Amending Pleadings in a Pakistani Arbitration
Courting The Law
by Kilam Law
1M ago
Abstract Arbitration is gaining prominence as a dispute resolution method in various commercial transactions of both international and domestic nature. However, the growing use of arbitration has given way to a number of concerns regarding procedural aspects, particularly in relation to the formalities that may be required to be followed for the amendment of pleadings. Typically, the procedure for such amendments is covered by the civil codes of different jurisdictions and is generally adopted in litigation procedures. While many countries have introduced domestic arbitration laws, these laws ..read more
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CIArb Webinar: Place of International Courts in a National Dispute System
Courting The Law
by staff
1M ago
Join CIArb on 5th March, 2024 at 3:00 pm PST for an illuminating webinar, ‘Place of International Courts in a National Dispute System,’ presented by CIArb Pakistan Branch and the Qatar International Court and Dispute Resolution Centre. Explore the pivotal role of international courts in the global legal framework, their evolution and their functions in international commercial law. Learn about the cooperation between international and national courts and unravel the challenges and opportunities they face in the 21st century. Featuring esteemed speakers: Hon. Justice Tassaduq Hussain ..read more
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Legal Soundness of the Decision on Bushra Bibi’s Nikah During Iddat
Courting The Law
by Ira Nawaz Osto
2M ago
On 3rd February, 2024, senior Civil Judge Qudrat Ullah in the case titled Khawar Fareed Maneka vs Imran Ahmed Khan and Bushra Bibi, etc. convicted the former Prime Minister Imran Khan and his wife Bushra Bibi under section 496 (marriage ceremony fraudulently gone through without lawful marriage) of the Pakistan Penal Code (PPC). Both have been sentenced 7 years of imprisonment, along with an imposition of fine of Pakistani rupees 500,000 each. The decision has given rise to obvious religious turmoil among the nation, putting an inherently sensitive aspect of Shariah under the cloud of confusio ..read more
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Should Consumer Courts be Digitalized and Have Jurisdiction in Essential Services and Criminal Matters?
Courting The Law
by Waseem Abbas
3M ago
In Pakistan, consumers are among the most vulnerable groups, largely due to a lack of awareness about their rights and the ineffective implementation of existing consumer protection laws. It is of utmost importance to address the plight of consumers who fall victim to unscrupulous sellers, manufacturers and dealers selling faulty goods and providing substandard services. Consumer protection laws are designed in this regard to: promote fair competition; ensure transparency in information dissemination; enhance access to quality goods and services; and establish regulations for swift and fair j ..read more
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Legal Landscape of Bonded Labour in Agriculture, Brick Kiln and Carpet Industries
Courting The Law
by Hunya Shahzad
3M ago
List of Acronyms ILO                  International Labour Organization FATA               Federally Administered Tribal Areas PATA               Provincially Administered Tribal Areas UDHR             Universal Declaration of Human Rights ICCPR             International Covenant for Civil and Political rights ICESCR        ..read more
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Smart Contracts and Crypto-Assets in Pakistan: A Legal Perspective
Courting The Law
by Rana Mahad Meraj
3M ago
What are Smart Contracts? A smart contract is just like a traditional contract. However, in effect, it is a computer program that exists on a blockchain, carrying the terms of a transaction to which the parties agree. These automate the process of contract management and execution and are used largely today in the trade of crypto-assets. The aim of smart contracts relates to the elimination of avoidable third parties which played intermediary roles in transactions in traditional contracts. The effect of this is to minimize the chances of maliciousness and fraud. Legal Hackers Lahore (a US base ..read more
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Supreme Court Affirms Women’s Claim to Haq Mehr at Any Time
Courting The Law
by Purniya Awan
4M ago
In an empowering move, the Supreme Court of Pakistan has recently ruled that women in Pakistan have the right to demand haq mehr at any time they choose. This decision marks a significant step towards empowering women and ensuring that their rights are upheld. The implication of this ruling represents the importance of women’s rights and the broader impact it can have on our society. Haq mehr, also known as dower, is a fundamental right granted to women by Islam as well as the law of the country. The Holy Quran, Chapter 4 (Surah Al-Nisa), Verse 4 clearly states the following: “Give women you ..read more
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Coercive Recovery Under Fiscal Legislation
Courting The Law
by Shaheer Roshan Shaikh
4M ago
The superior courts have recently shored up the jurisprudence with respect to the practice of initiating coercive recovery against taxpayers. They have solidified their position on established principles, such as: the requirement of an independent forum’s decision before any coercive action; and the necessity of notifying taxpayers before recovery. The need to fortify such settled principles stems from the widespread practice of attaching taxpayers’ bank accounts immediately after orders assessing their liabilities are passed, thus frustrating their remedies before the appellate authorities ..read more
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Analyzing the Supreme Court’s Judgment on Military Courts
Courting The Law
by Muhammad Ahmad Saleem
5M ago
On 23rd October, 2023, a 5-member bench of the honourable Supreme Court of Pakistan announced its ‘short order’ in the case Jawad S. Khawaja and others versus the Federation of Pakistan and others in which it declared the trials of civilians by military courts ultra vires to the Constitution of the Islamic Republic of Pakistan, 1973. At the time of this writing, the detailed judgment containing the reasons based on which the Supreme Court reached this conclusion is yet to be released, however, we can try to fairly anticipate what will be contained in that detailed judgment. The short order con ..read more
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Punjab Enforcement of Women’s Property Rights Act 2021
Courting The Law
by Duaa Shahid
5M ago
The concept of women’s legal rights pertaining to property is always called into question in countries like Pakistan. Both Muslim majority and minority countries recognize the rights of women, yet their implementation remains abysmal. Family law practices and cultures unfortunately deprive women of the opportunities to which they are both Islamically and legally entitled. Article 23 of the 1973 Constitution states that, “…every citizen shall have the right to acquire, hold, and dispose of property in any part of Pakistan.” The focus of this article is on the Punjab Enforcement of Women’s Prope ..read more
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