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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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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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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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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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Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence

Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence

Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence   In a landmark decision, the Lahore High Court Orders Doctor to Pay Rs 1 Crore in Damages for Medical Negligence to a patient who suffered severe injuries due to medical negligence. The case highlights the importance of holding healthcare providers in Pakistan accountable for their actions and ensuring that patients receive fair compensation for damages. Background of the Case   The appellant, a student at the Agriculture University in Faisalabad, underwent surgery at Allied Hospital in 2012. However, due to the doctor’s negligence, she suffered severe injuries, including the cutting of three vertebrae and her spinal cord. The Punjab Healthcare Commission found the doctor responsible for the negligence, and the Health Department terminated the doctor’s pension. Court’s Decision   The court heard testimony from the claimant, her father, and expert doctors. It also examined the medical report and the defendant’s statement, which established that the doctor did not have the expertise to perform the operation and had shown negligence during the surgery. The court referred to fundamental rights in the Constitution and numerous judicial precedents on medical negligence. Principles for Determining Damages   The court determined the amount of damages by considering the following principles: Reasonable and fair monetary compensation for the damage caused Monetary compensation for pain and suffering Compensation for loss of amenities Medical expenses Loss of earnings Other financial losses such as travel expenses and special care costs Findings of the Court   The court’s decision to increase the damages from Rs 50 lakh to Rs 1 crore sets a precedent for medical negligence cases in Pakistan. It emphasizes the importance of holding healthcare providers accountable for their actions and ensuring that patients receive fair compensation for damages. This case can be cited as Regular First Appeal No. 70634 of 2023.Lahore High Court orders Rs 1 crore in damages for medical negligence, highlighting accountability in healthcare and ensuring fair compensation for patients. The PDF for the Full citation is below for reference. 24Justice Medical Negligence 205 LHC 2024 Our panel of skilled Lawyers in Pakistan specializes in medical malpractice 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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