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Your Gifts, Your Rights: A Bride's Guide to Bridal Gifts in Pakistan

Your Gifts, Your Rights: A Bride’s Guide to Bridal Gifts in Pakistan

Bridal Gifts in Pakistan: What You Need to Know (Insights from a Recent High Court Case) Marriages and online nikah are joyous occasions, but sometimes disputes can arise, even regarding gifts. In Pakistan, the concept of bridal gifts holds significance, and a recent Lahore High Court case has shed light on the legal rights surrounding them. This blog post aims to simplify the legalities of bridal gifts for the common person. A Bride Fights for Her Rights The case of Mst. Nimra Sheikh versus Muhammad Umair Siddiqui serves as a crucial example. Ms. Sheikh challenged a decision by the Family Court where, after divorce, her husband sought the return of certain items, including gold ornaments and clothes, given to her by his parents at their wedding. The key question was – who legally owns these bridal gifts? Bridal Gifts in Pakistan Belong to the Bride The court’s verdict, based on Article 199 of the Constitution and the Dowry and Bridal Gifts (Restriction) Act, 1976, provides clarity. Here’s the legal breakdown: What are Bridal Gifts? Section 2(a) of the Act defines them as any property (excluding Mehr or dower) given directly or indirectly by the groom or his family in connection with the marriage. Who Owns Them? Section 5 is clear – all bridal gifts become the bride’s absolute property, with no restrictions. The Court’s Stance: Protection and Efficiency The High Court, led by Justice Sultan Tanvir Ahmad, emphasized two key points: Absolute Ownership: The law establishes the bride’s absolute ownership of bridal gifts, regardless of who gives them (groom or his parents). Frivolous Litigation: The court deemed the husband’s claim baseless, highlighting that the law clearly grants ownership to the bride. This case also highlights the importance of previous judgments. The court cited rulings like Tania Naseer vs. Muhammad Zubair (2017) and Ghulam Rasul vs. Judge, Family Court (1991) which reiterate that bridal gifts belong to the wife. Significance of the Ruling: A Win for Brides This landmark decision holds great value for several reasons: Legal Clarity It removes any ambiguity about ownership, ensuring brides understand their rights regarding bridal gifts. Protection of Rights It safeguards brides from baseless attempts to reclaim their rightful possessions. Judicial Efficiency By dismissing frivolous claims early on, the court frees resources for handling more serious matters. What This Means for You Understanding your legal rights is crucial, especially during marital disputes. Here’s what you, as a bride or someone close to one, should know: Awareness is Key Brides should be fully aware that any gifts received in connection with their marriage are their absolute property. Legal Recourse If faced with a claim for the return of bridal gifts, the bride can confidently rely on the Dowry and Bridal Gifts (Restriction) Act and relevant case law to defend her rights. Documentation Matters Maintaining records (receipts, photos) of bridal gifts can strengthen your claim in case of legal disputes. Contact Us The Lahore High Court’s decision in Mst. Nimra Sheikh versus Muhammad Umair Siddiqui empowers brides by recognizing their legal ownership of bridal gifts. This ruling not only promotes fair resolution of marital disputes but also protects brides from unnecessary harassment. By understanding and asserting your legal rights, you can navigate such situations with confidence. This blog post provides a general understanding of the law. For specific legal advice, it’s always recommended to consult a qualified lawyer. The PDF for the Full citation is below for reference. 2024LHC2809 Our panel of skilled Lawyers in Pakistan specializes in family cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly.   [wpforms id=”4658″]

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Lahore High Court Cancels University Appointment Order

Lahore High Court Cancels University Appointment Order

From Recommended to Re-advertised: Why Following University Appointment Rules Matters University appointments are a crucial part of ensuring quality education. But behind the scenes of prestigious faculty positions lies a complex web of procedures. A recent judgment by the Lahore High Court (LHC) throws light on this very issue, highlighting the importance of following established protocols in university appointment. This article delves into the case of Dr. Rehana Kausar, unpacking the legal intricacies and underlining the significance of proper procedures for both universities and aspiring faculty members. Case History   The story begins with Dr. Kausar applying for a Professor of Urdu position at the Lahore College for Women University (LCWU). After an initial round of selections where neither she nor another candidate were deemed suitable, the positions were re-advertised. This time, both Dr. Kausar and the other applicant qualified. Here’s where the process gets interesting. A Selection Board, specifically designed for such evaluations, recommended Dr. Kausar for the post. The University Syndicate, the governing body, then approved this recommendation. However, a technicality emerged, putting the appointment on hold. In the meantime, Dr. Kausar’s competitor filed legal challenges, creating further delays. Finally, after navigating these hurdles, the University Syndicate once again gave its approval for Dr. Kausar’s appointment. But the plot thickens. The Chancellor, the head of the University, surprisingly ordered the positions to be re-advertised, essentially going back on the previous approvals. Seeking Justice in the Courtroom Unwilling to accept this turn of events, Dr. Kausar decided to fight for her rightful position. She challenged the Chancellor’s order in the LHC, arguing that the University had no authority to revisit her selection after it had already been approved by both the Selection Board and the Syndicate. HC Upholds Procedural Fairness The LHC, in a landmark judgment, sided with Dr. Kausar. The Court meticulously examined the university’s statutes, the governing rules that outline selection procedures. The judgment highlighted that the University had not followed these established protocols. The Court emphasized that the Selection Board’s recommendation, followed by the Syndicate’s approval, should have been the final step. By arbitrarily revisiting the decision, the University had deviated from the legal framework. A Win-Win for All The LHC’s judgment serves as a powerful reminder for universities across the country. Here’s why adhering to proper procedures matters: Fairness and Transparency Established procedures create a level playing field for all candidates. Clear guidelines eliminate ambiguity and potential bias, ensuring a fair and transparent selection process. Protects of Rights Following procedures protects both universities and candidates. Universities are shielded from accusations of unfairness, while candidates are guaranteed a selection process that adheres to legal and institutional frameworks. Institutional Credibility Universities hold a position of trust in society. Adherence to proper procedures upholds their reputation and fosters confidence in their academic decisions. Legal Battles Following established protocols streamlines the selection process, minimizing unnecessary delays and the possibility of costly legal disputes like the one Dr. Kausar faced. Beyond Dr. Kausar’s Case: A Call for Reform The LHC judgment serves as a springboard for a larger conversation about university appointment procedures in Pakistan. Here are some additional points to consider: Streamlining Procedures Universities should periodically review and update their selection processes to ensure clarity, efficiency, and adherence to legal requirements. Capacity Building Training staff and committees involved in the selection process can ensure proper interpretation and implementation of established procedures. Effective Communication Clear communication with all applicants, from the initial stages of advertisement to the final decision, fosters trust and transparency. A Roadmap for a Fairer Future The case of Dr. Kausar is a cautionary tale but also a beacon of hope. By adhering to established procedures, universities can create a more just and efficient system for appointing faculty. This fosters a positive environment for both the institutions themselves and the aspiring academics who contribute to the educational landscape of Pakistan. Contact Us This case also underscores the significance of legal recourse in ensuring fair processes and upholding the rights of individuals. As universities strive for excellence, following proper procedures remains a key ingredient for a thriving academic ecosystem. Our panel of skilled Lawyers in Pakistan specializes in education cases in Pakistan and offers personalized advice and robust legal solutions. The PDF for the Full citation is below for reference. 2024LHC2817 AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Got Your Money Confiscated by Police? High Court Offers Relief

POLICE TOOK YOUR CASH? HC SAYS GET IT BACK After Acquittal!

Got Your Money Confiscated by Police? Lahore High Court Offers Relief This blog post tackles a situation many people might face: having money confiscated by the police and struggling to get it back. This judgment from the Lahore High Court offers valuable insights for those in similar situations. Case background Two separate groups of people (petitioners) faced criminal charges (FIR No. 40 dated 05.05.2009) under various sections of the Pakistan Penal Code (PPC) and the Prevention of Corruption Act. The police confiscated significant sums of money from them during the investigation. The Twist: Confiscated Money Return While the petitioners were initially convicted by a lower court, the Lahore High Court acquitted them on appeal in March 2016. This means they were found not guilty of the charges. However, the confiscated money remained with the authorities. The Fight for Return The petitioners wanted their money back. They initially requested its return from the Special Judge (Central) in Lahore but withdrew their petition to refile later. They also tried a different legal route (writ petition) but were unsuccessful. Final Round After the Supreme Court dismissed the appeal against their acquittal, the petitioners went back to the Special Judge demanding their money. Unfortunately, their request was denied in March 2021. This denial prompted them to file revision petitions with the Lahore High Court, which is the subject of this judgment. The Legal Jargon Breakdown FIR  A formal complaint filed with the police about a crime. Confiscated Funds Money seized by the police during an investigation, often suspected to be linked to criminal activity. Acquittal A legal finding that a person is not guilty of the charges against them. Cr.P.C. The Code of Criminal Procedure, a law outlining procedures for criminal cases in Pakistan. Revision Petition A legal request asking a higher court to review and change the decision of a lower court. The Court’s Decision The Lahore High Court allowed the revision petitions. Section 517 of the Cr.P.C. This section empowers the court, after a trial is complete, to decide what happens to the confiscated property (money in this case). It can be destroyed, confiscated permanently, or returned to the rightful owner. Acquittal and Property Claims Since the petitioners were acquitted, the court believed their money should no longer be considered “case property. Improper Dismissal The High Court felt the Special Judge wrongly dismissed the petitioners’ claims under Section 517. Lower Courts Role The judgment emphasizes that lower courts have a responsibility to address claims for the return of confiscated property after an acquittal. Revisional Power The High Court, through its revisional power, can intervene if lower courts fail to address such claims properly. Detailed Inquiry As the petitioners didn’t claim the money during the trial, the court felt a more thorough investigation by the trial court was necessary. What This Means for You If you’ve faced a similar situation and been acquitted of charges, but the police still hold your confiscated money, this judgment offers hope. Know Your Rights You have the right to claim your confiscated money back after an acquittal. Section 517 of Cr.P.C. This is the relevant law that governs the return of confiscated property. Don’t Give Up If your initial request is denied, you can file a revision petition with a higher court. Seek Legal Help A lawyer can guide you through the legal process and ensure your rights are protected. Contact Us This blog post is for general information purposes only and does not constitute legal advice. Every case has its own unique aspects. The PDF for the full citation is below for reference. 2024LHC2802 Our panel of skilled Lawyers in Pakistan specializes in criminal cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Lahore High Court Judgment clarifies PESSI Service Regulations

Lahore High Court Judgment clarifies PESSI Service Regulations

Understanding the Lahore High Court Judgment on PESSI Service Regulations   On May 16, 2024, the Lahore High Court delivered a significant judgment in the case of W.P. No. 60763/2023. This case, filed by Wajahat Hussain Hussaini and others against the Commissioner of the Punjab Employees Social Security Institution (PESSI), challenged an office order dated August 31, 2023. This order amended the Punjab Employees Social Security Institution (Revised Service) Regulations, 2008. Let’s delve into the intricacies of this case, its arguments, and the court’s decision, making it comprehensible for the general reader. Case History   The petitioners, who are permanent employees of PESSI, sought to be appointed to the post of Assistant under a 25% graduate quota reserved for PESSI employees. They had completed the process for this appointment in 2018. However, before their formal appointment orders were issued, the regulations were amended on August 31, 2023. The petitioners argued that this amendment infringed on their vested rights and sought enforcement of the original regulations, backed by an order from the Chairman of the Governing Body of PESSI dated January 9, 2023. Petitioners’ Arguments in PESSI Service Regulation Dispute • Petitioners’ lawyer argued they had a legitimate expectation of appointment under original regulations. • The chairman’s previous decision to enforce the original regulations should be maintained. •  Changes to regulations went beyond the Punjab Employees Social Security Ordinance, 1965. • Amending regulations violated petitioners’ accrued rights. • Case of Nadeem Zuberi vs. Civil Aviation Authority cited to support enforceability of notified regulations.  Respondents’ Counterarguments On the other hand, the respondents, represented by Mr. Muhammad Ali Farooq, argued that the petition was not maintainable as the petitioners were seeking enforcement of non-statutory regulations. They maintained that the Governing Body of PESSI had lawfully amended the regulations and that no vested rights had accrued to the petitioners before the amendment. Court’s Analysis Court’s Focus Justice Sheikh examined if the PESSI regulations were enforceable by the court (i.e., statutory). Power to Make Rules The court analyzed sections 79 and 80 of the Punjab Employees Social Security Ordinance. Section 79: Provincial Government can make rules. Section 80: Governing Body can make regulations. Key Framed Question Do Governing Body regulations have the force of law (statutory)? Precedents Cited The court referred to past rulings where regulations made by governing bodies (not the government) were deemed non-statutory. (e.g., National Data and Registration Authority Ordinance) Court’s Conclusion Since the PESSI regulations were made by the Governing Body, not the government, they were deemed non-statutory. Court Decision Based on the legal framework and precedents, the court concluded that the regulations in question were non-statutory. Therefore, the petition for their enforcement was not maintainable. Furthermore, the court affirmed that the Governing Body had the authority to amend the regulations. This authority is granted by section 80(2)(viii) and (x) of the Ordinance. Since the petitioners were never formally appointed under the un-amended regulations, they had no vested rights to claim. Consequently, the court dismissed the petition as both non-maintainable and meritless. Implications and Takeaways This judgment underscores a critical aspect of administrative law: the distinction between statutory and non-statutory regulations. For regulations to be enforceable through a constitutional petition, they must be framed by the government and have the force of law. PESSI Service Regulations made by a governing body, without government approval, do not hold the same legal status. For employees and employers within institutions like PESSI, this case highlights the importance of understanding the legal framework governing appointments. It also emphasizes the limits of vested rights. Amendments to regulations by an authorized governing body, if within their jurisdiction, are legitimate and binding unless proven otherwise. Contact Us The Lahore High Court’s decision in W.P. No. 60763/2023 serves as a pivotal reference for cases involving the enforcement of service regulations. It clarifies the legal standing of regulations made by governing bodies versus those made by the government. For the petitioners, while the outcome may seem unfavorable, it reinforces the principle that only statutory regulations can be enforced through constitutional petitions. This ensures that legal processes remain clear and consistent. Below is the full citation in PDF format for your reference. 2024LHC2239 Our panel of skilled Lawyers in Pakistan specializes in business cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]  

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Lahore High Court Hammers Down on Defaulted Loans in Faysal Bank vs. Dynasel

Lahore High Court Judgment Favors Faysal Bank in Dispute over Finances In this article, we discusses a recent judgment by the Lahore High Court in a case defaulted loans between Faysal Bank Limited and M/s Dynasel Limited and others (COS No.28 of 2014). The case centered around the bank’s claim to recover dues from unpaid financial facilities extended to the defendants. Faysal Bank Limited Seeks Recovery for Defaulted Loans Faysal Bank Limited filed a suit under the Financial Institutions (Recovery of Finances) Ordinance, 2001, seeking recovery of Rs.522,894,646/- from the defendants. This amount stemmed from alleged unpaid dues on two financing facilities: Finance Against Trust Receipt (FATR) A short-term loan secured by depositing goods as security. Running Finance (RF) A long-term loan for business purposes. Defenses Raised by the Defendants Several defendants contested the lawsuit. They received partial leave to defend on November 2nd, 2017. This meant the court allowed them to challenge parts of the bank’s claim. Here’s a breakdown of the contested points: FATR Facility Amount The defendants disputed the entire amount claimed for the FATR facility. Mark-up on RF Facility The defendants challenged the interest (mark-up) charged on the outstanding balance of the RF facility after its expiry. One defendant (No.9) was granted permission to defend the entire claim against them. Key Points Addressed in the Court’s Decision The court’s decision hinged on two crucial aspects highlighted in the leave order’s paragraphs 10 and 12: Unclear Bank Statements The court found the bank’s account statements unclear, particularly regarding the mark-up charged on the RF facility after its expiry. This raised concerns about potentially excessive charges. Inconsistencies in FATR Statements The court identified inconsistencies in the transaction entries within the FATR account statements. These inconsistencies cast doubt on the statements’ credibility and warranted further investigation. Court’s Observations While the defendants broadly denied using the financing facilities, the court’s interim decree on the principal amount of the RF facility suggested a different stance. The court believed the defendants might have accepted the principal amount but challenged other aspects due to unclear documentation rather than substantial disputes. Issues Identified for Determination Following these observations, the court identified the following key issues that required a verdict: Right to Recover FATR Amount Did the bank have the legal right to recover the claimed amount under the FATR facility? Mark-up on RF Facility Was the bank entitled to recover the mark-up charged on the RF facility? Jurisdiction over Defendant No.9 Could the court hear the case against defendant No.9? Relief Sought What specific remedies (financial or otherwise) was the bank seeking? Evidence Presented The bank submitted additional documents related to the FATR facility for consideration during the final arguments. These documents were accepted by the court as evidence. Plaintiff’s Witness Shahryar Tiwana, representing the bank, presented exhibits (Exh.P-1 to Exh.P-29) to support the bank’s claims. Defenses Defendants No.1 to 8 did not present any counter-evidence. Defendant No.9’s evidence solely addressed the court’s jurisdiction over them, not the validity of the corporate guarantee they provided. Court Hearings and Judgment Announcement The case of defaulted loans went through extensive hearings from June 10th, 2021, to May 27th, 2022. However, the judgment announcement was delayed. Court’s Findings After reviewing the evidence and considering the lack of counter-arguments from the defendants, the court delivered the following verdicts on the identified issues: FATR Facility Amount The court concluded that the bank had successfully proven the validity of the documents related to the FATR facility. This solidified their claim for the amount owed. Mark-up on RF Facility As the defendants did not challenge the evidence presented by the bank regarding the mark-up on the RF facility, the court upheld the bank’s claim of Rs.12,600,335.37 in mark-up charges. Jurisdiction over Defendant No.9 The court asserted its jurisdiction over defendant No.9. The judge ruled that the corporate guarantee provided by this defendant was part of the same legal cause of action. Therefore, the court could hold them liable as per the terms of the guarantee. The PDF for the Full citation is below for reference. 2024LHC2628 Contact Us Our panel of skilled Lawyers in Pakistan specializes in banking cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Justice Restored: The Federal Shariat Court Protects the People's Foundation Trust and Begum Nusrat Bhutto's Legacy

The Federal Shariat Court Protects the People’s Foundation Trust and Begum Nusrat Bhutto’s Legacy

Federal Shariat Court Protects Begum Nusrat Bhutto’s Trust Many of us are familiar with the Bhutto family and their long history in Pakistani politics. But a lesser-known chapter involves a legal battle fought by Benazir Bhutto to protect a charitable trust established by her mother, Begum Nusrat Bhutto. This case, decided by the Federal Shariat Court in 2010, highlights the important role of the judiciary in upholding justice and Islamic principles. The People’s Foundation Trust: A Legacy of Giving Following the 1977 military coup led by General Zia-ul-Haq, the Bhutto family faced political persecution. But before that, Begum Nusrat Bhutto, along with her children Benazir and Murtaza, established the People’s Foundation Trust. This charitable organization aimed to promote social welfare activities and was funded with a donation from the Head of the United Arab Emirates. The Trust was legally registered, demonstrating its commitment to transparency and accountability. Martial Law’s Shadow Falls: A Challenge to the Trust However, with the imposition of Martial Law, the Trust faced a direct attack. The military government froze the Trust’s bank accounts and took over its administration. This action, motivated by political animosity against the Bhutto family, left the Trust’s charitable work in jeopardy. Benazir Bhutto Fights Back: Seeking Justice Through the Shariat Court Benazir Bhutto, determined to protect her mother’s legacy, challenged these Martial Law Orders in the Federal Shariat Court. The petition argued that the government’s actions violated several Islamic principles and fundamental rights. Key Arguments in the Case Violation of Islamic Principles The petition pointed out that the Martial Law Orders went against Islamic principles of justice, fairness, and freedom of property ownership. Additionally, the seizure of Trust assets without due process contradicted Islamic teachings on legal procedure. Constitutional Rights Benazir Bhutto’s lawyers argued that the government’s actions violated the Pakistani Constitution’s guarantees of due process and protection of property. They presented evidence from the Quran and the traditions of Prophet Muhammad (PBUH) to support their claims. The Government’s Defense While acknowledging the Islamic principles presented by the petitioners, the government’s defense was weak. They avoided directly addressing whether the Martial Law Orders violated these principles. This hesitant defense exposed the government’s shaky legal ground. The Court’s Verdict: A Victory for Justice Federal Shariat Court Delivers Landmark Judgment The court’s decision in this case was significant and set a precedent. Scrutiny Under Islamic Principles The Martial Law Orders were examined based on Islamic principles like justice, honoring trusts, legal capacity (authority to act), and ensuring laws aren’t applied retroactively. Lack of Due Process The Court found the Orders were issued without following proper legal procedures, providing adequate notice, or allowing the right to appeal. Violation of Islamic Teachings These actions by the government were declared to be against the core principles of Islam. Precedents and the Court’s Authority The Court also cited previous judgments from superior courts that established its authority to review regulations, including Martial Law Orders, for conformity with Islamic law. This decision reaffirmed the Federal Shariat Court’s crucial role in upholding Islamic principles within the legal framework of Pakistan. Justice Prevails: Trust Restored to the Bhutto Family The Court’s verdict declared the Martial Law Orders null and void. This meant the Trust’s assets and management were rightfully returned to the Bhutto family, as per the laws existing before the imposition of Martial Law. Significance of the People’s Foundation Trust Case This case transcends the Bhutto family’s history. It serves as a powerful example of the judiciary’s role in upholding justice, protecting individual rights, and ensuring that those in power are held accountable. The emphasis on non-discrimination and the importance of following due process are crucial lessons for all citizens. A Beacon of Hope: Upholding Islamic Principles More importantly, the verdict highlighted the judiciary’s power to act as a check on arbitrary executive actions. It demonstrated that even under challenging circumstances, Islamic principles and the rule of law can prevail. The Federal Shariat Court’s decision in this case serves as a beacon of hope for all those who believe in a just and equitable society based on Islamic values and the Pakistani Constitution. Contact Us We believe that legal awareness is essential for every citizen. This case summary serves as a reminder that the law protects everyone, regardless of background or political affiliation. We encourage our readers to stay informed about their legal rights and to seek justice whenever necessary. By understanding landmark judgments like this one, we can all contribute to building a stronger and more just Pakistan. The PDF for the Full citation is below for reference. Sh-P-No-1-K-2002 Our panel of skilled Lawyers in Pakistan specializes in civil cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Property Ownership and Capital Value Tax in Pakistan: Key Insights from LHC Ruling

Property Ownership and Capital Value Tax in Pakistan: Key Insights from LHC Ruling

Understanding Property Ownership and Taxes in Pakistan This blog post explores a legal judgment from the Lahore High Court, Bahawalpur Bench, that sheds light on property ownership, Capital Value tax and the rights of citizens in Pakistan. We’ll break down the case in simpler terms to empower you with knowledge about your property rights and potential tax implications. Case History This case involves Mr. Ghazanfar Amin, who acquired land through an exchange agreement with another party. However, he faced a hurdle when trying to get official documentation (Fard Malkiat) for the property. The reason? The authorities withheld the issuance due to an unpaid Capital Value Tax (CVT) linked to a previous power of attorney used by the other party involved in the land exchange. Legal Context Capital Value Tax (CVT) This is a tax levied by the Punjab government on the value of immovable property acquired through purchase, gift, exchange, power of attorney, etc. Power of Attorney A legal document authorizing another person to act on your behalf regarding a specific property. Exchange Deed A legal document formalizing the exchange of one property for another. Fard Malkiat An official document issued by the revenue department, confirming ownership of a property. Registration The process of recording a legal document (like an exchange deed) with a government authority. The Legal Dispute Mr. Amin argued that the CVT demand was irrelevant to him because: He acquired the land through a separate exchange agreement, not a power of attorney. The unpaid CVT was linked to a power of attorney used by the other party before the exchange. The government, on the other hand, contended that: The power of attorney tax (if applicable) needs to be paid regardless of the subsequent transaction. They have the authority to withhold Fard Malkiat issuance until the tax is settled. The Court’s Decision The court sided with Mr. Amin, recognizing him as an “aggrieved party” entitled to challenge the restriction. Here’s the court’s reasoning: The power of attorney used for the unpaid CVT was unrelated to Mr. Amin’s land acquisition. He acquired the property through a legitimate exchange deed, not a power of attorney. Withholding Fard Malkiat issuance without a valid reason infringes on Mr. Amin’s property rights. Key Takeaways Understand the legal implications of acquiring property through different methods (purchase, exchange, gift, etc.). Be aware of potential taxes associated with these transactions, including CVT on power of attorney (if applicable). Always obtain a registered exchange deed or sale deed for property acquisitions. If you face issues with property ownership or documentation, consult a lawyer in Pakistan to understand your rights and legal options. Additional Considerations The judgment clarifies that not all power of attorneys attract Capital Value Tax. The court highlights the importance of “noscitur a sociis,” a legal principle that considers the surrounding words in a statute to interpret its meaning. In this case, the court suggests that CVT on power of attorney likely applies to situations where it facilitates property acquisition, not unrelated transactions. The judgment emphasizes the need for proper assessment procedures before demanding tax payments. The court points out that the authorities should have issued a valid assessment order before seeking recovery from Mr. Amin. Contact Us This case serves as a valuable example for understanding property rights and tax obligations in Pakistan. By familiarizing yourself with these legal concepts, you can be better prepared to navigate property transactions and protect your interests. Remember, consulting a lawyer whenever needed is crucial for navigating complex legal situations. This blog post is intended for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for specific legal matters. The PDF for the Full citation is below for reference. 2024LHC2905 Our panel of skilled Lawyers in Pakistan specializes in property cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Bounced Cheque Blues? Don't Tear Up Just Yet: Legal Insights

Torn Cheque Blues? Don’t Tear Up Just Yet: Legal Insights

Don’t Tear Up That Check Just Yet: A Legal Case Breakdown This blog post tackles a recent legal case decided by the Lahore High Court, Multan Bench. It simplifies the legalese for everyday folks and explains what the court decided about torn cheques and unpaid dues. The Case: A Torn Cheque and Broken Trust? Imagine Liaquat Ali owes Noor Ahmad a significant sum of money (Rs. 1,100,000!). As security, Liaquat issues a cheque to Noor Ahmad. But here’s the twist: the cheque is torn! Noor Ahmad sues Liaquat to recover the money. The Legal Battleground Liaquat argues that the torn cheque shouldn’t be a basis for the lawsuit. He claims the ripped condition makes it an invalid instrument. Additionally, he contests the very reason for the cheque – he says it was meant for arbitrators in a previous dispute, not Noor Ahmad directly. Torn Checks: Fact vs. Fiction The court wrestles with two key questions: Does a torn cheque lose its legal validity? No, not necessarily. The Negotiable Instruments Act says a cheque can still be valid even if torn, as long as crucial details like payee name, amount, and drawer’s signature remain intact. In this case, the court found the essential information was clear on the torn cheque. Who has the burden of proof? The presumption in Pakistan is that a cheque is issued for a valid reason and the amount is due. This puts the burden on Liaquat, the one who issued the cheque, to prove otherwise. Judgement on Bounced Cheque Contradictory Stories The court finds his explanations about the cheque fishy. He first claims it was for arbitrators, then changes his story in court. This weakens his case. Missing Evidence Liaquat doesn’t provide any evidence to support his claims – no witness arbitrators, no proof of a settled dispute. Key Factors Torn cheques can still be valid Don’t automatically assume a ripped cheque is useless. If the crucial details are clear, it can still be used for legal claims. Keep good records If you issue a cheque, especially for a large sum, keep a record of the reason and any agreements. This can be helpful in case of future disputes. Burden of proof is on the issuer If you issue a cheque and then claim it shouldn’t be cashed, you’ll need solid evidence to convince the court. Contact Us This blog post simplifies a legal case but isn’t a substitute for professional legal advice. If you face a situation involving cheques or debt recovery, consult a lawyer for guidance specific to your circumstances. The PDF for the Full citation is below for reference. 2024LHC3063 Our panel of skilled Lawyers in Pakistan specializes in finance cases in Pakistan and offers personalized advice and robust legal solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″]

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Judgment on Child Marriages

Judgment on Child Marriages

Child marriages and role of nikah registrars Justice Anwaar ul Haq Pannu of the Lahore High Court has delivered a comprehensive judgment addressing the critical issue of child marriages, identifying gaps in the relevant laws, and highlighting the importance of implementing existing regulations effectively. The judgment also scrutinizes the responsibilities of Nikah Khawans (marriage registrars) and the circumstances under which their licenses can be revoked. Moreover, His Lordship has emphasized the adverse effects of child marriages. Legal context judgments on child marriages In judicial practice, it has been observed that criminal cases under Chapter XVI-A of the Pakistan Penal Code (PPC) often involve claims of valid marriages registered under the Muslim Family Laws Ordinance, 1961 (MFLO). These cases typically involve disputes over the legality of marriages and claims of harassment by the police at the behest of the bride’s relatives. Such grievances lead to petitions for quashing FIRs or seeking writs of prohibition. Frequently, these cases reveal that marriages were contracted in violation of the Child Marriage Restraint Act, 1929 (the Act 1929), despite clear legal provisions specifying the minimum age for marriage. Role of Nikah Khawans in child marriages Some nikah khawans or nikah registrars do not verify the marriage parties’ ages with authentic documents like national identity cards, B-Forms, school leaving certificates, medical certificates from ossification tests, or birth certificates from the union council. Instead, they rely on self-declarations, leading to the registration of underage marriages.   Legal Competence and Puberty Under Muslim law, a girl’s competence to enter into a marriage contract is primarily based on the attainment of puberty. Puberty is typically presumed at the age of fifteen years. According to ‘Fatawa Alamgiri’, puberty can be recognized at:     Twelve years for males.     Nine years for females. A girl with sufficient understanding can enter into a marriage contract before attaining puberty. Such contracts’ validity and operation depend on external factors. The marriage contract requires the consent of the girl’s guardian (wali) for its operation if entered into before the girl reaches puberty. A girl’s ratification upon reaching majority can also determine the validity of a marriage contract entered into before she reached puberty. People generally presume majority at the age of fifteen or upon reaching puberty. In many Muslim-majority countries, marriage laws and Islamic jurisprudence recognize these principles as their basis. Legal Provisions Enforcement lapses have prevented the full realization of the Act 1929’s clear stipulations and objectives. The Act defines a child as a male under eighteen and a female under sixteen. Violations do not invalidate the marriage but hold specific individuals accountable.   Disciplinary Actions The judgment highlights procedural lapses by Nikah Registrars, such as incomplete Nikahnamas, which can lead to legal complications.  The Pakistan Penal Code classifies Nikah Registrars as public servants, and the Union Council can revoke their licenses for legal violations.   Implementation Justice Pannu issued several directives to ensure compliance: Verification of Age and Consent: Nikah Registrars must verify the age and consent of marriage parties through authentic documents before solemnizing a marriage. Strict Enforcement: Authorities must enforce these requirements strictly, with disciplinary actions against those failing in their duties. Contact us The judgment underscores the critical need for rigorous enforcement of child marriage laws and the responsibilities of Nikah Registrars. It aims to protect the fundamental rights of minors and ensure that marriages are conducted within the legal framework to prevent exploitation and abuse. Our panel of skilled Lawyers in Pakistan specializes in family cases in Pakistan and offers personalized advice and robust lawful solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly. [wpforms id=”4658″ description=”true”]  

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Pre-emption Case Judgment by Supreme Court

Landmark Pre-emption Case Judgment by Supreme Court

Right of Pre-emption Who, when, and how can use right of pre-emption? What is its legal status in today’s era? This term known is known as the Shufa in Urdu. The purpose of this law was to prevent outsiders from entering and purchasing land  where families and communities have lived together for generations. On which lands is this law not applicable? This law does not apply to inherited property, mainland acquired through gift, waqf property, or estate given by a husband to his wife as dower, etc. Crux the right of pre-empation law The right of Shufa is a legal right that allows a person to purchase estate before others. This right is granted to co-sharers, neighbors, and those who have a passage or waterway through the land.  To exercise this right, a person must declare their intention to purchase the land in the presence of two witnesses and send a legal notice to the buyer.  If the buyer refuses to sell, the person can file a lawsuit to claim their right. However, if they fail to file a claim within one year, their right of pre-emption will be lost. Right of Pre-emption case, the Supreme Court of Pakistan In tribunal, delivered a judgment that has far-reaching implications. The case, Civil Appeal No.795 of 2017, involved a dispute over the right of pre-emption under the Khy Pakhtunkhwa Pre-emption Act, 1987.   Parties: Kashmali Khan & others, versus Mst. Malala, the respondent. Legal Representation: Mr. Abdul Samad Khan represented the appellants, while Mr. Zia-ur-Rehman Khan and Syed Rifaqat Hussain Shah represented the respondent. Date of Hearing: 18.05.2023 Case Overview The case revolved around a area parcel in Mouza Hisra Barani Payan, Tehsil Tongi, measuring 100 kanals and 19 marlas. The dispute arose when the defendant purchased the land for Rs.500,000/-, triggering the appellants’ right of pre-emption.   Judgment The lower Court had initially ruled in favor of the appellants, recognizing their right to preemption the sale. However, on the defendant’s revision application, the High Court overturned the decision, leading to the appeal in the Supreme Court. The summry of the matter lay in the appellants’ compliance with the preemption requirements, particularly regarding the demands or “Talbs” necessary for pre-emption exercise. While the appellants successfully proved their Talb-i-Muwathibat, they faltered in fulfilling the formalities of Talb-i-Ishhad.   Legal Observations The Supreme Court emphasized the meticulous adherence to  procedures, highlighting the importance of disclosing witness names for Talb-i-Ishhad. The omission of this crucial information, combined with other deficiencies in the appellants’ actions, led to the dismissal of their claim.   Contact us for more Information In a rigorous application of pre-emption laws, the Supreme tribunal ultimately dismissed the appeal, underscoring the stringent nature of pre-emption rights. The judgment serves as a precedent in shufa cases, setting a benchmark for legal compliance and procedural conformity. In a landmark ruling by the Supreme Court, this preemption case highlights the significance of procedural diligence in upholding legal rights and obligations. The PDF for the full citation is below for reference 24Justice Pre-empation 795 SC 2017 Our panel of skilled Lawyers in Pakistan specializes in shufa cases in Pakistan and offers personalized advice and robust lawful solutions. AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site. Personalized Assistance: For more specific queries or legal representation, reach out to us: Call: 0092 308 5510031 WhatsApp: 0092 308 5510031 Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly.   [wpforms id=”4658″]

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