Commentary: Finance Act 2024
The Finance Bill, 2024, presented in the National Assembly on June 12, 2024, and subsequently passed as the Finance Act, 2024, on June 28, 2024, introduces significant amendments to Pakistan’s…
Contractors, Employees and Malafide Outsourcing (Civil Petitions No.525-K to 541-K/2023)
This recent judgement discusses (1) Concept of outsourcing of tasks through contractor & the Toll Manufacturing (2) Circumvention of labour laws to save money (3) ILO Conventions No.87, 98 &…
Appeal in the Starbucks Case dismissed (Civil Appeal No.1011 of 2024)
The legal battle between Starbucks Corporation, USA, and Options International (SMC-Pvt.) Limited, a case that recently culminated in a significant judgment from the Supreme Court of Pakistan, provides a compelling…
Oral Agreements in Land Disputes (Civil Petition No. 174-K of 2022)
In the context of the legal principles governing oral agreements, the judgment in Civil Petition No. 174-K of 2022 before the Supreme Court of Pakistan provides a comprehensive analysis of…
Case Comment (a) Whether simply passing a written examination and being invited for an interview establishes any legal right or legitimate expectation for the candidates regarding their selection or appointment. (b) Whether the outcome of an interview process can be legally challenged within the constitutional jurisdiction of the High Court (C.Ps.No. 154-K of 2022 and 166-K of 2022)
Facts of the Case C.Ps.No. 154-K of 2022 and 166-K of 2022 The petitioners, Waheed Gul Khan and Mumtaz Ali, applied for employment in the Food Department of the Government…
Monal Restaurant Case (Civil Petition No. 304 of 2022 etc.)
A Legal Perspective on the Supreme Court’s Judgment on Monal Restaurant: A Long-Overdue Enforcement of Environmental Law The recent Supreme Court judgment ordering the closure and demolition of Monal Restaurant…
Right to Appeal in Family Cases (Civil Petition No. 473-K of 2024)
The case “Syed Raheel Ahmed v. Mst. Syeda Zona Naqvi and others” (Civil Petition No. 473-K of 2024) is significant due to its implications on the interpretation and application of…
What is the Mubarik Sani Case?
The Mubarak Sani case in Pakistan has garnered significant attention due to its complex legal and religious implications. Mubarak Ahmad Sani was accused of offences under the Punjab Holy Quran…
Natasha Iqbal Karachi Accident Case (Legal Aspects)
Update September 2024: In the Natasha Iqbal road accident case, there have been significant developments recently. Natasha Iqbal, who is accused of causing a fatal accident on Karsaz Road in…
Rights of Divorced, Widowed, and Unmarried Daughters to Claim a Parent’s Pension (O.M. No. F.13(16)-Reg.6/2017-516)
This article has been written to help in understanding the Rights of Divorced, Widowed, and Unmarried Daughters to Claim a Parent’s Pension: Insights from Legal Precedents and the 2018 Circular.The…
Case law on Absence from Duty in Civil Service
We get a lot of queries from Civil Servants on Absence from Duty and it’s legal implications for their careers. In the realm of civil service, the duty to uphold…
Recent Case Law on Misconduct and Penalties in Civil Service of Pakistan (updated to 2024)
Over the last five years, the law on misconduct and penalties in civil service has evolved to emphasize procedural fairness, proportionality of penalties, and the need for detailed reasoning in…
8 Misconceptions About Pakistani Law on Self-Defence
The defence of self-defence is a legal principle that allows an individual to use reasonable force to protect themselves or others from imminent harm. This defence justifies actions taken to…
Judicial Attitudes to Corporate Governance in Pakistan: A Review of Recent Cases
Judicial Attitudes to Corporate Governance in Pakistan: A Case Law Perspective Corporate governance in Pakistan has undergone significant evolution, driven by regulatory reforms and judicial interpretations aimed at enhancing transparency,…
How do the Companies Regulations 2024 enhance corporate governance and directors duties?
The Companies Regulations 2024 introduce several enhancements to corporate governance and directors’ duties, aiming to promote transparency, accountability, and effective management within companies. Key changes include: Structured Appointment Processes: The…
What changes do the Companies Regulation 2024 bring to the Companies Act 2017 and connected regulation?
The Companies Regulations 2024 introduce significant amendments and enhancements to the Companies Act 2017, aimed at modernising corporate governance, improving compliance, and facilitating ease of doing business in Pakistan. Key…
Constitutional Framework for the Rights of Minorities in Pakistan
The Constitution of Pakistan includes several provisions to protect the rights of minorities in the country. Key articles and principles relevant to the protection of minority rights are outlined below:…
Legal Issues in Sustainable Development in Pakistan
In Pakistan, sustainable development is impeded by a variety of legal and structural barriers that complicate the implementation and enforcement of policies aimed at achieving environmental sustainability. These barriers are…
Proforma Promotion in Pakistani Law
Proforma promotion, within the context of Pakistani law, pertains to a retrospective elevation in rank and salary for employees who were eligible for promotion but were overlooked due to administrative…
Current Legal Framework of Human Trafficking in Pakistan
Human trafficking remains a significant issue globally, with Pakistan being no exception. The legal framework governing human trafficking in Pakistan comprises various statutes and international obligations aimed at combating this…
Fundamental Rights and Principles of Policy in the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, lays a strong foundation for the protection of fundamental rights and outlines principles of policy to guide the governance of the country. This…
E-Signatures in Pakistan-Legal Framework
The legal framework for electronic signatures in Pakistan is primarily governed by the Electronic Transactions Ordinance, 2002 (ETO 2002). This ordinance provides the foundation for the recognition and enforcement of…
Law of Adoption in Pakistan: Legal Impediments and Landmark Cases
Introduction: The concept of adoption in Pakistan is deeply influenced by Islamic law, which places significant emphasis on lineage and family ties. As a result, the traditional Western notion of…
Smart Contracts and Crypto-Assets in Pakistan: Emerging Legal Issues
Overview: Smart contracts and crypto-assets have garnered significant attention in Pakistan, presenting both opportunities and legal challenges. These digital innovations require a thorough understanding of the legal framework to ensure…
Bonded labour in Pakistan
Bonded labour in Pakistan, particularly in the agriculture, brick kiln, and carpet industries, remains a critical issue despite legal frameworks aimed at its eradication. Legal Framework and Challenges: Pakistan has…
Property Rights in the Constitution of Pakistan
The Constitution of Pakistan guarantees the right to property to its citizens under several provisions. These provisions aim to protect the ownership and use of property while balancing the needs…
Stray Animal Welfare in Pakistan
The legal framework and recent developments regarding stray animal welfare in Pakistan highlight several significant issues and progressive steps. Historically, the primary legislation governing animal welfare in Pakistan is the…
Critical Issues Pakistan Faces in Addressing Climate Change
In recent years, the global community has witnessed the escalating impacts of climate change, with developing nations like Pakistan bearing a disproportionate share of the burden. As a country with…
Problems Facing INGOs and NGOs in Pakistan
The role of civil society organizations in fostering peace, human dignity, and equality is globally recognised and protected by the United Nations human rights framework. Modern democracies also uphold the…
The Doctrine of “Alternative Remedy” in Writ Jurisdiction under the Constitution of Pakistan, 1973
The doctrine of alternative remedy is crucial in the context of writ jurisdiction under the Constitution of the Islamic Republic of Pakistan, 1973. This doctrine mandates that individuals must first…
The Perceived Failure of Tort Law in Pakistan
The perceived failure of tort law in Pakistan can be attributed to a myriad of factors, primarily stemming from historical, structural, and cultural influences that have stunted its development and…
A Comprehensive Guide to the Investment Climate of Pakistan 2023-2024
The investment climate in Pakistan presents a unique blend of opportunities and challenges, shaped by the country’s diverse economic landscape and evolving regulatory environment. As Pakistan seeks to attract foreign…
Factors Constraining Foreign Investment in Pakistan
The legal landscape for investments in Pakistan is shaped by a myriad of factors that contribute to a complex and often challenging environment for both domestic and foreign investors. The…
Investor’s Guide to the Oil & Gas Sector of Pakistan (2023-2024)
Pakistan’s upstream oil and gas sector is governed by a complex regulatory framework designed to attract both local and foreign investment. This sector plays a crucial role in the country’s…
What is the fifth schedule? (Section 100 Income Tax Ordinance)
The Fifth Schedule pertains to the rules and regulations for the computation of profits and gains from the exploration and production of petroleum, as well as the exploration and extraction…
Understanding the Block Award Process for Petroleum Rights
As part of our ongoing commitment to provide transparent and comprehensive legal advice, we are pleased to present an in-depth look at the Block Award Process for the grant of…
Q&A on Pakistan’s Oil and Gas Development Plan (updated)
The strategic development of Pakistan’s oil and gas sector is critical for the nation’s energy security, economic growth, and sustainable development. The Oil and Gas Development Plan of Pakistan, as…
Comparison of the Model Production Sharing Agreement (PSA) 2003 with the Model Production Sharing Agreement (PSA) 2023.
The Model Production Sharing Agreements (PSA) of 2003 and 2023 are critical legal frameworks governing petroleum exploration and production in Pakistan. These agreements establish the terms and conditions under which…
Pakistan’s Coal and Hydel Potential
Pakistan’s Hydel Potential The hydel power potential of Pakistan is substantial and remains significantly untapped, despite the country’s abundance of water resources. Primarily located in the northern regions, the hydel…
Legal Framework for Dishonest Abstraction, Consumption, or Use of Energy in Pakistan
At Josh and Mak International, we prioritise our clients’ awareness and understanding of the legal frameworks governing various aspects of energy consumption. This article delves into the intricacies of dishonest…
Pakistan’s Mineral Law Regime / Legal Framework by Josh and Mak International
Pakistan’s mineral resources are abundant and varied, making the mining sector a significant contributor to the national economy. The regulatory framework governing this sector has evolved over time, aiming to…
Legal Advice on the Petroleum Policies, Bidding Procedures, and the Model Petroleum Concession Agreements in Pakistan
Introduction The Government of Pakistan has a long history of issuing policies concerning various sectors, including the petroleum sector. These policies are essentially statements of government objectives and do not…
Critique on the Amendments to the Model Petroleum Concession Agreement 2013
As a leading law firm, Josh and Mak International recognises the importance of understanding the implications of recent amendments to legal frameworks governing the petroleum sector. The Model Petroleum Concession…
Analysis of the Revised Petroleum Policy 2012 (Amended March 2024)
The revised Petroleum Policy of 2012, amended in March 2024, introduces several key changes aimed at enhancing the regulatory framework, incentivising exploration, and promoting local employment and social welfare. This…
Legal Framework and Investment Opportunities in Pakistan’s Oil and Gas Sector
Client Information Article for Josh and Mak International: Oil and Gas Sector As an esteemed oil and gas law firm, Josh and Mak International is dedicated to offering comprehensive legal…
A comparison of the Pakistan Offshore Petroleum (Exploration and Production) Rules, 2023 and Pakistan Offshore Petroleum (Exploration and Production) Rules, 2003
Introduction In the rapidly evolving landscape of petroleum exploration and production, regulatory frameworks must adapt to address new challenges and opportunities. The Government of Pakistan recently introduced the Offshore Rules…
Introduction to the Regulatory Framework of Coal Power in Pakistan
Update: As of now, coal power regulation in Pakistan involves both the Private Power and Infrastructure Board (PPIB) and the National Electric Power Regulatory Authority (NEPRA). The PPIB acts as…
Application and interpretation of exclusivity in various contexts in Pakistan and Internationally.
Key Terms for an Effective Exclusivity Agreement Internationally Introduction: In the business world, exclusivity agreements are a powerful tool, forging strong partnerships while providing mutual benefits. These agreements, however, demand…
Lis Pendens in Pakistan: An Insight into Its Meaning and Application
Lis pendens is a Latin term that translates to “pending litigation.” In legal terms, it refers to a doctrine that ensures any property subject to ongoing litigation cannot be transferred…
Commentary on The Punjab Prohibition of Interest on Private Loans Act 2022 (ACT XV OF 2022) & Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act (XVII of 2016)
The Punjab Prohibition of Interest on Private Loans Act: An Overview The Punjab Prohibition of Interest on Private Loans Act 2022, commonly referred to as the PPI Act, is a…
Concept of Perpetuity in Pakistani Law
Perpetuity in law generally refers to a situation or condition which is meant to exist indefinitely without an end. This concept has been illustrated through the mentioned citations in various…
Section 9 of the NATIONAL ACCOUNTABILITY ORDINANCE 1999
Section 9 of the NATIONAL ACCOUNTABILITY ORDINANCE 1999 (a) A holder of a public office, or any other person, is said to commit or to have committed the offence of…
A review of reported cases under the Sindh Police (Efficiency and Discipline) Rules, 1988
We have recently received a lot of queries from the general public, especially members of the Sindh Police regarding major and minor penalties imposed upon them and possible remedies. We…
How far along has Generative AI imaging come in terms of accuracy? What are the legal issues that arise as Generative Art gets more accurate?
Artificial Intelligence (AI) image generators, like Midjourney, Stable Diffusion, and DALL-E 2, have impressed us with their ability to create stunning images rapidly. However, these AI tools often struggle with…
Understanding the Complexity of Human Smuggling and Illegal Migration from Pakistan
Do you suspect that a family member or friend is being targeted by a human trafficker in Pakistan? Have you had a similar experience yourself? Get in touch with us…
Predatory Loan Apps in Pakistan: Unchecked Exploitation in the Digital Lending Landscape
Have you or your friends/family been affected by the predatory lending practices of lenders in Pakistan? Reach out to us and share your experience with us at [email protected] Legal Update…
Buyer Delaying Payment in a Sale of Contract of Land or Property in Pakistan (and Token Money Agreements)
Delays in payment for land purchases in Pakistan can be a challenging issue to navigate, but there are legal remedies available to enforce the terms of the contract and protect…
Company Registration in Pakistan-Q & A
Introduction Company registration in Pakistan is a crucial step for entrepreneurs and businesses looking to establish a legal presence in the country. The process, governed by the Companies Act, 2017,…
What is the purpose and background of The Zainab Alert, Recovery and Response Act, 2020?
The Zainab Alert, Recovery and Response Act, 2020 is a law passed by the government of Pakistan aimed at preventing and responding to cases of child abduction, abuse, and exploitation.…
Can business incubator contracts be unfair to start-ups? How can the interests of all parties be protected?
Whether you are a business incubator, a start-up or venture capitalist, we can advise you on your business incubator contract. Have an incubator contract to review? Email us now at…
When do Pakistani companies need GDPR compliance?
The General Data Protection Regulation (GDPR) is a comprehensive data protection law that came into effect on 25 May 2018, replacing the Data Protection Directive 95/46/EC. While primarily aimed at…
What is the Transgender Persons (Protection of Rights) Act, 2018 of Pakistan and how is it affected by the recent decision of Federal Shariat Court?
The Transgender Persons (Protection of Rights) Act, 2018 is a law in Pakistan that aims to provide equal rights to transgender people and to safeguard their rights through legal recognition.…
What is the digital power of attorney service from NADRA in Pakistan?
The digital power of attorney (PoA) service from NADRA in Pakistan is a secure and convenient way for overseas Pakistanis to grant power of attorney to someone in Pakistan. The…
What is ‘ijazat aapki’ by NADRA in Pakistan? How does it support data protection?
Ijazat Aap Ki (Your Permission) is a service launched by the National Database and Registration Authority (NADRA) in Pakistan in March 2023. The service allows citizens to give their consent…
How can you discover the hidden cryptocurrency assets of a defendant in a civil suit, especially in divorce proceedings?
Whether it is the case of a judgement-debtor who simply will not pay, or that of a spouse in a divorce keen on hiding their assets, proving someone has a…
What is an Employee invention assignment and confidentiality agreement (EIACA)?
An Employee Invention Assignment and Confidentiality Agreement (EIACA) is a legal contract between an employee and an employer that outlines the employee’s obligations regarding inventions and confidential information. The EIACA…
Can you sue for defamation after someone releases a deepfake video of you?
If you or someone you know is being threatened or blackmailed by a deepfake video, please get in touch for legal consultation at [email protected] answer is yes, you can sue…
The use of Geofencing techniques and Call Data records (CDRs) as means of investigation in Pakistan
Geofencing is a location-based technology that creates a virtual boundary or perimeter around a real-world geographic area. It allows authorities, including the police, to define specific geographic zones and receive…
Protecting Overseas Pakistanis from Unscrupulous Property Agents: The ‘token money’ trap and other unethical practices
As the real estate market in Pakistan continues to attract overseas Pakistanis, it is crucial to address the concerns and challenges they face when buying or selling property. At our…
The Thin Red Line : Limitation of Liability
Don’t leave your contracts to chance! Getting your contract reviewed by legal experts has never been easier. Simply reach out to us at [email protected]. Our team will promptly respond to…
Exploring Alternative Avenues: Mediation and Arbitration in Dispute Resolution in Islamabad, Pakistan
In the realm of dispute resolution in the Islamabad Capital Territory, court proceedings are often seen as the default option. However, it is crucial to consider alternative avenues such as…
Mediation law in Pakistan
Mediation Law in Pakistan Pakistan is not a signatory on any international treaties pertaining to mediation. The mediation law in our country is not based on any of these treaties…
Foreign Law Client and Investor Guide to Pakistan 2024
This client guide aims to provide a concise overview of the Pakistani Legal System for the convenience of our readers, including members of the public and private clients. While the…
Understanding Investment Vehicles and Policies in Pakistan 2023-2024
In Pakistan, the Board of Investment (BOI) plays a crucial role in promoting and facilitating both local and foreign investments. The Government of Pakistan (GOP) has recently implemented the Pakistan…
