Monthly Archives: May 2019

Succession: What If A Legal Heir Dies Before Getting His Share?

May 25, 2019Uncategorizedadvocate, courts, Fundamental, Fundamental rights, heir, high court, Human, human rights, Judge, law, lawsuit, lawyer, legal heir, Muslim, Muslim personal law, Rights, Shariah, Succession, Supreme Courtadmin

Under Pakistani and Muslim law, a legal heir of a deceased becomes entitled to his share in the estate (=properties) of the deceased as soon as the deceased passes away.

This means that even if he does not get his hands on the possessions of the deceased, he becomes the owner to the extent of his share according to his religious law. To get this share, he can either take it with other people’s consent (=رضامندی), or if that is not possible, then he can approach the court to obtain a Succession Certificate or a Letter of Administration. Also note that you cannot sell the land/immovable property without the permission of the court.

Now, if a legal heir dies before actually getting his share, it will be considered his owned property and as such his legal heirs can approach the court and demand his share to which he was already entitled during his lifetime. This is provided in Section 4 of the Muslim Family Law Ordinance, 1961.

Human Rights Series: Equality For Women

May 15, 2019Uncategorizedadvocate, Basic, courts, equality, Fundamental, Fundamental rights, gender, high court, Human, human rights, Judge, law, lawsuit, lawyer, men, protection, Rights, sex, special, Supreme Court, Womenadmin

Equality of all men and women is the latest hot topic in the modern world – and rightly so! Pakistan acknowledges the fact that women are equal to men and they should not be discriminated on the basis of their gender. Article 25 of the Constitution of Pakistan, 1973 provides for this fundamental right by stating that:

There shall be no discrimination on the basis of sex.
Article 25(2)

This means that in every walk of life, men and women are considered equal. Be it admissions to a University, appointment in a company or government job, entry to a place, or any other thing under the sun, the women in Pakistan have the same legal opportunity as the men in Pakistan. This is not limited to the citizens of Pakistan, but also applies to foreigners visiting this beautiful country.

Article 25 goes one step further by giving additional protection and advantage to the women by providing that:

Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
Article 25(3)

Here, the government can make special laws and rules in favor of women to protect them. Such rules may include special, women-only seats in a bus, specially allocated seats in the Parliament or government jobs, ladies-only parks (although we never see men-only parks. Hear that, feminists!), etc.

This right is absolute and without any exception. No government or other institution is allowed to violate this basic human right. If someone’s right is being violated, she should immediately file a petition in the High Court. If the court believes that the right has been violated, it will issue necessary directions to ensure that the right is fully restored.

Human Rights Series: Right To Buy Property

May 12, 2019Uncategorizedadvocate, courts, Fundamental, Fundamental rights, high court, Human, human rights, Judge, law, lawsuit, lawyer, Rights, Supreme Courtadmin

Article 23 of the Constitution of Pakistan lays down the right to acquire property, stating that every Pakistani is permitted to buy property in any part of Pakistan. It says:

Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

There can be some restrictions on the exercise of this right, e.g. there is a limit on the amount of land we can purchase. Similarly, some lands may be designated for specific purposes such as hospitals, schools, etc. Other than that, every citizen of Pakistan can buy property in any part of Pakistan.

Human Rights Series: Discrimination In Admission To Universities

May 10, 2019UncategorizedAdmission, advocate, birth, caste, College, courts, date, education, Fundamental, Fundamental rights, gender, high court, Human, human rights, Institution, Judge, law, lawsuit, lawyer, Rights, School, sex, Supreme Courtadmin

The Constitution of Pakistan, 1973 prohibits discrimination on the basis of race, religion, caste or place of birth when it comes to giving a student admission in a public university. Article 22 states this fundamental right:

No citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.
Article 22(3)(b)

Article 22 protects the young students against any kind of discrimination. Any Pakistani can apply at his favourite university to obtain higher education, and he does not need to worry about racism because the Constitution is there for his protection.

If you are a student, and a university or college has denied you admission due to the above-mentioned reasons, you have the right to approach the court of law. In such a case, the court will order the institution to grant you admission.

Human Rights Series: Right To Information

May 9, 2019Uncategorizedadvocate, courts, deal, Freedom, Freedom of speech, Fundamental, Fundamental rights, high court, Human, human rights, imf, information, Judge, law, lawsuit, lawyer, News, pakistan, Right to information, Rights, Supreme Court, Tacticadmin

Article 19-A of the Constitution of Pakistan talks about the Fundamental Right To Information. It states that:

Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

Right to information means that every citizen of Pakistan should be able to know what’s happening in his country. He must be aware of all the important decisions made by the government. He should be aware of new laws. He should know when his government is taking loans or making deals with other countries.

The government can make laws regulating this right. Just because everyone has this right does not mean that each and every information should be available to every citizen. For example, the decisions on national security are considered matters of public importance, but at the same time the public doesn’t need to know about military installations or war strategies. So in this and in other similar cases, the Constitution empowers the government to regulate and put reasonable restrictions on this public right. Similarly, the government can delay some information if it is in national interest, like the negotiations with the I.M.F. or with China, but after closing the deal they have to inform the public about the exact terms.

Human Rights Series: Religious Freedom In Pakistan

May 9, 2019Uncategorizedadvocate, Christian, church, courts, Freedom, Fundamental, Fundamental rights, high court, Hindu, Human, human rights, Indian, Jew, Judge, law, lawsuit, lawyer, morality, mosque, Muslim, order, Parsi, public, Religion, religious, Rights, Supreme Court, synagogue, temple, worshipadmin

The Islamic Republic of Pakistan is no doubt an Islamic State made for the purpose of providing a safe space for the Muslims to practice and profess their religion. But the Quaid e Azam Muhammad Ali Jinnah specifically announced that in this free Islamic State the minorities will have the same religious freedom to not only practice their own religions, but also to make their own religious institutions.

Keeping the same spirit alive, the Constitution of Pakistan in its Article 20 legally grants this freedom to all the citizens of Pakistan. It states:

Every citizen shall have the right to profess, practice and propagate his religion.
Article 20(a)

This includes Muslims, Christians, Hindus, Parsis, Jews, etc. According to this Article, everyone is free to go to their mosques, churches, temples, synagogues, and other places of worship; just like Quaid e Azam instructed. Moreover, there is freedom to manage religious denominations and sects (فرقہ). The constitution states this right in the following words:

Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
Article 20(b)

All these rights are “subject to law, public order and morality”, which means that the government can impose certain reasonable restrictions on the exercise of this right to protect the general public or to protect the overall moral conditions of the citizens. Apart from this, your freedom of religion is absolute, and no official or other person can legally deprive you of this right. If you feel like someone’s religious freedom is being curtailed, you can approach the High Court which will make necessary orders to restore this fundamental right.

Copying A Business Name In Pakistan

May 6, 2019Uncategorizedadvocate, artist, business, Copyright, courts, Design, Film, Fundamental, Fundamental rights, high court, Human, human rights, Intellectual, intellectual property, invention, inventor, Judge, law, lawsuit, lawyer, Logo, mark, movie, Name, patent, photography, Property, register, registration, Rights, Supreme Court, trade, trade mark, Trademarkadmin

We the people of subcontinent always wonder how the west became so developed. One reason is that although we have the same laws as them, the lack of awareness of those laws parted our ways. We at Aijaz & Usman took initiative to spread some awareness.

Pakistani law protects the unique name of any business. This protection is guaranteed through the laws of Trademark. Trademark is the name and logo of any buisness like Pepsi, McDonald’s, etc. It is a unique and creative name which has gained public trust through sheer hardwork. No one is allowed to use that symbol or name just to make his own business prosper.

Using the name or logo of another business is prohibited by law and the law protects every individual and his buisness, even if the business is not registered. If anyone is stealing your trademark and your hard-earned reputation, you can approach the court which will order him to stop copying your business name. If he has damaged your reputation by, let’s say, selling substandard products, you can sue him for recovery of losses to reputation. You can also sue him for making profits by using your business name. If he has your logo printed on his products, these products can be destroyed.

Trade Mark is a form of Intellectual Property. Unfortunately, awareness and respect about intellectual properties like copyrights (songs, videos, paintings, photographs), trademarks (business names, logos), and patents (unique inventions) is not common in Pakistan, and people do not hesitate to infringe (=copy) them. Yet the law is there to protect the original works of an artist or inventor or businessman, and in some cases even FIR can be lodged against the violator. If your work is being copied without your permission, you should call your lawyer to discuss the legal remedies available to you.

Human Rights Series: Freedom Of Speech In Pakistan

May 5, 2019Uncategorizedadvocate, courts, expression, Freedom, Freedom of speech, Fundamental, Fundamental rights, high court, Human, human rights, Islam, Judge, law, lawsuit, lawyer, media, News, pakistan, press, Rights, social, speech, Supreme Courtadmin

All Pakistanis have the freedom to express their opinions. This is guaranteed by the Constitution of Pakistan under Article 19. This article not only permits the freedom of speech and expression, but also guarantees freedom of press.

Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.
Article 19

This freedom is, however, not absolute. Like every other country of the world, the freedom of speech cannot be used to spread hatred and chaos in Pakistan. The constitution allows the Parliament to impose certain restrictions in the interest of the following:

Glory of Islam.
Integrity, security or defence of Pakistan.
Friendly relations with foreign States.
Public order, decency or morality.
In relation to contempt of court.
In relation to commission or incitement to an offence.

These restrictions should not be excessive and should strictly relate to the above-mentioned things. Apart from these, feel free to share your feelings about any topic with your peers and on social media.

Human Rights Series: Right To Do Business

May 2, 2019Uncategorizedadvocate, business, courts, doctor, Freedom, Fundamental, Fundamental rights, high court, Human, human rights, Judge, law, lawsuit, lawyer, occupation, Profession, Rights, Supreme Court, tradeadmin

As a citizen of Pakistan, every person has the right to do any lawful business of his choice. Furthermore, every Pakistani is permitted to practice any profession he/she likes. Article 18 of the Constitution of Pakistan guards the Freedom of trade, business or profession by declaring the same as the basic human right of every Pakistani.

Like all other rights, this right is not absolute. The goverment can place certain restrictions or regulations for conducting any business or trade. For example, you would need a degree in medicine to practice as a doctor. Some trades cannot be conducted unless you hold a license. These regulations must be in public interest and to promote and flourish the trade. Apart from this, the government can decide to conduct a business itself, to the exclusion of all others. The examples of this would be Railway and Electricity, where private companies are not allowed to offer their services.

Human Rights Series: Freedom Of Association

May 2, 2019Uncategorizedadvocate, assembly, Association, Birthright, courts, Freedom, Fundamental, Fundamental rights, high court, Human, human rights, Judge, labor, law, lawsuit, lawyer, party, Political, political party, Rights, Supreme Court, trade, unionadmin

According to Article 17 of the Constitution of Pakistan, every Pakistani has a birthright to make a political party or to join any political party of his choice. Moreover, every citizen of Pakistan can form associations or unions, such as trade union, labor union, etc.

We can see that this freedom is widely exercised by the public in one form or another. For example, many citizens are vocal supporters of their favorite political party. Almost every factory worker is part of a labor union. Almost every businessman is a member of a trade association. Lawyers have their bar associations, too. On top of that, those interested in leading the masses have registered their own political parties.

The government can impose some reasonable restrictions on the exercise of this right, keeping in view the security and well-being of Pakistan and its citizens. E.g. It can ban terrorist organizations, and it can ban rallies if there is threat of lawlessness, etc.

Usman Farhat

Aijaz Ali

Muhammad Naeem

Nadeem Iqbal Butt

Legal Disputes

Immigration

Family and Succession