Daily Legal Advice Series Daily Online E-Mail Queries Drafting and Contract Interpretation in Pakistan

Bidding in Pakistan as a Foreign Company, identifying ‘mis-procurement’ at its root during a bidding process

Every year, we get quite a few queries where foreign companies complain that somehow they feel they have been played unfairly by the local state departments in Pakistan, when bidding on local contracts.The major law in this area is covered by the PPRA Ordinance 2002 and Public Procurement Rules 2004 and their relevant provincial rules.Mis-procurement,

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A guide for foreign companies bidding on procurement contracts in Pakistan-Part 1

Quite a few of our clients who are operating internationally corporate seats in Key EU/US destinations find Pakistan to be a very attractive jurisdiction for bidding on procurement contracts. Many of them will try to enter with another local company as a consortium. Many of these companies have common questions on many aspects of liability

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Beware of the ‘Token Money’ Trap, A Caution for Overseas Pakistanis

We have recently received a lot of complaints from overseas Pakistanis that once they set out to sell their property or buy property in Pakistan , they are approached by property agents who often try to manipulate the sale price of the offering by : (a) placing token money worth peanuts and binding the property

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Daily Online E-Mail Queries Drafting and Contract Interpretation in Pakistan

The Thin Red Line : Limitation of Liability

A few days back, a client of our firm (local business supplier) faced a particularly difficult bundle of clauses from a Third Party contractor they needed to make a part of their project and they were required to sign-off  off these clauses before they could receive their much needed initial deposit from the Main Party

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Rights of Grown Children After Father’s Second Marriage

Query Our  father recently married another woman and has banished us to live with our maternal Uncle..He says that he will carry out our education duties but he has broken our trust many times.Can we make him sign a contract in this regard? Advice Depending on how old you and your siblings are, your mother

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Sale of Property in Pakistan while being abroad

Query I am selling my property to a friend in a foreign country.I , too am current resident in a foreign country. Will you be kind enough to guide me the procedure so that we both don’t have to visit Pakistan as our jobs don’t allow us to get a leave?   Answer: Whether you

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Pollution Mafia in Pakistan

Query on Pollution Mafia A certain mafia in my locality is criminally spraying pollutants and drugs on the roads in heavy traffic to cause accidents. Upon my compliant, State Authorities in Pakistan are unable to do anything due to the lack of proper expertise. Please advise me of my legal options as I am observing

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Daily Legal Advice Series Daily Online E-Mail Queries Guidance on PPRA Laws Pakistan

PPRA Rules Query on Acceptance of Bids/Negotiations

Client Query 001 Hello, we are trying to set up a business in Pakistan. If we have mentioned the unit price then an organization might has floated the tender for the supply of various equipment and mentioned their BOQ. We quoted according to their BOQ, if they increase the quantity of one item at the

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Setting Up An EPC Company in Pakistan by a Foreign Investor

Client Query 7845 of 2016 :Setting Up An EPC Company in Pakistan by a Foreign Investor As a Foreign  EPC contractor we would like to set up a legal entity in Lahore Pakistan in order to do the EPC contracting business, for example, the residential and commercial building, waste water treatment, road, power, railways buildings.

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Best Lawyers In Pakistan Companies Ordinance 2016 Daily Legal Advice Series Daily Online E-Mail Queries

The Companies Ordinance 2016 (Pakistan)

In this publication we have provided an analysis of the critical differences manifesting between the new Companies Ordinance 2016 and the now repealed Companies Ordinance 1984. It is highly recommended on our behalf that even as you consider applying the specific sections in a given case that reference is made to the relevant statute’s specific

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Legal Aspects of Setting Up A Solar Power Project in Pakistan

Are you looking to get legal advice for setting up a Solar Power Project in Pakistan.Below is our client guide to the legal aspects and other considerations involved.This guide is not meant to be a full client guide.If you have specific questions, please give us a call at +92-300-5075993 or email us at aemen@joshandmak.com Pakistan

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Specific performance and personal service contracts

By Barrister Aemen Zulfikar Maluka It is a trite fact that the courts will avoid awarding specific performance of contracts in personal services contracts.Even then many lawyers insist upon adding the clause of specific performance in the contracts of personal services .In our view, there is little point in including provisions known to be unenforceable

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Opinion : Limitation on liability for ‘Intentional or criminal misconduct or wilful violation’ and Liability Caps

By Barrister Aemen Zulfikar Maluka  It is common to encounter, during contract review requests by clients, a contractor request for a limitation on liability for “intentional or criminal misconduct or wilful violation” in an agreement for which legal services involving drafting and/or review have been requested. Many times when we received such a request, a

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FAQs on Pakistan Real Estate, Landlord and Tenant Laws

What does the Pakistan Real Estate, Landlord and Tenant Law Actually Consist Of? The answer to this question is neither simple, nor easy to understand given the complex terminologies you will have to face, if you do not own land in a modern housing society or the Federal Capital.The article below is aimed at helping

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Common question, how do you distinguish between ® and ™?

This is one of the most common queries we get from our clients and it is probably a question which has caused a lot confusion for start-ups, especially in the pharmaceutical industries in Pakistan.Basically, a company can only use the circled ® symbol in conjunction with the products and brands owned by itself, given that it

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Trademark Laws in Pakistan
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Is it important to trademark Logo before incorporation or should it be done after the company or firm is incorporated?

This is a common question often asked by our clients.We always advise them to wait. It is always better to wait to get a proper legal entity registered under which you will be trading.By incorporating your company first you will able to make sure that the company/firm owns the trademark. By getting a trademark first,

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Justice on Wooden Piece
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Has your cheque been dishonoured?

A common complaint by our clients is that a business party or friend has given them a cheque which has been ‘Dishonoured’. Hence this guide about Dishonouring of Cheques is hoped to be able to help our prospective clients understand the complexities and legal implications of their situations , involved in the matter. Frequently Asked

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Non-Profit Company Registration in Pakistan

Please contact Josh and Mak International for advice on which type of NGO / NPO best suits your needs.This article is meant for general guidance only. Below are some of the most Frequently Asked Questions (FAQs) on registration of a non-profit company in Pakistan which is an alternative to registering a non-profit under the Societies

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Daily Legal Advice Series Daily Online E-Mail Queries Frequently Asked Questions

Registration of society under Societies Registration Act, 1860

These are some of the most Frequently Asked Questions (FAQs) regarding registration of society under Societies Registration Act, 1860, which our clients have been asking us.If you wish to register a society in Pakistan, please contact us at 0300-5075993, however please be aware that due to security concerns the government has temporarily suspended such registrations.To

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Recovery of Advance Payments

Client Question Am I able to recover some advance payments I have made under a recent contract I have signed? It seemed to be based on standard terms and I do remember there being a lot a of small print. (Ali Memon, Karachi) Answer If the party accused of being in breach has already made

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Legal Guide For Starting A Petrol Pump

Due to the overwhelming amount of queries we keep getting , we have set out a basic guide for setting up a petrol pump in Pakistan.If you wish to Open a Petrol Pump, then please DO NOT call us.Instead please try to google the marketing companies like Shell, PSO etc for more information as they

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Pakistani Tax Law Provisions Concerning International Taxation

Find out about Pakistani  Tax Law Provisions Concerning International Taxation Call +92-300-5075993 Email: pirwahid@joshandmak.com This article is only meant to inform/guide our current and prospective clientele.The Federal Government has made many rules as it is competent to make provisions via Gazette notification to implement such international taxation agreements in Pakistan. These agreements have overriding effect

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Daily Legal Advice Series Daily Online E-Mail Queries Mediation law in Pakistan

Mediation law in Pakistan

Pakistan Mediation Laws Mediation law in Pakistan Looking for advice on Mediation Laws in Pakistan? Mediation is often a quicker, and more cost effective, way to reach an agreement than going through the court system. The Josh and Mak team excels at the  knowledge and practice of  all aspects of mediation laws in Pakistan and

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Application for Withdrawal of a Supreme Court Appeal
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Application for Withdrawal of a Supreme Court Appeal in Pakistan

Client Question:  It is possible to withdraw an Appeal in the Supreme Court of Pakistan if no date is fixed for its hearing if  the appellant/applicant has entered into compromise with the complainant party through intervention of the elders of locality/Jirga. Both parties have pledged to live quietly and peacefully? Yes, in pursuance of Section

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Business subsidiary in Pakistan in the Oil and Gas Sector​

Online Email Query No-0997: Our company is planning to expand in Pakistan by establishing subsidiary and start oil and gas exploration work with our own technologies. In order to begin the process we are looking for a business law firm, which will provide us with the services of business registration and provide assistance on obtaining the type of the license

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Child Custody in Pakistan

Child Custody in Pakistan, your questions answered Want the best legal team in Pakistan to deal with your case of Child Custody? Dial now, 0092-3005075993 *The names of the clients have been changed to maintain their confidentiality Client Query: My wife has deserted our two small children and me and left for her parent’s house.

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Filing a Divorce in Pakistan
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Filing For Divorce in Pakistan for non-resident Pakistanis

Filing For Divorce in Pakistan for non-resident Pakistanis : When two Pakistanis married to each other are abroad, in two different countries, their Matrimonial Dispute can be handled in Pakistan. Client Query: Can a Pakistani woman living abroad, file Family Dispute cases in Pakistan, when her husband is also living out of Pakistan? The answer is

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Daily Online E-Mail : How to become PSP or a payment service provider or Online Payment Transfer Company like Pay Pal in Pakistan?

Contact request 98701 Client Question : We want to open Online payment Transfer Company in Pakistan, like Pay Pal, we need information relative license and cost and legal structure detail for making the company Your wish to register, as an online payment transfer company in Pakistan is known as a request to become a PSP

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