Messages for Current Interns

14/08/2023

WhatsApp Group Created for New Internees whose areas of research are as follows: 

(1) Full Name : Leena Zulfiqar : Alias :Leena (Currently on Leave for CSS Exams)

Areas of Research: Harassment, Cyber-harassment and Workplace Harassment in Pakistani law (Including the role & decisions of FOSPAH)

(2) Full Name: Hamza Manzoor Ali: Alias: Hamza Butt

Areas of Research: (1) Father’s and Paternal Grandparents’ right to custody.Fathers as non-custodial parents and their rights and visitation rights.Intelligence Preference of Minors as a factor in Father’s getting Custody in Pakistan

(1) Inheritance & Islamic Succession and Shares

(3) Full Name: Muhammad Kashif Sulehri  Alias: None (Resigned 21-Sept, 2023)

Areas of Research: Environmental Law in Pakistan Environmental Protection Act and Tribunal and Criminal provisions against pollution and environmental damage/disturbance/nuisance.

(4) Full Name: Hassan Sajjad Alias: Hassan Awan

Areas of Research : Federal Shariat Court Practice, Procedure and Jurisprudence.

(5) Full name: Sana Haque 

Areas of Research : (1) Cyber crimes -Electronic payment frauds/Economic Frauds Online in Pakistan ETO 2002 and PECA 2016 

Start Date of Internship- 5th of October 2023 (Renewal Due 29th of October 2023) 

Welcome Message

Josh and Mak International: WhatsApp Learning and Reporting Group Guidelines for Internees

Welcome to the WhatsApp Learning and Reporting Group for Internees at Josh and Mak International. We are delighted to have you as a part of our team and look forward to your valuable contributions. To ensure a respectful, professional, and productive environment, please adhere to the following guidelines:

1. Professional Communication:

Maintain a high standard of professionalism in all your interactions within the group. Use courteous and respectful language when communicating with fellow internees, mentors, and administrators. Avoid casual or informal language that may undermine the professional atmosphere.

2. Relevant Discussions:

Engage in discussions that are relevant to the scope of the group, such as legal matters, professional development, and learning opportunities. Off-topic discussions, personal chit-chat, and non-professional content should be avoided.

3. Respect for Diversity:

Treat all members with respect and consideration, regardless of their background, gender, ethnicity, or any other factor. Offensive, discriminatory, or disrespectful comments will not be tolerated.

4. Private Communication:

Refrain from initiating private conversations with female internees within the group, especially those of a personal nature. All discussions should take place within the group to ensure transparency and professionalism.

5. Harassment-Free Environment:

Creating a safe and harassment-free environment is of utmost importance. Any form of harassment, including but not limited to, verbal, written, visual, or physical, will not be tolerated. Report any instances of harassment to the group administrator immediately.

6. Learning and Sharing:

Use the group as a platform to share knowledge, ask questions, and seek advice. Constructive criticism and feedback are encouraged but remember to maintain a respectful tone.

7. Reliable Sources:

When sharing information, ensure that it comes from reputable and reliable sources. Misinformation or unverified content should not be circulated.

8. Confidentiality:

Respect the confidentiality of sensitive discussions or information shared within the group. Do not disclose private or confidential details without proper authorization.

9. Group Administration:

Follow instructions and directives from the group administrators and mentors. If you have any concerns or suggestions regarding the group’s functioning, address them to the administrators privately.

10. Consequences of Violation:

Failure to comply with these guidelines may result in temporary or permanent removal from the group and jeopardize your internship tenure with us.

By adhering to these guidelines, you contribute to creating a positive and conducive learning environment for all internees. Let’s work together to make the most of this platform for your professional growth and development.

If you have any questions or concerns, please feel free to reach out to the group administrator via private chat or via email aemen@joshandmak.com 

Thank you for your cooperation and commitment to maintaining a respectful and professional atmosphere.

Sincerely,

Barrister Aemen Zulfikar Maluka

14/08/2023 (second message)

Dear Team,

This is your reporting and learning group for your period of internship at Josh and Mak International.We will formally start the internships by Midweek (possibly around the 15th or the 16th of August, 2023).

In light of our upcoming research discussions and collaboration, we kindly request that all team members consider installing WhatsApp Desktop on their laptops. This step will help facilitate efficient communication and enhance our ability to engage in meaningful discussions within the group.

WhatsApp Desktop offers several advantages, including the ability to:

* Convenient Research Discussions: With WhatsApp Desktop, you can seamlessly participate in research discussions without the need to switch between devices. This will enable us to engage in real-time conversations and share insights more effectively.

* Multi-Device Access: Installing WhatsApp Desktop allows you to access your messages and discussions from both your laptop and your mobile device, providing flexibility and ensuring you never miss an important update.

* Enhanced Collaboration: The desktop version offers a larger interface, making it easier to view and respond to messages, share documents, and contribute to discussions. This can significantly enhance our collaborative efforts.

* Efficient Information Sharing: You can easily share articles, documents, and research findings through WhatsApp Desktop, fostering a dynamic exchange of information among team members.

Please note that while installing WhatsApp Desktop is encouraged, we understand that individual preferences and circumstances may vary. If you choose to install WhatsApp Desktop, please ensure that you use it responsibly and in accordance with our team’s communication guidelines.

For those who are new to WhatsApp Desktop, you can follow these steps to get started:

* Visit the official WhatsApp website: https://www.whatsapp.com/download/

* Download and install the appropriate version for your operating system (Windows or macOS).

* Open the application and follow the setup instructions to link your WhatsApp account.

We believe that using WhatsApp Desktop will contribute to a more seamless and productive research collaboration. Your active participation is greatly appreciated as we work together to achieve our goals.

Thank you for your attention and cooperation.

In this conversation dated August 14, 2023, between members of our team and new interns, several key points were discussed. The conversation began with introductions from two interns, Hassan Sajjad and Hamza Butt, who provided their names and places of origin.

Josh and Mak International, welcomed the interns and mentioned addressing technical errors on the firm’s website. We assured the interns that we would provide updated information about their roles shortly and encouraged them to post any questions they had.

Hamza expressed excitement about starting work and inquired about the nature of their tasks, particularly whether there would be specific time limits to follow, similar to a physical office setting.

We clarified that the interns would have flexible working hours and encouraged open communication, emphasizing that there would be no judgment for asking questions.We also asked the interns to confirm their use of WhatsApp for Desktop and their computer operating systems.

We stressed the importance of learning WhatsApp Desktop’s functionalities for efficient communication.

Additionally, we  shared a link for the interns to view an example of how to document their findings and research on the firm’s website. We invited them to explore the site and suggested that they could provide feedback on areas for improvement.

We also mentioned updating the Interns page with guidelines for legal research and provided recommendations for subscribing to legal research sites, specifically Pakistan Law Site, emphasizing its coverage of various journals.

Hassan asked about PLJ Law Site, and we explained the differences between Pakistan Law Site and PLJ, highlighting the broader coverage of Pakistan Law Site.

Overall, this conversation outlined the initial steps for onboarding the interns, including technical requirements, work flexibility, and the importance of legal research resources. It also encouraged active participation and feedback from the interns.

15th August 2023

  • Resource Links: We shared several legal and information resource links with the interns. These links included a page for reference details, performance appraisal guidelines, and a page for important messages. We mentioned that these pages would have more details and guidelines by the 17th.
  • Introduction by Leena: Leena Zulfiqar introduced herself as a graduate of Sharia and Law, offering encouragement to the interns to explore the provided resources and cherish the opportunity to work with the firm.Leena has been our intern since 1st of August 2023 and is also preparing for her CSS exams.
  • Interns’ Responses: Interns Hassan Awan and Kashif Sulehri confirmed the accuracy of their details on the Register of Interns and shared their progress in downloading WhatsApp for Desktop. Hamza Butt mentioned facing technical issues but expressed commitment to resolve them.
  • Performance Appraisal: Hamza inquired about the possibility of extending the internship if the performance appraisal is not up to the mark but the intern is very eager and willing to learn. We clarified that interns willing to learn and show effort can receive extensions based on internal evaluation.
  • Focus Areas: Interns Hamza, Hassan, and Kashif shared their chosen focus areas, including family law, ADR, human rights, international humanitarian law, laws related to electronic media, environmental law, and intellectual property law.
  • Discussion on Specific Topics: We suggested specific research topics within the chosen fields, such as exploring fathers’ rights in custody cases and analyzing Section 91 CrPC for public nuisance
  • Leena’s Experience: Leena shared that she had been with the firm since early August and encouraged the interns to reach out to her for insights and guidance.
  • Access to Legal Sites: The interns discussed access to legal research sites like Pakistan Law Site and PLJ Law Site, with some mentioning budget constraints. We mentioned the possibility of improvising and saving up for access.
  • IP Blocking: There was a discussion about IP blocking on legal research sites due to multiple users sharing one account.
  • Requests for Cases: We encouraged the interns to send requests for specific scans and firm copies of cases via email to aemen@joshandmak.com.
  • Confirmation of Research Topics: We requested the interns to confirm their chosen research topics and email you regarding the materials and guidance they needed.The following messages were relayed:

Our advice to you is to find one scenario or area of law and then address its (a) theory (b) statute (c) case law (d) court procedure and relief/remedies (e) matters of appeal /jurisdiction etc

An example would be the Transfer of Court cases as per CPC (Civil Procedure Code)

Other examples :

 * “Navigating the Boundaries of Freedom of Speech in Pakistan: Analyzing the Balance Between Expression and Societal Harmony.”

* “Economic Empowerment of Women in Pakistan: Exploring the Legal Framework and Barriers.”

* “Digital Rights and Privacy in the Digital Age: Assessing the Adequacy of Data Protection Laws in Pakistan.”

* “Land Reforms and Agricultural Productivity: Investigating the Impact of Land Laws on Farming Practices in Pakistan.”

* “Access to Justice for Vulnerable Populations: Examining the Efficacy of Legal Aid Programs in Pakistan.”

* “Climate Change Legislation in Pakistan: Evaluating the Effectiveness of Environmental Laws in Addressing Climate Challenges.”

* “Corporate Governance and Accountability: Investigating the Role of Corporate Law in Ensuring Transparency and Ethical Conduct in Pakistani Companies.”

* “Intellectual Property Rights and Creative Industries: Exploring the Role of Copyright Laws in Fostering Innovation and Cultural Expression.”

* “Alternative Dispute Resolution Mechanisms in Family Law: Comparing the Effectiveness of Mediation and Arbitration in Resolving Domestic Disputes.”

* “Child Rights and Juvenile Justice: Assessing the Implementation and Impact of Laws Aimed at Protecting Children’s Rights in Pakistan.”

* “Regulation of E-Commerce in Pakistan: Analyzing the Legal Framework for Online Business Transactions and Consumer Protection.”

* “Labor Rights in the Gig Economy: Examining the Legal Status and Protections of Gig Workers in Pakistan.”

* “Cybercrime Laws and Digital Forensics: Investigating the Legal Approaches to Combatting Cyber Threats and Ensuring Cybersecurity in Pakistan.

Other discussion :

In this conversation on August 15, 2023, the focus was primarily on discussing research topics and providing guidance to the interns:

  • Topic Selection: Hamza Butt, one of the interns, expressed interest in researching “the right on the custody of Pakistan” and requested suggestions. We asked whether he wanted to focus on mothers’ custody or fathers’ custody. Hamza chose to explore fathers’ custody.
  • Guidance on Research: We advised Hamza to carefully read the webpage you had shared earlier and to frame specific research issues. We also mentioned the importance of looking into Section 12 and Section 491 of the law and evaluating whether mothers were misusing Section 491 and getting undue favour as per judicial decisions by excluding fathers from contact with fathers and father’s families.
  • Father’s Custody: The conversation delved into the significance of fathers’ custody and whether it should be considered illegal and improper as it is seen from 491 cases while mothers custody is almost never viewed as such. The discussion highlighted the challenges faced by fathers in custody disputes and their legal obligations.
  • Future Fathers’ Rights: We encouraged the interns, who will be future fathers, to work on understanding and advocating for fathers’ rights.We shared examples of ongoing cases in the Firm involving fathers’ custody issues.
  • Email Communication: We acknowledged emails received from the interns and provided specific research tasks and subtopics to one intern, along with a timeframe for completion.
  • Availability: We informed the interns about our availability after 4 pm and encouraged them to post any questions they had on the group. Additionally, We  reminded one intern (Leena)  to follow up on outgoing contracts and their countersigned copies.
  • Tip of the Day: The conversation ended with a teaser for a “tip of the day” related to organizing one’s life as a lawyer.

This conversation primarily focused on guiding the interns in their research endeavors, particularly in the context of custody rights in Pakistan, and emphasized the importance of fathers’ rights in such cases.

16th of August:

Message from  Josh and Mak International: Productivity of interns 

You can easily set reminders in Gmail using the built-in “Tasks” feature or by utilizing Google Calendar. Here’s how to set reminders using both methods:

Method 1: Using Google Tasks

* Open Gmail: Log in to your Gmail account.

* Access Google Tasks:

    * On the right side of the Gmail interface, click on the “Tasks” icon (it looks like a small checkmark in a box). If you don’t see this icon, click on the “View options” button (three horizontal lines) on the top right corner of the Gmail interface and select “Tasks.”

* Create a New Task:

    * In the Google Tasks panel, click the “+” button or simply start typing in the “Add a task” field to create a new task.

* Set a Due Date:

    * Click on the task to open it.

    * In the task details, you’ll see options to add a due date. Click on the calendar icon to select a date.

* Add Notes and Reminders:

    * You can also add notes and set a reminder time for the task by clicking on the “Add details” option.

* Save the Task:

    * Once you’ve set the due date, reminder, and other details, click outside the task to save your changes.

Method 2: Using Google Calendar

* Open Google Calendar:

    * Open your Google Calendar by navigating to https://calendar.google.com or by clicking on the “Calendar” tab in your Gmail account.

* Create an Event:

    * Click on the “+ Create” button on the left sidebar or click on a date and time slot in the calendar view to create a new event.

* Add Event Details:

    * Fill in the event details, including the event title, date, time, and any additional information.

* Set Reminders:

    * Under the “Notifications” section, you can set reminder notifications. You can choose to receive reminders via email, pop-up notifications, or even a mobile notification.

* Save the Event:

    * Click the “Save” button to create the event with the set reminders.

Viewing Reminders:

For Google Tasks, your reminders will appear in the Google Tasks panel in Gmail and can also be accessed through the Google Tasks mobile app.

For Google Calendar, reminders will be sent as notifications to your email, pop-up notifications (if enabled), and mobile notifications (if using the Google Calendar app on your phone).

By using either Google Tasks or Google Calendar, you can effectively set reminders for yourself within Gmail and stay organized with your tasks and appointments.

16th of August (second message)

 Josh and Mak International: Dear Interns,

I hope this message finds you well. As we continue our work on various projects, I’d like to streamline our collaboration process by using Google Documents for sharing and reviewing your work. This will enable seamless communication and efficient editing. Here’s how you can share your work in progress with me:

Create a Word Document:

Begin by creating a Word document on your local machine. This document will contain your research findings, notes, or any other work you’d like me to review and edit.

Uploading to Google Drive:

Once your Word document is ready, follow these steps:

a. Open your Google Drive account using your Google email.

b. Click on the “+ New” button on the left-hand side and select “File upload.”

c. Locate and select the Word document from your computer’s files.

d. The document will now be uploaded to your Google Drive.

Converting to Google Docs Format:

To enable real-time collaborative editing, we’ll need to convert the Word document to Google Docs format:

a. Right-click the uploaded Word document in Google Drive.

b. Select “Open with” and choose “Google Docs.” The document will be converted.

Sharing with Me:

Now, you can share the Google Docs version of your document with me:

a. Open the converted Google Docs file.

b. Click on the “Share” button in the top-right corner.

c. Enter my email address ([Your Email Address]) in the “People” field.

d. Choose the appropriate sharing settings. You can select “Can edit” to allow me to make edits directly, or “Can comment” if you want me to provide suggestions.

e. Click “Send” to share the document with me.

By following these steps, you’ll be able to share your work in a format that allows for efficient collaboration and feedback. Please remember to ensure that your sharing settings are correctly configured to enable editing or commenting based on your preference.

Feel free to reach out if you have any questions or encounter any issues along the way. I’m here to assist you and ensure our collaboration remains productive.

In this conversation on August 16 and 17, 2023, the following key points were discussed:

  • Technical Issues with Government Websites: We informed the group, particularly intern Hassan who was working on Federal Shariat Court Jurisprudence about the Federal Shariat Court Website being down. Additionally, we noted that several other government websites, including Punjab Police and the Ministry of Energy, were also experiencing technical difficulties.
  • Confirmation of Technical Problems: Hassan Awan (intern) confirmed that he had experienced issues accessing the Federal Shariat Court Website, mentioning that it had been down for some time due to errors.
  • Website Outages: We mentioned that it had been observed that other government websites, like the Sindh High Court website, had experienced outages in the past.
  • Acknowledgment of Feedback: Kashif Sulehri intern acknowledged that they had seen the comments on their Google document on Environmental law  and assured us that they would correspond with you as soon as possible.
  • Research on Public Nuisance: We encouraged Kashif to analyze and correlate situations where public nuisance arises in their research.
  • Case Law and References: We provided links and references to specific case law related to fathers’ and grandparents’ rights in custody matters. We asked Hamza to check their email for case law citations and provided a link to online judgments that favor fathers and grandparents.

Overall, this conversation revolved around technical issues with government websites and ongoing research-related communication and resources for the interns

Furthermore tips for law interns on how to effectively skim through case summaries to find relevant information and key points of law, were shared.Key takeaways from these tips were: 

* Focus on Headnotes and Summaries: Start by reading the headnotes or case summaries provided at the beginning of the case report. These sections often provide a concise overview of the key issues, facts, and legal principles involved in the case.

* Identify Parties and Issues: Quickly scan the case summary to identify the parties involved in the case and the main legal issues being discussed. This will help you understand the context and scope of the case.

* Highlight Key Facts: Highlight or underline the key facts of the case that are relevant to the legal issues. Focus on essential details that provide context and contribute to the court’s decision.

* Look for Holding and Rationale: Pay attention to the court’s holding or decision and the rationale behind it. Identify the legal principles or rules of law that the court applies to reach its conclusion.

* Note Dissenting Opinions: If applicable, take note of any dissenting opinions or alternative viewpoints presented by judges. Dissents can provide valuable insights into different interpretations of the law.

* Check Legal Citations: Look for citations of statutes, regulations, and previous case law. These references can lead you to relevant legal sources for further research.

* Highlight Legal Principles: Identify and highlight any legal principles, doctrines, or tests that are discussed or applied in the case. These principles can serve as building blocks for your understanding of the law.

* Use Keywords and Phrases: Pay attention to keywords and phrases that relate to the legal issues. Use these keywords to search for more detailed information later.

* Note Case Outcomes: Record the final outcome of the case (e.g., affirmed, reversed, remanded) and the reasons behind the decision. This information will help you understand the significance of the case.

* Consider Policy Implications: If the case discusses policy considerations or public interest, take note of these aspects as they can be important for understanding the broader legal context.

* Cross-Reference with Class Materials: Compare the case summary with your class notes, textbooks, or other study materials to reinforce your understanding of the legal concepts.

* Use Visual Aids: Create visual aids such as flowcharts, diagrams, or concept maps to visually represent the relationships between parties, issues, facts, and legal principles.

* Practice Active Reading: While skimming, actively engage with the text by asking questions and making connections between different parts of the case.

* Practice Regularly: Skimming cases is a skill that improves with practice. Regularly skim through case summaries to develop your ability to quickly extract relevant information.

* Ask for Guidance: If you encounter challenging concepts or have questions about a case, don’t hesitate to seek guidance from your supervising attorney, senior interns, or professors.

Remember that effective skimming is a balance between speed and comprehension. Over time, you’ll become more proficient at identifying key points of law and extracting valuable insights from case summaries.

August 17 to August 21 2023

In this conversation spanning from August 17 to August 21, 2023, several key points were discussed:

  • Google Document for Research: On August 17, we  asked intern Hassan to create a Google document for their Federal Shariat Court research, which they confirmed having done.
  • Access to Legal Resources: We shared links to useful legal resources and case citations with the interns to aid their research on Harrassment, Environmental law, Federal Shariat Court and Fathers Rights of Custody
  • Research Guidance: We provided specific research tasks and guidance to the interns working on various legal topics, including environmental law, harassment law, and family law.
  • Analysis of Case Law: We instructed intern Hamza to analyze and summarize case law related to fathers’ visitation and custody rights. You emphasized the importance of practical analysis rather than essays.
  • Research on Harassment Law: We asked intern Leena to research whether an employer is responsible for helping a harassed employee register an FIR against the harasser and whether both actions under the Protection from Harassment Act and under the PECA can be done simultaneously.
  • Vicarious Liability: We directed the Leena to explore the concept of vicarious liability in the context of harassment cases and determine whether it applies in Pakistan.
  • Formatting Guidelines: In response to intern Hamza’s request, you mentioned that there were no specific formatting guidelines needed for the research work, and summarizing the cases in a structured manner was sufficient.

August 21 to 23rd 2023.

Hamza, expressed gratitude for our patience in assisting him. We responded by emphasizing the importance of learning and reassured him that he would improve with time and each

Leeena provided a legal citation on Harassment law in the online workplace in Pakistan for review, which we acknowledged and expressed our intention to look into it. We also inquired if there were any questions from other interns.

Hassan, another intern, mentioned working on an assignment, to which we corrected him regarding the terminology used in legal practice.In law practice we call legal tasks and assignments ‘legal briefs’.

We shared more legal judgments and cases for review, explaining their significance and relevant legal principles. We also offered to assist Kashif in finding environmental tribunal cases and instructed him to remind you later.

Hassan shared his brief on Federal Shariat court for review, and we clarified the process for document sharing. Lastly, we presented a legal research question about conflicting judgments, indicating our interest in the topic.

We provided comments on Hamza’s document and assigned a task to research “Intelligence preference of a minor custody Pakistan.” The intern was instructed to summarize findings from each result, including case judgments, and analyze the results in favor of fathers in custody cases.

We  initiated a discussion about scheduling a meeting to explain how AI can assist in brief preparation.We suggested Sunday as a suitable time after 4 pm and encouraged everyone to comment on their availability.

We let Hamza know we had updated a web page with insights on fathers’ rights and interim custody, inviting the intern to review it.

23rd to 26th of August 2023:

In this conversation, which took place over several days, the participants,  discussed various topics related to their upcoming AI-based legal research session. They discussed potential meeting times, signed up for AI platforms like ChatGPT, Google Bard, and Poe, and shared their availability. They also raised questions about the capabilities of these AI tools in assisting with legal research and analysis.

Barrister Aemen cautioned the team about the limitations of AI in legal research, citing a real-life example of a lawyer who faced issues with AI-generated content. They discussed the importance of verifying AI-generated information and using AI as an assistant rather than relying solely on it for legal research.

The conversation also touched on topics like filing for revision in family law cases and the need for reminders to stay organized.

Overall, the conversation revolved around the practical aspects of using AI in legal work, the importance of critical thinking, and planning for their upcoming AI research session.

28/08/2023 

Kashif was told that he had been sent cases and materials on  Section 22 PEP 1997 , Section 17 of ‘The Pakistan Environmental Protection Act 1997,  Section 23 of ‘Pakistan Environmental Protection Act 1997’. He was asked to copy all cases to the Google document and start work on their analysis there and to create a proper brief.

Hassan was asked to confirm if he was consulting all the following Acts  & Rules:

  • Federal Shariat COURT 2008
  • Federally Administered Tribal Areas (Exclusion of Jurisdiction of Federal Shariat Court) Order 1984
  • Judges of the Federal Shariat Court (Assignment of Functions) Order 1984
  • Jurisdiction of Federal Shariat Court
  • Federal Shariat Court (Procedure) Rules 1981
  • Federal Shariat Court (Terms and Conditions of Service of Staff) Rules 1982
  • Federal Shariat Court Procedure Rules 1981

29th of August 2023

Dear interns, kindly check your email and respond we will use the same email chain for further notifications of extensions and contracts, etc.

Leena’s contract has been extended to another month.

The page https://joshandmakinternational.com/register-of-interns/  has been made to mention in your CVs and academic applications for confirmation of your internship.

Interns were told can always ask them to check on this page to confirm and contact us regarding a current internship. If a letter is needed the interns can get it after the 25 days of your internship are complete.

29th to 5th of September 2023

Interns asked various questions while working working on their various briefs and were given responses.

5th of September, 2023  

Hassan was commended his brief for the Federal Shariat Court and asked to pick another aspect of the Federal shariat Court and check the judgments on their website. He was given the suggestion “How about making a table of laws FST has struck down?” Hassan agreed and he was asked to make a comprehensive table which we will publish on the website and attribute it to him.

6th of September 2023

Dear All,

Appraisals are upcoming for Hamza, Hassan and Kashif for renewal of contract.Please update me on the status of your briefs by 13th of September in a proper Google Document.

Leena is asked to arrange a meeting with our team for a detailed discussion on how far her work has progressed and whether she needs further guidance.

10th of September 2023

The Advantages of Reading Whole Judgments for Legal Learning

Dear Interns,

Today, we want to emphasize the importance of reading whole judgments, as opposed to relying solely on summaries, in the pursuit of legal learning. Here are some key advantages:

1. Contextual Understanding: Whole judgments provide context that summaries often miss. They contain detailed information about the case’s background, procedural history, and the arguments presented by both sides. This context is crucial for a comprehensive understanding of the legal issues at hand.You will also learn which procedural provisions regularly interplay with the law and what multiple legal grounds you can take in a similar case.

2. Legal Reasoning: Reading entire judgments allows you to delve into the judge’s reasoning. You’ll see how they arrived at their decision, which can be as important as the decision itself. This insight into legal logic is invaluable for developing your own analytical skills.

3. Precedent Analysis: Whole judgments often reference previous cases and legal precedents. By reading the full judgment, you can follow the trail of precedents and better understand how legal principles have evolved over time.

4. Nuances and Caveats: Summaries tend to simplify complex legal matters. Whole judgments, on the other hand, highlight nuances and exceptions. These finer points can make a significant difference in how you interpret and apply the law.

5. Legal Writing Skills: Exposure to well-crafted legal writing in judgments can improve your own legal writing skills. You’ll observe how judges structure their arguments, use legal terminology, and convey their decisions effectively.

6. Confidence in Interpretation: Reading full judgments enhances your confidence in interpreting legal documents. It empowers you to independently assess legal issues and make informed decisions.

7. Ethical Considerations: Legal ethics and professional responsibility are vital in the legal field. Whole judgments often touch on ethical matters, helping you appreciate the importance of ethical conduct and adherence to professional standards.

8. Uncovering Dissent: Not all judgments are unanimous. Some involve dissenting opinions. Reading the full judgment exposes you to dissenting views, which can enrich your understanding of the legal debate and the diversity of legal thought.

9. Preparing for Advocacy: If you plan to pursue a career in litigation or advocacy, reading whole judgments is essential. It equips you with the skills to construct compelling legal arguments and anticipate counterarguments effectively.

10. Comprehensive Knowledge: Ultimately, a deep understanding of the law requires engaging with primary sources. Reading whole judgments ensures that you possess a comprehensive knowledge base that extends beyond surface-level summaries.

In summary, while summaries serve a valuable purpose of skimming to the more relevant cases, they should complement, not replace, the reading of whole judgments. Once you embrace the challenge of deciphering the language of the law in its raw form, and you’ll find that it is a rewarding endeavor that significantly enhances your legal learning.

26th of September 2023

In this Internship Cycle we will focus on addressing legal misinformation on facebook & youtube on selected areas of your choice.

Hassan has chosen : Marriage/Divorce/Khula

Hamza Butt has chosen : Islamic Succession and its connected aspects.

5th of October 2023 

Sana Haque has joined us as an intern.Her focus is on electronic crimes, especially online financial fraud.

16th of October : 

Legal Tips for Interns: Insights into Pakistani Law

  1. Double Jeopardy: Remember, no one can be punished twice for the same offence. This is a fundamental principle in criminal law and is covered under the Doctrine of Double Jeopardy.
  2. Caveat Emptor: The Doctrine of Caveat Emptor reminds us that buyers should always be vigilant during any purchase. This principle often comes into play in consumer law cases.
  3. Equity and Vigilance: The legal maxim “Equity favors the vigilant, not the indolent” should be your guiding principle in civil cases, particularly those involving contracts and property.
  4. Clean Hands: In litigation, a plaintiff must approach the court with clean hands; any bad faith can seriously impair their case.
  5. Impartiality: The principle that no one can be a judge in their own case is sacrosanct. Always remember to disclose any conflicts of interest.
  6. Right and Remedy: The principle “Ubi Jus Ibili Remedium” teaches us that for every right, there must be a remedy. This is particularly important in tort and constitutional law.
  7. Timeliness in Justice: The adages “Justice Delayed is Justice Denied” and “Justice Rushed is Justice Crushed” offer valuable insights into the importance of timely justice.
  8. Doctrine of Spec Succession: You cannot claim an inheritance unless the succession is open. Always ensure the legal prerequisites are satisfied before taking such cases.
  9. Court Hierarchy: Familiarise yourself with the court hierarchy. Civil suits are usually initiated in the court of the senior civil judge, whereas suits under Order 37 of the Code of Civil Procedure (CPC) go to the district judge.
  10. Family Law: Understand the two main statutes governing family suits: the Family Courts Act, 1964, and the West Pakistan Family Court Rules, 1965. Usually, the jurisdiction for filing a family suit is where the female resides, even if temporarily.
  11. Bail Provisions: Post-Arrest Bail is filed under section 497 of the Code of Criminal Procedure (CRPC), while Pre-Arrest Bail is filed under section 498 of the CRPC. Know the difference and the courts where these are filed.
  12. Offences and Bail: Always check the Schedule at the end of the CRPC book to understand the nature of offences. It helps to know whether the offences are compoundable/non-compoundable, bailable/non-bailable, and cognizable/non-cognizable.
  13. Writs: Writs can be of various types and are generally filed under Article 199 of the Constitution of Pakistan. For example, a Writ of Habeas Corpus is filed under Section 491 of the CRPC.
  14. Limitation Periods: The time for filing first appeals in civil cases is 30 days, second appeals have a 60-day limitation, and civil revisions have a 90-day limitation. Always be aware of these time constraints.
  15. Inheritance Rules: Familiarise yourself with the Islamic Law of Inheritance for understanding the share of each heir, such as the wife, husband, and parents.
  16. Contempt of Court: Know the rules related to contempt of court and the penalties, which can include property attachment and imprisonment for up to six months.
  17. Review and Amendment: Understand when and how to file for a review of a judgment. Also, know the rules for amending plaints and written statements under the CPC.
  18. Public Interest Litigation: Cases of public interest can be directly filed under Article 184(3) of the Constitution of Pakistan. Be aware of this unique provision for public good.
  19. Child Custody: In child custody matters, a female child usually stays with the mother until she reaches puberty, and a male child stays with the mother until the age of 7 years.
  20. Khula and Talaq: In cases of divorce, the grounds for Khula are mentioned in Section 2 of the Dissolution of Muslim Marriages Act 1939. If a woman has the right of talaq-e-tafweez, she can obtain a divorce directly from the Arbitration Council.

Understanding and applying these principles and procedures will not only elevate your practice but also guide you in offering sound legal advice. Keep these tips at your fingertips as you navigate the complex, yet fascinating, landscape of Pakistani law.

More Tips on Legal Doctrines and Principles

  1. Double Jeopardy: Familiarise yourself with the concept that one cannot be punished twice for the same offense. This is important in criminal law and can often be a defense in cases of repeated prosecution.
  2. Caveat Emptor: In contract law, always remember that the buyer is expected to be vigilant during a purchase. This doctrine places the onus on the buyer to perform due diligence.
  3. Equity Favors the Vigilant: This principle stresses that law aids those who are proactive and not those who sleep over their rights.
  4. Clean Hands: In civil disputes, always ensure that your client approaches the court with clean hands, meaning that they are acting in good faith.
  5. Impartiality of the Judge: Remember that a person cannot be a judge in their own case. This is a fundamental principle to ensure fairness and impartiality in legal proceedings.
  6. Right and Remedy: Always recall that where there’s a right, there’s a remedy. This is the essence of civil and criminal law, and it’s crucial for providing justice.
  7. Timeliness of Justice: The phrases “Justice delayed is justice denied” and “Justice rushed is justice crushed” encapsulate the importance of timely justice. Always strive to expedite cases while ensuring that all legal norms are thoroughly respected.

Procedural Tips

  1. Court Hierarchies: Recognise that every civil suit starts in the lowest court, typically the court of the senior civil judge. Different suits, like those under order 37 of CPC, have specific courts where they are filed.
  2. Family Law: Understand that family suits are governed by specific acts and rules, such as the Family Courts Act, 1964, and the West Pakistan Family Court Rules, 1965. These suits often consider the residence of the female party when determining jurisdiction.
  3. Bail Procedures: Post-Arrest Bail is filed under section 497 of CRPC, and Pre-Arrest Bail under section 498. Know which court to approach for each.
  4. Offense Types: Keep in mind the different categories of offenses—bailable/non-bailable, compoundable/non-compoundable, and cognizable/non-cognizable—as this will influence the course of legal proceedings.
  5. Appeal Timelines: The time for filing first, second, and civil revision appeals is 30, 60, and 90 days respectively. Always be vigilant about these deadlines.
  6. Custody and Maintenance: In family law, know that a female child stays with the mother until puberty, and a male child until the age of 7. Fathers are responsible for maintenance irrespective of custody arrangements.
  7. Inheritance Law: Always remember that the murderer has no share in the inheritance and that specific relief cannot be granted merely for enforcing penal law.
  8. Islamic Divorce Laws: In the case of ‘Khula,’ be aware that the wife may have to return the ‘Haq Mehr,’ and the decree becomes effective after six months.
  9. Public and Supreme Court Cases: Know that cases of public interest can be filed directly under Article 184(3) of the Constitution of Pakistan. Normal appeals in the Supreme Court are filed under Article 185.
  1. Writs: Familiarise yourself with the different types of writs—Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. Writs are generally filed under Article 199 of the Constitution of the Islamic Republic of Pakistan.
  2. Local Commissions: Courts have the power to appoint local commissions under Order 26 of CPC for various purposes, such as inspection, local investigation, or even expert opinions.
  3. Stay Orders: Understand that a stay order can either be permanent or temporary. Permanent or perpetual stays are generally granted under the Specific Relief Act of 1877, while temporary injunctions or stays fall under Order 39 Rule 1 & 2 of CPC.
  4. Amendments: A plaint can be amended under Order 6 Rule 17 of CPC, while a written statement can be amended under Order 8 Rule 10 of CPC. Always check for limitations and conditions for such amendments.
  5. Execution Proceedings: Order 21 of CPC governs the execution of decrees and orders. The plaintiff has a time limit of six years to file for execution.
  6. Civil Jurisdiction: Be aware that civil courts have unlimited pecuniary jurisdiction under the West Pakistan Civil Courts Act of 1962, although local governments may set different limits.
  7. High Court Proceedings: Typically, when a case is filed in the high court for the first time, it is heard by a single bench. Appeals against decisions of a single bench can go to a double bench or a full court.
  8. Supreme Court Procedures: To challenge the decision of a High Court’s double bench or full court, a leave to appeal is filed in the Supreme Court. If accepted, the case then proceeds to a full hearing.
  9. Public Interest Litigation: Cases of significant public interest can be directly filed under Article 184(3) of the Constitution, bypassing the lower courts.
  10. Res Judicata & Res Sub Judice: These principles, governed by Sections 10 and 11 of CPC, are crucial in civil law to prevent multiple or fraudulent litigations.
  11. Inherent Powers: Section 151 of CPC allows civil courts to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. Know when and how to invoke these inherent powers.
  12. Review and Revision: Understand the difference between review and revision and the circumstances under which they can be invoked. Review is generally filed under Order 47 Rule 1 of CPC, while revision falls under Section 115 of CPC.
  13. Police Procedures: Always remember that the police must produce an accused in court within 24 hours of arrest and cannot conduct a search without a warrant.
  14. Child Custody in Family Law: Knowledge of who gets custody of children in different scenarios, including after a divorce or second marriage of the mother, is crucial in family law cases.
  15. Islamic Law of Inheritance: Familiarise yourself with the shares of different heirs according to Islamic law, as this will often come into play in inheritance cases.
  16. Employment Law: In cases of dismissal by a private employer, an employee can only claim damages, as per Justice Iftikhar’s Judgement. Understand the legal nuances surrounding employment contracts and disputes.

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