan?
A: As per Dissolution of Muslim Marriages Act a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:

Whereabouts of the husband not known for four years; Husband has neglected or failed to provide maintenance; Husband has sentenced to imprisonment for a period of seven years or upwards; Husband failed to perform marital obligations for a period of three years; Husband was impotent at the time of marriage; Husband has been insane for two years; She was married when she was minor; Husband treats with cruelty; Leads an infamous life; Attempts to force her immoral life; Venereal disease; Incurable form of leprosy; Disposes of her property; Obstructs her in observance of her religious practice; If she cannot live with the husband within the limitation imposed by the Almighty Allah.

Beside above, there are also other grounds available to wife for the dissolution of marriages under Muslim Law.

Q. What is the procedure to obtain “Khula” (dissolution of marriage) in Pakistan?
A: If wife is not delegated the right of divorce in her nikanama (marriage contract form) then she would apply for khula in the court. When the wife files a suit for dissolution of marriage the court issues notice to the opposite party i.e. the husband and if he fails to appear after the due process of posting and publication the court can proceed with the case ex-parte and pass a decree. In case where the husband or his representative appear he is required to file a written statement following which the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails court will pass decree for dissolution of marriage.

Q. After obtaining khula decree from the court is dissolution of marriage is complete?
A: No, after obtaining Khula decree from the court you need to file an application before the Chairman Arbitration Council/Union Council of your jurisdiction for obtaining dissolution of marriage certificate.

 

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
Intellectual Property

Trademark Registration in Pakistan

Top Law Firms in Karachi PakistanIn Pakistan the legal basis is the Trademark Law “Trade Marks Ordinance No. XIX” of 2001. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

Requirements
A trademark application has to be filed before the Trademarks Registry by a local agent. A notarized power of attorney is necessary. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 2-3 years from first filing to registration. Before registration the trademark application is published in the monthly “Trademarks Journal”. The opposition period is 2 months from publication date of the application.

Duration

A trademark registration in Pakistan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

 

Irfan Mir Halepota & Associates are one of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan.

Feel Free to Contact Us for further consultation.

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

One of the most leading International Law Firms in Karachi Pakistan, dealing with International Trade Law, Intellectual Property, Trademark, Patent, Renewal of International Trademark, Trademark Disputes in Karachi Pakistan. Most competent Lawyers in International Law are members of the Firm
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

Categories
Employment

Labour & Employment Lawyers in Karachi Pakistan

Labour & Employment Lawyers in Karachi Pakistan.

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

Labour & Employment attorneys work on cases that deal with problems in the workplace, such as harassment, lay offs, disability claims, etc. A labour law attorney represents employers or employees, generally over the terms and conditions of employment.

Here are the Best Labour & Employment Lawyers in Karachi, Pakistan.

Human Resource is an essential ingredient to any business hence the same is essential for us because of our clients. However, legal protection, legal rights and legal risks, governing employment agreements are most essential.

Therefore the laws and regulations governing relationships between employers and employees are carefully scrutinized before advising our clients as their interest in paramount for us. 

We provide our services to following sectors, doing business in Karachi and other parts of Pakistan:

Airlines, Airport Ground Handling Companies, Banking & Insurance, Car Manufacturers,  Home Textiles, Garment Manufacturing Industries, Leather Tanneries & Leather Product Manufacturers, Electronics, Mining, Hospitals, Chemical Industries, Hard Board Manufacturing Industries, Power Generation Companies, Pharmaceuticals, Stock Exchange, Cable Manufacturing Industries, Communication and Mobile Service Companies, Internet Service Providers, Shipping Terminals, Transportation & Distribution Companies.

Our Law Firm is rated among the top law firms in Pakistan in the field of Human Resources, employment and labour laws.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

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