Global Law Company offers a wide range of legal services mainly Tax, Corporate Matters, Financial Affairs, Intellectual Property, Commercial Litigation, Arbitration and Mediation, precisely detailed below. Its partners are rated as the leading experts in their particular fields. We have a strong presence in Karachi, Lahore and with network of offices at Islamabad, Rawalpindi, Gujrat, Gujranwala, Sialkot, Sheikhupura, Faisalabad, Multan and Peshawar and this expansion has been made to render professional services close to our clients.

In addition we have developed overseas links in USA, UK and other emerging markets of Europe, Australia, Middle East and Asia. As a firm, we are set out to provide a total commitment to our clients needs and to do so in a way that is efficient, cost effective and most importantly relevant to the issues that they face. This is Global Law Companywith the emphasis on professionalism in the following fields:

Global Law Company litigation practice includes all aspects of business litigation. We regularly represent our clients in administrative proceedings, trial and appellate courts throughout the country, as well as in arbitration and other alternative dispute resolution forums. Global Law Company network of offices allows us to provide clients with a cost-effective and coordinated strategy in matters involving multiple jurisdictions.

Global Law Company Litigation Department recognizes that business litigation has become increasingly more complex and expensive. To meet our clients’ needs and expectations, we have organized several groups with specialized areas of concentration. These groups promote experience and creativity while helping to control costs.

Before High Court & Supreme Court regarding Tax, Commercial disputes, Arbitration, Mediation & Conciliation, Construction, Real Estate, Banking, Insurance, Employment Disputes, Utilities, Securities, Intellectual Property, Civil Litigation, Communication Laws, Debt Collection, Bankruptcy, Consumer Law, Environmental Law, Media Law and Negligence & Damages.

Globalization has made conduct of business in complete privacy almost impossible; businessmen are facing innumerable problems of excessive taxation, undue governmental control and growing rate of law suits, all these factors lead the business at brink of failure. Due to increasing business vulnerability businessmen are resorting to offshore business which is considered to be one of the best methods of tax reduction. The term “Offshore Business” is about benefiting from the asset protection services offered by various countries (known as ‘Jurisdiction’ or ‘Haven’) the legislation of these countries allows for certain important protection advantages i.e. strong asset protection feature, tax relaxation and business confidentiality. An offshore nation allows the registration of the business entity or trust also offer this entity or trust certain considerable tax reduction in lieu of an annual license fee.

An Offshore Company may be defined as, a company which is registered in any foreign country; it does not conduct most of its business in the country where it is officially based, mainly for the reason of tax reduction and freedom from government control.

Origin of Offshore Business
Tax havens and the offshore company are not new phenomena, and their use expanded in the last 20 years to encompass a range of new offshore company jurisdictions. Consequently, approximately two thirds of total global financial assets are housed offshore in ‘tax haven’ countries, often through an offshore company. The success of the offshore corporation means almost all leading companies bank, borrow and invest offshore. The following information provides an overview of the history and future evolution of the offshore company, as well as key aspects of offshore tax planning.

The concept of an offshore tax haven was originally the brainchild of the US and UK, who were trying to reduce foreign aid to certain developing nations. The idea was that, as an alternative to providing foreign aid, multinationals would be encouraged to invest in these offshore jurisdictions by setting up an offshore corporation. Offshore jurisdictions generally have simple offshore company laws. The offshore industry is worth approximately US$5 trillion. Most experts agree that an offshore corporation is a long-term solution, provided it is structured as part of a comprehensive offshore tax planning strategy. Major international organisations actively derive profits from an offshore company, including aircraft maker Boeing, oil giant Exxon Mobil, American Express and Chase Manhattan Bank.

Definition
The term “Offshore Company” is ambiguous. It may refer to either:

A company which isincorporated outside the jurisdiction of its primary operations regardless of whether that jurisdiction is an offshore financial centre (sometimes known as a non-resident company) i.e. a Canadian company may be ‘offshore’ for the purposes of a USA citizen ; or,

Any company (resident or otherwise) incorporated in an offshore financial centre.

Types of Offshore Companies
Examples of offshore companies include the International Business Company (IBC). More recently new legislation has been enacted in a number of Jurisdictions, such as the British Virgin Islands, to replace the IBC type of company with the Business Company (BC).

The following types of company are common in both onshore and offshore jurisdictions:

Company having a share capital- These companies issue shares. Once the initial cost of a share (capital and premium) has been paid, the shareholders have no further obligation to the company. The shares may, subject to the rules of the company, be sold or transferred, and the shareholders have the right to enjoy the profits of the company or any proceeds of liquidation. The liability of the shareholder is therefore limited to the amount invested. Shares are assets.

Company limited by guarantee – The members of the company agree to pay up to a maximum limit in the event that the company becomes insolvent. They may acquire certain rights against the company, such as the rights to a dividend and the specific rights will be set out in the rules of the company. Membership may terminate on death, and guarantee companies have been used for not for profit organizations. There are also sophisticated estates planning schemes which make use of guarantee companies. Membership is a liability.

Hybrid – a combination of the above two classes – i.e. a company have bother liability class shares and asset class shares.

Protected cell companies – some jurisdictions permit cellular companies, where particular assets and liabilities are segregated into “cells”, in such a way that the assets of one cell cannot be used to satisfy the liabilities of another. Cell companies are particularly used for umbrella mutual funds or unit linked insurance bonds. In this instance the separate cells are effectively distinct legal entities.

It is important to note though that the above is a gross oversimplification of the near infinite variety of types of company most sophisticated jurisdictions permit. Shares themselves come in many different types with the rights in respect of dividend, preference, voting etc being determined by the constitution of the company to which they relate. Also, it is by no means uncommon for companies to utilise many different classes in particular when they are soliciting for investment from third-parties.

However, many offshore jurisdictions offer increasingly specialised forms of companies (as well as specialised trusts and partnership) seeking to increase their share of the market. Examples include limited duration companies, unlimited liability companies, companies limited by guarantee and with a share capital, restricted purpose companies and hybrid entities such as limited liability partnerships, which are more akin to companies to actual partnerships, and foundations, which are nominally trusts but are more akin to companies than trusts.

Formation
Offshore companies are meant to provide the corporate business infrastructures to aid in opening any company in the specified jurisdiction. With increasing demand for such companies’ world over, the registration has been simplified in many offshore countries for the purpose of efficiency and time saving. The important factors to consider even before starting the process of offshore company registration are as follows:

Identify the jurisdiction
From which you want the company registered. In doing this, you need to:

Know the level of security that the jurisdiction identified is able to give to the company;

Know the taxation rate per every income received, the level of capitalization should be of concern (the reason being that some jurisdiction imposes rules that only need little amount of capital to start) get to know the financial benefits that is offered by the jurisdiction countries to offshore companies; and

Know the cost of operating an offshore company in any offshore jurisdiction.

II. Ability to pay Annual Registration Fee
The company must be able to meet the nominal levy requirement that the jurisdiction charge on offshore company’s trade.

III. Explanation of Objects of company
The legitimate reasons for opening the offshore company in question must always be provided in details. This is because some individuals or group of persons tend to open the offshore companies with ill-motives. Some do it to finance terror gangs and other criminal activities, to evade tax, creditors’ evasion and fraud.

Procedure for Registration
With all these given important considerations, the process of offshore company registration may therefore continue.

Obtaining the required license
To begin the procedure, try and get the required license for the company you need to register. The methods of dealing with such offshore bank account are the most difficult process. This requires careful and selective decisions that will enable you get the best services.

For an offshore to be registered, the following legal documentation and charges must be provided:

a. The government filing fees
That is payable at the beginning of the first year. This is a renewal fee that must be paid at the end of the specified period. The fee varies with the jurisdiction of choice. An example of offshore jurisdiction where this fee is paid annually is Seychelles.

b. The Incorporation Certificate
Must be produced. This must adhere to the set rules and regulations of membership.

c. In Seychelles the letter of appointment of first directors is produced
This letter shows the names of directors and managers that will be involved in running the offshore company.

d. A special declaration of trust
Must be passed by all the stakeholders, who have been nominated to operate the company.

e. The Memorandum and Article of Union must be provided to show the agreement and role played by every member.
This documentation acts as a proof of legality of the offshore company to be opened. In both Belize, BVI, Seychelles and many other offshore jurisdictions, the procedures for registering an offshore company is the same. However, in some jurisdictions such as US, the procedures are a little bit different.

Provident fund is a very common retirement plan to benefit the employees, which is contributory in nature and yields a feeling of participation in employees. The Establishment settles the Provident Fund in form of Trust, required to be registered with the concerned Sub-registrar for getting the status of an independent Body. There are three types of Provident funds, which are known as:

Statutory Provident Funds, which are set up under the Provident Fund Act, 1925 and is maintained by the Government, semi Government organizations, local authorities and other such institutions. Payments from such funds does not need recognitions from the Commissioner Inland Revenue and are exempted from Income Tax.

Recognized Provident Fund, which is recognized by the Commissioner Inland Revenue under the Sixth Schedule of Income Tax Ordinance, 2001. This type of Provident Fund is maintained by private sector or organizations. Payments from such Provident fund are exempted from Income Tax.

Unrecognized Provident Fund No exemptions are available but there is no yearly taxability. Employer’s contributions and interest thereon will be taxable at the time of payments to the employees only.

The Trust is responsible for collection of contribution from employers and employees on monthly basis and to invest the same in various permissible schemes and securities.

The Provident fund is created by the employer in the form of irrevocable Trust, with the name, reflecting the name of the Company and containing the term Employees’ Contributory Provident Fund. At least three to five trustees are appointed for the management of the Trust who are named in the Trust Deed. The Provident Fund Trust Rules are separately prepared / drafted. The Trust Deed is written on the Stamp Paper. The Trust Deed and the Rules specify the terms and conditions pertaining to responsibilities, duties, rights and the liabilities of the company, employees, trustees, auditors, bankers, actuaries etc.

The Trust Deed must broadly contain the information regarding administration and management of the Fund. The eligibility of the membership and companies roles and power in the administration of the fund should also be given. Apart from it the contributions and investments of the fund’s money should also be mentioned. The distributions of the profit among members and the terms regarding the dispute and arbitrations methods may be specified.

The Trust Deed should be registered with the Registrar of the Trust which is a mandatory requirement. One trustee can be authorized to appear before the Registrar and the copies of ID cards of all the trustees and 2 Passport sized photographs of each trustee have to be filed before the Registrar along with original Trust Deed and copy of the Rules. After its registration the Trust has to get its National Tax Number and all the trustees have also to get their NTNs.

After registration is done the application for tax exemption approval is to be filed under Part I of the Sixth Schedule of the Income Tax Ordinance, 2001 before the Commissioner Inland Revenue. Tax exemption’s approval is granted for lifetime of the Provident Fund. The conditions for the approval are also given in Part I of the Sixth Schedule of the Income Tax Ordinance, 2001.

The conditions for tax exemptions are that all the employees should be employed in Pakistan or being employed by the resident employer. However, the tax exemption’s approval can be given to non-resident employer if the total ratio of employees employed outside Pakistan is not more than 10%. The contribution of employer shall not be more than the employee’s contributions.

Profit is distributed at the year-end on the closing accumulated balance of the employees. It is advisable that the calculation is based on the average balance. The members of the Provident fund can have the facility of loan / temporary withdrawal. They can also have the facility of permanent withdrawal on certain grounds. Interest free loans can also be availed, however, they are certain limits to loans as given in the Rules. The guidelines for Provident fund and moneys are also given in the Rules.

Where the employer is not a company the employee’s contributions only and its interest shall be invested in the Securities according to the Section 20 of the Trust Act, 1882, Post Office Savings, Bank Account, National Savings, Federal Government Securities, deposits in NCB and NBP. Other Government securities or in other established financial institutions. On the contrary where the employer is a company, both employer and employee’s contributions and interest shall be invested in accordance with the provision of Section 227 of the Companies Ordinance, 1984. Provident Fund investment rules were issued in the year 1996 which specifies the discipline for investment in the listed Securities. These Rules have been amended from time to time specifically through SRO 261 of May 10, 2002. The Provident fund Rules of 2005 were re-issued regarding investment of Provident funds moneys. The Provident Fund Trust have to file its annual Tax Return each year treating itself as a company.

Here you may find information about trademark law and lawyers in Pakistan. Our dedicated team of professional lawyers best assists their clients in understanding the trademark law in Pakistan. We routinely interact with patent and trademark examiners in the Pakistan Patent and Trademark Office, and secure and protect intellectual property rights efficiently on a very cost-effective tariff. Global Law Company intellectual property lawyers speak the business and technical languages of our clients. The whole focus of our IP counsel is securing for clients the maximum competitive advantage from effective exploitation and protection of their intellectual assets.

Intellectual property issues are critical to the success of any business, regardless of its size. Global Law Company helps clients in virtually all industries, obtain, protect and enforce patents, trademarks, copyrights, trade secrets and other intellectual property rights. Our IP lawyers have strong technical backgrounds and extensive legal and commercial experience as in-house IP counsel, patent and trademark examiners. We routinely interact with patent and trademark examiners in the Pakistan Patent and Trademark Office, and secure and protect intellectual property rights efficiently on a very cost-effective tariff. Global Law Company intellectual property lawyers speak the business and technical languages of our clients.

What is a trademark?
The Trade Marks Ordinance 2001 defines a trademark any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A sign can include a letter, word, name including personal name, signature, figurative element, numeral, device, brand, heading, label, ticket, aspect of packing, shape, color, sound or any combination of these features.

Why register a trademark?
If a trade mark isn’t registered and infringement is suspected, the owner must establish by extensive evidence that as a result of its use of and reputation in the mark the other person’s use is likely to cause deception or confusion. The dispute would be dealt with under the common law action of passing off.

What are the criteria for registration?
In order to be registered, a trademark cannot be one that other traders need to use to promote their own goods or services, such as a directly descriptive term, geographic word or common surname. It must also be capable of distinguishing the applicant’s goods or services from those of other traders and cannot mislead the public about the nature of the goods or services.

When has a trademark been infringed?
In Pakistan, a registered trade mark is infringed by the unauthorized use of that mark, or a mark that is substantially identical or deceptively similar to it:

In relation to any goods or services for which the trade mark is registered;

In relation to goods or services that are similar (Unless the alleged infringer establishes the use isn’t likely to deceive or cause confusion); or

Where the relevant mark is well-known in Pakistan and use (even on unrelated goods or services) indicates a connection with the owner and thereby adversely affects its interests.

What is the role of a trademark attorney?
Trademark attorneys are qualified to act on behalf of clients (along with registered patent attorneys and lawyers) in relation to matters arising under the Trade Marks Ordinance, 2001. They advised on issues relating to registration and enforcement of trade marks and prosecute the applications before the Trade Marks Registry.

Insurance is a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually called the “insurer” or “underwriter”, the other the “insured” or “assured”, the agreed consideration, the “premium”, the written contract, a “policy” the events insured against “risks” of “perils” and the subject, right, or interest to be protected, the “insurable interest”; A contract whereby one undertakes to indemnify another against loss, damage, or liability arising from an unknown or contingent event and is applicable only to some contingency or act to occur in future; An agreement by which one party for a consideration promises to pay money or its equivalent or to do an act valuable to other party upon destruction, loss, or injury of something in which other party has an interest.

Insurance transfers and allocates risks from the person taking the policy or “the insured” to the insurance company or “insurer.” An insurance policy is a special agreement between the insurer and the insured. To be enforceable, the insurance policy must meet all of the usual requirements of a contract and, in addition, the insured must have an “insurable interest” in the subject matter being insured, such as property, life, and health.

Businesses usually carry basic property insurance and commercial liability policies. But they may also carry fidelity insurance, business interruption insurance, and directors and officers’ liability insurance.

Any time an insured individual is denied insurance benefits or offered less than what they believe to be adequate, there is potential for a coverage dispute. For example, an employer’s workers compensation insurance will normally cover an injured employees’ medical bills for injuries sustained in workplace accidents. But if one employee purposely causes the injury of another that may not be classified as an “accident”, and the employer, rather than the insurance company may be responsible for the medical bills. Similarly, a home owner may hire a contractor to build an addition onto his or her house and then offer to help with the construction to reduce costs. If the home owner is injured, whose insurance company has to pay?

If you’re involved in an insurance dispute, make sure your attorney has the experience and skill to make sure your rights are protected.

Insurance law services
When it comes to insurance, the right protection means everything. For most people it means peace of mind and the reassurance that when something goes wrong, they get the help and support needed to resolve the situation. We provide outstanding legal support for our clients. This is underlined by the fact you have may have been referred to us by your insurance company, as we work for some of the largest and most successful insurance companies in Pakistan and Worldwide.

We’re experts in insurance law services
Although you may be benefiting from our expertise in insurance law without realizing it, if you ever had to make use of your policy, you’d know the difference it can make to have one of the largest law firms in Pakistan on your side.

Of course, you can’t buy your insurance from us direct, but it’s good to know that there are real legal experts behind your policy; experts who not only know the insurance market, but are leaders in the legal field, able to pursue your claims with a comprehensive knowledge of the legal claims process.

Requesting legal representation
We also offer a legal representation service for motoring offences and “totting up”, which means we can represent you in legal matters where you are facing the loss of your driving licence or imprisonment for driving related offences.

Human Rights issues are currently the fundamental concerns of International Community and no state can afford to ignore Human Rights abuses within its jurisdiction. Our human rights law experts in Pakistan best assist anyone around the globe on account of enforcement of human rights.

The Fundamental Rights, as embodied in our Constitution, are the bed-rock of Pakistan democracy, and the rights to constitutional writs, contained in Articles 185 and 199 of the Constitution, is one of the formidable instruments in the hands of the Pakistan Citizens to assert their rights.

During the last 60 years, Pakistani Courts, and particularly the Supreme Court, have in many cases interpreted the Constitutional provisions relating to the Fundamental rights. In several of them, they have defined the nature and scope in the changing contents of our political, social and economic life. A thorough study of these provisions and the scope and trends, which emerge from judiciary pronouncements, are necessary in a growing democracy.

undamental Rights are guaranteed under Articles 8 – 40 of the Constitution of Islamic Republic of Pakistan, 1973 as under:

Laws inconsistent with, or in derogation of, Fundamental Rights to be avoided

Security of Person

Safeguards as to arrest and detention

Slavery, forced labour etc., prohibited

Protection against retrospective punishment

Protection against double punishment and self-incrimination

Inviolability of dignity of man, etc.

Freedom of movement, etc.

Freedom of assembly

Freedom of association

Freedom of trade, business or profession

Freedom of speech, etc.

Freedom to profess religion and to manage religious institutions

Safeguards against taxation for purposes of any particular religion

Safeguards as to educational institutions in respect of religion, etc.

Provision as to property

Protection of property rights

Equality of citizens

Non-discrimination in respect of access to public places

Safeguard against non-discrimination in services

Preservation of language, script and culture

Principles of Policies

Responsibility with respect to Principles of Policy

Islamic way of life

Promotion of local Government institutions

Parochial and other similar prejudice to be discouraged

Full participation of women in national life

Protection of family, etc.

Protection of minorities

Promotion of social justice and eradication of social evils

Promotion of social and economic well-being of the people

Participation of people in Armed forces

Strengthening bonds with Muslim world and promoting international place

Are you party to a lawsuit? Then, you definitely need a Civil Law Lawyer to represent you in your case. Even if you are not party to any civil lawsuits, you may find that retaining a Civil Law Lawyer can be quite beneficial. For example, if you are creating or party to a trust, contract, mortgage, title, or lease a Civil Law Lawyer can advise you of your legal rights and obligations to save you a lot of money and legal hassles down the road. A qualified Civil Law Lawyer can also help you if you are running a business. Businesses end up in civil lawsuits all the time. A Civil Law Lawyer can give you timely advice that can save you from costly civil law litigation. Select a qualified Civil Law Lawyer that’s right for you.

The law firm, in competition with other firms, is a leader in the provision of civil law services to citizens, companies, local authorities and government bodies. Services in this field are provided, in particular, in civil, labour and family law relationships. Thanks to their long experience in this field, some attorneys lecture and publish on it. The law firm provides its clients with both advice and comprehensive solutions. It drafts legal documents, contracts dealing with legal relations between clients and agreements settling disputed issues, always attempting to find the best solution for the client which gives him the greatest legal certainty.

Challenge Injustice to Obtain Justice

We also litigate housing discrimination, public accommodation discrimination, and various other civil rights cases. Our civil rights lawyers have handled campaign finance litigation and injunctions and litigation on behalf of abortion clinics. As a progressive law firm, we are interested in challenging injustice to obtain justice in the proactive practice of law.

Global Law Company is regarded as one of the preeminent litigation firms in Pakistan, and general civil litigation is the firm’s mainstay. The firm has handled virtually every kind of litigation imaginable – for individuals and for institutions. It has been involved with the most complex cases facing businesses across the industry spectrum, with a particular emphasis on two things: first, rapid response when clients must obtain or resist emergency relief, and second, preparing cases for actual trial in the courtroom.

Here you may find information on banking law in Pakistan. Our dedicated team of professional lawyers may best assists their clients in resolving banking law issues in Pakistan. We deal in establishment, incorporation and share capital in Banking Companies, Cooperative Banks and Financial Institutions, Transactions of Banking Business, Suspension of Business and Winding up of Banking Business, Recovery of Loans, Mortgage Matters, Landlord & Tenant, Debtor & Creditor, Contracts, Bankruptcy, Bank Secrecy Matters and Negotiable Instruments etc.

We also deal with the matters relating to borrowing, raising or taking up of money, the lending or advancing of money either upon or without security, all kinds regarding bills of exchange, hundis, promissory notes, coupons, drafts, bills of lading, railway receipts, warrants, debentures, certificates including participation term certificates, modaraba certificates and musharika certificates etc and dealing in bullion and species, buying and selling of foreign exchange including foreign bank notes, the acquiring, holding, issuing on commission, underwriting and dealing in stock, funds, shares, debentures, bonds, obligations and securities, all kinds of investments, the receiving of all kinds of bonds, scripts or valuable on deposits.

In the sophisticated and competitive world of contracts, businesses turn to Global Law Company as legal advisers who do more than structure bids, negotiate agreements, ensure compliance with rules and regulations and resolve disputes. Our government, commercial & international contracts practice consists of attorneys who pair deep experience in contract law with in-depth, firsthand knowledge of the way business works.

Global Law Company provides a professional contract drafting, negotiation and advisory service for business. Whether you are looking for a standard form commercial contract for everyday use in your business, or a bespoke contract to cover a particular transaction or relationship, we will be able to provide you with quality documentation at reasonable rates. Each contract we prepare for you will have been carefully drafted to reflect your commercial requirements. We are also skilled contract negotiators, and we are able to get the best for our clients from any contractual negotiation.


We have substantial experience of advising both suppliers and customers on a broad range of commercial contracts across many different sectors and jurisdictions. Our experience includes commercial contracts for services, licensing, development, distribution, marketing, manufacturing, outsourcing, maintenance and support and on-line terms and conditions. Our commercial practice incorporates specialist tax, intellectual property and regulatory expertise to ensure that clients benefit from appropriate structuring advice and are able to protect and exploit their valuable proprietary rights.

SERVICES INCLUDED

  • Bankruptcy Trustees
  • Creditors Committees
  • Executory Contracts
  • Mortgage Warehouse Financing Workouts

 

  • SEC Receiverships
  • Workouts & Restructuring
  • Secured Creditors
  • Chapter 11 Debtors

The Banking Law Firm concentrates all of its resources and professional efforts in the specialized field of Federal bank regulatory law. The firm places particular emphasis upon and specializes in the defense of Federally insured financial institution and their officers and directors in all matters pertaining to supervisory bank examinations conducted by all of the Federal bank regulatory agencies to assess compliance with all applicable Federal banking laws, rules and regulations governing the operations of such institutions.


The caliber of the firms' defensive assistance services has been highly regarded by banking institutions throughout Pakistan, including in-house counsel and regularly retained attorneys for such institutions. The firm also provides assistance in all types of regulatory applications to the Federal banking agencies, as well as defensive assistance in personal civil liability actions instituted against officers and directors of financial institutions for alleged breaches of their legal duties and responsibilities as officers or directors of such institutions.

Global Law Company provides services around the world to money-center banks, savings and loans, insurance companies, finance companies, institutional investors, investment banks, private banking and trust operations, credit unions, mortgage banking and brokerage companies, and international and foreign banks institutions.

The Banking Law and Financial Services Group represents banks, mortgage companies, other institutional lenders, businesses and individuals in connection with all aspects of banking law and financial services. Attorneys in this Group handle real estate, commercial lending, and consumer transactions, both secured and unsecured. They assist clients on issues relating to the consumer lending laws, servicing agreements, brokerage agreements, wholesale agreements and funding agreements, and negotiate and prepare loan documentation.

The Group also represents banks, mortgage companies and other lenders on issues involving federal and provincial regulations, new bank charters, holding company formations, conversions, new or acquired branch applications, mergers, acquisitions and licensing / qualification in jurisdictions throughout the country. It also handles all aspects of secondary market transactions, including portfolio purchases, servicing agreements, securitized financing acquisitions and all of the many business and real estate issues which arise in such transactions.

Property is thing which is peculiar or proper to any person; that belongs exclusively to one. In the strict legal sense, an aggregate of rights which are guaranteed and protected by the Government. The term is said to extend to every species of movable right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to dispose of a thing in every legal way, to possess it, to use it, and to exclude every one else from interfering with it. That dominion or indefinite right of use or disposition which one may lawfully exercise over particular things or subjects. The exclusive right of possessing, enjoying and disposing of a thing. The highest right a man can have to anything; being used to refer to that right which one has to lands or tenements, goods or chattels, which no way depends on another man's courtesy. According to Transfer of Property Act 1882 "Property means (i) the thing itself, or (II) some or all the rights in a thing."


Land and anything permanently affixed to the land, such as buildings, fences, and those things attached to the buildings, such as light fixtures, plumbing and heating fixtures, or other such items which would be personal property if not attached. The term is generally synonymous with real property.

SERVICES INCLUDED

  • Bankruptcy Trustees
  • Creditors Committees
  • Executory Contracts
  • Mortgage Warehouse Financing Workouts

 

  • SEC Receiverships
  • Workouts & Restructuring
  • Secured Creditors
  • Chapter 11 Debtors

Here you may find the information about constitutional law, law of writs and jurisdiction of courts in Pakistan. Our team of constitutional lawyers best assist their clients in constitutional litigation in Pakistan. Constitution is not an ordinary statute made in ordinary legal procedure. It is the creation of a Constitutional Act and therefore the sanctity of a Constitution is much higher than any statute made by the legislature. A Statute is an act to fulfill a particular social, political or economic need and so its efficacy of importance does not endure so long. But a Constitution is made to endure with the avowed purpose to fulfill the aspiration of the people who made it. It is by the people, for the people and a documentation of the cherished good of the people. Constitutions are not conceived and acted in vacuum, and as an instrument of Government. It is always intended the condition and as it is itself conditioned by the circumstance and environment of the community whose activities seek it to regulate. It is never internal and differs from other laws only in respect of general national purpose, it has in view. Constitution, written - unwritten has a philosophy of its own: it is the means of ordering the life of people. This way we should have good understanding of our constitution.


One reason why the law of constitution is imperfectly understood is that we rarely put it side by side with the constitutional provisions of other countries. In other words a comparative study of the constitution is absolutely necessary for its perfect understanding. Apart from it we should also study to find out that what was in the mind of constitution makers.

Constitutional interpretations by Courts have played an important role in settling political problems as well as other issues involving individuals and parties. These interpretations have also restricted or expanded the scope of action of different functionaries of the Government and enabled individuals and groups to enjoy constitutional and legal protection. The Supreme Court of America, in a case held that an unconstitutional act is not a law, it confers no rights, it imposes no duties, it creates no offence and this act is inoperative as it has never been passed. The Superior Courts in Pakistan also support this viewpoint. In all matters, aggrieved person can avail the statutory remedy of Appeal or Revision, which is not some times adequate, effective, efficacious, convenient, beneficiary and expeditious. In such situations the aggrieved party can avail the extra ordinary remedy by invoking constitutional jurisdiction of the High Court or Supreme Court, which is obviously speedy and effective remedy and foster the justice. These conditions occasionally overlap or conflict with each other.

Law of Writs in Pakistan

A writ is an official written directive issued by an organisation with administrative or judicial jurisdiction; in modern sense, this organisation is known as a court. There are many types of writs exist including prerogative writs, summons and warrants but there are many others.

The writ, in common parlance, is an order issued by a court in the name of an authority requiring the performance of a specific act.

Prerogative Writs

The "prerogative" writs or writs based on privileges are a subclass of the group of writs, those that are to be heard before regular cases on a court's docket except other such writs. The most common types of prerogative writs are mandamus, certiorari, habeas corpus, procedendo, prohibito, and quo warranto, although these technical names have not been prescribed in the constitution.

Writ of Mandamus

Mandamus is a judicial remedy which is in the form of an order from a superior court to any subordinate court, organisational or public authority to do or refrain from doing some specific act which that body is obliged under the law to do or abstain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to force an authority to do something against any statutory law.

Writ of Certiorari

Certiorari is a writ intending for seeking judicial review, currently means an order by a superior court directing a lower court, tribunal, or public authority to submit the record in a certain case for review.

Writ of Habeas Corpus

Habeas corpus is a legal action through which a prisoner can be released from an unlawful custody or detention. The remedy can be pursued by the prisoner or by another person coming to his / her assistance. Habeas corpus originated in the English legal system, has historically been an important legal mechanism, protecting rights of individual against arbitrary governmental action.

Writ of Procedendo

A writ of procedendo is a remedy where there is a delay in rendering a judgment that amount to a abandonment or denial of justice. It is an order of a higher court to lower court, directing that court to extract a delayed judgment. The writ does not specify as to what judgment the lower court must extract, it merely orders the lower court to proceed to judgment. Rebuttal to comply with the writ may subject the lower court to an excerpt for contempt.

Writ of Prohibito

The Court may issue a writ of prohibition to prohibit the authority from acting in excess of its jurisdiction. This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction.

Writ of Quo Warranto

The writ of quo warranto is issued against a person who claims or usurps a public office. Through this process, the court inquires 'by what authority' the person supports his or her claim.

Other writs

Other writs include audita querela, capias, coram nobis, fieri facias, mittimus, ne exeat republica, praemuire, scire facias, frrts and venire facias etc.

SERVICES INCLUDED

  • Bankruptcy Trustees
  • Creditors Committees
  • Executory Contracts
  • Mortgage Warehouse Financing Workouts

 

  • SEC Receiverships
  • Workouts & Restructuring
  • Secured Creditors
  • Chapter 11 Debtors

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus tempor lacinia diam quis imperdiet. Proin vitae iaculis nisl. Cras eleifend quam lectus, sed bibendum libero convallis at. Nulla sagittis convallis neque at scelerisque. Pellentesque placerat bibendum magna, semper accumsan sem congue nec. Etiam viverra, ipsum vel suscipit varius, neque odio suscipit orci, et molestie metus mi a dui.

Here you may find information about family law in Pakistan. Our team of family lawyers best assist their clients in resolving family law affairs herein Pakistan. The legal system is based on English common law and Islamic law. The former is more influential in commercial law while the later is more influential in personal status (and more recently, criminal and tax law to some extent).

After the partition of India in 1947, the legislation relating to Muslim family law introduced in British India continued to govern personal status. A seven-member Commission on Marriage and Family Laws was established in 1955 with a remit to consider the personal status laws applicable in the new state and determine the areas needing reform. The Commission submitted its report in 1956, suggesting a number of reforms, including, for example, the consideration of all triple talaqs (except for the third of three) as single, revocable repudiations.


The report led to much debate, with many leading ulama (including Maulana Abual Ala Maududi, leader of the Jamaat-i-Islami) opposing its recommendations. The Muslim Family Laws Ordinance, 1961 adopted some of the provisions of the Report of the Marriage and Family Laws Commission, aiming to reform divorce law and inheritance law relating to orphaned grandchildren, introduce compulsory marriage registration, place restrictions on the practice of polygamy, and reform the law relating to dower and maintenance in marriage and divorce, as well as to amend existing legislation with relation to marriage age. Again, various sectors of the ulama regarded this as unjustified interference or tampering with the classical law. When the first Constitution of Pakistan was finally promulgated in 1956, it included a provision that came to be referred to as the repugnancy clause. This clause stated that no law repugnant to Islamic injunctions would be enacted and that all existing laws would be considered in light of this provision, in order to institute appropriate amendments. This repugnancy provision has been retained and actually strengthened in the succeeding Constitutions.

After a military take-over in 1999, the Constitution was again suspended. During 2000, discussions continued about possible amendments to the Constitution.

Schools of Fiqh

The predominant madhhab is the Hanafi, and there are sizeable Jafari and Ismaili minorities. The legal status of the Ahmadis is somewhat unclear. They self-identify as Sunni Muslims, but were declared non-Muslims by the state. In 1974, then-Prime Minister Zulfiqar Ali Bhutto finally conceded to a long-standing campaign waged by conservative religious elements agitating for the official designation of Ahmadis as non-Muslims. There have been Ahmadi initiatives to adopt a modified version of the Muslim Family Laws Ordinance 1961 to be applied to Ahmadi personal status cases. There are also Christians, Zoroastrian, Hindu, Sikh and Jewish minorities in Pakistan.

Constitutional Status of Islamic Law

The third Constitution was adopted on 10th April 1973, suspended in 1977, and re-instituted in 1985; it has undergone numerous amendments over time. It was suspended again in 1999 and remained suspended at the time of writing.

Article 1 of the Constitution declares that Pakistan shall be known as "the Islamic Republic of Pakistan" and Article 2 declares Islam the state religion. In 1985, the Objectives Resolution contained in the preamble of the Constitution was made a substantive provision by the insertion of Article 2A, thereby requiring all laws to be brought into consonance with the Quran and sunnah. Chapter 3A establishes the Federal Shariat Court and stipulates that the Court shall take up the examination of any law or provision of law that may be repugnant to the "injunctions of Islam, as laid down in the Holy Quran and the Sunnah". If a law or provision is determined to be repugnant, the Court is to provide notice to the federal or provincial government specifying the reasons for the decision. The Court may also examine any decisions relating to the application of the hudud penalties which have been decided by any criminal court, and may suspend the sentence if there is any question as to the correctness, legality or propriety of any finding, sentence or order or the regularity of the proceedings. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of the Federal Shariat Court and consisting of three Muslim Supreme Court judges and up to two ulama. Part IX of the Constitution is entitled Islamic Provisions and provides for the Islamization of all existing laws, reiterating that no laws shall be enacted which are repugnant to the injunctions of Islam. An explanation appended to Part IX clarifies that, with respect to personal law, the expression "Quran and Sunnah" means the laws of any sect as interpreted by that sect.

The Islamic provisions also provide for the creation of an Islamic Ideology Council of 8 to 20 members appointed by the President. They must have "knowledge of the principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan." The Islamic Council is meant to represent various schools of thought as far as that may be practical, and at least one woman should be appointed. Its function is to make recommendations to the Majlis-e-Shoora (Parliament) and the Provincial Assemblies "as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah." The Council also determines for the federal and provincial governments whether or not proposed laws are repugnant, and compiles for them in suitable form "such Injunctions of Islam as can be given legislative effect.

Criminal Law is an extreme field of practice coverning all those aspects that entail crime as its factor. Every act or omission that violates a command, derives its force from legislature or from authority - either political or religious - that has absolute sway over the matters of state is considered to be a crime. This is the reason that state stands as a prosecutor against the alleged culprit.

Pakistan has a very detailed criminal law that is though outdated to some extent but it tends to cover all aspects that do constitute a crime. To understand the criminal law in Pakistan one needs to understand the socio cultural phenomena of this country also. Most of the criminal law that has been prevailing in Pakistan was introduced by the British Empire when India was a colony and Pakistan was part of it. Even then a care was taken to understand the social conditions and criminal law was tried to be conditioned according to the cultural circumstances of the colony. This is the reason that it was willfully accepted by India and Pakistan both after their freedom from British Empire. Code of Criminal Procedure (V of 1898) that was implemented in colony is still largely the prescribed criminal procedure followed by the courts in Pakistan. Similarly the Penal Code (XLV of 1860) that was introduced in colony is still largely followed in shape of Pakistan Penal Code.

Challenge Injustice to Obtain Justice

We also litigate housing discrimination, public accommodation discrimination, and various other civil rights cases. Our civil rights lawyers have handled campaign finance litigation and injunctions and litigation on behalf of abortion clinics. As a progressive law firm, we are interested in challenging injustice to obtain justice in the proactive practice of law.

Global Law Company is regarded as one of the preeminent litigation firms in Pakistan, and general civil litigation is the firm's mainstay. The firm has handled virtually every kind of litigation imaginable - for individuals and for institutions. It has been involved with the most complex cases facing businesses across the industry spectrum, with a particular emphasis on two things: first, rapid response when clients must obtain or resist emergency relief, and second, preparing cases for actual trial in the courtroom.


The firm's civil practice is national in scope. Lawyers from the firm have appeared in Supreme and High Courts throughout the country. They have provided national direction and co-ordination in class actions and other complex cases in which clients are forced to appear in numerous jurisdictions simultaneously. In these cases, the firm has experience in developing a comprehensive strategy, avoiding wasteful duplication of discovery efforts, making sure that consistent factual and legal positions are taken by local counsel, working closely with them to implement the national strategy, and co-ordinating with other counsel in joint defense arrangements. Through these efforts, the firm works to achieve the best possible litigation results with cost efficiency, including saving the valuable time of corporate executives and employees.

Transfer of Interest

The first requisite of a mortgage is that there should be a transfer of an interest in immovable property, so where there is no actual transfer of some interest there is no mortgage. A mere agreement to transfer cannot create a mortgage.

Thus, when the borrower agrees not to alienate a specified property till the loan is repaid, the condition only imposes a restriction on his power of disposal of the property and does not amount to the transfer of an interest in it so as to create a mortgage of the property.

The mortgagee has an interest in the property as a security for his debt subject to the important limitation, that so long as that interest subsists, the mortgagor has the right to redeem the property.

The Deed of Trust

The deed of trust is a deed by the borrower to a trustee for the purposes of securing a debt. In most states, it also merely creates a lien on the title and not a title transfer, regardless of its terms. It differs from a mortgage in that, in many states, it can be foreclosed by a non-judicial sale held by the trustee. It is also possible to foreclose them through a judicial proceeding.

According to Transfer of Property Act, 1882 there are mainly six kinds of mortgages:

Simple Mortgage

Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be supplied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee. The essentials of a simple mortgage are:

  • The mortgagor undertakes personal liability;
  • No possession is delivered;
  • There is no foreclosure;
  • No power of sale out of Court, but a decree for the sale of mortgaged property must be obtained; and
  • It must be effected by a registered document even if the consideration is below Rs. 100.

In the Punjab, registration, where the value is below Rs. 100, is not necessary because the Transfer of Property Act does not apply to the Punjab and under the Registration Act if an interest of the value of Rs.100 or more in immovable property is transferred, registration under the Act is essential.

In a simple mortgage two remedies are open to a mortgagee:

A suit for money decree; or

A suit for the sale of the property mortgaged.

If there is a provision in a simple mortgage that if default is made in payment of interest, the mortgagee will take possession of the property mortgaged, then this is not a simple mortgage but an anomalous mortgage combining in itself the incidents of both a simple and a usufructuary mortgage.

Mortgage by Conditional Sale

Where the mortgagor ostensibly sells the mortgaged property-

On condition that on default of the payment of the mortgage-money on a certain date the sale shall become absolute, or

On condition that on such payment being made the sale shall become void, or

On condition that, on such payment being made the buyer shall transfer the property to the seller.

The transaction is called a mortgage by conditional sale and the mortgagee by conditional sale:

Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.

In this mortgage:

  • The mortgagor ostensibly sells the mortgaged property;
  • The ostensible sale ripens into absolute proprietorship on default;
  • There is no covenant for the personal liability, unless expressly stipulated;
  • The remedy of the mortgagee is foreclosure and not sale; and
  • The document should be registered if the consideration is Rs. 100 or more. If less than Rs. 100 it can be effected by delivery of the property or by a registered instrument.

Usufructuary Mortgage

Where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee and authorizes him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest or partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee and usufructuary mortgagee.

English Mortgage

Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.

Mortgage by Deposit of Title-Deeds

A mortgage by deposit of title-deeds is commonly known as an equitable mortgage. The essentials of such a mortgage are:

  • A debt;
  • Deposit of Title-Deeds; and
  • An intention that the title-deeds shall form security for the debt.

In a mortgage by deposit of title deeds, two questions are of importance: (1) What are title-deeds? (2) Where should they be deposited to create a valid mortgage?

When in a transaction of mortgage by deposit of title-deeds, such deeds are handed over accompanied by a document constituting a bargain between the parties, such document require registration but when it merely records an already completed transaction it does not require registration as law supposes that the scope of the security is the scope of the title.

Where a person in the town of Karachi, and in any other town which the Provincial Government concerned may, by notification in the official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.

Provided that, where a mortgage by deposit of title-deeds is to be created in favour of a banking company as defined in the Banking Tribunals Ordinance, 1984, the same may also be created by an entry in the record-of-right against the entry relating to such immovable property.

Anomalous Mortgage

A mortgage which is not a simple mortgage, a mortgage by conditional sale, a usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.

Following are the kinds of sub-mortgage:

Pledge or Pawn

Pledge is a bailment to a creditor as security for some debt or engagement. A pledge, considered as a transaction, is bailment or delivery of goods or property by way of security for a debt or engagement, or as a transaction, is a bailment or delivery of goods or property by way of security for the performance of an act. Another definition is that a pledge is a security interest in a chattel or in an intangible represented by an indispensable instrument (such as formal, written evidence of an interest in an intangible so representing the intangible that the enjoyment, transfer, or enforcement of the intangible depends upon possession of the instrument), the interest being created by a bailment for the purpose of securing the payment of a debt or the performance of some other duty. A pledge is a promise or agreement by which one binds himself to do or forbear something.

Charge

Where immovable property of the debtor is used as security for the payment of money to the creditor, is said to have a charge on the property. It is different from the mortgage in that the charge does not involve the transfer of interest in the property, while the mortgage does.

Lien

Lien is a charge or security or encumbrance upon property. Lien is a charge against or interest in property to secure payment of a debt or performance of an obligation. Lien is a "right in one man to retain that which is in his possession, but belongs to another, till certain demands of the person in possession are satisfied." It can arise in one of three ways: (1) By Common Law. (2) By express or implied contract. (3) By the general course of dealing in the trade in which to retain the property is claimed for a general balance of accounts while particular lien is a right to retain property "for a charge on account of labour employed or expenses bestowed upon the identical property detained." It describes the right to retain property until some debt in claim is paid. Thus an inn-keeper has a lien on a lodger's property until the bill for board and lodging is paid.

Registration of Mortgages, Charges etc.

Transfer of Property Act, 1882

According to the Section 59 of the Transfer of the Property Act, 1882, where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title-deeds can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses.

Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by a registered instrument signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.

Registration must be in accordance with the provisions of the Registration Act, 1908 and a defective registration would vitiate the mortgage transaction. The document will be inadmissible in evidence for want of registration, though it can be received in evidence for a collateral purpose to prove the nature of the possession of the mortgagee, or the personal obligation of the mortgagor for the purpose of granting a simple money decree.

Companies Ordinance, 1984

According to the Section 121 of the Companies Ordinance 1984, every mortgage, charge or other interest created by a company and being either:

  • a mortgage or charge for the purpose of securing any issue of debentures; or
  • a mortgage or charge on uncalled share capital of the company; or
  • a mortgage or charge on any immovable property wherever situate or any interest therein; or
  • a mortgage or charge on any book debts of the company; or
  • a mortgage or charge, not being a pledge, on any movable property of the company; or
  • a floating charge on the undertaking or property of the company, including stock-in-trade; or
  • a mortgage or charge on a ship or any share in a ship; or
  • a mortgage or charge on goodwill, on a patent or license under patent on, a trade mark, or on a copyright or licence under a copyright; or
  • a mortgage or charge or other interest based on agreement for the issue of any instrument in the nature of redeemable capital; or
  • a mortgage or charge or other interest based on a mushrika agreement; or
  • a mortgage or charge or other interest based on hire-purchase or leasing agreement for acquisition of fixed assets;

shall, so far as any security on the company's property or undertaking is thereby conferred, be void against the liquidator and any creditor of the company, unless the prescribed particulars of the mortgage or charge, together with a copy of the instrument, if any, verified in the prescribed manner, by which the mortgage or charge is created or evidenced are filed with the registrar for registration in the manner required by Companies Ordinance within twenty-one days after the date of its creation, but without prejudice to any contract or obligation for repayment of the money thereby secured, and when a mortgage or charge becomes void under this section the money secured thereby shall immediately become payable.