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

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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

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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

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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

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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

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Whether a hard disc that contains a video of a crime scene qualify as a document under the Qanun-e-Shahadat Order 1984?

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The Hon’ble Sindh High Court  in the case “Government of Sindh through Advocate-General Sindh V. Fahad Naseem and 3 others “ it was held that movie film /video cassette comes within the purview of document ,as defined under Article 2(1)(b) of the Qanun-e-shahadat order 1984. In cases based on police reports, certified copies of the … Read more

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How can I execute my judgement/ decree against X for the recovery of maintenance in family courts where X has not made a single payment and has no other source of income except salary?

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The Family Court Act of 1964 Section 13(3) deals with the Enforcement of decrees, whereas Section 17 of the same act disallows the use of the Civil Procedure Code. But it is now a well-established law that: “The Family Court may follow the procedure as contained in The Code of Civil Procedure (V of 1908) … Read more

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I opened a bank account with the bank and obtained safe deposit locker. The gold jewelry was kept but after some time the jewelry that had been kept in the bank’s locker went missing. I complained to the bank manager about my missing jewelry, but my complaint was turned down. So please guide me?

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People store their assets in bank lockers because of their trust in the banks. You may file a complaint with banking Mohtasib in line with section 82-D of BANKING COMPANIES ORDINANCE, 1962, by submitting an affidavit outlining your issue with the bank, such as the missing of gold ornament. In its  ” Master Circular On … Read more

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Which section of sales tax act 1990 facilitates to adjust input tax at the time of making payment of output sales tax?

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Section 7 of the sales tax act 1990, determination of tax liability, is a helpful legal provision that allows a registered person to adjust input tax while paying output sales tax. Disclaimer: The above information is intended to be general in nature and should not be taken as legal advice. If you need legal advice, … Read more

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Mr. A has brought a property suit against B. The trial court decreed the suit against B, and for that, B filed an appeal but unfortunately, B’s lawyer withdrew B’s appeal without B’s consent and it eventually went in favor of A. So please guide that what option B has in this scenario?

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B may file an application for fraud and misrepresentation in accordance with Section 12(2) of the Civil Procedure Code of 1908. B must show that fraud was committed against B and that the trial court granted B’s counsel withdrawal application in defiance of the actual circumstances. B must show that the decision to withdraw the … Read more

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