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What separates a necessary party from proper party in a suit?

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—That a party, without whose absence a suit cannot be proceeded with and a final and binding decree cannot be passed, is called “necessary party”. A person whose presence is necessary for the adjudication of all issues and matters involved in the suit and whose interest in or against the relief or the subject matter … Read more

Karachi Metropolitan Corporation (KMC) has no authority to charge or collect mutation charges/fee in respect of immoveable property, wherein, the right and title is acquired by way of inheritance: SHC

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Reference: Mr. Cyrus Cowasjee and 2 others………………….Petitioners Vs. Karachi Metropolitan Corporation………………….Respondent, Constitution Petition No. D – 3172 of 2016.

Wife seeks the removal of her husband’s name from the blacklist so that her husband can renew his passport and return to Pakistan to face a trial registered against him.

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Discussed Laws: Passport and Visa Manual, 2006. The name of petitioner’s husband has been placed in the blacklist for having been involved in a criminal case under section 22 of Emigration Ordinance, 1979. Clause 51 of the Passport & Visa Manual, 2006 provides procedure for blacklisting, which is reproduced hereunder: –  “51. Procedure for blacklisting … Read more

Doctrine of Textualism

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The Honorable Lahore high court in the case “Service Global Footwear Limited and another versus Federation of Pakistan and others” has stated in the judgement that Doctrine of textualism is “a method of statutory interpretation that asserts a statute should be interpreted according to its plain meaning and not according to the intent of the legislature, … Read more

Q) I have paid taxes in my home country and have offered engineering services to a local business in Pakistan, am I eligible for a tax exemption under Pakistan tax law?

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A) International tax convention or agreements or treaties are primarily relieving in nature and focus on tax relief. To avoid double taxation it’s advisable to consult with a lawyer who can evaluate your case and guide you through legal remedies under the normal tax regime in Pakistan. Disclaimer: The above information is intended to be … Read more

Essential to the validity of a gift

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Q) In my joint property, I have gifted my share to my cousin and also registered the gift deed with the sub-registrar. But I have never handed over the possession of property to my cousin , can I revoke the gift deed ? A ) For valid gift deed there are three essentials. In your … Read more

What does misconduct by an arbitrator in the proceedings mean?

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The Honourable Supreme Court of Pakistan in the case “Injum Aqeel  versus Latif Muhammad Chaudhry and others” noted that “ an arbitrator misconducts the proceedings when (i) there is a defect in the procedure followed by him; (ii) he commits breach and neglect of duty and responsibility; (iii) he acts contrary to the principles of … Read more