Josh and Mak International, Law Firms In Pakistan
Business News Law Updates And Consultation Papers

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 politicians in power.The controversy resulted in many opposition parties taking up the matter at the Supreme Court of Pakistan.The much awaited judgement on 20th of

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Law Updates And Consultation Papers New laws

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 Muslim burial. This is according to Reuters News Agency who say they obtained a copy of the religious edict today. Tanzeem Ittehad-i-Ummat Pakistan, a lesser

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Business News Law Firms In Islamabad Law Updates And Consultation Papers

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 that the much lauded Blockchain technology will prove revolutionary within the legal industry in the next few years and will prove to significantly disrupt not

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Trademark Laws in Pakistan
Business News Daily Legal Advice Series Frequently Asked Questions Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers

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 conflict with the underlying currents of the technology. While some people post your work somewhere without your permission, it is illegal and steps should be

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Digital World Law in Pakistan
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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 as telecom towers with the aim of maximizing the amount of sites which is available to those operators to be able to effectively deploy their

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Josh and Mak International, Law Firms In Pakistan
Business News Law Firms In Islamabad Law Updates And Consultation Papers Opinions and legal trends

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 is entitled “Prevention of Electronic Crimes Act 2016” was unveiled by Anusha Rehman, the state minister of information technology. The draft laws was referred to

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Doing Business in Pakistan 2016-2017

 The Complete Client Guide. The information below is an effort to place a summary of the Pakistani Legal System for the benefit of our client. If you have any questions, please feel free to contact us for a detailed legal opinion and legal representation. Can’t find an answer down below? Give us a call at

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Josh and Mak International, Law Firms In Pakistan
Business News Law Updates And Consultation Papers Parliamentary News

‘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 following the data leaks from Panama. The supreme court has said that a proposed commission launched under the 1956 Inquiry Ace could take years to

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Daily Legal Advice Series Frequently Asked Questions Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers

Fundamentals of Employment law in Pakistan

This article is for basic guidance of our clients only.For more information, please contact us at 0300-5075993 or email us at jm@joshandmak.com Many people have been curious about the nature of employment within the Islamic Republic of Pakistan. Thus, learning a thing or two about the basic law on employment will shed some light into

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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 laws in Pakistan and Setting Up Independent Power Projects in Pakistan We are a Top Legal500 Law Firm, which has been making positive efforts to

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Josh and Mak International
Daily Legal Advice Series Frequently Asked Questions Law Firms In Islamabad Law Updates And Consultation Papers

ENVIRONMENTAL LAW IN PAKISTAN : A Short Client Guide

Our team at Josh and Mak International are experts in all the technical aspects of environmental law including toxicology, epidemiology, hydrogeology, biology and engineering. Several of our lawyers have also had formal technical training in the area of environmental science. In addition, we consult on a regular basis with environmental analysts, both in-house and outside

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Internet web hacking
Daily Legal Advice Series Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers Opinions and legal trends

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 by the federal government. The naturalization certificate can be gained under section 3 of the naturalization Act 1926 on the following grounds:- That he or

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Black Office Folder
Daily Legal Advice Series Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers

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 problems before they happen. Having a practice that with both extensive experience and expertise puts us in the position to represent clients in all industries.

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Daily Legal Advice Series Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers Opinions and legal trends

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 in arbitration are effectively opting out of the court system and submitting their case for resolution by a neutral, third party arbitrator. The reasons for

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New
Daily Legal Advice Series Frequently Asked Questions Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers Opinions and legal trends

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 within the country, they’ve certainly had their hands full thanks to the new cyber crime bill, (#PECB15) which was passed on April 15 by The

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trademark laws in Pakistan
Daily Legal Advice Series Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers Opinions and legal trends

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 Panama have increasingly appeared in the new over recent years and have become a global concern due to not only their existence and way they

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Corporate
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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 catching corrupt officials within NADRA. The Whistleblower System The former chairman of NADRA launched this program in order to promote a culture of clean administration

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Daily Legal Advice Series Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers

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, tuned-in and well-crafted tax solutions. At Josh and Mak International we provide a comprehensive range of services from the completion of tax returns under corporation

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Daily Legal Advice Series Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers

Real Estate/Property Laws In Pakistan

Property law is the area of the law that governs the various form of ownership in real estate property and land as opposed to personal and/or movable possessions and in the area personal property within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable

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Happy New Year 2015
Law Updates And Consultation Papers Opinions and legal trends

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 to the resources of GHPL; Government Holding (Pvt) Limited Sources have informed the Business Recorder. The sources also claimed that Petroleum Ministry is planning to

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Daily Legal Advice Series Law Firms In Pakistan Law Updates And Consultation Papers

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, appointment and termination issues, recruitment appointments, promotions and reversion to a lower grade or service, removal from service, matters of pension, gratuity and provident funds.

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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 management control. The government has promised that no action will be taken against those employees who led a charge during the protests against privatisation, and

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Josh and Mak International, Law Firms In Pakistan
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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 is despite the policy having been approved by the highest level of economic decision makers in the country. The FBR, Federal Board of Revenue, stated

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Josh and Mak International, Law Firms In Pakistan
Law Firms In Islamabad Law Firms In Pakistan Law Updates And Consultation Papers Open Resources Project Opinions and legal trends

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 and LPG, Khyber Pakhtunkhwa is absolutely teeming with various minerals and Fata is effectively a new oil state as over the next 5 years the

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Justice on Wooden Piece
Daily Legal Advice Series Frequently Asked Questions Law Updates And Consultation Papers Library Resources from the Josh and Mak Team Open Resources Project Opinions and legal trends

Legal Services for British Pakistanis

You have tried the rest, now try the Best. Pakistan’s Top Law Firm! As a well-known Legal500 law firm, Josh and Mak International has been proudly providing legal services to British Pakistanis , Oversees Pakistanis and Pakistani Expatriates abroad.We are based in the UK and in Pakistan through our various associations and partners.As one of

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Josh and Mak International, Law Firms In Pakistan
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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 the “The State Bank of Pakistan (Amendment) Bill 2015″ on 9 November, 2015. The bill had already been passed by the senate and it just

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Realtor Signing Contract
Daily Legal Advice Series Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

Advice on Website compliance under SECP Guidelines for Public and Private Companies

Is your website up to the mark, as prescribed by the SECP Legal Guidelines? Ask the Compliance experts. Call now – +92-51-8442922 or email us at Jm@joshandmak.com Claim a FREE evaluation report of your website’s legal compliance today!   The SECP (Securities and Exchange Commission of Pakistan) through SRO 634 (I)/ 2014 (“notification”) dated July

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Comment : Pakistani law on aliens/foreigners and acquiring citizenship

Status of Aliens Aliens are defined in Pakistan Citizenship Act 1951, § 2 (as Amendment Act 1952) to mean persons who are neither citizens of Pakistan nor Commonwealth citizens who have status of Commonwealth citizen under British Nationality Act, 1948 and British Protected person under same Act. Alien visitors must register with the police within

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Telecommunication Consumer Protection
Daily Legal Advice Series Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

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 in this regard as to how their business arrangements will be affected by these.For further queries please contact Pir Abdul Wahid Advocate at +92-300-5075993 or

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PTA Pakistan telecommunications
Daily Legal Advice Series Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

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) All links will take you to a third party webpage (https://www.pta.gov.pk) which is not connected to our website.We are happy to provide this information to

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Realtor Signing Contract
Daily Legal Advice Series Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

Legal Procedure pertaining to Sale of Land, residential and commercial property in Pakistan (excluding Federal Territory)

By Pir Abdul Wahid This article is a brief primer on the procedure and time required for successful conveyancing of property in Pakistan.Please note that in the case of Federal Territory the requirements may differ.I intend to bring this up in my future blog posts. The first step is to obtain a fard jamabandi document

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Code of Civil Procedure 1908
Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

Understanding the Law on Civil Appeals under the Pakistan Code of Civil Procedure, 1908

Code of Civil Procedure, 1908 Civil Appeals 96. Appeal from original decree. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear

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Energy Law Firm in Pakistan
Law Updates And Consultation Papers Open Resources Project www.oilgasandenergylaws.com

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. ………… Petitioner Versus Federation of Pakistan, through the Secretary, Ministry of Petroleum & Natural Resources, Government of Pakistan, Islamabad. Federation of Pakistan, through the Secretary,

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Metal oil tanks on the sea coast
Law Updates And Consultation Papers Opinions and legal trends

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 an LNG terminal. This terminal has the capacity of handling 400m cubic ft. per day and isn’t protected by any kind of sovereign guarantee, meaning

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Law Updates And Consultation Papers Library Resources from the Josh and Mak Team Open Resources Project Our News

Legal Profile of Pakistan’s Mining Industry

Compiled by Barrister Aemen Maluka and Pir Abdul Wahid (Advocate)  A copy of this publication has already appeared in the 2014-2015 issue of ICLG to Mining law which can be accessed here Relevant Authorities and Legislation 1.1            What regulates mining law? The Regulation of Mines and Oilfields and Mineral Development (Government Control) Act, 1948 (as

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Law of Ship Breaking in Pakistan
Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

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 Pakistan.We have compiled a recent list of cases for our clients, in order to aid their understanding of the legal issues involved.For professional legal advice

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Notifications
Frequently Asked Questions Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

Pakistani Law on statements of Interested Witnesses

The statement of the witness on account of being interested witness can only be discarded if it is proved that an interested witness has ulterior motive on account of enmity or any other consideration. Essentially this proposition has been considered in number of cases and this Court had declined to give weight to it, in

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rose on a book and scales of justice
Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

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 two adult male Muslims, other than victim of crime, were not available in this case–All four persons in van were actually and in constructive custody

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rose on a book and scales of justice
Law Updates And Consultation Papers Library Resources from the Josh and Mak Team Opinions and legal trends

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 their rule. It includes the Criminal Procedure Code of 1898 and Penal Code of 1860. These codes do not provide for and restorative justice hence

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Energy Law in Pakistan :
Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

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 jm@joshandmak.com A common query and complaint on behalf of our foreign clients wishing to invest in Pakistan is that there are no specific Pakistani Federal and Provincial laws concerning commercial bribery, but the

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DNA Law
Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

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.     “The gene is the unit of Life. The soul is the unit of Humanity. We know the alphabet of Life, we have unraveled the

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business-people
Law Updates And Consultation Papers Opinions and legal trends

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 the Companies Ordinance, 1984 and the Investment Companies and Investment Advisors Rules, 1971.In advising on such a question care should be taken to see any

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Large Door
Law Updates And Consultation Papers Opinions and legal trends

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 by the IHC today.It has been confirmed that the Islamabad High Court has the jurisdiction to proceed with petitions filed under Article 199 of the Constitution

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Law Updates And Consultation Papers Opinions and legal trends

The problem with DNS based disputes (Intellectual Property law)

The introduction of the DNS as a new language has made the use of cyberspace simple and readily available, but  has consequently caused the issue of domain name conflicts in relation to intellectual property rights, because domains in the network, in the same fashion as trade marks, serve to distinguish products and services from similar

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flame
Law Updates And Consultation Papers Opinions and legal trends

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 enough for future use. The simple fact is, that today energy security is mainly a political issue, which forms the pith and substance of the

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projects
Law Updates And Consultation Papers

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, if you have further queries regarding a legal matter I will be happy to help.I can be reached at pirwahid@joshandmak.com) It was not until the

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Law Updates And Consultation Papers

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 of Intellectual Property Rights (“TRIPs Agreement”) undertook at Morocco in 1995 to make laws to incorporate, inter alia, Sections 35 to 38 of TRIPs Agreement

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Law Updates And Consultation Papers

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 sharing of river waters were concluded between India and Pakistani after independence. The most significant of these have been the Indus Water Treaty (1960) between

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Law Updates And Consultation Papers

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 force in 2002. Hence the provisions of the 1979 Tax Ordinance remain effective for any income year ending on or before June 30, 2002 and

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Poster
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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 as of 22nd of July 2014 ; Our team is slightly surprised and disappointed that there has been no written version of this policy released

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legaladvisory
Law Updates And Consultation Papers

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 small list here  with explanations about these terms. For more information about a possible legal query/matter on these terms , we welcome prospective clients to

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Notifications
Law Updates And Consultation Papers

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 have to go through court documents and pleadings.If you have a query involving any of these terms or a legal dispute that needs resolution, you

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Law Updates And Consultation Papers

A guide to the commonly used (English) legal and technical terms in Land Revenue Law

As we get many legal queries regarding such terms as those listed and explained below, especially from our foreign clients having to deal with the local estate law of Pakistan, we have prepared a humble and non-exhaustive list with explanations about these terms.We truly hope this can help our clients.For a list of Urdu terms

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Code of Civil Procedure 1908
Law Updates And Consultation Papers

TECHNICAL TERMS IN PAKISTANI LAND REVENUE AND LAND LAW (Urdu , Persian and Arabic)

  As we get many legal queries regarding such terms as those listed and explained below, especially from our foreign clients having to deal with the local estate law of Pakistan, we have prepared a humble and non-exhaustive list with explanations about these terms.We truly hope this can help our clients. For a list of

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Law Updates And Consultation Papers

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 such there is no specific policy on the indigenous and tribal peoples. Under special administrative arrangement in FATA and PATA, the Government has been running

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Law Updates And Consultation Papers

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 draft “National Forest Policy, 2005, Ministry of Environment, Government of Pakistan” was announced in 2005 as an umbrella policy to provide guidelines to the provincial

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PTA Pakistan telecommunications
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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 has provided awareness and news to the people for more than a decade now. Previously we only had national television and it is still the

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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 the You Tube case will be published in the August issue of well-known E-Commerce Law Reports journal by Cecile Park Publishing. ABSTRACT : The Lahore High Court

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Law Updates And Consultation Papers

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 entertainment; enlarging the choice of people for news, current affairs, and music; improving access of people to mass media at the local and community level;

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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 on plant & equipment not manufactured locally GOP Guarantees obligations of power purchaser and provinces GOP provides protection against Political Force Majeure, change in law

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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 prospective licenses and eight mining leases for granite. Sources at the Ministry of Petroleum and Natural Resources said that the duration of prospecting and exploration

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Code of Civil Procedure 1908
Law Updates And Consultation Papers

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 now Mining licenses are required to obtain a “clean and clear” status, which indicates that the companies’ activities are in line with the government’s environmental policies,

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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 today (7th of July , 2014). We will be offering detailed advice to our valued clients on our website soon, as to how this may

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Josh and Mak Upcoming Publication : 2015 edition; The International Comparative Legal Guide to: Mining Law (Pakistan Chapter)

The Josh and Mak team is proud to announce that they will be exclusively authoring “The International Comparative Legal Guide to: Mining Law 2015 (Pakistan Chapter)– 2nd edition”.This Publication is expected to be available after September 2014.We will be distributing copies of this chapter to a selected number of current and prospective clients and organizations

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Karakoram Highway
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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 post dated cheques soon as well. 1994 MLD 271   [Karachi]   Before Syed Haider Ali Pirzada, J   HABIB BANK LIMITED—Applicant   versus  

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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″]

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JM LEGAL ADVICE ICON
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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 may affect them. Here are a few observations and proposals for the year 2014-15. For more information on how these changes may affect your business,

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Pakistan Justice Concept
Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

Court Decisions on Pakistani Evacuee and Tenancy Laws

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. Under some Rules of Professional Conduct, this communication may constitute attorney advertising.  General Decisions Property in question had not been treated as evacuee property in

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Law Updates And Consultation Papers Library Resources from the Josh and Mak Team

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. Under some Rules of Professional Conduct, this communication may constitute attorney advertising. For more information please contact jm@joshandmak.com General Decisions Imposition of penalty for slow-running

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Energy Law in Pakistan :
Law Updates And Consultation Papers

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 Euro crisis. It appears that the impact of austerity measures in the U.S. and in the E.U. will continue to negatively impact economic growth in

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Law Updates And Consultation Papers

UK-HSE Offshore Oil and Gas Update:The Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 2013

The Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 2013 (the ‘Order’) is expected to come into effect on 6 April 2013. The Order will revoke both the Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 2001 and the Health and Safety at Work etc

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Law Updates And Consultation Papers

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 liquidation proceedings, named as the Petroplus Law. The Petroplus Law was mainly designed, and adopted, in the context of a highly publicized insolvency proceeding of

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JM Law in Pakistan
Law Updates And Consultation Papers

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. 21, which repeals the previous 1988 Law on Foreign Investment, on November 2, 2012. FIL No. 21 introduces certain improvements compared to the 1988 Law

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Law Updates And Consultation Papers

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 the energy sector and beyond, raising important issues concerning the proper allocation of functions between the competition authority and sector regulators in the context of

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Law Updates And Consultation Papers

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, one of the 18 national-level key sector-specific plans for the “12th Five Year” period (i.e., 2011 to 2015). The plan identifies nine major tasks on

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Law Updates And Consultation Papers

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 Committee of the National People’s Congress released the Decision on Amending the Labor Contract Law of the People’s Republic of China (the “Amendments”), which will

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Law Updates And Consultation Papers

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 hydrocarbon discoveries offshore northeast Brazil (in the Sergipe-Alagoas Basin) were announced in 2012, the last two being in December. The latest (informally known as Cumbe)

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Law Updates And Consultation Papers

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 EU Pro Sun. Provisional findings will be issued within nine months of the opening of the investigation, namely by November 2013. From this date, provisional

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Security Technology in Pakistan
Law Updates And Consultation Papers

USA Cyber Security Executive Order-Best Practices for 2013

We would advise our clients working in close connection with those entities which qualify as “critical infrastructure“ which largely means energy, health care, transportation, financial services, heavy manufacturing, food and drugs to ensure the following best practices to ensure legal compliance: Do you have a data breach plan in place? If you store any individual’s

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Josh and Mak International, Law Firms In Pakistan
Law Updates And Consultation Papers

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 and respond to cyber disruptions and attacks. The Cybersecurity Strategy is aimed at harmonizing national authorities of EU Member States to improve cyber resilience and

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Law Updates And Consultation Papers

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 fulfils the obligation on the Commission to review functioning of the REACH Regulation every five years. Generally, the Commission concluded that the REACH regime has

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Law Updates And Consultation Papers

BP Oil Spill-3 years later!

Although the Gulf of Mexico shows signs of healing, there is an indication of damage to deep-water coral reefs, mangroves, dolphins and some other fish species.With more than 8,000 birds, sea turtles, and marine mammals found injured or dead in the months following the spill, the long-term effects of the oil and its dispersants remain

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Law Updates And Consultation Papers

Abortion Law in Pakistan

In 1990, the Pakistan government revised the colonial-era Penal Code of 1860 with respect to abortion. The revisions sought to conform better to Islamic teachings regarding offenses against the human body. Under the 1990 revision, the conditions for legal abortion depend on the developmental stage of the fetus—that is, whether the fetus’s organs are formed or not. Islamic scholars have

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Law Updates And Consultation Papers

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 Competition Commission of Pakistan has prepared Deceptive Marketing Guidelines to provide guidance in respect of the Section 10 of the Competition Act, 2010 to undertakings

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Law Updates And Consultation Papers

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 is for Afghanistan to deposit its instrument of ratification with the government of Portugal – the depository of the Energy Charter Treaty. The Treaty will

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Josh and Mak International, Law Firms In Pakistan
Law Updates And Consultation Papers

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 you. Please view www.e.fbr.gov.pk through your login. This is the same login that you use to e-file sales tax returns.This CREST system checks information from

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Law Updates And Consultation Papers

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.Just drop us an email at jm@joshandmak.com Strikes and Lock-outs Proceedings of strikes and lock-outs If dispute settlement proceedings before the Conciliator fail and no settlement is reached, and if the parties have

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Law Updates And Consultation Papers

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 dispute Under the IRO 2002, if an employer or a Collective Bargaining Agent finds that an industrial dispute has arisen or is likely to arise,

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Law Updates And Consultation Papers

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 Employers Association Regulation Freedom of association The right to association is guaranteed by Article 17 of the Pakistani Constitution imparting on every citizen the right

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Law Updates And Consultation Papers

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 an email at pirwahid@joshandmak.com Labour Rights in the Constitution The Constitution of Pakistan contains a range of provisions with regards to labour rights found in

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