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
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
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.

Categories
About us Litigation Property Law

Legal Notice

Irfan Mir Halepota & Associates believe that disputes can be resolved by negotiations, conferences by dedicated efforts in a cost effect way.  Hence we always endeavor to resolve disputes by initiating negotiations or by cautioning other party to settle out of court by way of Legal Notices. If no positive response is received after legal notice then matter is to be taken up in the court of Law.

We are commonly engaged by our clients to issue legal notices for recovery matters, default in installment of a financial facility, default in payment schedule, breach of terms and conditions of contracts and guarantees, violations of constitutional provisions of Pakistan and matters of libel and slander under the Law of Tort and Defamation.

Hence upon excessive demand and  wide range of our clients we are also now facilitating our clients to furnish instruction for issuance of legal notices online. This service is introduced in Pakistan for the first time by our Law Firm and we are proud to lead our Nation in the field of Law.

What we can do online for you?

  1. Draft Legal Notices.
  2. Draft Reply to Legal Notices.
  3. Draft Public Notices.

How to Engage us?

This document can be drafted and be made available for Rs. 10,000 (Pak Rupees). Including all delivery charges in Pakistan. Please note that if more than Carbon Copies to more than two recipients will be charged at Rs. 1000/- per five recipients.
You can choose to have your documents emailed to you, or sent to the recipient by first class post. We aim to prepare your documents by the end of the three working days, although in practice we normally start preparing your document within hours of receiving payment.

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
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
Environment Law

Environmental Laws and Policies in Pakistan

Top Law Firms in Karachi PakistanWe are one of the Pakistan’s leading environmental law firms. Unlike many firms, we have a standalone environment group – not a team that is an add-on to a real estate, planning or energy practice.

Our approach is practical and commercial.  We help our clients assess risk and avoid problems. Where they do have problems, we help solve them. Where damage is inevitable, we strive to limit it, with particular emphasis on protecting reputation and, when necessary, individuals.

We usually work with our clients to avoid litigation. But when we can’t avoid it, our combination of in-depth commercial understanding and criminal advocacy know-how makes us a formidable force. We also have an experience of the appeals system and judicial review.

In non-contentious areas, our environment lawyers do a wide variety of ‘pure’ environmental work, as well as advising on risk assessment and apportionment in corporate, property and financing transactions. They also work closely with our specialists in the areas of planning, energy and International law.

Our clients include European and US investors in the Pakistan, government departments and agencies, local authorities, banks, investment funds, landowners, utility operators, property companies, landfill operators, professional bodies and companies from many other sectors, including manufacturing, waste, chemicals, construction, house building, rail, mining, quarrying, oil and energy.

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.

Submit Your Query For a Legal Advice

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

Categories
Definitions

Trademark

Top Law Firms in Karachi Pakistantrademarktrade mark, or trade-mark is a recognizable sign,  design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity.

Trademark is also a symbol, word, or words legally registered or established by use as representing a company or product.

A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.

Categories
Definitions

Commercial Law

Top Law Firms in Karachi PakistanCommercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law.

Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.

Categories
Corporate Law Pakistan Business Setup Pakistan Company Registration

PROCEDURE REGISTRATION OF FOREIGN COMPANY PAKISTAN

PROCEDURE REGISTRATION OF FOREIGN COMPANY PAKISTAN

Registration of a Foreign Company comprises of following two steps:

1. Seek Availability of Company Name

2. Documentation

Step 1. Seek Availability of Company Name:

The first step in the process of registration of a Foreign Company is to seek availability of name of the proposed company from the registrar. The name of  the proposed company should not be:

• Inappropriate

• Deceptive.

• Designed to exploit or offend the religious susceptibilities of the people.

• Identical or having close resemblance with already existing company.

• Suggesting connection with any Government or its organization or any international organization.

Fees for seeking availability of company name through online.

 

Step 2. Documentation

Foreign Company RegistrationAfter seeking company name availability, next step is documentation. A foreign company is required to file the following documents, under the provisions of the Ordinance, within thirty days of establishing a place of business in Pakistan, to the registrar concerned:

I. Forms (38-43) as prescribed under the Rules

• Form 38: Certified copy of the charter, statute or Memorandum and Articles of the company.

• Form 39: Address of registered office or principal office of the company.

• Form 40: Particulars of directors, Chief Executive and Secretary, if any, of the company.

• Form 41: Particulars of principal officer of the company in Pakistan.

• Form 42: Particulars of person(s) resident in Pakistan authorized

to accept service on behalf of the foreign company alongwith the certified copy of the appointment order, authority letter of board of

directors’ resolution and consent of the principle officer.

• Form 43: Address of principal place(s) of business in Pakistan of the foreign company.

II. Authority letter in the name of authorized representative of the foreign company.

III. Fee Challan

1.4 What type of certification is required for the documents constituting or defining the constitution of a foreign company?

A copy of the charter, statute, memorandum and articles of association, or other instrument, constituting or defining the constitution of a foreign company is  required to be duly certified by:-

(a) the public officer in the country where the company is incorporated in whose custody the original is committed; or

(b) a notary public of the country where the company is incorporated; or

(c) an affidavit of a responsible officer of the company in the country where the company is incorporated.

In first two situations, at (a) and (b), certification is required to be authenticated by a Pakistan diplomatic consular or consulate officer, while in third situation at (c) above, affidavit shall be signed before a Pakistan diplomatic consular or  consulate officer. [Rule 22 of Companies (General Provisions and Forms) Rules,

1985]

1.5 What are the requirements, if charter, statute, memorandum and articles of association, or other instrument, constituting or defining the constitution of a foreign company, is in language other than English?

If the document constituting or defining the constitution of a foreign company, charter, statute or memorandum and articles of association is not in English or Urdu, duly certified translation in English or Urdu language is required to be provided. Translation of document constituting charter in English or Urdu, is required to be certified to be correct translation of the original. [Rule 23 of

Companies (General Provisions and Forms) Rules, 1985]

Where translation is made outside Pakistan, it shall be authenticated by the signature and seal of:

• the public officer in the country where the company is incorporated; or

• a notary public of the country where the company is incorporated.

Signature and seal of the person so certifying shall be authenticated by a Pakistan diplomatic consular or consulate officer.

Where translation is made within Pakistan, it shall be authenticated by an affidavit of any person having in the opinion of the registrar, an adequate knowledge of the language of the original and of English or Urdu, as the case may be.

1.6 Is a foreign company required to obtain any other permission from any  other organization for opening and maintaining of its branch/ liaison office in Pakistan?

A foreign company is required to obtain a permission letter from the Board of Investment with a specific validity period for opening and maintaining of its branch/liaison office in Pakistan. Copy of such permission letter is required to be furnished with the documents meant for registration.  Renewal/ extension of the permission to open/maintain a branch/liaison office is also required to be obtained from the Board of Investment on the expiry of the validity period of the permission originally granted. Whenever such renewal/extension is granted, a copy must be furnished to the registrar concerned.

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 Company & Corporate Law.
E-26, Executive Floor, Glass Tower, Clifton,
Karachi, Sindh
PK
Phone: 03212057582

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