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Transparency and Right to information Legislation in Pakistan
Background to Transparency and Right to information Legislation in Pakistan In a nation grappling with persistent reports of corruption within official circles, Pakistan’s journey towards enacting Right to Information (RTI) laws has…
Intellectual Property Registration and Protection of Geographical Indications in Pakistan
Josh and Mak International can offer the following legal services to clients in Pakistan and abroad: Geographical Indications Registration and Protection: Josh and Mak International can assist clients in the…
Panama Papers Scandal- Full Judgement Text
It all started with the Data Breach from a Panama Law Firm.The data leaked from the Panama Scandal also named and shamed many well-known politicians in Asia including the current…
DON’T BE LIKE BILL!
If you are a regular Facebook user you cannot fail to have noticed the plethora of ‘Be Like Bill’ memes which have been cluttering up your newsfeeds. While these look…
Can Transgender marriage in Pakistan ever become a reality?
It has been reported that a group of Pakistani clerics have declared that marriage between transgender persons is permitted in Islam and that also have the right to a ceremonial…
THE LEGAL WORLD REVOLUTION THAT IS BLOCKCHAIN
Although it’s unlikely, Bitcoin may well disappear in a couple of years. It’s technology, however, is still one of the most important developments in recent times and it’s very likely…
Trademark Laws in Pakistan
Update June 2023: Filing for Trademark Registration in Pakistan is Now Online! Introduction to filing online trademarks in Pakistan : In a groundbreaking development for Intellectual Property (IP) applicants and…
How Lawyers Can Help Protect Your Intellectual Property Rights in the Cyber World
No matter who you are—an author, composer, designer, inventor, etc.—you should understand the use of the internet. Most likely, users of the web should know that they would come into…
Some thoughts on TELECOM PASSIVE INFRASTRUCTURE SHARING WITHIN PAKISTAN
This blog is a brief overview of the issues which relate to telecom operators sharing a passive infrastructure. This term is generally applied to two operators bilaterally sharing such infrastructures…
CONTROVERSIAL NEW CYBERCRIME BILL PRESENTED TO THE UPPER HOUSE
The controversial cybercrime bill which caused mass uproar amongst civil society activists when the National Assembly passed it was, on Tuesday, presented to the upper house. This draft law, which…
Client Guide to Pakistani Law
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…
‘TOOTHLESS’ JUDICIAL COMMISSION WILL NOT BE INVESTIGATING PANAMA LEAKS
Last Friday Anwar Zaheer Jamali, the Chief Justice of Pakistan, turned down a request from the government to create a judicial commission aimed at probing the revelations which have surfaced…
Fundamentals of Employment law in Pakistan
This article is for basic guidance of our clients only.For more information, please email us at aemen@joshandmak.com Many people have been curious about the nature of employment within the Islamic…
Legal Advice on the Power Sector in Pakistan
Do you need Legal Advice on the Power Sector in Pakistan? Do you need help with NEPRA Licensing and NEPRA Tariff Petitions? We also advise extensively on Water and Power…
Environmental Law in Pakistan
At Josh and Mak International, we understand the importance of environmental protection and sustainability in Pakistan. With growing concerns about the environment, it has become crucial for individuals, businesses, and…
PAKISTANI CITIZENSHIP THROUGH NATURALIZATION
Any foreigner who has been granted a naturalization certificate under the naturalization Act 1926 is registered as a citizen of Pakistan under section 9 of the Pakistan Citizenship Act 1951…
Business Laws In Pakistan
Whether your business is large or small, at Josh and Mak International our role is to facilitate your company’s continuing growth and expansion. Our goal is to anticipate and prevent…
ARBITRATION LAWS IN PAKISTAN
Arbitration is a legal process which takes place outside of the courts, but which still results in a final and legally binding decision similar to a court judgment. Parties involved…
WHY PAKISTAN’S CYBER CRIME BILL ISN’T WORTH THE PAPER IT’S WRITTEN ON
Those fighting for digital rights in Pakistan have had a tough time over the past few months. Even though they’re a small minority in a very big pool of activists…
THE DAMAGE OFC’S ARE INFLICTING ON THE RECOVERING GLOBAL ECONOMY
Most Pakistanis got their first introduction into the secret world of OFC, or offshore financial centers, courtesy of the Panama leaks. These are nothing new however and such OFCs as…
Where Did NADRA’s Whistleblower Program Go?
Nobody expected the news that NADRA; the National Database and Registration Authority had closed down its innovative Whistleblower program. Launched only a few years ago, this system was aimed at…
Taxation Law in Pakistan
There are tax consequences related to virtually every business decision made today. This can be extremely confusing for anyone not in the legal business and you deserve the most practical,…
MINISTRY FACES RESISTANCE OVER SECOND LNG TERMINAL
The MoP&NR, Ministry of Petroleum and Natural Resources, is facing strong resistance from stakeholders in the public sector in regards to their planned establishment of a second LNG terminal thanks…
Keeping Abreast Of The Labor Laws In Pakistan
Here at Josh and Mak International we can help you will all matters relating to the appointment of any employees including cases involving civil servants, regulations regarding workers or workmen,…
NEW LAW ALLOWS PIA TO BECOME A PLC
The Pakistani parliament have adopted a law which will see the country’s cash strapped national airline company become a PLC and at the same time ban the government from relinquishing…
CONFUSION REGARDING LNG TAX EXEMPTIONS THREATENS PROJECT
Future investments in Pakistan’s LNG sector is in limbo due to the tax authorities refusing to provide the promised tax exemptions for the Engro ETPL; Elengy Terminal Pakistan Ltd. This…
DOES THE FUTURE OF PAKISTAN’S ENERGY LIE IN KHYBER PAKHTUNKHWA?
You cannot fail to have noticed how often Khyber Pakhtunkhwa has been in the news recently. Hailed as being the new geological frontier in Pakistan in terms of gas, oil…
Legal Services for British and Overseas Pakistanis
As a renowned Pakistani law firm, Josh and Mak International takes great pride in offering exceptional legal services to a diverse clientele, including British Pakistanis, Overseas Pakistanis, and Pakistani expatriates…
THE AMENDED LAW FOR THE STATE BANK OF PAKISTAN
After coming under increased pressure from the IMF, International Monetary Fund, via a performance criteria decreed within the EFF agreement, the National Assembly of Pakistan finally got around to passing…
Advice on Website compliance under SECP Guidelines for Public Companies in Pakistan
Mandatory Website Set-up, Maintenance and Compliance for Public Companies in Pakistan Ask the Compliance experts. Email us at aemen@joshandmak.com Claim a FREE evaluation report of your website’s legal compliance today!…
Updated Pakistani law on aliens/foreigners and acquiring citizenship
Understanding the Status of Aliens and Citizenship in Pakistan Introduction In Pakistan, the legal status of aliens and citizenship is defined by the Pakistan Citizenship Act of 1951, as amended…
Telecommunication Consumer Protection (Amendment) Regulations, 2015
The Telecommunication Consumer Protection (Amendment) Regulations, 2015 are finally out for consultation.As they affect the business of many of our current and prospective clients, we are offering a free initial consultation…
Updated PTA (Pakistan Telecommunications Authority Laws, Rules, Guidelines and Draft Regulations
Please note: The List & Links below of Updated Laws pertaining specifically and generally to the Pakistani Telecommunications Sector have been sourced from the official government website of PTA (https://www.pta.gov.pk)…
Understanding Mutation in Pakistani Law
Mutation is a vital legal process in land law in Pakistan that validates property ownership and updates land records in Pakistan. Property owners must understand the significance of mutation and…
Copy of our Geo-scientists Writ Petition!
IN THE ISLAMABAD HIGH COURT, ISLAMABAD W.P. No________/ 2015 Dr. Fuzail Siddiqui, son of S.M. Afzaal Siddiqui, resident of House No.1067, Street 1, Block-C, Police Foundation, Sector O-9, Islamabad.…
HOW WELL WILL ENGRO FARE WHEN RUNNING THE LNG TERMINAL?
Despite the strict conditions which the government attached to the bidding process, it was the Engro Corporation’s lowest bid which won them the right to both build and then run…
Legal Profile of Pakistan’s Mining Industry
Last updated : 2014-2015 This page will be updated soon. Relevant Authorities and Legislation 1.1 What regulates mining law? The Regulation of Mines and Oilfields and Mineral Development (Government Control)…
Recent Cases on Ship Breaking in Pakistan
By Pir Abdul Wahid As we have been getting a lot of queries lately regarding the different environmental, health and safety and tax issues pertaining to Ship Breaking Industry in…
Pakistani Law on statements of Interested Witnesses
An interested witness is an individual who has a direct stake or interest in the outcome of a legal proceeding, typically because they are connected to the case in a…
Tazkiyah al-shuhood (Hudood Laws)
Tazkiyah al-shuhood means the mode of inquiry adopted by a court to satisfy it self as to the credibility of a witness. In the case of PLJ 1994 Cr.C. (SAC) 91…
Islamic concepts in the Pakistan Penal Code
Penal Code : Islamic Concepts Presently in Pakistan the criminal justice system is primarily based upon a penal code that was codified by the British in the colonial era of…
Anti-corruption laws of Pakistan and their applicability to the Oil and Gas sector
For more information on the application of corruption laws to the Energy Industry in Pakistan, please feel free to email us at aemen@joshandmak.com A common query and complaint on behalf…
Recent Cases on DNA (paternity testing) in Pakistan
By Pir Abdul Wahid Note , if you need legal advice regarding Paternity Testing (DNA) our team will be happy to advise you regarding Pakistani laws in this regard. …
Practice Note on the requisition of Shareholders for an Extraordinary General Meeting (Pakistani Company Law) , in the presence of possible objections by investment advisors
Practice Note on the requisition of Shareholders for an Extraordinary General Meeting (Pakistani Company Law) , in the presence of possible objections by investment advisors. The applicable law here is…
Writ Petitions at the IHC after imposition of Article 245: justice delayed is justice denied!
By Pir Abdul Wahid UPDATE (6th of July,2014) :Since this article was written there is news that the controversy created by the perceived impact of Article 245 has been addressed…
Protecting IP rights pertaining to Domain Names in the Pakistani Cyberspace
Josh and Mak International can offer the following legal services to both local and foreign companies: Legal Advice on Domain Name Registration: Josh and Mak International can legally assist companies…
Energy Security-changing perspectives.
Energy security is a multi-faceted phrase in the modern times, simply because it is no longer a straightforward matter of making sure that local energy products and hydrocarbon deposits remain…
PEMRA Ordinance and Media Freedom
By Pir Abdul Wahid Advocate (This article is a ‘work-in-progress’ and I will keep updating it after further research.As a former legal counsel for PEMRA and its related media cases,…
Memo: Protection of Layout-Designs of Integrated Circuits in Pakistan
You can contact us at pirwahid@joshandmak.com for legal advice based on the information given below: Pakistan as a member of WTO and signatory to the Agreement on Trade Related Aspects…
A basic guide to the Indus Water Treaty (Pakistan)
Pakistan-Salient Features of the Indus Water Treaty By Pir Abdul Wahid For more information on the Indus Water Treaty please email us at Pirwahid@joshandmak.com A number of agreements for the…
A basic to guide to your tax liabilities under the Income Tax Ordinance 2001 and related laws
By Pir Abdul Wahid If you need more information and/or legal advice on your tax liabilities and refunds please email me at pirwahid@joshandmak.com The Income Tax Ordinance 2001 came into…
KPK mining policy 2014 (Second Update)
Update as of 12 September We have now received a copy of the Policy (official) and it has been placed at our OREM Portal.Please click here to access it. Update…
Common local concepts and terms in Pakistan
As we get many legal queries regarding such terms as those listed below from our foreign clients having to deal with the local law of Pakistan, we have prepared another…
A guide to common legal terms (English and Latin)
This small guide has been compiled for the benefit of our current and prospective clients as many of these terms are beyond the understanding of lay persons, particularly when they…
A short note on Pakistani laws on indigenous and tribal persons
By Pir Abdul Wahid (Advocate) Local Laws Basically, the Government of Pakistan does not recognize indigenous peoples in Pakistan. Any reference to them is made with the term “tribal”. As…
Comment : Pakistani law on forest conservation and wildlife protection
By Pir Abdul Wahid (Advocate High Court) Pakistan’s first forest policy was announced in 1955, followed by the forest policies of 1962, 1975, 1980, 1988, 1991 and 200121. The current…
Comment: Media and Broadcasting Laws in Pakistan
By Pir Abdul Wahid (Advocate High Court) and Barrister Aemen Maluka Introduction The media in Pakistan is a great source of information via both its electronic and paper divisions it…
Upcoming Publication: The Youtube case (a judicial and public policy perspective)
Author: Senior Partner Josh and Mak Barrister Aemen Zulfikar Maluka; Co-written by Senior Managing Partner Pir Abdul Wahid (Advocate High Court) We are happy to announce that our article on…
A short guide to the PEMRA Ordinance
Pakistan Electronic Media Regulatory Authority (PEMRA) was established in March 2002 through an Ordinance. According to the PEMRA Ordinance, the objectives of PEMRA include: improving standards of information, education, and…
Key Players and Legal Structure of the Pakistani Power Sector
Incentives for foreign and local investment in the Power Sector of Pakistan Exemption from Corporate Income Tax, Turnover Tax and Withholding Tax, no Sales Tax, only 5% concessionary Import Duty…
Reko Diq Revisited 2014
Recent Development July 2014 According to recent news, an Australian, US and Canadian consortium of mining and financial companies is about to renew its offer to make a bid of…
226 Mining Exploration Licences granted in Malakand, KPK
In 2014, The Minerals Development Department in Khyber Pakhtunkhwa has granted 226 exploration licenses and mining leases today to private companies and investors in Malakand Division. These permissions include nine…
Transparency in Indonesian Mining Contracts
July 2014: Recently Indonesia’s antigraft body has broadened its supervisory function in the mining sector to include the observation of practices of mining companies that hold contracts of works.As of…
Upcoming Pakistan (KPK) Mineral Policy for 2014
Update: This Policy Is Now Available on Our Website at OREM.Click here The new Pakistan (KPK) Mineral Policy for 2014 is due to be launched by the KPK provincial government…
The rule on ‘stale’ cheques. (1994 MLD 271 HABIB BANK LIMITED vs. JAMILUR REHMAN)
Ever wondered about the original judgment confirming the rule about stale cheques (6 months old) being invalid? Well here it is (down below).We will be posting some new rules on…
Bytes for all v.s. Federation of Pakistan etc. W.P.No 958/2013
The PDF below contains orders dated 13.05.2014 and 13.03-2014 given in the case of Bytes for all v.s. Federation of Pakistan etc. W.P.No 958/2013. [gview file=”https://aemenmaluka.wpengine.com/wp-content/uploads/2014/06/Youtube-Case.pdf” profile=”2″ height=”1000px” width=”800px” save=”0″]
Proposed Changes for Customs , Excise and Taxation Budget 2014-2015
We have been receiving many queries from our clients, after the recent budget presentation, as to what are the key proposals for Customs, Excise and Taxation areas and how these…
Court Decisions on Pakistani Evacuee and Tenancy Laws
In case 1995 C L C 1823 the property in question was not treated as evacuee property under the West Pakistan (Administration of Evacuee Property) Act, 1957. The plaintiffs were…
Major Water, Power and Electricity decisions in Pakistan
The information provided in this bulletin is intended to inform but is not a substitute for specific legal or other professional advice where warranted by each situation’s facts and circumstances.…
Changing Oil and Gas trends for 2013-2014
The year 2012 saw a lower growth in the energy industry of China, India and Brazil with uncertainty surrounding the handling of the “fiscal cliff” within the U.S. and the…
France Update 2013: The French Petroplus Case prompts new Law
The Decree No. 2012-1190 of October 25, 2012 has recently clarified the Law No. 2012-346 of March 12, 2012 on protective measures (mesures conservatoires) applicable to French safeguard, recovery and…
Myanmar Foreign Investment Law Implementing Regulations (2013 Update)
On January 31, 2013, the Ministry of National Planning and Economic Development released the new Implementing Regulations for the Myanmar Foreign Investment Law No. 21 (FIL No. 21). FIL No.…
UK Energy Update: Reform of concurrent powers
The UK government has tabled reforms to UK competition law which could allow the removal of the “concurrent” powers of sector regulators to apply competition law. The changes extend to…
China; 2013 Guidelines For The Development Of Energy Sector
To ensure a healthy development of the economy, on January 23, 2013, the State Council of the People’s Republic of China announced the long-awaited Energy Development 12th Five Year Plan,…
Chinese Regulation Update 2012-2013
The Decision of the Standing Committee of the National People’s Congress on Revising the Labor Contract Law of the People’s Republic of China Released On December 28, 2012, the Standing…
Top Oil Discoveries 2013 (Jan-March)
These discoveries are significant due to their size or the fact that they indicate new important exploration concepts, even though no reserves figure might have been announced. 1. Brazil Five…
EU Commission opens anti-dumping investigation into imports of solar glass originating in China
On 28 February 2012, the European Commission launched an anti-dumping investigation into imports of solar glass originating in China, following a complaint lodged on 15 January 2013, by industry association…
European Commission’s Cybersecurity Strategy Update
On 7 February 2013, the European Commission published two cybersecurity documents designed to provide a comprehensive vision of how European Union Member States, national authorities, and private industry will prevent…
EU Commission concludes that the REACH Regulation has brought significant improvements
On 5 February 2013, the European Commission (“Commission”) published its general report on Regulation 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (“REACH”). The publication of the report…
A review of the BP Oil Spill (updated 2023)
Health and Environmental Problems After the BP Oil Spill (updated 2023) The Deepwater Horizon oil spill, which occurred on April 20, 2010, is still haunting the lives of thousands of…
Abortion Law in Pakistan
Revisions in Pakistan’s Abortion Laws: Balancing Islamic Teachings and Legal Framework In 1990, the Pakistani government took a significant step by revising the outdated colonial-era Penal Code of 1860, specifically…
New Draft CCP Guidelines to prevent deceptive marketing practices
Pakistan Telecom sector : CCP’s guidelines to prevent deceptive marketing practices As a part of its efforts to protect consumers from anti-competitive behaviour and promote voluntary compliance of law, the…
FBR Tax Alert (Sales Tax) S.R.O 98 (1) 2013)
All Companies and Exporters to pay Withholding Sales Tax from 14 February 2013!
Energy Charter Alert: Afghanistan About to Become the 54th Member of the Energy Charter Conference
On 19 February 2013 the government of Afghanistan informed the Energy Charter Secretariat that the country’s internal procedures for ratifying the Energy Charter Treaty were successfully completed. The next step…
Tax Alert
FBR Tax Alert! FBR has developed an IT-Product for Sales Tax called “Computerized Risk-Based Evaluation of Sales Tax” (CREST). If you are registered for Sales Tax, this system can help…
Salient features of Labour Laws in Pakistan-IV
Salient features of Labour Laws in Pakistan-IV Qualified specialists in our legal team can advise you further on these aspects of Labour Laws in Pakistan.Just drop us an email at…
Salient Features of Labour Laws in Pakistan-III
Salient Features of Labour Laws in Pakistan-III For more information about our litigation and practice on Labour Laws in Pakistan, contact us at pirwahid@joshandmak.com Collective Labour Disputes Commencement of a…
Salient Features of Labour Laws in Pakistan-II
Salient Features of Labour Laws in Pakistan-II We can give you specific legal advice in this area or any relevant matters.Please drop us an email at jm@joshandmak.com Trade Union and…
Salient features of Labour Laws in Pakistan-I
Salient features of Labour Laws in Pakistan-I The Josh and Mak Team can advise you further on Labour laws if you need any legal advice in this area.Just drop us…